DATE: November 8, 2016
SUBJECT:
Title
RESOLUTION SELECTING AND AUTHORIZING AN AGREEMENT WITH MERKEL & ASSOCIATES, INC. TO CONDUCT FISH SURVEYS IN ASSOCIATION WITH THE LIVING SHORELINES RESTORATION PROJECT FOR A PERIOD OF SIX YEARS FOR A TOTAL AMOUNT NOT TO EXCEED $200,000
Body
EXECUTIVE SUMMARY:
The San Diego Bay Native Oyster Restoration Plan (Living Shorelines) is a collaborative effort between the California Coastal Conservancy, U.S. Fish and Wildlife Service (USFWS), Cal State Fullerton, and other partners to design, construct and conduct long-term monitoring of the first-ever native oyster living shoreline in San Diego Bay. As a component of this project, biological monitoring of the project site pre- and post-construction is critical to building an understanding of living shoreline restoration techniques and project impacts. Pursuant to the Living Shorelines Phase 1 approach, pre- and post-construction biological monitoring entails one year of monitoring prior to construction of the Living Shorelines, and up to five years of monitoring following the completion of construction. The objective of the project’s fish sampling program is to quantitatively determine whether fish community composition, abundance, and species diversity in the project area are affected by construction of the Living Shorelines.
Pursuant to BPC Policy No. 110, District staff issued Request for Proposals (RFP) #16-23AC on July 11, 2016 seeking qualified firms to provide fish sampling and monitoring services associated with the Living Shorelines project. Four firms submitted proposals. Based on the written proposals and a decision analysis process using the criteria stated in the RFP, staff is recommending the Board of Port Commissioners (Board) select and authorize an agreement with Merkel & Associates for a total amount not to exceed $200,000, for a period of six years. Upon Board approval, Agreement No. 240-2016ME (Attachment A) between the District and Merkel & Associates would be executed.
RECOMMENDATION:
Recommendation
Adopt a Resolution selecting and authorizing an agreement with Merkel & Associates, Inc. for fish sampling and monitoring services associated with the Living Shorelines project for a total amount not to exceed $200,000 for a period of six years.
Body
FISCAL IMPACT:
Funds for this expenditure are budgeted in the approved FY 16/17 Planning and Green Port budget. Funds required for future fiscal year(s) will be budgeted in the appropriate fiscal year subject to Board approval.
Compass Strategic Goals:
This agenda item is to select and authorize a consultant agreement for fish sampling and monitoring services associated with the Living Shorelines project. The goal of the services provided is to quantitatively determine whether fish community composition, abundance, and species diversity in the project area are affected by construction of oyster reefs. This agenda item supports the following Strategic Goal(s):
• A Port with a healthy and sustainable bay and its environment
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans
• A Port that is a safe place to visit, work and play
DISCUSSION:
The Living Shorelines project is a collaborative effort between the California Coastal Conservancy, USFWS, Cal State Fullerton, and other partners to design, construct, and conduct long-term monitoring of the first ever Living Shorelines native oyster reef in San Diego Bay. The project integrates intertidal shoreline stabilization with restoration of native oysters and addresses long-term structural, ecological, and economical initiatives and goals identified in the District’s Integrated Natural Resources Management Plan (INRMP). Implemented previously in San Francisco Bay and on the East and Gulf Coasts to enhance habitat values, living shorelines have been used to create biologically rich and diverse habitats while addressing resiliency to changing environmental conditions.
Primary goals of the Living Shorelines project are to:
• Utilize native oyster reefs to act as a low lying vertical structure to reduce wind wave and boat wake energy along coastal salt marsh shoreline while providing important intertidal and subtidal habitat;
• Restore the historically-present native oyster population in South San Diego Bay; and
• Address resiliency to climate change.
Preliminary studies and conceptual design planning completed in 2015 identified the shoreline of intertidal habitat off the Chula Vista Bayfront just south of the Living Coast Discovery Center as an ideal project site.
Pre-construction and post-construction biological monitoring of the project site is critical to building an understanding of living shoreline restoration techniques and project impacts. The Living Shorelines restoration plan identifies the need for numerous biological monitoring elements, including fish, avian, benthic invertebrates, eelgrass, and oysters, in addition to physical processes such as wind speed and wave height, water quality, and sediment load. The District issued an RFP to determine fish community composition, abundance, and species diversity to determine what, if any, impacts to the fish community and how it could be affected by the construction of oyster reefs. One year of pre-construction monitoring and five years of post-construction monitoring will be required.
RFP and Consultant Selection
Pursuant to BPC Policy No. 110, District staff issued RFP #16-23AC on July 11, 2016 seeking qualified firms to provide fish sampling services in association with the Living Shorelines project, and on August 11, 2016, four proposals were received.
Proposals were evaluated by a panel comprised of District staff from the Planning & Green Port and Procurement Services departments. The evaluation panel ranked the firms based on criteria established in the RFP. While all of the firms were capable of conducting the requested services, based on this evaluation, staff recommends Board approval of an agreement with the top-scoring firm: Merkel & Associates.
MERKEL & ASSOCIATES, INC.
Merkel & Associates, Inc. (M&A) has over two decades of experience designing and implementing fish sampling programs in Southern California. M&A has provided extensive experience with the Living Shorelines project since the project’s inception in 2013. The firm’s project specific experience includes preliminary biological studies for oyster recruitment in the San Diego Bay, physical studies to measure water quality, wind wave energy and bathymetry of south San Diego Bay, and the preparation of the San Diego Bay Native Oyster Restoration Plan, which identified potential sites and outlined possible next steps for the Living Shorelines project.
The proposed project manager is Senior Biologist Holly Henderson. Ms. Henderson has 20 years of experience working in coastal marine environments. Ms. Henderson has a strong scientific background that includes a focus on development of conceptual restoration plans and long-term habitat monitoring programs.
M&A included the following sub-contractor in their proposal:
Dr. Danielle Zacherl, Department of Biological Science, California State University Fullerton (for scientific study design analytical support)
M&A highlighted relevant experience with fish sampling programs in the Southern California region including their previous direct involvement with the Living Shorelines project. Their approach to the project included the addition of reference sampling sites and an alternative sampling program with adjusted sampling intensity and frequency. Their proposal also included the use of Unmanned Aerial Vehicles (UAV aka Drone) as a new technology to provide high quality aerial survey data. Staff recommends the selection of M&A for this fish sampling and monitoring services agreement.
M&A has completed numerous natural resource projects for the District and has met or exceeded performance expectations.
MARINE TAXONOMIC SERVICES, LTD.
Marine Taxonomic Services, Ltd. (MTS) is an environmental consulting firm specializing in providing sampling services for marine resource investigations. MTS has extensive work experience in Southern California including invasive species management, water quality monitoring, and focused marine organism surveys.
The proposed project manager, Robert Mooney, Ph.D., has over 20 years of experience participating in numerous fish sampling programs on the west coast. He currently manages annual fisheries monitoring at the Pond 10/11 restoration site in south San Diego Bay and was the project manager for the San Diego Bay Dredge Recolonization Study in addition to numerous similar projects.
MTS included the following sub-contractor in their proposal:
Tenera Environmental (QA/QC Reporting)
MTS has worked on a number of natural resource projects with the District and has met or exceeded performance expectations.
TIERRA DATA, INC.
Tierra Data, Inc. (TDI) has 18 years of experience assisting the District with natural resource services throughout the San Diego Bay, including work on eelgrass, fish and invertebrate studies.
The proposed project manager is Elizabeth Kellogg. Ms. Kellogg is the President of TDI and has over 25 years of experience working on projects connected with the San Diego Bay. She has extensive experience authoring fish and invertebrate sampling work plans and was the lead author of the San Diego Bay Integrated Natural Resources Management Plan and the recent Chula Vista Bayfront Master Plan Natural Resources Management Plan.
TDI included the following sub-consultants in their proposal:
CGS Environmental (for technical data checks and field support)
Tenera Environmental (for field fish sampling support)
TDI has completed previous natural resources services for the District and has met or exceeded performance expectations.
VANTUNA RESEARCH GROUP
Vantuna Research Group (VRG) has conducted research and monitoring studies in local marine and estuarine environments for over 50 years and has been surveying fish populations in the San Diego Bay for the District and the US Navy since 1997. Supported by and located at Occidental College in Los Angeles, California, VRG is comprised of professional researchers and undergraduate students. VRG has nearly two decades of experience conducting various fish sampling techniques and has completed a variety of projects including eelgrass mitigation and fishery enhancement structure surveys, and the design of an artificial restoration reef and associated monitoring program.
The VRG proposal identifies Jonathan Williams, M.S. as the project manager. Mr. Williams has 13 years of experience working on projects in similar scope, including vegetated and non-vegetated portions of bays, harbors and estuaries. He has completed previous fish surveys in San Diego Bay using various collection methods.
The VRG proposal does not list any sub-contractors.
VRG has completed prior fish sampling services for the District and has met or exceeded performance expectations.
Conclusion
Based on a staff review of the proposals and the corresponding decision analysis, Merkel & Associates was determined to be the most qualified consultant for this agreement. M&A has performed well under previous natural resources agreements with the District. As such, staff recommends adopting a resolution selecting and authorizing an agreement with Merkel & Associates, Inc. to conduct fish sampling in association with the Living Shorelines restoration for a period of six years for a total not to exceed $200,000.
General Counsel’s Comments:
The Office of the General Counsel has reviewed the issues set forth in this agenda and found no legal concerns as presented and has reviewed and approved the agreement as to form and legality.
Environmental Review:
The proposed Board action to select and authorize an Agreement with Merkel & Associates to conduct fish surveys in association with Living Shorelines Restoration Project is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15306 (Class 6 - Information Collection) and Section 3.f of the District’s Guidelines for Compliance with CEQA because the project in question will allow for biological monitoring to determine if a Living Shorelines Restoration Project will occur. The monitoring includes basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. No further action under CEQA is required.
The proposed Board action complies with Section 87 of the Port Act, which allows for the establishment and maintenance of those lands for open space, ecological preservation, and habitat restoration. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
In addition, the proposed Board action is considered “excluded development” pursuant to Section 8.e (Information Collection) of the District’s Coastal Development Permit Regulations; therefore, issuance of a Coastal Development Permit is not required.
Equal Opportunity Program:
Due to limited known sub opportunities, no SBE goal was established for this agreement. Merkel & Associates is a registered SBE.
PREPARED BY:
Timothy Barrett
Senior Environmental Specialist, Planning & Green Port
Attachment(s):
Attachment A: Agreement No. 240-2016ME