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HomeMy WebLinkAbout2002-05-07; City Council; 16733; Eradicate Caulerpa Taxifolia in Agua HediondaCITY OF CARLSBAD - AGENDA BILL AB# 16,733 m: MTG. 5-7-02 AGREEMENT WITH MERKEL AND ASSOCIATES TO CONTINUE EFFORTS TO SURVEY AND ERADICATE CAULERPA TAXlFOLlA IN THE AGUA HEDIONDA DEPT. PLN @ LAGOON RECOMMENDED ACTION: DEPT. HD. CITY ATTY. CITYMGR e That the City Council ADOPT Resolution No, 2002-127 , APPROVING an agreement with Merkel and Associates for continuing survey and eradication services. ITEM EXPLANATION: Funds for the on-going eradication effort of Caulerpa taxifolia within Agua Hedionda Lagoon were under $50,000 in late 2001 when the San Diego Regional Water Quality Control Board (Regional Board) requested the City's assistance in accessing State Water Resources Control Board (State that supported the City's efforts to secure State funds as allowed by Section 13442 of the California Board) funds. Specifically, the San Diego Regional Board issued a resolution (Resolution 2001-309) water quality control and nuisance abatement efforts. The request was for $700,000. Water Code. This provision allows a public agency (like a municipality) to access these funds for budget for Caulerpa eradication within Agua Hedionda Lagoon. The eradication work has been In October of 2001, the City's request was granted and that money is now earmarked in the State performed by Merkel and Associates with technical oversight from the Southern California Caulerpa Action Team (SCCAT). Staff recommends this existing working relationship continue, with the City assuming the role as administrator of the consulting agreement. This role would require the City to review invoices from the consultant and request payment from the State to the consultant. The City would also receive updates on the progress of the eradication efforts and be involved in any public communication or outreach programs related to these efforts. These funds will be expended by the end of the year and no additional funds are involved, nor are any City funds involved in the $700,000 amount. ENVIRONMENTAL: There will be no environmental impacts resulting from the City's role as contract administrator. These funds will assist with eradicating the environmental nuisancelinvasive marine seaweed in the City (Caulerpa taxifolia). FISCAL IMPACT: No City funds are involved and the agreement absolves the City of responsibility for paying any invoices the State Board fails or refuses to pay. Minor administrative staff work will be required to review the invoices in concert with the SCCAT, and request payment by the State Board to the contractor. EXHIBITS: 1. City Council Resolution No. 2002-127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ~0.2002-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT TAXlFOLlA ERADICATION EFFORTS WITHIN AGUA HEDIONDA LAGOON USING STATE WATER BOARD FUNDS. WITH MERKEL AND ASSOCIATES TO CONTINUE CAULERPA WHEREAS, the invasive marine seaweed, Caulerpa taxifolia, was detected in Agua Hedionda Lagoon in June 2000 and has been the focus of eradication efforts by the Southern California Caulerpa Action Team (SCCAT) since that time; and WHEREAS, the San Diego Regional Water Quality Control Board requested, and formally supported, the City’s assistance in accessing funds in the amount of $700,000 from the State Water Pollution Cleanup and Abatement Account, and; WHEREAS, the State Water Resources Control Board approved the allocation of $700,000 for the continued eradication effort at Agua Hedionda Lagoon on November 15,2001; THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct 2. That the funds will be used exclusively for eradication efforts under the direction of the SCCAT and the San Diego Regional Water Quality Control Board. 3. That the City Council hereby authorizes the Mayor to execute an agreement with Merkel and Associates, Attachment “X, attached hereto, for environmental consultant services, for a one-year period, which may be extended by the City Manager for 2 additional one-year periods or parts thereof in an amount not to exceed the annual amount allocated by the State Board for continuing eradication services. .. .... .... d I L 2 4 < 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of MAY , 2002, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Hall NOES: None ABSENT: Council Members Kulchin. Finnila ATTEST: A A/ h3M LOkdINg M. WOOD, City Clerk (SEAL) -2- 3 ige 2 oC 2 of Resolution No. 2002-127 AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES Merkel 81 Associates, Inc. THIS AGREEMENT is made and entered into as of the 13 7-& day of 20L4 by and between the CITY OF CARLSBAD, a municipal corpozfl ("City"), aid Merkel & Associates, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of an environmental consultant that is experienced in surveying for and treating Caulerpa faxifolia. B. Contractor has the necessary experience in providing professional services and advice related to surveying for and treating Caulerpa taxifolia. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. Since the summer of 2000, efforts have been undertaken by Contractor to survey and eradicate Caulerpa taxifolia from the Agua Hedionda Lagoon. These efforts have been funded from a variety of public and private funds and guided by the Southern California Caulerpa Action Team ("SCCAT"), a group composed of representatives from the San Diego Regional Water Quality Control Board ("Regional Board), the California Department of Fish and Game, the National Marine Fisheries Service, the Agua Hedionda Lagoon Foundation, and Cabrillo Power I, LLC. In October, 2001, the existing funding for these efforts was nearly depleted and, at the request of the City, the State Water Resources Control Board ("State Board) allocated $700,000 from the State Water Pollution Cleanup and Abatement Account to continue these efforts, with the City acting as contract administrator and SCCAT providing technical oversight for the work. Contractor has submitted a proposal for continuing survey and eradication services and is willing to perform these services subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A, which is incorporated by this reference in accordance with this Agreement's terms and conditions. 1 City Attorney Approved Version #04.01.02 - 28 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. ,- TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional one-year periods or parts thereof in an amount not to exceed the annual amount allocated by the State Board for continuing eradication services. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Seven hundred thousand dollars ($700,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement and funded by the State Board. Contractor must submit monthly invoices to the City with a copy to SCCAT and the Regional Board. Within five (5) business days after receiving a copy of the invoice, SCCAT and the Regional Board will provide the City with a written recommendation for payment, partial payment, or non-payment. After considering the recommendation, the City will submit the invoice to the State Board with a request for payment, partial payment, or non-payment. If the State Board approves a payment request, payment will be made directly to Contractor. Contractor acknowledges that the funding for this Agreement is being provided by the State Board and not by the City. If the State Board, for any reason, fails or refuses to pay an invoice submitted by Contractor, the City will have no obligation to pay the invoice. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contraator to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement 2 City Attorney Approved Version #04.01.02 2? contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may have the State Board deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to-property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or Citf Manager approves a lower amount. These minimum , amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and 3 City Anorney Approved Version #04.01.02 v 70 employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' ComDensation and EmDlover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. '10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing 4 City Attorney Approved Version #04.01.02 i ji policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or have the State Board deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor aarees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. .. - 5 City Attorney Approved Version #04.01.02 ?a -J 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of contractor under this Agreement. For Citv: Michael J. Holzmiller Title: Planning Director For Contractor: Barbara L. Merkel Title: President Department: Planning Department Address: 5434 Ruffin Road City of Carlsbad Address: 1635 Faraday Avenue San Diego, CA 92123 Carlsbad, CA 92008 Phone No.: (858) 560-5465 Phone No.: (760) 602-4600 With a copy to: SCCAT Regional Board C/O Bruce Posthumus, SCCAT Chair John Robertus, Executive Officer 91 74 Sky Park Court, Suite 100 9174 Sky Park Court, Suite ,100 San Diego, CA 92123 San Diego, CA 921 23 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontFactors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 6 City Attorney Approved Version #04.01.02 - id 7;: 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state ,and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following Drocedure will be used to resolve anv auestions of fact or interwetation not otherwise settled by agreement between the parties. Representatives of'contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement or if the State Board determines not to fund the services, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City, after consultation with SCCAT, will make a determination of fact based upon the work product delivered of the percentage of work that Contractor has performed which is usable and of worth in having the Agreement completed. Based upon that finding City will determine the amount of final payment to request from the State Board. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it 7 City Attorney Approved Version #04.01.02 ., 2.7 to City. After consultation with SCCAT, the City will recommend an amount and request payment from the State Board for the work performed by contractor up to the termination date; however, the amount will not exceed the total fee payable under this Agreement. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. ' CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. - Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 etseq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false'claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up -to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 8 City Attorney Approved Version #04.01.02 q2/ 4 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions ~I of this Agreement. CONTRACTOR (sign here) Barbara L. Merkel, President "By: (sign here) Keith W. Merkel, Secretary City Clerk 9 City Attorney Approved Version #04.01.02 .3b If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: $449 LA ,,,/Deputy City Attorney i 10 City Attorney Approved Version #04.01.02 3 ‘I STATE OF CALIFORNIA COUNTY OF SAN DIEGO , On *-: ; "_ - before me, I :: ..,. - \ . \1 -. , , -. ,i I, Notary Public, personally appeared -' . L,. ,. L Ni , . \ I ' - Y;. ,i \ t. ~ Pt. : . ,"[d personally known to me - or ["f pro-n-the bask -of. satisfachq~.e& to be the person@) whose name(s) Ware subscribed to the within instrument and acknowledged to me that W/they executed the same in Idherltheir authorized capacity(iesj, and that by hi4Ckefltheir signature(s) on the instrument the person(s1, or the entity upon behalf of which the persongs) acted, executed the instrument. .~ I' 1 WITNESS my hand and official seal. Services AgreemenVScope of Work February 28,2002 EXHIBIT “A” SCOPE OF SERVICES Eradication Program for Caulerpa taxifolia at Agua Hedionda Lagoon, Carlsbad. California Background In June 2000, the highly invasive Mediterranean strain of the tropical alga, Caulerpa taxifolia, was discovered in Agua Hedionda Lagoon, Carlsbad, California. This site represents the first known occurrence of this invasive strain within the Western Hemisphere and is considered to pose a major threat to coastal eco systems, as well as to recreational and commercial uses.of resources. While the species has now been confirmed at a second site in Huntington Harbour, Huntington Beach, California, Agua Hedionda reflects the larger of the known infestations. Public outreach and surveillance of target sites within southern California has not identified the existence of additional infestations. Caulerpa taxifolia has been banned from international import or interstate commerce since 1999 through the Federal Noxious Weed Act. In July 2001, the entire Caulerpa genus was banned in the city of San Diego with notifications sent to pet stores. Finally, legislation banning the transport, sale, and possession of several potentially invasive species of Caulerpa was recently approved by the California State Legislature and was signed into law by the Governor on September 24, 2001. Unfortunately, the popularity and ease of culture of this alga means that it will likely remain in circulation among aquarists. During the first year, much has been accomplished in the Caulerpa eradication effort, yet much still remains to be done. The eradication program being employed within Agua Hedionda Lagoon consists of survey and treatment elements in which saturation surveys are used to seek out Caulerpa, which is subsequently treated by the application of chlorine under vinyl containment tarps. Year 2000 surveys revealed the presence of slightly less than 75% of the Caulerpa believed to have been present within the lagoon during 2000. The summer and fall of 2000 was a period of aggressive treatment and high expenditures on treating large patches of Caulerpa. The largest single patch was estimated to have a biomass in excess of 30 tons of the alga. All of the 11,310 square feet of material known to exist in 2000 was treated, resulting in a 97.72% reduction of Caulerpa within the 2000 eradication area prior to 2001. Because of the significant reduction in the extent of the alga, in 2001 the focus shifted away from localized treatment and more towards heavy surveillance and treatment where previously undetected infestations were found. By the summer of 2001, the survey intensity was five times greater than in the summer of 2000. With this increased survey intensity, five additional infestation areas were identified and treated, totaling about 27% of the algal Merkel & Associates, Inc. 1 Services AgreernenVScope of Work February 28,2002 cover as found and treated in 2000. In the first year of the program efforts in the Lagoon focused on treatment of very large patches. While the extent of Caulerpa continues to be reduced as the second year of the eradication effort continues, the intensity of surveys used to locate remaining patches is rising, increasing effort and cost. As a result, surveillance is replacing treatment as the most costly element of the eradication program. It is anticipated that this will continue to be the case through the present year and in coming years. Because this effort is the first of its kind ever undertaken, considerable adaptation is anticipated as the effort progresses. It is essential that both technical and administrative aspects of the effort be structured to accommodate the required flexibility. For this reason, a technical management entity has been identified and empowered to oversee the rapid allocation of resources in an appropriate manner to accomplish the eradication objectives. Merkel & Associates, Inc. 2 Services AgreementIScope of Work February 28,2002 SCOPE OF WORK February 2002 This scope addresses the various aspects of work presently being undertaken within the Agua Hedionda Lagoon Caulerpa e’radication effort and anticipated to be completed in the coming months. Surveillance and eradication of Caulerpa were initiated in Agua Hedionda Lagoon, Carlsbad, California in June 2000 and has been conducted with technical oversight from the Southern California Caulerpa Action Team (SCCAT) Steering Committee. The SCCAT is a multi-agency taskforce with representation from numerous federal, state, and local governmental agencies, as well as private agencies and organizations. All work under this Agreement will also be conducted with technical oversight from SCCAT Steering Committee. Southern California Caulerpa Action Team Steering Committee William Paznokas, California Department of Fish and Game (CDFG), Lead State Agency Robert Hoffman, National Marine Fisheries Service (NOAA-NMFS), Lead Federal Agency Bruce Posthumus, Reg. Water Quality Control Board - Reg. 9 (RWQCB-SD), SCCAT Chair Dr. Lars Anderson, U.S. Department of Agriculture (USDA), Technical Advisory Committee Chair PROGRAM ROLES The City of Carlsbad (the City) is responsible for administering this Agreement and for requesting disbursement of State Water Resources Control Board, Clean-up and Abatement Account grant funds to be expended on Caulerpa eradication and supporting efforts,being conducted by Merkel & Associates, Inc. (CONTRACTOR). The SCCAT Steering Committee will provide technical oversight of CONTRACTOR’S work and shall recommend payment be requested by the City. To ensure effective administration, the City Manager or a designee will receive notice of and may attend all project-related meetings in a liaison capacity. CONTRACTOR WORK TASKS The following tasks are anticipated to be completed by the CONTRACTOR under this contract. Task 1: Team Coordination and Planninq This task encompasses multiple levels of coordination including: SCCAT meeting preparation and presentations; Coordination with SCCAT Steering Committee members and the City’s liaison; Field crew meetings and coordination for purposes of directing activities; Coordination of access issues with lagoon users including Cabrillo and lagoon users; Merkel 8, Associates, Inc. 3 41 Services AgreemenVScope of Work February 28,2002 Permit acquisition, maintenance, and reporting requirements, and; Public outreach and meeting support including presentation to the general public, political bodies, dive and other target outreach groups, and other groups as requested. Planning for tasks related to information' gathering, eradication plan development, and coordination of and mobilization of resource to the eradication site are also included under this task. These elements are to be tracked separately from survey and treatment efforts. This will provide a greater ability to predict eradication costs on future Caulerpa infestations. Task 2: Survev and Mapping Under the present survey approach, surveys are implemented by positioning weighted rope (transect lines) along the lagoon bottom to aid in guiding divers. With the aid of a differential GPS, parallel transects are generally placed 10 m apart. Five divers then follow the transect lines while maintaining diver-to-diver spacing using a 5-m length of rope. This method assures that after swimming both sides of adjacent transect lines that the space between lines has been surveyed with each diver assigned a 1-m wide swath. Transect lines are placed repeatedly in a pattern that ensures 100% coverage of the lagoon area. Occasionally, transect widths are increased or decreased dependent upon water clarity. No more than a 1.65- swath has been assigned to a single diver since implementing this survey technique during the Spring of 2001. It currently takes approximately 53-survey days to complete an entire survey of Aqua Hedionda (all basins) with 1-m diver spacing. Surveys are currently repeated quarterly unless poor conditions prevent completion within a single quarter. Field survey efforts are documented through maintenance of survey track records in ArcViewm mapping software. Any Caulerpa encountered during a survey is marked by the placement of a buoys. Marker buoys are then mapped by use of dGPS and ArcViewTM. Mapped Caulerpa is generally treated within 48 hours of mapping. Where large infestation areas are located or significant numbers of patches are found, this treatment period may extend for a longer period. Survey techniques may be varied, as required, in response to specific survey needs or survey methods may be wholly adjusted with guidance from the SCCAT Steering Committee. Task 3: Treatment Treatment involves all measures necessary to contain and kill Caulerpa. This includes implementation of temporary closures around infested areas to accommodate treatment, covering or removing of patches, application of chlorine within treatment areas, and subsequent inspection and maintenance of treatment sites to ensure containment and adequate treatment dosages. Merkel & Associates, lnc. 4 Services AgreemenUScope of Work February 28,2002 Specific measures to be conducted under this task include: 0 0 0 0 Installation, maintenance, and removal of surface safety monuments or closures associated with treatment actions; Construction of any treatment control grids and monuments; Completion of treatment area specific searches that occur prior to treatment; All work associated with treating Caulerpa including preparation of on-site materials, placing containment tarps, chlorination of treatments: All field and initial data entry documentation of treatment actions; Treatment efficiency inspections and sampling: Any secondary treatment or retreatment required, and: All treatment area maintenance including any off-gassing, tarp repairs or reinforcement. The principal method of treatment in use at Agua Hedionda includes covering identified patches with impermeable 20mil black PVC tarps. Prior to tarp placement, solid chlorine tablets are placed adjacent to any Caulerpa patches. After placement of chlorine, tarps are sealed to the seafloor by positioning sandbags along on the entire margins of the tarps and in a less dense array across the top of the tarp to minimize ballooning. Alternative treatments including use of liquid chlorine injection and hand picking are also used where specific conditions warrant. The tarps are left in place to. discourage re-growth of any viable material that may remain in the sediment. Tarps are then mapped with the same methods used to map Caulerpa. CONTRACTOR shall maintain all necessary licenses and registrations for registered chemical applications. Treatment techniques may be varied, as required, in response to specific treatment needs or methods may be wholly adjusted with guidance from the SCCAT Steering Committee.- Task 4: Eradication Program Research and Develoment Recognizing that the present eradication program is the first of its kind anywhere, it is essential that we not get complacent in the use of the present techniques being applied in the program and continue to explore options. Within the first 18 months there have been tremendous improvements to the program made as a result of testing new tools, examining efficacy of treatments, evaluating different techniques for survey, and exploring widely varying approaches to differing aspects of the effort. During the coming year, it is anticipated that a statistically defensible program for evaluating survey efficacy will be undertaken. In addition, an in situ evaluation of treatment efficacy is anticipated to be undertaken. Alternative survey and treatment methods will continue to be explored on a feasibility level basis and where promising results are found to exist, the SCCAT Steering Committee will be consulted about expanding pursuit of these methods through a more rigorous testing program. Merkel & Associates, Inc. 5 - &5 Services AgreemenVScope of Work February 28,2002 Task 5: Data Analvsis and Manaaement Data management occurs daily as part of both survey and eradication efforts. However, there are many instances where time is spent solely on management of data. This includes preparation of maps and tables for planning, presentation, and reporting purposes. Moreover, general maintenance such as quality control of data entered in the field and backing up of data are included under this task. The data analysis and management task also includes preparation of various data analyses and summary outputs to support other project communication needs. This includes assembling graphs, graphics, photos., and summary material for presentations being made by others. Task 6: ReDortinq Formal written communications in the form of reports to the City, State Board, Regional Board, SCCAT, and public are to be addressed under this task. Reports to be included are as follows: Si-weekly Status Reports - The CONTRACTOR shall prepare bi-weekly e-mail reports to include a status report on the entire Caulerpa program including all interrelated contracts. Reports are to be provided to the City and SCCAT Steering Committee in a format that allows for direct release to the SCCAT and general public by the Steering Committee after consultation with the City. Email reports are intended as a brief means of notifying the City and the SCCAT Steering Committee of the latest developments in the field with estimates of the amount of area surveyed and Caulerpa found. Reports should include the status of work completed over the prior two weeks, a brief summary of findings and issues, and anticipated action in the coming weeks. The reports are not intended to include detailed data analyses nor are they anticipated to include graphic support. However, both may be included if deemed necessary to communicate information most clearly. Quarterly Program Reports - The CONTRACTOR shall prepare Quarterly Reports to communicate information on the status of on-going efforts throughout the SCCAT program elements including all active contracts. This reporting effort will entail receiving cooperation from SCCAT agencies and other contractors engaged in activities supporting the eradication, outreach, and/or research needs. The report shall include data analyses and presentation of results in the form of tables, figures, and maps. It will include any new methods testing or research undertaken and any preliminary results. The report will also summarize any changes in protocols and recommendations for the future. The report shall be prepared in the form of a draft public release document that shall be presented to the SCCAT Steering Committee and the City. Following review and comment, the draft document shall be finalized and provided to the SCCAT Steering Committee in 10 bound copies and a PDF format suitable for posting on an internet Web site. Three bound copies shall also be provided to the City. Merkel & Associates, lnc. 6 Services AgreemenVScope of Work February 28,2002 Annual Program Report - The CONTRACTOR shall prepare an Annual Report to serve as a second annual program update. This report will incorporate information presented in the Quarterly Reports and. will also present a comprehensive status report on the program efforts to date. The Annual Report shall present information on all eradication, outreach, surveillance, and research efforts conducted over the preceding year and is to provide a summary of program resources expended on each of the efforts undertaken. Again, this reporting is reliant on not only the CONTRACTOR, but also SCCAT agencies, and other funded Contractors. The Annual Report, like the Quarterly Reports shall be prepared in the form of a draft public release document that shall be presented to the SCCAT Steering Committee and the City. Following review and comment, the draft document shall be finalized and provided to the SCCAT Steering Committee in 10 bound copies and a PDF format suitable for posting on an internet Web site. Three bound copies shall also be provided to the City. Case Study and Other Scientific Papers - The CONTRACTOR shall lead an effort in the preparation of a comprehensive Case Study presented in discrete sections that address all aspects of the present response to Caulerpa in California waters. The Case Study shall be designed to contribute to the overall knowledge of Caulerpa eradication as well as other marine invasive species. The CONTRACTOR may rely on assistance from SCCAT agencies in the preparation of some report sections. The Case Study will be prepared in a format that allows the document to be publishable in a widely available scientific or management journal and it should be assumed that the Case Study could consume all or most of a journal issue. Authorship of the Case Study will be acknowledged on a .section-by-section basis. In some instances, more detailed information may exist for certain research or management elements than can reasonably be presented in the Case Study. In these circumstances, the CONTRACTOR shall prepare stand alone scientific papers to disseminate information and shall provide a summary of the information within the larger Case Study paper. Task 7: Other Duties as Assianed Since the first identification of Caulerpa in California and the formation of the SCCAT, the response has been developing. It has included considerable applied research, coordination with world experts, and an adaptive approach to implementation. In some instances, contracting mechanisms have been inadequate to address unforeseen needs that fall outside of specific scope items. Based on past experience, there are numerous Occasions when unforeseen needs arise for the CONTRACTOR to respond to requests of the SCCAT Steering Committee that would facilitate the eradication of Caulerpa. This task is designed to provide the necessary latitude to the Steering Committee, after consulting with the City, to provide guidance to the CONTRACTOR to respond to presently unforeseen circumstances. Task 8: Contract Administration This task covers work conducted in managing contractual obligations and accounting efforts. Merkel & Associates, Inc. 7 Services AgreemenUScope of Work February 28,2002 SCHEDULE AND BUDGET The work to be conducted under this contract is in support of the eradication of Caulerpa from Agua Hedionda Lagoon. Unfortunately, the degree of unpredictability as to what may be entailed in completion of the work is relatively high. Based on the past 20 months of effort and the predicted future needs, it is assumed that the majority of the work under this contract will entail eradication level surveys of the lagoon. This effort is expected to be completed quarterly and will be punctuated by regular SCCAT update meetings and public coordination and presentation events. Least predictable in both schedule and cost are the tasks associated with treatment and other duties requested by the SCCAT Steering Committee. We expect some level of increased occurrence of Caulerpa in association with the onset of warmer summer conditions. This seasonal rebound has only been observed once in 2001 and has not been observed lagoon-wide since some of the infestation areas were found during the summer 2001 season. For this reason, predictions regarding the specific distribution of time and resources between tasks should be considered estimates for tracking status. Resources may be transferred between tasks as necessary to best accomplish the work. Schedule of Work The anticipated schedule for this scope of work is outlined in the following page. The schedule assumes an 11 month work period. The schedule includes those elements known today as well as predicted needs in the future. The schedule is preliminary and subject to modification as required to respond to changing circumstances within the lagoon. Major schedule revisions will be coordinated with the SCCAT Steering Committee and City. Merkel & Associates. Inc. 8 Ik 2 0 I I a 14 2 I K Is 2 k-" I z 1% 0 N t--" I 0 0 c 0 e- 0 a L ili a 0 T I t" I c 5 +- "-I- I 9 I. Services AgreemenVScope of Work February 28,2002 Preliminarv Budget Allocation A detailed budget allocation is not possible given the uncertainty existing in the overall program. However, it is reasonable to anticipate a general allocation based on past experience on the Caulerpa program and general expectations of the effort required under each of the tasks covered under this scope of work. Recognizing that the present contract does not meet the full needs of the eradication program at Agua Hedionda, there is expected to be a need for ongoing resource prioritization. The SCCAT Steering Committee is e,xpected to provide guidance to the City and CONTRACTOR on a regular basis relative to allocation of remaining resources. This guidance is anticipated to come during monthly SCCAT meetings and through coordination with the SCCAT Steering Committee and City of Carlsbad on a more frequent basis as circumstances dictate. Although the fiscal resource allocations between tasks are subject to change and evolve as best meets the needs of the eradication effort, the preliminary budget outlined below best illustrates the anticipated funding needs known as of this date. TASK DESCRIPTION BUDGET PERCENT FUNDED MONTHS Coordination and Planning $ 49,000 7.0% 11 Survey and Mapping $469,000 67.0% a* Treatment $ 70,000 10.0% a* Eradication Program R&D $ 24,500 3.5% a* Data Analysis and $ 24,500 3.5% 11 Management Reporting $ 42,000 6.0% 11 Other Duties As Assigned $ 14,000 2.0% 11 Contract Administration $ 7,000 1 . 0% 11 TOTAL ALL TASKS $700,000 100% 'This contract only provides funding for 8 months on these tasks. Other allocated resources will extend these elements to the full 11 month period for which funds are currently available. This contract is intended to absorb other costs to allow direct allocation of other funds to tasks 2 through 4. Merkel & Associates, Inc. 11 Services AgreemenVScope of Work February 28,2002 With the proposed resource allocation, the total funding presently available to Agua Hedionda eradication efforts is approximately $1,007,863.99 consisting of the following: SOURCE FUNDING ENTITY AMOUNT Clean-up and Abatement RWQCB-R9 $2,000.18 Fund Bays & Estuaries Program USFWSlNMFS Transfer Funds $1,072.1 9 Private Funding Cabrillo Power I LLC $4,407.42 Private Funding Agua Hedionda Lagoon Foundation $5,000.00 Section 27 CDFG (diverted surveillance funds) $250,000.00 NOAA-ANS Funds NMFS (diverted surveillance funds) $45,384.20 Clean-up and Abatement City of CarlsbadlRWQCB-R9 $700,000.00 Fund $1,007,863.99 The presently allocated funding is anticipated to carry the Agua Hedionda Lagoon eradication effort for a period of approximately 11 months from 4 December 2001. Based on the present allocation and anticipated rate' of resource use, it is anticipated that existing funding will be expended by November 2002. BILLING The Contractor shall bill the City no more frequently than monthly. CONTRACTOR will provide the City with billing statements broken down by the above tasks. Each task will contain a breakdown of the hours spent by staff on the above tasks as well as any materials or equipment charges related to the above. tasks. Billing rates and costs shall be based on standard rates used for the ongoing work efforts with no escalation of rates from year to year (see attached). Consumable project materials shall be billed at cost except where Merkel & Associates, Inc. 12 4 +fO Services AgreernenVScope of Work February 28,2002 consumable materials are included in daily lease rates for equipment used in the work effort. Billings are to be submitted jointly to the City and SCCAT Steering Committee. Invoices shall include a summary page of costs by task broken down by total labor hours and labor classification and other direct costs including equipment and materials costs. A standard accounting period labor report print-out for the time period will be attached as back-up information. In addition, to the summary invoice, a ledger report will be prepared that maintains a running status for all project billings associated with the Agua Hedionda Lagoon eradication efforts regardless of payee. This ledger will identify the payer, the time period covered, the invoice amount, and residual funds remaining. ASSOCIATED DOCUMENTATION Three documents are included by reference to provide greater definition to the work being conducted. The first is the document, Rapid Response and Eradication Program for The lnvasive Green Alga, Caulerpa taxifolia, At Agua Hedionda Lagoon, Carlsbad, California (July 72, 2000). This document gives background information on Caulerpa and provides a foundation for methods employed in the eradication of Caulerpa. The second document, Revised Eradication Plan for Caulerpa faxifolia in California: Surveillance, Eradication, and Current Status (November 2007), is an amendment to the first. This document is intended as an update on current surveillance and eradication methodologies as they have evolved from the eradication plan. It is included because surveillance and eradication tasks will make up the bulk of billing statements. Finally, the One Year Status Report: Eradication and Surveillance of Caulerpa taxifolia within Agua Hedionda Lagoon, Carlsbad California (September 2007) is provided as baseline and progress information on the eradication efforts to date. Merkel & Associates, Inc. 13