HomeMy WebLinkAbout2002-05-07; City Council; Resolution 2002-1271
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RESOLUTION ~0.2002-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH MERKEL AND ASSOCIATES TO CONTINUE CAULERPA
TAXlFOLlA ERADICATION EFFORTS WITHIN AGUA HEDIONDA LAGOON USING STATE WATER BOARD FUNDS.
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.
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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:
(SEAL)
-2- 3
age 2 of 2 of Resolution No. 2002-127
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
Merkel & Associates, lnc.
THIS AGREEMENT is made and entered into as of the (3 7-h day of
20A4 by and between the CITY OF CARLSBAD, a municipal
corpozfl ("City"), and 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.
6. Contractor has the necessary experience in providing professional
services and advice related to surveying for and treating Caulerpa faxifolia.
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 faxifolia 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.
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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 Contractor 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
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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 oortion of the Services without prior written approval
of City. If Contractor subcont;acts 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,
emDlovees and volunteers from and against all claims, damages, losses and expenses
inciudkg attorneys fees arising out 07 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 patties 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 City-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
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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-
iimit per occurrence for bodily injury, personal injury and properly 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 Providinq 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 Coveraqe. 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
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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 agrees 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.
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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: For Contractor:
Michael J. Holzmiller Barbara L. Merkel
Title: Planning Director 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
9174 Sky Park Court, Suite 100 91 74 Sky Park Court, Suite 100
San Diego, CA 921 23 San Diego, CA 92123
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 Citv’s Conflict of Interest Code is reauired
of Contractor or any of Contractor’s employees, agents, or subcontractors. 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.
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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
procedure will be used to resolve any questions of fact or interpretation 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
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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
Citv must be asserted as Dart of the Aareement Drocess as set forth in this Aareement
an4 not in anticipation of litigation -or in conjunction with litigation. eontractor
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 et sea., 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 resDective successors. Neither this Aareement or anv Dart of it nor
any monies due or to become due under it may be assigned by Contracio; without the
prior consent of City, which shall not be unreasonably withheld.
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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 executina this Aareement 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.
Barbara L. Merkel, President
Keith W: ierkel, Secretary City Clerk
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If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, 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:
,/Deputy City Attorney
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
, On . ~- - before me, ' .- ,>, ,. - . ,, - . i, ',
Notary Public, personally appeared -'. ' ,,,. ..:. :+t I \ I ' 4 1; . t *, 5. ill. :'I. <, [,xj personally
known to me - or [+ prove&e"n-the basis af~ satisfaCtory.aidzw8 to be the person(sj
whose name(s) Ware subscribed to the within instrument and acknowledged to me that
helskelthey executed the same in hisCker/their authorized capacity(iesj, an.d that by h4wdtheir
signature(s) on the instrument the person(s1, or the entity upon behalf of which the person(s)
acted, executed the instrument.
', i I x\
i
WITNESS my hand and official seal.
..i
(Signature of Notary)
.r,,<
Services AgreemenVScope of Work February 28,2002
EXHIBIT “A’
SCOPE OF SERVICES
Eradication Program for Caulerpa taxifoh 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
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Services AgreemenUScope 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 AgreemenVScope 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 eradication 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, US. 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 & Associates, Inc. 3 btl
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 MaDDinq
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 dibers 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
Arcview" 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.
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Services AgreemenVScope of Work February 28,2002
Specific measures to be conducted under this task include:
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 Proaram Research and Development
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.
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Services AgreemenVScope of Work February 28,2002
Task 5: Data Analysis and Manaqement
Data management occurs daily as part of both sutvey 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:
Bi-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.
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Services Agreement/Scope 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.
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Services AgreemenVScope 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.
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Preliminarv Budaet 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 expected 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
1 Coordination and Planning $ 49,000 7.0% 11
2 Survey and Mapping $469,000 67.0% 8*
3 Treatment $ 70,000 10.0% 8*
4 Eradication Program R&D $ 24,500 3.5% 8*
5 Data Analysis and $ 24,500 3.5% 11
Management
6 Reporting $ 42,000 6.0% 11
7 Other Duties As Assigned $ 14,000 2.0% 11
8 Contract Administration $ 7,000 1 .O% 11
TOTAL ALL TASKS $7QQ,QQQ 100%
'This contract only provides funding for 8 months on these tasks. Other allocated
currently available. This contract is intended to absorb other costs to allow direct
resources will extend these elements to the full 11 month period for which funds are
allocation of other funds to tasks 2 through 4.
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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 8, 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) $45,304.20
Clean-up and Abatement City of Carlsbad/RWQCB-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
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Services Agreemenuscope 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 taxifolia 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
2001) is provided as baseline and progress information on the eradication efforts
to date.
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