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HomeMy WebLinkAboutCC Resolution 9714 (Spinnaker Point Lagoon Biological Monitoring)RESOLUTION NO. 9 714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AN AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL, INC. TO CONDUCT 1996/1997 BIOLOGICAL MONITORING OF THE SPINNAKER LAGOON (ONE YEAR COMMENCING JULY 1, 1996 AND ENDING ON JUNE 30, 1997). BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the Spinnaker Lagoon Management project requires environmental monitoring services; and WHEREAS, staff requested a proposal from Resource Management International, Inc. to provide environmental monitoring services for the Spinnaker Lagoon; and WHEREAS, staff has reviewed the proposal (Exhibit 1) and finds it conforms with industry standards. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael hereby authorizes the Director of Public Works to enter into an agreement for professional services with Resource Management International, Inc. for environmental monitoring services of the Spinnaker Lagoon. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 7°i day of October, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE EONCINI, ity M LClerk n R 1 0`1 [�i �-gra AGREEMENT FOR SPINNAKER LAGOON ENVIRONMENTAL MONITORING This Agreement is made and entered into this7ti-Iiay of" 1996, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and RESOURCE MANAGEMENT INTERNATIONAL. INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the Spinnaker Lagoon Management project requires environmental monitoring; and WHEREAS, staff requested a proposal from Resource Management International, Inc. to perform said enviornmental monitoring services; and AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Booker Holton is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "1" attached and incorporated herein. 3. DUTIES OF THE CITY incorporated herein. CITY shall perform the duties as described in Exhibit "1" attached hereto and 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "1" attached and incorporated herein. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT The term of this Agreement shall be for 1 year commencing on July 1, 1996 and ending on June 30, 1997. Upon mutual agreement of the parties; and subject to the approval of the City Manager, the term of this Agreement shall be extended for an additional period of six (6) months or to be determined. 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. Agreement • 2 8. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILTY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractural liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; Agreement • 3 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance. as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction. or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims. administration, attorney's fees and defense expenses. II. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless the CITY, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent. of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion. ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. Agreement • 4 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. David M. Bernardi City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Booker Holton Resource Management International. Inc. 43=40 Redwood Highway, Bldg. B San Rafael, CA 94903-2104 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. Agreement • 5 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. Tile terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the ternis and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. Agreement - 6 21. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 94-2611224 , and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Director of Public Works ATTEST: City Clerk APPROVE AS O MI: i Attorney ` t3' Y CONTRACTOR —RESOURCE MANAGEMENT INTERNATIONAL, INC. By: Name: Booker Holton Title: Vice President Agreement • 7 RMI RESOURCE M A N A G E M ENT I N T ER NAT 10 N A L, I N C. May 31, 1996 Mr. Fred Fincinti City of San Rafael Department of Public Works P.O. Box 60 San Rafael, CA 94915 Subject: Proposal.for 1996 and 1997 Budget for Spinnaker Lagoon Management Dear Fred: The draft Spinnaker Lagoon 1990-95 monitoring summation report recommends the following lagoon management efforts during 1996 and 1997: ► Investigate the options for draining the diked saltmarsh to a channel bankfull elevation whenever it inundates the pickleweed habitat for the salt marsh harvest mouse (SMHM), and develop a water management plan for this wetland (to be done in 1996); ► Conduct annual surveys to mark and remove/chemically treat broom and pampas grass on the property in a manner to minimize disturbance to nesting waterfowl (to be done in both 1996 and 1997); ► Conduct bi-annual monitoring of the pickleweed habitat of the diked salt marsh (to be done in the fall of 1997); and ► Conduct bi-annual live -trapping surveys for the SMHM population on the property (to be done in the fall of 1997). RMI biologists familiar with the study area from past years would perform all of the tasks listed above with the exception of the actual removal (weed wrench for the broom; frond cutting and removal for the pampas grass) or chemical treatment of the exotic plants. The plant removal and/or treatment would be performed by .appropriately licensed technicians or contractors under a separate contract to the developer or the City of San Rafael. A description of each of these work elements is provided below. 4340 REDWOOD HIGHWAY, BLDG. B . SAN RAFAEL, CA 94903-2104 • (415) 491-2677 • FAX (415) 491-2686 EXHIBIT 1 ALBANY, NY AUSTIN, TX BAKERSRELD, CA BEAVERTON, OR COLUMBUS, OH GLENDALE, CA OREM, UT ORLANDO, FL PHOENIX. AZ SACRAMENTO, CA WASHINCrON, DC WEST PALM BEACH, FL MANILA, PHILIPPINES Mr. Fred Fincinti Page Two APPROACH Salt Marsh Water Management Plan The objective is to manage the water level in this diked salt marsh so to minimize the duration of pickleweed inundation by stormwater. Prolonged inundation of this pickleweed habitat is stressful to the pickleweed, forces the SMHM into less favorable habitat where they are more susceptible to predation, and can delay or eliminate black- necked lacknecked stilt nesting in this habitat. Ideally, whenever the pickleweed is eliminated, the Department of Public Works could drain the water until the water elevation in the diked salt marsh is bank -full within the channels. At this time, it is not known if this is possible with the inlet and outlet elevations of the slide gate. RMI proposes to work with the City engineers to identify options for achieving the desired goal. The relative elevations of the slide gate's inlet and outlet, the bank -full condition, and four locations along the bottom of the two channels would be surveyed by RMI and options evaluated. Eradication of Exotic Plants The Homeowners Association and the developer have invested alot of time and money to remove pampas grass and broom from the property. This removal has been very successful and has allowed native vegetation to once again predominate. It is critical to perform annual maintenance to protect this investment. Each February, an RMI botanist and a technician provided by the developer or the Homeowners Association would walk the property and mark (with dye or flagging) exotic plants for treatment. As noted in the introduction, the plant removal and/or treatment would be performed by appropriately licensed technicians or contractors under a separate contract to the developer or the Homeowners Association. Pampas grass sprouts and broom would be pulled with a weed wrench and removed from the site. Mature pampas grass would have its fronds cut at the base, then removed from the property. During a second inspection in the latter half of June, new growth on the pampas grass stumps would be treated with the herbicide, Rodeo, and any additional sprouts of broom or pampas grass would be removed at this time with a weed wrench. The specific timing of these two activity periods is avoid disturbing nesting waterfowl. RMI's role in this effort would be limited to the twice yearly inspection and marking of exotic plants to be removed or treated. Pickleweed Monitoring Since 1990, three permanent transects have been monitored for vegetation cover and vigor every year in the fall (usually October). The transects are located in the diked salt marsh adjacent to Spinnaker Lagoon in areas representative of pickleweed establishment within the marsh (see the 1995 Spinnaker Lagoon monitoring report for maps). Each transect is 300 -feet long and is oriented in a roughly north -south direction. Twenty permanent quadrats are sampled using a 1 -meter square frame. Within each quadrat RMI EXHIBIT 1 R ESOURCE MANAGEMENT - I NTE RN AT I ON A L, INC. Mr. Fred Fincinti Page Three the species composition, percent cover by live vegetation, average height of the pickleweed, and the average vigor are recorded. Vigor is assessed using a scale of 0 to 5; 0 representing no vegetation;1 representing dead vegetation; 2 representing very low vigor; 3 representing low vigor; 4 representing moderate vigor, and 5 representing vegetation that was healthy and vigorous. (In 1992, the vigor value of "0" was introduced to show plots that had no vegetation, Le, there was only bare ground. Prior to 1993, this designation was not used.) The overall vigor of the plot is used when assigning a numeric value to the plot. Photographs are taken looking north and south along the transect. Prior to sampling, one of the plots is chosen as a representative plot, and a photograph of that plot is also taken. This procedure would be repeated by RivII biologists on a bi-annual basis with the next survey occurring in September or October of 1997. Salt Marsh Harvest Mouse Monitoring The trapping program at the site was designed to define the habitat utilized by salt marsh harvest mice (SMHM) and to determine potential impacts to this species and its habitat under the current management of the lagoon and the diked salt marsh. The SMHM live -trapping program that occurred in 1990 through 1995 would be repeated on a bi-annual basis with the next survey occurring in September or October of 1997. Traps would be set along the seven trap lines established in 1990. Each trap line consists of 25 or 50 traps. A total effort of 1,200 trap nights would be completed. Trap lines would be placed along the lagoon shoreline, in the diked salt marsh east of the lagoon, and in the uplands bordering -the marsh vegetation (see Figure 4 in the 1995 Spinnaker Lagoon monitoring report for the trap line locations). Sherman live traps would be placed at 20- to 30 -foot intervals along each trap line. Traps will be provisioned with polyester fiber bedding for insulation and a mixture of rolled oats, wild bird seed, and walnut meats as bait. Around the lagoon, lines 1, 2, and 3 would consist of two parallel lines of 25 traps (total of 50 traps per line). In each set of parallel lines, one of the two lines would be placed in the marsh vegetation approximately 1-2 feet from the water's edge. The second line would be placed approximately 15-20 feet from the water's edge along the border between the upland and marsh vegetation. Trap lines in the diked marsh east of the lagoon would be set as single or parallel lines of 25 or 50 traps. Trap lines would be checked within approximately one hour after sunrise each day. When harvest mice are found in a trap, they will be processed immediately in order to minimize time spent in the trap. Harvest mice that have been trapped previously during the survey will be readily identifiable by a temporary pen mark placed on their tails during measurement. All measurements and observations on captured harvest mice would be recorded on pre -formatted data sheets. Standardize_ d harvest mice identification methods established by Fisler (1965) and Shellhammer (1984) would be used to distinguish salt marsh harvest mice from western harvest mice (Reithrodontomys megalotis). RMI EXHIBIT 1 R ESOURCE MANAGEMENT INTERNATIONAL, INC. Mr. Fred Fincinti Page Four As the traps are checked each morning, all animals other than harvest mice would be released immediately, and noted on the data sheet. Traps would then be dosed so that no animals could enter the traps during the day. Traps would be re -opened in the evening beginning approximately one-half hour before sunset. All trapping activities would be coordinated with Jim Browning of the U.S. Fish and Wildlife Service in Sacramento and the California Department of Fish and Game Region 3 office in Yountville. Project Management and Report Preparation Scott Cressey would serve as project manager for this contract. As such, he would be responsible for the study team coordination with the City of San Rafael and the Homeowners Association. He would also prepare an annual report to the City of San Rafael on the results of each year's activities and attend one meeting of the existing Wetlands Advisory Committee. COST ESTIMATE The services described above would be performed over two years on a time and materials basis for a total budget of $31,100 ($28,280, plus a 10 percent contingency fee of $2,800 for responding to water quality problems or extra meetings). Excluding the contingency fee, the 1996 cost is estimated to be $7,720, and the 1997 cost is estimated to be $20,560. A summary of the 1996 and 1997 costs by task is provided below. Summary of 1996-97 Svinnaker Monitoring Costs Saltmarsh Exotic Veg. Pickleweed SMHM Proj. Mgmt. TOTAL Year Memt. Plan Monitoring Monitoring Monitoring & Revt. Prev COSTS 1996 $5,200 $520 $0 $0 $2,000 $7,720 1997 $0 $520 $1,340 $16;700 $2,000 $20,560 Totals 1996-97 $5,200 $1,040 $1,340 $16,700 $4,000 $28,280 Plus a 10 percent contingency fee of $2,820. Grand Total for two years: $31,100 Please contact me should you have questions regarding this proposal. Sincerely, S C -'l 6V-St!:y Scott Cressey Project Manager RMI EXHIBIT I R ESOURCE MANAGEMENT INTERNATIONAL, INC.