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HomeMy WebLinkAboutCC Resolution 9526 (Spinnaker Lagoon Monitoring)RESOLUTION NO. 95266, A RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH WESTERN ECOLOGICAL SERVICES COMPANY, INC. (WESCO) TO CONDUCT 1995 PHASE H MONITORING OF THE SPINNAKER LAGOON. The City Council of the City of San Rafael Resolves as follows: The Director of Public Works and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, an agreement with Western Ecological Services Company Inc. (WESCO) to conduct "1995 Phase II Biological Monitoring of the Spinnaker Lagoon,"a copy of which is hereby attached and by the reference made a part of this resolution. 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 City Council held on Monday, the 18'' day of December, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCIILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA)ZM LEONC , City Clerk ORIGINAL 0.sI'll, " City of San Rafael, Department of Public Works AGREEMENT FOR PROFESSIONAL SERVICES WITH WESTERN ECOLOGICAL SERVICES COMPANY INC. (WESCO) TO CONDUCT PHASE H MONITORING OF THE SPINNAKER LAGOON This Agreement is made and entered into this 18`h day of December, 1995, by and between the City of San Rafael (hereinafter called City) and Western Ecological Services Company Inc./WESCO (hereinafter called Consultant). A. SCOPE OF WORK In accordance with this Agreement, the Consultant agrees to provide professional services as an Environmental Consultant to perform biological monitoring services, as outlined in the Proposal from Consultant entitled "Proposal to Conduct 1995 Phase II Biological Monitoring of the Spinnaker Lagoon" dated, March 14, 1995, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The Consultant agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A". B. INDEPENDENT CONTRACTOR It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume an obligation for or on behalf of the City. C. PAYMENT For the payments specified herein, which the City agrees to make, the Consultant will undertake the above noted work. Payment for Professional Engineering services will be made as follows: 1. The Consultant shall receive payment on a time and material basis for services rendered in accordance with the rates shown on his current fee schedule, set out in Exhibit "A". 2. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "A," without prior authorization by the City. 3. Consultant's professional service fees shall be invoiced on a monthly basis. 4. Payments made by the City shall be made within 15 days of receipt of invoice. D. TERMS The terms of this Agreement shall be from the date of execution until June, 1996. Either party may terminate this Agreement by giving other party thirty (30) days written notice. In the event of termination, City shall pay Consultant all sums then due and unpaid as of the date of receipt of notice. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. All completed reports and other documents and materials described in Exhibit "A" shall become the property of the City. E. ARBITRATION All claims or disputes between the City and the Consultant relating to this Agreement shall be decided by arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. F. ALTERATIONS This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement, and shall be executed by both parties. Amendments to Exhibit "A', may be made by mutual agreement, in writing, signed by Consultant and the Director of Public Works, or the Director's appointed representative. G. ASSIGNMENT No assignment of this Agreement, either in whole or in part, shall be made by Consultant without the prior written consent of City. H. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: City of San Rafael Dept. of Public Works P.O. Box 151560 San Rafael, CA 94915-1560 Western Ecological Services Co. Inc./WESCO 384 Bel Marin Keys Blvd./Suite B Novato, CA 94949-5638 I. INSURANCE During the term of this Agreement, Consultant shall maintain: comprehensive general liability insurance with a combined single limit of not less than $1,000,000 for bodily or personal injury or property damage as the result of any single occurrence; Consultant shall also maintain professional liability insurance with a limit of liability of not less than $500,000 per claim, and in the aggregate. City shall be added as a named insured on the general and comprehensive general liability insurance. Prior to beginning work under this Agreement, Consultant shall provide the City with evidence that the insurance described above is in place. J. INDEMNITY Consultant shall indemnify, defend and hold the City harmless from and against liability arising from Consultant's negligent acts, errors, or omissions in performance of the work, -2- or for willful or intentional misconduct relating to activities carried out pursuant to or in connection with this Agreement. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: COF S N RAFAE M. LEO CINI�� DAVID M. BE ARDI City Clerk City Attorney Attachments (2) 1. Exhibit "A"- Proposal from Consultant 2. Resolution Director of Public Works WESCO Western Ecological Services Co. Inc. 50 March 14, 1995 98000.53 Mr. Andy Preston Department of Public Works City of San Rafael P O Box 60 San Rafael, CA 94915 EXHIBIT A Re: Proposal to Conduct 1995 Phase II Biological Monitoring of Spinnaker Lagoon and Prepare the Phase H Program Final Report Dear Mr. Preston: This scope of work and cost estimate is submitted by Western Ecological Services Company, Inc. (WESCO) for the 3rd and final year (1995) of Phase II biological monitoring studies of Spinnaker Lagoon, part of the Spinnaker -on -the -Bay residential development in San Rafael. The following study components are addressed in this letter and correspond to the recommendations of the May 1993, Phase I monitoring program final report, but are adjusted- to reflect monetary concerns expressed last year by the Homeowners Association (see last year's revised proposal dated July 22, 1994). ► Monitoring pickleweed in the diked wetland; ► Water quality monitoring; ► Salt marsh harvest mouse monitoring; ► Analysis of 1993-95 monitoring data from the above studies, preparing a comprehensive report of these results, and meeting attendance. Although we will need to budget more time for data evaluation because this final report will incorporate all 3 years of data collected during the Phase H effort, the elimination of unnecessary laboratory analyses has helped to avoid a significant budget increase. Scope of work descriptions are presented below for each of the bulleted study components. Cost estimate summaries are provided separately for each component. SCOPE OF SERVICES Diked Wetland Pickleweed Monitoring The pickleweed and other marsh vegetation in the diked wetland east of the lagoon suffers from reduced vigor, growth, and species diversity apparently as a result of prolonged flooding. The flooding results from subsidence of the basin and the malfunctioning flap gate which drains the basin. Vandalism, siltation, improper 384 Bel Marin Keys Boulevard • Suite B • Novato, CA 94949 • (415) 883-6425 • FAX (415) 883-5214 WESCO Mr. Andy Preston March 14, 1995 Page 2 construction, and several other conditions have been cited as reasons for the malfunction. The Marin Audubon Society has requested that the diked wetland receive no introduction of salt water until after August 15 of each year so that spring and early summer nesting of black -necked stilt within this wetland are not impacted. However, it is important that sufficient irrigation of the pickleweed occur without prolonged inundation. Water conditions in the wetland will be inspected once a month in association with the lagoon water quality sampling. The long-awaited slide gate will be installed and functioning through most of this period. The three permanent transects established in the wetland during Phase I will be sampled once in 1995 during the early fall to assess vegetation response. Twenty points (meter square quadrats) along each transect will be randomly selected and sampled for species composition, cover, and height. Qualitative assessments of plant vigor will also be made for all quadrats. Permanent photo record points were established during Phase I, and have also been used in Phase Il. Water Quality Monitoring The objective of the water quality monitoring program is to establish baseline data on the lagoon's salinity, dissolved oxygen, clarity, and oil and grease levels when managed to minimize the introduction of salt water. A primary concern is controlling the growth of widgeon grass in the lagoon. The low salinity levels of the lagoon throughout the 1993 and 1994 summer season appeared to be responsible for the minimal growth of widgeon grass these past years. The 1995 data will provide us with further insight to this situation. Water quality monitoring will be once a month, May through September of 1995 as part of the Phase H effort. Samples will be collected from three locations in the lagoon. This equates to five samplings for 1995 and is a reduction from previous years, but is felt to be adequate considering the database we've developed from 5 years of monitoring. Water samples will be collected one foot below the water surface, and each sample will be analyzed for the following: pH Salinity Dissolved Oxygen Water Temperature Clarity (Secchi disc) WESCO Mr. Andy Preston March 14, 1995 Page 3 As recommended in the Phase II annual report for 1994, dissolved phosphorous and oil and grease will not be monitored. During each water quality sampling period, water surface elevation will also be recorded based on the lagoon's staff gage reading. Salt Marsh Harvest Mouse Monitoring The objective of monitoring this species is to better define the habitat now utilized by the salt marsh harvest mouse (SMHIVI), and to determine what impacts to the SMHM and its habitat might occur if the lagoon is managed to the degree possible as a freshwater habitat. Concerns include a reduction of pickleweed habitat and increased competition from rats and common species of mice. The live -trapping program will be conducted in 1995 during the early fall to correspond to peak SMI -IM population levels. Trapping will consist of a minimum 1,000 to 1,200 total trap -nights. Trapping will be conducted over a four-day period. Traplines (of various lengths and number of traps) will be located throughout the area so that the variety of cover types present in the area are sampled. The traplines will also be located in a manner that will provide information of SMHM distribution throughout the entire lagoon periphery and diked wetland. Plant cover data (height, density, species composition, etc.) will also be recorded on standard forms for each trap site. Trap sites will also be staked and accurately plotted, so that each can be relocated in subsequent years. This information will allow assessment of SMHM distribution, some measure of SMI -IM and other small mammal relative abundance, and changes in plant species composition over time. Data Analysis, Report Preparation, Meeting Attendance A draft report will be prepared that evaluates the results of the 1993-95 database with comparisons with the Phase I database. The draft Phase H Program Report will be submitted by February 28, 1996. Fifteen bound copies of each report will be sent to the City's Department of Public Works for distribution to the members of the Wetlands Advisory Committee and other interested parties as appropriate. The report will be submitted as both a draft and a final report to allow for incorporating comments on the draft. Included in the budget for this task is the time for WESCO's attendance at one meeting with the Wetlands Advisory Committee, and $300 for responding to on-call services. WESCO Mr. Andy Preston March 14, 1995 Page 4 Cost Estimate The following list summarizes the estimated 1995 cost of the various components of the Spinnaker Lagoon monitoring to be conducted by WESCO. ► Diked wetland pickleweed monitoring (annual) $ 950 ► Water quality monitoring (annual) 1,760 ► Salt marsh harvest mouse monitoring (annual) 6,765 ► Data analysis, report preparation, meeting attendance (annual) 8,900 Total 1995 cost $18,375 We are prepared to proceed with the services described upon receipt of a signed copy of the accompanying two-page agreement or upon receipt of a faxed copy of the signed signature page. Please contact me if you have any questions. Sincerely, /6! c�r�� Scott Cressey Project Manager WESTERN ECOLOGICAL SERVICES COMPANY, INC. Professional Services Agreement 384 Bel Marin Keys Boulevard, Suite B Novato, California 94949 415-883-6425 This is an agreement for Western Ecological Services Company, Inc. (WESCO) to provide professional and related services to: Client Citv of San Rafael, Department of Public Works Address P.O. Box 60 City San Rafael State CA Zip 94915 I - Scope of Services The Services to be provided are as follows: ► Monitoring pickleweed in the diked wetland; ► Water quality monitoring; ► Salt marsh harvest mouse monitoring; ► Analysis of 1993-95 monitoring data from the above studies, preparing a comprehensive report of these results, and meeting attendance. II - Fees for Services WESCO proposes to perform the services described in this proposal on a time -and -materials basis for a total estimated fee of $18,375. The basis of this estimate is shown in the attached labor and expenses estimate table. Our proposed fee is for the herein -described services only. Any additonal services requested by Client, such as attendance at additional meetings, will be considered "extra services" and will be billed at rates currently in effect at the time services are performed. Extra services will not be performed without verbal and/or written consent. The labor rates shall be adjusted each year, commencing January 1, 1996, to reflect the change in rates officially established by the WESCO Board of Directors. Reproduction, printing, communications, computer services, graphics, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by the WESCO Board of Directors. All travel, food, lodging, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Automobile mileage shall be billed at $.25 per mile. Client shall reimburse WESCO for any applicable sales tax imposed on services rendered by WESCO to Client. III - Liability WESCO agrees to indemnify and hold Client harmless from and against any and all claims, demands, damages, or expenses for which WESCO is determined to be legally liable resulting from negligent acts, errors, or omissions by WESCO in the performance of services required of it pursuant to this agreement. Claims, demands, damages, or expenses resulting from the negligent acts, errors, or omissions, whether active or passive, by Client, its officers, agents, employees, representatives, or by others are excluded from WESCO's obligation pursuant to this section. The obligations of WESCO to indemnify and hold Client harmless for services performed hereunder shall be expressly limited to the proceeds of its applicable insurance coverage, and shall terminate one (1) year after termination of this Agreement. WESCO shall not be liable for incidental or consequential damages. Nothing in this Agreement shall be construed to create a duty to, any standard of care with reference to, or any liability to any person not a party to this Agreement. WESCO shall not be liable to third parties or others not a party to this Agreement unless such potential liability is expressly recognized and agreed to in this Agreement. Client agrees to indemnify and hold WESCO harmless from and against any and all claims, demands, damages, or expenses for which Client is determined to be legally liable resulting from negligent acts, errors, or omissions by Client. Claims, demands, damages, or expenses resulting from the negligent acts, errors, or omissions, whether active or passive, of WESCO, its officers, agents, employees, representatives, or by others are excluded from Client's obligation pursuant to this section. IV - Termination Either party may terminate this agreement by rendering written notice duly posted to the other party at the address noted herein, thirty (30) days prior to the desired termination date. Client shall pay for all fees and expenses incurred prior to the termination date. V - Billing and Payment WESCO shall submit a monthly statement to Client setting forth the amount due for services and itemizing amounts due for expenses. Client shall pay the full amount of such statement within thirty (30) days after receipt. Client agrees that any sums billed, not disputed in written form setting forth specific exceptions and unpaid after thirty (30) days from the date of receipt, shall be subject to a late payment charge of one and one-half (1-1h) percent for each month or fraction thereof past due. VI - Attorney's Fees Should services of an attorney be required in connection with enforcement or performance of this agreement, the prevailing party shall be entitled to its attorney's fees, expenses, and costs. VII - Agreement and Parties The parties agree that all changes or modifications hereto shall be in writing and signed by both parties. This agreement is in lieu of all others expressed or implied. / Client W SCO, Inc. Date Date