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,
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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