HomeMy WebLinkAboutCC Resolution 9187 (Spinnaker Lagoon Biological Monitoring)RESOLUTION NO. 9187
A RESOLUTION AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH WESCO TO CONDUCT 1994 PHASE
11 BIOLOGICAL MONITORING OF THE SPINNAKER
LAGOON
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES AS FOLLOWS:
To accept a proposal from Western Ecological Services Company, Inc.
(WESCO) entitled: "Revised Proposal to Conduct 1994 Phase 11 Biological Monitoring of
Spinnaker Lagoon (Dated July 22, 1994);" and to authorize the Director of Public Works
and the City Clerk to execute, on behalf of the City of San Rafael, an agreement based on
said proposal in a form acceptable to the City Attorney. A copy of said proposal is hereby
attached and by this 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 Council of said City on Monday, the 1st day of August, 1994, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini &
Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE NE M. LEONCINI, City Clerk
ORIGINA1 S9iX7
_EM%0__O
WESTERN ECOLOGICAL SERVICES COMPANY, INC.
July 22, 1994
18021.04
Mr. Lloyd Strom
Assistant Director of Public Works
City of San Rafael
POBox 60
San Rafael, CA 94915
RECEIVED
JUL 26 1994
�ueuc MORIcs neer.
me o��:�lnlw
Re: Revised Proposal to Conduct 1994 Phase H Biological Monitoring of Spinnaker
Lagoon
Dear Mr. Strom:
This revised scope of work and cost estimate is submitted by Western Ecological
Services Company, Inc. (WESCO) for the 2nd year (1994) of Phase H biological
monitoring studies of Spinnaker Lagoon, part of the Spinnaker -on -the -Bay residential
development in San Rafael. This proposal replaces that submitted to you dated April
20, 1994. The revisions have been made to accomadate the request to keep the 1994
monitoring budget no greater than the 1993 budget.
Please note the following summary of the reduced scope of services provided below.
Further details of scope for each component are presented in the component's
subsection within this letter.
► Monitoring pickleweed in the diked wetland (no change);
► Water quality monitoring (water sampling in July -September is reduced to
once per month);
► Salt marsh harvest mouse monitoring (no change);
► Monitoring landscaping with native plants and exotic species eradication (this
will be conducted under a separate contract and has been eliminated from this
scope of work);
► Analysis of monitoring data from the above studies, preparing an annual
report of these results, and meeting attendance (the semi-annual report and
meeting has been eliminated).
Scope of work descriptions are presented below for each of the bulleted study
components. Cost estimate summaries are provided separately for each component.
384 Be[ Marin Keys Boulevard • Suite B • Novato, CA 94949 • (415) 883-6425 • FAX (415) 883-5214
WESCO
Mr. Lloyd Strom
July 22, 1994
Page 2
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
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. Any malfunctions to the new slide -gate will be
reported for immediate repair.
The three permanent transects established in the wetland during Phase I will be
sampled once in 1994 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 will continue to be used in Phase II.
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 salinities of the lagoon
throughout the 1993 summer season appeared to be responsible for the minimal
growth of widgeon grass this past year. The 1994 data will provide us with further
insight to this situation.
Water quality monitoring will be continued through May -September of 1994 as part
of the Phase II effort. Samples will be collected from three locations in the lagoon.
The frequency of sampling will be biweekly (every two weeks) during May and June
and monthly from July through September. This equates to nine samplings per year.
This frequency will be adjusted in 1995 to once a month for May -September for a total
of five samplings per year.
WESCO
Mr. Lloyd Strom
July 22, 1994
Page 3
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)
As recommended by the Phase I final report, dissolved phosphorous and oil and
grease will be monitored only during the first two samplings of 1994 to assess initial
conditions. These two nutrient analyses will be eliminated from the 1995 scope of
services, and the cost savings applied to data evaluation and preparation of the final
Phase II report. 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 (SN HM), 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 1994 during the early fall to
correspond to peak SNI -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 SMI -IM 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 SMI -IM distribution, some measure of SNI -IM and other small mammal
relative abundance, and changes in plant species composition over time.
DATA ANALYSIS, REPORT PREPARATION, MEETING ATTENDANCE
The status of the Phase II Monitoring Program will be reported by February 28 as an
annual status report. The annual report will include a tabulation of the entire year's
data, a discussion of that data and what it indicates, and recommendations for the
following year. 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 annual report
will be submitted as both a draft and a final report to allow for incorporating
WESCO
Mr. Lloyd Strom
July 22, 1994
Page 4
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.
COST ESTIMATE
The following list summarizes the estimated 1994 cost of the various components of
the Spinnaker Lagoon monitoring to be conducted by WESCO.
Cost
► Diked wetland pickleweed monitoring (annual) $ 940
► Water quality monitoring (annual) 3,410
► Salt marsh harvest mouse monitoring (annual) 6,765
► Data analysis, report preparation, meeting
attendance (annual) 7,260
Total 1994 cost $18,375
Please contact me if you have any questions.
Sincerely,
Scott Cressey
Vice President
AGREEMENT FOR PROFESSIONAL SERVICES
WITH WESTERN ECOLOGICAL SERVICES COMPANY INC. (WESCO)
FOR MONITORING THE SPINNAKER LAGOON
This Agreement is made and entered into this 1st day of August 1994 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 of the Spinnaker Lagoon, as outlined in the
Proposal from Consultant for subject project, entitled "Revised
Proposal to Conduct 1994 Phase H Biological Monitoring of Spinnake
Lagoon," dated July 22, 1994, 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.
(5) Under the terms of this agreement the Consultant shall be
reimbursed for documented costs which have been previously
incurred as part of the overall monitoring program, provided
that the Developer has not already made such compensation.
AGREEMENT FOR ENVIRONMENTAL MONITORING SERVICES • Page 2
J3
E.
F.
G.
TERM
The terms of this Agreement shall be from the date of execution until
August 1, 1995. 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.
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.
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
Executive Director, or the Director's appointed representative.
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. NOTICE
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.
Services Company Inc.
384 Bel Marin Keys Blvd. Suite B
Novato, Ca. 94949
AGREEMENT FOR ENVIRONMENTAL MONITORING SERVICES • Page 3
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, 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:
'AANNE M*LONCINI
City Clerk
APP E FORM:
GARY T. RAGGHIANTZ
City Attorney
CI SAN RAFAEL:
n
La
AAiMr(BERNNAR&DI
Director of Public Works
CONS LTANT:
WESTERN ECOLOGICAL/
SERVICES COMPANY INC.
(WESCO)
Attachment ( 1 )
1. Exhibit "A!'- Proposal from Consultant.
WESTERN ECOLOGICAL SERVICES COMPANY, INC.
July 22, 1994
18021.04
Mr. Lloyd Strom
Assistant Director of Public Works
City of San Rafael
POBox 60
San Rafael, CA 94915
RECEIVED
JUL 2 f 1994
ruauc tAaeRs nEPr.
pmt er,e�:�
Re: Revised Proposal to Conduct 1994 Phase II Biological Monitoring of Spinnaker
Lagoon
Dear Mr. Strom:
This revised scope of work and cost estimate is submitted by Western Ecological
Services Company, Inc. (WESCO) for the 2nd year (1994) of Phase II biological
monitoring studies of Spinnaker Lagoon, part of the Spinnaker -on -the -Bay residential
development in San RafaeL This proposal replaces that submitted to you dated April
20, 1994. The revisions have been made to accomadate the request to keep the 1994
monitoring budget no greater than the 1993 budget.
Please note the following summary of the reduced scope of services provided below.
Further details of scope for each component are presented in the component's
subsection within this letter.
► Monitoring pickleweed in the diked wetland (no change);
► Water quality monitoring (water sampling in July -September is reduced to
once per month);
► Salt marsh harvest mouse monitoring (no change);
► Monitoring landscaping with native plants and exotic species eradication (this
will be conducted under a separate contract and has been eliminated from this
scope of work);
► Analysis of monitoring data from the above studies, preparing an annual
report of these results, and meeting attendance (the semi-annual report and
meeting has been eliminated).
Scope of work descriptions are presented below for each of the bulleted study
components. Cost estimate summaries are provided separately for each component.
Exhibit "A"
384 Bel Marin Kevs Boulevard - Suite B - Novato, CA 94949 - (415) 883-6425 - FAX (415) 883-5214
WESCO
Mr. Lloyd Strom
July 22, 1994
Page 2
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
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. Any malfunctions to the new slide -gate will be
reported for immediate repair.
The three permanent transects established in the wetland during Phase I will be
sampled once in 1994 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 will continue to be used in Phase II.
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 salinities of the lagoon
throughout the 1993 summer season appeared to be responsible for the minimal
growth of widgeon grass this past year. The 1994 data will provide us with further
insight to this situation
Water quality monitoring will be continued through May -September of 1994 as part
of the Phase II effort. Samples will be collected from three locations in the lagoon.
The frequency of sampling will be biweekly (every two weeks) during May and June
and monthly from July through September. This equates to nine samplings per year.
This frequency will be adjusted in 1995 to once a month for May -September for a total
of five samplings per year.
WESCO
Mr. Lloyd Strom
July 22, 1994
Page 3
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)
As recommended by the Phase I final report, dissolved phosphorous and oil and
grease will be monitored only during the first two samplings of 1994 to assess initial
conditions. These two nutrient analyses will be eliminated from the 1995 scope of
services, and the cost savings applied to data evaluation and preparation of the final
Phase Il report. 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 (SMHM), 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 will be conducted in 1994 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 SMHM and other small mammal
relative abundance, and changes in plant species composition over time.
DATA ANALYSIS, REPORT PREPARATION, MEETING ATTENDANCE
The status of the Phase II Monitoring Program will be reported by February 28 as an
annual status report. The annual report will include a tabulation of the entire year's
data, a discussion of that data and what it indicates, and recommendations for the
following year. 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 annual report
will be submitted as both a draft and a final report to allow for incorporating
WESCO
Mr. Lloyd Strom
July 22, 1994
Page 4
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.
COST ESTIMATE
The following list summarizes the estimated 1994 cost of the various components of
the Spinnaker Lagoon monitoring to be conducted by WESCO.
► Diked wetland pickleweed monitoring (annual)
► Water quality monitoring (annual)
► Salt marsh harvest mouse monitoring (annual)
► Data analysis, report preparation, meeting
attendance (annual)
Total 1994 cost
Please contact me if you have any questions.
Sincerely,
Scott Cressey
Vice President
Cost
$ 940
3,410
6,765
7,260
$I8,375