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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