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HomeMy WebLinkAboutCC Resolution 8326 (Spinnaker Lagoon Services)follows: RESOLUTION NO. 8326 A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH WESTERN ECOLOGICAL SERVICES COMPANY, INC. (WESCO) FOR ENVIRON- MENTAL MONITORING OF SPINNAKER LAGOON THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as The DIRECTOR OF PUBLIC WORKS and THE CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Western Ecological Services Company, Inc., for the purpose of performing environmental monitoring of the Spinnaker Lagoon in East San Rafael. A copy of said agreement is attached hereto and by reference made a part of this resolution, pending final review and approval by the City Attorney. 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 Tuesday, the 22nd day of January, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulry< NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEJARNE M. LEONC I, City Clerk pie L: ugh °eN3 L b Rr��J AGREEMENT FOR PROFESSIONAL SERVICES WITH WESTERN ECOLOGICAL SERVICES COMPANY INC. (WESCO) FOR MONITORING THE SPINNAKER LAGOON This Agreement is made and entered into this 22nd day of January 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, dated November 29, 1990, 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 D. TERM The terms of this Agreement shall be from the date of execution until February 28, 1993. 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 Executive Director, 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. 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 Western Ecological Services Co. Dept. of Public Works Services Company Inc. P. O. Box 151560 384 Bel Marin Keys Blvd. Suite B San Rafael, Ca. 94915-1560 Novato, Ca. 94949 AGREEMENT FOR ENVIRG ,ENTAL MONITORING SERVICES • Puya 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: JM. LEONCIN City Clerk APPROVED AS TO FORM: J 6-a - �, GARY T. RAGGHUUM City Attorney ZN RAFAEL: f. BERNARDI Director of Public Works CONSULTANT: WESTERN ECOLOGICAL SERVICES COMPANY INC. (WESCO) Attachment ( 1 ) I. Exhibit "A" - Proposal from Consultant. WESTERN ECOLOGICAL SERVICES COMPANY, INC. November 29, 1990 SPP 9001 Mr. Lloyd Strom Assistant Director Department of Public Works City of San Rafael P.O. Box 60 San Rafael, CA 94915 RECEIVED -till ;'.., 1991 PUBLIC WORKS DEPT,, CITY Of SAN RAFAEL Re: Proposal to Conduct Biological Monitoring of Spinnaker Lagoon Dear Mr. Strom: DEPT. of Pusu(' Iro •act t Ro+ie To i AGOG. Ery. _ ! TT*ft . .1 i This scope of work and cost estimate is submitted by Western Ecological Services Company, Inc. (WESCO) for conducting biological monitoring studies of Spinnaker Lagoon, part of. the Spinnaker -on -the -Bay residential development in San Rafael. The study components addressed in this letter correspond to the following Phase I monitoring program studies presented in Table C-1 of WESCO's 7 December 1989, water management plan for this development (the first bulleted item is not listed in Table C-1): • Develop landscape plan, flag planting sites, and inspect plantings for pampas grass removal area revegetation; • Monitoring first year application of Rodeo to pampas grass stumps; • Monitoring pickleweed in the diked wetland (in Table C-1, this cost is incorporated into the Rodeo application monitoring costs); • Water quality monitoring; • Salt marsh harvest mouse monitoring; • Analysis of monitoring data from the above studies, preparing an annual report of these results, and meeting attendance. The following scope of work descriptions are presented for each of the bulleted study components. Cost estimates are also provided separately for each component, along with a summary cost estimate that provides a 1st, 2nd, and 3rd year cost projection. SCOPE OF SERVICES LANDSCAPING PLAN, REVIEW AND SITE INSPECTION WESCO's biologists will develop the landscaping plan to revegetate with native vegetation those areas where pampas grass is to be eradicated. WESCO will also make an inspection of the site annually following pampas grass removal and following the implementation of the landscaping plan. EXHIBIT "A" • Page 1 of 5 384 Bel Marin Keys Boulevard 0 Suite 13 • Novato, CA 94949 • (415) BH3-6425 • FAX (415) 883-5214 WESCO Mr. Lloyd Strom November 29, 1990 Page 2 Our botanist or landscape architect will also flag the locations where shrubs are to be planted prior to each year's revegetation efforts. RODEO APPLICATION MONITORING During the first year of pampas grass removal, the pampas grass along the north shore of the lagoon (between the fences marking the boundaries of the existing Spinnaker development) will have its foliage removed, then its stump hand -sprayed with Rodeo once the rainy season is over. A WESCO botanist will be on site the day of Rodeo application to observe that proper procedures are followed. Once the foliage is removed, but several days prior to the herbicide application, WESCO botanists will establish photograph quadrats on three or four sides of the pampas grass stumps to serve as monitoring stations. At this time, each quadrat will be photographed, percent groundcover calculated, the surrounding flora described, and the average height determined for each plant species present in the quadrats. At intervals of one week, three weeks, and six weeks these same quadrats will be inspected again, photographed, and information collected as described previously. A general inspection of the entire shoreline between the property boundary fences will also be conducted during each visit to look for signs of herbicide impact. 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 so that spring and early summer nesting of black -necked stilt within this wetland are not impacted. However, the U.S. Fish and Wildlife Service and WESCO biologists believe a summer introduction of salt water is necessary to ensure the growth and vigor of pickleweed in this wetland. WESCO recommends that no salt water be introduced until after 15 August when stilt nesting should be concluded. At that time, the entire wetland should not be flooded, but introduce only enough water to create bank -full conditions for the unvegetated channels within the wetlands. Whether more than one introduction of salt water is needed between August 1 and the beginning of the rainy season will be determined by the monitoring and the decision of the Wetlands Advisory Committee. Water conditions in the basin and the flap gate will be inspected at least once a month in association with the lagoon water quality sampling. Any malfunctions to the flap gate will be reported for immediate repair. If the flap gate can not be made tamper-resistant, then it should be replaced with a screw gate of some other vandal -proof gate. Three permanent transects will be established in the basin and sampled once annually in 1990 through 1992 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, EXHIBIT "A" - Page 2 of 5 WESCO Mr. Lloyd Strom November 29, 1990 Page 3 and height. Qualitative assessments of plant vigor will also be made for all quadrats. Permanent photo record points will also be established. WATER QUALITY MONITORING The objective of the water quality monitoring program is to establish baseline data on the lagoon's salinity, dissolved oxygen, nutrient, clarity, and oil and grease levels when managed to minimize the introduction of salt water. Although the existing water pumps and tidal gates in the lagoon would not be altered during this period, trash racks and oil sorbent booms in the storm drains will be installed by the developer during the Phase I construction. Water quality monitoring will be conducted throughout three years (April 1990 -September 1992) of the Phase I monitoring period. Samples will be collected from two locations in the lagoon. The frequency of sampling will be once a month for April, May and September, and twice a month during June through August. This equates to nine samplings per year. Water samples will be collected one foot below the water surface, and each sample will be analyzed for the following: pH Salinity Dissolved Oxygen Chlorophyll g Oil and Grease Water Temperature Clarity (Secchi disc) Total Phosphorus Mosquito monitoring will occur at the time of the water quality sampling. A biologist will use an 8 -ounce white dipper to collect a sample every 100 feet around the periphery of the lagoon. The number of mosquito larvae in each dipper will be recorded and the total averaged to create that day's average mosquito count. 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. A live -trapping program will be conducted 1990 through 1992 during the early fall of each year to correspond to peak SMHM population levels. Trapping will consist of a minimum 1,000 to EXHIBIT "A" • Page 3 of 5 WEBCO Mr. Lloyd Strom November 29, 1990 Page 4 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 I Monitoring Program will be reported each July 15 as a semi- annual progress report, and each January 30 as an annual status report. The semi-annual report will present the work completed for the first six months of that year, problems encountered, and the recommended solutions to these problems. Copies of field data will be included but no conclusions will be drawn from this data. The annual report will include that year's worth of 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. At the end of three years, a Final Phase I Monitoring Report will be prepared for distribution as describe above. This latter report will include the recommended Phase II Monitoring Program. It will summarize the results of the monitoring and will be submitted first as a draft report to allow input from the Wetlands Advisory Committee. Included in the budget for this task is the time for WESCO's attendance at two meetings with the Wetlands Advisory Committee. COST ESTIMATE A time -series presentation of these costs over the three-year monitoring period is available in Table 1 (attached). Table I costs also reflect a 5% increase per year to cover inflation during this period. The resulting three-year total cost is estimated at $70,055. Please contact me if you have any questions. Sincerely, WESTERN ECOLOGICAL SERVICES COMPANY, INC. Scott Cressey Vice President SC/kt Attachment: Table I EXHIBIT "A" - Page 4 of 5 WESCO Rn H F I cz t- OSI (f 00 b O d9 V1 C -T 06 O 64 ,d Q C7 1 M § § rz b N 06 to EXHIBIT "A" • Page 5 of 5 b O cl cd w N O cu u 'b O 0 43 cc G Pk .o i O O O i M � clas O y ya'j c� ani .0 Q b b cd a A0 3 cc O v) A0'� EXHIBIT "A" • Page 5 of 5 VVFSco . 7 �4 % oo � C14 � a a ( . 7 �4 % � 0 m % 0 2 / t a ( § ` 7 �4 Cr / r'f % 0 2 / t a ( § C / 64 � C 0 .5 ( � .5 \ u 2 § u /S k / ba ƒƒ / .b 0 P� cu . - � '\ a a ' § Q / k ;