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Home My WebLink AboutCC Resolution 11495 (Baypoint Lagoon Retoration & Conduct Mgmt)RESOLUTION NO. 11495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM PACIFIC OPENSPACE, INC. TO CONDUCT MANAGEMENT AND RESTORATION SERVICES FOR BAYPOINT LAGOON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A SOLE SOURCE AGREEMENT FOR THESE SERVICES BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the City requires Management and Restoration Services for Baypoint Lagoon; and WHEREAS, Staff has determined that Pacific Openspace, Inc. has the past experience and qualifications necessary to provide the services required; and WHEREAS, Staff solicited a proposal from Pacific Openspace, Inc. based on their ability to provide these services; and WHEREAS, due to the scope and nature of the services, there is only one contractor that is available to meet the technical specifications and quality considerations of the services required; and WHEREAS, Pacific Openspace, Inc. is the only company capable of providing management and restoration services for Baypoint Lagoon, and accordingly, Pacific Openspace is a sole source under SRMC 11.50.090, thereby excusing the need for competitive bidding; and WHEREAS, the Contract will be approved by the City Attorney prior to being executed; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the proposal of Pacific Openspace, Inc. is hereby accepted. BE IT FURTHER RESOLVED that the Council of the City of San Rafael hereby finds Pacific Openspace, Inc. to be a sole source, and accordingly, the Council does hereby waive the competitive bidding requirements of SRMC Chapter 11.50. BE IT FURTHER RESOLVED that the Council of the City of San Rafael does hereby authorize the Director of Public Works to execute the Contract with Pacific Openspace, Inc. for these services in the form approved by the City Attorney, in an amount not to exceed $33,000.00 per year. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this Resolution. BE IT FURTHER RESOLVED that the Director of Public Works can extend this Contract on a yearly basis, provided funds are budgeted each year for the additional work. 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 the 2nd day of February, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips &Payor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAI'-*E M. LEONCINI,City Clerk File No.: 03.01.174.05 City of San Rafael . California Form of Contract Agreement for Management and Restoration Services for Baypoint Lagoon This Agreement is made and entered into this 2nd day of February 2004 by and between the City of San Rafael (hereinafter called City) and Pacific Openspace, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on Proposal labeled Exhibit "A" for the project entitled: Management and Restoration Services for Baypoint Lagoon. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within seven (7) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 365 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. (c) This contract can be extended on a yearly basis at the discretion of the City and Baypoint Homeowners Association. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500.00 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amount shown in the Proposal, Section Annual Budget, the two highest priority items. V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. AGREEMENT • 1 (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he fords the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL %`7�i fZn eanne lll. Leoncini Andrew J. PreCity Clerk Public Works D CONTRACTOR: G.......... AGREEMENT • 2 Page a OT 4 PACIFIC OPENSPACE, INC. ENVIRONMENTAL PLANNING & RESTORATION December 2, 2003 John Boland Baypoint Homeowners Association San Rafael, CA RE: Proposal for Baypoint Lagoon Management and Restoration Dear Mr. Boland: This letter describes our specific proposal for maintaining and restoring the vegetation around the Baypoint Lagoon. Yearly Cycle of Tasks The work each year takes part in four distinct phases. They are: Cleanup of vegetation (Fall) — Faeh Fall, there will be dead cattail and grass from the previous growing season. There will also be perennial weeds, such as fennel or pampas grass. This material should be cleared before the winter. Our crew will mow down the dead vegetation Dead grass will be left on the banks, where it can decompose in place. Cattail foliage can either be removed from the site, or left on the bank to decompose. Our crew will also kill perennial weeds. The method of preference is physical removal, using mattocks or shovels. We may, however, consider the use of herbicides where other methods (removal, inundation, salinity) do not work. We will only use herbicides with the prior approval of your Association and the City of San Rafael. This task is best performed in the Fall, when the water level is down, and the site is easily accessible. It can, however, take place during late Fall or Winter. As the rainy season proceeds, however, it becomes more difficult to ensure the low water levels necessary to clear the cattails. Overseeding of Groundcover (Fall) — Each Fall, we will overseed the uplands along the lagoon with a mixture of native grasses. In the first few years, when the weeds are still dominant, we will seed the entire upland. Over the coming years, as natives begin to dominate the site, we will restrict the seeding to the weedy sites. Plant Installation (Winter) — Our crew will install herbaceous perennials and low growing shrubs on the uplands and along the banks of the lagoon. The purposes of the plant installation are: • Wildlife habitat — some plants will provide cover for birds. Others may provide PO BOX 744, PETALUMA, CA 94953. 707.769.1219. FAX 707.769,1230 rage .5 or 4 foliage for food. May plants, particularly the herbaceous perennials, have flowers that are beneficial for pollinators and hummingbirds. • Competition with weeds —Some weeds, particularly fennel and pampas grass, occupy sites that are appropriate to shrubs and perennials. Installation of natives at these sites achieves the purpose of denying these weeds a growing site. We will also plant Jaumea and other wetland plants along the edge of the lagoon, so that they grow in locations formerly occupied by cattail. • Aesthetic landscaping—The native shrubs and perennials improve the appearance of the site, and give it finished, maintained appearance. They also help direct attention to the improvements in the landscape, and away from the remaining weeds. Weed Control (Late winter - Spring) — Our crew will mow the groundcover two times during the spring to control the weeds. The purposes of the mowing are: • Prevent weeds from growing large enough to suppressor kill native plants • Prevent accumulation of weed foliage • Prevent weed seed production Priority of Tasks Funds for maintaining the lagoon may be limited on any given year. It is necessary to create a priority list, to ensure that the most vital tasks are performed every year, while the beneficial, but non-critical tasks are performed as funds are available. My suggested priority list is: 1. Cleanup of Vegetation (Fall) 2. Weed Control (Spring), 3. overseedingof Groundcover (Fall) 4. Plant Installation (Winter) Plant List The majority of plants we introduce will be low growing shrubs and herbaceous perennials. Some of the plants we propose to install are: Shrubs Baceharis pilularis Csanothus spp. Hetervmeks arbutifolia Rhamnus calrfbmica Herbaceous Perennials Aehillea milIefolium Aster dulense Grindelia stricta Iris douglasiana jaumea canwsa Rubes epeetabills Rubus ursinus Scrophularia californica Grasses; Rushes, and Sedges Coyote Brush (prostrate varieties) Ceanothus (low to prostrate varieties) Toyon Coffeeberry Yarrow Aster Gum Plant Douglas Iris Jaumea Salmonberry Wild Blackberry Bee Plant PO BOX 744, PETAL,UMA, CA 94953 • 707.769.1213. FAX 707.769.1230 Bromw caHndus Carex barbarae F3eorharis macrostaehya Plymus glaucus Festuoi rubra Juncus balticus Juntas patens juncus phmeephalus UP= Htimides Leymus tianmupemmis Nassau pulchm Scirpus rvbustus Annual Budget Our estimated costs for the various tasks are. California Brame Whiteroot Sedge Spike-rush Blue Wildrye Red Fescue Baltic Rush Blue Rush Brown -headed Rush Creeping Wildrye Creeping Wildrye Purple Needlegrass Alkali Bulrush Cleanup of Vegetation 9,498.00 Overseeding of Groundcover x.057.00 Plant Installation 4,807.00 Weed Control 1 "97 nn $ 29,359.00 For the first year (2003), our crew will require about one week to perform the Fall cleanup. In future years, as weeds become better controlled, this item will decrease. It is too late to overseed the groundcover this year. I recommend we defer this item to next year's budget. The cost for this item asaumee our staff will need to come on a separate occasion to spread the seed. If the seeding takes. place concurrently with the Fall cleanup, the price for Seeding will decrease. The two highest priority items are: Cleanup of Vegetation 07all) 9,498.00 Weed Control (Sprit/ 13 797 nn S 22795.00 We look forward to workingwith you and the Baypoint Lagoons Homeowners Association. Sincerely, Dave Kaplow PO BOX 744, PFTALLJMA, CA 94953 • 707.769.1213. FAX 707.769.1230 FEB -12-04 THU 10:23 AM DON RAMATICI INS FAX N0, 7077Q29300 P. 01 DON RAMATICr INSURANCE, INC 731 A S(wtlipoint Blvd. P.O. Box 551 Petaluma, CA 94953 (707) 782-9200 Fax: (707) 782-9300 www.rainaticiins,com FAX COVER SHEET 'rO: ATTENTION: Attn, Steve 7eiger COMPANY: City of San Rafael Ri?: Paci Fc Open -Space, Inc. Certificate of Ins Additional Insured Endorsement FAX N[TM13F,R: (415) 485-3334 DATE,: Febmary 12, 2004 Fk0m: Dixie King for SF?NDER; Chris Weber COMPANY: Don Ramatici Insurance, Inc. TZAX NUMBER., 707-782-9300 PI•IONE NCTMBER: 707-782-9200 NUMBER OF PAGES: 5 (including Fax Cover Sheet) COMMENTS: Hard copy in the mail today Q�Q , FEB -12-04 THU 10:24 AM DON RAMATICI INS FAX N0, 7077a99300 P. 02 ACORp CERTIFICAI E OF LIABILITY INSURANCE SIAOSPUR5 DATE " 02/12 04) PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF I FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE pori Ramatici xnvuxance, Inc. HOLDER, THIS CERTIFICATI= DOES NOTAMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Petaluma CA 94953 Pho'ag1707-782-9200 Pax:707-782-9300 INSURERS AFFORDING COVERAGE NAIC# INSUNFD -- -- ------ — y�` INSURERA Val1Ax I118uxa2Tae COmblanx INSURER D: Pacific Open -Space, Inc. INSURERC: P' 0 , Box 744 INSURER D: Petaluma CA 94952 „ ............. ......_._. ,_, _. INSURER E: COVERAGES THD POLICIES OF INSURANCE Ll,-,Tr.D RFLOW HAVE RFFN 16SUF.D TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAI ED. NOTWITHSTANDING ANY REQUIRfMr•NT, TERM OR GQNOrr10N OF ANY CONTRACTOR OTHER DOCUMLNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PLIW AIN. YHr: INSURANCE A110r,=D BY THC POLICIES DESCRIBED HIZREIN IS SUIIJFCTTO ALL T14F TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGRrGATE LIMITS fil IOWN MAY HAVF DFF.N REDUCFO BY PAID CLAIMS. INSR ADDI pbLJCY EFFECTIVE POLICY EXPIRATION I LTR INSRri TYPE OF INSUNANCF. POLICY NUMBER DATE (MWDDIYYI DATE (MMIDDIM LIMITS GENERAL LIABILITY EACH OCCURRENCE I S 1, 0 0 0, 0 0 0 DAMAGE' TO HENIED "— — IL X X COMMERCIAL GENERAL LIABILITY 4102CP017325 08/31/03 08/31/04 �PREMISC-SM3=urance) S _10.0,000 _ -- CLAIMS MAOF. u OCCUR MED EXP (Any one person) 1 S , 000 PERSONAL b AUV INJURY S 11 0 0 0 O O Q __.._. I—— --- _— _ GFNFAAL.AGGRF,GATF. $2,000,000 OCN'LAOORCGATCUMITAPPL_IESPER: PRODUCYS-COMr/OPAGG S 2,000, 000 FOI ICY I F�r,�p 1 LOC AUTOMOBILE LIABILITY A X ANY AUTO 410 2 CIP017 3 2 5 ALL OWNED AUTOS _ GCI Ir(jtgI'DAUTOS I'IIAr D AUTOS NON OW NEL)AU I OS GARACIE I IARIL ITY ANY AUTO rXCCs:rUMDRCLLA LIABILITY ^ 1 OCCUR E] CLANS MADE OEDUC I IBLE RGTCNTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROr'I IIL'TOIVrARTNrrvrxrCUT'VE OrFICCR/MCMOrR EXCt UOFDT If vyee, 0N.CmWr Wllnr ,- IAI. PROVISIONS ho ow OTI ICR COMNNFDSINGLELIMIT 31,000,000 08/31/03 08/3 ./04 (Enaed ent) — - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Operationp of the Named Insured for the Certificate Rvlder *10 bays Notice will be sent on non payment of premium Jobs Xonagement & Restoration services for Baypoint Lagoon **See Attached 30CG2010 3/97 DODILY INJURY 1 (Pcrpcmn) BODILY INJURY S (Per axldenl) PROPERIYDAMAGE I S (Pnr�tndenq AUT_OONLY-EAACCIDCNT 11 OrHERYHAN EAACC S - — AUTO ONLY: AcG S 1EACH OCCURRENCE_ S 1AGGRCGATE ITRYSLIMITS E L. EACH ACCIDENT E.L. DISEASE • EA EMPLOYEEI S E.L. DISEASE • POLICY LIMIT 15 ' .. I r CERTIFICATE HOLDER CANCELLATION CITYSA6 SHOULD ANY Or TNC ADOVC DCSCRIDCD POLICICS HE CANCELLED BEFOkETHE Ex(gRAr10N DATE THERFOF, THF. ISSUING INSURER WILL ENDEAVOR TO AWL 30* DAYS WRITTEN City of San Rafael** NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 50 SHALL Department of Public Works IMPOSE NO OBLIGATION OR LIABILITY OF ANY 1013UPON THt INSURER, ITS AGENTS OR P.O, box 151560 REPRESENTATIVES. Sari Rafael CA 94915-1560 AU 12ED ' RF.SE E ACORD 25 (2001108) CORPORATION 1908 FEB -12-04 THU 10:24 AM DON RAMATICI INS FAX NO. 7077Q99300 P, 03 City of San Rafael, its' Officers, Ageata, and Employees and aaypoiht Lagoon Romeowneto Association are included as Additional Insured. FEB -12-04 THU 10:25 AM DON RAMATICI INS FAX NO. 7077099300 P. 04 POLICY NUMBER: 4102CP017325 INSURED: Pacific Open -Space, Inc. COMMERCIAL GENERAL L1AB1LUY CG 2010 03 97 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN RAFAEL* DEPT OF PUBLIC WORKS P. 0, BOX 151560 SAN RAFAEL, CA 94915-1560 *City of San Rafael, its' Officers, Agents, and Employees and Baypoint Lagoon Homeowners Assn are included as Additional Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 03 97 Copyright, Insurance Services Office, Inc. 1996 FEB -12-04 THU 10:25 AM DOF RAMATICI INS FAX NO, 7077"''9300 P. 05 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUNDICERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02-12-2004 GROUP: 000641 0006 L 2003 CZRTIFICATE ID: 70 CERTIFICATE EXPIRES: 10.01-2004 10-01-2003/10-01-2004 CITY of SAN RAFAIEL DEPT OF PUBLIC WORKS V. 01 BOX 151560 SAN RAFAEL CA 94915-1560 JOB: MANF►CEMENT & RESTORATION SER,VXCES FOR BAYPOINT LAGOON OP1,RATIONS OF 'l'At; NAMS'D INSURED This is tQ certify that We have issued a valid Worker's Compensation insurance policy In a form approved by the Calirornia Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to Its normal expiration. This certificate or insurance is not an Insurance policy and docs not amend, extend or alter the coverage afforded by the policies listed heroin. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued Or may pertain, the insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions, of such policies. �64� Alin IORI2ro REPRGGCNTATIVE Pnf.810EN r EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE, ENDORSEMLNT 111600 — DAVID KAPLOW, PRESIDENT SECRETARY — EXCLUDED, ENDORSEMENT #1600 — ROANNE KAPLOW, CEO — EXCLUDED. ENi]ORSEMENT #2065 iENTITLi:D CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. 6 a f- FMi'LOYM PACIFIC OPEN SPACE, INC PO BOX 744 PETALTIMA CA 94953 r I KNINC ED. OT -t2 -PW I CIr 1o7l;2F. Ar" II ee aeIh we only I you ice a feud wulnnmdi ihA mu& 8OMCIAL STATC FUND DOCUMCNT' PAGE i OF 1