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HomeMy WebLinkAboutCC Resolution 8994 (Spinnaker Lagoon Phase II)RESOLUTION NO. 8994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH WESTERN ECOLOGICAL SERVICES COMPANY, INC. (WESCO) TO CONDUCT PHASE II 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 "Phase 11 Biological Monitoring of the Spinnaker Lagoon.", a copy of which is hereby attached and by this reference made a part of this resolution. I, JEANNE 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 2nd day of August, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Bor NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ANNE MA . LE CIIVI, City Clerk PRIGINAt 99� City of San Rafael 0 Department of Public Works AGREEMENT FOR PROFESSIONAL SERVICES WITH WESTERN ECOLOGICAL SERVICES COMPANY INC. (WESCO) TO CONDUCT PHASE II MONITORING OF THE SPINNAKER LAGOON This Agreement is made and entered into this 2nd day of August 1993 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 Phase it Biological Monitoring of the Spinnaker Lagoon." , dated May 21, 1993, 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 em- ployee 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. a 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 to until September 1994. 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. PROFESSIONAL SERVICE. AGREEMENT • Page 2 H. NOTICES Any notice required to be given by the terns 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. Inc. /WESCO Dept. of Public Works 384 Bel Marin Keys Blvd. / Suite B P. O. Box 151560 Novato, CA 94949-5638 San Rafael, Ca. 94915-1560 1 . 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 abov U. ATTEST: CI OF S N R FAE s JEAIVNE M. LEON IM AVID M. BERN City Clerk Director of Public Works APPROVED AS TO FORM: GARY T. RAGGHIANTI City Attorney Attachments ( 2 ) 1. Exhibit "A"- Proposal from Consultant. 2. Resolution. CONSULTANT: WESCO Western Ecological Sercices Co. Inc. v?.! ,�-�-� O WESTERN EC0I0GI( AL SLRVICES COMPANY, INC. May 21, 1993 18021.01 Mr. Lloyd Strom Assistant Director of Public Works City of San Rafael P O Box 60 San Rafael, CA 94915 RECEIVED MAY N 41993 PUBUC MORKS OEM Wit OF AAM RAFAE4 DEPT. OF PUBLIC MIGRI KS W Into Act Route To - Q LL Q oc z Q V) ►i O U Copy idt _ Director_ _ -- Asst. Dir office Enor- ' Park ��F1_ enic-r Fnc. (1.D; Fila Ref: File Re: Proposal to Conduct Phase H Biological Monitoring of Spinnaker Lagoon Dear Mr. Strom: This scope of work and cost estimate is submitted by Western Ecological Services Company, Inc. (WESCO) for three years 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: ► Monitoring pickleweed in the diked wetland; ► Water quality monitoring; ► Salt marsh harvest mouse monitoring; ► Monitoring landscaping with native plants and exotic species eradication; ► Analysis of monitoring data from the above studies, preparing an annual report of these results, and meeting attendance. Scope of work descriptions are presented below for each of the bulleted study components. Cost estimates are also 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 Q 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. '_ X The Marin Audubon Society has requested that the diked wetland receive no X introduction of salt water until after August 15 of each year so that spring and early U1 summer nesting of black -necked stilt within this wetland are not impacted. However, 18.1 BL'I N1.uin heyti li(1ul0'.rnl • timlr 8 • Nm,iiu. ( A • i -Il 5i tiff 1-0425 • FAX (415) 883-5!14 WESCO Mr. Lloyd Strom May 21, 1993 Page 2 it is important that sufficient irrigation of the pickleweed occur without prolonged inundation. WESCO biologists will advise the City in matters relating to the design and operation of a new slide gate to be installed in place of the existing flap gate. Water conditions in the wetland will be inspected at least 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 annually in 1993 through 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 will continue to be used in Phase 11. 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 need to raise the water level as a means of controlling widgeon grass will be determined after the 1993 monitoring season. Water quality monitoring will be continued throughout three years (May 1993 - September 1995) of the Phase H monitoring period. 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 weekly from July through September. This equates to sixteen 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 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 each year to assess initial conditions. During each water quality sampling period, water surface elevation will also be recorded based on the lagoon's staff gage reading. WESCO Mr. Lloyd Strom May 21, 1993 Page 3 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 program will be conducted 1993 through 1995 during the early fall of each year to correspond to peak SMHM 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. INSPECTION OF EXOTIC PLANT ERADICATION AND REVEGETATION Prior to any application of the herbicide Rodeo to project area plants designated for eradication, WESCO should be notified so that a staff botanist can be present to supervise the activity. The annual budget assumes two such inspections per year. To identify new growth of brome and pampas grass that will require removal or treatment with Rodeo, every six months a WESCO botanist will walk the site with a representative of the developer and/or homeowners association, and mark with spray paint those individual plants to be eradicated. Immediately following any landscaping of the property with native plants as specified by WESCO's revegetation plan, a WESCO botanist will be notified to inspect the plantings to ensure conformance. It is assumed that once a year will suffice. DATA ANALYSIS, REPORT PREPARATION, MEETING ATTENDANCE The status of the Phase II 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. No conclusions will be drawn from this data in the semi-annual 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 WESCO Mr. Lloyd Strom May 21, 1993 Page 4 appropriate. At the end of three years, a Final Phase H Monitoring Report will be prepared for distribution as describe above. This latter report will include recommendations for continuation of monitoring if necessary. 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 The following list summarizes the one-time or annual cost of the various components of the Spinnaker Lagoon monitoring to be conducted by WESCO. Detailed cost breakdowns are provided in Tables 1 through 5. Cost ► Diked wetland pickleweed monitoring (annual) $ 863 ► Water quality monitoring (annual) 2,906 ► Salt marsh harvest mouse monitoring (annual) 4,941 ► Landscaping with native plants and exotic species eradication 1,435 ► Data analysis, report preparation, meeting attendance (annual) 8,230 Total Annual 1993 and 1994 cost $18,375 Because of the need for additional time to evaluate and prepare the 1995 3 -year Final Phase H Report, plus a 5 percent increase anticipated for certain charge rates for 1995, the 1995 budget is increased by $2,000 for a total of $20,375. The total budget or the 3 -year Phase II program is $57,125.00 Please contact me if you have any questions. Sincerely, Scott Cressey Vice President Enclosures WESCO Table 1 Diked Wetland Monitoring 1993 Cost Estimate LABOR ! PERSON HOURS BY PERSONNEL Tasks: Hickson Bryant Field Data Collection 5 5 Hours 5 5 Rate $70 $60 Cost $350 $360 Total Labor Estimate $710 EXPENSES Item: I Unit Cost Cost Mileage 30 miles © $0.30 $ 9 Film/Processing 4 rolls © $25 $ 100 Copies 200 pages Q $0.12 $ 24 Subtotal Expenses Estimate $ 133 Plus 15% Administrative Fee $ 20 Total Expenses Estimate $153 Total Labor and Expenses Estimate $863 Table 2 1993 Water Quality Monitoring LABOR I PERSON:.HOTRS .BY PERSONNEL Tasks: Manning Water Sampling 28 Diked Wetland Monitoring 4 Data Management 8 Hours 40 Rate $45 Total Labor Estimate $1,800 WESCO EXPENSES Mileage 500 miles @ $0.30 $90 Copies 200 @ $0.12 24 Boat 16 days @ $25 400 Dissolved Oxygen Field 16 days @ $10 160 Measurements Lab Analysis 4 samples @ $72 288 Subtotal Expenses 962 Plus 15% Administrative Fee 144 Total Expenses Estimate 1,106 TOTAL LABOR AND EXPENSES ESTIMATE: $2,906 Table 3 Salt Marsh Harvest Mouse Monitoring 1993 Cost Estimate L41BOR.. PERSON-LJQ&K,5 Jj'Yrfttg NNEL Tasks: Vouchilas Winter Valerius Lacy Field Data Collection 30 10 15 30 Hours 30 10 15 30 Rate $65 $65 $65 $60 Cost $1,950 $650 $975 $900 Total Labor Estimate $4,475 rAPEMES Item Unit Cost Cost Mileage 500 Miles Q $0.30 $165 Trap use fee 1200 nights ® $0.20 $240 Subtotal Expenses Estimate $405 Plus 15% Administrative Fee 61 Total Expenses Estimate $466 Total Labor and Expenses Estimate I $4,941 WESCD Table 4 Monitoring Landscaping with Native Plants and Exotic Species Eradication Cost Estimate LABOR PERSON -HOURS Tasks: Hickson Field Data Collection $ 20 Hours 20 Rate $70 Cost $1,400 Total Labor Estimate $1,400 EXPENSES Item Unit Cost Cost ' Mileage 60 miles ® $0.30 $18 Copies 100 pages Q $0.12 12 Subtotal Expenses Estimate $30 Plus 15% Administrative Fee 5 Total Expenses Estimate 35 TOTAL LABOR AND EXPENSES ESTIMATE $1,435 WESCO Table 5 Data Analysis, Report Preparation, and Meeting Attendance 1993 Cost Estimate LABOR: Tasks: Project Management Meeting Attendance Water Quality Analysis Semi -Annual Report Annual Report Draft Hours Rate Cost Item Mileage Telephone Photocopies Person -Hours by Personnel Cressey Manning Vouchilas Lacy Graphics Clerical 5 10 Unit Cost 60 miles ® $0.30 1,500 ® $0.12 Subtotal Expenses Estimate Plus 15% Administrative Fee Total Expenses Estimate Total Labor and Expenses Estimate 20 4 5 20 8 5 30 10 25 70 10 $100 $45 $65 $2,500 $3,150 $650 Total Labor Estimate: $7,980 Unit Cost 60 miles ® $0.30 1,500 ® $0.12 Subtotal Expenses Estimate Plus 15% Administrative Fee Total Expenses Estimate Total Labor and Expenses Estimate Cost $18 20 180 218 32 250 $8,230 4 4 10 4 8 10 12 12 $60 $50 $40 $600 $600 $480 Cost $18 20 180 218 32 250 $8,230