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
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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('
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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
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