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Home My WebLink AboutPW Spinnaker Point East Lagoon Conceptual Enhancement StudyDepartment: Public Works Agenda Item No: 3.d Meeting Date: January 20, 2015 Prepared by: Manager Approva�V"01 Director of Public Works File No.: 08.07.16 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM SIEGEL ENVIRONMENTAL TO PREPARE A CONCEPTUAL ENHANCEMENT ALTERNATIVES DEVELOPMENT STUDY FOR THE SPINNAKER POINT EAST LAGOON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $35,485. RECOMMENDATION: Adopt Resolution BACKGROUND: Properties in the Spinnaker Point area of San Rafael, located on the east end of Canal Street, were initially developed in the 1960's. A further subdivision of adjoining communities, such as Bay Point Lagoon located at the end of Bellam Boulevard, was developed in the 1990's. The initial development of these properties included a pond area and a pumping system to circulate the brackish water several times a year. The original subdivision also included a remainder property which has a pond located east of the Spinnaker Point Development. This easterly pond, still owned by the original subdivider, has become a concern to the community. The easterly pond accumulates storm water during the rainy season, which evaporates during the warmer months of the year. Circulation of bay water in this easterly pond is limited by the size of an existing culvert to the bay. This lack of adequate water circulation results in an odor in the warmer months of the year. The Department of Public Works has been in contact with the property owner to address the smell problem. Residents of Baypoint Lagoon and Spinnaker Point have voiced their concerns to the City Council in the past regarding the smell and health issues generated by the easterly pond smell. The Baypoint Homeowner's Association representative contacted the Public Works Department and expressed their willingness to address this problem utilizing Assessment District funds. In an effort to address this issue during the rainy season when the smell is not present, the Department of Public Works solicited a proposal from Siegel Environmental to prepare a report to develop conceptual level design schematics, preliminary cost estimates, long term operation and maintenance requirements and investigate regulatory requirements for maintaining the easterly as a functioning pond area. FOR CITY CLERK ONLY File No., Council Meeting: I 1,Z CIAO Disposition: Ptsoi-br icy,o pt SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The original subdivider and owner of the easterly pond do not object to the City's consultant studying options for improving the water circulation in this area; FISCAL IMPACT: Baypoint Lagoon currently has an Assessment District (Fund 4235) which is utilized to provide maintenance for the existing pond system but does not include the easterly pond. The Department of Public Works has been in contact with the Baypoint Lagoon Homeowner's Association which has offered to fiscally support the study of the easterly pond and supports the scope of the study. Funding Source Amount Note(s) Baypoint Lagoon Assessment District (Fund #235) $35,485 May be used for studies Total Available Funds $35,485 Expenses Category -Eden Expense Code Amount Note(s) Design -0 1 $35,485 Seigel Environmental Total Expenses $35,485 102—alWo 1. Authorize the Public Works Director to enter into a professional service contract with Siegel Environmental to perform a study of the easterly pond. 2. The Council may choose to not authorize the Director of Public Works to enter into a Professional Services Agreement with Siegel Environmental, Doing so will result in the postponement of the study and possible solutions to the nuisance pond. ACTION REQUIRED: Adopt the resolution authorizing the Public Works Director to enter into a Professional Services Agreement with Siegel Environmental. Enclosures Resolution Exhibit A Exhibit B RESOLUTION NO. 13867 A RESOLUTION ACCEPTING A PROPOSAL FROM SIEGEL ENVIRONMENTAL TO PREPARE A CONCEPTUAL ENHANCEMENT ALTERNATWES DEVELOPMENT STUDY FOR THE SPINNAKER POINT EAST LAGOON AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SIEGEL ENVIRONMENTAL IN THE AMOUNT NOT TO EXCEED $35,485 WHEREAS, the San Rafael City Council has received complaints from community residents that the easterly pond of the Baypoint Lagoon area presents a smell nuisance to the community during the warmer months of the year; and WHEREAS, the Department of Public Works has received a proposal from Siegel Environmental to study the easterly pond; and WHEREAS, the Baypoint Lagoon Assessment District has no objection to funding the study; and WHEREAS, the Department of Public Works received a proposal from Siegel Environmental to prepare a report to include conceptual designs, preliminary estimates, long term operational and maintenance requirements and assessment of regulatory requirements for the easterly pond near Baypoint Lagoon in an amount not to exceed $35,485 (technical proposal attached as Exhibit A); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: I. The Professional Scope of Services for Siegel Environmental, as attached hereto, is accepted. 2. Council does hereby authorize the Public Works Director to enter into a Professional Services Agreement with Siegel Environmental for professional services listed in Exhibit "A", in a form approved by the City Attorney and in the amount not to exceed $35,485. 3. 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 1, ESTHER C.BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted as a regular meeting of the Council of said City on the 20'h day of January, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSCENT: COUNCILMEMBERs: None df,- , ESTHER C. BEIRNE, City Clerk File No.: 08.07.16 EXHIBIT A Siegel Environmental Proposed Scope of Work and Budget Conceptual Enhancement Alternatives Development Spinnaker Point East lagoon January 5, 2015 Introduction The City of San Rafael (the City) has requested that Siegel Environmental assist the City in developing a suite of conceptual enhancement and management options and an initial feasibility assessment for the. Spinnaker Point East Lagoon. The initial goals for the property, to be refined as the project develops, are to address recurring odor issues, avoid return to prior dust issues, preserve existing salt marsh harvest mouse habitat, enhance ecological functions to the extent possible, incorporate sea level rise resiliency if possible, and establish viable long- term management strategies. Scope of Work This scope of work includes the following tasks: • Task 1: Prepare Conceptual Enhancement and Management Alternatives Report • Task 2: Communication and Outreach Report The purpose of this task is to develop concept -level enhancement and management options for the'East Lagoon thM meet needs of the City, nearby residents, the landowner, and other Interested stakeholders, and to conduct an initial feasibility assessment of those options in regards to costs and regulatory compliance needs. At the outset, we assume three alternatives will be developed and assessed. Each alternative would be aimed at distinct outcomes for the property. Initial ideas for these alternatives 2 Belle Avenue, San Rafael, CA 94901 415.299.8746 - www.swampthing.org Spinnaker Point East Lagoon Conceptual Alternatives Development Proposed Scope of Work and Budget, January 2015 include a "minimum intervention" approach that focuses on resolving odors with the simplest strategies, a "managed lagoon" approach that incorporates greater ecological outcomes and would likely have more involved design and long-term management elements, and a "full restoration" approach that would convert the property to full tidal action with hopefully less long-term active management needs. The deliverables from this task are an Administrative Draft and Draft Conceptual Alternatives and Initial Feasibility Assessment Report. The Draft Report would provide opportunity for public and stakeholder input. Preparation of a final report, not covered under this Scope of Work, would occur subsequent to further City consideration and would be prepared only if the City elects to move forward with the project. The report will include the following information: • Description of site history and existing conditions • Goals and objectives • Conceptual -level design schematics, descriptions, and preliminary cost estimates for further site investigations to support engineering design (e.g., geotechnical conditions) and construction • Long-term operations and maintenance requirements and preliminary cost estimates • Assessment of regulatory requirements (permits, CEQA) for the various enhancement alternatives Existing Background llnfor=ition Review We will review available sources of information to document the existing conditions on the project site and the history of site development and management. In previous discussions, the City identified the following documents that the City can provide and we assume the City will review its files and provide any additional information it identifies: 1) Environmental Impact Report for Spinnaker Point (April 1984) 2) Water Management Plan for the Lagoon at Spinnaker on the Bay (December 1989) 3) Final Spinnaker Lagoon Management Plan Phase 11 Monitoring Summation (December 1996) 4) Final Spinnaker Lagoon Management Plan Phase 11 Monitoring Summation (June 1997) 5) Memo from Paul•Jensen (Summary) (October 29, 2012) In addition to reviewing the above listed reference materials provided by the City, we will conduct an historical aerial photograph inventory of the project site at the Pacific Aerial Surveys library in'Emeryville, CA, to determine the pre -development condition of the site, timing of ----------- ------------------------------------------------------------------------------------------------ . ............ .............. Proposed Scope and gudget_Spinnaker Feas Assrnt_14006L2015-0105sws.docx -2- Spinnaker Point East Lagoon Conceptual Alternatives Development Proposed Scope of Work and Budget, January 2015 original development, and general site evolution over time. This search will involve a visit to the Pacific Aerial Surveys library to review the image inventory for the project site, and purchase of up to four historic photographs In digital format, The focus of the air photo review will be on early ecological setting, changes that took place around the time of the housing developments, and changes to the extent of salt marsh harvest mouse habitat. Field Data Collection Additional site-specific field data will need to be collected in order to understand existing site conditions and develop the -conceptual restoration alternatives. Prior to performing any fieldwork/data collection, Siegel Environmental will prepare a brief Data Collection Plan to provide the City with information on the work that we will be performing and the general fieldwork schedule. The City can use this memorandum to obtain the right -of -entry authorization from the landowner. Site Topoltraphy Elevation data will be collected along the following locations (Figure 1): • Interior and exterior berms and within the interior of the lagoon • The two small adjacent lagoons • The West Lagoon • Inverts and soffits of existing water control infrastructure. These data will inform existing tidal flood protection levels provided by the exterior Bay Trail berm, potential upgrade needs to interior berms to maintain or improve tidal flood protection, and lagoon enhancement potential. The topographic surveys will require one field day by two Siegel Environmental Staff members. The surveys will be performed using a survey -grade Real - Time Kinematic (RTK) Global Positioning System (GPS). The survey will be referenced to the North American Vertical Datum of 1988 (NAVD88) by tying to local National Geodetic Service (NGS), or City of San Rafael benchmarks. Soft soils are assumed in the lagoon interiors so Siegel Environmental will plan to utilize a kayak or canoe for access if water levels are high enough. Ve etation Characteristics General information on the vegetation community and species composition will be collected within the lagoon. The extent of vegetation around the Interior edges of the lagoon will be delineated and a general plant list will be compiled. Any special -status plants or suitable habitat for special -status plants will also be recorded. The vegetation survey will require one field day by two Siegel Environmental biologists. Proposed Scope and Sudget_spinnaker teas Assmt_14006_2015-0105sws.docx -3- Spinnaker Point East Lagoon Conceptual Alternatives Development Proposed Scope of Work and Budget, January 2015 Conceptual Enhancement Alternatives and Initial Feasibility Assessment Once we have an understanding of the site history, existing conditions, and'extent of the problems in the lagoon, we will refine project goals with the City and stakeholder the City identifies and develop a concise list of objectives to meet those goals. These goals and objectives will be confirmed by the City prior to our moving forward with work on developing alternatives. Following approval of the goals and objectives, three conceptual -level enhancement alternatives will be developed for the site. For each enhancement alternative, we will provide the following information: • Conceptual -level design schematics, earthwork estimates, and preliminary planning and construction cost estimates • Design rationale and expected outcomes Assessment of regulatory compliance requirements • Long-term operations and maintenance requirements and preliminary cost estimate The various enhancement alternatives will provide different methods to achieve the project goals and objectives. We will therefore provide a comparison between the alternatives to evaluate their performance and implementation costs relative to one another. Task 2: Communication and Outreach Under this task Siegel Environmental will coordinate with City staff and attend up to three meetings with City staff in support of the project. if requested by City, we will also present the Draft Report at a City Council session to discuss the odor problem and range of alternatives for the lagoon. Project Personnel. Stuart Siegel, PhD, PWS, Principal Environmental Scientist: Dr. Siegel has nearly 30 years of experience in the field of aquatic ecosystem restoration in San Francisco Bay, with an outstanding track record of managing complex projects involving multiple, interdisciplinary team members, and multiple stakeholders. Dan Gillenwater, Project Environmental Scientist/GIS Analyst: Mr. Gillenwater is an environmental scientist with over 12 years of experience in aquatic ecosystem restoration and proven experience in carrying out field investigations, developing project designs, coordinating permit and CEQA compliance efforts for restoration projects, and GIS. Proposed Scope and Budget Spinnaker Feas Assmt_14006_2015.0105sws.docx -4- Spinnaker Point East Lagoon Conceptual Alternatives Development Proposed Scope of Work and Budget, January 2015 Richard Grassetti, Senior CEQA Specialist: Mr. Grassettl has over 25 years' experience developing CEQA assessments, including numerous ecosystem enhancement and restoration projects in San Francisco Bay. Budget The project budget is summarized in Table 1. The overall budget for the tasks described in this work order will not exceed $35,485 without prior client authorization. Siegel Environmental will invoice on a time and materials basis. Table J.. Project Budget Summary Task Description Expenses Total Task 1: Conceptual Enhancrnent Aiternatives $30,000 $1,950 $ 31,950 and Initial Feasibility Assessment $150/hr GeoXT GPS: $50/day Task 2; Communication and Outreach $4,800 $0 $ 4,800 TOTAL $36,750 Labor Rates: Siegel Environmental Equloment Rental: Principal: $7.80/hr RTK GPS: $400/day Senior. $150/hr GeoXT GPS: $50/day Project: $120/hr Canoe/kayak: $120/day Staff: $75/hr Direct Expenses: atcost Schedule Siegel Environmental is prepared to begin the work on this project immediately upon issuance with a contract from the City. Assuming a mid-February start date, field work will take place as early as possible related to weather and lagoon water level conditions. The Administrative Draft Report will be provided to the City within two months of project initiation, assuming no significant weather delays in conducting field work. The Draft Report will be provided within two weeks of receipt of City comments. Proposed Scope and Budget Spinnaker Feas Assmt_14066_2015.6165sws.dooc -5- 610.A:10QV Spinnaker Point East Lagoon Conceptual Alternatives Development Proposed Scope of Work and Budget, January 2015 Richard Grassetti, Senior CEQA Specialist: Mr. Grassettl has over 25 years' experience developing CEQA assessments, including numerous ecosystem enhancement and restoration projects in San Francisco Bay. r_- The W The project budget is summarized in Table 1. The overall budget for the tasks described in this work order will not exceed $35,485 without prior client authorization, Siegel Environmental will invoice on.a time and materials basis. Table 1. Project Budget Summary Task Description Expenses Total Task 1: Conceptual EnhancrnentAlternatives $30,000 $1,950 $ 31,950 and Initial Feasibility Assessn-ent $150/hr Geo)(T GPS: $50/day Task 2: Communication and Outreach 14,1111111 $0 $ 4,800 TOTAL 1 $36,750 Labor Rates: Sleizel Environmental Equipment Rental: Principal: $180/hr RTK GPS: $400/day Senior: $150/hr Geo)(T GPS: $50/day Project., $120/hr Canoe/kayak: $120/day Staff: $75/hr Direct Expenses, at cost Schedule Siegel Environmental is prepared to begin the work on this project immediately upon issuance with a contract from the City. Assuming a mid-February start date, field work will take place as early as possible related to weather and lagoon water level conditions. The Administrative Draft Repoh will be provided to the City within two months of project Initiation, assuming no significant weather delays in conducting field work. The Draft Report will be provided within two weeks of receipt of City comments. Proposed Scope and Budget—SpInnaker FeasAssmt-14006-2015-oloSsws,docx -5- AGREEMENT FOR PROFESSIONAL SERVICES WITH SIEGEL ENVIRONMENTAL LLC FOR THE CONCEPTUAL ENHANCEMENT ALTERNATIVES DEVELOPMENT STUDY FOR SPINNAKER POINT EAST LAGOON This Agreement is made and entered into this day of 4 t (�"�µ, 2015 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and Siegel Environmental LLC (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the Conceptual Enhancement Alternatives Development for the Spinnaker Point East Lagoon (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director is hereby designated the PROJECI' MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR, Stuart Siegel is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. ShoUld circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated March 26, 2015 marked Exhibit "A" attached hereto, and incorporated herein by this reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A". 3. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "B". The total payments made for any individual work task will not exceed the amounts shown on the Proposed Budget, set forth in Exhibit `B", and the total payments for the project will not exceed $38,485. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. complete. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the perfonnance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. Agreement • 2 8. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A. Scope of Coverage. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. Agreement • 3 2. The additional insured coverage under CONTRACTOR's insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR's policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self- insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. Agreement • 4 D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. Agreement • 5 C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Nader Mansourian, (Project Manager) City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Stuart Siegel (Principal in charge) Siegel Environmental LLC 2 Belle Avenue San Rafael, CA 94901 Agreement • 6 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. Agreement • 7 20. COSTS AND ATTORNEY's FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL NADER MANSOURIAN Public Works Director ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, Ci4 Atto 'ey File No.: 08.07.16 Siegel Environmental LLC By: Title: 1" rej-' "6,14 Agreement • 8 ENVIRONMENTAL Scope of Work and Budget Conceptual Enhancement Alternatives Development Spinnaker Point East Lagoon March 26, 2015 The City of San Rafael (the City) has requested that Siegel Environmental assist the City in developing a suite of conceptual enhancement and management options and an initial feasibility assessment for the Spinnaker Point East Lagoon. The initial goals for the property, to be refined as the project develops, are to address recurring odor issues, avoid return to prior dust issues, preserve existing salt marsh harvest mouse habitat, enhance ecological functions to the extent possible, incorporate sea level rise resiliency if possible, and establish viable long- term management strategies. This scope of work includes the following tasks: • Task 1: Prepare Conceptual Enhancement and Management Alternatives Report • Task 2: Communication and Outreach The purpose of this task is to develop concept -level enhancement and management options for the East Lagoon that meet needs of the City, nearby residents, the landowner, and other interested stakeholders, and to conduct an initial feasibility assessment of those options in regards to costs and regulatory compliance needs. Siegel Environmental LLC 2 Belle Avenue, San Rafael, CA 94901 415.299.8746 • www.swampthing.org Exhibit A Spinnaker Point East Lagoon Conceptual Alternatives Development Scope of Work and Budget, March 2015 At the outset, we assume three alternatives will be developed and assessed. Each alternative would be aimed at distinct outcomes for the property. Initial ideas for these alternatives include a "minimum intervention" approach that focuses on resolving odors with the simplest strategies, a "managed lagoon" approach that incorporates greater ecological outcomes and would likely have more involved design and long-term management elements, and a "full restoration" approach that would convert the property to full tidal action with hopefully less long-term active management needs. The deliverables from this task are an Administrative Draft and Draft Conceptual Alternatives and Initial Feasibility Assessment Report. The Draft Report would provide opportunity for public and sldkeholder input. Preparation of a final report, nal wvered under Lhis Scope of Work, would occur subsequent to further City consideration and would be prepared only if the City elects to move forward with the project. The report will include the following information: • Description of site history and existing conditions • Goals and objectives • Conceptual -level design schematics, descriptions, and preliminary cost estimates for further site investigations to support engineering design (e.g., geotechnical conditions) and construction • Long-term operations and maintenance requirements and preliminary cost estimates • Assessment of regulatory requirements (permits, CEQA) for the various enhancement alternatives Existing Background Information Review We will review available sources of information to document the existing conditions on the project site and the history of site development and management. In previous discussions, the City identified the following documents that the City can provide and we assume the City will review its files and provide any additional information it identifies: 1) Environmental Impact Report for Spinnaker Point (April 1984) 2) Water Management Plan for the Lagoon at Spinnaker on the Bay (December 1989) 3) Final Spinnaker Lagoon Management Plan Phase II Monitoring Summation (December 1996) 4) Final Spinnaker Lagoon Management Plan Phase II Monitoring Summation (June 1997) 5) Memo from Paul Jensen (Summary) (October 29, 2012) W01—Scope and Budget_Spinnaker Feas Ass mt_3005_2015-0326sws.docx -2- Spinnaker Point East Lagoon Conceptual Alternatives Development Scope of Work and Budget, March 2015 In addition to reviewing the above listed reference materials provided by the City, we will conduct an historical aerial photograph inventory of the project site at the Pacific Aerial Surveys library in Emeryville, CA, to determine the pre -development condition of the site, timing of original development, and general site evolution over time. This search will involve a visit to the Pacific Aerial Surveys library to review the image inventory for the project site, and purchase of up to four historic photographs in digital format. The focus of the air photo review will be on early ecological setting, changes that took place around the time of the housing developments, and changes to the extent of salt marsh harvest mouse habitat. Field Data Collection Additional site-specific field data will need to be collected in order to understand existing site conditions and develop the conceptual restoration alternatives. Prior to performing any fieldwork/data collection, Siegel Environmental will prepare a brief Data Collection Plan to provide the City with information on the work that we will be performing and the general fieldwork schedule. The City can use this memorandum to obtain the right -of -entry authorization from the landowner. Site Topography Elevation data will be collected along the following locations (Figure 1): • Interior and exterior berms and within the interior of the lagoon • The two small adjacent lagoons • The West Lagoon • Inverts and soffits of existing water control infrastructure. These data will inform existing tidal flood protection levels provided by the exterior Bay Trail berm, potential upgrade needs to interior berms to maintain or improve tidal flood protection, and lagoon enhancement potential. The topographic surveys will require one field day by two Siegel Environmental staff members. The surveys will be performed using a survey -grade Real - Time Kinematic (RTK) Global Positioning System (GPS). The survey will be referenced to the North American Vertical Datum of 1988 (NAVD88) by tying to local National Geodetic Service (NGS), or City of San Rafael benchmarks. Soft soils are assumed in the lagoon interiors so Siegel Environmental will plan to utilize a kayak or canoe for access if water levels are high enough. Vegetation Characteristics General information on the vegetation community and species composition will be collected within the lagoon. The extent of vegetation around the interior edges of the lagoon will be delineated and a general plant list will be compiled. Any special -status plants or suitable habitat W01—Scope and Budget_Spinnaker Feas Ass mt_3005_2015-0326sws.docx -3- Spinnaker Point East Lagoon Conceptual Alternatives Development Scope of Work and Budget, March 2015 for special -status plants will also be recorded. The vegetation survey will require one field day by two Siegel Environmental biologists. Conceptual Enhancement Alternatives and Initial Feasibility Assessment Once we have an understanding of the site history, existing conditions, and extent of the problems in the lagoon, we will refine project goals with the City and stakeholder the City identifies and develop a concise list of objectives to meet those goals. These goals and objectives will be confirmed by the City prior to our moving forward with work on developing alternatives. Following approval of the goals and objectives, three conceptual -level enhancement alternatives will be developed for the site. For each enhancement alternative, we will provide the following information: • Conceptual -level design schematics, earthwork estimates, and preliminary planning and construction cost estimates • Design rationale and expected outcomes • Assessment of regulatory compliance requirements • Long-term operations and maintenance requirements and preliminary cost estimate The various enhancement alternatives will provide different methods to achieve the project goals and objectives. We will therefore provide a comparison between the alternatives to evaluate their performance and implementation costs relative to one another. Task 2: Communication and Outreach Under this task Siegel Environmental will coordinate with City staff and attend up to three meetings with City staff in support of the project. If requested by City, we will also present the Draft Report at a City Council session to discuss the odor problem and range of alternatives for the lagoon. Stuart Siegel, PhD, PWS, Principal Environmental Scientist: Dr. Siegel has nearly 30 years of experience in the field of aquatic ecosystem restoration in San Francisco Bay, with an outstanding track record of managing complex projects involving multiple, interdisciplinary team members, and rMultiple stakeholders. W01—Scope and Budget_Spinnaker Feas Assmt 3005 2015-0326sws.dou -4- Spinnaker Point East Lagoon Conceptual Alternatives Development Scope of Work and Budget, March 2015 Dan Gillenwater, Project Environmental Scientist/GIS Analyst: Mr. Gillenwater is an environmental scientist with over 12 years of experience in aquatic ecosystem restoration and proven experience in carrying out field investigations, developing project designs, coordinating permit and CEQA compliance efforts for restoration projects, and GIS. Richard Grassetti, Senior CEQA Specialist: Mr. Grassetti has over 25 years' experience developing CEQA assessments, including numerous ecosystem enhancement and restoration projects in San Francisco Bay. Siegel Environmental is prepared to begin the work on this project immediately upon issuance with a contract from the City. Assuming a mid-February start date, field work will take place as early as possible related to weather and lagoon water level conditions. The Administrative Draft Report will be provided to the City within two months of project initiation, assuming no significant weather delays in conducting field work. The Draft Report will be provided within two weeks of receipt of City comments. W01—Scope and Budget_Spinnaker Feas Assmt_3005_2015••0326sws.docx -5- Spinnaker Point East Lagoon Conceptual Alternatives Development Scope of Work and Budget, March 2015 The project budget is summarized in Table 1. The overall budget for the tasks described in this work order will not exceed $35,485 without prior client authorization. Siegel Environmental will invoice on a time and materials basis. Table 1. Project Budget Summary Task Description Expenses Total Task 1: Conceptual Enhancment Alternatives $28,740 $1,945 $ 30,685 and Initial Feasibility Assessment $150/hr GeoXT GPS: $50/day Task 2: Communication and Outreach $4,800 $0 $ 4,800 TOTAL 1 $35,485 Labor Rates: Siegel Environmental Equipment Rental: Principal: $180/hr RTK GPS: $400/day Senior: $150/hr GeoXT GPS: $50/day Project: $120/hr Canoe/kayak: $120/day Staff: $75/hr Direct Expenses: at cost W01 -Scope and Sudget_SpinnakerFeas Assmt.-3005-2015-0326sws.docx -6- SIEGE -2 OP ID: TR ,a►coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `-� 03/05/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT David Vaughan Vaughan Insurance Group, LLC PHONE FAX PO Box 52534 9AIC No. E.0: A/C No): 918-779-7885 Attn: Nader Mansourian Tulsa, OK 74152-0534 E-MAIL david@vaughanins.com ADDRESS: AUTHORIZED REPRESENTATIVE David Vaughan San Rafael, CA 94915-1560 INSURER S) AFFORDING COVERAGE NAIC # INSURER A: Great American Insurance Co 16691 INSURED Siegel Environmental LLC INSURER B: 2 Belle Ave San Rafael, CA 94901 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DDLUBR POLICY EFF POLICY EXP INSRTYPE OF INSURANCE LIMITS LTR POLICY NUMBER MM/DDIYYYY /Y MMIDDYYY A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 CLAIMS -MADE 1. 1 OCCUR X 02 -GL -000929660 02/01/2015 02/01/2016100 PREMISES Ea occurrence S 100 000 , MED EXP (Any one person) $ Excluded dX Professional 02 -GL -000929660 02/01/2015 02/01/2016 PERSONAL SADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY ..l PELT LOC PRODUCTS - COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident� $ 1,000,000 AANY AUTO 02 -GL -000929660 02/01/2015 02/01/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X X NON -OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE �I S EXCESS LIAR CLAIMS -MADE AGGREGATE S DED I RETENTION S $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITYY IN ........ STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ''........... E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ -------------------------- DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) San Rafael, its officers, employees, agents, and volunteers are included as Additional Insureds on the General Liability policy as required by written contract for ongoing operations per ML1081. Coverge is Primary & Non -Contributory per ML1357. 30 Days Notice of Cancellation applies except 10 Days for Non -Payment. rFRTIFIrATF HAI nFR rANrFI I ATIANI CITYOS5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of San Rafael THE EXPIDATE THEREOF, WILL BE DELIVERED IN Attn: Nader Mansourian ACCORDANCEION WITH THE POLICY PROVISIONSE P.O. Box 151560 AUTHORIZED REPRESENTATIVE 111 Morphew Street San Rafael, CA 94915-1560 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 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: Any person or organization for whom the named insured has agreed by written "insured contract' to designate as an additional insured subject to all provisions and limitations of this policy. (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 caused, in whole or in part, by your performance of ongoing operations for that insured. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by written "insured contract', the insurance afforded to such additional insured will not be broader than that which you are required by the written "insured contract' to provide for such additional insured. ML 10 81 (04 13) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or organization: City of San Rafael 1. WHO IS AN INSURED (Section 11) is amenaea to Inauae as an insured the person or organization shown In the Schedule, but only with respect to liability caused, in whole or in part, by your performance of "your work" for that insured. However A. The insurance afforded to such additional insured only applies to the extent permitted by law•, and B. If coverage provided to the additional insured is required by written "insured contract", the insurance afforded to such additional insured will not be broader than that which you are required by the written `insured contract" to provide for such additional insured. 2. With respect to 1. above the following additional provisions apply: 4. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insurance is provided by a contractor other than the above named additional insured. We shall be considered as excess insurance of any other insurance provided by a contractor other than the above named additional Insured. This amendment applies only when you have agreed by written "insured contract" to designate the person or organization listed above as an additional insured subject to all provisions and limitations of this policy. All other conditions remain unchanged ML 13 57 (04 13) Page 1 of 1 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLID' Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description ....... .. Completion Department Date 1 City Attorney Review, revise, and comment on draft _...._ _........ agreement. _._ _.m.._ ... _.� .. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City _ .......... .. .......... __ Ordinance*). _.... _ .... _......- 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6, City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the ...... contractingdepartment. _ ._..._._—�._.. _ ,..� ......._m_ To be completed by Contracting Department: Project Manager: �. �r �, .cry. Project Name:-- Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required, if contract is over $20,000 on a cumulative basis. CITY OF SAN RAFAEL ROUTING SLIP 1 APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OFA CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL /AGENCY. SRCC AGENDA ITEM NO. DATE OF MEETING: January 20, 2015 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: January 5, 2015 FILE NO.: 08.07.16 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM SIEGEL ENVIRONMENTAL TO PREPARE A CONCEPTUAL ENHANCEMENT ALTERNATIVES DEVELOPMENT STUDY FOR THE SPINNAKER POINT EAST LAGOON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $35,485. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL 1 AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: y^^ Cit.. �� •. m =� y Attorney (signatur)