HomeMy WebLinkAboutResolution 2012-155 N.C.S. 11/5/2012Resolution No. 2012-155 N.C.S.
of the City of Petaluma, California
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DIBBLE
LANDSCAPING FOR THE ELLIS CREEK WATER RECYCLING POND
VEGETATION MAINTENANCE SERVICES
WHEREAS, the Ellis Creek Water Recycling Facility Treatment Ponds require annual
vegetation maintenance to maintain proper function, and provide adequate access for effective
mosquito control; and,
WHEREAS, implementation of pond and wetland vegetation management at the Ellis
Creek Water Recycling Facility is also responsive to a request by the Marin/Sonoma Mosquito &
Vector Control District; and,
WHEREAS, City staff prepared a project scope and distributed a Request for Proposals
for the professional landscaping services required for this Project; and,
WHEREAS, the Request for Proposals was sent out to three contracting firms on August
7, 2012. and three (3) project proposals were received by the August 31, 2012 deadline; and,
WHEREAS, City staff conducted a professional services selection process and
determined that Dibble Landscaping is the most responsive and qualified contractor to meet the
requirements for the Project; and,
WHEREAS, the Project is categorically exempt from the California Environmental
Quality Act ("CEQA") pursuant to CEQA Guidelines section 15301(h) because it involves
maintenance of existing landscaping and native growth (excluding the use of pesticides as
defined in Section 12753, Division 7, Chapter'-', Food and Agricultural Code),
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
1. Approves the Professional Services Agreement attached as Exhibit A for the Ellis
Creek Water Recycling Facility Pond Vegetation Maintenance Services in the amount
Resolution No. 2012-I55 N.C.S. Page I
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
of $111,065.
2. Authorizes the City Manager or his designee to execute said agreement on behalf of
the City of Petaluma.
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 5'h day of November,
2012, by the following cote
Albertson, Barren. Mayor Glass, I-lartis. Healy. Keuiney; Vice Mayo) Renee
None
None
None
eta,tA�
Mayor
City
as to
Resolution No.2012-155 N.C.S. Page 2
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
Ellis Creek Water Recycling Facility Pond Vegetation Maintenance Services
(Title of Project)
FY 1212=13
Fund # 6600
Esp. Acct. # 66700
Project # 54260
Amount $1 11.065.00
For multi -year contracts or contracts
with multiple
accounts:
FY
Fund #
Exp. Aect. # _
Project #
Amount $
FY
Fund #
Exp. Acet. #
Project #
Amount $_
FY _
Fund # _
Esp. Acet. #
Project # _
Amount $_
FY
Fund # _
Exp. Aect. #
Projecr.t.
Amount $
FY_
Fund #
Exp. Acet. # _
Project # _
Amount $__
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 (`Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and Dibble L.andscapina, a sole ownership
("Consultant") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
("Services").
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates specified in Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A. only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $111,065.00 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department current information requested on the 'Vendor Information" form
available from City, and has obtained a currently valid Petaluma business tax
certificate.
Resolution No. 2012-155 N.C.S. Page 3
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
December 31. 2013, unless sooner terminated in accordance with Section 4. Upon
termination, any and all of City's documents or materials provided to Consultant and any
and all of the documents or materials prepared for City or relating to the performance of
the Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. 'Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation_; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the teen of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the, performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
Resolution No. 2012-155 N.C.S. Page 4
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations,_ opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Confect of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, 'financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14, Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assienment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
Resolution No. 2012-155 N.C.S. Page 5
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance- of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
M Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
Resolution No.2012-155 N.C.S. Page 6
(iv) facsimile transmission, in which case notice shall be deemed delivered upon.
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5::00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 7784360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Lena Cox
Environmental Servies Supervisor
3890 Cypress Drive
Petaluma. CA 94954
Phone: 707-776-3777
Fax: 707-7763746
Email: lcox ci. etaluma.ca.us
Consultant: James Dibble, Owner
Dibble Landscape
483 Rainsville Road
Petaluma, CA 94952
Phone: 707-778-9088
Fax: 707-778-9035
Email: Jim&dibblelandscaping.com
21. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Ma{iager or his or her designated representative.
22, Indemnification. To the maximmn extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the htdemnitees.
Resolution No. 2012-155 N.C.S. Page 7
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates. Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultaut arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify tinder this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to tine, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B-I attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-1, " `B-2, " "B-3, " or "B-4. "]
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
Resolution No. 2012-155 N.C.S. Page 8
27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
Jurisdiction in the County of Sonoma, State of California.
28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third Party BenePciaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Consultant's Books and. Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so, Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's
business, City may, by written request by any of the above -named officers,
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
Resolution No, 2012-155 N.C.S. Page 9
33. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
35. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Patties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST'.:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name:
Ade$$ss �f
City State Zip
69-61.21'1W1
Taxpayer I.D. Number-
�}/355 Ile`. DS'7
Petaluma Business Tax Certificate Number
Resolution No. 2012-155 N.C.S. Page 10
L
Exhibit A
/483 RainsviI4 Read -
Petaluma, CA 94952
707.7789088 .. -
FAX 707.778.9035
CAC. LAC# 658345 '
August 31, 2012
City of Petaluma
P.O. Box 61
Petaluma, Ca. 94953-0061
ELLIS CREEK WATER RECYCLING FACILITY POND
VEGETATION MAINTENANCE. SERVICES
Vegetation Removal @ Polishing Ponds: $ 75,440.00
Remove all vegetation around the perimeter of Polishing
Ponds A-D 3'-4' wide and on the islands as specified in
the bid documents dated Aug.7,2012, All cut debris shall
be loaded into debris boxes supplied by City of Petaluma.
After the cutting and removal of vegetation is complete an
approved herbicide spray shall be applied'to all stumps.
This scope of work shall commence on approx. Sept. 1, 201.2
and shall be completed by approx. Oct. 20,2013.
Labor Rates: Rate/hr. Est. Hr. Est. Cost
Foreman/Supervisor $68.00 240 $16,320.00
Leadnian $53.00 240 $12,720.00
Laborer $40.00 960 $38,400.00
Equipment cost $ 7,000.00
.Safety Clothing $ 1,000.00
Vegetation Removal @ Polishing Ponds & $35,625.00
Oxidation ponds 1-10
Provide one year maintenance with a two person
Resolution No. 2012-155 N.C.S. Page I I
;crew. Remove, Cattails, Bulrush and Ludwigia from
the perimeter of the ponds, The removal shall include
manual and herbicide spray. .
Labor.Rates Rate/hr. 48 Weeks Est. Cost
Laborer 145.00 $720.00 Wk. $34,560.00
Materials: Herbicide
Based on ten acres Aqua Master $ 473.00
Activator 90 $ - 592.00
Total Cost: $111,065.00,
This proposal is based on the information included in the Bid Request from
the City of Petaluma dated August 7, 2012 pages 1-4, Exhibit A pages 1-8,
Exhibit B pages 1-2, Exhibit C pages 173 and Exhibit D pages 1-2, along with
verbal instructions from Lena Cox during a site walk.
Respectfully Submitted, Accepted by
Lena Cox, E.S. Supervisor
City of Petaluma
Date Accepted: / -
a es L: Dibble, Owner
ibble Landscaping
Resolution No,2012-1.55. N.C.S. Page 12
INSURANCE REQUIREMENTS
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in correction with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code I (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $,1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Such other insurance coverages and limits as may be required by the City-
C. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self -insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Resolution No.2012-155 N.C.S. Page 13
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self-insurance maintained by the City; its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
ANIL
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence.
Resolution No. 2012-155 N.C.S. Pape 14
DIBBL99 OR ID: JIG
� CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/ODI WI
10119/12
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(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to
the torms and conditions of the policy, certain policies may requirean endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsementis .
PROWLER 916-630-8643
CONTACT
Brown & Brown Brokers of Sacramento Insurance
800-783-0083
PRUNE _ AIL, 1_
P. 0. Box 619043 Lic #01-138004
E-MAIL
ADDRESS,
Roseville, CA 96661-9043
_,. _
tISURESsfhFFORDING CUVERA- NAICA .
INSURER As Financial Pacific
31453
INSURED Dibble Landscaping
_ _
INSURER a: Hartford CaSdal Insurance Co
_ _
j29424
483 Rainsville Rd.
T--
Petaluma, CA 94952
INsuRERc
INSURER 0
INSURER E_—.—.—
INSURERF
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.
INSR
LTR
- TYPE OF INSURANOE
L
U R
POLICY NUMRFft.
P Y EFF
MMIDoIYVVV
Y %P
MMIDDIYYYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS-WOF. OCCUR
X
60420744
10/14112
10/14113
EACH OCCURRENCE
b 1,000,09
oAMASE'rC�aENTcrs—
PRcMISE51[a ecmrrencet
100,00
b _
MED F=P IAny nne yerwr�l
5 SAB
PERSONAL B ADV INJURY
_
S 1,000,00
GENERAL AGGREGAT E_
S 2,000,09
GEN'L AGGREGAT E LIMIT APPLIES PER:
PRODUCTS-CCMIAMP AGG
S 2,000,00
! X POLICY PR0._ FI LOC
-- —
s
I AUTOMOBILE UABIUTY
COMBINED SINGLE LIMIT
IEa eccltleli)
1,890,80
S
BODILY INJURY (Per TA sap 15
_ _
_ __
A
ANY AUTO
;60420744
10114112
10H 4113
_
ALLED
LOSNED X ACIDSCHFS
X HIRED AUTOc X NON -OWNED
- AUTOS..._.._
BODILY INJURY IRV a¢Oe De
b__
PROPERTY DAMAGE
P �-
_
$_
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE_
AGGREGATE
b
b
EXCESS LLAS
CIAIMS-MADE
DEC T RETENTIONS
B
WORKERS COMPENSATION
ANDEMPLOYERS'LIAWL1TY YIN
ANY PROPRIETORPARTNERIEXECUTNE
I
167WECD07835
04101/12 !
04/01/13 j
VJC STATU- O?H-
T RY IMIT$jEF_.___._...._
E L. EACH ACCIDENT
$ 1,000,00
OPFICERIMEMSER EXCLUDED7 ❑
{MaMatery In MR)
NIA
—_—__._.—----..___-L
E.L_DISEASE-_ EAEMPL_OY_E_E_
S 1,000,00
If a, tlesuibe untler
DESCRIPTION OF OPERATIONS below
E.L. USEASE POLICILIMIT 15
1,000,00
1
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE$ IAh.M ACORD 101, Ad411lonsl Remarks Schedule, It space la required)
Ellis Creek Water Recycling Facility Pond Vegetation Maintenance services
and the City of Petaluma, its officials officers, employees, agents, and
volunteers acting within the scope of'their duties that are controlled &
supervised by the primary {first) additional Insured are Included as an
Additional Insured under Commercial General (see attached notepad)
City of Petaluma
Attn: Ellis Creek WRF
11 English'St
Petaluma, CA 94952
CMOFP
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTTHHORIZZEDDRREPRESENTATNE f
V tab6-ZUIU AUUKU CUKPUKA I IUN. All rlgnts reservetl.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Resolution No. 2012-I55 N.C.S. Page 15
Resolution No. 2012-155 N.C.S. Pago 16
POLICY NUMBER: 183154A COMMERCIAL GENERAL LIABILITY
CG 20 10 Blanket Additional Insured 02 10R
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
(WITH LIMITED COMPLETED OPERATIONS COVERAGE)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
Any person or organization to whom or to which the
named insured is obligated by a virtue of a written
contract to provide insurance that is afforded by this
policy. Where required by contract the.officers,
officials, employees, directors, subsidiaries,
partners, successors, parents, divisions, architects,
surveyors and engineers are included as additional
insureds. All other entities, including but not limited
to agents, volunteers, servants, members and
partnerships are included as additional insureds, if
required by contract, only when acting within the
course and scope of their duties controlled and
supervised by the primary (first) additional insured.
If an Owner Controlled Insurance Program is
involved, the coverage applies to off -site operations
only. If the purpose of this endorsement is for bid
purposes only, then no coverage applies.
WHO IS AN INSURED:(Section II)
This section is amended to include as an insured
the person or organization shown on the Certificate
of Insurance, but only to the extent that the person
or organization is held liable for your acts or
omissions in the course of "your work" for that
person or organization by or for you. The
"products -completed operations hazard" portion of
the policy coverage does not apply to any work
involving or related to properties intended for
residential or habitational occupancy (other than
apartments).
WAIVER OF SUBROGATION:
We waive any right of recovery, when required by
written contract, that we may have against the
person or organization shown in the Certificate of
Insurance because of payments we make for injury.
LOCATION OF JOB:
The job location must be within the State of domicile
of the named insured, or within any contiguous
State thereto.
DESCRIPTION OF WORK:
The type of work performed must be that as
described under classifications in the CGL
ueciarauons.
1) LANDSCAPE GARDENING
2) ANY SUBCONTRACTED WORK
PRIMARY CLAUSE:
When this endorsement applies and when required
by written contract, such insurance as is afforded by
the general liability policy is primary insurance and
other insurance shall be excess and shall not
contribute to the insurance afforded by this
endorsement.
EXCLUSION:
The insurance provided to the additional insured
does not apply to "bodily injury", "property damage"
or "personal and advertising injury' arising out of an
architect's, engineer's or surveyor's rendering or
failure to render any professional services, including:
1. "The preparing, approving, or failing to
prepare or approve, maps, designs, shop
drawings, opinions, reports, surveys, field
orders, change orders, or drawings and
specifications; and
2. Supervisory, inspection, architectural or
engineering activities.
Endorsement
EFFECTIVE DATE: Oct/1412011
Endorsement
EXPIRATION DATE: OcU1412012
CG 20 10 Blanket Additional insured 02 10R
Includes copyrighted material of Insurance Services Office, inc., with its permission
Resolution No. 2012-155 N.C.S. Page 17
POLICY NUNIBEII: I8�3154A
EPIC 0200 (10-09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BUSINESS AUTO ELITE COVERAGE ENDORSEMENT
This eulorsenenl modifies insurance provided under the following,
BUSINESS AUTO COVBRAGE FORM
With respect to coverage provided by this endorsement. the provisions of the Coverage Fotm apply unless modified by this
endorsement
SECTION II - LIABILITY" COVERAGE- Amendments
WHO IS AN INSURED
The t'ollowine are added to WHO 1S AN INSURED:
BLANKET ADDI IIONAL INSUREDS
.Any person or organization with whom youmgmed. because
of a written contract, agreement ou pemit. to provide
insuance such as is afforded under this Coverage Part, but
only with respect to _your ownership, maintenance or use of a
coverod "atao" This provision only applies if the tvritten
contract or a_recnheri has been executed or permit issued
prior to the "bodily injure" or "property damage."
This coverage shall be primary, rod not contributory with
respect to the person or organization included as an "insured"
under this section. Anv other insurance that person or
Organization ])as shall be excess and not contributory with
respect to this inatnunce, but this provision only applies -if it is
required nil the written contract, agreement or permit identified
in this section. and is pennined by law.
BROAD FORM rNMVIED INSURED
Any business entity newly acquired or formed by you. other
than a panneship, joint vemme or limimd liability company
elunng tine policy period provided you own 50°t, of more of
the businessentity and the business entity is not separately
insured far Business Awo Coverage. Coverage is ealended
Lip to it maximum of 180 days following aaquisinmt or
formation of tine business entity.
E.MPLO1'EE.SAS INSURED-IIIRN:DAII'rOS
Arry "employe' of ypur9 is nn "insured" while operating an
"auto" !tired or rented tinder a contract or agreement io that
"employee's" name, with your permission, while performing
duties related 'to the conduct of your business.
EMPLOYFF.SAS INSURED-iN'ONObN'NEDAUTOS
Any "employea" of yours is an "insured" while using n
covered "auto" you don't own, hire of borrow in your
business.
COVERAGE EXTENSIONS - SUPKENIENTARY
PAYMENTS
Supplementary Pavmems is amended as follows.
We will pay up to S3.000 for cost of bail bonds (including
bonds for related traffic law violatipns) required because of
,n "accident" we cover. We do not have to furnish these
bonds.
We will pay all reasonable expenses incurred by the
"lnsmed" It our request including aerial loss -of earnings up
to SMO a day, because of time off front work.
SECTION Alt - PHYSICAL D,AMACE COVERAGE -
Amendments
AUDIO. VISUAL AND DATA ELECTRONIC
EQUIPMENT COVERAGE EXTENSION
Any refeence to equipnnent for the reproduction ol'c'ound
also Includes video and global positioning systems.
EXPANDED'rOWLNG COVERAGE.
in addition to the towing and labor limit shown in the
Declarations fin private passenger type "autos," we will pcy
up to S75 for towing and labor costs fneutred each time the
covered "auto" is disabled. liowever, the labor must be
performed at the place o1' disablement.
'[Ins coveage appiieS only to an "autO" covered on this
policy rot other physical damage coverage.
EXPANDED TRANSPORTATION EXPENSE
Coverage Extensions- Transportation Expenses is deleted
and replaced by the following:
We will pay up to S60 per d aoy to it maximum of S I,S00 for
temporary transportation expense incurred by you because of
the total theft of covered "auto" orthe private passenger
type. We will pay only foi those covered "autos" for which
you carry either Comprehensive or Specified Causes of Loss
Coverage. We will pay lot tenporarytmnsportation
expenses incurred during the period beginning 18 hours offer
tactudes cop) rig6l,d mur"n4l of ISO I"Opavcs: hI, with n, p, n won
Resolution No.2012-155 N.C.S. Page 18
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "agreement") between
the City of Petaluma ("City") and/or the Petaluma Cotmmunity Development Commission
(`I'CDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in
this Acknowledgement and Certification by providing information, including the date,
subject matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of Violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and 1 iealth (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor
Relations Board, which have been filed or presented to the covered entity within the ten
years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to die execution of said agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it
is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
ACKNOWLFDGE,MENT t1ND CERTIFICATION PURSUANT TO
CITY OF PE7'ALUNIA LIVING WAGE ORDINANCE
Resolution No..2012-155 N.C.S. Page 19
thus Acknowledgement and CertiEicadon is authorized to bind the covered entity as to the
matters covered in this eledgment and CettiFication.
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D: Ellis Creek Water REc; cv ling Facility Pond Vegetation Maintenance
Sen-ices
(Piuit Name of Covered Entity/Business Cap i[y) 7�
Its
( -ilie /Capacity of Authorized Signer)
ACKNOWLEDGEMENT AND CERTIFICATIONPURSUANTTO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Resolution No. 2012-155 N.C.S.
Page 20
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS
PURSUANT'TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLL.EC'I'IVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL
OR CONSUMER PROTECTION CHARGE, COMPLAINT', CITATION, AND/OR FINDING OF VIOLATION
OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT
LIMITED TO THE, CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF
OCCUPATIONAL SAFETY AND HEALTH (OSHA), CAL.IFORNIA DEPARTMENT OF INDUSTRIAL
REI. �1TIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL
LABOR RELATIONS BOARD, W'I-ECH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND/OR PARTY TO ANY CITY OF PETALW IA AND/OR PETALUP LA CONINIUNITY
DEVELOPMENT CONEMISSION-FUNDED AGREEMENT OR BENEFIT SUBJECT TO
PETALUMA MUNICIPAL CODE CHAPTFR8.36 (LIVING WAGE ORDINANCE), AND
• HAS BEEN FILED OR PRESENTED TO YOU VATHIN THE TEN YF 9RS IABIEDLiTELY PRIOR
TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT
:AND CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE, THE REGULATORY ,AGENCY OR COURT'NIAKING THE. CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT NLATTER AND THE NLANNEROF RESOLUTION,
IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE., PLEASE STATE "NONE":A�
ATTACH ADDITIONAL PAGES IF NEEDED,
Date:
Regulatory Agency or Court:
Subject Matter:.
Resolution, if any:
Expected resolution, if known:
June 2011 (Manage #16386972)
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
Resolution No. 2012-155 N.C.S. Page 21