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HomeMy WebLinkAboutResolution 2012-155 N.C.S. 11/5/2012 Resolution 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 2, 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. 2012-155 N.C.S. Page 1 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. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 51"day of November, for 2012,by the following vote: City Attorney AYES: Albertson, Barrett,Mayor Glass, Harris. Healy, Kearney; Vice Mayor Renee NOES: None ABSENT: None ABSTAIN: None �r Da7,04111.e ATTEST: / I ► �J '.a ► • City Clerk Mayor 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 12-13 Fund 4 6600 Exp.Acct.4 66700 Project#54260 Amount$1 11.065.00 For multi-year contracts or contracts with multiple accounts: FY Fund 4 Exp.Acct.4 Project# Amount$ FY Fund it Exp. Acct.4 Project 4 Amount$ FY Fund it Exp.Acct.4 Project# Amount$ FY Fund 4 Exp.Acct.H Project H Amount$ FY Fund 4 Exp.Acct.4 Project if 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 Landscaping, 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: 1. 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 perfonned and the compensation to he 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 term 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. Conflict 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. Assignment/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. 20. 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 Petal uma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778-4360 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(a ci.petaluma.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 Manager or his or her designated representative. 22. Indemnification. To the maximum 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 Indemnitees. 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 Consultant 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 under 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 time, 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-I, " "13-2, " "B-3, " or "B-4. 1 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 Beneficiaries. 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 Parties 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 •NSULTAi 'i' Th • _firs,:. /�:,_._.,.., • - City Manager Paore ATTEST'.: i Tide _ /. . City Clerk Ad ��essss. APPROVED AS TO FORM: ;./ lec 4—• City State Zip 68-0.2:93o1 City Attorney Taxpayer I.D.Number APPROVED: /2/4ilie ''e�°D�f33S�n7 Petaluma Business Tax Certificate Number Department Director APPROVED: Risk Manager APPROVED: Finance Director file name: Resolution No.2012-155 N.C.S. Page 10 DIBBLE ExhibitA • 483 Rainsville Road Petaluma, CA 94952 ., x �¢r.: 707.77 NDS ,8 9088 AX 707 778 9035 LM 1)JCC.�1 l is FCAL I IC#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, 2012 • 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 • Leadman '$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 $45.00 $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 1-3 and Exhibit D pages 1-2, along with verbal instructions from Lena Cox during a site walk. Respectfully Submitted, Accepted by c?; `?x`. Lena Ciox, E.S. Supervisor City of Petaluma Date Accepted:"c /-' / a es L Dibble, Owner ibble Landscaping Resolution No.2012-1.55.N.C.S. Puge 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 connection 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 ll. 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 he 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 A:VIl. 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. Pane 14 /^ q� DIBBL99 OP ID:JG AV o DATE(MMIODIYYW I %,; ` �.-,,: CERTIFICATE OF LIABILITY INSURANCE 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 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 916-630-8643 N ACT AAME Brokers of Sacramento Insurance 800-783-0083 jpl°NNnyB _- FAx .LAIC,NaL'._ P.O.Box 619043 Lic#0H38004 E-MAIL -- �-� Roseville,CA 96661-9043 ADDRESS INSURERS AFFORDING COVERAGE NAICA INSURER A:Financial Pacific 31453 INSURED Dibble Landscaping INSURER S:Hartford Casual Insurance Co ;29424 483 Rainsville Rd. - I Petaluma, CA 94952 INSURER C: 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. IR TYPE NSRANE 1NSf,L WVU➢k i POLICY EFF POLICY E%P L , IMMNCYYYY) IMMIDOIYYYY I POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 _ A X1 COMMERCIAL GENERAL LIABILITY X 60420744 10/14/12 10/14/13 oAMASETCRENTErs— PREMISES I[ m 100,000 $ CLAIMS-MADE I X I OCCUR MEDEE=P(Any one person) $ 5,000 _ 'PERSONAL 8 ADV INJURY $ 1,000,000 __ ____ GENERAL AGGREGATE 1.S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 ,�POLICY�PIFCa-i-i � LOC: S I AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT • 1,888,888 S A ANY AUTO _OWNED X60420744 10/14/12 10/14113 BODILY INJURY(Per person)J 5 AUTOS X 1 AIM ODULED BODILY INJURY(Per acc D e I S NON-OWNED PROPERTY DAMAGE S HIRED AUTOS X AUT !Ea accident/ GS goer CGdeni S I1 UMBRELLA LIA8 I i OCCUR EACH OCCURRENCE $ —1 EXCESS LIAI B _ OLAIM_SMADE AGGREGATE $ DEC I SS I RETENTION b - —'- - -- f- ----___ WORKERS COMPENSATION !__ WC STATU- I LOTH AND EMPLOYERS'LIABILITY YIN I I TORY LIMIT5. 1[11 - ._ B ANY PROPRIETORIPARTNERIEXECUTIVE I57WECDC17835 04/01/12 04/01/13 'LEL EACH ACCIDENT LS - 1,000,000 mandat oyEMBER EXCLUDED? N I A II yes, NH) E.LDISEASE-EA EM1IPLOYEE S 1,800,800 D s,R23UON under DESCRIPTION OF OPERATIONS below �E.L.DISEASE-POLICY LIMIT 15 1,000,000 1 I 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AGGRO 101,Additional Remarks Schedule,it more 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) CERTIFICATE HOLDER CANCELLATION • CITYOFP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Petaluma THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ellis Creek WRF 11 English'St AUTHORIZED REPRESENTATIVE Petaluma, CA 94952 j2 f ©1988-2010 ACORD CORPORATION. All rights reserved. • ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Resolution No.2012-155 N.C.S. Page 15 NOTEPAD: HOLDER CODE CITYOFP DIBBL99 PAGE 2 INSURED'6 NAME Dibble Landscaping OP ID:JG ogre 10/19/12 Liability policy per endorsement CG 20 10 02 10 R attached.**Subject to company approval Re: Landscape Gardening work performed at Ellis Creek Recycling Fcility • Resolution No.2012-155 N.C.S. Page 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 BUS1NESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: DESCRIPTION OF WORK: Any person or organization to whom or to which the The type of work performed must he that as named insured is obligated by a virtue of a written described under classifications in the CGL contract to provide insurance that is afforded by this Coverage Part Declarations, policy. Where required by contract the.officers, officials, employees, directors, subsidiaries, 1) LANDSCAPE GARDENING partners, successors, parents,divisions, architects, 2)ANY SUBCONTRACTED WORK 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 PRIMARY CLAUSE: involved,the coverage applies to off-site operations When this endorsement applies and when required only. If the purpose of this endorsement is for-bid by written contract, such insurance as is afforded by purposes only,then no coverage applies, the general liability policy is primary insurance and other insurance shall be excess and shall not WHO IS AN INSURED:(Section II) contribute to the insurance afforded-by this This section is amended to include as an insured endorsement. the person or organization shown on the Certificate of Insurance, but only to the extent that the person EXCLUSION: or organization is held liable for your acts or The insurance provided to the additional insured omissions in the course of"your work"for that does not apply to"bodily injury", "property damage" person or organization by or for you. The or"personal and advertising injury' arising out of an "products-completed operations hazard" portion of architect's, engineer's or surveyor's rendering or the policy coverage does not apply to any work failure to render any professional services, including: involving or related to properties intended for residential or habitational occupancy(other than 1. "The preparing, approving, or failing to apartments). prepare or approve, maps, designs, shop drawings, opinions, reports, surveys, field WAIVER OF SUBROGATION: orders, change orders, or drawings and We waive any right of recovery,when required by specifications; and written contract, that we may have against the 2. Supervisory, inspection, architectural or person or organization shown in the Certificate of engineering activities. Insurance because of payments we make for injury. Endorsement LOCATION OF JOB: EFFECTIVE DATE: Oct/14/2011 The job location must be within the State of domicile of the named insured, or within any contiguous Endorsement State thereto. EXPIRATION DATE: Oct/1412012 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 NUMBER: I83154A EPIC 0200(10-09) THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ELITE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage pi-Mailed by this endorsement. the provisions of the Coverage Form apply unless modified by this endorsement. SECTION II-LIABILITY COVERAGE-Amendments COVERAGE-EXTENSIONS-SUPPLEMENTARY PAYMENTS WHO ISAN INSURED Supplementary Payments is amended as follows: The following are added to WHO 15 AN INSURED: We will pay up to 53.000 for cost of bail bonds (including BLANKET ADDITIONAL INSUREDS bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these Any person or organization with whom you agreed. because bonds. of a written contract, agreement orpemit,to provide insurance such as is afforded under this Coverage Part,but We will pay all reasonable.expenses incurred by the only with respect to your ownership, maintenance or use of a "insured" at our request, including actual loss-of earnings up covered "auto." This provision only applies if the written to S300 a day,because of time off from work. contract or agreement has been executed or permit issued prior to the"bodily injury' or"property damage." SECTION III-PHYSICAL DAMAGE COVERAGE- A mendmen is This coverage shall be primary and not contributory with - respect ro the person or organization included as an "insured" AUDIO, VISUAL, AND DATA ELECTRONIC under this section. Any other insurance that person or EQUIPMENT COVERAGE EXTENSION organization has shall be excess and not contributory with respect to this insurance,but this provision only applies-if it is Any reference to equipment for the reproduction of sound required in the written contract,agreement or permit identified also includes video and global positioning systems. in this section.and is permitted by law. EXPANDED'[OWING COVERAGE. BROAD FORM NAMED INSURED in addition to the towing and labor limit shown in the Any business entity newly acquired or formed by you. other Declarations for private passenger type "autos," we will pay than a pannership,joint venture or limited liability company up to 575 for towing and labor costs incurred each time the during the policy period provided you own 50 86 or more of covered"auto" is disabled. However,the labor must be the business entity and the business entity is not separately performed at the place of disablement. insured for Business Auto Coverage. Coverage is extended up to a maximum of 180-days following acquisition or This coverage applies only to an"auto"covered on this formation oft-he business entity. policy for other physical damage coverage. EMPLOYEES AS INSURED-HIRED AUTOS EXPANDED TRANSPORTATION EXPENSE Any "employee"of yours is an"insured" while operating an Coverage Extensions—Transportation Expenses is deleted "auto" hired or rented under a contract or agreement in that and replaced by the following: "employee's"name, with your permission, while performing duties related to the conduct of your business. We will pay up to S60 per day to a inaximum of SI,800 for temporary transportation expense incurred by you because of EMPLOYEES AS INSURED-NONOWNED AUTOS the total theft era covered "auto"of the private passenger type. We will pay only for those covered"autos"for which Any "employee"of yours is an "insured"while using a you carry either Comprehensive or Specified Causes of Loss covered "auto"you don't own,hire or borrow in your Coverage. We will pay for temporary transportation business. expenses incurred during the period beginning 48 hours after Includes copyridned material of ISO Propertics,inc.with its permission 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 Community Development Commission ("PCDC") 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 Health (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 the 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 ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE Resolution No.2012-155 N.C.S. Page 19 this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this eledgment and Certification. SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: Ellis Creek Water REc din. Facili1 Pond Ve,etation Maintenance Services 2 i /% 4/&2&&2$± 2f bate:\_ 4020i Z-- (Piint Name of Covered Entity/Business Cap iry) (Print Name) 's 7-' /s' c..... !o/./1s.::._.,et- , (Signature) Its �` f./7264 1 (Title /Capacity of Authorized Signer) ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO 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,COLLECTIVE 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 (OSI-IA),CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD,WHICH: • AFFECTS YOU AS A PROSPECTIVE CONTRACTOR,SUBCONIRACTOR,LESSEE,FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUM'IA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION-FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAFFER 8.36 (LIVING WAGE ORDINANCE),AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIAIELY 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 MAKING THE CHARGE COMPLAINT,CITATION OR FINDING,THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY,FOR EACH SUCH CHARGE COMPLAINT,CITATION OR FINDING. IF NONE,PLEASE STATE"NONE": Sed ATTACH ADDITIONAL PAGES IF NEEDED. Date: Regulatory Agency or Court: Subject Matter:. Resolution,if any: Expected resolution,if known: June 2011 (Manage#1638697.2) ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE Resolution No. 2012-155 N.C.S. Page 21