HomeMy WebLinkAboutStaff Report 4.A 12/02/2013 �l° Itew #4. 1
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DATE: December 2, 2013
TO: Honorable Mayor-arid Members of the City Council through City Manager
FROM • Dan St Jo� ' • Director, Public Works & Utilities
Lena Cox— Environmental Services Supervisor
SUBJECT: Resolution Authorizing.Award of a Professional Services Agreement for the Ellis
Creek Water Recybling:Eacility Landscape Maintenance Services
RECOMMENDATION
It is recommended`that the City Council adoptthe attached Resolution_Authorizing a
Professional Services Agreement with Cagwin & Dorward Landscaping for,the Ellis•Creek
Water Recycling Facility•Landscape.Maintenance Services.
• BACKGROUND
Routine landscape maintenance services are required to contro •the vegetation within the,
treatment facility and the area_open to the public at the Ellis Creek Water Recycling Facility. In
an effort to minimize costs over;the last:four years, staff has Managed:the facility landscaping by
using City staff and equipmentvcith,supplemental assistance for individual tasks by landscape
contractors. This'approach"has.not been sufficient to:acconiplish'all of the necessary annual
landscape:maintenance, to adequately control invasive non-native plants, and to comply with
required regulatory restoration for the portions of the,site,disturbed during construction of the
treatment facility. Staff-has concluded that it will be more efficient and cost effective to manage
the facility landscape by combining the requisite services into a•single professional service
agreement-executed by a single experienced landscape service provider. Thus, staff prepared a
request for proposal (REP)`with th'e•experienced technical requirements(including a,scope of
work that thevegetation'maintenance tasks for adequate site maintenance.
DISCUSSION.
The landscape'maintenance'scope of services incorporates:tasks related to the landscape
maintenance of the water conservation demonstration garden located at the facility, invasive non-
native plant species mitigation, maintenance of the construction site restoration at two locations,
and general landscape maintenance for the site The scope of services.does.not include
vegetation:maintenanceywithin the:aerated-ponds or polishing ponds because this work requires a
different`"specialty anddifferent equipment;:and is already under a service contract with another
company:
Agenda Review:
City Attorney _ Finance Director CityManager 1
On.August 6, 2013;,a request.for'proposals'(RFP)'was sent to four landscape•contractors that are
• familiar with and have previously performed various:_landscape tasks at:the•Ellis Creek site in the
past. Three contractors submitted qualifications and unitcprices;in conformance with the
requirements of the RFP for the project•by the deadline on September 9, 2013. Staff evaluated
the proposals on the>following.criteria: knowledge and experience with the site•landscaping
requirements,.the quality of work previously performed at`the site,_the.overall cost proposal
including;,unit prices and projected hours on-site, the contractor's ability to respond, the
contractor's proximity to the site;location, and experience of key staff including supervision.
Staff has interviewed references and received satisfactory reports. Based on the evaluations,the
staff recommends Cagwin & Dorward`ofNovato as the most qualified to perform`the scope of
services..The overall;estimated;annual:costs submitted by Cagwin &'Dorward were higher than
thesnumber7two ranked firm based on what staff believes to bea more'realistic projection of the.
total time needed to successfdlly provide the services.
Landscape services to maintain-the site have been costly: City parks maintenance staff has
learned that providing ongoing landscape maintenance and upkeep on a regular basis is more
cost effective than trying to"plarcatch-up" and maintain the.site after the evasive plants and
landscaping has gotten out of control.,Consolidating the landscape maintenance under one
contract will bemore efficient than the previous management approach'and will significantly
reduce the overall annual landscape•costs. The City spent $192,595 for landscape;services at the
facility during-the 2012-2013 fiscal year The expenditures include the cost of$61,322 for City
staff to perform routine landscape'maintenance, $19,466'to maintain the water conservation
garden, and $11•1,807 spent between two contractors for landscape maintenance services.
throughout the entire• ite. The landscape.maintenance work effort performed by one contractor
will resultin�a substantial reductio_n'ofthe annual landscaping cost with-a proposed annual
.expense of$154,860.
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Staff reeoimñends award Of the professional services agreement for landscape'maintenance to
Cagwin & Dorward ofNovatobased on a unit price contract with an annual,estimate.value of
$154,860: 'The,contract.is:proposed`to run for seventeen months through,June 30, 2015 at an
estimated fee of$21.9,285 with an option to extend for one additional year to June 30, 2016
based ont satisfactory performance for an+additional estimated fee of$154,860.
FINANCIAL:IMPACTS
The-handing for this professional,service has been allocated in,the.fiscalyear,201-3-2014 budget
under the,water conservation program, 67200, and the wastewater utility, 66700, cost centers.
Staff estimates-a,savings of approximately$38,000 by consolidatingfhe work•to a single'service
pros ider,compared to the costs incurred by the previous landscape management,approach. There
is no„impact to the General Fund.or Parks Maintenance budget. The FY 13-14 l udget;anticipates
consolidation of all Ellis Creek,'landscape activity into a Prefessiona •Services Agteenient.
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ATTACHMENTS
1. Resolution
2. Location Map
3. Signed Professional.Services:Agreement
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' 3
Attachment 1
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH CAGWIN &:DORWARD FOR THE ELLIS CREEK WATER RECYCLING
FACILITY LANDSCAPING SERVICES
WHEREAS, the Ellis Creek.Water Recycling Facility Landscape requires annual vegetation
maintenance for the site; and
WHEREAS, City staff prepared a project scope and basis of qualifications, and distributed a
Request for Proposals for the professional landscaping services required for this service; and
WHEREAS, the Request for Proposals was sent out to four landscape service providers on
August 6, 2013, and three (3) project proposals were received by the September 9, 2013
deadline; and
WHEREAS, City staff conducted a professional services selection process and determined that
Cagwin.&-Dorward is theanost:?responsive and qualified contractor to meet the requirements for
the Project as well as offering thelowest unit prices for personnel and equipment; 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, Ghapter.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 Landscaping Services in the amount of$219,385 for a period of
seventeen months through June 30,2015 with an option to extend at staff discretion for
one additional year for an additional $154,860 based..on satisfactory performance.
2. Authorizes the CityManager or his designee to execute said agreement on behalf of the
City of Petaluma.
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Atttachment 2
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ELLIS CREEK WATER RECYCLING FACILITY
LOCATION MAP
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Attachment 3
PROFESSIONAL SERVICES AGREEMENT
Ellis Creek WaterrRecycling Facility Landscaping%Services
(Title Of Project)
FY 13/14 Fund 4.6700 Cost Center 67200 Object Code Project 4 54130 Amount$5460
For multi=year contracts or contracts with multiple accounts:
FY 13/14 Fund 4 6600 Cost Center.66700 Object Code Project 54260 Amount$59.065
FY 14/I5 Fund II 6700 Cost Center 67200 Object Code . Project ft 54130 Amount$13 104.
FY 14/15 Fund 4'6600 Cost Center 66700 Object Code Project ft 54260 Amount S141.756
FY Fund ft Cost.Center., Object Code Project Amount$_
FY' Fund 4 Cost Center Object Code _ Project 4 Amount S
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 Cagwin & Droward, a Landscape
Contractor("Consultant") (collectively, the "Parties-).
WHEREAS; the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the tenns 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 B-1.
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 $219,385-without prior written authorization of the.
City Manager. Further, no compensation for a 'section or work program
component attached with a specific budget shalt 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 a current W=9 foam available from the IRS website (www.irs.gov)
and has obtaineda,currently valid Petaluma business tax certificate.
PROFESSIONAL LSERVICES AGREEMENT—PREVAILING WAGES
March 2013
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E. City',s obligation to pay compensation.Ad Consultant as provided herein is
contingent upon Consultanfs'performance of the'Services pursuant to the terms
and conditions of this Agreement and:any amendmentsthereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
June 30. 2015, unless sooner terminated in accordance with Section 4. The Agreement
term may be extended by amendment in accordance with Section 24 to add an-additional
period of performance from July 1, 2015 through June 30, 2016, for additional
compensation:.in the amount of$454,860.00, and the not to exceed"amount in Section 2,
paragraph C,increased accordingly,in accordance with the budget attached as Exhibit B-
2. Upon termination, any and all of City's documents 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 A"greementby 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 ih 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 eniployees,.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 agreementfor 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 writingto provide the same.
7. Licenses;:Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at alltimes,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 Agreenent.
PROFESSIONAL.'SERVICES AGREEMENT—PREVAILING WAGES
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9. ;Inspection. Consultant shall;;provide the Gityeveryreasonable 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
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. Consultantshalhnot directly or indirectly disclose or use any such confidential
information,.except•as requiredtor 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 of 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 or1employee of City,. If such'con11 ict-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 specifyinwriting, Consultant shall have no -
authority, express or implied, to=act on behalf of City in,anycapacity 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
ekclusive property of-City upon delivery ofthe same.
15. Assignment/Transfer. No assignment or transfer in whole,or in part of this Agreement
shall be made:-Withodt:the'prior written consent of City.
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f6. Subcontractors. Consultant shall';directly-perform'all';Sertrices ,and shall not Subcontract
any.rpoition,of,performance of'the. Services without;the prior written consent of City.
Any such ""subcontractors shallbe:;required to comply, to the full extent applicable, with
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the terms,ancisobditions‘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'. Alt Laws: Consultant shall,fully comply with all applicable local,
state and tederal rules;,laws, regulations and orduianc es pertaining to the performance of
the Services required:hereunder, including but not limited to, the California Building
Standards Code as;ineffect in the:City, the Americans with Disabilities Act, and laws
and iregUlatiems related to any•copyright, patent, trademark or other intellectual property
right involved inperforniance•of the Services. Consultants=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., Prevailing Wages. This Agreement is subject to the requirements of the California
Prevailing Wage Law; California Labor Code Section 1720;et seq., and the Services as
described in Exhibit A will be performed,in accordance with all applicable requirements
of the California 'Prevailing, Wage Law; including, but not limited to, all applicable
requirements contained in Exhibit C. which is attached to and made a part of this
Agreement.
19, - Living Wage Ordinance:. Without limiting`the:foregoing Section 17, Consultant shall. •
ci mply=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
timer, Upon the City's request Consultant,shall promptly provide to the City rdocuments
and information verifying:Consultant's compliance with:the requirements of the Living
Wage Ordinance, and shall within fifteen (RS) 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 arc required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement. and Certification Pursuant to City of Petaluma Living Wage
Ord inance,.attached to'thisAgreement at Exhibit C, shall,be;apart 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 I) in accordance with
there uirements of the Wage Ordinance. Consultant's noncompliance with the
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applicablearequirements of the Living Wage Ordinance shall constitute'cause for City's
termination ofthis-Agreement pursuant to Section 4'hereof.
20. 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
mentandisability in-violation of any applicable law.
21. 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
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PROFESSIONAL SERVICES.AGREEMENT-PREVAILING WAGES
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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 ineffective,upon delivery;
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(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
(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 i otice,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)'778-4360
Fax: (707) 778-4554
Email: cityclerk @ci.petaluma.ca.us
And:
Lena Cox •
EnvironmentahServices Supervisor
3890'Cypress!Drive
Petalutna,.CA 94954
Phone: 707-776-3729
Fax:. 707-776-3746
Email: Icox@eimetaluma.ca.us
Consultant: Sarah Dunia
Cagwin&Dorward
R.O.Box=1600
Novato,CA 94948
Phone: r415-892-7710
Fax: 415-897-7864
Email: sarah:dunia@cagwin.com
22. Ownership of Document's. 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 sueh'documents;or papers shall.'not be disclosed to others without the written
doriserit of the;CityManager or his or her designated representative.
23: 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
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not be unreasonably withheld)., and hold harmless City and its officers, officials,
employees,.agents and volunteers ("Indemnitees") from and against<anyand?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 withthelServices,or Consultant's failure to comply with any of the terms of
this Agreement,regardless of any fault or alleged fault of thelndemnitees.
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:cvaluates"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 bylaw, so much ofthe money due or that may become due the Consultant
under this Agreement 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'docuinents.
The Consultant 'waives any and all rights to express or implied indemnity against the
Indernnitees concenung'.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
he 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.
24: Insurance:. Consultant shall comply with the Insurance Requirements for Consultants"
in Exhibit.E,,attached,hereto and,incorporated herein by reference.
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26. 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.
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27. 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.
. 28. Governrng 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.
.29. 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.
30. 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 infull force and effect.
31. 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 iin any third party.
32. Mediation. The Parties agree to make a good faith attempttoresolve any dispute arising
out of this Agreement through mediation prior to commencing-litigation. The Parties
shall mutually agree upon the mediator and shall dividethe costs of mediation equally.
33. Consultants Booksand.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 forservices, or expenditures and.di'sbursements.Charged to the City for
a minimum period of thiee (3) years or for any longer period required by law,
from the date of final payment to Consultant,pursuant to this Agreement.
B. Consultant rshall• maintain all documents and records which demonstrate
performance under this Agreement for 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 rto this 'Agreement
shall be made available'for inspection- or audit, at any 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 analternative 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 he given to the City and that the records and
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PROFESSIONAL SERVICES AGREEMENT-PREVAILING WAGES
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documents be maintained in, Petaluma City 1-tall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, orConsultant'sisuecessor in interest.
34. 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.
35. Survival. AB 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.
36. 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 imthisaegard.
IN WITNESS WHEREOF, the;parties,hereto have executed this.document the day, month and
year first above written.
CITY OF PETALUMA CONSULTANT
By
City Manager Naive
ATTEST:
• Title
•
City Clerk Address
APPROVED AS TO FOR__M_:
City State Zip
City.Attorney Taxpayer I.D. Number
APPROVED:
Petaluma Business Tas Certificate Number
Department Director
-APPROVED:
•
Risk Manager
APPROVED:
Finance Director - -
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file name:S:/pw&u/environmcn tnlservtceslenvi mnmentel compliance/council repons 13',C WRY landscape Maintenance/Ellis Creek Landscape
Maintenance Services'PSAdoc
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PROFESSIONAL SERVICES AGREEMENT-PREVAILING WAGES
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'EXHIBIT`A
•
ELLIS CREEK WATER RECYCLING FACILITY
Landscape Maintenance Specifications
PART 1 —GENERAL SPECIFICATIONS
1.0 IRRIGATION SYSTEM-MANAGEMENT, MAINTENANCE,AND REPAIR
1.1 All Water Recycling Facility(WRF) irrigation water is recycled water and
should be managed,in accordance with Article•4 in Title 22 ofthe California
Code of Regulations: Specifically, recycled;water shall not be allowed to
dischargeto:surface waters.
1.2 Contractor'shalLprovide.staff completely trained and familiarized with the setup,
monitoring„and maintenance of the irrigation system at the WRF areas. Irrigation
drawings and conformed specifications are available through the City
Department of Public Works& Utilities, WRF Administration.
1;3 Where;;no;irrigation,system exists; and is required for new landscape areas, the
Contractor shall design and submit for review to the City of Petaluma, an
irrigation system.
1:4 Contractor' shall maintain as-built. drawings 'of any changes to the irrigation
system. Redline,alhirrigation repairs or renovations whichprepresent changes to
the existing-irrigation•on current record drawing prints and submit to the City of
Petaluma's WRF Environmental Services Supervisor or designee.
1.5 Contractor shall communicate in 'writing, to the City of Petaluma WRF
Environmental Services Supervisor any recommendations to modify irrigation
operation schedules throughout the operating season as required to accommodate
routine maintenance activities or respond;to system malfunctions.
1.6 Contractor shall communicate in writing to the City of Petaluma WRF
Environmental Services Supervisor any recommendations to update the irrigation
system throughout the operating season as required to accommodate new plant
establishment, planting renovations or changes in materials, and changes in solar.
exposure, or revisions to irrigation system layout.
1:7 Irrigation system,monitoring and inspections shall include,visual inspection of all
irrigatedvlandscape areas monthly from May throughiSeptember to identify water
related•plant stress (over or tinder water application),.potential leaks as evidenced
by surface'water or erosion,and broken or damaged equipment.
1.8 Contractor shall' advise the City of Petaluma. WRF Environmental Services
Supervisorverballyand in writing of any conditions discovered that may prevent
system from delivering correct amount of water.
1.9 Contractor shall locate and visually identify irrigation components in response to
the following: 1) All new or replacement 2) Soil preparation
and amending; 3)Thatching,aeration, ordiscing.
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EXHIBIT A
1.10 Contractor shall once,annually provide.writtenarrigation,system management
reports to the-City of P.etatuii a°s WRF Environmental:Services Supervisor or
designee that summarize,major.renovations,replacements and,equipment
changes along with proposed renovations/upgrades and associated budget
recommendations:
1.11 The Contractor shall clean and adjust heads, nozzles and-valves as required.
Clean drip:irrigation valve strainers as required: Remove vegetation and debris
affecting head performance from all zones once during.the months of April and
May. Remove vegetation or debris affecting access to valves, and reset/raise
valve boxes,which have settled during the winter shutdown months at the
beginning<of each operating season.
1.12 The Contractor shall repair or replace components which.are damaged due to
Contractor maintenance activities,at no cost to the City of Petaluma.
1.13 The Contractor shall instruct the City of Petaluma's WRF Environmental
Services Supervisor"or designee in shutting off the systems during emergencies.
2.0 MOWING
2.1 Contractor shall visit and walk the site with the City's WRF Environmental
Services Supervisorat-:the beginning of the maintenance period (winter or early
spring animal ly)to clarify the scope of work.
2:2 Mowing shall be scheduled to achieve fire suppressions requirements,per City of
Petaluma direction.
2.3 Prior to each mowing remove all litter and debris from WRF areas.
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2.4 Coordinate mowing schedules for each WRF area with the City of Petaluma's
WRF EnviionmentahServices Supervisor or designee. Mowing schedule shall be
coordinated with seasonal bird restrictions..
2:5 Contractor shall mow all landscape and natural revegetation areas with mulching
mower equipment whenever possible. Shoulder areas, may be mowed "top-
down";vehicle can be driven on trails/roadways, with an armextending down to
access the shoulder. Mowing equipment which removes clippings may be
required when excessive leaf debris is present, or when moisture conditions are
too high to allow effective mulching without substantial clumping of plant debris.
2.6 MOWING SCHEDULE: Contractor shall execute mowing per the schedule,
presented in Table 7.. See PART 2 for a,Description of WRF Areas.
TABLE 1: MOWING SCHEDULE
WRF:AREA' NOTES TIMING' NUMBER!
YEAR
Enhanced'.. Mow vegetation toa,height oft inches once June and 2
Wetland native`grasses have seeded.Verify timing with. July
WRF Environmental Services Supervisor.
Mitigation Wetland. Mow weeds to a height ofi2 inchesonce"native July and 2
grasses,have seeded.Verify timing with WRF August
Environmental Services Supervisor.
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EXHIBIT A
Ellis Creek' Mow vegetation to a height of 2inches.Verify April and 2
Enhancement timing with
VV Environmental`Services May
Area and 'Supervisor.
Crossings
Levee(Exterior) Mow, vegetation to a minimum heightof 6 April and 2
inches from ground level(to'discourage June
burrowing mammals).
Levee(Interior) Mow, vegetation to a minimum height of 6 April and 2
inches from ground level(to discourage June
burrowing mammals).
Landscaped Mow bunch grasses to remove dead above- September 1
Areas ground material when plants are dormant.
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Natural Mow,vegetationto a height of 2 inches once in April.and 2
Landscape Areas early spring,once in late spring. June
Masciorini Farm Mow vegetation within the fenceline to a.height April and 2
House of2,inches in the spring and'again in summer June
as needed to:prevent and control fire hazards.
Parking Areas Mow;,vegetation within ten feet of all parking March 7
areas to a height of 2 inches monthly through through
springand'summer to prevent and control.fire September
hazards.
Shoulder Mow vegetation to a height of'2'inches once in April and 2
eadyspring„once in late•sprih along road and June
trail,margins and fence lines.
Fenceline I Mow vegetation within area five feet around March 4
• fenceline/property line to a height'of,2 inches through
�t weekly through spring and summer to prevent September
and control fire hazards.
Excludes FAA,(PetalumaRiver Trail)portion of trail network.Mowing is prohibited in accordance with
requirements under the Federal EndangeredSpecies Act.
2The schedulers subject to variability based on annual weather and site conditions:The Contractor may
recommend to the City WRF Environmental'Services Supervisor changes to the specific timing of the
maintenance activities'as necessary to achieve maximum results.
3 Base Contract price includes a minimum of 28 mowings per the mowing schedule.Schedule of 28 mowings
may be altered per City of Petaluma request or as required by climatic conditions.
3.0 INTEGRATED PEST MANAGEMENT
3.1 IPM.is an approach to pest control that utilizes regular routine monitoring to
determine if and when treatments are needed, and employs physical, mechanical,
cultural, biological, and educational tactics to keep pest numbers low enough to
prevent unacceptable' damage or annoyance. Additional treatments, such as
pesticide applications; are made only when and where monitoringhas indicated'
that the pest will cause unacceptable economic, medical, or aesthetic 'damage:
Treatments are not made according to a predetermined schedule. Treatments are
chosen and timed to be most effective and least-hazardous to non-target
organisms and the general environment.
3.2 The principles of.Bay Friendly Landscaping Integrated Pest Management (1PM)
guidelines and the City of Petaluma 1PM guidelines (City Park application),
unless otherwise approved by the City, shall be employed. The intent is to limit
any pesticide (including herbicide) applications through healthy landscape
management practices.
3.3 Contractor shall propose pesticide applications only as a last resort and only after
other methods'of control are proven ineffective.
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EXHIBIT A,
3.4 Contractor shaft visit and walk.the site with the City's WRF Environmental
Services Supervisor or designee,at the beginning;of the weed control period
(winterbrearly.speing annually);to1dentify'cs? ed control priorities..
3:5 Pest monitoring and inspections to include: visual inspection of all landscape
areas monthly, or as determined by the WRF Environmental Services Supervisor
or designee, to identify potential pest problems:, Pest problems include insect,
disease, and weed;infestations. The presence of a pest does not necessarily mean
that treatment is required. Contractor shall keep written records of pests
identified and areas where problems may be developing.
3.6 Any area where non-chemical 1PM control methods should begin should be
brought to the attention of the WRF Environmental Services Supervisor or
designee.
3.7 Contractor.shall provide written pest monitoring reports that include status of
infestation, description of controls implemented .(e.g. "applied wood chip
mulch', "mechanically pulled weeds", "adjusted irrigation") and noxious weed
identified. Reports shall be provided monthly'to the City of Petaluma's WRF
Environmental'Services.Supervisor or designee.
3.8 Contractor shall treat infestations of poison hemlock (Conium maculatum),
Himalayan blackberry (Rubus armeniacus), perennial pepperweed (Lepidium
latifolium), black mustard (13rassica nigra), bristly oxtongue (Helminthotheca
ichioides), Harding grass (Phalaris aquatica), and other noxious weeds as needed
by mechanical (mowing, hand clipping; pulling), chemical (spot or area
spraying), or biological (1PM) methods. For chemical of weeds, follow
the specifications listed in SECTION 4.0 PESTICIDE APPLICATION.
3.9 No herbicides'shall be used in the aquatic environment, unless.they are classified
as aquatic-safe and approved by the City of Petaluma WRF Environmental
Services Supervisor.
3.10. The contractor shall be well trained in identification. treatment methods, and
current classification (Cat-IPC ranking; and Sonoma County designation) of
noxious`weed+species and landscape pests and diseases in'onoma County.
3.11 Contractor'shall control noxious weeds upon identification in all WRF areas
except the Enhancement/Mitigation Wetland..Control of noxious weeds in the
Enhancement/Mitigation Wetland shall be.carried out by the contractor only with
the approval of the'City's'WRF Environmental Services Supervisor.
3.12 Employ principles of IPM to preventative "blanket" applications of herbicides,.
fungicides or insecticides: are not allowed without prior approval of City Of
Petaluma'''s WRF Environmental Services Supervisor or designee.
3.13. Ilse'cultural methods (mulch, mow, fertilize, aerate,irrigate) to minimize weed
cover on all landscape and natural revegetation'areas. "Weed and Feed" products
are not allowed.
3.14 Control broadleaf weeds in all landscape areas by spot applications of contact
herbicide ('Tri-mec' or approved equal) during the growing season to control
broadleaf weeds:
3.15 WEED MAINTENANCE SCHEDULE: Contractor' shall execute weed
maintenance in accordance with the schedule identified in Table.2 below. See
PART 2 fora description of WRF Areas.
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EXHIBIT A
•TABLE2:'WEED•MAINTENANCESCHEDULE
•WRF AREA NOTES TIMING NUMBER/
YEAR
Enhanced Wetland - Annual spraying of broadleaf specific herbicide Spring As needed
in early spring as needed.
Mitigation.Wetland Remove cattails and other weeds by Summer 1
mechanical and chemical means once the
wetland has dried.
Ellis Creek Hand weed areas around restoration plantings. April 4
Enhancement Area Treat Himalayan blackberry andperennial through
and Crossings pepperweed chemically,as needed: Mow or • July
spot treat noxious weed.infestations that are not
fully eradicated by seasonal mowing-(seasonal
mowing is-identified in Table 1).
Levee(Interior) Interior levees shall be managed for weed Spring, As needed
(Refer to PART 2, control during spring and summer through Summer,
SECTION 5) mowing(identified above in Table 1). Local Fall
treatments for noxious weeds-shall be applied
as needed.
Landscape Areas Weed control around all building perimeters and Quarterly 4
at base of omamentaftrees.
Additional •Mow to prepare site for planting,'spray with pre- Fall 1
Landscaped Area emergent herbicide: (Prior to
October)
Natural Landscape Natural/Landscape Areas shall be.managed'for Spring, As needed
Areas weed control during spring and summer through Summer,
mowing(identified above'in Table 1). Local Fall
treatments for noxious weeds shall be applied
as needed.
Roads and Trails Rempve weeds within trails and roads by hand Spring or 1
or by mechanical means as needed.The Summer
Petaluma River Trail shall only receive weed
maintenance outside of Clapper Rail breeding
season.
Shoulder Shoulders shall be managed for weed control Spring or As
during spring and summer through mowing Summer needed
(identified above in Table 1). Local treatments
for noxious weeds(pepperweed)shall be
applied as needed.
Water Conservation Hand weed planting beds. Bi-weekly 24
Demonstration
Garden
4.0 PESTICIDE APPLICATION
4.1 Pesticides include all, herbicides, insecticides, fungicides, and various other
Substances used to control pests. All pesticide applications shall be preceded by
monitoring and positive pest identification. Submit these findings to the WRF
Environmental Services Supervisor-or designee prior to any pesticide application.
The,Contraetor shall not apply any chemical pesticides without express approval
from the City of Petaluma's WRF Environmental Services Supervisor or
designee.
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EXHIBIT•A
4.2 If Contractor detennines.that,pesticide applications may be needed, Contractor
shall provide WREEnvironmental Services;Supervisor or designee the following
information:
4.2.1 Identification of pest and reason control is.required.
41.2 Description of the cultural, non-chemical, and/or spot application of
pesticides already tried and assessment of success or failure of those
remedies.
4.2.3 'Description of how the work.will-be performed, including but not
limited to methods of eradication or suppression, materials,
chemicals,timing, duration, public notification,and monitoring.
4.2.4 A weed control plan shall be prepared and signed by a licensed
Commercial Pest Control Consultant when chemical treatments are
proposed. The plan shall include methods of weed control; dates of
weed control operations; and the name, application rate, and
Material.Safety Data Sheets (MSDS) oral! proposed herbicides. In
addition, the Contractor shall furnish a copy of the current product
label for each pesticide and spray .adjuvant to be used. These
product labels shall be submitted with the weed control plan for
approval.
4.3 Under no circumstances will combination products be allowed ("weed and feed",
weed control +fertilizer, insect control+ fertilizer, etc).
4.4 Under no circumstances will regularly scheduled calendar-based or "blanket"
applications of pesticides be allowed without written prior approval of the WRF
Environmental Services.Supervisor or designee..
• 4.5 Contractor shall communicate with WRF Environmental Services Supervisor or
designee to determine if such applications are allowed.
4.6 All pesticides must be applied during dry weather; EPA approved,and applied by
a licensed California State Pesticide Applicator or Operator per the label
directions: All applications must be posted for 24 hours after application. All
chemicals used must-have a Material MSDS filed with the City of Petaluma.
4.7 Pesticide application records shall be kept in accordance with California Food
and Agriculture Code, California Code of Regulations, and Business and
Professions,Code, and copies provided to City of Petaluma WRF Environmental
Services Supervisor ordesignee monthly..Such records shall be completed in
accordance with all applicable laws and regulations.
4.8 Contractor shall be responsible to verify that pesticides are appropriate for use
with the respective plant materials. Contractor shall be responsible for any
damages!incnrred as a result of applications and shall repair or replace any such
damage at no cost to the City of Petaluma.
4.9 Contractor shall install appropriate public notice signage prior to pesticide
application in accordance with Sonoma County pesticide use enforcement of
California. Food and Agriculture Code, California Code of Regulations, and
Business and Professions Code.
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EXHIBIT A
5.0 VEGETATION CONTROL-POLiSHING PONDS'IAND OXIDATION PONDS
5.1 This section applies onlytothe Polishing Ponds A,D and Oxidation Treatment
Ponds 1-10.
52 The contractor will control vegetation by mechanical means in areas where
mowing is not feasible to reduce accumulation of vegetation, maintain
accessibility to water treatment facilities, and enhance the aesthetics of the Ellis
Creek WRF.
5.3 VEGETATION MAINTENANCE SCFIEDULE: Contractor shall work with City
of Petaluma.WRF to schedule vegetation control around Polishing Ponds A-D
and Oxidation Ponds 1-10.
5.4 No chemical';treatment shall be used unless reviewed and approved as an aquatic-
safe herbicide by the.City of Petaluma.
5.5 Contractor shall be responsible for off haul and disposal of all generated
materials. Disposal cost to be paid for by City of Petaluma.
6.0 GENERAL PLANTING METHODOLOGY
6.1 The contractor shall carry out planting-iii the WRF areas per specifications in
PART'2. Objectives for planting and individual plant palettes for each WRF area
are unique, and are provided in PART 2 following the description of each WRF
area.
6.2 Unless otherwise approved by the .WRF Environmental.Services Supervisor or
designee, planting shall be performed during the period between October 1 and
March 31.
6.3 Contractor-shall'ensure that a properly functioning:irrigation system is in place
prior to planting.
6.4. Dead, vandalized, or stressed plants' will be replanted on the site following
consultation with the City of Petaluma to determine appropriate species, number.
and type(bare root, live stake, container, etc.).
6.5 Contractor will betresponsible for inspection of all new plant material prior to
installation. Plants will be deemed unsuitable for planting if they are unhealthy,
diseased, root bound, have been in the same-container size for more than 2 years,
or have poor structure. Plants shall not be planted during excessively wet
conditions.
6:6 Contractor will obtain plants that have been grown at a nursery in equivalent
climatic conditions'asthe WRF.
6:7 Anychanges,from the specified planting palette must be approved by the City's
W FR'Environmental Services Supervisor or designee.
6.8 Plants shall be approved and installed according to standard plant installation
techniques including but not limited to the following:
6.8:1 Plants supplied in containers shall be kept`moist at all times and
shall be removed from the container in a manner that prevents
damage to the root system. The plants shall not be removed from
the container by pulling on the stem, tops, or trunk..Non-tapered
containers larger than 5 gallon size shall have 2 vertical cuts made
down the entire depth of the container before the root ball is
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EXHIBIT-A
removed„ Representative'samples:of:alLcontainerized material shall
be inspected All circling roots shall be cut and straightened to
ensure correct directional growth after planting. The WRF
Environmental Services Supervisor or designee may require that the
entire root ball be split:from'the bottom fora-depth.equal to '/2 the
container depth to expose root ends to the soil in the planting hole.
In their final position, containerized plants shall have the same
relationship to finished;grade as when growing in the container.
6.8:2 Backfill shall be carefully-compacted'by foot pressure applied to the
soil: Upon completion of backfilling, the Contractor shall build a 3-
inch high soil berm around theaiee/shrub to,allow slow percolation
of water. If settling occurs the contractor shall then add enough soil
to cover the roots but shall not rework°the soil Three inches of
mulch.shall be added to top dress the entire tree/shrub pit including
the watering ring, with the depth;;tapered.at least'two inches away
from stems or trunk bark In their final position, trees/shrubs shall
have their root crowns positioned slightly above grade to prevent
root damage.
6.8.3., One fertilizer tablet of percent by weight'06:20:20(N-P-K), shall be
installed in each planting basin at;the time of planting.
6.8.4 Contractor shall install stakes and guys for new plants, and replaced
Where existing plant ;protection is :damaged or ineffective. Plant
protection canconsist of plant protection tubes or cages that allow
natural light to penetrate to the plants while preventing herbivory.
Plant protection devices shall be sufficiently tall to protect plants
from deer.
6.8.5 Trees shall be staked using two 10 inch tapered,3 Y< caliper stakes
of 8 foot height and two,black.rubber tire.Stakes shall be driven at
least 36 inches into the ground. Rubber ties shall be attached to the
stakes with galvanized nails and should'support the tree of a point 8
to 1 Z'inches below the lowest lateral branch.
6:8:6 Twice per year, Contractor shall inspect and adjust tree/ plant
staking to prevent:damage, such as girdling or trunks or branches
and rubbing that may cause plant wounds. Remove stakes when
trees or woody vegetation achieve a trunk caliper size of 3”or more,
or are established and self-supporting.
6.8.7 Bark mulch shall be installed around every plant at a distance of 3
inches fronilhe central stem and at,depth of 2 inches at the time of
planting: Mulch shall be composted, recycled wood and yard waste
chips. See SECTION'9.O for mulch specification.
6,8.8 Plants shall be watered immediately:after planting.
6.8.9 PLANTING SCHEDULE: Contractor shall execute planting in
accordance with the schedule identified in Table 3 below. See
PART2.fora description-of WRF Areas.
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EXHIBIT A
TABLE 3: PLANTING SCHEDULE
WRF AREA NOTES TIMING NUMBER/
YEAR
Ellis'Creek Dead plants shall be.assessed for cause and Winter 1
Enhancement Area replanted.
and Crossings
Water Conservation Replant dead plants with native,drought- - Fall- 1
Demonstration tolerant•species'provided by the City. Winter
Garden
7.0 PRUNING
7.1 Pruning shall, be performed by trained personnel in, accordance with accepted
horticultural practices. Prune to enhance the natural growth and shape of plant
materials, and eliminate diseased or damaged growth. Plantings shall be
permitted to grow together and to the edges of beds to minimize weed infestation
and maximize water conservation.
7.2 Make all cuts clean and,close to trunk without cutting branch collar. "Stubbing"
is not permitted.,Cut small branches flush with trunk or lateral branch. Make
large cuts (one inch in diameter or greater) parallel`.to shoulder rings. Shearing is
only permitted, for formal hedge, tows. Prune back branches interfering with
walks, buildings, signage, fire control utilities, site lighting, security/safety
visibility,and site lighting.
7.3 Replace plant materials that are disfigured or damaged due to improper pruning
at no additional cost to the City of Petaluma.
7.4 Contractor shall execute pruning,branch removal, and tree maintenance activities
for alPLandscaped and Natural Landscaped Areas:(PART 2, SECTIONS 6.0 and
7.0).
8.0 LANDSCAPE DEI3RIS;REMOVAL
8.1 Remove biodegradable.landscape debris (plant clippings, leaves, branches, dead
plant material, etc.) to yard refuse recycling facility unless otherwise directed.
Acceptable sites include topsoil producing facilities and/or other facilities, which
utilize yard waste for landscape purposes. No biodegradable material should be
disposed of at landTill sites.
8.2- Where possible and practicable, leaves shall be mulched, mowed or left, in
planting areas throughout winter, spring and summer when leaf fall is not
excessive and plant health is not adversely affected. Leaves can be blown or
;raked ';under the shrubs or groundcover and into the wood chip mulch, when
possible.
8.3 In autumn, leaf removal shall occur at each visit as needed to prevent smothering
plants, groundcovers, and excessive clumping when mulch mowing. Remove
leaves from site only as needed to maintain a neat appearance and health of the
planting.
9.0 MULCH,REPLACEMENT
9.1 The-City shall supply mulch for use at the site.
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EXHIBIT°A
9.2 Contractor shall refresh mulch by raking and top dressing to a'depth of at least 2"
around all building perimeters and'.new plantings at the time of installation or in
the fa .annua y.
10.0 GUARANTEE AND REPLACEMENT
10.1 Contractor shall thoroughly inspect all plant material to confirm health and.
identify any disease, pests, or physical damage prior to planting. Plant
inspection shall be completed to comply with Mitigation Monitoring and
Reporting Program Measure PD-3, which requires a contractor to use locally
grown or inspected plants. The City of Petaluma designates that the purchase of
all plants for the wetlands and restoration efforts shall be from locally grown
stock or from a nursery that has an approved monitoring'program for the glassy-
winged sharpshooter.
10:2 Replace, at no additional cost to the City of Petaluma, any plant materials
damaged as a result of improper .maintenance attention or procedures.
Replacement material shall be of the same size and variety as the removed
material.
103 Inform the City of Petaluma WRF Environmental Services Supervisor or
designee, of plant losses not covered by warranty and unrelated to the
maintenance.activities. Provide City of Petaluma with the'cause of the plant loss
and recommendations with pricing for replacement.
10.4 The Contractor is not responsible for losses, repair or replacement of damaged
work or plant material resulting from theft, extreme weather conditions,
vandalism, vehicular incidents (other than Contractor's vehicles) or the acts of
others over whom they have no reasonable control.
10.5 The Contractor'.shall-provide, in writing, any proposed substitution from these
specifications,tolhe City of Petaluma for approval.
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EXHIBIT A
PART 2—WRF AREA.LOCATIONS AND�SPECIFICMAINTENANCE ACTIONS
1.0 ENHANCED/MITIGATION WETLAND
The Enhanced/ Mitigation Wetland, is located at the west end of the property near he
entrance road and is:identified in Attachment A.
1.1. This area shall be mowed annually(Table 1, PART I, SECTION 2.0) under the
directsupervision of the City's WRF Environmental Services Supervisor or
designee.-.The City's WRF Environmental Services Supervisor will provide
guidanae.omthe preferred mowing schedule.
1.2. Additional required maintenance of the Enhanced/Mitigation Wetland includes:
annual weed removal (Table 2, PART I, SECTION 3.0).
2.0 ELLIS CREEK ENHANCEMENT AREA AND CROSSINGS
Two riparian crossings along Ellis Creek have been restored in addition to a 1,100 foot
Riparian Enhancement area. These areas are located along Ellis Creek and are identified in
Attachment A. Replacement planting of dead plants is required:
2.1. Contractor shall replant existing dead plants, and will include the following
plant palette:
TABLE 4:PLANT PALETTE
Common Name Scientific Name
Box elder ' Acernegundo
California,blackberry Rubus ursinus
California rose Rosa califomica
Coast live oak Quercus agrifolia
Cottonwood j Populus fremontii
Mugwort Artemisia douglasiana
Red willow Salix laevigata
Snowberry Symphoricarpos mollis
Valley oak Quercus lobate
2.2. The Contractor is responsible for ensuring that the correct species are installed,
and that every plant.has securely installed.protective plant tubing or cage. Trees
must be staked usingtwo J 0 inch tapered'stakes two black rubber tire ties. See
specifications in PART 1, SECTION 6.8 through 6.8.6. ,
2.3. Mowingand weed maintenance shall be carried out according to•the schedules
in Table 1,.(PART 1, SECTION 2.0) and Table 2,(PART 1, SECTION,3.0).
2.4. The Contractor is responsible for managing irrigation to the restoration
plantings including frequency and adequacy. Sec specifications in PART I,
SECTION 1.0.
2.5. The Contractor is responsible for ensuring that the restoration plants do not die
from desiccation. Any plants that die from too little water will be replaced by
the Contractor at no cost to the City.
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EXHIBIT'A,
2:6. Per specifications in PART (,.;SECTION 1:0, the Contractor shall either
refurbish the existing irrigation ,system ortinstall a new irrigation system that
g ��. g
will deliver water to all restoration lantin within the creek crossings and
riparian°enhancement areas.
2.7. Contractor is responsible to adequate irrigation of plants.At the North Crossing,
irrigation stub out is available, located on the treatment facility side of Ellis
Creek: This water source will need to be activated by the City. No local water
source;is available at the South,Crossing.
3.0 POLISHING POND MAINTENANCE
The Polishing.Ponds include Cells A-D, located in the-central area of the WRF site. These
areas are-identified-in Attachment A.
3.1. Contractor'Sliall'implement vegetation,removal around the polishing ponds.
3.2. All vegetation removal will require mechanical or hand:removal; no herbicides
shall be applied unless otherwise approved as aquatic-safe by the City of
Petaluma WRF-Environmental Services Supervisor or designee.
4.0 LEVEE(EXTERIOR)MAINTENANCE
The levees extend around Cells A-D of the Polishing-Ponds:These areas are identified in
Attachment A.
4.1. The exterior levees shall be mowed according to;;the specifications in PART I,
SECTION;2.0 and the schedule provided in Table,1. Mowing of these areas
shall maintain a moderate height of vegetation (6-12 inches) to the extent
feasibleto discourage-burrowing mammals.
4:2. The Contractor shall-implement weed management as needed. No specific weed
issues have:been:identified'on the exterior levees as of the writing of this scope.
5.0 LEVEE(INTERIOR)'MAINTENANCE
The,interior levees extend around the Cells A-D of the.Polishing Ponds;and are defined as
the upland portion of the interior side of the levees from the interior trail margin to the
water level.These areas-are identified in Attachment A.
Si. The Contractor shall mow this area annuallyas;specified in Table 1, following
ail requirements of PART I, SECTION 2:0.
5.2. All vegetation removal will fequire mechanical or hand removal; no herbicides
shall be applied unless otherwise approved as aquatic-safe by the City of
'Petaluma WRF'Environmental Services Supervisor or designee.
6:0 LANDSCAPED AREAS
Tbis includes planted areas surrounding the facility buildings and roadways exterior
Wilding perimeters. These areas-are identified in Attachment A.
61. The Contractor shall replant in areas where plants are dead at the time of
execution of the contract using plants paid for by the, City: The Contractor is
responsible for ordering, transporting,inspecting for proper health (according to
PART I. SECTION 6.0 and 10.0), and planting allplants.
6.2. Plants that die after the execution of the contract shall be replaced by the
Contractor of the Contractor's expense according to the criteria in PART 1,
SECTION 10.0.
25
EXHIBIT A
•
6.3. Planting.`palette will conform Mae landscapeidrawings and specifications from •
the Ellis Creek WRF-Landscape.Plan,pages L-0.1 and L-0:2, available through
the City'Department of Public.Works&'Utilities', WRF'Administration Office.
6.4. The.Contractor shallfertilize plants in the Landscape Areas as indicated:
• Trees,shrubs, vines,;groundcoversand other perennials: Fertilize in March or
April with a slow-release"bridge"or natural-organic fertilizer.
*.Ornamental grasses: Fertilize in October with a.well-balanced slow release
fertilizer'as required to provide vigorous deep rooting and a healthy green
• appearance?yea'r around.
6:5. The LandscapeAreas shall be kept neat, clean and free of weeds, litter, and
trash yearround. These areas shall be inspected and maintained monthly.
6.6. The irrigation system shall be inspected monthly, and maintained according to
PART 1,SECTION 1.0.
6.7. Trees shall be pruned according to the criteria in PART 1, SECTION 7.0
annually.
6.8. Palm trees shall be pruned annually to remove dead or structurally hazardous
fronds and maintain a neat appearance.
6.9. Tree stakes;and guys shall be inspected andadjusted'tvvice annually.
7.0 NATURAL LANDSCAPE AREA MAINTENANCE
Natural Landscaped Areas are those that have 'been hydroseeded with native grassland
species and.are maintained"to provide a natural, open space setting;There.are native tree
•
and shrub species planted in`various locations within the Natural'Landscape Areas. Natural
Landscape;Areas are'identified Yin.Attachment A.
7.1. The Contractor shall mow the Natural Landscape Areas according to the
schedule in'Table 1 (PART 1, SECTION 2;0). The vegetation shall be mowed
to'a height of 2-6 inches above the ground.
7.2. Trees andshrubs•shall be maintained'through,annual:pruning, and readjustment
of stakes and guys(PART 1. SECTION 7.0).
73. Dead,plants'shall;be replaced annually'insthe fall. The Contractor shall replant
plants-that aredead at.the time of execution of the contract-using.plants paid for
by the City. The Contractor is responsible for ordering, transporting,:inspecting
for proper health (according to PART 1, SECTION 6.8and 10:0) and planting
MI plants.
7:4. Plants that die after the execution of the contract shall be replaced by the
Contractor'at the Contractor's expense according to the criteria in PART I,
SECTION 10.0.
7:5. The irrigation system shall be inspected monthly through the dry season
(March-October),Minor repairs shall be taken care of immediately. Any major
changes or repairs to the existing irrigation system shall be conducted in
accordance with specifications provided in PART 1, SECTION 1.0.
7.6. Contractor shall assess need, and provide recommendations for additional
fertilization or mulch required in these areas.
26
EXHIBIT'A •
8,0 WATER CONSERVATION:DEMONSTRATIONGARDEN MAINTENANCE
This .garden is located behind the WRE".Office:.Building surrounding the recycled water
reservoir. This area is identified in_Attachment A- Contractor shall:provide a,separate line
item when issuing invoices so work performed in this area can be billed to the Water
Conservation-Program.
8.1. Replanting,of this.area will be performed annually as needed. Plants will be
provided by the City.
8.2. The'Contractor.shallkeep the Water'Conservation Garden neat, clean and free
of weeds and•trash yearround. Additional mulch shall be applied as needed.
This•area shall be:inspeeted'and%maintained biweekly:
83. Shrub pruning shall he carried out by the•Contractor as needed according to
PART 1, SECTION 7.0.
9.0 OXIDATION PONDS
The Oxidation.Ponds,are located on the northeast side of Ellis Creek and consist of Ponds
1-10. Ponds.1-8 are to'.be maintained free of Vegetation'both within the pond and on the rip-
rap banks while Ponds 9:and lane vegetated-with native wetland plants that perform water
treatment functions. This area is identified'in',Attachment A.
91. Contractor shall review design drawings for each WRF area prior to
commencing work. There are guy wires to hold aerators that need to be
identified and heeded during maintenance activities. -
9.2. Access to Oxidation Ponds is controlled by security gate.. Contractor shall
coordinate with City of Petaluma WRF°Environmental Services Supervisor or
Operatioiis':Supervisor to obtain access codes and approval for entry.
9.3. Vegetation management is restricted to the Oxidation Ponds, dirt roads, and
pond perimeters. The adjacent Canal C and other salt marsh wetland habitat are
to remain' undisturbed by vegetation riiaoage'ment activities, regardless of
method.
9.4. Conduct vegetation management for the upland areas surrounding the
Oxidation Ponds 1-10 twice a year: Vegetation management can be carried out
by.mechanical.methods.
9.5: Tree and woody;plant removal (other than intended wetland plants in Ponds 9
and 10)shall be carried out once annually.
916. Ponds 1-8:"All vegetation'shall be removed within the interior of the ponds
once annually per schedule in PART I, SECTION 5.0.
9.7. Ponds 9 and 10: Weed maintenance is covered under a separate maintenance
contract at.thisiime.
10.0• MASCIORINI RANCH HOUSE
The Mascio rini Ranch House is located at 4404 Lakeville Highway and, as of 2008, is
considered part of the Ellis Creek Water. Recycling Facility. This area is identified in
Attachment.A.
10.1. The area surrounding•the house will be mowed annually for fire prevention according
to the schedule in Table I (PART I, SECTION 2.0). •
•
•
27
EXHIBIT`A
•
70.2. Existing,'vegetation (trees and shrubs),shall;be maintained and pruned per PART t,
SECTION-7:0.
11.0 SHOULDER AREAS/+FENCELINE MAINTENANCE
Shoulder areas are:those that border roads,parking areas and trails and were hydroseeded at
the completion of facility construction. Shoulder areas are identified in Attachment A.
11.1. The Contractorshallimplement weed management as,needed. Biannual mowing will
be scheduled to:accomplish-both fire control and'weed maintenance objectives.
11.2. Weed maintenance.shall"be carried out for fire control along all shoulder areas and
linear edges of the roads and parking areas according to-the schedule in Table 1
(PART I,•SECTION'2.0). The vegetation shall be mowed`to aheight of 2-6 inches
above the ground,,to'be in conformance with-fire control requirements.
11.3. Mowing for fire suppression shall be implemented along the WRF property line.
Contractor shall mow vegetationto a height 012-6 inches-above the ground within an
area five feet within fencelince. Where no 'fence is established (between the
Masciorini° House and the Oxidation Ponds), the City of Petaluma WRF
Environmental' Services Supervisor or designee- shall stake the property line, or
accompany the,Contiactor-in the field to identify the property line.
11.4. Perennial pepperweed;in.the shoulder area between Ponds A-C and Pond D shall be
treated immediately with approved herbicide upon',execution of this scope. This area
of pepperweed infestation;is,shown in,Attachment A; Figure 1. The most effective
herbicides used to.,treat perennial pepperweed include chlorsulfuron (as TelarA®)
and imazapyr (as.ArsenalA®). Neither of these are approved for use in aquatic
systems, so the treatment time will have to be closely, coordinated to ensure that
aquatic resources are not affected. All specifications in PART 1, SECTION 4.0 shall
be followed for treatment of perennial pepperweed.
12.0 CATTAIL REMOVAL.AREA
Cattail,Removal Area includes approximately one (I) acre within and adjacent to a small
drainage. This arewis tidally^influenced, and is considered"waters of the US". This area is
identified in,Attachment A.
12.1. Contractor,shall hand cut seed/flower heads from cattails during later'Summer/ Fall
(Fall-Noveitibe?). All plant material shall be bagged-and immediately removed from
site.
12.2. Chemical treatment is not authorized at this location; no herbicides shall be sprayed
at this location.
28
•
EXHIBIT B-1 `
PROPOSAL/CONTRACT'for Landscape Maintenance Services
Landscape Proposal/Frequency; Manpower and Time
The following prices must bein;accordance with terms, conditions and work specifications
•
contained herein.
.a f r rt�j�`•,°f?,�.y�'.1',.ysu�'r r"F`s W u'k-r ti"���.M t+"-�3^.-.�r' 5"S l"�>`Y d`iY��n��i-v x T i°.nr7'''��rc 7''r' s: $ 9'i "w " a ,. Psi't i r..,t P.m r rh IC e
a
7}{-
itr ,?11 " s� �Y�2�
'* Number Hour(y t Hou rs Month*.s �� � & of INSSA4 Rate Perfr„ 1Contracts
f fa
'rTa sk.Y ro ^Fre uenc y, Personnel (Person " =Semce Months Term .
W g.f�t�{s2.4 (X�S £:1 c Ang � r r
BASE BID
Irrigation System Maintenance
Visual'inspection during dry season: 1 X:Month 1 $42.00 17 $ 42.00 $714
Irrigation head, nozzle and valve
cleaning during dry season. 1 X;Month i 1 $42.00: '.17 $42.00 $ 714
•
Mowing"
Enhanced Wetland 2 X Year 3 $'38.40 69 $ 157 $ 2,669
Mitigation Wetland 3.X Year 3 $ 38.40 131 $ 297 $ 5,049
Ellis Creek Enhanced Area and
Crossings 2 X Year 3 $3&.40 68 $ 154 $ 2,618
Levees(Exterior) 2 X Year 3 $ 38.40 61 $ 138 $ 2,346
Levees(Interior) 2 X Year 3 $ 38:40 100 $ 227 $ 3,859
Natural Landscaped Area 1iX"Year 3 $ 38:40 81 $ 182 $ 3,094
Masciorini Farm House 2XYear 3 $ 38:40 14 $32 $ $44
Parking Area 7 X Year 3 $ 38.40 23 $ 51 $867
_ r .
Shoulder 2 X Year 5 $38.40 346 $ 781 $ 13;277
Fenceline 4X Year . 3 $38:40 33 $74 $ 1,258
Oxidation Ponds 2 X Year 5 $ 38.40 1402 $ 3,168 $ 53,856
29
EXHIBIT B=1
e .
ka t^K v.,,;;�m < ' t ,y p` f �,` .'., ,T'M+"vc a } ,>c�Y'}-.;. a :vim,: i r
5.,i'h9 1 yr „r / `F' {„� � sPri Daily f'-j Pncel17.
i.s 'a r�} `k-i';yr- a z ' °�' '�p�`'" �^' >�k�� �1 t� t'�'r r�'�
� �x � "Number Hourlytn .Hours Month
aYm""''xi3 �,. €.,ttNas� 2 �" t�'�r�SS,,� ' k�.r<' a' A ./ ofT 't t�j(. Rate Per of'" '�v rflce , jContract ".
ryTh (rr. ).�� �45� k�,,fr ry r�'.[frFY,. ei ,3 ,,ai rta KY= Ik..,'Sa'
x �Taske z, _ , Frequency Personnel Person . Service Month Term
� }>^'4+Ti �v�u��-"S"Yi pw`� # _'�^` �tiTa: ra Rx�T.'. ii �F Zyi":w l,� '; r #yc #
��_rd.:e�a14.�'slFii.btmrc- '�CS� u"s 1r`}� ✓•ann.��*� °s�2.' z r �''�rw °s�K..�. ' .k"�sv�as.ra�mb`��t3�3.; �Xx.2i,"-z�
BASE BID
Integrated Pest Management
visual'inspections 1 X Month 1 $42:00 17 $42 $ 714
Weed Abatement(mechanical;&
hand removal) including.Cattail
removal 24'X Year 5 $ 38.40 1,235 $ 2,791 $47,447
Pesticide Application
•
Chemical Weed Control 4`X Year 2 $ 65:00 623 $ 2,389 $40,613
General Replanting
Replacement of plants as needed. 1 X-Year 1 $'50.00 35 $ 104 ( $ 1,768
Pruning
General pruning and tree
maintenance. 1 X Year 1 $4200 10 $ 25 $425
Water Conservation Demonstration
Garden shrub maintenance. As needed 1 $'42.00 4.25 $546 $ 9,282
Mulch Replacement
•
General mulch replacement. 1 X Year 3 $ 45.00 115 $ 304 $ 5,168*
Water delivery to South crossing
area during dry season. 2 X Month 1 $38:40 86 $ 195 $ 3,315
Base Bid Total $12,905 i $219,385
* Based on 243 cubic yards. Material provided by customer.
30
EXHIBIT':8 1
. r-c sa a @ . J rT( �, ry
�vv �^`� t? �i � } J' 4pF�� "h a� �* '� � Price/ 17 ,,,=•:`
,-34
.A' ' t as v "MCroo"n>ttrh
`' zer:+''y � ANA:fr ca.
.E.c'
r
a SYI`
EQUIPMENT AND i ,t - : ,
S�"� w�� - ��" reY ( �'
SUPPLIES l'Frequsencyy' Description Cot m Dai Rate"f �Price/Month Term.
t G e - 1;1-
ro c aYk
Landscape Equipment
Fees
259 days Weed Eater $45.00 $686 $11,662
37 days High Weed Mower $'45.00 $98 $ 1,666
28 days Tractor Mower $1.75:00 $ 292 $4,964
20 days Water Tank $75.00 $88 $1,496
Supplies
Chemical—herbicide
(included) $ $ $
$ $ $
$ $ $
$ $ $
Misc.
$ $ $
$ $ $
Prices included in $ $ $
Bid Items Total Base BID
3(
•
EXHIBIT;B 2,
August;6,2013
NO_TICE:'.OF REQUEST FOR PROPOSALS (RFP)
FOR
ELLIS;CREEK WATER RECYCLING:FACILITY
LANDSCAPE MAINTENANCE SERVICE
NOTICE IS HEREBY GIVEN THAT the City:of=Petaluma is seeking proposals for Landscape
Maintenance Service for the Ellis Creek,Water Recycling Facility, which is more particularly
described'in•the Proposal/Contract and Specifications:
A mandatory pre-proposal conference and walk-through will be held Wednesday, August 21,
2013, at 10:00 a.m. All Contractors shall meet onesaid date and time at the,City of Petaluma,
Ellis Creek Water Recycling Facility,:3890 Cypress Drive,;Petaluma, California.
The facilities to be 'maintained' are described in the specification section of this proposal.
Proposers are requested to investigate and to become familiar with the facilities and their
conditions. Failure to do so will not be grounds for the statement on the part of the Contractor
that they did,not understand'the.conditions of the proposal.
Inspection of the facilities, the mandatory pre-proposal' conference and site inspections are
detailed in the General Provisions. For additional information concerning services to be
provided contact:
Lena Cox
Environmental Services Supervisor
Public Works and Utilities
City of Petaluma
Address: 3890 Cypress Drive
Petaluma,CA 94954
Telephone: (707) 776-3729
Fax: (707) 776-3746
E-mail: • lcoxaci.petalurna.ca.us
Proposal Due Date: September 9,2013,,at 5:00 p.m. at the City of Petaluma, Ellis Creek Water
Recycling;Facility, 3890 Cypress Drive, Petaluma, California.
PROPOSAL/CONTRACT FOR'LANDSCAPE MAINTENANCE SERVICE
The following prices should'be in,accordance with terms, conditions and work specifications
contained herein:
BID TOTAL Total Monthly Cost Total Yearly Cost.
Landscaping services for the, Ellis Creek
Water Recycling Facility(total net charge)
$ 12,905:00 $' 154,860.00
Page 2
32
•
•
•
EXHIBIT-B--2
PROPOSAL/CONTRACT for Landscape Maintenance Services
Landscape Proposal/Frequency,Manpower and Time
The following prices must be in accordance with terms,conditions and work specifications contained herein,
•
asah 41t . c• F , Numtler ;Heouy rs Ra' teDaa Hous 8y -,s e .
Tsk,$.a�11-;: a1._.1 , � :F.. I uuac y r Patwn' e�"yq erP ry; ari;oF§ewice� Pnedikrian t& �i PncKa r�-'
HASH 310 `
Irrigation System.Maintenance _ . .. I
Visual inspection during dry season I X Month I 1 .$.42.00... _ 12 . s 42:00' S 504.00
Irrigation head,none and valve
cleaning during dry season. IX Month I 1. $ 42.00. 12_ $ 42.00 g 504.00
Mowing_
Enhanced Wetland I'2X Year 3 5:38.40 49 .$ 157.00
'$ 1;8&600 ,
Mitigation Wetland 2X Year '3 S 38.40 _ 93 .$ 297.00 ;$ 3,564.00
Ellis Creek Enhanced Area and
Crossings 2 XYear • '3 $ 38.40._ 48 - . .5 154.00 '5 1,848.00
levees
(Exterior), 1X-Year . _ 3 $ 38.40 43 .. . 5 •138.60 �S 1,656.00
Levees(Interior). . ' 72 X Year.
3 ( S 38.40 71 $ 227.00 $ 2.T24.00-
,NaturalIandscaped'Area .i 'X Year 3 S 38,40 ,57 . $ 182.00 ''5 2,184.00
Masciorini-FannHouse:' 2 X,Year I_ 3 S 38.40 10 $ 32,00.. .$ 384.00)
Parking Area S.38.40 16 $ 51.00. . .s 612.00
'Shoulder. 2 X Year ,5. . $ 38.40 244 '.5 781.00 '5 9,372.00
Fenceline 4 X Year: 9 - '$ 38.40 • . 23 .. $' 74.00 S 888.00
Oxidation Ponds 2XYear 5 $ 38.40 ..990 5'3,168:00 ' $38,016.00
Integrated Pest Management - -
Visual Inspections .. ' - - 1X-Month I IS 42.00 12 $ '42.40 $ 504.00
Weed Abatement(mechanical&hand 5 - -
,t-removal) 24 XYeaz , $ 38.40 488 . $-1,562.00 $18,744.00
'' 'Pesticide Application ' _. .
1 Chemical Weed Control. . 4XYear' i 2 I $ -65.00 440 $':2,389.00 . $28,668.00
I ''General Replanting
'i Replacement ofPlautsat needed.. 1X+Year.. 1 $ 50.00. 25 .. . ,5.10400 . x $=1,248:00'"
1 "based on 100 five j6)gallon piants:
1 Integrated Pest Management WEED ABATEMENT cont .
�` Cattail removal'` 5 • $ 38.40 384 $ 1,229.00 $ 14,748. Page 3'
33
•
•
EXHIBIT B 2',
Numb er of Hourly Rater'?-
Servica..iteitcel6Tonth` •PricefYear,r,y
�Ta"f�d _1' `�,'�.,ri. ., .� .�.,,�Fre0.dencY's„. •{.PersaoncC��, � � � .:� M� . y.:
•
Pruning
General pruning and tree maintenance. ''l X Year 1 S 42.00
Water Conservation Demonstration '� $ 2500 $ 300.00
Garden shrutimalatenance. As needed • T. ,S 42.00 3 $ 546.00 'S 6,552.00.
Mulch Replacement
- _
Genial mulch replacement FX Year. 3 s 45.00 81: s 304.00 $ 3,648.00*
Water delivery to South crossing area
during dry season. :2X Month , _ 1 S 38.40 61 $ 195.00 $ 2,340.00
Base Bid Total S 5 12,905.00 5154,860.00 a---__
based on 243 cubic yards. I
Material provided by customer.]
• I
EQUIPMENT.AND SUPPLIES Ercquency Descripttoni, k`'1: ti DnBy Ra(87, y:%'Pnce(Morith PrtceJYear.-„'',(,
Landscape Equipment Fees
'.183 Days _ Weed Eater - 5 .45.00, $ ,686. s 8,132.00 i
• 26 Days High Weed Mower .5. 45.00` $ 98: $ 1,1(6.00 , iincluded
t ._ ",�L `- $,:_ -es r$ .92. . $ 3504.00 1 above
e r • - 81 $.. 88. S 1 056.00
Supplies
Chemical(included) $ S 5
S. - S '$
..... S.
Mise...
$ $.
•
Sld Items Total $ S' $
Page 4
•
34
•
EXHIBIT B-2
PROPOSAL/CONTRACT
FOR
LANDSCAPE;MAINTENANCE?SERVICE
CONTRACT PERIOD: Proposal to cover November!1,2013 through June 30,2015
Proposal Announcement Date: August 6,2013
Proposal Due Date: September 9, 2013,no later than 5:00 p.m.
Name and Address of Proposer: Signature of Person Authorized to Sign:
Cagwin&.Donvard /, uGL
P.O. Box 1600,.Novato,CA 94948 Contractor's License No. 202399
If applicable
Phone Number: Please Type Signer's Name and Title
415-892-7710 Sarah.Dunia
September 9,2013 Regional-Sales mana er Date of Pro p osal:
Page 5
35
PREVAILING WAGE
EXHIBIT C
HOURS OF WORK:
A. In accordance with,California.Labor Code Section,1810,.eight(8) hours of:labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the Services islimitedtto eight hours during any one
calendar day,and forty hours during any one calendar week, except in accordance with
California Labor Code,Section 1815;.whichprovides that.work':inexcess of eight hours
during any one calendar day'and forty hours durings,anyone calendar week is permitted
upon compensation for'all hours worked in excess of eight hours during:any one calendar
day and forty hours during any.one calendar week at-not less than one-and-one-half times
the basic rate of pay.
C. The Consultantandits,subconsultants shall forfeit as a penalty to.the City $25 for each
worker employed in•the performance of the Services for each calendar day during which
the worker is required of permitted to work more.than eight (8) hours in any one calendar
day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code=Section 177.3.2, the City has determined the
general prevailing wages in the locality in whichthe Services are to be performed for
each craft or type of work needed to be,as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and Research, a copy of
which is on file with the:City.and shall be made available on request. The Consultant and
subconsultants engaged(in the performance•of the Services'shall pay no less than these
rates to all persons'engaged in performance of the Services.
•
B. In accordance with Labor Code Section 1775,the Consultant and any'subconsultants
engaged in performance of the Services shall,cotrtply'Labor Code Section'1775::which
establishes &penalty of up to $50 per day for each worker engaged in the performance of
the;Services that the Consultant or any subconsultant pays less than the specified
prevailing wage. The amount of such penalty shall be determined by the'Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Consultant,or subconsultant in failing to pay the correct rate of prevailing
wages; or•the.previous record of the Consultant or subconsultant in meeting applicable
prevailing wage obligations, or the willful,failure by the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake,'inadvertence, or neglect in failing
1
Prevailing Wage Exhibit For service Agreements
Provisions Required Pursuant to California Labor Code§ 1720 el seq.
(March 2013)
36
to pay the correcfrate.of prevailing wages'is,notekcusabie if the Consultant or
subconsultant°had knowledge;of their'obligations under the California Labor Code. The
Consultant or subconsultant shall-pay the difference between the prevailing wage rates
and'the amount paid to each worker for each calendar day or portion thereof for which
each worker was paid less than the prevailing wage rate. If a subconsultant worker
engaged in performance of the Services is not paid the general prevailing per diem wages
by the subconsultant, the Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the!Consultant fails to comply with all
of the following:requirements:
1. The Agreement executed between the Consultant and the subconsultant for the
performance of part of the Services shall include a copy of the provisions of
California Labor Code Sections 1771, 1775, 1776„1777.5, 1813, and.1815.
2. The Consultantshall monitor payment of the specified general prevailing rate of
pet diem wages by the subconsultant by periodic review of the subconsultant's
certified payroll,records.
3. Upon becoming'aware of a subconsultani's failure to pay the specified
prevailing rate of wages,the Consultant-shall diligently take connective
action to,halt or rectify the failure„including,.but not limited to, retaining
sufficient funds due the subconsultant for performance of the Services.
4. Prior to makinwtinal payment to the subconsultant;the Consultant shall obtain an
affidavit signed:,under penalty of perjury'from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per diem wages
employees engaged in the performance of the Services,and any amounts due
pursuant.toCalifornia Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultanttengaged in performance'of the Services, shall keep accurate payroll records
showing the,name, address, social security number, work classification, straight time and .
overtime,hours worked each day and week, and the actual diem wages paid to each
journeyman, apprentice, worker, or other employee employed in performance of the
Services. Each payroll record shall contain or be verified by a written declaration that it
is made under penalty of perjury, stating both of the following:
I. The'information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code`Section 1776 shall be
certified and shall?be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standard's of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776.
2
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code§1720 et seq.
(March 2013)
37
D. In accordance':wlth.California Labor'Code Section 1777.5,.the.Consultant, on behalf of
the Consultant and any subconsultants engaged°in performance ofthe'Services, shall be
responsible forensuringi compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subconsultant engaged in
performance of the Services to employ on the Services any person in a trade or
occupation (except executive, supervisory, administrative, clerical, or other non manual
workers as such) for:which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the.Consultant shall pay the minimum rate of
wages specified therein.for the classification which most nearly corresponds to Services
to be performed by that person. The minimum rate thus,furnished shall be applicable as a
minimum for such trade or occupation from the time:of the initial employment of the
person affected and.duringthe continuance of such employment.
3
'Prevailing Nam Exhibit for Service Agreements
Provisions Required Pursuant to California labor Code§,1720 et seq.
(March 2013)
38
•
EXHIBIT D
ACKNOWLEDGEMENT AND CERTIFICATION43URSUANT 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 finaricia]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 ,36.120 as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
• Acknowledge'thatthe 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 immediatelyprior 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 shalt certify that its employees are paid a living wage that is consistent with
Petaluma Municipal'Code Chapter8i36
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 thattthe person executing
this Acknowledgement and'Certification is authorized to bind the covered entity`as'to the matters
covered in this Acknowledgment and Certification.
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LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(March 2013)
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SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D: Ellis Creek Water Recycling Facility Landscaping Services
Date:
(Print Name of Covered Entity/Business Capacity)
By
(Print Name)
(Signature)
Its
(Title/Capacity of Authorized Signer)
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LIViNG WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(March 2013)
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REPORT OF'CHARGES,,COMPLAINTS; CITATIONS AND/OR FINDINGS
PURSUANT TOPETAL:UMA MUNICIPAL CODE SECTION 8:36.120
FOR EACH WAGE,HOUR,COLLECTIVE;BARGAINING, WORKPLACE SAFETY,:ENVIRONMENTAL OR
CONSUME R'PRO FECTION 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 HOUSJNG,DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH(OSHA) CALIFORNIA DEPARTMENT:OF INDUSTRIAL..RELATIONS (LABOR
COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS
BOARD, WHICH[
• AFFECTS YOU ASA-PROSPECTIVE CONTRACTOR, SUBCONTRACTOR,LESSEE,FRANCHISEE
AND/OR PARTY TO ANY CITY OI?PETALUMA AND/OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION-FUNDED AGREEMENT-OR BENEFIT`SUBJECT TO PETALUMA
MUNICIPAL.CODE CHAPTER 8 36.(LIVING WAGE ORDINANCE),.AND
• HAS BEEN FILED OR'PRESENTED,TO YOU WITHIN THE TEN YEARStIMMEDIATELY PRIOR TO TLIF
BID,PROPOSAL, SUBMISSION OR REQUEST FOR-WHICH'THIS-ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE,ii IL REGULATORY AGENCY OR COURT MAKING TLIE CHARGE,
COMPLAINT, CFFATTON OR FINDING,TTTE.SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE'.COMPLAINT,CITATION OR FINDING.
IF NONE, PLEASE STATE`-NONE":
ATTACH ADDITIONAL PAGES IF NEEDED:
Date:
Regulatory Agency or Coltrt:
Subject Matter:
Resolution, ifany:.
Expected resolution,if known:
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LIVING WAGE-ACKNOWLEDGEMENT
AND CERTIFICATION
(March 2013)
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INSURANCE REQUIREMENTS
EXHIBITE
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' performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors.
A. Minimum Scope of Insurance
Coverage shall beat least as broad as:
I. 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 requiredbythe City.
•
C. Deductibles and,Self-Insured:Retentions
Any deductibles or self-insw-ed 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.
Exhibit E •
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INSURANCE REQUIREMENTS(City)
March 2013
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P. Other Insurance Provisions
The required general liability'and automobile policies are•fo contain, or he 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 and7completed-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, 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 inlimits 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 anyway 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:V II.
F. Verification of Coverage
Consultant shall furnish the City with original endorsementsieffecting 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.
Exhibit E
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INSURANCE REQUIREMENTS(City)
March 2013
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