HomeMy WebLinkAboutStaff Report 3.B 09/19/2016Agenda Item #3.B
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DATE: September 19, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Da 'S-40, A CE Director, Public Works and Utilities
SUBJECT: Resolutic "Authorizing Award of Contract for Landscaping for the Denman
Reach Phase 3 Improvements Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing Award of
Contract for Landscaping for the Denman Reach Phase 3 Improvements Project.
BACKGROUND
The Denman Reach Phase 3 project includes flood terracing, wetland restoration and creation,
and continuation of the trail system constructed in Denman Reach Phases 1 and 2. The grant
agreement for the River Parkways and Urban Streams Restoration Program for the Denman
Reach Phase 3 project was executed by the State of California on June 14, 2013. In order to be
eligible for the grant, the Urban Stream Restoration Program requires agencies to partner with a
501(c)(3) agency. The City Council has approved listing the Conservation Corps North Bay
(CCNB) as the City's grant partner on the project. The CCNB is the oldest youth conservation
corps in the country, serving Marin and Sonoma Counties since 1983. CCNB has helped nearly
10,000 young men and women break the cycle of poverty through education and job skills, while
serving the environment and community through the many different services they provide
including natural resources restoration.
On July 18, 2016, City Council awarded the construction contract for Denman Reach to Team
Ghilotti, Inc. and was informed that a request for award of contract with CCNB for the
landscaping portion of the project was forthcoming. CCNB will begin their phase of work once
Team Ghilotti is substantially complete with their portion of the project, which is estimated to be
early November.
The proposed item meets Council Goal: "Plan for and implement priority capital projects as
funding permits."
DISCUSSION
City staff has been working with CCNB since the earliest stages of design of the project to
determine which portions of the Demean Reach project would fit with their expertise and work
with other construction components. It was not until the project was in the final stages of design
that CCNB and City staff came to agreement on the portion of work they could perform within
the total project budget. As a grant co- sponsor, CCNB contracts are not required to be
competitively bid, but they need to show that they can do the work for less than the project
estimate. CCNB's anticipated cost for the work is on par with the contractor bid alternate prices.
Actual costs will be based on time and materials spent to complete the work.
CCNB's work will include the installation of 600 linear feet of post and cable fence, planting
approximately 100 native shrubs and planting approximately 195 native trees. Upon completion
of the landscape work, the City will install two interpretative displays along the terracing portion
of the site and procure a one -year landscape maintenance contract for the project.
The project was approved concurrently with the adoption of a Mitigated Negative Declaration,
through Resolution #2012 -138 N.C.S. adopted by the City Council on September 10, 2012.
Construction is scheduled to begin in late October weather conditions permitting. Construction
management will be conducted by City staff with assistance from Questa.
FINANCIAL IMPACTS
On July 18, 2016, City Council amended the total project budget to $3,108,000, which included
the anticipated CCNB Landscape Contract in the not to exceed amount of $90,000.
The following is a breakdown of the approved project budget as of July 18, 2016 and the subject
contract expense is included in the "Landscaping /Kiosks" line item. The proposed action has no
unanticipated impact on the City budget.
I
Uses
7/18/16
Approved
Budget
Design
$
236,681
Legal
$
4,000
Land Acquisition
$
1,045,000
Construction Contracts
$
1,234,007
Landscaping/Kiosks
$
136,000
Regulatory Permits
$
37,312
Construction Management
$
130,000
CIP Overhead
$
44,000
Administration
$
1,000
Project Contingency
$
240,000
TOTAL
$
3,108,000
Funding Sources
Waste Water Capital
$
84,000
Water Capital
$
84,000
Storm Impact Fees
$
370,000
State Grants
$
1,015,000
SCWA Zone 2A Assessments
$
512,000
Dept of Water Resources Grant
$
993,000
Sonoma Open Space Grant
$
50,000
TOTALI
$
3,108,000
Note: City staff salary and benefits costs are included in appropriate project
phases for the project.
ATTACHMENTS
1. Resolution
2. Location Map
3. Landscape Agreement with Conservation Corps North Bay
Attachment 1
RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR LANDSCAPING FOR
THE DENMAN REACH PHASE 3 IMPROVEMENTS PROJECT
WHEREAS, the City of Petaluma will be restoring and creating additional wetland
habitat as part of the Denman Reach Phase 3 Improvements Project; and
WHEREAS, on October 28, 2008, City Council approved a grant application for the
River Parkways and Urban Streams Restoration Program for the Denman Reach Phase 3 Project;
and
WHEREAS, in order to be eligible for the grant, the Urban Stream Restoration Program
requires agencies to partner with a 501(c)(3) agency; and
WHEREAS, on December 15, 2008, City Council approved listing the Conservation
Corps North Bay (CCNB) as the City's grant partner on the project; and
WHEREAS, CCNB's work will include the installation of 600 linear feet of post and
cable fence, planting approximately 100 native shrubs and planting approximately 195 native
trees; and
WHEREAS, contracts with CCNB are not competitively bid, therefore the City has
negotiated with CCNB for a total not to exceed amount of $90,000; and
WHEREAS, the City has approved a capital improvement project in the amount of
$3,108,000 for the implementation of the Denman Reach Phase 3 project; and
WHEREAS, the project was approved concurrently with the adoption of a Mitigated
Negative Declaration through Resolution #2012 -138 N.C.S. adopted by the City Council on
September 10, 2012.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute landscape contract agreement with
CCNB for a total not to exceed amount of $90,000.
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Attachment 2
DENMAN REACH PHASE 3 PROJECT
PROJECT NO. C00500208
LOCATION MAP
Date :SEPTEMBER 19, 2016
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Exhibit 1 to Resolution
Landscape Agreement
LANDSCAPE AGREEMENT
Denman Reach Phase 3 Landscaping Contract
(Title of Project)
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or contracts with multiple accounts:
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THIS LANDSCAPE AGREEMENT (this "Agreement') is entered into effective as of
, 20 ( "Effective Date ") by and between the City of
Petaluma, a municipal corporation and charter City ( "CITY "), and Conservation Corps North Bay, a
California non - profit corporation ( "CONTRACTOR "). CITY and CONTRACTOR are hereinafter
referred to collectively as the "PARTIES."
WHEREAS, CONTRACTOR has the skills, experience and qualifications necessary to carry out the
Services as hereinafter described; and
WHEREAS, CITY wishes to engage CONTRACTOR to provide the Services upon the terms and
conditions described herein, and CONTRACTOR wishes to provide such Services to CITY.
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the PARTIES hereby agree as follows.
Scope of Work; Services.
(a) CONTRACTOR shall provide the services ( "Services ") described in Exhibit A,
entitled Denman Reach Phase 3 Landscaping Contract, attached hereto and
incorporated herein, for Landscape Area(s) Demean Reach Phase 3 upon the terms
and conditions herein provided. Notwithstanding the foregoing, to the extent that any
provision(s) in Exhibit A conflict with any of the terms and conditions set forth in
this Agreement, the terms and conditions of this Agreement shall control and take
precedence over any such conflicting provision(s).
(b) CONTRACTOR shall be compensated for work in addition to that described in
Exhibit A only if CONTRACTOR and CITY execute a written amendment to this
Agreement describing the work to be performed and the compensation to be paid for
such work.
2. Schedule for Performance.
(a) CONTRACTOR shall commence performance of the Services within seven (7)
calendar days following the date CITY provides written notice to CONTRACTOR to
proceed, and shall provide the Services in accordance with Exhibit A.
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(602532) August 2016 6
(b) CONTRACTOR shall complete performance of the Services within thirty (30) days,
with such extensions of time, if any, as may be approved in writing by CITY.
(c) CONTRACTOR shall notify CITY as soon as reasonably practicable if
CONTRACTOR is unable to comply with the time period or any part thereof.
3. Compensation.
(a) CITY shall pay CONTRACTOR for completion of the WORK based on time and
materials in accordance with the services specified in Exhibit A. Such compensation
shall be made in monthly installments following CITY's receipt of
CONTRACTOR's invoice for each such installment. The written approval of the
City Manager or'his /her authorized designee shall be required for the payment of
compensation exceeding the CITY's approved annual budget for the Services. In no
event shall total compensation paid to CONTRACTOR pursuant to this Agreement
exceed the sum of $90,000 without the prior written approval of the City Manager.
(b) CONTRACTOR shall submit written invoices to CITY's designated project contact
person and shall include with each invoice:
(i) a narrative describing the Services completed during the period covered by
the invoice;
(ii) a revised schedule for performance, if applicable;
(iii) copies of receipts for any supplies or materials for which CONTRACTOR is
requesting reimbursement, provided such reimbursement has been pre -
authorized in writing by CITY; and
(iv) any additional documentation requested by CITY.
(c) CITY's obligation to pay compensation to CONTRACTOR as provided herein is
contingent upon CONTRACTOR's performance of the Services pursuant to the
terms and conditions hereof.
4. Prevailing Wages.
(a) Contractor represents and warrants that it has been certified as a Community
Conservation Corps by the California Conservation Corps pursuant to Section
14507.5 of the Public Resources Code and therefore work performed by it is exempt
from Division 2, Part 7, Chapter I of the California Labor Code.
(b) Except to the extent such services are performed by volunteers, a volunteer
coordinator, or by a Community Conservation Corps within the meaning of Labor
Code section1720.4, Contractor shall pay to persons performing labor hereunder an
amount equal to or more than the general prevailing rate of per diem wages for
(i) work of a similar character in the locality in which the work is performed, and
(ii) legal holiday and overtime work in said locality. The per diem wages shall be an
amount equal to or more than the stipulated rates contained in a schedule that has
been ascertained and determined by the Director of the State Department of hldustrial
Relations and Water Agency to be the general prevailing rate of per diem wages for
each craft or type of workman or mechanic needed to execute this Agreement.
Contractor shall also cause a copy of this determination of the prevailing rate of per
diem wages to be posted at the site where work is performed. Copies of the
prevailing wage rate of per diem wages are on file at the Water Agency's office and
will be made available to any person upon request. Pursuant to Section 1861 of the
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Labor Code, Contractor represents that it is aware of the provisions of Section 3700
of the Labor Code which require every employer to be insured against liability for
workers' compensation or to undertake self - insurance in accordance with provisions
of that Code, and Contractor shall comply with such provisions before commencing
the performance of the Work.
5. Term; Termination. The term of this Agreement corn ences on the Effective Date and
terminates on June 30, 2017, unless sooner terminated in accordance with the provisions
hereof. CITY may terminate this Agreement without cause upon thirty (30) days' written
notice, in which case, CONTRACTOR 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 hereof.
6. Termination for Cause. CITY may terminate or suspend this Agreement immediately for
cause. Cause for immediate termination or suspension shall include, but not be limited to,
any breach of this Agreement by CONTRACTOR, including without limitation, a breach of
any of CONTRACTOR's covenants, representations or warranties provided hereunder.
Upon receipt of notice of termination or suspension for cause, CONTRACTOR shall
immediately stop all work in progress under this Agreement. Without limiting the generality
of the foregoing, CITY may terminate this Agreement if CONTRACTOR fails to perform the
Services within the time specified or any written extension thereof. If CITY terminates this
Agreement for cause, CITY may purchase or otherwise secure services, and CONTRACTOR
shall be liable to CITY for any excess cost occasioned by CITY thereby.
7. Business Tax Certificate; Licenses and Permits.
(a) CONTRACTOR represents, warrants and covenants that throughout the term of this
Agreement CONTRACTOR shall:
(i) keep on file with the CITY Finance Department a current W -9 form available
from the IRS website (www.irs.gov);
(ii) maintain a valid Petaluma business tax certificate; and
(iii) pay all applicable business taxes.
(b) CONTRACTOR represents, warrants and covenants that, as of the Effective Date
CONTRACTOR possesses, and throughout the term of this Agreement
CONTRACTOR shall maintain, at CONTRACTORs sole cost and expense,
possession of, all licenses, permits, qualifications and approvals, which are legally
required for CONTRACTOR to practice its profession and to perform the Services.
Without limiting the generality of the foregoing, CONTRACTOR represents and
warrants that it possesses, and throughout the term of this Agreement
CONTRACTOR shall maintain, all licenses, permits and qualifications necessary for
the application of any pesticides or herbicides required to be applied pursuant to this
Agreement. CONTRACTOR shall be liable for all damages and shall indemnify and
save CITY harmless from and against all damages and liability which may arise out
of failure of CONTRACTOR to secure and pay for all necessary licenses or permits
or to comply fully with any and all applicable laws, regulations and ordinances.
(c) CONTRACTOR acknowledges that CITY has relied upon the foregoing
representations as a material inducement to CITY's execution of this Agreement.
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8. Facilities and Equipment. CONTRACTOR shall, at its sole cost and expense, furnish all
supplies and equipment necessary to the provision of the Services. No supplies or equipment
shall be furnished by CITY, nor shall CITY reimburse CONTRACTOR for any supplies or
equipment unless CITY has agreed in writing to do so.
9. Standards of Performance.
(a) CONTRACTOR shall perform all Services in the manner and according to the
standards observed by a competent practitioner of the profession in which
CONTRACTOR is engaged in the geographical area in which CONTRACTOR
practices CONTRACTOR's profession.
(b) CONTRACTOR shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of CONTRACTOR's obligations
hereunder.
(c) CONTRACTOR shall not employ for the Services to be performed hereunder any
person unfit for, or unskilled in the work assigned to him or her.
(d) The safety of all persons employed by CONTRACTOR and its subcontractors on
CITY property or elsewhere shall be the sole responsibility of CONTRACTOR.
CONTRACTOR shall take all reasonable precautions to protect the health and safety
of employees and members of the public and to minimize danger from all hazards to
life and property. Without limiting the generality of the foregoing, CONTRACTOR
shall provide all appropriate safeguards and warnings necessary to protect workers
and others against any condition on the property upon which Services are to be
provided which could be dangerous and to prevent accidents of any kind.
(e) CONTRACTOR shall comply with all local, state and federal health, safety and fire
protection regulations and requirements (including reporting requirements). If
CONTRACTOR fails to comply with any such regulations or requirements, CITY
may, without prejudice to any other legal or contractual rights of CITY, issue an
order stopping all or any part of the work, and may at CITY's discretion thereafter
issue a start order for the resumption of the Services. CONTRACTOR shall make no
claim for extension of time or for compensation or damages by reason of or in
connection with such work stoppage.
10. Inspection. CONTRACTOR shall provide the CITY reasonable opportunity to ascertain
that CONTRACTOR is providing the Services in accordance with the requirements of this
Agreement and to the satisfaction of CITY. All work done and materials fiunished, if any,
shall be subject to inspection and approval by the CITY. The inspection of such work shall
not relieve CONTRACTOR of any of its obligations to fulfill the requirements of this
Agreement. The Services, materials and supplies furnished by CONTRACTOR hereunder
shall be exactly as specified in this Agreement, free from all defects in CONTRACTOR's
performance, workmanship and materials. If, prior to final acceptance, any Services and any
materials and supplies furnished hereunder are found to be incomplete, or not as specified,
CITY may reject them, require CONTRACTOR to correct them without charge, or require
delivery of such materials, supplies, or services at a reduction in price which is equitable
under the circumstances. If CONTRACTOR is unable or refuses to correct such items within
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a time deemed reasonable by CITY, CITY may terminate this Agreement in whole or in part.
11. Independent Contractor; Contractor Not an A14ent of City. CONTRACTOR
acknowledges that CONTRACTOR and its employees and agents shall provide Services as
independent CONTRACTORs, and not an agents or employees of the CITY.
CONTRACTOR further acknowledges that CONTRACTOR is solely responsible for the
acts and omissions of CONTRACTOR and its agents and employees, and nothing in this
Agreement shall in any way be construed to constitute the CONTRACTOR, or any of its
agents or employees, as an agent, employee or representative of the CITY. CONTRACTOR
shall have no authority, express or implied, to act on behalf of CITY in any capacity
whatsoever as an agent or to bind CITY to any obligation whatsoever.
12. Conflict of Interest. CONTRACTOR represents and warrants that it presently has no
interest, and covenants that it shall not acquire any interest, direct or indirect, financial or
otherwise, which would conflict in any manner or degree with the performance of the
Services hereunder. CONTRACTOR further covenants that, in the performance of this
Agreement, CONTRACTOR will not employ any subcontractor or person having such an
interest. CONTRACTOR certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of the CITY. If CONTRACTOR believes
that there is a conflict, or such conflict arises during the term of this Agreement or any
extension, CONTRACTOR shall immediately advise the CITY and the CITY may, at its sole
discretion, immediately terminate this Agreement.
13. Assignment. CONTRACTOR may not assignor transfer this Agreement in whole or in part,
by operation of law or otherwise without the prior written consent of the CITY. Any
attempted or purported assignment of any right or obligation hereunder absent such consent
shall be void and of no effect.
14. Delegation and Subcontracting without CITY Consent Prohibited. CONTRACTOR
shall directly perform all Services, and shall not subcontract for the provision of any part
thereof without the prior written approval of CITY. Any such approved subcontractors shall
be required to comply, to the extent applicable, with the terms and conditions of this
Agreement and all of the obligations and duties imposed upon the CONTRACTOR
hereunder. All subcontractors shall be required to procure and maintain insurance coverage
as required herein and which shall name CITY as an additional insured.
15. Compliance with Laws. CONTRACTOR shall frilly comply with all applicable local, state
and federal rules, laws, regulations and ordinances governing the performance of the
Services. CONTRACTOR further agrees that if any governmental agency or entity other
than CITY provides compensation for any Services, CONTRACTOR shall comply with all
rules and regulations applicable to such fiscal assistance.
16. Nondiscrimination. During the performance of this Agreement, CONTRACTOR shall not
discriminate against any employee or applicant for employment on the basis of race, religion,
creed, color, national origin, sex, age or other basis prohibited by state, federal or local law,
rule or regulation.
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Landscape Agreement — Conservation Corp
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17. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to
this Agreement shall be made in writing, and sent to the PARTIES at their respective
addresses specified below or to such other address as a PARTY may designate by written
notice delivered to the other PARTY in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by
first -class or certified mail or by overnight delivery, or (b) a transmission report is
generated reflecting the accurate transmission thereof. Any notice given by facsimile
shall be considered to have been received on the next business day if it is received
after 5:00 p.m. recipient's time or on a nonbusiness day.
CITY: City Cleric
City of Petaluma
P.O. Box 61
Petaluma, California 94953
Telephone: (707) 778 -4360
Facsimile: (707) 778 -4554
CONTRACTOR: Director of Natural Resources
Conservation Corns North Bav
27 Larkspur Street
San Rafael. CA. 94901
Attention: Jim Chayka
Telephone: 415- 454 -4554
Facsimile: 415- 454 -4595
18. Indemnification. CONTRACTOR shall indemnify, defend with counsel acceptable to the
CITY, and hold harmless (to the full extent permitted by law) the CITY and its officers,
officials, employees, agents and volunteers from and against all claims, damages, losses and
expenses (including attorney's fees and costs and fees of litigation) arising out of or in
connection with CONTRACTOR's performance of the Services described herein, caused in
whole or in part by any act or omission of CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable, except where caused by the active negligence, sole negligence, or willful misconduct
of the CITY.
19. Insurance. CONTRACTOR and any subcontractor shall not commence work under this
Agreement until CONTRACTOR shall have obtained all insurance required under this
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Landscape Agreement — Conservation Corp
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paragraph and such insurance shall have been approved by the CITY Attorney as to form and
carrier and the City Manager as to sufficiency, nor shall CONTRACTOR allow any
CONTRACTOR or subcontractor to commence work on this contract or subcontract'until all
similar insurance required of the CONTRACTOR and /or subcontractor shall have been so
obtained and approved. All requirements herein provided shall appear either in the body of
the insurance policies or as endorsements and shall specifically bind the insurance carrier.
CONTRACTOR shall procure and maintain for the duration of the contract all necessary
insurance against claims for injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder by the CONTRACTOR, the
CONTRACTOR's agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (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: CONTRACTOR shall maintain limits no less than:
1. General Liability: $2,000,000 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 project /location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Such other insurance coverages and limits as may be required by the CITY.
C. Deductibles and Self - Insured Retentions: Any deductibles or self - insured retentions
must be declared to and approved by the CITY. At the option of the CITY, either: the
insurer shall reduce or eliminate such deductibles or self - insured retentions as
respects the CITY, its officers, officials, employees, and volunteers; or the
CONTRACTOR shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other hnsurance Provisions: The required general liability and automobile policies
are to contain, or be endorsed to contain the following provisions:
1. The CITY, its officers, officials, employees, agents and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by
or on behalf of the CONTRACTOR; products and completed operations of
the CONTRACTOR; premises owned, occupied or used by the
CONTRACTOR; or automobiles owned, leased, hired or borrowed by the
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CONTRACTOR. 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 CONTRACTOR'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 CONTRACTOR's insurance and shall not
contribute with it.
3. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
CITY, its officers, officials, employees, agents or volunteers.
4. The CONTRACTOR's insurance shall apply separately to each insured
against whom claim is made or suit is brought except, with respect to the
limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the CITY.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
F. Verification of Coverage: CONTRACTOR shall furnish the CITY with original
endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the CITY. All endorsements are to be
received and approved by the CITY before work commences. As an alternative to the
CITY's forms, the CONTRACTOR's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage
required by the CITY.
20. Amendment; Waiver. This Agreement may be amended only by a written instrument
executed by both PARTIES. Neither the CITY's failure to enforce, in whole or in part, any
right, remedy or privilege hereunder, nor the CITY's delay in the exercise of any such right,
remedy or privilege shall operate as a waiver thereof, nor shall any such failure or delay
operate as a waiver of any similar provision. No waiver in any particular instance shall
operate as a continuing waiver, and no waiver of any provision hereof, shall be binding
unless it is executed in writing by the Party malting the waiver.
21. Disputes. The PARTIES agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The PARTIES
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
22. Entire Agreement. This Agreement, together with Exhibit A which is incorporated herein
by this reference, constitutes the entire agreement between the PARTIES with respect to the
subject matter hereof and supersedes all prior agreements and understandings, oral or written,
between the PARTIES with respect to the subject matter hereof.
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23. Construction; Headings; Severability. The PARTIES acknowledge that this Agreement is
the product of negotiation and compromise on the part of both PARTIES, and the PARTIES
agree, that since both PARTIES have participated in the negotiation and drafting of this
Agreement, this Agreement shall not be construed as if prepared by one of the PARTIES, but
rather according to its fair meaning as a whole, as if both PARTIES had prepared it. The
section headings used in this Agreement are for convenience only and are not intended to
affect the interpretation or construction of the provisions hereof. If any provision of this
Agreement is held invalid or unenforceable by a court of competent jurisdiction, the
remaining provisions shall remain in full force and effect. Any provision of this Agreement
held invalid or unenforceable shall remain in full force and effect to the extent not held
invalid or unenforceable.
24. GoverninIz Law. This Agreement shall be enforced and interpreted in accordance with the
substantive law of the State of California excluding principles of conflict of laws. Any
action to enforce the terms of this Agreement or for the breach thereof shall be brought and
tried in the County of Sonoma.
25. No Third Party Beneficiaries. The PARTIES do not intend to create, and nothing
contained in this Agreement shall be construed to create any benefit or right in any third
party.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be an original, and all of which, taken together, shall be deemed to be one and the same
agreement.
27. Contractor's Books and Records.
(a) CONTRACTOR shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to the CITY for a
minimum period of three (3) years or for any longer period required by law, from the
date of final payment to CONTRACTOR pursuant to this Agreement.
(b) CONTRACTOR shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for any
longer period required by law, from the date of termination or completion of this
Agreement.
(c) Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours,
upon written request by the City Manager, City Attorney, City Finance Director, or a
designated representative of these officers. Copies of such documents shall be
provided to the CITY for inspection at Petaluma City Hall when it is practical to do
so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at CONTRACTOR'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 CONTRACTOR's
Landscape Agreement — Conservation Corp
(602532) August 201614
business, CITY may, by written request by any of the above -named officers, require
that custody of the records be given to the CITY and that the records and documents
be maintained in Petaluma City Hall. Access to such records and documents shall be
granted to any Party authorized by CONTRACTOR, CONTRACTOR's
representatives, or CONTRACTOR's successor in interest.
28. Work Performed by Subcontractors; Suppliers.
(a) CONTRACTOR agrees that at any time upon request of CITY, CONTRACTOR will
submit a sworn statement setting forth the work performed or material furnished by
subcontractors, suppliers and materiahnen, and the amount due and to become due to
each, and that before the final payment is made to CONTRACTOR hereunder,
CONTRACTOR will if requested, submit to CITY a complete set of vouchers
showing what payments have been made for materials and labor used in connection
with the provision of Services hereunder. CONTRACTOR shall:
(i) Indemnify and hold harmless CITY from all claims, demands, causes of
action or suits, of whatever nature, arising out of the services, labor and
materials furnished by CONTRACTOR or its subcontractors under this
Agreement, and from all laborers', materialmen's and mechanics' liens upon
the real property upon which the work is located; and
(ii) Promptly notify CITY in writing, of any claims, demands, causes of action or
suits brought to its attention. CONTRACTOR shall forward with such
notification copies of all pertinent papers received by CONTRACTOR with
respect to any such claims, demands, causes of action or suits, and at the
request of CITY, shall do all things and execute and deliver all appropriate
documents and assignments in favor of CITY of all CONTRACTOR's rights
and claims arising from such asserted claims as will enable CITY to protect
its interest by litigation or otherwise. The final payment hereunder shall not
be made until CONTRACTOR, ifrequired, has delivered to CITY a complete
release of all claims arising out of this Agreement, or receipts in full in lieu
thereof as CITY may require, and if required in either case, an affidavit that
as far as CONTRACTOR has knowledge or information, the receipts include
all the labor and materials supplied in connection with this Agreement. If any
subcontractor refuses to supply a release or receipt in full, CONTRACTOR
may furnish a bond satisfactory to CITY to indemnify CITY against any such
claims. If any claim remains unsatisfied after all payments hereunder are
made, CONTRACTOR shall refund to CITY all monies that CITY may be
compelled to pay in discharging such claim, including costs and reasonable
attorneys' fees.
29. Remedies. Except as otherwise expressly stated in this Agreement, the rights and remedies
of the PARTIES hereunder are cumulative, and the exercise or failure to exercise one or
more of such rights or remedies by either Party shall not preclude the exercise by it, at the
same time or different times, of any right or remedy for the same default or any other default.
10
Landscape Agreement — Conservation Copp
(602532) August 20161 5
IN WITNESS WHEREOF, the PARTIES have executed this Landscape Maintenance Agreement
as of the date first written above.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name:
CONTRACTOR
By:
Name
Title
Address
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
Landscape Agreement — Conservation Corp
(602532) August 201616
EXHIBIT A
SERVICES
17
EXHIBIT A
DENMAN REACH PHASE 3 LANDSCAPE AGREEMENT
Schedule of Services
Item Estimated
No. Description Quantity Unit
1 Post and Cable Fence 600 LF
2 Restoration Planting (1- gallon 100 EA
plants)
3 Restoration Planting (5- gallon 120 EA
trees)
4 Restoration Planting (15- 75 EA
gallon trees)
Denman Reach Phase 3, C00500208 18
NATURAL RESOURCE CREWS - DAILY RATES
effective date: 01.15.15
Hourly Rates
Straight Time
Overtime
CMS
$ 30.75
$ 46.15
SUPES
$ 59.75
$ 89.65
.::
'.
DAILX RATE
CHIPPER
r_
# ON CREW
# ON CREW
$
HOURS
HOURS.
$
150.00
# of Supes
# of Supes
# of CMS
# of CMS
SUPE HRS
SUPE HRS
CMS HRS
DAILY RATE
1.00
1.00
2.00
5.00
8
10
16.00
$970.00
1.00
1.00
3.00
6.00
8
10
24.00
$1,216.00
1.00
1.00
4.00
7.00
8
10
32.00
$1,462.00
1.00
1.00
5.00
8.00
8
10
40.00
$1,708.00
1.00
1.00
6.00
9.00
8
10
48.00
$1,954.00
1.00
1.00
7.00
10.00
8
10
56.00
$2,200.00
1.00
1.00
8.00
11.00
8
10
64.00
$2,446.00
1.00
9.00
8
72.00
$2,692.00
1.00
10.00
8
80.00
$2,938.00
1.00 1
11.00
8
88.00
1 $3,184.00
_.... _ . IT, -: .......
'.
CHIPPER
r_
350.00
# ON CREW
$
300.00
HOURS.
$
150.00
POISON OAK SUITS
# of Supes
10.00
# of CMS
$
SUPE HRS
CHAINS
CMS HRS
DAILY RATE
1.00
5.00
10
50.00
$2,348.80
1.00
6.00
10
60.00
$2,687.10
1.00
7.00
10
70.00
$3,025.40
1.00
8.00
10
80.00
$3,363.70
1.00
9.00
10
90.00
$3,702.00
1.00
10.00
10
100.00
$4,040.30
1.00
11.00
10
110.00
$4,378.60
_.... _ . IT, -: .......
'.
CHIPPER
$
350.00
DUMP TRUCK
$
300.00
EXTRA VEHICLE
$
150.00
POISON OAK SUITS
$
10.00
BLADES
$
10.00
CHAINS
$
5.00
Denman Reach Phase 3, C00500208 19
SECTION 20
LANDSCAPE PLANTING
20.A GENERAL
This section includes restoration planting.
20.13 LANDSCAPING
This element of work consists of installation of native riparian plants on the site. See the Plans
for the planting plan. Live willow stakes (Arroyo, Narrow Leaf and Red willow) will be planted
by others. The CONTRACTOR shall flag proposed plant locations and submit plant (species)
layout to the CITY for approval prior to actual planting work. All work shall conform to the
City of Petaluma's Landscaping Irrigation Design and Construction Standards.
This section includes: site preparation, preparation of planting holes, obtaining nursery stock of
native plants, , and planting.
The scope of work for this item includes site preparation and planting container plants.
Plants are to be separated and used in distinct planting zones. These planting zones are functions
of elevation with the creekside zone at the lowest elevations and closest to the low flow channel.
The oak- woodland zone is at the highest elevation while the cottonwood /willow zone is
intermediate. The CONTRACTOR shall propose appropriate native riparian plant substitutions
and price adjustments to the CITY at the preconstruction meeting for plant materials /sizes not
available at the time of planting, if any.
20.13.1 SELECTION, TAGGING, AND ORDERING OF NURSERY PLANT
MATERIAL
Submit documentation to the CITY at least 7 days prior to start of work under this section
that all required nursery plant material or seed has been ordered. Invoices and /or other
evidence that plant material has been ordered shall be submitted to the CITY within
seven days following issuance of Notice to Proceed, and seed tags, bags and other
evidence that seeding has been accomplished shall be submitted prior to requesting Final
Inspection of planting. Arrange procedure for observation /inspection with the CITY at
time of submission. The CONTRACTOR shall provide a minimum of 72 -11ours notice
prior to Final Inspection.
Plants shall be subject to inspection and approval by the CITY at place of growth or upon
delivery for conformity to Specifications. Such approval shall not impair the right of
inspection and rejection during progress of the work. Submit written request for
inspection of plant material and /or substitution in kind and size at place of growth to the
CITY. Written request shall state the place of growth and the quantity of plants to be
observed. The CITY reserves the right to refuse inspection at this time if, in his /her
judgment, a sufficient number of plants are not available for inspection.
Denman Reach Phase 3, C00500208 20
20.13.2 PLANT MATERIALS AND PRODUCT HANDLING
Plant Material Conditions
Plants shall be fresh, well established, vigorous, of normal habit of growth, free of
disease, insects, insect eggs and larvae. Plants shall have healthy, normal root systems,
well established in their containers, but not to the point of being root bound. They shall
conform to the following conditions:
Root Systems. All container -grown stock shall be grown in its container for at least six
months prior to its planting. Rooted cuttings shall have been grown at least 60 days prior
to planting. Any plant material, within one year following the final acceptance of the
project, determined by the CITY to be defective, restricted, declining or otherwise
deficient due to abnormal root growth, shall be replaced by the CONTRACTOR, to the
equal condition of adjacent plants, at the time of replacement.
Trees. All trees shall have straight trunks or uniform taper, larger at the bottom. Trunks
shall be free of damaged bark, with all minor abrasions and cuts showing healing tissue.
Sucker basal growth and sucker lateral growth shall be removed and treated to eliminate
re- sprouting. Normal lower side branching shall remain. Trees unable to stand upright
without support shall be rejected.
Health. Foliage, roots, and stems of all container stock shall be of vigorous health and
normal habit of growth for its species. All plants shall be free of all diseases, insect
stages, burns or disfiguring characteristics.
Material Handling
Plant materials shall be the quantities, species and spacing as indicated or noted on the
Plans.
Canned stock shall be removed carefully after cans have been cut on two sides. Do not
use spade to cut cans. Do not lift or handle container plants by tops, stems, or trunks at
any time.
Protect plants at all times from sun or drying winds. Plants that cannot be planted
immediately on delivery shall be kept in the shade, well protected, and shall be kept well
watered.
Furnish standard products in manufacturer's standard containers bearing original labels
showing quantity, analysis and name of manufacturer.
When plants are moved from the nursery to the job site, they shall continue to receive
regular irrigation. All plants shall be watered immediately before planting (i.e., the same
day) so that moisture in the containers is at or near field capacity. Handling during
planting shall be such that overheating or excessive drying is avoided.
Denman Reach Phase 3, C00500208 21
If temperatures at the nursery and the job site are significantly different, the plants shall
be delivered to the job site a minimum of one week prior to planting for acclimatizing.
Store products with protection from weather or other conditions that would damage or
impair the effectiveness of the product.
Inspection Schedule for Restoration Planting
Inspections by the CITY related to the planting components of this project are as follows:
Planting, Site Preparation and Plant Layout
Proposed layout and site preparation of all planting areas shall be inspected by the CITY
prior to installation of plant material. 48 -hours notice is required.
Plant Material
The CITY shall inspect plant material for quality prior to planting. Plants shall be subject
to inspection and approval at place of growth or upon delivery for quality, size and
variety; such approval shall not impair the right of inspection and condition of ball and
roots, latent defects or injuries. Rejected plants shall be removed immediately from site.
48 -hours notice is required.
Pre- Maintenance /Begin Plant Establishment Period
When all work has been completed, a pre- maintenance walk through will be conducted
by the CITY or his /her designee. If approved, the plant establishment period will begin.
One week notice is required.
Final Inspection
Final Inspection is after the plant establishment period and all required work is
completed. One week notice is required for this observation meeting.
Site Preparation
Prior to any work in the planting areas, the CONTRACTOR shall strip and clear all
weeds and debris from entire enhancement /mitigation planting areas. Weed control
before planting shall involve a program with a variety of techniques, including scraping
the upper two to 2 inches of weed -seed containing topsoil, seasonal broad application of
herbicides, string trimming, and hand removal. Weeds, seeds, shoots and roots shall be
removed and disposed of outside the project site. Apply herbicide spray (such as Rodeo)
in two applications, two weeks apart, prior to removal. Cut out at ground surface. The
entire enhancement area zone shall be maintained weed -free during the entire plant
establishment period.
Layout and Excavation of Planting Areas
The contract Plans summarize the quantities, sizes, enhancement planting, locations, and
species of native plants to be used. The CITY shall approve plant layout prior to
installation such that all quantities are efficiently utilized.
Denman Reach Phase 3, C00500208 22
Marking
The CONTRACTOR shall place flags or markers, a different color for each seedling
species at each planting site. The CONTRACTOR shall provide the CITY with an index
correlating the flags or markers with the type of plant propagule and plant species. The
CONTRACTOR shall notify the CITY before first day of flag staking. The CITY will
train the CONTRACTOR on plant placement guidelines prior to placement of flags.
Field Cheel,
The CITY shall check location of plant flags in the field and adjust to exact position
before planting begins. The CITY reserves the right to refuse inspection if, in his
opinion, an insufficient quantity of plants is available for layout check, or inferior quality
plants are provided.
Planting Pattern
Plantings shall be staggered at variable distances, unless otherwise specified, utilizing the
species noted on the Plans and Specifications to create a natural, pleasing appearance.
Plantings shall be gro.uped so that clusters of at least three of one species are planted
together. Lay out plants according to environmental preference (top of bank, bank, etc.).
Generally, clusters of plants shall be placed 25 -30 feet apart.
Mycorrhizal Inoculation
Plantings (both potted plants and cuttings) shall be inoculated with a mycorrhizal
inoculant prior to planting. The inoculant shall be a powder containing a mix of both
Endo- and Ecto- types of mycorrhiza. Use Bio- Organics Landscape inoculant (LA) (Bio-
Organics Corporation, 53606 Bridge Drive, La Pine, Oregon, 97739 ph 1- 888 - 332 - 7676),
or approved equal, according to manufacturer's specifications.
Planting Procedure
Immediately before planting, the CONTRACTOR shall dig a planting hole at each
previously prepared planting site (area cleared and all weeds eradicated), as shown on the
Plans. Remove the seedling from the container, trim any curled or bent roots, and hold
the seedling in the planting hole at the desired planting level. The desired planting level
is at a point where the root crown is level with the original grade. Any roots touching the
bottom of the planting hole and bending to the side or back upward shall be trimmed so
that the roots no longer bend. While keeping the seedling at the desired planting level,
the native soil shall be backfilled. The CONTRACTOR shall manually compress the soil
as it is backfilled to remove air pockets and ensure good root -to -soil contact. The
CONTRACTOR shall ensure that the seedlings are properly positioned; the soil shall be
level with the root crown and the seedling shall be centered and pointing up straight.
Each seedling shall be watered immediately after the bacl<filling is completed. If the
seedling settles after watering, the CONTRACTOR shall raise the seedling back to the
desired planting level. Watering basins shall be provided for all planted stock.
Denman Reach Phase 3, 000500208 23
Mulching: Install a 4x4 x 4 -inch deep layer of bark mulch around all new containerized
plantings.
END OF SECTION
Denman Reach Phase 3, C00500208 24
SECTION 80
FENCING
80.A GENERAL
This item consists of installing post and cable fencing with treated wood posts as shown on the
Plans and specified herein.
80.13 MATERIALS
The materials required for construction shall conform to the following requirements:
80.13.1 LUMBER
Timber shall be brown pressure - treated fir or approved equal.
80.13.2 HARDWARE
Hardware shall consist of bolts with the necessary nuts and washers, timber connectors,
drift pins, dowels, nails, screws, spikes, galvanized nails, wire rope for wrapping, and
other metal fastenings. Bolts and nuts shall conform to the specifications of ASTM
DA307. Machine bolt heads and nuts shall be Regular Square Series, and threads shall be
Coarse Thread Series, Class 2 tolerance, all conforming to ANSI Standard. Washers shall
be cast iron Ogee, malleable iron, plate, or cut washers, as specified. Nails shall be
common wire nails. Wire rope shall be commercial quality galvanized steel wire rope.
Splices and end connections of wire rope shall be made with metal clips.
80.13.3 GALVANIZING
Structural metal, unless otherwise specified or shown on the Plans, and all hardware shall
be hot -dip galvanized.
80.13.4 GRADING RULES AND REQUIREMENTS
Timber shall be of the stress grade shown on the Plans or as specified in these
Specifications, or in the Supplementary General Conditions. The following general
provisions apply to all stress - grades:
All material shall be well manufactured. Only pieces consisting of sound wood, free from
decay, will be accepted.
All sizes shown on the Plans or specified in the Technical Specifications plastic lumber
refer to nominal sizes, and the American Lumber standards rough and dressed sizes will
be accepted as conforming thereto.
80.0 CONSTRUCTION
80.C.1 DESCRIPTION
The various kinds and grades of timber used in the structures shall be as shown on the
Plans or as specified in these Specifications, or in the Supplementary General Conditions.
Denman Reach Phase 3, C00500208 25
Lumber and timber shall be stored in piles at the site unless it is to be immediately placed
in the structure. Structural timber shall be neatly stacked above ground and shall be
protected from the sun when necessary to prevent warping. All lumber shall be stacked at
the job site so that it may be readily inspected and shall be handled in a manner that will
avoid injury or breakage. Undue injury in handling will be cause for rejection.
80.C.2 WORKMANSHIP
All workmanship shall be in accordance with the best practice known to the trade.
CONTRACTOR shall be responsible for taking all necessary measurements at the site
and for accurate fitting of all work. Where necessary to avoid splitting, nail holes shall be
pre- drilled. Use deck screws whenever possible. Sand all cuts or rough edges on exposed
work smooth for safety. Split pieces shall be removed and replaced.
All lumber shall be accurately cut and framed to a close fit and shall have even bearing
over the entire contact surfaces. No shimming will be permitted in malting joints.
Holes for drift pins and dowels in lumber shall be bored with a bit diameter not larger
than the root diameter of the lag screw thread. Holes in small timbers for boat or wire
spikes shall be bored with a bit of the same diameter or smallest dimensions of the spike,
when necessary to prevent splitting.
All bolts 5/8 -inch and less in diameter shall be fitted with cut washers and all bolts and
lag screws over 5/8 -inch diameter shall be fitted with cast or malleable iron washers,
unless otherwise shown on the Plans.
Posts shall be framed true and shall have full bearing on pedestals, sills, and caps.
Securely attach carpentry to substrate by anchoring and fastening as shown and as
required by recognized standards. Countersink nail heads on exposed carpentry work.
Use common wire nails, except as otherwise indicated. Use finishing nails for finish
work. Select fasteners of size that will not penetrate members where opposite side will be
exposed to view or will receive finish materials. Make tight connections between
members. Install fasteners without splitting of wood; pre -drill as required.
The CONTRACTOR shall remove all excess materials and debris from the site daily and
dispose of it in a legal manner.
END OF SECTION
Denman Reach Phase 3, C00500208 26
City of Petaluma, California
DENMAN REACH PHASE 3
STREAM ENHANCEMENT AND PUBLIC ACCESS
INDUSTRIAL AVE.
SHEET INDEX
000500208 GI MIER UIELT
!L ;tt f .
IT
r - �
MAYOR
David Glass
COUNCIL MEMBERS.
Chris Albertson
Teresa Barrett
Mike Healy
Dave King
Gabe Kearney
Kathy Miller
CITY MANAGER
John C. Brown
PUBLIC WORKS AND UTILITIES DIRECTOR
Dan St. John, F. ASCE
Poc I
Denman Reach Phase 3, C00500208
LOCATION MAP
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