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HomeMy WebLinkAboutResolution 2019-077 N.C.S. 06/03/2019Resolution No. 2019-077 N.C.S. of the City of Petaluma, California AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR THE ELLIS CREEK WATER RECYCLING FACILITY LANDSCAPING SERVICES WHEREAS, the Ellis Creek Water Recycling Facility landscape requires regular 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 the facility; and WHEREAS, the Request for Proposals was sent out to eight landscape service providers on April 8, 2019, and two project proposals were received by the April 25, 2019 deadline; and WHEREAS, City staff conducted a professional services selection process and determined that Cagwin & Dorward is the most responsive and qualified contractor to meet the requirements for the Project as well as offering the lowest 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, Chapter 2, Food and Agricultural Code); and WHEREAS, Section 1525(1) of California Code of Regulations, Chapter 3, Article 17, "Exemption for Certified State Regulatory Programs" lists the pesticide regulatory program administered by the Department of Pesticide Regulation and the County agricultural commissioner as a certified State regulatory program that is exempt from CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: Resolution No. 2019-077 N.C.S. Page 1 1. Approves the Professional Services Agreement, Exhibit A for the Ellis Creek Water Recycling Facility Landscaping Services in the amount of $539,280 for a period of thirty- six months through June 30, 2022. 2. Authorizes the City Manager or her designee to execute said agreement on behalf of the REFERENCE: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City of Petaluma. Under the power and authority conferred upon this Council by the Charter of said City. I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 3`d day of June 2019, by the following vote: Mayor Barrett; Fischer; Healy; King; Vice Mayor McDonnell; Miller None Kearney None �W' a4v�� Acting ity Clerk as to Resolution No. 2019-077 N.C.S. Page 2 Exhibit A to Resolution PROFESSIONAL SERVICES AGREEMENT Ellis Creek Water Recycling Facility Landscaping Servcies (Title of Project) FY 19/20 Fund # 6600 Cost Center 66700 Object Code Project # 54260 Amount $161,784 For multi-year contracts or contracts with multiple accounts: FY 19/20 Fund # 6700 Cost Center 67200 Object Code Project # 54130 Amount $17,976 FY 20/21 Fund # 6600 Cost Center 66700 Object Code Project # 54260 Amount $161,784 FY 20/21 Fund # 6700 Cost Center 67200 Object Code Project # 54130 Amount $17,976 FY 21/22 Fund # 6600 Cost Center 66700 Object Code Project # 54260 Amount $161,784 FY 21/22 Fund # 6700 Cost Center 67200 Object Code Project # 54130 Amount $17.976 THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a (city use only) municipal corporation and a charter city ("City") and Cagwin & Dorward, 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 terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $539,280 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.gov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES Sept 2018 4 Resolution No. 2019-077 N.C.S. E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2022, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES Sept 2018 Resolution No. 2019-077 N.C.S. 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES Sept 2018 Resolution No. 2019-077 N.C.S. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. 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 D which is attached to and made a part of this Agreement. 19. Living Waae Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit C shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 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 mental disability 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 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 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES Sept2018 7 Resolution No. 2019-077 N.C.S. 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 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: Citv of Petaluma - Public Works & Utilities Dent. Dan St. John 11 English Street Petaluma, CA 94952 Phone: 707-776-3728 Fax: 707-656-4067 Email: cthompson@cityofpetaluma.ca.us Consultant: Robert Bogel Cagwin & Dorward PO Box 1600 Novato, CA 94948 Phone: 800-891-7710 Fax: 415-897-7864 Email: bob.bogelgcagwin.com 22. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 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 not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all alleged liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES Sept 2018 Resolution No. 2019-077 N.C.S. The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. The Consultant's responsibility of such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B, attached hereto and incorporated herein by reference. City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 25. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES Sept 2018 9 Resolution No. 2019-077 N.C.S. 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. 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. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 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 in full 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 in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES Sept 2018 10 Resolution No. 2019-077 N.C.S. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 34. Headhims. 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. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 36. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Set -vices, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO I; ORM: City Attorney CONSULTANT By Name It Tracy Berry, Risk Manager-Cagwin & Dotward Title P.O. Box 1600 Address Novato, CA 94948 City State Zip 94-1500108 Taxpayer T.D. Number 0030697 Petaluma Business Tax Certificate Number file name: s:/environmental serwies/conservation/ce landscaping/agreements/2019 PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES Sept 2018 Resolution No. 2019-077 N.C.S. I I ELLIS CREEK WATER RECYCLING FACILITY Landscape Maintenance Specifications PART I — 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 of the California Code of Regulations. Specifically, recycled water shall not be allowed to discharge to surface waters. 1.2 Contractor shall provide staff complete training and familiarization 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 all irrigation repairs or renovations which represent 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 irrigated landscape areas monthly from May through September to identify water related plant stress (over or under 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 Supervisor verbally and 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 planting activities; 2) Soil preparation and amending; 3) Thatching, aeration, etc. Resolution No. 2019-077 N.C.S. 12 1.10 Contractor shall once annually provide written irrigation system management reports to the City of Petaluma'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 Supervisor at the beginning of the maintenance period (winter or early spring annually) 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. 2.4 Coordinate mowing schedules for each WRF area with the City of Petaluma's WRF Environmental Services 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 arm extending 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 1. See PART 2 for a Description of WRF Areas. TABLE 1: MOWING SCHEDULE WRF AREA1 NOTES TIMING2 NUMBER/ YEAR Enhanced Mow vegetation to a height of 2 inches once March- 2 Wetland native grasses have seeded. Verify timing with September WRF Environmental Services Supervisor. Mitigation Wetland Mow weeds to a height of 2 inches once native March- 2 grasses have seeded. Verify timing with WRF September Environmental Services Supervisor. Resolution No. 2019-077 N.C.S. 13 Ellis Creek Mow vegetation to a height of 2 inches. Verify March- 2 Enhancement timing with WRF Environmental Services September Area and Supervisor. Crossings Levee (Exterior) Mow, vegetation to a minimum height of 6 April - 2 inches from ground level (to discourage September burrowing mammals). Levee (Interior) Mow, vegetation to a minimum height of 6 April - 2 inches from ground level (to discourage September burrowing mammals). Landscaped Mow bunch grasses to remove dead above- April - 2 Areas ground material when plants are dormant. September Natural Mow vegetation to 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 fence line to a Monthly 12 House height of 2 inches monthly 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 September spring and summer to prevent and control fire hazards. Shoulder Mow vegetation to a height of 2 inches once in April and 2 early spring, once in late spring along road and June trail margins and fence lines. Fenceline Mow vegetation within area five feet around March - 4 fenceline/ property line to a height of 2 inches September every other month through spring and summer to prevent and control fire hazards. ' Excludes FAA (Petaluma River Trail) portion of trail network. Mowing is prohibited in accordance with requirements under the Federal Endangered Species Act. 2The schedule is 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 39 mowing events per the mowing schedule. Schedule of 39 mowing events 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 monitoring has 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 (IPM) guidelines and the City of Petaluma IPM guidelines (City application in parks and public access areas), unless otherwise approved by the City, shall be employed. The intent is to limit any pesticide and 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. Resolution No. 2019-077 N.C.S. 14 3.4 Contractor shall visit and walk the site with the City's WRF Environmental Services Supervisor or designee at the beginning of the weed control period (winter or early spring annually) to identify weed 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 IPM 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 (Brassica 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 (IPM) methods. For chemical treatment 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 or designee. 3.10 The contractor shall be well trained in identification, treatment methods, and current classification (Cal -IPC ranking, and Sonoma County designation) of noxious weed species and landscape pests and diseases in Sonoma County. 3.11 Contractor shall control noxious weeds upon identification in all WRF areas. 3.12 Employ principles of IPM. "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 Use cultural methods (mulch, mow, fertilize, aerate, irrigate, etc.) 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 during the growing season to control broadleaf weeds, as needed and with prior approval by WRF Environmental Services Supervisor or designee. 3.15 WEED MAINTENANCE SCHEDULE: Contractor shall execute weed maintenance in accordance with the schedule identified in Table 2 below. See PART 2 for a description of WRF Areas. Resolution No. 2019-077 N.C.S. 15 TABLE 2: WEED MAINTENANCE SCHEDULE 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 Weed areas around riparian restoration April 4 Enhancement Area plantings. Treat Himalayan blackberry and through and Crossings perennial pepperweed chemically, as needed. July Mow or 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. Landscaped Areas Weed control around all building perimeters and Bi -weekly 12-24, as at base of ornamental trees. or needed Monthly Additional Mow to prepare site for planting; spray with pre- Fall 1 Landscaped Area emergent herbicide as needed and as approved (Prior to by WRF designee. October Natural Landscape Natural Landscape Areas shall be managed for Spring, 2, or as Areas weed control during spring and summer through Summer, needed mowing (identified above in Table 1). Local Fall treatments for noxious weeds shall be applied as needed and as approved by WRF designee. Roads and Trails Remove weeds within trails and roads by hand Spring 2, or (excluding Petaluma or by mechanical means as needed. and more as River Trail) Summer needed Petaluma River Trail The Petaluma River Trail shall only receive February 1 weed maintenance outside of Clapper Rail breeding season (September 1 -February 1). Shoulder Shoulders shall be managed for weed control Spring or 2, or during spring and summer through mowing Summer more as (identified above in Table 1). Local treatments needed for noxious weeds shall be applied as needed and as approved by WRF designee. 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 Contractor shall not apply any chemical pesticides without express approval from the City of Petaluma's WRF Environmental Services Supervisor or Resolution No. 2019-077 N.C.S. 16 designee. The City is currently not allowing the application of Roundup in public access areas. An alternative to Roundup must be used in public access areas and approved by the Environmental Services Supervisor or designee prior to application. 4.2 If Contractor determines that pesticide applications may be needed, Contractor shall provide WRF Environmental Services Supervisor or designee the following information: 4.2.1 Identification of pest and reason control is required. 4.2.2 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 Safety Data Sheets (SDS) of all 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 prior to and for 24 hours after application. All chemicals used must have an SDS 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 or designee 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 incurred 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 Resolution No. 2019-077 N.C.S. 17 California Food and Agriculture Code, California Code of Regulations, and Business and Professions Code. 5.0 VEGETATION CONTROL -POLISHING PONDS AND OXIDATION PONDS 5.1 This section applies only to the Polishing Ponds A -D and Oxidation Treatment Ponds 1-10. 5.2 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 SCHEDULE: Contractor shall mow or perform necessary vegetation control around Polishing Ponds A -D and Oxidation Ponds 1-10 two times per year. 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 in 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 be responsible 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 as the WRF. 6.7 Any changes from the specified planting palette must be approved by the City's WFR 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 Resolution No. 2019-077 N.C.S. 18 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 removed. Representative samples of all containerized 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 for a 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 the tree/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 can consist 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 '/a 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 at a point 8 to 12 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 from the 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 9.0 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 PART 2 for a description of WRF Areas. Resolution No. 2019-077 N.C.S. 19 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 as determined by WRF designee. and Crossings Water Conservation Replant dead plants with native, drought- October- 1 Demonstration tolerant species provided by the City. March 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 rows. 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 all Landscaped and Natural Landscaped Areas (PART 2, SECTIONS 6.0 and 7.0). 8.0 LANDSCAPE DEBRIS 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 land fill 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 Resolution No. 2019-077 N.C.S. 20 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. 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 fall annually. 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. Contractor is required 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 disease and pests. 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. 10.3 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 to the City of Petaluma for approval. Resolution No. 2019-077 N.C.S. 21 PART 2 — WRF AREA LOCATIONS AND SPECIFIC MAINTENANCE ACTIONS 1.0 ENHANCED/MITIGATION WETLAND The Enhanced/ Mitigation Wetland, is located at the west end of the property near the entrance road and is identified in Attachment A. I.I. This area shall be mowed annually or bi-annually (Table 1, PART 1, SECTION 2.0) under the direct supervision of the City's WRF Environmental Services Supervisor or designee. The City's WRF Environmental Services Supervisor or designee will provide guidance on the preferred mowing schedule. 1.2. Additional required maintenance of the Enhanced/Mitigation Wetland includes: annual weed removal (Table 2, PART 1, 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. An additional bridge crossing area will be restored in Fall 2019. These areas are located along Ellis Creek and are identified in Attachment A. Replacement planting of dead plants shall be discussed with Environmental Services Supervisor or designee. 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 California blackberry California rose Coast live oak Cottonwood Mugwort Red willow Snowberry Acernegundo Rubus ursinus Rosa californica Quercus agrifolia Populus fremontii Artemisia douglasiana Salix laevigata Symphoricarpos mollis 2.2. The Contractor is responsible for ensuring that the correct species are installed, and that every replacement plant has securely installed protective plant tubing or cage. Replacement trees must be staked using two 10 inch tapered stakes two black rubber tire ties. See specifications in PART 1, SECTION 6.8 through 6.8.6. 2.3. Mowing and 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, as needed, to the restoration plantings including frequency and adequacy. See specifications in PART 1, SECTION 1.0. Resolution No. 2019-077 N.C.S. 22 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. 2.6. Per specifications in PART 1, SECTION 1.0, the Contractor shall either refurbish the existing irrigation system or install a new irrigation system that will deliver water to all restoration plantings within the bridge crossing area, creek crossings and riparian enhancement areas. 2.7. Contractor is responsible for 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. Bridge crossing restoration area irrigation to be determined at time of planting in Fall 2019. 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 shall 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 1, 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 feasible to discourage burrowing mammals. 4.2. The Contractor shall implement weed management as needed. 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. 5.1. The Contractor shall mow this area annually or more as need as specified in Table 1, following all requirements of PART 1, SECTION 2.0. 5.2. 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. 6.0 LANDSCAPED AREAS This includes planted areas surrounding the facility buildings and roadways exterior building perimeters. These areas are identified in Attachment A. 6.1. 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 1, SECTION 6.0 and 10.0), and planting all plants. Resolution No. 2019-077 N.C.S. 23 6.2. 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 1, SECTION 10.0. 6.3. Planting palette will conform to the landscape drawings 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 shall fertilize plants in the Landscape Areas as indicated: • Trees, shrubs, vines, groundcovers and 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 year around. 6.5. The Landscape Areas shall be kept neat, clean and free of weeds, litter, and trash year round. These areas shall be inspected and maintained bi-weekly. 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 and adjusted twice annually. 6.10. Ivy planted along the maintenance building shall be trimmed as needed. Ivy to be maintained in designated area on buildings to prevent it from spreading. 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 in 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 and shrubs shall be maintained through annual pruning, and readjustment of stakes and guys (PART 1, SECTION 7.0). 7.3. Dead plants shall be replaced annually in the fall. The Contractor shall replant plants that 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 1, SECTION 6.8 and 10.0), and planting all 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 1, 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 Resolution No. 2019-077 N.C.S. 24 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. 8.0 WATER CONSERVATION DEMONSTRATION GARDEN MAINTENANCE This garden is located behind the WRF 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 shall keep the Water Conservation Garden neat, clean and free of weeds and trash year round. Additional mulch shall be applied as needed. This area shall be inspected and maintained bi-weekly. 8.3. Shrub pruning shall be 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 1-10 are to be maintained free of vegetation in the levees. No vegetation maintenance or removal is required within the interior of the ponds. This area is identified in Attachment A. 9.1. 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 Operations Supervisor to obtain access codes and approval for entry. 9.3. Vegetation management is restricted to the Oxidation Ponds, dirt roads, and pond perimeters. 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 shall be carried out once annually. 10.0 MASCIORINI RANCH HOUSE The Masciorini Ranch House is located at 4404 Lakeville Highway and 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 monthly for fire prevention according to the schedule in Table 1 (PART 1, SECTION 2.0). 10.2. Existing vegetation (trees and shrubs) shall be maintained and pruned per PART 1, SECTION 7.0. Resolution No. 2019-077 N.C.S. 25 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 Contractor shall implement 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 1, SECTION 2.0). The vegetation shall be mowed to a height 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 vegetation to a height of 2-6 inches above the ground within an area five feet within fencelince. 11.4. Perennial pepperweed in the shoulder area between Ponds A -C and Pond D shall be treated with approved herbicide and as determined by WRF Environmental Services Supervisor or designee. 12.0 CATTAIL REMOVAL AREA Cattail Removal Area includes approximately one (1) acre within and adjacent to a small drainage. This area is 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 -November). 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. Resolution No. 2019-077 N.C.S. 26 04 a W Z IP Ellis Creek Water Recycling Facility Project, 205259 Ellis Creek WRF Area Designation I inch FHt = 300 feet EM Ert.—dM.A-15aces MQtdde!iD'1 POM Ve�teuon Removal -162 acres Po ShNpp4(A-D)-29.6— T,&4 -67—s H.WL..-45—, shadi.t - 8 2 eves Land—padA-27quos vm.r c-0. Ga . - o.7 aeras \h§ail CmTidAau•9:6 sues Ellis Creek Water Recycling Facility Project, 205259 Ellis Creek WRF Area Designation T 0 z p Ellis Creek Water Recycling Facility Project. 205259 Ellis Creek WRF Oxidation Ponds 0 1 inch 300 feet IM ErA,�dMfl"-2.6— MW Ud.-J., P-1 V.9�.Ii. R-1 162 p.i,h,g P� -n.� TW�6.7— Ut.� 2 7 VM ft� - 3.7 W.w L.,.,4 5 Sh.*11-6 2-1 I.M—WA--2.7 N—I L.Id." Alf. - U 7 Ellis Creek Water Recycling Facility Project. 205259 Ellis Creek WRF Oxidation Ponds EXHIBIT B INSURANCE REQUIREMENTS FOR ALL AGREEMENTS Contractor's performance of the Services under this Agreement shall not commence until Contractor 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. Contractor shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Contractor, the Contractor's agents, representatives, employees and subcontractors. A. Required Minimum Scope of Insurance Coverage shall be at least as broad as: ® Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. ® Insurance Services Office form covering Automobile Liability (any auto). N Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. ® Professional Liability/Errors and Omissions ❑ Crime/Employee Blanket Fidelity Bond ❑ Property Insurance against all risks of loss to any tenant improvements or betterments. ❑ Pollution Liability Insurance ❑ Garage Liability ❑ Garagekeepers Insurance ❑ Technology Professional Liability Errors and Omissions Insurance (IT Consultant)/Cyber Liability ❑ Abuse or Molestation Liability Coverage B. Minimum Limits of Insurance Consultant shall maintain limits no less than: ® 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. Fx_1 Products/Completed Operations: $1,000,000 per occurrence/aggregate. ® Automobile Liability: $1,000,000 per accident for bodily injury and property damage. ® 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. Z Professional Liability/Errors and Omissions: $1,000,000 per occurrence or claim. If the policy provides coverage on a claims -made basis, the retroactive date must be shown and must be before the date of the Agreement or the beginning of the contract work. INSURANCE REQUIREMENTS (City) 31 Resolution No. 2019-077 N.C.S. Dec 2018 ❑ Crime/Employee Blanket Fidelity Bond - $1,000,000: Contractor, at its own cost and expense, must maintain a Crime/Employee Blanket Fidelity Bond in the amount of $1,000,000 per employee covering dishonesty, forgery, alteration, theft, disappearance, destruction (inside or outside). ❑ All Risk Property Insurance: Full replacement cost. ❑ Pollution legal liability with limits no less than $1,000,000 per occurrence or claim and $2,000,000 policy aggregate. If the policy provides coverage on a claims -made basis, the retroactive date must be shown and must be before the date of the Agreement or the beginning of the contract work. ❑ Garage Liability: $1,000,000 per occurrence. ❑ Garagekeepers Insurance: $1,000,000 per occurrence. ❑ Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 1. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City in the care, custody, or control of the Consultant. If not covered under the Consultant's liability policy, such "property" coverage of the City may be endorsed onto the Consultant's Cyber Liability as covered property as follows: 2. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City that will be in the care, custody, or control of the Consultant. 3. The Insurance obligations under this agreement shall be the greater of 1) all the Insurance coverage and limits carried by or available to the Consultant; or 2) the minimum Insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the indemnity or other obligations of the Consultant under this agreement. ❑ Abuse or Molestation Liability Coverage: $1,000,000 per occurrence; $2,000,000 aggregate. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Policies containing any self- insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured (Contractor) or the City. INSURANCE REQUIREMENTS (City) 32 Resolution No. 2019-077 N.C.S. Dec 2018 City reserves the right to review any and all of the required insurance policies, declaration pages, and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. Additional Insured: The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. Primary and Non -Contributory: For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Waiver of Subrogation: Consultant agrees to waive subrogation rights for commercial general liability, automobile liability and worker's compensation against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. 7. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. 8. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Petaluma before the City of Petaluma's own insurance or self-insurance shall be called upon to protect it as a named insured. INSURANCE REQUIREMENTS (City) 33 Resolution No. 2019-077 N.C.S. Dec 2018 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 NOTE: The City of Petaluma is now using an online insurance program, PINS Advantage. Once you have been awarded a contract with the City of Petaluma, you will receive an e-mail from PINS Advantage/City of Petaluma requesting that you forward the e-mail to your insurance agent(s). Consultant shall furnish the City with Certificate of Insurance along with Declarations and Endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. INSURANCE REQUIREMENTS (City) 34 Resolution No. 2019-077 N.C.S. Dec 2018 EXHIBIT C ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement") between the City of Petaluma ("City") and/or the Petaluma Community Development Commission ("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding or financial benefits ("covered entities"). Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior to the bid, proposal, submission or request. Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Page 1 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 Resolution No. 2019-077 N.C.S. 35 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: Cagwin & Doi ward Date: May 7, 2019 (Print Name of Covered Entity/Business Capacity) By Tracy Berry (Print Natne) is (Signatu' Its Risk Manager (Title /Capacity of Authorized Signer) Page 2 of 3 LIVING WAGE ACKNOWLEDGEMENT - AND CERTIFICATION (1638697.2) Nov 2012 Resolution No. 2019-077 N.C.S. 36 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR FINDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD, WHICH: • AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING NAGE ORDINANCE), AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING. IF NONE, PLEASE STATE "NONE": ATTACH ADDITIONAL PAGES IF NEEDED, Date: SEE ATTACHED OSHA INSPECTIONS LIST Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if known: Page 3 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 Resolution No. 2019-077 N.C.S. 37 OSHA INSPECTIONS All Citations below have been resolved by correction of condition and payment of fine. July 06, 2016 Type: Field inspection Finding: Water not as close as practical to work area Citation: General On a large construction jobsite EE was unaware of the closest potable water supply (which was very close to his location). July 10, 2017 Type: Dispatch facility inspection Finding: Inadequate water supply in vehicle at time of dispatch Citation: General EE's water bottles in truck, as they were leaving our yard, did not contain an adequate amount of water, as their intent was to refill them at the jobsite. July 19, 2018 Type: Field inspection (Tree Care two EE crew) Finding: HIPP not located PPE chaps damaged CPR/First Aid -2" d crewmember not trained Citation: General Second day of employment for EC_, forgot where the HIPP was located, which are kept in the glove compartment of the truck onsite that he was transported in. According to the inspector the chaps "had cuts on them." New crewmember (2"`r day of employment) without CPR/First Aid. EE was already scheduled to receive his training in accordance with regulation (within 90 days of employment). lanftcape contra, ci- oi's Lic, 42023�M 4 PC) Fin, '1600,, A(v Resolution No. 2019-077 N.C.S. 38 PREVAILING WAGE EXHIBIT D 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 is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that work in excess of eight hours during any one calendar day and forty hours during any one 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 Consultant and its 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 or 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 1773.2, the City has determined the general prevailing wages in the locality in which the 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 comply Labor Code Section 1775 which establishes a 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 to pay the correct rate of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of their obligations under the California Labor Code. The Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 et seq. (1037770) (Sept 2007) Resolution No. 2019-077 N.C.S. 39 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 Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subconsultant by periodic review of the subconsultant's certified payroll records. 3. Upon becoming aware of a subconsultant's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective 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 making final 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 to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subconsultant engaged 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 per 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: 1. 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 Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. In addition, Consultant and sub -consultant shall be required to be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultant 2 Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 et seq. (1037770)(Sept2007) Resolution No. 2019-077 N.C.S. 40 and any sub -consultant shall submit certified payroll records to the Department of Industrial Relations Labor Commissioner online: https:Happs.dir.ca.gov/ecpr/DAS/AitLogiii. Consultant is responsible for ensuring compliance with this section. D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subconsultants engaged in performance of the Services, shall be responsible for ensuring 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 during the continuance of such employment. file name: Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 et seq. (1037770) (Sept 2007) Resolution No. 2019-077 N.C.S. 41