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HomeMy WebLinkAboutStaff Report 3.C 11/05/2012 • ARevLdwIteww#3 .0 ` p;E tr r W lens DATE: November 5, 2012 TO: Honorable Mayor an, LA embers of the City Council through City Manager FROM: Dan St. John, F.' r, Public Works & Utilities Remleh Scherzing_ , '.E. —Utilities Engineering Manager SUBJECT: Resolution Authorizing Award of a Professional Services•Agreement for the Ellis Creek Water Recycling-Facility'Pond Vegetation.Maintenance Services RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing a Professional Services Agreement with Dibble Landscaping for the Ellis Creek Water Recycling Facility Pond Vegetation Maintenance Services. BACKGROUND Annual vegetation maintenanceisrequired for the treatment and polishing ponds at the Ellis Creek Water Recycling Facility to sustain the function Of the system. The, maintenance is also necessary to facilitate effective mosquito control and abatement. In an effort to minimize costs, over;the'last three years,staff has attempted to manage the pond vegetation by using City staff and equipment with supplemental assistance for individual tasks by landscape contractors. This approach-has not been sufficient to accomplish the necessary amount of annual vegetation maintenance, and as a result, the vegetation within the polishing and treatment ponds has spread and the density of the vegetation has increased. Thus, the vegetation maintenance tasks were compiled into a one year scope of work that addresses adequate site maintenance and provides staff the opportunity,to evaluate if it is a more effective method to manage pond vegetation. DISCUSSION On August 7, 2012,.a-request-for proposals was sent to three landscape contractors that are familiar with,and have-;previously performed work at the site All three contractors submitted qualifications,and a price for the project by the deadline on August 31, 2012. The quotes for the project ranged from $11'1,065 to $204,725 with Dibble Landscapingas the lowest bidder. Staff evaluated the proposals and based the contractor selection the-following criteria: knowledge of the,site requirements and its restrictions, the quality of work previously performed at the site, and contractor's location. Agenda Revi-y • City Attorn, Finance Director City Manager a 1 The one-year maintenance:scope incorporates vegetation management tasks related to the operational maintenance of the polishing ponds and vegetated pond.treatment"system. The tasks include clearing the islands within the polishing ponds, the project also specifies removal of invasive plants such as prickly oxtongue, perennial pepperweed, and ludwigia from in and around the ponds. The project affects only self-contained Ellis Creek Water Recycling Facility ponds which do:not contribute to or affect Shollenberger Marsh, the Alman Marsh or the Shollenberger dredge disposal site., The majority of work entails vegetation removal to create a three to four foot open area around the perimeter of all the vegetated:pond"s and polishing ponds at the facility. The work is also responsive to ongoing communications and requests from the;Marin/Sonoma.Mosquito Vector Control District (MSMVCD) to create open water around the pond perimeters to facilitate more effective chemical applications by'MSMVCD. The vegetation density has increased substantially as the plants have matured providing an ideal breeding habitat for mosquitos and contributing to an increase in the mosquito population over the last Ahree years. Consequently, MSMVCD has increased site monitoring and treatment, and-the;aniount, frequency and diversity of the applied chemicals. As a;result, the cost to the City for chemical application has increased significantly over the last three years due to the application.inefficiency. The City has spent $112,661 over the last 12 months for mosquito abatement:services. During FY 2011-2012, $81,974 was spent on contractor vegetation maintenance for the entire site The vegetation maintenance work effort will result'in reduction of the,annual mosquito abatement cost if this approach is effective. However, staff does not anticipate a reduction in vegetation maintenance costs in the future unless staff can modify the operationof the system to reduce or eliminate the use of the ponds. Staff intends to work.collabofatively With the Regional Water Quality Board to address pond operations in an effort to reduce overall treatment.needs and to potentially reduce ongoing mosquito issues. Staff recommends award of the one year maintenance contract to Dibble Landscaping. The proposed action meets Council Goal: "Improve and enhance fiscal stability and sustainability." FINANCIAL IMPACTS The fundingfor thisprojecthas been allocated'in the fiscal year 2012-2013 budget under the wastewater utility 66700'cost center. ATTACHMENTS 1. Resolution 2. Location Map 3. Signed Professional Services Agreement 4. Marin/Sonorna Mosquito.& Vector Control District Letter 2 Attachment 1 RESOLUTION:AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DIBBLE LANDSCAPING FOR THE ELLIS CREEK WATER RECYCLING POND VEGETATION MAINTENANCE SERVICES WHEREAS, the Ellis Creek Water Recycling Facility Treatment Ponds require annual vegetation maintenance to maintain proper function, and provide adequate access for effective mosquito control; and WHEREAS, implementation of pond'and wetland vegetation management at the.Ellis Creek Water Recycling Facility is also responsive to a request by the Marin/Sonoma Mosquito & Vector Control District.; and WHEREAS, City staff prepared a project scope and distributed a Request for Proposals for the professional landscaping services required for this Project; and WHEREAS,the Request for Proposals was sent out to'three contracting firms on August 7, 2012, and three (3)project proposals were received by the August31, 2012 deadline; and WHEREAS, City staff conducted a professional services selection process and determined that Dibble Landscaping is the most responsive and'qualified contractor to meet the requirements for the Project; and WHEREAS, the Project is categorically exempt from the California Environmental.Quality Act ("CEQA") pursuant to CEQA Guidelines section 15301(h) because it involves maintenance of existing landscaping and native growth(excluding the use of pesticides as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code). NOW, THEREFORE; BE IT RESOLVED that the City Council of the City hereby: 1. Approves the Professional Services Agreement attached as Exhibit A.for the Ellis Creek Water Recycling,Facility Pond Vegetation Maintenance'Services in the amount of $111,065. 2. Authorizes the City Manager or his designee to execute said agreement on behalf of the City of Petaluma. 3 . Atttachment 2 • ELLIS CREEK WATER RECYCLING FACILITY LOCATION MAP rtou0,&'DDo D eD D�Df 0D�� � I . '4' :' /iiv 4,01: o p, :,..., L ,. ELLIS CREW :,- ---, <t ; WV Th.\, „„‘„,DP C i I ,O �•p„ ' �. SCMOLLE1�92f3ER / Q/ � �`� wwwos N Ce,�,' *h . � } • ' s CT'LIMIT 4 5 4 Attachment 3 PROFESSIONAL SERVICES AGREEMENT Ellis Creek Water Recycling Facility Pond Vegetation Maintenance Services (Title of Project) FY 12-13'. Fund Exp.Acct.it 66700 Project#'54260 Amount.$11[065.00 For multi-year contracts or contracts with multiple accounts: FY Fund ti Exp.Acct# Project it - Amount$ FY Fund# Exp.Acct.f project#. Amount$ FY Fund it Exp.Acct.# Project it Amount$ FY Fund Exp.Acct..# Project# Amount S FY Fund It Exp.Acct.# Project# Amount$ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and'between the City of Petaluma, a municipal corporation and a charter city ("City") and Dibble Landscaping, a sole ownership ("Consultant") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall.provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax:Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit, detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance:and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation,to be paid for such services. In no case shall the total compensation under this Agreement exceed $111,065100 without prior written authorization of the City Manager. Further, no compensation for a section or work program componentattached,with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department current.. information requested on the "Vendor Information" form available from City, and has Obtained is currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT(City) [Manage#609321)lune 206 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions_of this Agreement and any amendments;thereto. 3. Term. The term of this Agreement commences oh the Effective Date, and terminates on December,31, 2013, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or;materials;provided to Consultant and any and all of the documents or materials prepared for City Or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after terniinationof the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend. this Agreement for cause. Cause for immediate termination or suspension shall,include, but not be limited to, any breach of this Agreement by Consultant'or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension;for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment'for'all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Contractor: Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore,;provide properly skilled,professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City 'shall furnish to Consultant no facilities or,equipment, unless the City otherwise agrees in writing to provide the same., 7. Licenses, Permits; Etc.- Consultant shall; at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for perforniingthe Services. 8. Time Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9: Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services arc being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to 2 PROFESSIONAL SERVICES AGREEMENT(City (iManage#609321)June'20 inspection and approval by the City. The inspection of such work shall not relieve Consultant of any.of its obligations pursuant to this.Agreement. 10. Progress .Reports: Upon the City's request; Consultant. shall provide, in a ftam 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. Ifisuch 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 tot-he 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 ofplans,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 anyobligation 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 assignmenttor 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 PROFESSIONAL SERVICES AGREEMENT(City] (iManage 0609321)June 2014 the terins and conditions,of this Agreement,.including btit;not limited to, procuring and maintaining insurance coverage, as required herein and which shall name City as an additional insured. 17. Compliance With,All'Laws. Consultant shall fully comply'with all applicable local, state and federal rules, laws, regulations and ordinances,pertaining to the performance of the Services required ,hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) .applicable to the performance of the Services hereunder shall constitute amaterial,breachaof this Agreement. To the extent that any other.government agency or entity provides;compensation for any Services,'Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the 'living Wage Ordinance"), as the-same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance,.and,shall within fifteen (15) calendar.days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required'td be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to`this!Agreement as Exhibit C,-shall be a part of this Agreement for all purposes, and Consultants that are-subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirementsof the Living Wage Ordinance., Consultant's noncompliance with the applicable requirement's of the Living Wage Ordinance shall constitute cause,for 'City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national'_origin, ancestry;,, gender, sexual orientation, age or physical or mental disability in violation of any applicable law.. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be,made in writing, and sent to the Parties at their respective addresses'specified below or to such other address as a.Party may designate by written notice deliveredto the-other Party in accordance with this Section. All such notices shall be sent by: (i) personal,delivery, in which case notice ineffective upon delivery; (ii) certified or-registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if deliveryis'confinned 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 4 PROFESSIONAL SERVICES AGREEMENT(City. (IManage(i609321)June 20175 (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 @cipetaluma.ca.us And: Lena Cox. Environmental Servies Supervisor 3890 Cypress,Drive Petaluma. CA 94954 Phone: 707-776-3777 Fax: 707-7763746 Email: leox@ei.petaluma.ca.us Consultant: James Dibble, Owner Dibble Landscape. 483 Rainsville Road Petaluma, CA. 94952 Phone: 707=778-9088 Fax: 707-778-9035 Email: iim @dibblelandscaping.com 21. Ownership of Documents. All original papers,documents or computer material on disk or microfilm, and copies thereof, produced as result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated'representative. 22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not. 'be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs.(including, without limitation, claims expenses, attorney's fees and;costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with,the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. 5 PROFESSIONAL SERVICES AGREEMENT(City • (x"Manage 8609321)Juno 20 The Consultant's obligation to indemnify, defend andhold harmless°under this provision shall not be excused because of the Consultant's inabilityto;evaluate•Liability, or because the Consultant evaluates Liability and determines that,the Consultant is not or may not be liable. The Consultant.musf.respond within 30`calendardays to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of.the City in'writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law,.so much of the money due or that may:become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender,'whicheVer, occurs first. In the event that the City must file responsive'documents in a matter tendered to Consultant prior to Consultant's acceptance of tender; Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning''any Liability Of the Consultant arising out of or in connection with the Services or Consultant's failure to ,comply with any of the terms of this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant'sdutyto indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782; as may be amended from time to time. Notwithstanding the foregoing, to the extent that.the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's'duty-to indemnify shall only be,to'the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Consultant shall comply with the "insurance Requirements for Consultants" in Exhibit B-1, attached hereto and incorporated`herein by reference. [Indicate attached exhibit, e.g., "B-1, " "B-2," "B-3, " or "B-4. 1 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 6 PROFESSIONAL SERVICES AGREEMENT(City (iManage fi609321)June 2011 27. Governing,Law; Venue. This.Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be yenned in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non-Waiver. "the City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable bra court of competent jurisdiction,!the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third.Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties:agree.to make a good faith attempt to resolve any dispute arising out of this Agreement through' mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Consultant's Books and"Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records'or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period:of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a!minimum.period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written;request'by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and docrunents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 7 PROFESSIONAL SERVICES AGREEMENT(City) ()Manage 4609321)June 2d1 33. Headings. The. headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 34. Survival.. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement.allocating liability between City and Consultant shall survive the'termination or expiration of this Agreement. 35. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated'herein, constitutes-the entire agreementbetween the Parties with respect to the Services, and supersedes all prior: agreements or understandings, oral or written, between the Parties"inthis regard. IN WITNESS WHEREOF, the'parties hereto have executed this document the day. month and year first above written. CITY OF PETALUMA •NSULTA . / City Manager oa ie ATTEST: '�/ r✓ Title City Clerk Ai:1dt ess p APPROVED AS TO FORM: City State Zip p City Attorney Taxpayer�1 D:.Number APPROVED: Petaluma Business Tax Certificate Number' Department Director APPROVED: Risk Manager APPROVED: Finance:Director file name: 8 PROFESSIONAL SERVICES AGREEMENT(C))tx) (iManage#609321)June 264 • • • DIBBLE Exhibit A x -4t, 483 Rainsvilie-Road Petaluma, CA 94952 .012'3 xx,LL's'` fs, :707:778:9088 .. LANDSCAPING CAL. IC#6583'5 August 31, 2012 • City of Petaluma P.O. Box 61 Petaluma, Ca. 94953-0061. ELLIS CREEK WATER RECYCLING FACILITY POND VEGETATION MAINTENANCE SERVICES Vegetation Removal @ Polishing Ponds: $ 75,440.00 Remove all vegetation around the perimeter of Polishing Ponds A-D 3'-4' wide and on thesislands as specified in the bid documents dated Aug.7,2012. All cut debris shall be loaded into debris boxes supplied by City of Petaluma. After the cutting and removal of vegetation is complete an approved herbicide spray shall be applied to all stumps. This scope of work shall commenceon,approx. Sept. 1, 2012 and shall be completed by approx. Oct 20,2013. Labor Rates: Rate/hr. Est Hr. Est Cost Foreman/Supervisor $68:00 240 $16,320.00 Leadman •$53.00 240. $12,720.00 Laborer $40.00 960 $38,400.00 Equipment cost $ 7,000.00 Safety Clothing $ 1,000.00 Vegetation Removal @ Polishing Ponds & $35,625:00 . Oxidation ponds 1-10 Provide one year maintenance with a two person • 13 crew. Remove Cattails,Bulrush and Ludwigia from the perimeter of the ponds:The'removal shall include manual and herbicide spray. Labor Rates: Rate/hr. 48 Weeks Est. Cost Laborer $45.00 . $720.00 Wk. $34,560.00 Materials: Herbicide Based on ten acres Aqua Master $ 473.00 • Activator 90 $ 592.00 Total Cost: $111,06500, This proposal is based on the information included in the Bid Request from the City of Petaluma dated August 7, 2012 pages 1-4, Exhibit A pages 1-8, Exhibit B pages 1-2, Exhibit Cpages 1-3 and Exhibit D pages 1-2, along with verbal instructions from Lena Cox during a site walk Respectfully Submitted, Accepted by s X . t. Lena Cox, E.S. Supervisor City of Petaluma Date Accepted:/<, / a' es:L: Dibble, Owner R ibble Landscaping 14 INSURANCE REQUIREMENTS Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and dthe Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons,or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code 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 Consultant shall maintain limits no less than: 1. General Liability: $,1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident-$1,000,000 each accident. Bodily Injury by Disease -$1,000,000 policy limit. Bodily Injury by Disease —$1,000,000 each employee. 4. Such other insurance coverages and limits as may be required by the City. C. Deductibles,and Self-Insured Retentions Any deductibles or-self-insured retentions mustbe declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers;or the Consultant shall procure a bond guaranteeing payment of losses and related'.investigations,:claim administration and defense expenses: Exhibit B1 Page 1 of2 INSURANCE REQUIREMENTS(City;) (Manage£609323)April 2040 D. Other Insurance Provisions The required.;general liability and automobile policies are to contain or be endorsed to contain the following,provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects:, liability arising out of activities performed by or on behalf of the Consultant;products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no',.special limitations on the scope of protection afforded to the City, its officers, officials; employees; agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City; its officers; officials, employees, agents and volunteers.. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or,other provisions of the,policies including breaches of warranties shall notraffect coverage provided to the City, its officers, officials, employees,agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except,'with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall, not be suspended, voided,, canceled,by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees, to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any with the Services to do likewise. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed-by a person authorized by that insurer to bind coverage on its behalf All endorsements are to be received and approved by the City before`the`Services commence. Exhibit 131 Page 2of2 INSURANCE REQUIREMENTS(Ctyy (iManage 4609323)April 2 r� _l �Ja 4:-; DIBBL99 OP ID:JG A.00/ C' i DATE(MMIDDIYYYY) . `,_,,j:-4< rf,m CERTIFICATE OF LIABILITY INSURANCE 10f19/12 THIS CERTIFICATE IS,ISSUED-AS A MATTER'tOFIINFORMATION ONLY AND CONFERS NO RIGHTS UPON:THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY'OR,NEGATIVELY AMEND, EXTEND°OR ALTER'THE COVERAGE AFFORDED BY THE.POLICIES BELOW.• THIS CERTIFICATE OF INSURANCE DOES,NOT CONSTITUTE A CONTRACT'BETWEEN THE`ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE/CERTIFICATE HOLDER: IMPORTANT: It the certificate:holder-is an ADDITIONAL INSURED,the policy(leS),'must',be'endorsed: If SUBROGATION IS WAIVED;subject to the terms and conditions of the Palley;certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).. - . PRODUCER. 916.630-8643 nDAmen.r. Brown 8'Brown Insurance PHONE - FAX Brokers of Sacramento Inc. 800-783.0083 Arc.NqE _ 1aie,Nol: P.a Box 619043 Lic#0H38004 E Aooaess Roseville,CA 95661.9043 ______._._-_ INSDRERIS]_AFFOROWG COVERAGE NAICC__ .. INSURER A:Financial Pacific 31453 INSURED Dibble Landscaping INSURER::Hartford Casua__ •Insurance Co___ _ 129424 __ 483'RainsvilleRd. ` Petaluma,CA 94952 INSURER c — INSURER D' INSURER E: - '^ INSURER F: - COVERAGES - CERTIFICATE NUMBER!' _ REVISION NUMBER:. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED'TO THE INSURED NAMED:ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERKOR CONDITION OF ANY CONTRACT.OR OTHER.DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY'PERTAIN-,THEINSURANCE:AFFORDED BY THE POLICIES,DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES;.LIMITS SHOWN MAY HAVE BEEN REDUCED-BYFPAIDCLAIMS. ILTR� _ - - I/IRE, vo 1 POUCYEFP POLICY LIMITS �LTR TYPE OF INSURANCE INS WWI POLICY NUMBER 'jMM/ODmYWI IMMIDDIYYYV) GENERAL LIABILITY EACH OCCURRENCE S 1,006,000 –DREM ETORENIED A X COMMERCIAL GENERAL LIABILITY X i 60420744 10/14M2 10114/13 pREMiSE57Ea ocmrrencet $ 100,000 CLAIMS-MADE X OCCUR MED EIP(Any one person) $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE 5 2,000,000 GENL AGGREGATE LIMIT APPLIES PER'. 'PRODUCTS-COMP/OPAGG 5 2,000,000 )POLICY I-l°F° 'i'LOC _ 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,006 !Ea accident) S A ANY AUTO 60420744 10/14/12 10/14113 BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY ecadenl) S X AUTOS NON-0WNED PROPERTY DAMAGE 5- X HIRED AUTOS X AUi08 _leer acckl_____.______._.__—._.___._._ S 1 I UMBRELLA/JAB EACHOGCURRENCE b OCCUR • 1 EXCESS LIAR CLAIMS-MADE AGGREGATE S DEC RETENTIONS - INC ffiATU OTH I$ WORKERS COMPENSATION AND EMPLOYERS''LIABILITY RI TORY UL11LSd FR I_ B ANYPROPRIETORPARTNEEXECUTIVE V/N iNLA 57WECD07835 04/01/12 04/01/13 .EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE S 1,000,000 d ee,describe OFer DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S 1.000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES IAeacR ACORD 101,Additional Renwrka Schedule It more space is tequlredl El lis Creek Water Recycling Facility Pond Vegetation Maintenance services and the City of Petaluma,its officials officers,employees ,agents,and. volunteers-acting within.the scope.of theirdutiesahat are controlled 8, supervised by the primary(first)additional Insured are included.as an. Additional Insured under Commercial.General(see'attached notepad) CERTIFICATE HOLDER CANCELLATION. CITYOFP .. _.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES'BE CANCELLED BEFORE . ... THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Petaluma ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Ellis Creek WRF 11 English St AUTHORIZED REPRESENTATIVE Petaluma, CA 94952 //' I ©1988-2010 AGGRO CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I 1 7 • HOLDER CODE CITYOFP� OIBBL99� PAGE 2 NOTEPAD. INSURED'ENAME Dibble Landscaping OP ID:JO DATE 10/19/12 Liability policy per endorsement CG 20 10 02-,10 R attached."Subject to company approval•Re:Landscape Gardening work performed at Ettis Creek Recycling Facility 18 POLICY.NUMBER: 183154A COMMERCIAL GENERAL LIABILITY CG 20 10 Blanket'Additional Insured 02 10R THIS ENDORSEMENT'CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED OWNERS; LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR•ORGANIZATION: DESCRIPTION OF WORK: Any person or organization to whom or to which the The type of work performed must be that as named insured is obligated by a virtue of a written described under classifications in the CGL contract to provide insurance that is'afforded by this Coverage Part Declarations. policy. Where required by contract the officers, officials, employees, directors, subsidiaries, 1) LANDSCAPE GARDENING partners, successors, parents,divisions, architects, 2)ANY SUBCONTRACTED WORK surveyors and engineers are included as additional insureds. All other entities, including but not limited to agents,volunteers, servants, members and partnerships are included as additional insureds, if required by contract,only when acting within the course and scope of their duties controlled and supervised by the primary(first)additional insured. If an Owner Controlled Insurance Program is PRIMARY CLAUSE: involved,the coverage applies to off-site,operations When this endorsement applies and when required , only. If the purpose,of this endorsement is for bid by written contract, such insurance as is afforded by purposes only then no coverage applies. the general liability policy is primary insurance and other insurance shall be excess and shall not WHO IS AN INSURED:(Section.II) contribute to the insurance afforded by this This section is amended to include as an insured endorsement. the person or organization shown on the Certificate of Insurance, but only to the extentthat the person EXCLUSION: or organization is held liable for your ads or The insurance provided to the additional insured omissions in the course of"your work" for that does not apply to"bodily injury", "property damage" person or organization by or for you. The or°personal and advertising injury"arising out of an "products-completed operations,hazard" portion of architect's, engineer's or surveyor's rendering or the policy coverage does apply to any work failure to render any professional services, including: involving or related to properties intended for residential or habitational occupancy(other than 1 The preparing, approving,or failing to apartments). prepare or approve, maps; designs, shop drawings,opinions, reports, surveys,field WAIVER-OF SUBROGATION: orders, change orders, or drawings and We waive any right of recovery,when required by specifications; and written contract that we may have against the 2. Supervisory,inspection, architectural or person or organization shown in the Certificate of engineering activities. Insurance because of payments we make for injury. Endorsement LOCATION OF JOB: EFFECTIVE DATE: Oct/14/2011 The job location nfusfbe within the State of domicile of the named insured, or within any contiguous Endorsement State thereto. EXPIRATION DATE: Oct/14/2012 CG 20 10 Blanket Additional Insured 02 10R Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission 19 POLICY NUMBER: 183154A EPIC 0200(10-09) THIS ENDORSEMENT CHANCES THE,POLICY. PLEASEREAD;ITCAREFULLY BUSINESSAUTOtLITE COVERAGE ENDORSEMENT This endorsement modifies insurance Prot-ided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of:the Coverage Form apply.unlessmodified by this endorsement. SECTION II- LIABILITY COVERAGE-Amendments COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS WHO IS AN INSURED Supplementary'Payments is amended as follows: The following are added to WHO IS .AN:INSURED: We will payup.to$3,000 for cost of bail bonds(including BLANKET ADDITIONAL INSUREDS bonds for related traffic law violations)required because of an "accident"we cover. We do not have to furnish these Any person or organization with whom you agreed._because bonds. of a written contract,agreement or permit,.to:provide insurance such as is afforded under thisCoverage.Part,but We will pay all reasonable expenses incurred by the only with respect to your ownership,tnaineritlnce bc.use'of a "insured" at our request, including actual loss of earnings up covered auto." This provision only appliess:if the written to S300 a day,because of time off from work. contract or agreement has been executed or permit issued prior to the"bodily injury"or"property' damage." SECTION III - PHYSICAL DAMAGE COVERAGE- Aniendments This coverage shall be primary and not contributory with respect to the person or organization inclttded:as an "insured" AUDIO, VISUAL,AND DATA ELECTRONIC under this section. Any other insurance that person or EQUIPMENT COVERAGE EXTENSION organization,has shall be excess and not contributory with respect to this insurance,but rhis:provision only applies if it is Any reference to equipment for the reproduction of sound required in.the written contract,agreement or permit identified also includes video and global positioning systems. in this section.and is permitted by law. EXPANDED TOWING COVERAGE BROAD FORM NAMED INSURED In addition'to the toCving and labor limit shown in the Any business entity newly acquired or fm med'by you,other Declarations for private passenger type"autos," we will pay than a pannership,joint venture or limited liability company up to S7s for towing and labor costs incurred each time the during the policy period provided you own,50%,.or,more of coveted auto is disabled. I Losseser,the labor must be the business entity and the business entity N not separately perforntedatihe place of disablement. insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or This coverage applies only to an "auto" covered on this formation of the business entity: policy for other physical damage coverage. EMPLOYEES AS INSURED-HIRED AUTOS EXPANDED TRANSPORTATION EXPENSE Any"employee"of yours isian"insured-while Operating an Coverage Extensions- Transportation Expenses is deleted "auto" hired or rented under a'connract or agreement in that and replaced by the following: "employee's"name, with your permtsston,,whilepettbmning duties related to the conduct of your business. We will.pay up to Soft pet day to.a maximum of S1,300 for temporary transportation expense incurred by you because of EMPLOYEES AS INSURED'-NONOWNED AUTOS the thudsl theft of a:covered "auto"of the private passenger type. We Will 1pay:onlyfor those covered "attics" for which. Any "employee"of yours is an "insured"while using a you carry either Comprehensive or Specified Causes of Loss covered "auto"you don't own,hire or borrow in your .Coverage. 'We will pay for temporary transportation business. expenses:incurred during the period beginning 48 hours after Includes copyrighted material of ISO I'ropertics,Utth with itv permission Page I of 20 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. e 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'ofviolation 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, certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE Page 1 of 3 21 this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered h this eledgmentand Certification. SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: Ellis Creek Water REcycling Facility Pond Vegetation Maintenance Services (Print Name of Coveted Entity/Business Cap ity) 47/4 (Print Name) is /.i.,, •slid. M" (Signature) Its �` 12611 i (Title /Capacity of Authorized Signer) ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE Page 2 of 3 22 REPORT OF CHARGES, COMPLAINTS;CITATIONS AND/OR FINDINGS PURSUANT"TO PETALUMA MUNICIPAL CODE SECTION 836.120 FOR EACH WAGE,HOUR,COLLECTIVE BARGAINING,WORKPLACESAFETY,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 INDUSTRL'AL RELATIONS (LABOR COMMISSIONER),ENVIRONMENTAL PRO1ECFION 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 CONMIUNITY DEVELOPMENT COMMISSION-FUNDED,AGREEMENT OR BENEFIT SUBJECT TO PETALUNLA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE),AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDLATELY 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 NLATTER AND THE MANNER OF RESOLUTION, IF ANY,FOR EACH SUCH CHARGE COMPLAINT,CITATION OR FINDING. IF NONE,PLEASE STATE"NONE": g C, ATTACH ADDITIONAL PAGES IF NEEDED. - Date: Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if known: June.2011 (Manage#16386972). ACKNOWLEDGEMENT AND„CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE Page 3 of 3 23 ,rl/S O,Vo • 11- OCT 1 2012 tee` September 24, 2012 �FCrOR co- Mr: Dan St. John 595 Lane Director/Public Works and Utilities Coma, - - Coma,CA 94931 1.800331.3236 or 707.283.2'-00 City of-Petaluma 707.2852210 fax 11 EnglishStreet www.msmosquito.com Petaluma, CA 94952 • Philip D.Smith Dot"°Man!ager Re: Mosquito-Production and Control at Ellis Creek Water Recycling Facility, Petaluuma BOARD OP TRUSTEES Ed Schulze.President Marin Co,00 y.4 f lame Paul Lihcie vice President Rol umr Park Dear Mr.St. John: • t Judith San Rafael,Secretary The City of Petaluma's Ellis Creek Water Retyding Facility(ECWRF)is a-wide!y looked-at Guy tPUsnn, rrcacnrre model for wastewater treatmentoperations. Unfortunately, a negative feature exists that is a Sebastopol potential health threat to Petaluma residents and visitors. Ta,naru Davis Sonoma County Large As you know,the Marin/Sonorna Mosquito and Vector Control District(MSMVCD) has been Richard Stabler conducting mosquito surveillance, mosquito-borne disease surveillance,and mosquito Sonoma Conn t y Ai large control•at the ECWRF over the last several years. During this time,MSMVCD has been Steve Ayala working cooperatively wlth.ECWRF staff toward the goal of reducing larval mosquito Pin:auto production,ff e. source'reduction)in.Canal C(the carial),.the ponds(primarily ponds 9 and rn,Wood 10)and wetlands(units A, B, C: and D)and thus the need for repeated applications of i-tea fibrse mosquitolarvicides and adulticides. Patin tie van Dyke "1a° The canal, ponds, and wetlands at ECWRF currently have abundant,dense concentrations Charles honey of tall aquatic emergent plants like bulrush and cattails. The dense concentrations of these Sonoma plants provide an ideal,protective habitat for large populations of Culex erythrothorax Bill Pitcher mosquitoes,Cuter erythrothorax is:known,competentvectorof diseases like West Nile Margaret Graham virus, and MSMVCD•hasactually found Wes{Nile virus in mosquitoes collected in the Merin nn,n„•tit LaIgc vicinity-of ECWRF. :Harty Ca.In' ldc dror Mosquito populations•at ECWRF.now require an increasing amount of mosquito Tons B!adner surveillance and control.Due to the.excessive vegetation growth,these operations are lurks proving to be very difficult,time consuming for our personnel, and costly. The dense, Sandra Ross overgrown plants further reduce the efficacy of any mosquito control materials applied. ru Valley cram:Fgger MSMVCD has-held several meetings with ECWRF.staff to communicate the increasing difficult-Tot controlling mosquito populations oh site,the potential for mosquito-bome disease Herman%,cart transmission, possible public and wildlife health ramifications,and the urgent need for mosquito-source reduction actions. Unfortunately to date, little has been accomplished to "'i!!er im rovethesituation. p eima!n rl!,nand San a„ref n,!: I am.writing!to inform you that the high mosquito counts at ECWRF are cause for concern: Gager Snrlih the.potential exists for public health Sues for;ECWRF employees,the visiting public, and 'damn' the surrounding community. Due to inadequate vegetation-management in the canal, William Ring ponds, and wetlands, MSMVCD's operations to control mosquito populations at ECWRF sot,„:afro Nana Barnard Corte A-lad,:n: 24 e Page 2 September 24,2012 are becoming progressively less effective and more difficult to sustain. Adult mosquito traps have recently collected samples of over a,000 mosquitoes in one trap during a single trap night Direct observation by MSMVCD staff indicates mosquito populations are the highest they have ever,been—this in a season that is proving the most serious for West Nile virus infections since the disease first arrived in California. The abundant,dense vegetation in the canal; ponds,-and wetlands provides a protective habitat for mosquitoes'and hinders the penetration of larval and adult mosquito control materials. MSMVCD is currently using a.helicopter and'granular biological larvicides to help control larval mosquito populations in the canal,.ponds; and wetlands. MSMVCD is also performing mosquito adulticide operations to reduce the high numbers of adult mosquitoes. Increased;need for regular mosquito control operations and weekly surveillance to monitor mosquito populations is causing signficant.costs to the City of Petaluma(City), and requires additional time worked for MSMVCD operations and laboratory staff—probably unsustainable in the run. MSMVCD appreciates that ECWRF staff has been helpful, and worked cooperatively with the •District. They have assisted in altering water exchange in the ponds and wetlands in an attempt to maximize the efficacy of mosquito larvicides, closed the site as needed to allow formosquito control operations, assisted in informing and educating the public, and attended meetings to discuss current issues and potential source reduction measures. As background,.for several years during the design phases and early construction of the ECWRF, MSMVCD participated, commented and provided recommendations. MSMVCD presented examples Of heavily vegetated treatment Wetlands that brought about serious mosquito production and control problems — such as those included in research conducted Dr. Bill Walton and others. MSMVCD staff made specific recommendations to help minimize future mosquito production, promote mosquito control, and facilitate access for management and maintenance. At the time, MSMVCD stressed that if the City allowed the design of ECWRF ponds and wetlands that included abundant, dense, tall'stands of emergent vegetation, it was likely to resulYin severe mosquito production and the potential for public health issues. These conditions also invariably give rise to difficult and costly mosquito control operations. .Unfortunately, the City at the;time did not follow MSMVCD's suggestions and recommendations. Indeed, against MSMVCD's advice, the City opted to further •increase the amount of bulrush plantings in ponds 9 and 10 and wetlands A, B, C, and D. MSMVCD also informed City staff of property owner responsibilities regarding mosquito and other vector hazards, which are clearly delineated in the California Health and Safety Code(Division 3, Chapter 1,Article 5, Section 2060 et. al.). Mosquito production and mosquito control at ECWRF is now at a critical point. MSMVCD formally requests that the City increase its efforts toward vegetation management and mosquito source reduction.. Specifically, we•request that the City implement vegetation management in the ECWRF canal, ponds and wetlands, to help 25 • Page 3 September 24,2012 reduce mosquito production and minimize potential. for vector-borne disease transmission and nuisance for area residents. If you have any questions, or if MSMVCD staff can assist in providing helpful references to research and other information, please contact me at 707-285-2209. MSMVCD looks forward to working with the City and. ECWRF staff to resolve this serious matter in a timely manner. Respectfully; Erik Hawk Assistant Manager Cc: Remieh Scherzinger—Engineering Manager/Public Works and Utilities—City of Petaluma Matt Pierce—Operations Supervisor-Ellis Creek Water Recycling Facility Lena Cox-Environmental Services Supervisor-Ellis Creek Water Recycling Facility Steve Ayala—MSMVCD Board of Trustees—City of Petaluma • 26