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2010-09-07 4-F ContractI I I J I I D. City and Contractor desire to enter into an a for Ve Mana Debris Mana and Water Q ualit y Monitorin for the Southshore la upon the terms and conditions herem'. NOW, THEREF ORE, it is mutuall a b and between the undersi parties as follows: 1. TERM: The term of this A shall commence on the I A da of Jul 201.0, and shall terminate on the 30th da of June, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED-. Contractor a at its own cost and expense, to furnish all labor, e materials, transportation costs, and techni advice re to do all work strictl M*.accordance with the Exhibit A. Scope of Work, which are hereb referred to and expressl made a part hereof with the same force and effect as if the same were full incorporated herein. La G-\pubworks\pwad min \MAINT\2010201 l oons\c1eantakesa Clem Lakes Pa I Total. compensation. for identified work scope. 'is $88,500, In addition there is a 20% contion re su ltm" g i6n:a total not to exceed contract. fice of $14,795. Use of contin shall Pn re prior written authorization b the Cit 4. TINE IS OF. THE. ESSENCE.: Contractor and Cit a that ti-Me is of the essence re the perfonnance of this A Or 5. STANDARD OF CAREW Contractor a to perfiorm a 1 11 servi W ces here m*.a ma comm en s u rate.witb ha t I prevailin standard o f like profes.sionals 'in the San Francis Ba y Area-and Ahdt all service shall be performed b y qu al.ified. a nd experi personnel Who are not emplo b the City no have an c Wim ult La G:\pubworks\prwadmin\MAINT\2010201 I Ma Clean Lakes Pa 2 La G.\ pu b works\pwadminWADTMO 10201 Ala oonsklemilakesa and oc Own Ukes Pa 3 (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate all other Property Damage: $1,000,000 each Occurrence aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive Comprehensive. automotive liability coverage in the following minimum limits: Bodily Injury: $1,000.,000.each occurrence. Property Damage: $1,000,00.0 each occurrence or Combined Single Limit: $2,000,000 each occurrence (4) Pollution Prevention Legal liability required for hazardous materials excavation in the amount of 2,000,000 each occurrence. B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for. which he /she has agreed to provide comprehensive general and automotive liability insurance, Contractor shad look solely to his /her insurance for recovery. Contractor hereby grants to City, on behalf of any insurer. providing comprehensive general and automotive liability ins .urance to either. Contractor or City with respect to the services of Contractor herein., a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the tern hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor .and .shall be compensated by the. Contractor.. for the costs. of the insurance premiums at the maximum rate permitted by later and .computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council. boards and commissions officers, and employees shall be named as an additional insured under all insurance coverages, except any professional. liability insurance, required by this Agreement. The naming of an additional insured .shall not affect any recovery to which such additional insured would. be entitled under this policy. if no named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Lagoon C:\DOCUME-11CATT U- 2\LOCALS -I\ Temp -XPgipwise \G eanlakesaoree.doe Clean Lakes Page 4 E. SUFFIC OF INSIIR�CE.- The m*surance ffinits re b Cit are not represented as bein to protect Contractor. Contractor 'I's adAsed to confer with Contractoes insurance broker to determine ade covera for Contractor. 1 13. SUBCONTRACTOR A RPROVAL Uliles s pr tor writt�ri c f Cit is obtained, onl people a subcontract whose name.s.. and.resumes are attached to this A shall be used in Ahe �of this A In the. even that Contractor emplo subcontractors, such subcontractors shall.. be .re to fumish proof of workers'. Compensation insurance and shall also be.re to carr g eneral, auto and P rofessi o nal. li m 'su r a n ce m re -co n.fort to the msurance car b Contrac In a an work or services subcontracted her S be sub ect to each provision of this A W 14. PERMITS AND LICENSES* Contractor,, at hiA6i sple.expense, shall.obtain and maintain durin the term of this A all appropriate permits, ce.rfiffi.cates and licenses ffi but. n limited to,, a Cit Business License, that ma be re in connection with the perfonnance of services hereunder. La 6,\pubworkg\pwadmin\MATiNT\20102011\la Clean Lakes Pa 5 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information re b Cit that relate to the performance of services under this A If supplemental examinati audit of the rec o rdsis necessar due toconcems raised b Cit prelimm*ar examination oraudit of records, and the Cit supplemental examination or audit of the records discloses. a failure to adhere to. appropriate intemal financial controls, or other breach of contract or failure to act 'in g ood faith, then Co s hall -reimburse Cit for all reasonable costs and expenses associated with the supplemental examination or audit. La G:\pubworks\pwadmin%IARMOIG-2011\la Clean Lakes Pa 6 17. NOTICES All notices, demands, re or approvals to be g iven under this A shall be g iven M writin and conclusivel shall be deemed served when delivered personall or on the second business da after the deposit thereof in the United States Mail, posta prepaid, re or certified, addressed as hereinafter provided. ZMN All notices, demands, re or approvals from Contractor to Cit shall be addressed to Cit of Alameda 1616 Fortmann Wa Alameda CA 94501 Attention.- Larr Strunk All notices, demands, re or approvals from Cit to Contractor shall be addressed to Contractor at.- Clean Lakes, Inc. Ja Kasheta 2150 Franklin Can Road Martinez, CA 94553 Ph: 925-957-1905, Fax.- 925-957-1906 18. URBAN RUNOFF MANAGEM The Contractor shall. avoid creatin excess dust when breakin asphalt or concrete and 0 durin excavation and g radin g If water is used for dust control, contractor shall use as little as necessar Contractor shall take all steps necessar to keep wash water out of the streets, g utters and storm drains. The Contractor shall develop and 'Implement erosion and sediment control to prevent pollution of ston-n drains. Such control includes but is not limitcd to: A. Use storm drain lonlet protection devices such as sand ba barriers, filter fabric fences, block and g ravel filters. Block storm drain M*Iets prior to the start of the rain season (October 15), M* site de-waterin activities and saw-cuttin activities shovel or vacuum saw-cut slurr and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheetin All construction materials must be stored in containeirs. C. Sweep and remove all materials from paved surfaces that drain to streets, g utters and storm drains prior to rain as well as at the end of the each work da At the completion of the pro the street shall be washed and the wash water shall be collected and disposed of offshe m' an appropnate location. La G:\pubworks\pwadmin\MAINT\2010201 1 \1a Clean Lakes Pa 7 D. After.breakin old pavement, Contractor shall.rernove all debris to avoid contact with ram'fall or runoff. E. Co shall m a clean wo rk area b removin ftsh, litter, and. debris at the end of each workda Contractor shall also clean up an drips, and. other s pills as the occuro The objectiv is. to ens that the Cit and. Count of Alameda Count Clean lem ented Otorto the. st art Water Pro is ade e. These c s h ou ld. be -IMP.. of construction, up- as re maintaified dun'n construction phases to provide 9 ade protection, and remov at the end of construction. These recommendations are intended to be used 'in c with the State's Best Man n ement Practices. Murikipal and Construction HAfidbb6ks locAl pro g uidance 1. S materials from m p unici tes,. ection 7.1.01 of the:.s Sp 1cations and 'an 6th4�r appropnate documents on.storm w q ualit y controls.fo c Failure to compl w ith this pro *111 result in issu o noncompl" g ram w f ia citations, pr ect stop:orders orflnes. Th fine for no Ii 0 i. nco a nce:of. the above. pro is two hundred. and f ft dollars �($250,100) occuffence. per:. 0# ne St�t� uhder the Ft!�deral Elean. P.er Water Act can also impose a fine on e contractor, p rs ant t Cal, Water. Code 13 3 85 19. cow.. .LIANCE WITH MARSH CRUST RD C66,i al l e wgrkJ* with the. Cit .M City Crust Ordinance as set f6M at Section 13-56. of ..ffie C6& P nor to p n 9 an excavatio wor �Co shall .verify with the Building Ofcial.� wh et h er �.the �excavation work is subject to the .:M;btrsh 0,4st Oidi.na�.ee. Contrac shall. pp I Eric 6btAi permits from. Buildin Services on P ro j ects deemed to be sub to t Marsh Crust Ordinancc. Co shall. mai.n the wor sit f of.haz to persons a prope resultin from his or her operations,, An hazardous condition wted b Contractor,.. which is: a result of h is or. her operati An con Contractor,, w hich �is not result of his.or her o sh i be reported to the Cit 2 1. t OF MINED M& TERIAL MUIREMENT: Contractor shall. ensure that..411 h"es of mm ed: m atenals such as constmet1`0 emsh d materi and an other mm*c a sand and:6naveL e stone, road:base, fill *aIs Materials must on from a surface minin identiffied on the AB3098 List per Surface Minin and Reclamation Act of 1975 SMARA Lagoon G,\pubworks\pwad minim AINT\2010201 .f oons\cleanlake% Clean Lakes Pa 8 Within five da of award of contract, Contractor shall submit a report to Cit which lists the 'intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA re The AB3098 List is maintained b the Department of Conservation's Office of Mine Reclamation (oMR) and can be viewed at: www.Conservation. I I ova 0MR/ab .3098 I'st/'ndex.htm. Note that the list chan periodicall and should be reviewed accordin Cit shall have the opti n, at its sole discretion and without cause, of termm*afin this A b g ivin g seven 7 da pn'or written notice to Contractor as provided.herein. Upon tennination of this A each part shall pa to the other part th.at portion of compensation specified in. this A that is eamed and unpalid prior to the effective date of terrnm*atloon. 23. COMPLIANCES: Contractor shall compl with all laws, state or federal and all ordinances, rules and a enacted or issued b Cit 25. ADVERTISEMENT: Contractor shall not pos� exhibit, displa or allow to be posted, exhibited, displa an si advertisin show bills, litho posters or cards of an kind pertamin to the services performed under this A unless prior written approval has been secured from Cit to do otherwise. 26. WAIVER: A Waiver b Cit of an breach of an tenn, covenant, or condition contained herein. shall not be deemed to be a waiver of an subse breach of the same or an other term, covenant, or condition contained herein, whether of the same or a different character. 29. CAPTIONS: The captions M* this A are for convenience onl are not a part of the A and mO no wa affect, IIMit or amplif the terms or provisions of this A IN WITNESS WHEREOF, the parties have caused the A to be executed on the da and y ear first above written. CLEAN LAKES,, INC. A Cali'fomia Corporation J4�k.sheta Operations Mana X IMM. 's Ann Manoe Gallant Interim Cit Mana Matthew T. Naclerio Public Works Director La G:\pubworks\pwadmin\MAINT\2010201 Wa reed oc Clean Lakes Pa 10 MMERCIAL GENERAL LIABILITY CG 20 10 10 93 This endorsement modifies insurance provided under the followinj La GApubworks\pwadmin\MA1NMO16201 Wa Clean Lakes Pa I I r. VIA j owl Ow 0 ra[[ n s' a ..J��..... ....4'..::�!� rr N��� :c i. eF l� yt�.. sa La GApubworks\pwadmin\MA1NMO16201 Wa Clean Lakes Pa I I With respect to covera provided b this endorsement, the provisions of the Covera Form appl unless modified b thi's endorsement. This endorsement identifies person or orgmization(s) who are "instweds77 under the Who Is An Insured Provisions of the Covera Form. This endorsement does not alter covera provided mi the Covera Form. Thi's endorsement chan the polic effective on the inception date of the polic unless another date is indicated below. Endorsement Effective: I Named Insured: Countersi B (Authorized Representative) 11 11 1111111111p Cit of Alameda Public Works Department 950 West Mail S Room 110 Alarneda, CA 94501-7558 WHO IS AN INSURED (Seefion 11) is amended to 'Include as an insured the person or or shown in the Schedule, but onl with respect to liabilit anisin out of y our on operations performed for that insured. REF6 The Cit of Alameda, its Cit Counc% boards and commissions, officers emplo are additional M*sured for work done on their behalf b the named 'Insured. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY Fol ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL B SENT TO THE CERTIFICATE HOLDER. BY MAIL. TN T14E EVENT THE POLICY IS CANCELED F NON-PAYMENT OF PREMIU 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. CA 20 48 02 99 Pa I of I La RFB G,\pubworks\pwadmin\MAINT\20102011\la Page 11 Julie 2 1 0 VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL 04r ofArrrneda 1 of'23 CLEAN LAKES.IN.Ce BACKGROUND INFORMATION: Clean Lakes, Inc. (CLI) is submitting this proposal in response to a Request for Bid (RFB) from the City of Alameda (City) to provide professional aquatic plant management, trash debris control, and water quality monitoring services for the South Shore Lagoons. The South Shore lagoon system consists of five individual lagoons linked together by approximately 3,070 linear feet of 60 -inch reinforced concrete pipe. The lagoon system was constructed in the late 1950's and early 1960's, when the existing San. Francisco Bay shoreline was filled to create additional single family residential units, some multi- family structures, and a few commercial properties. The lagoons are approximately two miles in length, have a total surface area of approximately 50 acres, and vary in depth from one foot at the perimeter walls to approximately eight feet in the center. CLI provide professional aquatic plant management, trash/debris control, and water quality monitoring services for the City of Alameda and the South Shore Lagoons f rom the mid 1980's through November 2001, so our understanding of the system and the maintenance requirements is well understood. In. addition to providing professional aquatic vegetation control services, CLI provides professional services for water quality monitoring on a weekly basis that includes weekly sample collection of water samples for analyses of Total Coliform, Fecal. Coliforrn, E. call, and/or En.terococcus at brackish and freshwater sites in the Malibu Creep watershed.. CLI is responsible for all aspects of collecting samples, receiving results, quality assurance, and comparing against exceedence standards. Data Management requirements and submittal of weekly and monthly bacteria TNII7L monitorin g p y g reports to City of Agoura Hills, who acts as the lead agency for watershe d partners (http i 2ndLeve /monitorin table.html). VEGETATION AND DEBRIS MANAGEMENT AND WATER. QUALITY MONITORING PROPOSAL City aj'Alanzer a 2 o1 *23 CLEAN L SCOPE OF WORK 1. South Shore Lagoon System Vegetation and Debris Management: CLI will provide lagoon system maintenance that includes all labor, equipment, materials, insurance, transportation costs, technical advice and California Department of Pesticide Regulation, Pest Control Advisor's Written Recommendations required to complete the following work: a) Control of aquatic weeds and algae growth and maintenance to prevent nuisance growth. (Note: prior to vegetation and algae control efforts it is recommended that CLI review the City's current NPDES permit to ensure compliance with all requirements. Additionally, this review will provide CLI with background information on the current control efforts. CLI will then be able to identify and document during the course of the contract the most efficient and cost effective methods for aquatic vegetation and algae control. In addition, CLI can update the City's Aquatic Pesticide Application Plan to meet the new April 2011 US -EPA and California water Resources Control Boards NPDES Pesticides General Permit requirements). CLI will provide aquatic plant control in compliance with the City of Alameda" s Integrated Pest Management (IPM) Policy, b) The application of aquatic pesticide treatments to control and reduce excessive growth of algae, phytoplankton, and/or submerged water weeds, and/or provide consultation regarding aquatic nuisance control. CLI will when appropriate, use our patent pending LittLine system, a Littoral Zone Treatment Technology y 3 gy to reduce he and algaecide rates while increasing efficacy (www.LittLine.com). c) Mechanical and/or manual harvesting of excess nuisance aquatic plants which may not be readily amenable to chemical treatment. d) Inspection/treatment schedule will be on a weekly basis throughout the entire year. e) Debris removal will be on a weekly basis throughout the entire year. Special attention will be given to the following areas. i. Court Street (east end) ii. Grand Street Bridge, N/E corner iii. Mini Park (at south end of Oak Street) VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITOIRJNG..PROPOSA.L City of'A lain eda 3 of 23 CLEAN LAKES INC. iv. Burbank Street and Portola Avenue v. Inside and outside the Willow Street Weir vi. Willow Street (east) vii. Broadway CLI possesses the expertise and all the required registrations and licenses required to (a) treat submerged, floating, emergent weeds; (b) provide algae control; and (c) control ditch bank weeds, utilizin'g only labeled herbicide products. CLI shall staff all work appropriately to ensure adequate safety procedures are followed through the development of a Site Specific Safety Plan for the project. 2. Water Quality Monitoring, South Shore Lagoons: Water quality monitoring for the South Shore lagoons will be performed on a monthly and weekly basis as follows: a) Monthly monitoring will consist of the following: i) Temperature, dissolved oxygen (DO), salinity, and pH Tested at .three feet (3') from the surface at five (5) locations L l A, L2A, L3A, L4B, and L5 B and clarity (secchi disk measurement) Tested at required depth of clarity at five (5) locations L1A, L2A, L3A, L4B and LSB. ii) Fecal Coliform (FC) Tested at one (1') foot from the surface at four (4) locations LlA, L2A, L3A, L4B and LSB. Levels of FC greater than 400 MPN/ 1 OOmI will be reported immediately to the Public Works Superintendant and additional samples will be taken at the direction of the Public Works Superintendant. b) Weekly Monitoring will consist of the following: i) Fecal Coliform (FC) Tested at one (1) foot from the surface atone (1) location L3.A. Levels of FC greater than 400 MPN/ 100ml will be reported immediately to the Public works Superintendant and additional samples will betaken at the direction of the Public works Superintendant. VEGETATION AND DEBRIS MANAGEMENT AND 'WATER QUALITY 'MONITORING PROPOSAL City of'Alameda 4 of'?3 CLEAN LA.KE.s.INCO c) During the year additional tests may be utilized to establish a database for managing and monitoring the water quality of the lagoons. CLI has included costs for the following tests, on a cost per test per location basis, should these tests be needed in the future for monitoring purposes. d) CLI has provided costs for the following test on a cost per test basis (see Exhibit B). i) Chlorophyll a Tested at a three foot (3) from surface. ii) Total Coliform Tested at one foot (1) from surface. Levels of Total Coliform greater than 1000 CFU will be reported immediately to the Public Works SUerintendant. iii) Fecal streptococcus Tested at one foot (1) from surface. iv) Escherichia coli (e. coli) Tested at one foot (1) from surface. V) Orthophosphates PO4 Tested at one foot (1) from surface. vi) Nitrates NO3 Tested one foot (1) from surface, or at a depth to be determined. vii) Nutrients Tested at one foot (1) from bottom, or at a depth to be determined. 3, Per Sant le Bid Price: The bid prices in Exhibit B include, but are not limited to, all labor, materials, transportation costs, lab costs, and technical analysis required to complete the work. 4. Monthly Report: CLI shall provide a monthly report to the Public works Superintendant, no later than the second Tuesday of each month, outlining the previous month's activity and the current budget status. The report shall include: a) General observations and description of plant growth and debris removed for each week. b) A detailed summary of work perform and locations for each week. C) A tentative action plan for the upcoming month, including recommendations to improve the lagoon system operation and maintenance, if necessary. d) A summary of the types, product names and amounts of aquatic pesticides used for each treatment, using Dept. of Pesticide Regulation (DPR) monthly pesticide use report form or equivalent. e) The current budget status. VEGETATION AND DEBRIS MANAGEMENT AND WATER [QUALITY MONITORING PROPOSAL City of Alameda 5 of'23 CLEAN LAKES INC. f) The invoice for payment. g) Tentative action plan for the next period, based upon input from the Lagoon Management Consultant and direction from the Public Works Superintendant. All costs associated with the preparation and submittal of the monthly report is included in the unit prices of this bid document. 5. Meetings: A CLl staff member will attend the one hour AW' LHOC. Board Meeting, held the third Tuesday of each month at 2:30 p.m. at the Maintenance Service Center (1616 Fortrnann. Way, Alameda CA. All cost for attendance is included in the associated unit rice for one p (1) hour meetings. .Additional time will be compensated as extra work and paid accordingly. a 6. Lagoon System Access: The City and .AwLHOA Board shall provide CLI access to the lagoon system. 7. Alterations: The City reserves the right to increase or decrease the quantity of any item or portion of work, or omit portions of the work as may be deemed necessary or expedient by the Public works Director or his designee; also to make alterations or deviations, increases, or decreases, additions or omissions in the Scope of work as may be determined during the y progress of the work to be necessary or advisable. 8. extra work: New and unforeseen work will be classified as extra work when such work cannot be covered by any of the various items or combination of items specific above and/or is not covered by other contracts. CLI will not perform any extra world except upon written order from the Public works Director or his designee. For each such extra work, CLI will receive payment as previously agreed upon in writing. 9. Removal of obstructions: CLI will remove and dispose of all structures, debris, or other obstructions of any character to the construction of the project if and as required by the Public Works Superintendent. VEG r. 'Ark` ON AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING- PROPOSAL City oJ'Alumeda of'23 CLEAN L 10. Clean CLI will leave the work site in an acceptable and clean planner at the end of each work day. CLI will clear the street and all grounds occupied by the CLI of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work will be l eft in a neat and presentable condition. 11. Permits: CLI will obtain the permits and pay the necessary fees to complete the work as referenced herein. City shall reimburse CLI for the actual cost of the permit. CLI has been developing Aquatic Pesticide Application Plans as well as Annual Reporting for approximate eight (8) agency and private sector clients for compliance with the Statewide General NPDES Permit for Discharges of Aquatic Pesticides for Aquatic Weed Control to Waters of the United States throughout California since 2004. ORGANIZATIONAL MANAGEMENT AND TEAM MEMBERS: Thomas J. McNabb (Aquatic Pest Control Advisor) and Tyler Fowler (Environmental Compliance Manager) will be responsible for Permits, regulatory compliance, Written Recommendations, and project over site. Robert Lombardo (Field Operations Manager /Licensed Applicator) will be the day to day contact person for the Project, and Thomas Berney (Licensed Applicator) will be available to support aquatic pesticide treatments (aquatic herbicides and algaecides) as needed. CLEAN LAKES, INC2S QUALIFICATIONS: CLI provides Aquatic Ecosystem Restoration and Maintenance services to governmental and private sector clients worldwide, and has been actively involved in the control of exotic and invasive aquatic plant species in California since the early 1980's. The scope of services typically provided by Clean Lakes, Inc. includes the development of aquatic vegetation management programs, environmental monitoring of aquatic plant communities, implementation of invasive species control programs (mechanical, biological, and through the use of US EPA approved aquatic herbicides and algaecides), marsh restoration services, bathymetric surveys, and aquatic plant control services. .Additional information can be found on CLI's web site at www.clea.nlake.com Clean Lakes, Inc. is a Class "A", General Engineering Contractor licensed through the State of California, Contractors State Licensing Board, License No. 803463 and holds a Pest Control. VEGETATION AND DEBRIS MANAGEMENT AND WATER. QUALITY MONITORING PROPO .SAL City gJ'A lain eda 7n 1'23 CLEAN L Business License through the Department of Pesticide Regulation, License No. 31415 to perform aquatic pesticide treatments and applications. Our corporate offices are located at 2150 Franklin Canyon Road in Martinez California in the San Francisco Bay area, and our Southern California Field office is located at 31320 via Colinas, Unit 114, Westlake Village, California 91362. CLI's principals include Thomas J. McNabb and Thomas G. Moorhouse. McNabb has over 35 years (since 1974) experience in aquatic vegetation management, with experience controlling invasive exotics since the mid 1950's in California as well as other arts of the .United States and nd the world. Moorhouse has over 16 years (since 1994) experience workin g with gover within the Ignited States as well as other parts of the world in the development of mid p to large scale waterway management programs. Thomas Benney and Robert Lombardo head up CLI's field operations support staff. Benney has been involved in the control of invasive aquatic plants q p since 1985 both in. California as well as Indonesia. Lombardo has been involved in the control of invasive aquatic plants since 1990. Company and individual licenses and their status can be found at DPR's web site at .1itt /www.cdl r.ca. gv /docsilicensei currlic.htm. CLI's DPR licensed staff include the following: Thomas J. McNabb, PCB.. 72032, QAL 97451 Tyler Fowler, QAL 10873.0 Thomas Benney, QAC 79359 Robert Lombardo, QAC 79141 EQUIPMENT TO BE USED: CLI will use our Patent Pending LittLine (Littoral Zone Treatment Technology) for submerged aquatic vegetation control that places the herbicides within the bottom 2 foot of the water column, where impacts from wind and wave action are limited compared to conventional application systems A description of the a fi vessels and equipment to be used includin dro hoses: CLI would perform aquatic herbicide applications utilizing our "State of the Art" LittLi Littoral zone Treatment Technology (CLI has smaller vessels then those shown equipped with VEGETATION ATN D DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL Cite oJ'11hiineda N of 23 Via the use of the LittLine Littoral Zone Treatment System for li uid herbicide applications the q pp system has demonstrated its ability to treat the bottom half of the .water colu in li uid q herbicide use areas with 3 week post treatment efficacy of up to 100% .(Endothall /2,4 -D and u P to a 9 efficacy rate with liquid triclopyr in the Pack River Idaho Sites in 2008 (MSU GRI 2008 EURASIAN WATTERMILFOIL CONTROL PROGRAM REPORT pro am e ort for p Idaho, page 43). VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL Qv of Atai eda 9 of 2� CLEAN LAKES Through the use of Littoral Zone Treatment Technolo gy (LittLine� and 2009 data, "The Evaluation of Two Herbicide Application Methods (Justin J Nawro cki 1 g Kurt D. C etsin er Robert J. Richardson' 'North Carolina State Universit y, Raleigh, h Forth Carolina 2 U.S. Army Engineer Research and Development Center, vicksburor� Mississippi)", the foll owing charts outline the differences. between the LittLine technology, and conventional trailing hose application methods. As the data. clearly illustrates, the LittLine is capable of placing the aquatic herbicides in the aquatic plant beds in the lover p p g q portion of the water column that results in a higher CET relationship in the lower portion of the water column, and increased control. VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL City of Alameda 10 of 23 CLEAN LAKES INC: The LittLine has four (4) 100 foot discharge (aquatic herbicide application) hoses that are automatically reeled in or out bas.ed.on the water depth to maintain a specified depth below the water column (see speed and house depth chart. above). Pack River (above) :LittLine .'Technology vs. Lyons creek beto v} conventional trailing hose application CLEAN LAKES INC. CLI will provide the required support equipment for material handling (unloading trucks, loading boats) as well as support trucks for the vessels assigned to the project. experienced. The Site Specific Safety Plan will include all of the potential project related precautions and corrective measures that will be followed in the event of an incident.. In addition, CLI Will conduct a Pro ect Orientation Meeting to review the Site Specific Safety Plan with all. CLI, Ci J and other staff assigned to, or who will be involved with the proJect. All applicable State and Federal rules and regulations that govern. the use of aquatic herbicides and aquatic herbicide label instructions will be complied with to ensure the protection the environment. To prevent spills, the environmental p rotection measures that CLI implements include the use of a plastic liner under the duct containers ro 5 D gallon totes) as well as drip .pans and absorbent p under the p transfer hose connections to the herbicide totes. A 20 foot long absorbent pillow is then.. placed around the transfer area to catch any material in the event of a spill. Additional information related to spill prevention procedures will be outlined in CLI's Site Spec if c Safety Plan for the project. The empty herbicide containers will be removed from the project site on a daily basis for disposal in accordance with the State of California Department of Pesticide Regulation rules and regulations. VEGETATION AND DEBRIS MANAGEMENT AND "CATER QUALITY MONITORING PROPOSAL City of'Alanzeda 12 af'23 CLEAN LAKES INC REFERENCES: Following are a few references including contact name, addresses, and phone numbers for customers that CLI is, or has worked with that are similar to this RFP. 1) Lake Wildwood Contact: Terry Thies (530) 432 -7878 Project Name: Lake Wildwood Lake and Coif Course Ponds Aq u afic Vegetation Management Project Scope: CLI was contracted to develop and implement an Aquatic Vegetation Management Program as well as obtain NPDES Permit compliance documents that included the Aquatic Pesticide Application Plan, and filing of the Notice of Intent (NOI and Aquatic Pesticide Application Plan (APAP) with the Regional Board. In addition, the project included the required NPDES monitoring and sampling, generation and submittal of annual report Project Dates: 2006 to Present 2) Malibu Creek watershed, City of Agoura Hills Contact: Ramiro Adeva (818) 597 -7353 Project Name: Malibu Creek TMDL Compliance Monitoring Project Scope: weekly sample collection of water samples for analyses of Total Coliforrn, Fecal Coliforrn, E. coli, and/or Enterococcus at brackish and freshwater sits in the Malibu Creek watershed.. Responsible for all aspects of collecting aran les, receiving g p g results, quality assurance, and comparing against exceedence standards. Data Management requirements and submittal of weekly and monthly bacteria TMDL monitoring reports to City of Agoura Hills who act as lead agency for watershed partners. Project Dates: 2008 to Present 3) City of Benicia Contact: David wenslawski (707) 746 -4220 Project Name: Lake I Iernl.an Blue Green Algae Treatment and B athy metric Survey Project Scope: CLI was contracted to: generate a bathyrnetric nap of .Lake Herman develop NPDES Permit compliance documents that included the Aquatic Pesticide Application Plan, and filing of the Notice of Intent (NCI) and Aquatic Pesticide Application Plan (APAP) with the Regional Board. In addition, the proj in cluded th required NPDES monitoring and sampling, generation and submittal of a�uauaI re ort, p and to perform PAID 27 algaecide application services for the control of Blue Green algae in Labe Herman. Project Dates: 2008 to Present 4) Department of water Resources Contact: Doug Thompson (209) 833 -2044 Project Name: Aquatic Vegetation Management for Clifton Court Forebay Project Scope: Aquatic Vegetation Ma Program for the Clifton Court Foreba y Byron California, includes development Qf aquatic ve getat i on treatment reaps via GPS- VEGETAI`ION AND DEBRIS MANAGEME NT AND WATER QUALITY MONITORING PROPOSAL Ckv ref Alrumeda 13 o J '23 CLEAN LAKES INC. GIS, treatment and Site Specific Safety Plans, and the application of 10,000 gallon ear day of the aquatic herbicide (Komeen) for the control of aquatic vegetation. Project Dates: 2005 -2006 5) City of Santa Cruz d 0 Contact: Terry Tompkins (831) 420 -5454 0 Project Name: Loch Lomond Reservoir Algaecide Treatment Project Scope: Perform. PAK 27 algaecide and Cutrine Plus application services for the control of Blue Green algae in Loch. Lomond reservoir, project reporting. 0 Project Date: 2005 to Present 6) Santa Clara valley water District 0 Contact: Mark wander {408 }265 -2607, ext.3 851 i Project Marne: A.rundo Control Percolation Pond Algae and submerged vegetation Management 0 Project Scope: Invasive Species and Aquatic vegetation Control Programs on District Facilities, Includes GPS -GIS Program Mapping and Reporting of Invasive Species infestations on District Property Project Dates: 2004 to Present 7) City of Alameda, Public works Department Contact: Barbara Hawkins (510)749 -5863 Project Name: Invasive Spartina Control Program. Project Scope: Invasive Spartina Control, San Francisco Bay Estuaries, includes GPS Mapping and GIS Deporting of invasive species treatment areas Project Dates to Present 8)Contra Costa water District Contact: Roger Nakagawa (925) 688 -.8071 Project Name: Mallard. Reservoir Algaecide Treatment Project Scope: CLI was contracted to provide application services using PAS. 27 for the control of nuisance algae in Mallard Reservoir. Project Dates: 2007 --2010 Additional references are available u on request. Insurance Coverage: To ensure our customers the highest level of potential loss coverage in the industry, Clean Lakes Inc. carries insurance coverage above and beyond the industry average, creating a value added product to our clients. Insurance coverage outlined below, and not limited too includes: VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL City of'Alenneda 14 oJ' 23 CLEAN LAKES INC. General Liability: A one million dollar :liability policy is in force with an additional one million dollar umbrella policy, bringing the total liability limit to two m.illion dollars. 0 Pollution Coverages: Pesticide /herbicide application with pollution coverage limits of one million dollars, you may rest assured we have our pollutant exposures covered. The risk of exposure to lawsuits for injury or cleanup costs that result from pollution damage is managed by the pollution liability coverage we purchase annually. Professional Liabil: Errors and omissions in our scope as professionals, an often over looked coverage, professional liability insurance provides protection against claims as a result of an error or omission in our professional work. Also known as Errors and Omissions insurance, this type of professional liability insurance is critical when it comes to our consulting and project management expertise. Errors and C missions insurance responds to claims of professional liability in the delivery of our technical services. Clean Lakes Inc. carriers a one million dollar professional liability policy for this reason. 0 Equipment Coverage: From our autos to our boats, our aquvatic geed harvesters and MarshMogTM, Clean Lakes carriers the appropriate equipment coverage ensuring that should a piece of equipment go down, we will be in a position to replace. the. equipment in a timely manner to keep the job on schedule. ASSOCIATED PROGRAM COS'T'S: The program costs for Vegetation Management, Debris Management, and Water Quality Monitoring for the South Shore Lagoons is detailed in Exhibit B, attached. *CLI s nonnal staffing rates that include professional consulting are as follows: o Senior Scientist /Liiiu 6 .0.0d per hour. o Principal: 135.0O per hour o Licensed Pest Control Advisor: $1 per hour o Project Manager: 110. 00 per hour o Project Engineer: $95.00 per hour o Staff Scientist: $75.00 per hour o Licensed. Applicator: $72.4.0 per hour o Field Support Staff: $58.60 per hour o Clerical: $47.00 per hour o Incidental Costs: Travel. Costs Per :Mile: x$0.50 VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL City gf', himerda 15 of 23 CLEAN LAKES INC. Administrative Fees: Included in above paces, CLI's USG overhead rate is 38 `Note: These costs are provided in the event the City requires additional support services from CLI not outlined in Exhibit B, in which the costs are being provided at this time. We want to thank the City of Alameda for the opportunity to provide this proposal in support of your Lagoon maintenance objectives. All parts of this proposal are open for negotiation. Additional information on our services can be found on our web site at www.cleanlake.com Sincerely, CLEAN LAKES, INC. 4;e Thomas J. McNabb Aquatic Pest Control Advisor trncnabb e and ake c om Attachments: Exhibit B Copy of CLI's Insurance Limits VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL Cir v oJ'Alrrtrteda .16 g1*23 CLEAN LAKES INC. Contractor's Larne: Clean Lake Inc. Specifications and Special Provisions: To provide all necessary work, including but not limited to labor, tools, equipment, material, travel, etc. as required to perform the work and to do all work in accordance with the Scope of work for the unit price set forth below and federal, state, regional and local regulations: Item Approximate Items with Unit Prices Unit Total No. Quantity written In Words Price Price l 300 Temperature, Dissolved Oxygen (DO), Salinity, and pH Tested at one foot (l') depth from surface at five (5) locations L I A, L2A, L3A, L4B, and L513; and Clarity (Secchi Disk Measurement) Tested at required depth of clarity At five 5) locations L I A, L2A, L3A, L4B and L5B NOTE: There are a total of 5 tests listed. Civ fifteen dollars $15.00 $4, Per Sample 2. loo Fecal Coliforrn Tested at one foot (l') from surface at five 5 locations L I A, L2A, L3A, 1,413 and L5 B. NOTE: L4B is weeUy, all others are monthl fort flue dollars $45.00 $4 Per Sample 3. 12 Monthly reports, including attendance at monthly Board meetings, one hour /meeting [a7, three hundred and fifty dollars $350.00 $4,200.00 Per Report VEGETATION AND DEBRIS MANAGEMENT AND "'WATER QUALITY MONITORING- PROPOSAL Citv of *Ala3i eda .17 of 23 2L one hundred thirty five dollars $135.00 $2,700-00 Per Hour Item Approximate Items With Unit Prices Emit Total No. Quantity Written in Words Price Price 5. 52 Lagoon. System Inspection Services r ,&a seven hundred sevent y three dollars $773.00 $40, Per Week 6. 40 Aquatic Pesticide Treatments (40 acres algae treatments) kfifty two dollars and sixty five cents $52.65 $2 Per Treatment (40 acres weed treatments) (a�three hundred fifty one dollars $351.00 $14,040.00 Per Treatment 7. 12 Lagoon System Maintenance Services No Char e* $0.00 $0.00 Per Month *No char y e as maintenance services are included in item 5 above S. 1 Permit Allowance City to reimburse actual costs 1,000.00 TOTAL COST ITEMS 1-8: Seventy three thousand two hundred and forty two dollars $73 1 242.00 (Written in Words) VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALYFY MONITORING PROPOSAL City (4'Alanteda ISgf'1z CLEAN..LAKES.INC, ADD ALTERNATE: These tests will only be performed as directed by--the Public Works Superintendent. The contractor shall include the following tests, on a cost per test per location basis; in the bid should these tests be needed in the future for monitoring purposes. Item Approximate Items with Knit Prices Unit No. Quantity written in Fords Price 1, l These tests will only be performed as directed by the Public works Superintendent. (a) Chlorophyll a Tested at a three foot (3') from surface one hundred sixty six dollars and seventy live cents $16 6.75 Per Sample (b) Total Coliform Tested at one foot (1') from surface na, fifty seven dollars and fifty cents $5.50 Per Sample (c) Fecal streptococcus Tested at one foot (1') from surface forly four dollars and ei ht T five cents $44.85 Per Sample (d) Escherichia coli (E. coli) Tested at one foot (1') from surface (a� fifty seven dollars and fifty cents $57.50 Per Sample (e) Orthophosphate PO 4 Tested at one foot (1') from surface A forty six dollars $46.00 Per Sample Nitrates NO37 Tested at one foot (1') from surface forti four dollars and eighty five cents $44.85 Per Sample VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL Qv of'Alatneda 1901-2 CLEAN LAKES -INC. Item Approximate Items with Unit Prices Unit No. Quantitv Written in Words Price ADD ALTERNATE CONTINUED (g) Nutrients Tested one foot (1') from bottom, or depth to be determined forty four dollars and eighty five cents $44.85 Per Sample TOTAL FOR ADD ALTERNATE: Dollars $462.30 Four hundred sixty two dollars and thirty cents (Wntten in Words) TOTAL COST FOR BIDDERS PROPOSAL: Dollars $71704.30 04.30 Seventy three thousand seven hundred and four dollars and thirti cents (Written in 'Fords) CLEAN LAKES INC. The undersigned agrees to execute the contract required in said Specifications, to the satisfaction of the Council of the City of Alameda, with the necessary bonds, if any be required, within. ten days, not including Sundays or legal holidays, after receiving notice that the contract has been awarded and is ready for signature; and further agrees that, in case of his default in any of the foregoing provisions, the proceeds of any check which may accompany his bid in lieu of a bid bond shall become the property of the City of Alameda as agreed and liquidated damages. Firm Name (Please Print) Clean Lakes Inc. Signature of Person on Behalf of Firm Business Address P.O. Box 3186, Martinez GA Zip Code 94553 Phone Number 925- 957 -1905 Dated: 6/30/2010 Name Title Address (Of Officers or Partners) Thomas J. McNabb President 2150 Franklin Canyon Rd. Martinez CA Incorporated under the laws of the State of California Contractor's License No. 803463 Expiration Date The signature above certifies that the foregoing information given on this document is true and correct under penalty of perjury. (Section 7028.15 California Business and Professionals Code) 6/30/2011 VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL City a f Alaineda 2.1 of 23 CLEAN LAKES INC. The Bidder shall list the name and address of each subcontractor to whom the `Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2- 1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2 -1.01, "General," for the special provisions. Description of Portion Name and Address of Work Subcontracted NONE (THE BIDDER 'S EXECUTION ON TTIE SIG PORTION OF THIS PROPOSAL SHALL ALSO CO S] IT UTE AN E DORSENTENT AND EXECUTION OF THOSE CER I°IFICA T'ID 7VS WHICH AREA PART OF THIS .PROPOSAL) i The bidder, Clean Lakes, Inc. hereby certified that it he has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by .Executive orders 10925 11114, or 11 246, and that, where required., he has filed with the Joint. Reporting Comamittee, the Director of the Office of Federal Contract Compliance, a Federal G oven rent contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all report due under the applicable filling requirements. NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b)(1) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause.. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of 10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONITORING PROPOSAL Citv of Altmteda 22 ol'23 CLEAN L SECURITY FOR COMPENSATION CERTIFICATE (Required by Paragraph 1861, California Labor Code) To The City of Alameda I are aware of the provisions of Section 3700 of the Labor Code of the State of California which requires every ernplover to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. Firm Name (Please Print) Clean Lakes Inc. Signature of Bidder 4a Business Address P.O. Box 3186 Martinez CA Zip Code 94553 Phone Number 925-957-1905 VEGETATION AND DEBRIS MANAGEMENT AND WATER QUALITY MONI'I'ORI G PROPOSAL Ciry aj'Alameda 23 ref 23