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HomeMy WebLinkAboutStaff Report 2307-17961.Recommend the Finance Committee Recommend the City Council Approve Three Contracts for: 1) a Five-year Contract with BrightView Landscape Services, Inc., in the Amount of $12,288,093 for Landscape Maintenance Services; 2) a Five-year Contract with Gachina Landscape Management, Inc., in the Amount of $516,740 for Landscape Maintenance Services; and 3) a Five-year Contract with Grassroots Ecology in the Amount of $529,459 for Specification for Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration; Approval of Contract Amendment No. 2 to Contract C18170810A with BrightView Landscape Services, Inc. to increase the Not to Exceed amount by $75,152 to provide weekend services for a three- month contract extension; and Approval of Budget Amendments in Multiple Funds (2/3 vote required); CEQA status - Categorically exempt per regulation 15301 (existing facilities) and 15304 (minor alterations). Presentation 2 7 9 1 Finance Committee Staff Report From: City Manager Report Type: Action Item Lead Department: Community Services Meeting Date: September 19, 2023 Report #:2307-1796 TITLE Recommend the Finance Committee Recommend the City Council Approve Three Contracts for: 1) a Five-year Contract with BrightView Landscape Services, Inc., in the Amount of $12,288,093 for Landscape Maintenance Services; 2) a Five-year Contract with Gachina Landscape Management, Inc., in the Amount of $516,740 for Landscape Maintenance Services; and 3) a Five-year Contract with Grassroots Ecology in the Amount of $529,459 for Specification for Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration; Approval of Contract Amendment No. 2 to Contract C18170810A with BrightView Landscape Services, Inc. to increase the Not to Exceed amount by $75,152 to provide weekend services for a three-month contract extension; and Approval of Budget Amendments in Multiple Funds (2/3 vote required); CEQA status - Categorically exempt per regulation 15301 (existing facilities) and 15304 (minor alterations). RECOMMENDATION Staff recommends that the Finance Committee recommend the City Council: 1) Approve and authorize the City Manager to execute a contract with BrightView Landscape Services, Inc., in the amount of $11,702,946, plus 5% for Additional Services of $585,147, for a total of $12,288,093 for Landscape Maintenance Services throughout the City for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028 (Attachment A). The contract amount for the first year of the agreement will be $2,182,391, plus 5% contingency of $109,120, for a total of $2,291,511. 2) Approve and authorize the City Manager to execute a contract with Gachina Landscape Management, Inc., in the amount of $469,764, plus 10% in Additional Services of $46,976 for a total of $516,740 for Landscape Services at the Regional Water Quality Control Plant for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028. (Attachment B). The contract amount for the first year of the agreement will be $90,624, plus 10% contingency of $9,062, for a total of $99,686. 3) Approve and authorize the City Manager to execute a contract with Grassroots Ecology in the 2 7 9 1 amount of $481,326, plus 10% for Additional Services of $48,132 for a total of $529,459 for Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028. (Attachment C). The contract amount for the first year of the agreement will be $90,660, plus 10% in Additional Services of $9,066, for a total of $99,726. 4) Amend the Fiscal Year 2024 Budget Appropriation to align with recommended contracts including use of $404,342 of the General Fund Budget Stabilization Reserve. 5) Approve Contract Amendment No.2 to Contract C18170810A with BrightView Landscape Services, Inc. to increase the Not to Exceed amount by $75,152 to provide weekend services for a three-month contract extension (Attachment D). EXECUTIVE SUMMARY City staff recently issued a request for proposals for park and landscape maintenance services and recommend contracts be awarded to BrightView Landscape Services, Gachina Landscape Management, and Grassroots Ecology. City parks and landscape maintenance are managed by Parks operations within the Community Services Department. Since 1993, the City of Palo Alto (City) has sought contracted services for landscape maintenance at select parks, preserves, and facilities to reduce costs. Selection and award of general services agreements has been through solicitation of proposals, review of costs, and assessment of quality of services. With each iteration and solicitation for proposals for new contracts, the scope of services has expanded to include more service locations, frequency of service, specific equipment requirements, minimum staffing levels, limitations on pesticides and herbicides, and some restrictions on service delivery. Labor and material costs have also increased significantly with each iteration of solicitation for proposals. BACKGROUND Since 1993 the City has looked at opportunities to reduce the costs of parks and landscape maintenance services1 by contracting-out landscaping services for City parks and facilities. As a result, many of the parks and City maintained facilities are maintained by a contractor, while in- house staff maintain the five sports field complex parks (El Camino Park, Baylands Athletic Center, Greer Park, and Stanford/Palo Alto Playing Fields) and provide irrigation maintenance services at all sites. In-house maintenance for sports facilities and irrigation maintenance has several advantages as it has historically shown to provide better control over field safety and service levels, more timely response to special recreation events/program support, and responsiveness to emergency situations. 1 City Council, June 21, 2010; CMR 280:10; Referencing 1993 Hughes, Heiss, & Associates Organizational Study recommending expansion of private park maintenance contracts; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2010/08-1st-half.pdf 2 7 9 1 The City strives to sustain the high level of service that City park visitors and field users have come to expect from Palo Alto parks. As noted in the 2022 City of Palo Alto Community Survey2, 93% of survey respondent’s rate the quality of City parks as “good” or “excellent.” The scope of work to be performed under the BrightView Landscape Services contract will be for the continuation of landscape maintenance services for medians, roadside planter strips, parking lots and parking garages, parks, City facilities (libraries, fire stations, City Hall, Art Center, community centers, etc.), utility sub-stations, well sites and tennis and pickleball court cleaning. The scope of work to be performed under the Gachina Landscape Management contract will be for the continuation of landscape maintenance services for the Regional Water Quality Control Plant. Lastly, the scope of work to be performed under the Grassroots Ecology contract will be for Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration, including the removal of invasive weeds, pruning, volunteer workdays and the planting of native plants. At present, the services are being performed under a three-month extension amendment3 to the contracts of the current services providers. The contracts were for a five-year period of July 1, 2018 through June 30, 2023 and were amended to extend for three months (July 1, 2023 through September 30, 2023) for service continuity while the City solicited new proposals. ANALYSIS On April 17, 2023, a Request for Proposals (RFP 186909) was posted online, and an email notification sent to the Bidders List, which included eight (8) landscape firms, seeking proposals from qualified landscape maintenance and habitat restoration firms for the maintenance service of the following City maintained areas: A: Medians and Roadside Planter Strips B: Parking Lots and Parking Garages C: Parks D: City Facilities (City Hall, Community Centers, Fire Stations, Libraries, etc.) E: Utility Sub-stations and Well Sites F: Tennis and Pickleball Court Cleaning 2 2022 City of Palo Alto Community Survey; https://www.cityofpaloalto.org/files/assets/public/bji/2023-community-survey-results.pdf 3 City Council; June 12, 2023; Agenda Item #4; SR# 2304-1333; https://cityofpaloalto.primegov.com/Portal/viewer?id=2070&type=0 2 7 9 1 G: Regional Water Quality Control Plant H: Habitat Restoration in Foothills Nature Preserve I: Adobe Creek Pedestrian Bridge Native Plant Restoration The RFP allowed service providers to submit a proposal for all or part of the maintenance service areas defined in the scope of work. Proposals were due on May 17, 2023 and four proposals were received. The table below provides a summary of the RFP process: The evaluation committee, composed of representatives from Community Services and Administrative Services Departments, carefully reviewed and assessed the four proposals using standard evaluation criteria plus the type of equipment each contractor proposed to use. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. Staff recommends BrightView Landscape Services, Inc. be awarded a contract for Sections “A” through “F” due to scoring highest on the assessment factors listed above. The total BrightView contract cost for sections A, B, C, D, E, and F work is $11,702,946, plus 5% for Additional Services of $585,147, for a total of $12,288,093 for Landscape Maintenance Services for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028. Staff is also recommending Gachina Landscape Management, Inc. be awarded a contract for Section G, Regional Water Quality Control Plant due to scoring highest on the assessment factors listed above. The total Gachina Landscape contract cost for sections G is $469,764, plus 10% in Additional Services of $46,976 for a total of $516,740 for Landscape Maintenance Services for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028. Staff is also recommending Grassroots Ecology be awarded a contract for Sections H and I due to scoring highest on the assessment factors listed above. Grassroots Ecology has been the Proposal RFP# 186909 Proposal Name: Landscape Maintenance Project Proposed Length of Project 60 Months Number of Vendors Notified 575 Number of Proposal Packages Downloaded 11 Public Link to Solicitation https://pbsystem.planetbids.com/portal/25569/b o/bo-detail/104393 Total Days to Respond to Proposal 31 days Mandatory Pre-proposal Meeting Wednesday, May 3, 2023 at 8:00 A.M. PST Number of Vendors at Pre-proposal Meeting 7 vendors Number of Proposals Received 4 proposals received 2 7 9 1 Pearson Arastradero Preserve steward for over 20 years and has exceeded expectations on improving the habitat at that site. The total Grassroots Ecology contract cost for section H and I work is in the amount of $481,326, plus 10% for Additional Services of $48,132 for a total of $529,459 for Specifications for Habitat Restoration in Foothills Nature Preserve for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028. FISCAL/RESOURCE IMPACT The five-year cost for the parks landscape contract in comparison to the prior five-year contract has increased by $6.8 million. COMPARISON OF CONTRACT COSTS (PROPOSED AND EXISTING) 2023-2028 Cost Proposal, Additional Services Included $13,334,292 2018-2023 Cost Total, Additional Services Included $6,485,838 Five Year Total Cost Increase $6,848,454 ($1.37M annually) The cost increase is due to the following reasons: 1) Additional maintenance sites, 2) restriction on use of glyphosate herbicide (Round-Up), 3) material quantities, 4) addition of services on weekends, 5) increase in required minimum staffing level, 6) material cost increase, and 7) labor cost increase. 1. Additional maintenance sites: Since the previous parks landscaping contract there are new and upcoming City projects that include landscaping and other features that require landscape maintenance. A few examples of these are the new Public Safety Building currently being built, expansion of Boulware Park, and the new Adobe Creek Pedestrian/Bicycle Bridge. The Public Safety Building is estimated to be completed toward the end of calendar year 2023, Boulware Park expansion is planned for completion summer of 2024, and the Adobe Creek Pedestrian/Bicycle Bridge is already completed. 2. Restriction on use of glyphosate herbicide (Round-Up): The use of the herbicide glyphosate in medians and roadside planter strips, parking lots and parking garages, utility substations and well sites will not be permitted in this new five-year contract. With the addition of the new facilities mentioned above, weeding will be maintained by mechanical (string trimmers, rototillers, etc.) and manual (hand weeding, use of hoes, etc.) means of removal. On July 7, 2017, glyphosate was added to the California Proposition 65 list of chemicals known to the state to cause cancer. Also, for many years, numerous park visitors have requested that glyphosate not 2 7 9 1 be used in Palo Alto. This results in an increase of labor due to increased use of mechanical techniques. The glyphosate herbicide use restriction was not in the prior five-year contract but was implemented in phases during the contract with contingency funding. For the new five-year contract, all sites listed above will have the restriction. 3. Material quantities: The contract now lists approximate quantities of playing field materials used for the upkeep of the natural sport fields, whereas the prior contract did not list approximate quantities. This resulted in more accurate bids, but at a higher cost during this RFP process as previously material quantities were often underestimated. 4. Addition of weekend service: The contract previously provided services Monday through Friday. However, due to increases in weekend activity and user requests, the contract scope was expanded at 23 locations to include services on Saturdays and Sundays. The additional weekend services now include removal of trash, compost, and recycling, litter pick-up, and playground servicing (raking/leveling of safety surfacing, cleaning of walkways and playground amenities). The 23 locations include 20 select parks, Ventura Community Center, Lytton Plaza, and City Hall/King Plaza. Through a $125,000 FY 2023 mid-year budget adjustment4, the weekend services were added to 10 select locations with an anticipation that more locations would be added to the next bid proposals. 5. Increase in required minimum staffing level: Collectively, with the increase of services sites, frequency, and need for mechanical and manual weeding (due to a restriction on glyphosate herbicide) the minimum staffing level to be provided by the contractor has been increased. For all sites, excluding the Regional Water Quality Treatment Plant, Foothills Nature Preserve, and Adobe Creek Pedestrian/Bicycle Bridge, the minimum full-time equivalent (FTE) staffing level on weekdays increased from 15 to 20 FTE. 6. Material cost increase: Material costs for engineered wood fiber for playground safety surfacing, playground sand, grass seed, organic fertilizer, baseball infield mix, and various types of soil have drastically increased with inflation upon the onset of COVID-19. Material costs account for about half of the contract cost for sections A-F. 7. Labor cost increase: In general, labor costs have drastically increased. Labor rates for landscape maintenance in the prior contract ranged approximately between $22.50/hr to 4 City Council; February 12, 2023; Agenda Item #8; https://cityofpaloalto.primegov.com/Portal/viewer?id=615&type=2 2 7 9 1 $30.10/hr total cost. For the new contract the approximate range is $40.00/hr to $49.00/hr depending on crew and crew lead positions. Staff have requested additional information from the three contractors on wages and benefits provided to their employees and will provide that information in a Supplemental Memo. Budget Summary As the contracts commence October 1, 2023, the nine-month cost of the contracts in Fiscal Year 2024 with the three vendors is $1,868,192 for services throughout the City. These contracts would continue to be partially budgeted in the Community Services Department’s General Fund operating budget, and the costs for the portions of the contract that perform work for areas not managed by the General Fund (i.e. Section G, the Regional Water Quality Control Plant, among others) would be allocated to those funds to reimburse the General Fund. For the full 12 months of Fiscal Year 2024, the total cost for landscape services throughout the City is $2,284,442, including $416,250 for the three-month extension of July through September and additional weekend services. These amounts include an allocation for additional services for unforeseen needs. The FY 2024 Adopted Budget included funding in the amount of $1.8 million, above prior levels in anticipation for additional service levels and rising costs, however, an additional $458,194 is recommended to be appropriated to the Parks operating budget in the Community Services department. Of this recommended budget increase, $404,342 is from the General Fund Budget Stabilization Reserve and $53,852 is from an increase in allocated charges to multiple funds for landscaping services at facilities maintained by those funds. Funding for the first year of the Gachina contract is available in the Fiscal Year 2024 Wastewater Treatment Fund operating budget. This action would leave approximately $53.7 million in the Budget Stabilization Reserve (BSR) or 19.9% of the FY 2024 Adopted Operating Budget, which is slightly below the 20.0% level recommended to be maintained in FY 2024 for future economic uncertainty, and above the 18.5% amount of $49.9 million. For future Fiscal Years 2025 through 2028 of the respective contracts, funding is subject to City Council approval and the annual appropriation of funds through the budget process. STAKEHOLDER ENGAGEMENT RFP 186909 was issued in on April 17, 2023 for further continuance of landscape maintenance services and habitat restoration. The evaluation committee for this RFP included staff from the Open Space, Parks, and Golf Division of the Community Services Department and staff from the Administrative Services Department under the guidance of the City’s Purchasing and Contracts Administration Division. 2 7 9 1 ENVIRONMENTAL REVIEW These services are categorically exempt under CEQA regulations 15301 (Existing Facilities) and 15304 (Minor Alterations to Land). ATTACHMENTS Attachment A: Contract C24186909A with BrightView Landscape Services, Inc. Attachment B: Contract C24186909B with Gachina Landscape Management, Inc. Attachment C: Contract C24186909C with Grassroots Ecology Attachment D: Contract C18170810A Amendment No. 2 with BrightView Landscape Services, Inc. APPROVED BY: Kristen O'Kane, Community Services Director City of Palo Alto General Services Agreement 1 Rev. March 29, 2018 CITY OF PALO ALTO CONTRACT NO. C24186909A GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 11th day of September 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BRIGHTVIEW LANDSCAPE SERVICES, INC., a California corporation, located at 855 Mahler Road, Burlingame, CA 94010, Telephone Number: 650-219-5415. Department of Industrial Relations (DIR) Registration No. 1000005364. (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. Optional On-Call Provision (This provision only applies if checked and only applies to on- call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “A-1” – On-Call Task Order (Optional) “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements “E” - Performance and/or Payment Bond “F” - Liquidated Damages CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from October 1, 2023 to September 30, 2028 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 2 Rev. March 29, 2018 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Eleven Million Seven Hundred Two Thousand Nine Hundred Forty-Six dollars ($11,702,946). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Five Hundred Eighty-Five Thousand One Hundred Forty- Seven dollars ($585,147) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. The total compensation for performance of Services, Additional Services, and any reimbursable expenses specified in Exhibit C, shall not exceed Twelve Million Two Hundred Eighty-Eight Thousand Ninety-Three dollars ($12,288,093), as detailed in Exhibit C. 6. COMPENSATION DURING ADDITIONAL TERMS. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 3 Rev. March 29, 2018 CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix A Claims for Public Contract Code Section 9204 Public Works Projects”. This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix A, attached hereto and incorporated herein. OR This project is not a 9204 Public Works Project. 8. INVOICING. Send all invoices to CITY, Attention: City of Palo Alto, CSD/Parks, 3201 East Bayshore Boulevard, Palo Alto, CA 94303. Telephone: 650-496-6962. Email: Javod.Ghods@CityofPaloAlto.org. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 4 Rev. March 29, 2018 B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 5 Rev. March 29, 2018 Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 6 Rev. March 29, 2018 in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 7 Rev. March 29, 2018 R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 8 Rev. March 29, 2018 are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements: • All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. • Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 9 Rev. March 29, 2018 State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.” CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 10 Rev. March 29, 2018 At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO BRIGHTVIEW LANDSCAPE SERVICES, INC. _________________________ By________________________________ City Manager or Designee Name _____________________________ Title_______________________________ _________________________ Telephone: _________________________ Purchasing Manager or Designee Approved as to form: ___________________________ City Attorney or Designee By________________________________ Name_____________________________ Title______________________________ Telephone_________________________ DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Brett Urban, Chief Financial Officer CFO 2153131655 Susan DeSantis 240-707-8959 Assistant Secretary City of Palo Alto General Services Agreement 11 Rev. March 29, 2018 EXHIBIT A SCOPE OF SERVICES LANDSCAPE MAINTENANCE PROJECT Including Sections, A, B, C, D, E, and F CONTRACTOR shall perform the Services as detailed in this Exhibit A. This includes Sections A-F, which are the specifications for the services of Landscape Maintenance of City of Palo Alto Neighborhood Parks, Medians, Roadside strips, City Facilities, Utility Sub Stations and Palo Alto Unified School sites. I. GENERAL PROVISIONS The following provisions, where individually applicable, apply for maintenance standards not limited to Landscape Maintenance and any and all other work under this Agreement. In the event that any of the provisions provided here under GENERAL PROVISIONS are found to be in conflict with or are contradicted by any provision found in the SPECIFICATION REQUIREMENTS listed in Sections A, B, C, D, E, and F the provisions found in the SPECIFICATION REQUIREMENTS listed in Sections A, B, C, D, E, and F will supersede the GENERAL REQUIREMENTS. II. LOCATION OF PROPERTY The locations of the areas to be maintained are listed in the map’s portions of this project. Project Site Maps for Sections A through F are located in Appendix A. These maps provide a general scope of the area(s). III. SCOPE OF WORK- Landscape Maintenance CONTRACTOR shall provide the highest quality of landscape maintenance services and materials. The CONTRACTOR agrees to provide the highest quality commercially accepted methods, procedures and scientific controls for landscape maintenance. "Scientific Controls" is understood to mean practices based upon recommendations of the University of California, The U.S. Forest Service, or similarly qualified experts; recommendations in University of California Cooperative Extension Publications, Consumer Products Safety Commission Playground Guidelines and information in standard landscape industry references; This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The CONTRACTOR agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. Action times will be prioritized, and low priority items will be given a timeline for corrections. Contractor shall communicate to the City, landscape, as well as non-landscape related hazards that are seen while on site. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 12 Rev. March 29, 2018 Work requests related to citizen requests or reported hazards to contractor require scheduling with Field Service Inspectors which will be prioritized dependent on each request. Immediate response may be necessary. The contractor shall furnish landscape maintenance services by qualified site managers and horticulturists to provide a 60-month maintenance program according to maintenance specifications. The provision of such report does not mandate the CITY to extend the Contract to 60 months. The contractor shall report progress to the City of Palo Alto Parks Division on the agreed reporting frequency and schedule. A qualified site manager or superintendent of operations shall represent the contractor in monthly meetings and walk-through inspections with City of Palo Alto staff. The contractor shall furnish all labor, materials, equipment, and on-site supervision by qualified site managers who shall provide complete, continuous and expert landscape maintenance services. The contractor shall submit a daily roster, by 7:00am that includes complete names of all employees working each day, dates, and work hours. Contractor shall also submit certified payroll twice per month, along with the daily roster, cross referencing each other. See example of daily roster below. The contractor shall be required to provide smartphones at minimum to its Account Managers and Leads as a means of field communication to City staff. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 13 Rev. March 29, 2018 IV. GENERAL REQUIREMENTS A. Landscape Maintenance: The contractor for this agreement shall provide the City with a landscape maintenance schedule at the frequencies called for in the special provisions of this Agreement. Maintenance schedule shall include but not limited to site names, dates, crew member names (first and last) and specify the order that they will be servicing the sites. See example below. Contractor shall adhere to this schedule unless Project Manager and/or Field Service Inspectors are notified 24 hours in advance. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may be considered a breach of this contract. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 14 Rev. March 29, 2018 The maintenance schedule will be submitted and agreed upon within 30 calendar days following award of this contract. This schedule and any changes, deletions, or additions therein, if approved by the City, shall become part of this agreement and shall be used by both the contractor and the City of Palo Alto for performance monitoring of contractor obligations. The Contractor shall adjust their schedule to compensate for all holidays. The contractor will be required to work on specified holidays and weekends as outlined in this Scope of Work. B. Staffing Levels: The City is requiring a minimum staffing level of 20 full time landscape maintenance personnel, equivalent to a minimum of 160 hours per each work day (Monday-Friday) and a minimum staffing level of 2 full time landscaping maintenance personnel, equivalent to a minimum of 16 hours per day on Saturdays and Sundays on City property for Sections A through F. The contractor is responsible for determining the proper staffing levels above the minimum full-time landscape personnel to meet the scope of services listed in Sections A through F, in this Exhibit A. Contractor shall not use staff from sections A through F for any other sections within this contract. Contract personnel shall remain on site every day, including all rainy days. If minimum FTE’s are not met, the City reserves the right to reduce compensation commensurate with the FTE that were provided. All contract personnel must pass live scan fingerprinting and TB testing (Tuberculin Skin Test) before being allowed to work on the City and School property. Contractor shall work with City’s Project Manager on obtaining required verification of fingerprinting and TB results. Contractor shall be responsible for performing the live scan fingerprinting and shall be responsible for the live scan fingerprinting and TB costs for their employees. C. Monthly Progress Reports: As requested, the contractor shall provide the City's Project Manager with monthly progress reports, based on weekly summary of work performed by location and referenced to the maintenance schedule. The reports will be due no later than the fifth day of the month following services and is to include the following information: a) Total labor, supervision, and horticultural hours provided at each site. This can be in a spreadsheet format with all applicable sites covered under this agreement. b) Problem areas encountered during the month. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 c) Monthly chemical application reports for all materials applied by site. This will include location, application date, materials, amount of material applied, etc. This shall be sent to Parks Manager as well as the City’s Public Works Environmentalist Specialist. d) Any additional reports as directed by the City’s Project Manager. D. Inventory/Safety Data Sheets (SDS) Within thirty days of the effective date of this agreement, the contractor will submit to the City a list of all chemicals (fertilizers, pesticides, cleansers etc.) that will be used by the contractor on the sites, together with the required SDS. SDS and product labels shall always be in applicator’s vehicle in accordance with California Department of Pesticide Regulations. Contractor shall always follow all California Department of Pesticide Regulation’s. E. Extra Projects/Landscape Upgrades: All extra projects shall require the submission of a Project Proposal Form or a Work Order Authorization Form. If the contractor does not have available such a form, a mutually agreeable format will be developed. On any extra project or landscape upgrade, the City reserves the right to obtain competitive bids or quotations. Contractor shall use staffing outside of Sections A through F for any approved projects/landscape upgrades. F. Management Philosophy: The contractor shall take a pro-active approach in correcting problems within the contractors span of responsibility and control. Other problems and suggestions for improvements, both short and long term, must be submitted promptly to the City for appropriate action. G. Public Image and Etiquette: Contractor employees shall wear company uniforms, which consist of long pants and shirts with company name and individual’s name on the shirt. The contractor’s staff when needed shall utilize rain gear, rain boots, safety shoes, and other safety equipment. All contracted employees while on the site shall exhibit a clean, neat professional appearance. Contractor’s equipment and vehicles shall also be professional in appearance, exhibit the company name and phone number, and be well maintained for safe operation. All Contractors vehicles must display a placard, legible from 10 feet, with the following language: DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 16 Rev. March 29, 2018 (Name of Landscape Contractor) City of Palo Alto, Landscape Maintenance Contractor Questions/Comments Contact: (650) 496-6962 H. Authorization Required to Begin Work The Contractor shall begin work only after receiving written Notice to Proceed from the City’s Project Manager. VI. GENERAL CONDITIONS A. Permits/Parking The contractor shall be issued a free maintenance permit from the City's Department of Transportation. This will allow the contractor's crews to use City parking facilities at no charge during the term of this contract and only while doing landscape maintenance work for the City's Open Space, Parks and Golf Division. Contractor shall follow all parking restrictions throughout the City. B. Payments and Inspection Payment will be made for work satisfactorily completed as called for in this contract. The City's Project Manager and/or Field Service Inspectors shall inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or contractor's representative shall meet with a representative from the City at least once a month during the life of this contract to inspect work performed. The contractor will bill the City by the 5th of the month following the service. All invoicing shall be electronically submitted. The City will pay the contractor on a monthly basis for labor, equipment and materials provided during the monthly billing period. C. Property Damage Any private or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the contractor's expense. Any hazardous conditions noted, or seen, by the contractor that has occurred by any means other than during the performance of the contractor's work, whether by vandalism or any other means, shall be promptly reported to the City’s Representative. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 17 Rev. March 29, 2018 The contractor is responsible for securing any immediate hazards with caution tape, safety cones, or barricades until a City Representative arrives to the location. D. Safety Contractor agrees to perform all work outlined in the agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL E.P.A. Safety Orders at all times so as to protect all person, including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. The contractor shall be responsible for securing traffic control and safety regulations as related to any City, State, or County requirements while working on medians and/or roadside strips (please refer to the following links for additional information, http://www.dot.ca.gov and www.osha.gov ). The design and operation of work zone traffic controls must comply with U.S. Department of Transportation/Federal Highway Administration guidelines. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on city property, including a complete written report thereof to the Project Manager within twenty-four (24) hours following the occurrence. E. Waste Management The contractor shall haul and deposit all rubbish, debris and green waste in compliance with applicable provisions of Palo Alto Municipal Code Chapter 5.20. Contractor shall use onsite dumpster for garbage, compost and/or recycling located within Park locations and may be able to utilize dumpsters located within City Facilities to deposit the specific debris from that Facility into the correct dumpsters. Contractor is responsible for hauling all rubbish, debris, and green waste to the proper locations within City limits. All green waste accumulated within Sections A through F and Section I of this contract shall be hauled to the City’s Municipal Service Center (MSC) and deposited in the green waste bin. a) Separation of Waste All persons shall separate the refuse according to its characterization as solid waste (garbage), compostable materials or recyclables materials. Place each type of refuse in a separate container designated for disposal of that type of refuse. No comingling or mixing of waste is allowed. PAMC 5.20.030(b). b) Colored Bags DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 18 Rev. March 29, 2018 Use of colored bags in public containers. Blue see-through bags for recycling containers. Green compostable see-through bags for compost containers. Clear see-through bags for garbage. PAMC 5.20.030(c). The purpose of using colored bags is to keep the three waste streams segregated to the point of placing the bags into the colored metal refuse bins. Bins would be serviced by the City’s waste hauler. c) Use of Collectors Containers The Palo Alto Municipal Code Chapter 5.20 requires the City’s refuse collector to provide collection services. Contractors collecting refuse at public places or generating waste during landscaping activities are required to utilize City provided refuse container(s). Parks Department will provide the locations for the refuse containers for the contractor to use. The refuse containers will be serviced by the City’s refuse collector. PAMC 5.20.040. d) Provide Waste Sorting Training New employees must be trained on the proper separation of waste into the three different categories – recycling, compost and garbage. This must occur within 14 days of being hired. In addition, the contractor is responsible for training all employees at least annually on waste sorting requirements. PAMC 5.20.108(d). GreenWaste of Palo Alto staff can provide this training. Please contact pacustomerservice@greenwaste.org or call (650) 493- 4894. Clippings trimmings, cuttings generated by the Contractor that cannot be used as mulch shall be promptly removed from the work site at the end of the same day the work is performed. F. Project Hours of Operation The contractor’s hours of operation shall conform to the hours of 6:00 a.m. to 5:00 p.m. during the life of the contract. The Contractors hours of operation shall conform to the hours of 6:00 a.m. and 3:00 p.m. for medians and roadside strips. Hours of operation in the University and California Avenue Business District are an exception. Cleaning equipment (other than leaf blowers), when used in public streets and public sidewalks within the public right-of-way in business districts shall be allowed during the hours of 10:00 pm and 8:00 am daily, providing no such piece of equipment shall produce a noise level that exceeds 90 dBA measured at a distance of 25 feet (PAMC 9.10.080). Any other exception shall only be authorized with prior approval of the City’s Project Manager. G. City Noise Control Ordinance DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 19 Rev. March 29, 2018 The contractor and any subcontractor shall always conform their operations to the requirement of the City of Palo Alto Noise Ordinance (PAMC 9.10), an electronic digest of the provisions can be found at this link PAMC 9.10. Contractors shall not utilize fuel powered leaf blowers. Contractors shall only use electric and/or battery-operated leaf blowers throughout all sections of this contract. H. Spare the Air Days The contractor must comply with regional “Spare the Air” recommendations on designated “Spare the Air Days” that occur throughout the year. At a minimum, no gasoline powered equipment shall be used after 10:00 a.m. on “Spare the Air Days”. The City’s Field Service Inspectors and/or Project Manager will notify the contractor when a “Spare the Air” alert has been designated. The contractor must coordinate work schedules to accommodate “Spare the Air” recommendations. I. Materials All materials shall be provided by the contractor and shall be the highest quality available. Commercial fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. The contractor shall have SDS sheets for all chemicals available upon request. The City’s Field Service Inspectors and/or Project Manager must approve all materials. The City reserves the right to contact any vendor directly, if the contractor fails to meet scheduled deadline within Exhibit B. 1. Water is to be furnished by the City. 2. Fertilizer shall be a complete, seasonably appropriate organic (OMRI certified) granular fertilizer furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition always. For acidic loving plants (Camellia’s, Rhododendron’s, Azalea’s, etc.) an organic acidic fertilizer shall be used. If there arises a question as to the need for application of fertilizer or the formulation of a fertilizer, soil samples shall be taken from locations specified by the City's representative. They shall be analyzed by a licensed soil analyst at the Contractor's expense and the results and recommendations for the formulation and rates of applications of a complete fertilizer shall be submitted to the City's representative. Contractor shall formulate and apply the fertilizer as per the recommendations of the soil analyst. If the application of iron, zinc or other trace minerals is recommended by the soil analyst or by a recognized plant pathologist to correct a specific soil deficiency, it shall also be applied according to these recommendations at the Contractor's expense. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 20 Rev. March 29, 2018 3. Pesticides shall be of the highest quality obtainable, brought to the job site in the original manufacturer's containers, properly labeled with guaranteed analysis. Any necessary permits, recommendations, etc. shall be the responsibility of the contractor. 4. Plant materials shall be of the highest quality, displaying a healthy appearance and of a size relevant to their container size. The City’s Field Service Inspectors and/or Project Manager must inspect and approve all plant materials prior to planting. 5. Turf seed shall be of the highest quality available, industry recognized, and approved by the City’s Field Service Inspectors and/or Project Manager prior to application. 6. Plant stakes, ties, guy wires shall be of materials to match those existing on the site or approved equal. Below is a chart showing common materials specified and estimated quantities to be used in this contract for each year. It is the contractor’s responsibility to confirm the amounts listed below for accuracy and take into consideration other materials listed within the sites specifications that may not be captured below. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 21 Rev. March 29, 2018 Approx. Amounts of Materials to be used in Sections A, B, C, D, E and F, Per Each Year of Contract Material Type Estimated Quantities PRZ (70% TD-320 sand 30% organic compost (1/4" minus, shall be free/screened of rocks, trash, clumps, and other debris) or approved equal Approx. 254 cubic yards Engineered Wood Fiber for Playground Safety Surfacing Approx. 700 cubic yards Playground Sand (specific type to match existing) Approx. 200 tons Bowling Green USGA Kiln Dried Sand Approx. 18 tons 20% blue grass/ 80% perennial rye grass Approx. 12,000 lbs OMRI Approved 5-6-6 Starter Fertilizer Approx. 13,500 OMRI Approved 10-2-8 Fertilizer Approx. 43,062 lbs Baseball Infield Mix Approx. 125 tons J. Shrub, Tree and Ground Cover Care Maintain all shrubs and all ground cover in a healthy growing condition by performing the following operations and other work incidental thereto: DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 22 Rev. March 29, 2018 1. Water Management – Contractor shall hand water all pots that do not have automated irrigation. Water to establish moisture to the full depth of the root zone. Watering shall be done in a manner to avoid erosion, excessive runoff, puddles, or creation of a waterlogged soil condition. Upon request of Field Service Inspector, hoses and portable sprinklers shall be used to supplement the irrigation system where necessary to ensure complete coverage. 2. Pruning and Trimming A. Pruning and trimming, shall be done by a qualified, trained professional personnel. Documentation of training and experience shall be given to City’s Project Manager upon request for each employee. B. Excessive pruning or stubbing back shall not be permitted. C. All pruning cuts shall be properly made: They shall be cleanly cut with no tearing of the bark. D. The Contractor is responsible for replacing, at their cost, any damage to plant materials caused by excessive pruning, improper pruning techniques, poor equipment, etc. E. All dead or damaged branches shall be removed immediately from shrubs and ground covers. Any dead or damaged branches located in trees shall be secured (either by the means of caution tape, cones, or barricades) and reported to City’s Field Service Inspectors and/or City Project Manager. F. Pruning and trimming of shrubs and ground cover shall be done as needed, and/or requested by Field Service Inspectors, to achieve the following: I. To cut back branches that are rubbing on walkways, fences and impairing or posing a safety hazard to pedestrians, bicycles, or vehicles. Contractor shall not prune any tree branches. II. To maintain desired shape of plant material. III. To maintain proper maintenance on plant material. IV. To remove dead branches, diseased sections of shrubs, spent flowers, etc. G. Staking Plant Material DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 23 Rev. March 29, 2018 Maintain and replace stakes and plant ties with equal material. Maintain and replace plant ties to provide support without chafing of bark. Plant ties shall be loosened accordingly to avoid chafing of bark. Additional stakes and/or guys shall be placed from time to time to correct misshaping caused by wind. Stakes and guys shall be removed upon request of City’s Field Service Inspectors and/or Project Manager. 3. Flower beds and perennial areas shall be raked, cultivated, and pruned/dead headed as needed, but no less than once per week. 4. Ground cover along curbs must be kept within curb and height trimmed as needed. 5. Ivy ground cover shall be mowed with a composting mower once a year in the winter as scheduled by City’s Field Service Inspectors and/or City’s Project Manager. Areas are to be determined by City’s Field Service Inspectors. Most ivy/ground cover areas have irrigation, primarily fixed risers. The City shall flag all irrigation components prior to ivy mowing. The contractor is responsible for repairing any damage to the irrigation system due to negligence. 6. Tree Pruning/Maintenance a) No tree pruning shall be performed to any trees at any site in this contract unless authorized by Field Service Inspector and/or Project Manager. b) All trees that measure below the A.D.A height requirement of 84” above ground level shall be reported to City’s Field Service Inspectors and/or City Project Manager. Field Service Inspectors and/or Project Manager will schedule the tree pruning with City’s Public Works Tree Department. c) Suckers located at the base of each tree shall be removed by trained employees, limited to only using hand pruners. City contractor will designate employees that have been trained to perform this duty and have been trained by City Staff to perform this duty. Hedge trimmer, line trimmer, herbicides or any other type of mechanical or chemical mechanism shall not be used to remove or control suckers. d) Tree volunteers shall be removed at first sight. These volunteers shall be removed before reaching 4ft in height but are preferred to be removed by 2ft. If the height exceeds 4ft, tree volunteer shall be reported to Field Service Inspectors and/or Project Manager for proper postings and removal process through Public Works Tree’s Department. e) Contractor shall keep tree wells weed free and mulched with a 3” deep layer to assist in suppressing weeds in Parks, Medians, and City Facilities. Tree well diameters may vary dependent on location, size, and drip line of trees. A minimum DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 24 Rev. March 29, 2018 of a 6ft in diameter, or 3ft in all directions from the tree trunk shall be maintained unless otherwise directed by Field Service Inspectors and/or Project Manager. VII. INTEGRATED PEST MANAGEMENT (IPM) and SUSTAINBLE LANDSCAPING The City of Palo Alto has an award winning IPM program and received Department of Pesticide Regulation IPM Innovator Award in 2003 and 2011. The City’s IPM policy and practices have improved pest control and plant health and reduced staff and environmental exposure to pesticides. Total pesticide uses from 2013 to 2016 was reduced to an average of 105 pounds per year, a reduction of 73% since 2001-2007.The City prioritizes maintaining site conditions to maximize plant health to minimize pests. Preferred pest management techniques include using California native plant species or varieties that resist pests; plant selection, pruning, fertilizing, and irrigation practices that reduce pest problems and disease and selecting the least toxic chemical control options for pest management as a last resort. Contractor must: 1. Demonstrate in the proposal how pest management is performed to minimize pesticide use and to favor least-toxic pesticides when chemical use is needed; 2. Highlight any company IPM and BayFriendly/Rescape expertise; 3. Within 45 days and annually on the anniversary of this agreement, the Contractor shall submit to the City's Open Space, Parks and Golf Division an Integrated Pest Management Plan that complies with the City of Palo Alto IPM policy, goals and specifications outlined in this RFP. This IPM program shall be reviewed annually for updates and modifications with Open Space Parks and Golf Division staff. Frequent and thorough site inspections, on foot, will be needed to ensure no major infestations occur. The priority in addressing pests will be to conserve naturally occurring beneficial insects using selective applications of the least toxic effective materials; 4. Contractor shall provide any SDS sheets of chemicals that will be utilized; 5. The City’s contractor must comply with the City’s Municipal Regional Storm Water Permit requirements to avoid pesticide runoff to creeks and San Francisco Bay. The contractor will be required to: a) Submit the Contractor Pesticide Use Log in Excel format to the City’s Project Manager within ten business days upon request (usually requested annually in December). The Excel form will be provided by the City and include specific date and application information. This information is used in the City’s annual Pest Management and Pesticide Use Report. The City is required to report the total quantity of the active ingredient used as a permit condition and requires additional information beyond County Agricultural pesticide use reporting requirements. b) Agree to permit provisions that require a City of Palo Alto Project Manager or Watershed Protection Manager to periodically shadow work to confirm DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 25 Rev. March 29, 2018 that pesticide applications conform with pesticide practices outlined in the contract; c) Prohibit company use of any of the following pesticides without written permission from the City’s Project Manager: • Carbamates including: aldicarb, carbaryl, propoxur, oxamyl and terbucarb • Diamides including: Broflanilide, chlorantraniliprole, cyantraniliprole, cyclaniliprole, cyhalodiamide, flubendiamide, tetraniliprole • Diuron; • Indoxacarb; • Organo-phosphates including: chlorpyrifos, diazinon, and malathion; • Pyrethroids (allethrins, bifenthrin, cyfluthrin, cyhalothrin, cypermethrin, cyphenothrin, deltamethrin, esfenvalerate, etofenprox, flumethrin, imiprothrin, metofluthrin, momfluothrin, permethrin, prallethrin, resmethrin, sumethrin [d-Phenothrin], tau- fluvalinate, tetramethrin, tralomethrin); • Neonicotinoids: acetamiprid, clothianidin, dinotefuran, imidacloprid, imidaclothiz, nitenpyram, nithiazine, paichongding, thiacloprid, and thiamethoxam. d) Provide a list in advance of herbicides or other pesticides that are proposed for use for pre-approval by the City’s Watershed Project Manager/IPM Coordinator. The list must include the product name, active ingredient and EPA ID number. All chemicals must be approved for use prior to application. 6. Demonstrate in the proposal how weed control is maximized prioritizing non- chemical weed management techniques. City of Palo Alto relies on weed prevention as its first line of defense using thick mulches to suppress weeds, mowing, hand removal, weed flower and seed removal, sheet mulching and least toxic chemical control as a last resort. Using these strategies, the City of Palo Alto has reduced herbicides by as much as 89% compared to highest use years. For the properties listed in this proposal, the City Palo Alto only uses herbicides in spot treatments (applying the herbicide to each weed) in the following situations: a) In select planter beds, fence lines, or cracks in hardscapes as needed– typically two times per year; b) to control invasive weeds that can overtake native plants; c) to control weeds such as thistles and foxtails which harm dogs and trail users. 7. Contractor shall comply with all the products SDS and label, as well as the California Department of Pesticide Regulations when applying any pesticide. 8. Use only OMRI Certified Fertilizers, unless otherwise approved by City’s Project Manager; City of Palo Alto Integrated Pest Management Policy. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 26 Rev. March 29, 2018 A. Pest control shall be done only by qualified, trained personnel, under the supervision of a State licensed pest control operator, using materials approved by the City’s Field Service Inspectors and/or Project Manager. The pesticide application shall be done with extreme care to avoid any hazard to any person, pet, or wildlife in the area or adjacent areas, or any property damage. Application shall be in strict accordance with all governing regulations. The Contractor must provide, within 30 days of the Notice to Proceed, their Pest Control Operators License, and the names and license/certification numbers of any individuals responsible for or applying pesticides in accordance with this agreement. Upon request by Field Service Inspectors and/or Project Manager, contractor shall supply the City an updated list of employees that have received the yearly Herbicide Application Training requirement per California Department of Pesticide Regulation. B. All pest infestations shall be reported to the City’s Field Service Inspectors and/or Project Manager. The Project Manager prior to application shall approve all pesticides applications. Records of all pest control operations stating dates, locations, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. C. Rodent Control- Contractor shall control gophers, moles and other rodents causing damage to City Property under the site area of responsibility using trapping only or other approved methods without the use of Rodenticides. Rodenticide shall not be used. In the event of visible evidence of such pests, contractor will restore the area to its proper condition if the damage is current and prevention is within the contractor's control. D. All chemicals requiring a special permit for use must be registered with the county Agricultural Commissioner's Office (CDPR) and a permit obtained with a copy to the Parks Open Space, and Golf Division. E. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual, published by the University of California and the Pesticide Safety Information Series (PSIS) published by the California Department of Pesticide Regulation shall be adhered to. F. Spraying is not permitted during heavy traffic (vehicle, bicycle, or pedestrian) periods or when winds create uncontrollable material drift and/or exceeds 5mph and/or as directed per chemical label. The Field Service Inspector and/or Project Manager will permit no spraying without prior approval and could permit no spraying if he/she believes one of the above is in violation. Contractor is to contact Field Service Inspectors for ideal times to spray certain sites when traffic is at its minimum to avoid conflicts with Park users. G. Pesticide Use in Sections A through F. All sites in Sections A through F shall be treated as Pesticide Free, unless otherwise requested by City’s Project Manager. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 27 Rev. March 29, 2018 However, if a new herbicide is approved for use in California that is equivalent to the effectiveness of glyphosate, with City’s approval, there may be flexibility to use that herbicide in certain locations within this scope. Regardless of any City approved pesticides, no pesticide may be used within 100 feet of any playgrounds and creeks at ALL sites. H. Pesticide Free Sites- No pesticides of any kind shall be used on designated Pesticide Free Sites. Pesticide Free sites are listed below: Pesticide Free Parks 1) Bol Park 2) Boulware Park 3) Cameron Park 4) El Palo Alto Park 5) Flood Basin (excludes aquatic portions, no fertilizers used on turf as well) 6) Hopkins Creek Side Parquets 7) Mayfield Park/College Terrace Library 8) Monroe Park 9) Sarah Wallis Park 10) Scott Park 11) Terman Park 12) Ventura Community Center 13) Weisshaar Park 14) Werry Park Pesticide Free City Facilities 1) Adobe Creek Substations 2) Animal Control Services (this includes no fertilizers on turf areas) 3) Children’s Theater 4) Hale Well Substation 5) Matadero Well Station 6) Mitchell Park Library and Community Center 7) Ventura Community Center 8) Water Quality Control Plant (please see Section H for scope) 9) San Francisquito Creek Pump Station 10) All Community Gardens I. Temporary notice shall be posted during and after a City location within this scope (excludes Pesticide-free Parks) has been sprayed. All areas sprayed shall be flagged and signed until the chemical has completely dried according to product label and/or SDS. Signs shall be provided by City upon the request of the contractor. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 28 Rev. March 29, 2018 J. Contractor shall replace any plant material that has suffered severely due to lack of proper pest management techniques and/or overspray of chemical (pesticides, herbicides, etc.), if such pest control is possible and practicable K. All treated areas must be posted and monitored during and after pesticide application until material has settled and treatment area is completely dry accordingly to product label, SDS, and California Department of Pesticide Regulations. No unprotected person, pet, or wildlife may enter a treated area until all re-entry intervals have been met. Contractor shall comply with all California Department of Pesticide Regulations laws when applying any pesticide within the scope of this contract L. Weeding All areas, including but not limited to: shrub beds, flower beds, groundcover beds, tree wells, paved areas, sidewalks, cracks, stairways, pavers, expansion joints, decomposed granite paths, picnic areas, playgrounds, under bleachers/benches, shall be kept maintained at an acceptable level. Weeds shall be removed whenever the appearance becomes unsightly or when requested to do so by City’s Field Service Inspectors and/or Project Manager. M. Fertilization Fertilize shrub, ground cover, and planter bed areas three times a year with OMRI approved Nature Safe 10-2-8 (or approved equal). Fertilizer shall be applied in the spring, summer and in the fall not to exceed 6,000 lbs. per year. N. Replacement of Material Remove dead and damaged plants and replace with material of equivalent size, conditions and variety, subject to approval and purchase of City Project Manager. Labor shall be provided by the Contractor in a timely manner. Plant material shall be provided by the City's Open Space, Parks and Golf Division unless damaged is caused by Contractor’s negligence (i.e. chemical damage, mechanical damage, water stress.) Damage not resulting from Contractor's negligence, such as vandalism, vehicle, or weather shall be reported promptly to the City’s Field Service Inspectors and/or Project Manager. Contractor shall inspect all sites prior to the contract and contact Field Service Inspectors and/or Project Manager with any concerns regarding the condition of plant material. O. Nurturing Soil Health: DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 29 Rev. March 29, 2018 Leaf drop shall become part of the mulch layer in the trees, shrubs or groundcover areas in an attractive manner and away from high traffic areas. Leaf debris shall not exceed 4” in depth and not be allowed to enter storm drains. Natural drainage swales, culverts and storm drain inlets shall be kept clean. Mulch shall not interfere with the health of all plant material. Leaf debris shall not be blown onto turf and be mowed/mulched. If leaf debris poses a fire hazard, per the request of City’s Field Service Inspector and/or Project Manager, all leaf debris must be cleaned up. P. Urban Forestry Mulch (wood chips) shall be maintained under all trees and shrubs and on bare soil with a minimum 3-inch layer. Mulch shall be provided by City’s Public Works Tree’s Department. All labor costs regarding, but not limited to spreading, transporting, and maintaining the mulch shall be covered by the contractor. VIII. TURF MAINTENANCE A) The following turf maintenance guidelines apply to all turf areas included in this agreement (unless otherwise specified). Turf shall be maintained areas in a healthy, safe, and aesthetically pleasing condition by performing the following operations and other work incidental there to: a. Mowing - All turf areas are to be mowed once a week. An additional weekly mowing may be requested due to weather conditions, special events, and growth flush after fertilizing. Mower settings are to be at 2” to 3" in height, depending of turf variety. All clippings shall be removed when unsightly and requested by the City’s Field Service Inspectors and/or Project Manager or be mulched using mulching blades dependent on the number of clippings. All turf areas at each site must be mowed on same day. b. Aerification - All turf areas are to be aerified twice a year, Spring (by the end of May) and Fall (by the end of October). Core size shall be at least 3/4" in diameter and 3" - 4" in depth and aerated in two directions. Hydraulic and/or gas aerators may be requested by Field Service Inspectors if depth is not being met. Cores do not need to be removed. c. City staff shall flag/mark irrigation system heads, valve boxes, and quick couplers. Contractor shall notify City Staff of aerification scheduling minimum of two days prior to start of aerification. Contractor is responsible for repairing any damage caused by aerification equipment. This includes but not limited to, irrigation boxes, quick couplers, sprinkler heads, valves, etc. d. Edging - All turf edging shall be edged at least once per month. Examples of edges: along pathways, walkways, around shrubs, trees, sprinklers heads, valve boxes, mow bands, DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 30 Rev. March 29, 2018 curbs, benches, light poles, or any other fixed object. HERBICIDES SHALL NOT BE USED AS A EDGING TOOL. Care must be taken not to damage trees, shrubs, or any other fixed object with edging equipment. String trimmer damage to trees and roots will not be tolerated. e. Grub/Larvae Control – Contractor shall keep all turf areas free of grubs and larvae. Damage caused by grubs and larvae shall be re-seeded with an approved turf seed. Nematodes or an organic product approved by City’s Field Service Inspectors and/or Project Manager, shall be the only means of treatment. f. Fertilizing turf shall be done three times annually early Spring (by the end of March), late Spring early Summer (by the end of May), Fall (by the end of October) using 6 pounds per 1,000 square feet, using OMRI approved NatureSafe 10-2-8 all seasons organic fertilizer (or approved equal) at a rate of 1.0 pound of actual nitrogen per 1,000 square feet. g. Safety hazards must be addressed immediately. Fill holes in turf areas immediately, regardless of cause, as they develop with enough soil to prevent tripping hazards. Soil shall be provided by City unless due to Contractors neglect, then Contractor shall supply soil. Contractor is responsible for picking up soil from City’s Municipal Services Center (MSC). h. Contractor shall re-seed small bare areas, not to exceed 200 sq. feet per park, on a monthly basis using materials and methods approved by the City’s Field Service Inspector and/or City’s Project Manager. These methods shall consist of the same materials used for turf renovations as specified in this contract. i. Turf Sweeping – The contractor shall sweep turf areas manually or mechanically at the request of the City’s Field Service Inspectors or City’s Project Manager. Sweeping will be requested to remove or disperse excess turf clippings or leaves. Requests will be more frequent during the fall season, after wind related events, and skipped mowing intervals by the Contractor. B) Playing Fields Maintenance Procedure The contractor shall apply Playing Field Maintenance Procedures to the following sites May through September per each year of contract: 1) Briones Park 2) Cubberley Community Center (see Section G for additional details) 3) Eleanor Park 4) Hoover Park 5) Peers Park 6) Mitchell Park DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 31 Rev. March 29, 2018 7) Ramos Park 8) Rinconada Park 9) Robles Park 10) Seale Park 11) Ventura Community Center a. All playing fields shall be mowed twice per week. Mower settings are to be at 2” to 3" in height, depending of turf variety. b. Playing field turf areas shall be aerated once per month using a conventional slicing/shattering tines drum aerator like the Aerway slicing aerator. This will be completed by aerating in one direction. All sprinklers, quick couplers, or other impediments shall be flagged by City staff before this procedure is initiated. c. All playing fields shall be slit seeded once per month. Seeding rates shall be 20% Bluegrass and 80% Perennial Rye grass or approved equal. Contractor shall provide Bermuda seed or another variety of sport turf seed upon request of the Field Service Inspectors. Field Service Inspectors shall approve Bermuda type prior to seeding area. Seed varieties must be industry recognized for quality and approved by City’s Field Service Inspectors and/or City’s Project Manager. Both seed varieties shall be applied uniformly, by separate applications of 2 lbs. per 1,000 square feet for blue/rye and 43-86 lbs. per acre for Bermuda. d. Contractor shall provide verification of seed varieties (seed label tags) and quantities (shipping tags) during and after each area of renovation. Contractor will document all procedures and provide a daily diary of grow-in activities. e. Field areas will be fertilized using OMRI approved NatureSafe 5-6-6 starter organic fertilizer (or approved equal), to enhance germination and initial seed vigor. Fertilizer is to be evenly distributed at 2 lbs. per 1,000 square feet. Areas shall be fertilized after each slit seeding has been completed. f. City shall furnish water and all watering schedules. Contractor shall report watering concerns to City’s Watering Manager, Field Service Inspectors and Project Manager throughout grown-in period. C) Soccer Field/Turf Renovation Procedures a. Orange snow fencing shall be installed to isolate field renovation area from use or encroachment by the general public. Six-foot-high portable chain link fence shall be used for Cubberley Community Center and Mitchell Park Dog Run turf renovations. Fence opening shall be locked using the contractors lock and City’s Corbin lock, linked together. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 32 Rev. March 29, 2018 b. A minimum of four signs (additional signs may be requested) must be provided in a Who What Where Fact sheet format. City shall provide contractor with appropriate signs. Contractor shall post all signs onsite, upon request. Fenced area shall be placed in a manner not to interfere with irrigation system watering the newly renovated area. Contractor shall be responsible to maintain all fencing throughout the renovation period. c. If necessary and upon approval of Field Service Inspectors and/or Project Manager, the field shall be treated with an approved herbicide to eliminate weeds posing safety hazards. d. Turf areas shall be scalped mowed down to approximately 1.5". Excess clippings shall be cleaned up and disposed. e. All turf areas will be double aerated using either a conventional drum aerator or a pull behind mechanical hydraulic and/or gas tine aerator. This will be completed by aerating in two perpendicular directions. All sprinklers, quick couplers, or other impediments shall be flagged by City staff before this procedure is initiated. Core size shall be 3/4" diameter minimum, using a deep hollow tine aerator to a depth of 3" to 4”. f. The turf areas shall be dragged after aeration to break up cores. After dragging has been completed, holes or low spots greater than 1" in depth are to be filled with PRZ Mix (70% TD-320 sand, 30% organic compost (1/4” minus, shall be free/screened of rocks, trash, clumps, and other debris)or approved equal by Field Service Inspector/Project Manager. g. The goal is to level the field and eliminate low spots and bumpy areas to create a consistent and even playing field (25 cubic yards per full size soccer field is an estimated amount needed to achieve this result) The contractor must provide a sufficient amount of soil to achieve the desired field grade. h. After leveling all fields, broadcast seeding shall be used to seed entire turf area. Seed rates shall be 20% Bluegrass and 80% Perennial Rye grass (Fiesta 4) or approved equal at 250lbs per acre. Contractor shall provide Bermuda seed or another variety of sport turf seed upon request of the Field Service Inspectors. i. Approximately 150 yards of PRZ Mix (70% TD-320 sand, 30% organic compost (1/4” minus, shall be free/screened of rocks, trash, clumps, and other debris) or approved equal shall be top-dressed at a thickness of ¼” on entire turf area. Field Service Inspector and/or Project Manager shall provide the final amount of topdressing mix needed. j. Field areas will be fertilized using OMRI approved NatureSafe 5-6-6 starter organic fertilizer (or approved equal) to enhance germination and initial seed vigor. Fertilizer is to be evenly distributed at 10 pounds per 1,000 square feet. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 33 Rev. March 29, 2018 k. Contractor shall be responsible for grow in of the renovated areas. This includes notifying Field Service Inspectors, Project Manager and Watering Manager if there are any necessary irrigation adjustments needed for optimal turf grow. Upon request of Field Service Inspector and/or Project Manager, contractor shall re-seed bare areas that did not take during the initial grow-in period. l. Contractor shall provide verification of seed varieties (seed label tags) and quantities (shipping tags) as requested by Field Service Inspector and/or Project Manager. m. Soccer field and turf renovation shall be completed within 10 working days after the date upon which notice to proceed is issued by Field Service Inspectors or Project Manager. IX. GENERAL MAINTENANCE AND CLEANUP The following general maintenance and clean up guidelines apply to all areas included in this agreement. A. All clippings, trimmings, cuttings generated by the Contractor shall be promptly removed from the work site at the end of the same day the work is performed. B. All areas covered by this agreement, including but not limited to areas around shrubs and trees, non-landscaped islands, sidewalks, patios, planter beds, curbs and gutters shall be kept free from weeds, litter, rocks, glass and debris. Debris including, but not limited to: paper litter, leaf and plant debris, household furniture, household appliances, cardboard, cigarette butts, shopping carts (shall be returned to local business on same day), animal feces, biohazards (human feces, vomit, hypodermic needles), illegal drug paraphernalia, and vehicle parts. The Contractor shall provide its employees’ OSHA approved environmental, health and safety training to ensure compliance with all federal, state, and local laws or regulations. C. Paved areas in all sites, including play and picnic areas, shall be swept and cleaned of any dirt, debris, weeds, litter or soils. D. Picnic Area: All Tables, benches and barbecue pits shall be kept cleaned. BBQ pits debris shall be removed twice weekly, Mondays and Fridays year-round. Picnic area tables, BBQ pits and benches shall be scrubbed and washed using a biodegradable cleanser. E. Sand volleyball court and horseshoe pits shall be kept raked and cleaned of any debris. Sand shall be furnished by Contractor on an “as-needed” basis, type to be determined by Field Service Inspectors. F. All parks shall be inspected by contractor for glass and other safety hazards by 10:00 a.m. daily. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 34 Rev. March 29, 2018 G. All decomposed granite pathways must be raked and not blown where indicated by the Field Service Inspectors and/or Project Manager. Upon approval of Field Service Inspector or Project Manager, contractor may water down decomposed granite pathways prior to using an electric blower to clean pathways where indicated by Field Service Inspectors. H. Ornamental recycling/compost/garbage enclosures shall be kept clean with a biodegradable cleaner. All garbage, recycling and compost containers must be emptied at the sites listed in this agreement. Garbage, recycling and compost containers more than half full must be emptied into their correct locations (example: recycling shall be recycled, compost shall be composted). Mechanically or physically compressing garbage is not permitted in lieu of emptying. All garbage, recycling and compost containers must be emptied on Mondays and Fridays. All garbage cans must have a garbage can liner. The Contractor is responsible for providing all recycling, compost and garbage liners. Blue see-through bags for recycling containers. Green compostable see-through bags for compost containers. Clear see- through bags for garbage. Re-using soiled garbage can liners are not permitted. Please see VI General Conditions, E. Waste Management for further details. I. Skate bowls, multipurpose bowls and handball courts must be kept clean. Bowls and handball courts are located at: Mitchell Park, Rinconada Park, Robles Park, Eleanor Park, and Hoover Park. J. All signs including but not limited to Park signs, Park rules signs, and ornamental signs shall be kept clean. K. All drinking fountains shall always be kept clean and free of debris. X. PLAYGROUND AND PLAYGROUND EQUIPMENT MAINTENANCE The following playground and playground equipment maintenance guidelines apply to all playground areas included in this agreement. Playground and playground equipment maintenance shall be performed daily (Monday through Friday for all Parks, Sunday through Saturday for Mitchell Park and Rinconada Park). Contractor shall post sign(s) in the playground stating, “Playground is Closed for Cleaning” during each cleaning. Playgrounds shall be thoroughly cleaned and inspected by 10:00am at all sites. Contractor shall follow the below guideline in the following order. 1) Contractor shall first walk entire playground picking up litter and inspecting for damaged or broken playground equipment presenting safety hazards. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 35 Rev. March 29, 2018 2) After completion, contractor shall level low spots within use zones of all playground equipment. 3) After leveling has been completed, contractor shall clean all playground equipment and surfacing in and around the play area. A. All playground sites and equipment shall be inspected at the start of each workday. The fall cushioning material (sand, wood fiber, rubber surfacing) shall be cleaned and raked level to remove any foreign and hazardous material and neatly groomed daily. B. Any playground equipment showing damage, vandalism or otherwise presenting an unsafe condition shall be reported immediately to the Field Service Inspectors and/or Project Manager and use caution tape, cones and/or barricades to secure area. If playground equipment is out of order and barricades, safety cones, and/or caution tape is used to secure the area, the contractors shall be responsible for re-securing the area daily until issue is resolved. C. Special attention shall be made to areas around and immediately adjacent to play equipment. The fall cushioning material in these areas shall be leveled by distributing material from high areas to low areas, material shall be added to edges. Edges shall not have a lip that exceeds 3 inches in height where applicable or requested by Contractor Manager or Field Service Inspector. D. During the leveling and distribution of fall cushioning material, no concrete footings or bases of play equipment shall be exposed that could allow children to trip or fall on. E. During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. Material shall be rototilled in compacted areas upon the request of Field Service Inspectors. The Contractor is responsible for supplying material (sand, engineered wood fiber, etc.) to playgrounds so that the uniform depth always meets safety guidelines (American Society of Testing Materials (ASTM) 1292 and ASTM 2223). Contractor shall provide labor to install all fall cushioning materials and material shall be applied within 30 days of initial request. If unable to meet deadline, contractor shall supply an electronic letter from the supplier stating the reason for not meeting the time frame listed above. If the contractor is not able to provide the City this information, the City reserves the right to contact the vendor directly. All play areas with sand and fiber shall be maintained between 9” to 12” to meet ASTM and CPSC Standard and Guideline compliance. Contractor shall supply an approximate amount of 700 cubic yards of engineered wood fiber and an approximate amount of 200 tons of playground sand per year of this contract. Fiber must have a certificate showing its compliance for use as a playground fall cushioning material. Certificate shall be given to City’s Project Manager prior to installation. Materials will be specified by Field Service Inspectors and/or Project Manager for each site. Please note types of playground sand differ DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 36 Rev. March 29, 2018 from site to site. Contractor shall be responsible for providing a sample of the fill with appropriate specifications prior to receiving approval from the City’s Fields Service Inspectors and/or Project Manager. Sand will be blown back into the appropriate sand areas and kept out of all adjacent landscaping and walkways. If contractor is found to be blowing sand outside of the appropriate sand areas, the amount of sand listed above may increase. Contractor shall supply a copy of the invoices from the suppliers to City’s Contract Manager and Field Service Inspectors. If materials are mixed in a play area (example: sand and fiber), incorrect material shall be removed and replaced by contractor with original material intended for the area. Contractor is responsible for providing the intended material for that area. Sand must always be kept separate from fiber. F. The raking and distribution of fall cushioning material around and below the play equipment shall meet CPSC and ASTM Guidelines and Standards. This condition shall extend through the use zone of any part of the play equipment. Use zones vary depending upon equipment type. The Contractor shall consult with the Field Service Inspectors and/or Project Manager for questions regarding use zones around playground equipment. Contractor shall match existing sand or engineered wood fiber. G. All play areas shall be maintained free of litter, cans, pop tops, broken glass, sticks, Band- Aids, rocks, cigarette butts, ropes, toys, and other harmful and unsightly debris. Sweep or blow walkways around play areas and return fall cushioning material to play area. Gather loose belongings and set aside on a bench for two days until disposing. Items of value that are found shall be turned into the City’s Field Service Inspectors and/or Project Manager. An example of these items are wallets, purses, backpacks, etc. XI. HOMELESS ENCAMPMENTS The contractor shall report to the Field Service Inspectors and/or Project Manager signs of any homeless encampments on all sites listed in this agreement. The contractor at the request of the Field Service Inspector and/or Project Manager shall remove incidental litter/debris generated by any homeless activity. The contractor at the request of the Field Service Inspector and/or Project Manager must remove encampments debris generated by any homeless activity after the encampment has been posted for removal by the Palo Alto Police Department. Encampment debris, including but not limited to cardboard, plywood, shopping carts, blankets, sleeping bags, coolers, tents, tarps are to be disposed of. The contractor shall cover all costs related to dumping fees. XII. EQUIPMENT DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 37 Rev. March 29, 2018 The contractor shall provide a list of equipment inventory to be used during this contract with their bid submittal (see Attachment B-1 Equipment). The inventory list must include description, model/make, and picture of equipment to be used for the maintenance of the landscaped and non- landscaped grounds specified in this contract. Example List of Equipment Inventory. List of Equipment Inventory Description Make/Model Image of Equipment Amount 1) 36" Stand- On Mower Toro GrandStand 36" 4 2) 11' Ride-On Mower Jacobsen HR600 Large Area Rotary Mower 2 3) Line Trimmer Shindaiwa T302 20 4) Greens Mower Toro Greensmaster Flex 1018 2 5) Electric Blowers Stihl BGA 86 w/ AR 3000 L Battery 18 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 38 Rev. March 29, 2018 The contractor’s list of equipment inventory shall include but is not limited to: • 36” and 72" mowers • large rotary riding mower with a minimum of a 11’ wingspan • aerator’s o walk behind hollow tine aerator for Bowling Green o slicing aerator for Sports Fields Maintenance o hollow tine aerator for regular aeration specification • slit seeder • generators • line trimmers • pressure washer • two greens mower with groomer attachment • an artificial synthetic turf broom w/ magnet attachment (to maintain artificial turf field) • walk behind thatcher • battery operated leaf blowers that satisfy the City of Palo Alto’s noise ordinance requirements. The contractor shall always furnish and maintain enough equipment as necessary to perform the work of this contract. Such equipment shall be subject to the inspection and approval of the Field Service Inspectors and/or City’s Project Manager. If the contractor is unable to consistently provide the necessary equipment to perform the work, it may be considered a breach of this contract. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 39 Rev. March 29, 2018 SITE LOCATIONS AND SPECIAL INSTRUCTIONS Site names, locations, address (when applicable) are listed below. Special maintenance instructions are listed, when applicable, for each site and shall be adhered to, in addition to, all other maintenance requirements listed in these specifications. Site names, location, address (when applicable) are also listed on the City of Palo Alto Landscape Maintenance Google map. Section A – Medians and Roadside Planter Strips Section B – Parking Lots and Parking Garages Section C – Parks Section D – City Facilities Section E – Utility Sub-Stations and Well Sites Section F – Tennis and Pickleball Court Cleaning SECTION A MEDIANS AND ROADSIDE PLANTER STRIPS Medians are defined as a landscaped area between traffic lanes used for the control of traffic. Roundabouts/traffic circles are considered medians in this scope. Roadside planter strips are defined as landscaped areas between sidewalk and roadway. Bioretention basins are defined as basins that collect storm water runoff into the treatment area which consists of plant materials. A. MEDIANS AND ROADSIDE PLANTER STRIPS Item 1 - Alma St East and Center Medians. –From San Antonio Rd. to Ferne and Greenmeadow to East Meadow. Keep plant material at 8” in height at all times for visibility at the corner of Ferne and Alma St. Includes planter area on east side of Alma and East Meadow (between sidewalk and residents fence line). Trim ground cover 2 feet away from fence. Trim ground cover off fence upon resident request. Includes center median on Alma, south of San Antonio Ave. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 40 Rev. March 29, 2018 Item 1A - Alma St. West- Alma between El Carmelo and El Dorado, corners at West Meadow and Alma, corners at West Charleston and Alma Keep all plant material below 3ft in height at West Meadow and West Charleston. Maintain plant material located between El Carmelo Ave. and El Dorado Ave. Item 2 - Arastradero Rd. – Clemo Ave to east of Deer Creek Rd. Includes center medians and planter strips located along the north side of Arastradero Rd and planter strips located east of Terman Drive, along Fletcher Middle School and planter strip located on south side of Arastradero Rd across Willmar Drive. Also includes planter strip located on the south side of Arastradero, in front of 687 Arastradero Road. Also includes planter strip west of 695 Arastradero Road, located between sidewalk and roadway, until Gunn High School driveway. Includes center medians, sidewalks, fence lines, and sidewalk strips on the west side from Hubbartt Dr. to the Arastradero West Apartments driveway Includes cement medians on the east and west side of the intersection at the Foothill Expwy. Includes planter strip along Gunn High School between roadway and sidewalk Includes the cement and landscaped medians west of Foothill Expwy. to Deer Creek Rd. Item 3 -Birch St. Medians – Center medians from California Ave. to Oregon Expressway. Item 4 - California Avenue -- Medians and sidewalk planting strips on California Avenue from El Camino Real to CalTrain property Contractor is responsible for maintaining the ornamental water fountain at the east end of California Avenue at Park Blvd. The contractor shall perform the following routine/regular maintenance. Please refer to Lytton Plaza’s Fountain Protocol for details. Item 5 -- California Avenue Business District Tree Wells – Any and all tree wells within the California Avenue business corridor between Cambridge Ave. and Sherman Ave. Item 6 - N. California Ave. – Landscaped right-of-way on the north side of street between Middlefield Rd. and Barbara Drive (up to resident’s driveway). Item 7– East and West Charleston Road- Corridor Medians - DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 41 Rev. March 29, 2018 Fabian Street to El Camino Real Fabian to Louis on East Charleston Rd. – southern planter strip between roadway and sidewalk, 150 ft west of Fabian Way. Louis Road to Grove Ave.- center medians. Includes landscaping in front of 706 East Charleston, west of Sutherland Drive. East Charleston, southern landscape strip located east of Nelson Drive, to shopping center driveway (between sidewalk and roadway). Includes planters’ strips between both driveways to Hoover School on north side of East Charleston Road. Includes landscape on southern ends (east and west) of Carlson Court. Includes landscape west and east corners of Mumford. On Charleston Road, East and west of Nelson Drive, center medians to Alma Street. Includes cement/landscaped median at Louis Rd and East Charleston Sidewalks and planting strips from Carlson Ct. to Alma St, north side of Charleston. Trim plant material 2 feet away from fence. Trim ground cover off fences upon resident and/or Field Service Inspectors request. Includes center median west of Wilkie Way and in front of 493 West Charleston Road. Item 8 - Downtown Tree Wells – Lytton St. to Forest Ave. (north to south boundary) and from Alma St. to Webster St. (east to west boundary) Remove litter weekly. Remove tree suckers monthly. Item 9 - El Camino Real – Medians and planter strips on El Camino Real from the intersection of Palo Alto Ave. to Dinahs Ct. Includes triangular planter at the intersection of Palo Alto Ave (north of El Camino Park). Does not include center medians and sidewalk planter strips from Sand Hill Rd. to Quarry Rd. Does not include medians near University Ave. Includes medians and landscaped areas on El Camino Way. Litter shall be picked up on all medians 1x per week. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 42 Rev. March 29, 2018 Item 10 - Eleanor Park Area Cul de Sacs – Landscaped medians (7) in the Eleanor Pardee Park area located on • Arcadia Place (Pollinator Garden) • Island Drive (Pollinator Garden) • Kent Place • Tevis Place • Kirby Place • Somerset Place • Regent Place Note: Certain medians are maintained by volunteers, please confirm with Field Service Inspectors for details on specific ones. Item 11 - Embarcadero Rd. Islands/Underpass – Starting from east to west on Embarcadero Rd.; • Center medians located east of Geng Road to West Bayshore Road (101 overpass) • Between St. Francis Drive and Wildwood Lane, north side • North California Avenue, south side • Primrose Way (Pollinator Garden), north side • End of Seale Avenue at the corner of Louis, south side • Guinda Street (Pollinator Garden), south side • End of Coleridge Avenue at Middlefield Road, south side • Churchill Avenue (Pollinator Garden), south side • End of Melville at Bryant Street, north side • End of Kingsley at Emerson Street and Emerson at Kingsley (center median), north side • Kingsley Avenue/High Street median, south side • Kingsley Avenue (turf area), south side Includes north and south hillsides, located at east and west of Embarcadero Underpass. Also includes stairs on east side of Embarcadero Underpass, on north and south side. Includes north and south walkways from Kingsley to traffic signals located west of Embarcadero Underpass. All walkways along the underpass must be cleaned weekly. Keep all signs clear and maintain vines on both sides of Embarcadero Underpass. Item 12 - Evergreen Park Neighborhood Closures/Park Blvd. Medians - Landscaped and cement street closures (13 locations) located between Park Blvd. and El Camino Real at or near the following intersections: W. Meadow, Margarita Ave., Chestnut Ave., Mariposa St., Park Ave., College St., Oxford St., College St., Birch St., Ash St., and Leland St. Item 13 - Forest Ave. – Center median (turf) between Lincoln Ave. and Boyce Ave. Item 14 - E. & W. Greenwich St. Cul de Sacs - Landscaped/turf medians located on the east and west side of Newell Rd. *W. Greenwich is a pollinator garden. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 43 Rev. March 29, 2018 Turf shall be mowed weekly. Item 15- Kellogg at Middlefield- Landscaping on all four corners. Includes two planter areas. Item 16 - Lytton/Guinda –Landscaped median at Lytton Ave. and Guinda St. Item 17 - Melville Island – Landscaped median at Greenwood Ave. Item 18 - Miranda Avenue – Medians along east road shoulder from Arastradero Rd. to Arroyo Ct. Item 19 - Oregon Expressway – Medians, planter strips and hillsides from West Bayshore Rd. to El Camino Real. Height and side trimming of shrubs shall be completed twice a year in April and October or as scheduled by Field Service Inspectors. Height trimming shall be at minimum 12 feet vertically on all sides. Upon request, hedges shall be hedged up to the top of the plant material. Keep all ivy off shrubs and trees. Includes sidewalks on south and north side. Keep vegetation off sidewalks, blow walkways weekly. Includes keeping ivy and shrubs off fence line on south side. Includes cul-de-sacs: High St., Emerson St., Ramona St., South Ct., Tasso St. (off Marion Ave.), Warren Way. Includes hillsides on north and south sides of Oregon Underpass and planter areas from Alma to El Camino Real. Includes ivy/vines along guardrails, fence lines, and bridge railings in the proximity of the Alma St. on/off ramps between Sheridan Ave. and Sherman Ave. Includes landscaping in clover leaves on all sides of Oregon Expressway at Alma. Includes walkways located along Alma and planter strips located between on and off ramps and planter and walkway located between Colorado and on ramp to Oregon northbound. Includes planter strip located at the south east corner of Oregon Expressway and Waverly Street. Keep all hardscaped areas along on/off ramps from 200 block of Page Mill Road (along Oregon Expressway) to Alma St. free of weeds and maintain all plant material. Clean drainage outlets and gutters clear of weeds along the north side of the underpass from the Alma St. ramp to the California Ave. turn off. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 44 Rev. March 29, 2018 Includes weed control on center medians from El Camino Real to Alma. Item 20 - Page Mill Rd. – El Camino Real to Foothill Expressway. Keep ivy/vines trimmed away from signage attached to all overpasses. Includes weed control and maintenance of all plant material on all medians including cement traffic light medians from El Camino Real to Foothill Expressway. Includes pathway and planter strip on the northwest side of Page Mill Rd. from Peter Coutts Way to Foothill Expwy. Item 21 - Quarry Rd. – Median west of Welch Rd. Item 22- Roundabouts- Everett Ave at Emerson (Downtown) Everett Ave at Webster (Downtown) Lytton at Fulton (Downtown) Bryant at Addison (Downtown) Park Blvd at Stanford Ave (Peers Park) College Ave at Yale St. (College Terrace) Cambridge Ave at Yale St. (College Terrace) Item 23 - San Antonio Rd. Medians/Planter Strips/Interchange/Right-of-way – Frontage Road (end of Ciardellas property, 1001 San Antonio Ave) to Alma, includes all medians and planter strips, north and south along walkways as well as center median. Excluding Jewish Community Center planter median located on the north side of San Antonio Road at the corner of Charleston. Contact Field Service Inspector or Project Manager for details. Alma to Frontage Road (end of Ciardellas property) keep all cement medians free of weeds. Includes medians on San Antonio Ave, between Briarwood and Alma Includes hedges and plant material between San Antonio Road and Frontage Road to 1001 San Antonio Ave. Includes center medians up to the middle of San Antonio overpass. Includes San Antonio northern cloverleaf. Item 24 - University Ave. – Median islands from north bound El Camino Real to High St. Tree wells from Alma St. to Webster St. Landscaped corners (28) between Emerson St. and Cowper St. Landscape planter with the Welcome to City of Palo Alto sign located on the north side of University Avenue near Woodland Ave. (City of Palo Alto sign) DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 45 Rev. March 29, 2018 Litter and debris shall be removed daily from all landscaped areas and walkways. University Ave. center median island at El Camino Real. Includes University Circles landscaping and blowing of all sidewalks. Includes triangular islands located along the off ramp from northbound El Camino Real to University Ave and on ramp from University Ave to northbound El Camino Real. Item 25 - 101/West Bayshore Rd. Sound walls – North sound walls from Embarcadero Rd. to City Limits; South sound walls from Oregon Expwy. to Amarillo Ave. Includes area from gutter to sound wall Keep vines trimmed behind curb line Thin vines as needed to prevent top heaviness Item 26- West Meadow and East Meadow Medians- Maintain medians between Alma Street and Wilkie Way on West Meadow. Maintain planter strip along sidewalk, southeast of Alma, West of Ramona on East Meadow. Item 27- AMBLUR Ross at Corina - 2 middle islands Ross at East Meadow - roundabout Ross at Colorado - 2 middle islands Ross and Loma Verde - 2 middle medians Ross at Stone (south side) - 2 side medians (speed hump) Ross south of Ames Street- 2 side medians, 3 side medians across from 3412 Ross Ross at Richardson Court -2 side medians Ross at Allen Court- 3 side median Allen Ct and Loma Verde on Ross- 2 medians mid-block planter (speed hump) Ross at Stern 3 side medians, includes curb extensions Ross, North of Stern- 2 side medians (speed hump) Ross, south of Sutter- 2 side medians (speed hump) Ross at Moreno- roundabout East Meadow Drive at East Meadow Circle- 1 roundabout 4 side planters and 4 medians East Meadow at Louis- roundabout Ross at Louis- roundabout Bryant at El Verano- 2 islands DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 46 Rev. March 29, 2018 Louis and Fielding- landscape strips Louis and Moreno –landscape strips Item 28- Rincon Circle Roundabout- across from 4198 Rincon Circle DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 47 Rev. March 29, 2018 SECTION B PARKING LOTS and PARKING GARAGES B. PARKING LOTS and PARKING GARAGES Item 1 - California Avenue Business District Lots and Garages -- Landscape and hardscape maintenance. This includes litter removal from the entire parking lot, not just islands; and includes blowing the sidewalks. Item 1A - Parking Lot 1 off Cambridge Ave. Item 1B - Parking Lot 2 off Cambridge Ave. Item 1C- Parking Lot 3/Ted Thompson Garage Cambridge Ave. & Birch St. • Train camellias to espalier. Keep shrubs pruned for visibility below 3ft in height. Item 1D - Parking Lot 4 off Cambridge Ave. Item 1E - Parking Lot 5 (Garage) off Cambridge Ave. at Mimosa Ln. Item 1F - Sherman Parking Garage locate at 350 Sherman Ave. Item 1G - Parking Lot 8 off Sherman Ave. and El Camino Real Item 1H - Parking Lot 9 off Cambridge Ave. at Birch St. Item 2 - University Avenue Business District Parking Lots and Garages Landscape and hardscape maintenance. This includes litter removal from the entire parking lot, not just islands; and includes blowing the sidewalks. Item 2A - Parking Lot A –Emerson Street at Lytton Avenue Item 2B - Parking Lot C –Ramona Street at Lytton, south of Cogswell Plaza Item 2C - Parking Lot D – Hamilton Ave. at Waverly St. Item 2D - Parking Lot E – 600 block of Gilman St. Item 2E -Parking Lot F – Florence St. near Lytton. Item 2F -Parking Lot G – 600 block of Gilman St. Item 2G -Parking Lot H – Cowper St. at Hamilton Ave. Item 2H - Webster/Cowper Parking Garage located between Cowper and Webster • Routine Maintenance • Report any safety issues or vandalism during your site visit. • Report any irrigations problems • Remove litter and debris from site Monday and Friday. • Replace plant material as needed plants to be approved by City. • Weed removal chemical or mechanically in accordance with contract specifications. Item 2I -Parking Lot K – Lytton Ave. at Waverly St. Item 2J -Parking Lot N – 500 block of Emerson St. next to Lytton Plaza. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 48 Rev. March 29, 2018 Item 2K -Parking Lot O – 400 block of High St. between Lytton and University Ave. Item 2L -Parking Lot P – 500 block of High St. between University Ave and Hamilton (includes alley way across High Street, north of Parking Garage located at 528 High Street). Item 2M -Bryant/Lytton Garage – 445 Bryant St. (includes alley way from Lytton to Florence). Item 2N -Parking Lot T – Corner of Lytton Ave. at Kipling St. Item 3 - Midtown Parking Lot – Located west of 7200 block of Midtown Ct. • Includes parking lot and landscaping only, as well as alley way located at the end of Midtown Ct. Please refer to maps for detailed location. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 49 Rev. March 29, 2018 SECTION C PARKS C. PARKS *Please note, bioretention basins located within any Park locations shall only have litter/debris removal completed per the frequency of the site. Item 1 - Bol Park – PESTICIDE FREE PARK - Laguna Ave. between Matadero Ave. and Barron Ave. South boundary extends to the north side of the Matadero Creek bridge Open space/native plant areas to the north/west of bike path: Native plant materials shall not be touched. Palo Alto Friends Groups maintain these natives throughout area. This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down. Field Service inspector may request pathways be cleaned manually (with a rake) if dust particles are visible and/or upon residents’ complaints. Item 2 - Boulware Park -- PESTICIDE FREE PARK- Between Fernando Ave. and Chestnut Ave. Includes pump station on the south west side of park. Keep vines off building and fence lines clear to 3 feet. Basketball court shall be cleaned Monday-Friday. Note: Boulware will be closed for a complete renovation and expansion (construction date TBD). Site will be closed for approximately 9-12 months during construction. See Appendix A Site Maps, Section C2 for expansion details. Item 3 - Bowden Park – High St. at N. California Ave. Item 4- Bowling Green- 474 Embarcadero road at Cowper • Maintenance includes all external and internal of Bowling Green. Internal Turf Care • The contractor shall begin by having a Soil Fertility and Agricultural suitability test. This test shall be performed annually. Soil samples must be taken from different areas of the green. Recommended amendments shall be applied accordingly. • Mow at a maximum height of 1/8 inch with a green’s mower MWF during the months of March – November. Mowing to be done in diagonal directions Remove clippings. • Mow 2x/weekly in December, remove clippings • All grass clippings shall be removed DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 50 Rev. March 29, 2018 • Apply surfactant and/or wetting agent weekly upon request. • Activate groomer in opposite directions as requested. • Thatch the green to ¼ inch every as requested May - October. • Clean the green of debris 3x weekly prior to mowing. • Manually supplement watering of green edges or dry spots as needed. Especially east edge beneath Oak trees. (Usually 3x /weekly) • Edge green twice monthly, be cautious of wood border to not damage. • Rake and clean sand gutters and sand storage bunker on a weekly basis. • Manually weed cyclone fence boarders, sand gutters and sand storage bunker. • Clean asphalt and walkway areas around the clubhouse and green 3x/week, MWF • Manually aerate dry spots, and edges of the green as needed (edges need to done 3x annually as a minimum). Remove cores, topdress with kiln dried sand to fill holes and seed with hybrid Bermuda. • Apply fungicide, pesticide, and/or herbicides to the green as needed. All chemicals shall be approved by City prior to contractor’s use. • Everything inside the perimeter of the fence shall be kept weed free at all times. • Fertilize with Andersons Contec DG 18-9-18 by “spoon feeding” the green 2x per month. • Remove ivy from the trees around the green monthly • Keep ivy off fence lines. • Clean needles behind the clubhouse annually –end of December • Contractor shall have two greens mowers with groomer attachment Green Renovation • Green shall be renovated each year of contract. Schedule to be determined by Project Manager and/or field Service Inspector. Renovation would take place in the Spring or Fall (May or October) each year dependent on the usage of the facility. • Mow at a maximum height of 1/8 inch with a greens mower. • Thatch green diagonally, in two directions upon request of Field Service Inspector. Thatch shall be picked up. • Aerate the green with 5/8-inch tines and remove cores. • Top-dress the green with kiln dried sand that meets USGA recommendations with a particle size .25 mm to 1 mm (about 9 tons or equivalent in yards). • Fill aeration holes to top and remove excessive sand. • Broad cast Pure Select bent grass seed. Seed shall be dragged in. • Fertilize with City approved starter fertilizer or recommended products by Field Service Inspector and/or Project Manager. Item 5 - Briones Park – Arastradero Rd. at Clemo Ave. Includes traffic barrier at the north side of Clemo Ave. at Maybell Ave. This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 51 Rev. March 29, 2018 Includes fence line at west side of park from Arastradero Rd. to Maybell Ave. Basketball court shall be cleaned Monday-Friday. Item 6 - Cameron Park – Wellesley St. between Stanford Ave. and College Ave. Item 7 - Cogswell Plaza – Lytton Ave. between Ramona St. and Bryant St. Item 8 - El Palo Alto Park – PESTICIDE FREE PARK - Palo Alto Ave. at Alma St. Clean signs once per month along pathways. Item 9 - Eleanor Park – Channing Ave. at Center Dr. Garbage/recycling enclosure located inside of garden near well site shall be serviced 3x per week. Item 10 - Flood Basin- PESTICIDE FREE - East Bayshore Rd. between Animal Shelter and Adobe Creek. Mow 3 feet on east side of path. Item 11 – Hale Well Park Area – PESTICIDE FREE PARK -Palo Alto Ave. at Hale Ave. Turf and landscape on the west side of the Hale Well Site Keep 3-foot clearance area behind creek side fence line Item 12- Heritage Park- Corner of Waverly St. and Homer Ave. Item 13 - Hoover Park – Cowper St. between Colorado Ave. and Loma Verde Ave. Includes storage, bench, bleacher, and warm-up areas around Little League field. Infield Maintenance Mow infield 2x/week with walk-behind mower. Clippings shall be picked up. Edge infield bi-monthly. Fill in low spots with approved baseball infield mix 1x/week. Baseball field infield shall be rototilled (ripped) with PTO driven tractor rototiller attachment to remove weeds along with “fluffing” (depth to be determined by City’s Field Service Inspector), leveling and compacting each infield in January/February, prior to baseball DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 52 Rev. March 29, 2018 season (ideally a few weeks prior to season start). Scheduling shall be determined by City’s Project Manager and/or Field Service Inspector. This shall be completed once yearly. All sprinklers, quick couplers, bases, pegs, or other impediments shall be flagged before this procedure is initiated. Twenty-five (25) tons of Baseball Infield Mix (70% red lava cinder, 1/8” fines mixed with 30% wilder clay or equal) shall be added and mixed to field ONLY FIRST YEAR of contract to bring areas up to grade and fill in low spots. This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down. Clean tennis courts twice per month in accordance with posted schedule. Field Service Inspectors may request additional cleaning if there is debris on the courts between scheduled cleaning. Includes Dog Run located at the south east side of park. Decomposed granite area must be inspected for holes and filled daily. Fill low spots with decomposed granite as needed. Water and compact loose decomposed granite as needed. Leaf material shall be raked up on a weekly basis. Includes walkway to Middlefield Rd (planters not included) Item 14 - Johnson Park – Hawthorne Ave. at Waverly St. Does not include interior of Community Garden but does include perimeter of garden. Use caution when blowing leaves and/or debris on pathways surrounding the community garden. Leaves and/or debris should not collect around the perimeter of garden. Sand volleyball court shall be kept raked and clean of debris. Sand volleyball court shall be kept rototilled to relieve compaction and filled with approved sand as needed and as requested by Field Service Inspectors and/or Project Manager. Perimeter of volleyball court shall be edged bi-monthly. Item 15- Lytton Plaza- Corner of Emerson and University Ave. Remove litter and debris, empty garbage cans as requested by Field Service Inspectors. Rake decompose granite pad to eliminate litter, debris and to eliminate low spots and potholes. Do not use blowers on decomposed granite pad. Keep fountain filter clean and free of litter and debris. Keep screens around fountain free of any litter and debris. 1” Chlorine conditioning tabs and chlorine granular shall be purchased and applied by contractor to fountain. Contractor shall apply 4 ounces of chlorine granular and two 1” chlorine conditioning tabs weekly (every Monday morning). Filters shall be cleaned weekly as well as scrubbing the face of the fountain with a pool brush that will not scratch the face of the fountain to remove all algae from surface. Fountain vault shall always be kept clean. Please refer to DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 53 Rev. March 29, 2018 Maintenance Protocol for Lytton Plaza Fountain for additional details. This shall be given upon request of the contractor. Fountain shall be cleaned by a commercially licensed contractor that has experience in maintaining commercial fountains. Contractor chosen shall be approved by Project Manager. Item 16 - Mayfield Park/College Terrace Library – Wellesley St. between College Ave. and California Ave. Area must be blown before library is open. Opening time may vary per day. Keep vines off roof. Area also includes plant material on side of road around day care center. Item 17- Mitchell Park- 3800 Middlefield Road In addition to Monday through Friday routine cleanings, the contractor shall service the entire site every Saturday and Sunday mornings for each year of this contract. The contractor must provide all General Maintenance Clean-up along with Playground and Playground Equipment Maintenance. *Report any safety or vandalism issues each day *Report any irrigation problems *Clean and groom play areas, skate rinks, and sand boxes daily *Pickle ball and Tennis courts should be cleaned twice monthly in accordance with the posted schedule. Field Service Inspectors may request additional cleaning if there are debris on the courts between scheduled cleaning. *Clean all hardscape and pathways at minimum 1x per week. Decomposed granite pathways shall be water down prior to blowing with approval of Field Service Inspector. *Leaves should be removed from turf each week prior to mowing as needed (Especially Fall Season). * Trim shrubs and remove weeds along west fence line along Fairmeadow Elementary School as needed and/or requested by Field Service Inspectors. Add decomposed granite if needed to level the area. *Includes strip located on the eastside of the tennis and handball courts, that runs adjacent to neighboring properties. Dog Run Renovations Annually renovate the decomposed granite area within one full workday and level the site. Area should be wet and rolled until packed before opening. Advance notice of closure must be posted two weeks in advance. Annually renovate the turf area located inside of the dog run (March through June) schedule exact closure with Field Service Inspectors and/or Project Manager. Renovation closure notices DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 54 Rev. March 29, 2018 shall be posted on exterior fence of dog run two weeks prior to the start of the renovation. Entire area shall be fenced off using portable 6ft high chain link fencing with orange snow fencing at the bottom to avoid dogs, balls, and dog toys intruding into the turf area while being closed off. Temporary water supply will be supplied by City staff if needed. Below are the steps for the renovation: 1) Close off area. 2) Hand weed Common Mallow in turf (remove root and all). 3) Edge turf along D.G. (line up edge with irrigations rotors). 4) Scalp mow turf area, remove all clippings. 5) Double aerate turf (two different directions). 6) Slit seed area in two directions, broadcast seed in all bare areas. Seed variety:70%Fescue 30% Kentucky Blue. 7) Fill in holes and low spots greater than 1” using PRZ mix from TMT or equal to (about 12yards). 8) Topdress area with remainder of PRZ mix. 9) Broadcast seed throughout entire turf area. Seed variety:70%Fescue 30% Kentucky Blue. 10) Fertilize area with starter type fertilizer. Field Service Inspector and/or Project manager shall approve variety prior to application. 11) Communicate to Field Service Inspectors and/or Project Manager when renovation has been completed. Magical Bridge Playground Maintenance In addition to Sunday through Saturday routine cleanings, the contractor shall clean the Magical Bridge Playground on every Saturday and Sunday mornings for each year of this contract. This shall include the following: 1. Servicing of all garbage/recycling/compost enclosures 2. Loose litter pick up 3. Clean-up of all debris 4. Blowing/cleaning of all hardscapes and walkways. 5. Wipe down of all playground equipment, seating areas, walls, picnic areas, playhouse, and drinking fountains. Light pressure washing of all equipment, walkways, picnic area, playhouse, bridges, slide mound, PIP (poured-in-place) surfacing, 3x per year. This shall be scheduled with Field Service Inspector and Project Manager. If any damage is done due to contractor’s negligence, contractor shall repair items to its original state. Item 18- Monroe Park – PESTICIDE FREE PARK- Monroe Dr. at Miller Ave. Item 19 - Peers Park – Park Blvd. between Stanford Ave. and Sequoia Ave Area also includes pump station and driveway at the south east corner of park. Keep plant material off building. Keep fence lines clear to 3 feet. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 55 Rev. March 29, 2018 Tennis courts shall be cleaned twice per month in accordance with posted schedule. Field Service Inspectors may request additional cleaning if there are debris on the courts between scheduled cleaning. Item 20 - Ramos Park – 800 East Meadow Ave. Item-21- Rinconada Park- 777 Embarcadero Road *Includes the perimeter of two sub-stations on the Hopkins St. side of Park. *Includes the Girl Scout Building. *Includes pool turf and hardscape area. Maintenance schedule with pool area must be coordinated with the recreation department seasonally around scheduled events. *Includes yearly turf renovation of turf located inside of pool area. Refer to VIII, C, Soccer Field/Turf Renovations for details. Seed variety for area may differ than typical seed variety specified in Soccer Field/Turf Renovation section of contract. Three cubic yards of PRZ shall be used for topdressing and leveling area. Field Service Inspector will provide seed variety information for turf area. Turf area shall be open for use by first weekend of May. Schedule of renovation may vary dependent on pool scheduling. *Mow all turf areas (including pool area) weekly *Leaves should be removed from turf each week prior to mowing as needed (Especially Fall Season). In addition to Monday through Friday routine cleanings, the contractor shall service the entire site every Saturday and Sunday mornings for each year of this contract. The contractor must provide all General Maintenance Clean-up along with Playground and Playground Equipment Maintenance to the site. In addition, the contractor shall wipe down all playground equipment, seating areas, picnic areas and drinking fountains. Contractor shall provide a light pressure washing of all playground equipment, walkways, surfacing, 3x per year that are in the play area. This shall be scheduled with Field Service Inspector and Project Manager. If any damage is done due to contractor’s negligence, contractor shall repair items to its original state. Item 22 - Robles Park – 4116 Park Blvd. This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down. Item 23- Sarah Wallis Park – PESTICIDE FREE PARK -202 Ash St. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 56 Rev. March 29, 2018 Item 24 - Scott Park – PESTICIDE FREE PARK- Channing Ave. at Scott St. Item 25 - Seale Park – Maddux Dr. at Stockton Place This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down. Upon request of Field Service Inspectors, arbors shall be washed down. Item 26- Terman Park- PESTICIDE FREE PARK- 655 Arastradero Road Includes turf area and jasmine on west side of main driveway at Arastradero (reference map for details on areas of responsibilities). Includes parking lot medians and planter strips (reference map for details on areas of responsibilities). Includes planter strip located between walkway and apartment complex on west side of field, behind west soccer goal on field #1 (reference map for details on areas of responsibilities). Includes planter strip located between walkway and residents’ homes behind north goal on field #2 (reference map for details on areas of responsibilities). Includes basketball courts on the interior of the fence line as well as basketball court on the exterior of fence line. Includes sidewalk located on west side of Terman Drive. Item 27- Timothy Hopkins Creekside Parks- PESTICIDE FREE PARK Includes three Park locations. #1 -On Palo Alto Ave. between Cowper St. and Tasso St. #2- On Palo Alto Ave. at Webster St. #3 -On Palo Alto Ave. at southwest corner of Middlefield. Includes 3 feet behind fence lines—maintain as directed by Field Service Inspector and/or Project Manager Item 28- Ventura Community Center – PESTICIDE FREE PARK- Between Ventura Ct. and 2nd Ave. Includes north parking lot and alley way that runs between fence line and building. Black tops must always be kept weed free, blow loose material off of black top. Item 29 - Weisshaar Park – 2298 Dartmouth St. between College Ave. and California Ave. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 57 Rev. March 29, 2018 Tennis Courts shall be cleaned twice per month in accordance with posted schedule. Item 30 - Werry Park – 2100 Dartmouth St. between College Ave. and Stanford Ave. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 58 Rev. March 29, 2018 SECTION D CITY FACILITIES D. CITY FACILITIES *Please note, bioretention basins located within any Facility locations shall only have litter/debris removal completed per the frequency of the site. Item 1 - Alma Fire Station – 301 Alma St. *Keep vine in courtyard off roof. *Includes courtyard in the back. Item 2 - Animal Shelter -- PESTICIDE FREE- 3281 East Bayshore Rd. *No fertilizers shall be used. *Facility shall be serviced on Tuesday, before 8:00am *Includes front and rear (employee) parking lots. Includes gravel parking lot surrounded by oleanders. *Includes front landscaping *Includes patios and hardscaped areas, maintenance routine may require adjusting due to unforeseen circumstances with sheltered animals. Mowing to be done on Tuesdays only. *Includes area in front of kennels *Includes emptying one garbage can *Includes fence lines along exercise area and on the north side of complex Item 3 - Arastradero Fire Station (Fire Station #5) – 600 Arastradero Rd. Activate 7 manual valves twice per week. In the courtyard, do not prune fruit trees. Clean wash rack weekly. Item 4 -Art Center – 1313 Newell Rd. Leaf blower use is restricted in certain areas of property. Do not use leaf blowers at or around open windows. Area cannot be blown after 10:00 am. Contractor mows children’s courtyard and lawns on the west side of building, along Newell. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 59 Rev. March 29, 2018 Mow lawns and prep courtyards for special events as requested. Contractor must be prepared to change schedule around special events planned at the Cultural Center. Embarcadero parking lot between Community Garden and Art Center, north curb plant material (between garden and north parking lot curb, should be kept low and mulched. Item 5 - Bike Paths – Locations varied (see below) Locations: 1. Wilke Ave. to Monroe Dr. 2. Bol Park Bike Path (starts at Hanover St. to SCCVWD Reservoir, near Gunn High School) *Keep plant material off bike path. *Remove debris in landscaping and dead plant material. *Keep line of sight clear around bends of bike paths. *Upon request of Field Service Inspector, and/or Project Manager, leaf debris located between Matadero and Hanover shall be picked-up and off hauled. *includes pruning of vegetation along both fence lines 3. 1048 Loma Verde Ave. 4. Greer Bike Paths 3142 Greer Rd. to Morris Dr., Morris Dr. to Stockton Pl. 5. 300 Manzanita Ave. 6. 1500 Portola Ave. 7. 200 Sequoia Ave. 8. 443 Ferne Ave. 9. Duncan Pl. 10. 1445 Hamilton Ave. 11. 101 Freeway Bridge to East Bayshore Rd. 12. Embarcadero Bike Path-Churchill Ave north (along train tracks) until Cal Train parking lot. 13. Palo Alto Bowl Bike Path- Monroe Drive south to Cesano Court. 14. Wilkie Way Bike Corridor (across from 4287 Wilkie Way) 15. University Ave to Quarry Road. Bike path runs adjacent to El Camino Real. Includes bike path leading to public restroom near VTA. Item 6 - Children’s Library – 1276 Harriet St. *Yearly turf renovation on 3 small lawns located in the back of the library. Seed variety shall be a shade tolerant fescue. Approximately three cubic yards of PRZ or equal to, shall be used for topdressing. Renovation will be scheduled by Fields Service Inspectors and Project Manager. Refer to VIII, Section C, Soccer Field/Turf Renovations for details. *Includes both front and rear landscaping and secret garden *Keep ivy pruned back against fence along North driveway. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 60 Rev. March 29, 2018 *Includes both driveways, with dumpsters and shrubs. *Keep vines off roof. Item 7 – Children’s Theatre – PESTICIDE FREE-1305 Middlefield Rd. *Prune Xylosma hedges three times per year, maintain current shape *Prune roses around wishing well on a regular basis throughout the growing season and perform winter pruning *Manually water container plants upon request of Field Service Inspector. *Maintenance schedule must be adjusted to accommodate special events *Yearly turf renovation of lawn located in front of theater stage. Seed variety shall be a shade tolerant fescue. Approximately two cubic yards of PRZ or approved equal shall be used for topdressing. Renovation will be scheduled by Fields Service Inspectors and Project Manager. Refer to VIII, Turf Maintenance, Section C, Soccer Field/Turf Renovation Procedures for details. Item 8 - City Hall – 250 Hamilton Ave. Aerification, over seed and top-dress turf with approximately 6 cubic yards of PRZ or approved equal, two times a year in spring and fall. Clean plaza daily by 10:00 am, including stairways and sidewalk around building. Clean slippery areas where moss, mud and other debris make walkways hazardous. Empty garbage cans daily. Use of blowers to be restricted in certain areas near the air ventilator intake. Keep drains cleared during rainy season. Rearrange park furnishing on plaza to correct locations each morning. Water outdoor container plants, near main entrance. Be cautious to not overwater the containers. Item 9- Cubberley Community Center and Playing Fields • Do not use leaf blowers at or around open windows or doors. • All work requiring mechanical tools (blowers, edger’s, trimmers, etc.) shall not be used after 8:00am near the classroom wings. • No pesticides shall be used on the Cubberley Campus. • All-natural turf shall be mowed on Friday mornings. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 61 Rev. March 29, 2018 • Playing Fields shall be treated in accordance with Playing Field Maintenance Procedures. Mowing shall be completed on Tuesday and Friday mornings. • All garbage cans along perimeter of playing fields shall be serviced by contractor 2x per week (Mondays and Fridays). An additional service may be required during each week upon the request of the Field Service or Project Manager. • Contractor shall keep synthetic soccer field and synthetic running track clean of debris daily. • Contractor shall drag the synthetic field once every 6 weeks (this may vary dependent on life span of turf. Older the turf is, the less dragging it will require) with a drag behind synthetic turf broom with de-thatcher and magnetic attachment. Broom shall be dragged behind a lightweight utility cart like a Club Car to avoid damaging the turf. • SPORTS TURF RENOVATION - Contractor shall renovate natural sports turf fields once per year. Please refer to VIII, Turf Maintenance, Section C-Soccer Field/Turf Renovation Procedure for details. Renovation shall be scheduled with Field Service Inspector and/or Project Manager. • SOFTBALL FIELDS RENOVATION Four softball infields shall be rototilled (ripped) with PTO driven tractor rototiller attachment to remove weeds along with “fluffing” (depth to be determined by City’s Field Service Inspector), leveling and compacting each infield toward the end of each turf renovation closure period (ideally a few weeks prior to opening of the fields). Scheduling shall be determined by City’s Project Manager and/or Field Service Inspector. This shall be completed once yearly. All sprinklers, quick couplers, bases, pegs, or other impediments shall be flagged before this procedure is initiated. Twenty-five (25) tons of Baseball Infield Mix (70% red lava cinder, 1/8” fines mixed with 30% wilder clay or equal) shall be added and mixed to EACH FIELD ONLY FIRST YEAR of contract to bring areas up to grade and fill in low spots. Lower raised turf located on the perimeter of infields (between the infield mix and turf), caused by infield mix being dragged into the turf over the years. This shall be completed by sod cutting existing turf on the perimeter, remove excess material and dispose of old sod and material. New sod (blue/rye variety with approval of City’s Project Manager) shall be installed to re-establish turf perimeter along with amending the soil prior to installation. The arch of the turf lip shall be determined by specifications found in the ASA softball rule book. This shall be done ONLY FIRST YEAR of contract. as well. Scheduling of work shall be agreed upon within the contractor and City’s Project Manager. Sod shall be established along perimeter and infields shall be ready for play prior to the removal of the fencing. Item 10 - Downtown Library – 270 Forest Ave. Clean dumpster enclosure twice per month. Item 11 - Embarcadero Fire Station (Fire Station #3) – 799 Embarcadero Rd. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 62 Rev. March 29, 2018 Item 12 - Hanover Fire Station (Fire Station #2) – 2675 Hanover St. Includes blowing the parking lot area. Item 13 - Junior Museum – 1451 Middlefield Rd. Includes parking lot located between Middlefield and Hopkins. Item 14 – Lucie Stern Community Center – 1305 Middlefield Rd. Includes parking lot and landscaped medians Includes all parking lot area landscaping Includes all exterior landscaping Contractor shall mow small lawns in open courtyard, interior courtyard and exterior lawns. Includes landscaping around air conditioner building Includes interior courtyard/fire ring at the Boy Scout area Brick pathways must be kept weed-free and free of moss/mold by the means of pressure washing. Clean brick pathways and open courtyard once per week Includes stairway on west side of building, as well as stairway on north side of building near Boys Scouts building. Maintenance schedule must be adjusted to accommodate special events Keep all plant material off roof and off walls, unless otherwise specified by Field Service Inspectors. Includes yearly turf renovation of Kitchen Courtyard. Please refer to VIII Turf Maintenance, Section C for details. Seed variety shall be determined by Field Service Inspector/Project Manager. Three cubic yards of PRZ or approved equal shall be used for topdressing. Scheduling and material amounts shall be determined by Field Service Inspector/Project Manager. Item 15 - Rinconada Library and Rinconada Community Garden– 1213 Newell Rd. Blowers at this site may be restricted and shall be used only before the library is open. Trim vines away from building and roof. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 63 Rev. March 29, 2018 Clean patios weekly. Walkways must be cleaned three times a week. Rock area around library and connection road must always be kept clean and free of weeds. Plants around main entrance to Community Garden should be pruned and weeds removed regularly. Remove debris in parking lot and clean along fire lane. Keep bioretention basins free of debris Includes well site. Item 16 - Mitchell Community Center and Library – 3800 Middlefield Rd. Includes parking lot and medians Includes all patios Keep bioretention basins free of debris located on Middlefield side of building and in parking area. Walkways shall be blown/cleaned daily. Includes Green Roof and Green Wall Maintenance Contractor shall follow below safety guidelines and maintenance specifications for the four green roofs: General Green Roofs and Green Walls Safety Requirements *Body harnesses, hard hats, steel toed boots, eye protection (when using equipment), gloves, safety vest shall always be worn when working on the roofs. *Harnesses where appropriate shall always be used when working on the roofs. *Training shall be given to all employees working on the Green Roofs Green Walls per Cal Osha specifications. Training record shall be provided to City Project Manager upon request. *Harnesses shall be inspected per Cal Osha specifications. Inspection record of harnesses shall be provided to City Project Manager upon request. *Always maintain proper footing and awareness of surroundings. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 64 Rev. March 29, 2018 *Contractor shall be responsible for checking with all applicable regulatory agencies to make sure you are always complying while working on Green Roofs and Green Walls. *Contractor shall seed areas that haven’t taken with specific seed variety used during project to fill in areas, as needed starting in March through November. Seed originally purchased from Pacific Coast Seed. Weed Maintenance *Manual weed green roofs bi-weekly (twice per month). Take attention to eucalyptus volunteers. Removal of these volunteers at first site is crucial to avoid much larger future problems. *No pesticides or herbicides shall be used anywhere on green roofs. Item 17 - Mitchell Fire Station (Fire Station #4) – 3600 Middlefield Rd. Area includes driveway along church. Mow ivy once a year. Upon request of Field Service Inspector, an additional mowing of the ivy shall be completed. Item 18 - Municipal Service Center (MSC)– 3201 East Bayshore Rd. Boundary extends from the exterior of the north parking lot to the exterior of the south parking lot. Includes SCAADA building and parking lot on the south side of MSC Vines must be kept trimmed for visibility Parking lot maintenance must be performed on Fridays, Saturdays or Sundays when parking lot is least full. Maintenance shall be completed once per month. Areas includes parking lot and parking lot landscaping Area includes weed and litter control inside facility, along all edges, around gas stations, parking lots, and fence lines. All exterior fence lines must maintain a minimum 3-foot clearance; this includes area behind material bins on the east side of the facility. Oleanders in front of parking lot and suckers on poplar must be trimmed for visibility, keeping all vegetation 3’ or less in height. The sidewalk strip must be continually free of weeds. The area around the “A” building, including the warehouse exterior storage area must be cleaned and kept weed free. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 65 Rev. March 29, 2018 Item 19- Public Safety Building- 250 Sherman Avenue. Located between Birch Street and Park Boulevard on Sherman Avenue. Item 20 - Roth Building – Homer St. at Bryant St. Item 21 – Alma Tower Well Site – Alma St. at Hawthorne Ave. Includes sidewalk strips on Alma St. and on Hawthorne Ave. Trim vines on back of structure as directed by the Field Service Inspectors. Wash benches and informational signs once per month Item 22-Sterling Canal Service shall begin after 8:30am Keep pathways free of weeds Keep decomposed granite pathways level and free of potholes. Weed parkway area beginning at the Loma Verde entrance. The area should include fence to fence boundaries, until the end of the decomposed granite pathways. Prune vegetation 3x annually. Prune “no-mow” yearly, February. Hand pull weeds within “no-mow”. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 66 Rev. March 29, 2018 SECTION E UTILITY SUB-STATIONS and WELL SITES E. UTILITY SUB-STATIONS AND WELL SITES All substations need to be cleaned on a monthly basis inside and outside fenced areas as directed by City’s Field Service Inspectors and/or project manager. City’s Field Service Inspector shall remain onsite while cleanings take place for safety. Fence lines must be kept free of plant material. Includes all landscaping surrounding these sites. Surveillance cameras are present in utility sub- stations and possibly well sites. Hard hats shall be worn while servicing the interior. Interior access shall be provided by Field Service Inspectors to all substations and well sites. Item 1 - Adobe Creek Substation and Pump Station- PESTICIDE FREE– 1157 East Meadow Ave and 1198 East Meadow. Includes electric station on east side of street and the pump station on the west side of street. Does not include inside of fence line in electric sub-station. Does include inside of fence line on pump- station and exterior on an as requested basis by Field Service Inspectors. Item 2- Alma Street at Oregon Expressway Gas Pipeline Station #2 Includes interior and exterior Item 3 – Arastradero Rd. Fluoride Station – East of 724 Arastradero Rd. Item 4 - Colorado Substation – 1080 Colorado Ave. Area includes booster station across the street on the east side of W. Bayshore Rd. Does not include interior fence line of the electric substation. Item 5 - Gas Recovery Station 4 - Oak Rd. and Searsville Rd. (Stanford) Includes interior and exterior Item 6 - Geng Road Substation – Embarcadero Rd. at Geng Rd. Includes interior and exterior maintenance. Item 7 - Hale Well Site –PESTICIDE FREE- 999 Palo Alto Ave. No pesticides or herbicides applications shall be used. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 67 Rev. March 29, 2018 Maintain a 3-foot clearance along fence lines and reservoir. Item 8 - Hanover Substation – 3350 Hanover St. Does not include interior maintenance of the electric substation. Item 9 - Hansen Substation – 950 Hansen Way. Does not include interior maintenance of the electric substation Item 10 - Matadero Well Site – PESTICIDE FREE- 635 Matadero Ave. near Whitsell St. Includes maintenance of cement pad Keep plant material off building and fence lines clear to 3 feet Includes interior and exterior Item 11 - Maybell Substation – Near Thain Way and Maybell Ave. Only exterior of substation, does not include interior of electric substation. Item 12- Middlefield Sub Station- 1150 Middlefield Rd Pick up debris and keep weeded, 4x’s per year or as requested by Field Service Inspectors. Item 13 -Mitchell Substation – 3600 block of Middlefield Does not include interior maintenance of the electric substation Item 14 - Page Mill Substation – Page Mill Rd. at Old Page Mill Rd. *Please note poison oak and ticks in area. Item 15 - Park Blvd Substation – 3291 Park Blvd. Does not include interior maintenance of the electric substation Item 16 - PG&E Substation – West Bayshore Rd. south of Colorado Ave. Only maintenance of east and south side of exterior fence line. Item 17 - Quarry Electric Station – 281 Quarry Rd. (Stanford) DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 68 Rev. March 29, 2018 Does not include interior maintenance of the electric substation Item 18- San Francisquito (SF) Creek and Substation- PESTICIDE FREE- East Bayshore Rd. Contractor is responsible for maintaining plant material located in the parking area and west side of pump station located inside of the fence area along fence line. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 69 Rev. March 29, 2018 SECTION F TENNIS AND PICKLEBALL COURT CLEANING F. Tennis and Pickleball Court Cleaning Specifications for the services of Tennis Court Cleaning of City of Palo Alto and Palo Alto Unified School District (PAUSD) tennis courts. Locations Contractor shall clean 23 various courts at City parks, and 32 various courts at school facilities twice a month. The cleanings shall be done in accordance with posted schedule on each court. The work is to be performed at the locations listed below. The Contractor shall provide all cleaning equipment, materials and labor necessary to perform the required service. Contractors are highly encouraged to visit each individual property independently in addition to the mandatory Pre-Bid Site Tour. Scope of Work 1) During the months of March through November (9 months), the courts shall be water broomed to remove all debris. During the months of December through February (3 months), the courts shall be blown to remove all debris. Upon request of Field Service Inspector, an additional water brooming may be required. 2) Litter shall be picked up on each court every time a court is cleaned. Litter cannot be blown out of the court and onto adjacent paths and park areas. Litter must be picked up with a 3- foot perimeter of the courts. Litter is to include not only man-made objects, but also debris from plants. 3) Litter shall be removed per the site service level on tennis courts located within all Park sites (includes Hopkins tennis courts and Cubberley Community Center). 4) Field Service Inspectors and/or Project Manager may request additional cleanings. Park Courts Item 1 -- Peers Park, 1899 Park Blvd Courts: 2 Item 2 -- Rinconada Park, 777 Embarcadero Rd. and 1415 Hopkins Courts: 9 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 70 Rev. March 29, 2018 Item 3 -- Weisshaar Park, 2298 Dartmouth Courts: 2 Item 4 -- Hoover Park, 2855 Cowper Courts: 2 Item 5 -- Mitchell Park, 600 E. Meadow Courts: 6 tennis courts and 8 pickleball courts. Item 6 -- Terman Park, 655 Arastradero Rd Courts: 2 PAUSD and Community Center Courts Item 7 -- Palo Alto High School, 50 Embarcadero Courts: 7 Item 8 -- Gunn High School, 780 Arastradero Courts: 7 Item 9 -- JLS, 480 E. Meadow Courts: 6 Item 10 --Greene Middle School, 750 N. California Courts: 6 Item 11-- Cubberley Community Center, 4000 Middlefield Road Courts: 6 Park Courts 1st and 3rd Tuesday of each month- Rinconada, Hopkins, Peers, Weisshaar 1st and 3rd Wednesday of each month- Mitchell and Hoover. PAUSD and Community Center Courts 2nd and 4th Tuesday of each month – JLS, Greene, and Terman 2nd and 4th Wednesday of each month- Palo Alto High School and Gunn High School. 2nd and 4th Tuesday morning of each month – Cubberley Community Center DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 71 Rev. March 29, 2018 ATTACHMENT B – SCOPE OF SERVICES APPENDIX A – SITE MAPS • Section A Medians and Roadside Planter Strips • Section B- Parking lots and Parking Garages • Section C- Parks • Section D- City Facilities • Section E- Utility Substations and Well Sites • Section F- Tennis and Pickleball Court Cleaning DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 72 Rev. March 29, 2018 APPENDIX A - SECTION A - MEDIANS AND ROADSIDE PLANTER STRIPS • A1 - Alma Street East and Center Medians • A1-A - Alma St. West • A2 - Arastradero Road • A3 - Birch St. Medians • A4 - California Avenue • A5 - California Avenue Business District Tree Wells • A6 - N. California Avenue • A7 - East and West Charleston Road • A8 - Downtown Tree Wells • A9 - El Camino Real • A10 - Eleanor Park Area Cul de Sacs • A11 - Embarcadero Rd. Islands/Underpass • A12 -Evergreen Park Closures/Park Blvd. Medians • A13 -Forest Ave. • A14 - E. & W. Greenwich St. Cul de Sacs • A15- Kellogg at Middlefield • A16 - Lytton/Guinda • A17- Melville Island • A18 -Miranda Ave. • A19 - Oregon Expressway • A20 - Page Mill Rd. • A21 - Quarry Rd. • A22 - Roundabouts • A23 – San Antonio Rd. Medians/Planter Strips/Interchange/Right-of-way • A24 - University Ave • A25 - 101/West Bayshore Rd. Sound walls • A26 - West Meadow and East Meadow Medians • A27 – AMBLUR • A28- Rincon Circle Roundabout DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 73 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 74 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 75 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 76 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 77 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 78 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 79 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 80 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 81 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 82 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 83 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 84 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 85 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 86 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 87 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 88 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 89 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 90 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 91 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 92 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 93 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 94 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 95 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 96 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 97 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 98 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 99 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 100 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 101 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 102 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 103 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 104 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 105 Rev. March 29, 2018 APPENDIX A - SECTION B – PARKING LOTS AND PARKING GARAGES • B1- California Avenue Business District Lots and Garages • B2- University Avenue Business District Parking Lots and Garages • B3- Midtown Parking Lot DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 106 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 107 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 108 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 109 Rev. March 29, 2018 APPENDIX A - SECTION C – PARKS • C1 - Bol Park • C2 - Boulware Park • C3 - Bowden Park • C4 - Bowling Green • C5 - Briones Park • C6 - Cameron Park • C7 - Cogswell Plaza • C8 - El Palo Alto Park • C9 - Eleanor Park • C10 - Flood Basin • C11 - Hale Well Park Area • C12 - Heritage Park • C13 - Hoover Park • C14 - Johnson Park • C15 - Lytton Plaza • C16 - Mayfield Park/College Terrace Library • C17 - Mitchell Park • C18 - Monroe Park • C19 - Peers Park • C20 - Ramos Park • C21 - Rinconada Park • C22 - Robles Park • C23 - Sarah Wallis Park • C24 - Scott Park • C25 - Seale Park • C26 - Terman Park • C27 - Timothy Hopkins Creekside Parks • C28 - Ventura Community Center • C29 - Weisshaar Park • C30 - Werry Park • C31 - Greer Park DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 110 Rev. March 29, 2018 • DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 111 Rev. March 29, 2018 • DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 112 Rev. March 29, 2018 • DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 113 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 114 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 115 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 116 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 117 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 118 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 119 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 120 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 121 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 122 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 123 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 124 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 125 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 126 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 127 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 128 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 129 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 130 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 131 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 132 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 133 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 134 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 135 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 136 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 137 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 138 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 139 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 140 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 141 Rev. March 29, 2018 APPENDIX A - SECTION D – CITY FACILITIES • D1 - Alma Fire Station • D2 - Animal Shelter • D3 - Arastradero Fire Station • D4 - Art Center • D5 - Bike Paths • D6 - Children’s Library • D7- Children’s Theater • D8 - City Hall • D9- Cubberley Community Center and Playing Fields • D10 - Downtown Library • D11 - Embarcadero Fire Station • D12 - Hanover Fire Station • D13 - Junior Museum • D14 - Lucie Stern Community Center • D15 - Rinconada Library and Rinconada Community Garden • D16 - Mitchell Community Center and Library • D17 - Mitchell Fire Station • D18 - Municipal Service Center (MSC) • D19 - Public Safety Building • D20- Roth Building • D21 - Alma Tower Well Site • D22- Sterling Canal DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 142 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 143 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 144 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 145 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 146 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 147 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 148 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 149 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 150 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 151 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 152 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 153 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 154 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 155 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 156 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 157 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 158 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 159 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 160 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 161 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 162 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 163 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 164 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 165 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 166 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 167 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 168 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 169 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 170 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 171 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 172 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 173 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 174 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 175 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 176 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 177 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 178 Rev. March 29, 2018 APPENDIX A - SECTION E – UTILITY SUBSTATIONS AND WELL SITES • E1 - Adobe Creek Substation and Pump Station • E2 - Alma Street at 0regon Expressway Gas Pipeline Station #2 • E3 - Arastradero Rd. Fluoride Station • E4 - Colorado Sub-station • E5 - Gas Recovery Station 4 • E6 - Geng Road Substation • E7 - Hale Well Site • E8 - Hanover Substation • E9 - Hansen Substation • E10 - Matadero Well Site • E11- Maybell Substation • E12 - Middlefield Substation • E13 - Mitchell Substation • E14- Page Mill Substation • E15 - Park Blvd. Substation • E16 - PG&E Substation • E17 - Quarry Electric Station • E18 - San Francisquito (SF) Creek and Substation DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 179 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 180 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 181 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 182 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 183 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 184 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 185 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 186 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 187 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 188 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 189 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 190 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 191 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 192 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 193 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 194 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 195 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 196 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 197 Rev. March 29, 2018 APPENDIX A - SECTION F – TENNIS AND PICKLEBALL COURT CLEANING • F1- Peers Park • F2- Rinconada Park • F3- Weisshaar Park • F4- Hoover Park • F5- Mitchell Park • F6- Terman Park • F7- Palo Alto High School • F8- Gunn High School • F9- JLS • F10- Greene Middle School • F11- Cubberley Community Center DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 198 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 199 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 200 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 201 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 202 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 203 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 204 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 205 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 206 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 207 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 208 Rev. March 29, 2018 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 209 Rev. March 29, 2018 EXHIBIT B SCHEDULE OF PERFORMANCE SERVICE LEVELS-Service frequencies are listed below unless specified otherwise in Section A-F. I. WEEKDAY SERVICE- (Monday through Friday) The following sites require Monday through Friday service. City Facilities Mitchell Community Center and Library City Hall Cubberley Community Center (sports complex) Public Safety Building Parks Bol Park Boulware Park Bowden Park Briones Park Cameron Park Eleanor Pardee Park Heritage Park Hoover Park Johnson Park Lytton Plaza Mitchell Park Monroe Park Peers Park Ramos Park Rinconada Park Robles Park Scott Park Seale Park Ventura School grounds Werry Park Median, Roadside Strips, & Bioretention Basins University Ave. California Ave. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 210 Rev. March 29, 2018 II. MONDAY, WEDNESDAY, FRIDAY SERVICE The following sites require service on every Monday, Wednesday, and Friday: Parks Bowling Green Cogswell Park El Palo Alto Park Mayfield Park Sarah Wallis Park Weisshaar Park City Facilities Art Center Children’s Theatre Children’s Library Cubberley Community Center (campus) Downtown Library Junior Museum Lucie Stern Community Center Rinconada Library III. SEMI-WEEKLY SERVICE The following sites require service twice per week. Actual days to be determined by Field Service Inspectors and/or Project Manager. City Facilities Roth Building Parking Lots University Ave Business District California Ave Business District Cowper/Webster Ted Thompson Garage DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 211 Rev. March 29, 2018 Median, Roadside Strips, & Bioretention Basins Oregon Expressway Page Mill Islands San Antonio Rd. IV. WEEKLY SERVICE The following sites require service once per week. Actual day to be determined by the Field Service Inspectors and/or Project Manager. Parks Hale Well Park Sterling Canal Timothy Hopkins Creekside Parks Terman Park City Facilities Arastradero Fire Station Alma Fire Station Alma Tower Animal Shelter Embarcadero Fire Station Flood Basin Hanover Fire Station Mitchell Fire Station Municipal Service Center (MSC) Median, Roadside Strips, & Bioretention Basins Alma St Arastradero Islands Birch Medians Charleston Rd. El Camino Real Islands Embarcadero Islands/Underpass Forest Lawn Parkway E. & W. Greenwich Cul de Sacs University Islands/Underpass Utility Sub-Stations & Well-Sites Colorado Substation DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 212 Rev. March 29, 2018 V. Semi-Monthly The following sites require service once per week. Actual maintenance day is stated below. Tennis and Pickleball Court Maintenance Park Courts 1st and 3rd Tuesday of each month- Rinconada, Hopkins, Peers, Weisshaar 1st and 3rd Wednesday of each month- Mitchell and Hoover. PAUSD and Community Center Courts 2nd and 4th Tuesday of each month – JLS, Greene, and Terman 2nd and 4th Wednesday of each month- Palo Alto High School and Gunn High School. 2nd and 4th Tuesday morning of each month – Cubberely Community Center VI. MONTHLY The following sites require service once per month. City Facilities Bike Paths Parking Lots Midtown Parking Lots Median, Roadside Strips, & Bioretention Basins Alma St. West @ El Carmelo AMBLUR Arcadia Pl. Caltrans Underpass California Avenue Business District Tree Wells N. California Ave (across from Jordan Middle School) Arastradero Rd DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 213 Rev. March 29, 2018 Charleston-Arastradero Corridor Medians, Roadside Strips, and Bioretention Basins Downtown Tree Wells Evergreen Park Closures/Park Blvd. Medians Roundabouts Miranda Islands 101 Sound walls (north and south) Bryant/Addison Circle Lytton/Guinda Circle Eleanor Park Area Cul de Sacs Island Drive Melville Island Utility Sub-Stations & Well-Sites Adobe Creek Substation and Pump Station Alma Electric Substation Alma Gas Pipeline Station #2 Arastradero Rd. Fluoride Station Gas Recovery Station 4 Geng Rd. Substation Hale Well Site Hanover Substation Hansen Substation Matadero Substation Middlefield Substation Maybell Substation Mitchell Substation Page Mill Substation PG&E Substation Quarry Substation SCAADA Substation San Francisquito (SF) Creek and Substation VII. Weekend Service (Saturdays and Sundays) Note: The contractor must provide all General Maintenance Clean-up and Playground and Playground Equipment Maintenance at the sites listed below on every Saturday and Sunday for each year of the contract. Parks Bol Park Boulware Park DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 214 Rev. March 29, 2018 Bowden Park Briones Park Cameron Park City Hall Cogswell Park Eleanor Pardee Park Heritage Park Hoover Park Johnson Park Lytton Plaza Mitchell Park (includes Magical Bridge Playground) Monroe Park Peers Park Ramos Park Rinconada Park Robles Park Scott Park Seale Park Ventura School grounds Werry Park Greer Park VIII. SITES THAT REQUIRE HOLIDAY SERVICE Bol Park Boulware Park Bowden Park Briones Park Cameron Park City Hall Cogswell Park Eleanor Pardee Park Heritage Park Hoover Park Johnson Park Lytton Plaza Mitchell Park (includes Magical Bridge Playground) Monroe Park Peers Park Ramos Park Rinconada Park Robles Park Scott Park Seale Park Ventura School grounds DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 215 Rev. March 29, 2018 Werry Park Greer Park DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 216 Rev. March 29, 2018 Note: The contractor must provide all General Maintenance Clean-up and Playground and Playground Equipment Maintenance at the above sites on these following holidays and specific holiday weekend days: Memorial Day Weekend (Sunday and Monday) Fourth of July Weekend as follows: Tuesday July 4, 2023 Thursday July 4, 2024 Friday July 4, 2025 Saturday July 4, 2026 and Sunday, July 5, 2026 Sunday July 4, 2027 and July 5, 2027 Labor Day Weekend (Sunday and Monday) DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 217 Rev. March 29, 2018 EXHIBIT C SCHEDULE OF FEES CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. The contracts yearly total for each section A, B, C, D, E, and F shall be divided by 12 months for a monthly billing cycle. Please see chart below for monthly totals. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 218 Rev. March 29, 2018 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY -EACH PERSON -EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I.INSURANCE COVERAGE MUST INCLUDE: A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II.CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 219 Rev. March 29, 2018 OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B.CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C.NOTICE OF CANCELLATION 1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 220 Rev. March 29, 2018 EXHIBIT E BONDS CONTRACTOR’S PERFORMANCE SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”) have entered into an agreement dated , and identified as , which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement. NOW, THEREFORE, Principal and , as Surety, incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above- mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. / / / / / / DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 221 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on , 20 . Phone Number: Name of Surety Signature of Surety By: Its: Typed or Printed Name Title Name of Contractor/Principal Signature of Contractor/Principal By: Its: Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 222 Rev. March 29, 2018 CONTRACTOR’S PAYMENT (LABOR AND MATERIALS) SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”), have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, Principal and , as Surety, incorporated under the laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court. It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond. The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 223 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on , 20 . Phone Number: ___________________ Name of Surety Signature of Surety By: Its: _________________________________ Typed or Printed Name Title Name of Contractor/Principal Signature of Contractor/Principal By: Its: _________________________________ Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 224 Rev. March 29, 2018 EXHIBIT F LIQUIDATED DAMAGES It is mutually agreed by CONTRACTOR and CITY that if completion of the Services to be provided by CONTRACTOR under this Agreement is delayed beyond the time specified in the Schedule of Performance, plus any authorized extensions of time, CITY will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. Accordingly, CITY and CONTRACTOR, agree, as a method to fix the damages and not as a penalty, that in the event of any such failure to perform, the amount of damage which shall be sustained by CITY will be the sum of Five Hundred Dollars ($500) for each and every calendar day during which the Services remain uncompleted beyond the time specified for completion, plus any authorized extension of time. Should CONTRACTOR fail to pay the liquidated damages to CITY, CONTRACTOR agrees that CITY may deduct and withhold the amount of the unpaid damages from any amounts due or that may become due to CONTRACTOR under this Agreement. BY PLACING THEIR INITIALS BELOW, CITY AND CONTRACTOR ACKNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES. _____________ _____________ CITY CONTRACTOR DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 225 Rev. March 29, 2018 APPENDIX A: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS The provisions of this this Appendix are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims related to the Services performed under this Agreement. 1.Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A)A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City. (B)Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C)Payment of an amount that is disputed by the City. 2.Claim Process. (A)Timing. Any Claim must be submitted to City in compliance with the requirements of this Appendix no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived. (B)Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Appendix, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C)Review. Upon receipt of a Claim in compliance with this Appendix, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D)If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 226 Rev. March 29, 2018 return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (E)Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply. 3.Disputed Claims (A)Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Appendix within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (B)Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws. (i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. 4.City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Appendix or to otherwise meet the time requirements of this Appendix shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Appendix, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 227 Rev. March 29, 2018 5.Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum. 6.Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. 7.Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C City of Palo Alto General Services Agreement 1 Rev. March 29, 2018 CITY OF PALO ALTO CONTRACT NO. C24186909B GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 11th day of September 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and GACHINA LANDSCAPE MANAGEMENT, INC., a California corporation, located at 1130 O’Brien Drive, Menlo Park, CA 94025, Telephone Number: 650-853-0400. Department of Industrial Relations (DIR) Registration No. 1000018085. (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall cont ain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “A-1” – On-Call Task Order (Optional) “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements “E” - Performance and/or Payment Bond “F” - Liquidated Damages CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 2 Rev. March 29, 2018 3. TERM. The term of this Agreement is from October 1, 2023 to September 30, 2028 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Four Hundred Sixty-Nine Thousand Seven Hundred Sixty-Four dollars ($469,764). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Forty-Six Thousand Nine Hundred Seventy-Six dollars ($46,976) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. The total compensation for performance of Services, Additional Services, and any reimbursable expenses specified in Exhibit C, shall not exceed Five Hundred DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 3 Rev. March 29, 2018 Sixteen Thousand Seven Hundred Forty dollars ($516,740), as detailed in Exhibit C. 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix A Claims for Public Contract Code Section 9204 Public Works Projects”. This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix A, attached hereto and incorporated herein. OR This project is not a 9204 Public Works Project . 8. INVOICING. Send all invoices to CITY, Attention: City of Palo Alto, CDS/Parks, 3201 East Bayshore Boulevard, Palo Alto, CA 94303. Telephone: 650-496-6962. Email: Javod.Ghods@CityofPaloAlto.org. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 4 Rev. March 29, 2018 subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders . G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 5 Rev. March 29, 2018 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager . L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 6 Rev. March 29, 2018 M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provi sions of this Section survive the completion of the Services or termination of this Agreement. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 7 Rev. March 29, 2018 P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 8 Rev. March 29, 2018 of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:  All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post - consumer material and printed with vegetable based inks.  Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.  Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 9 Rev. March 29, 2018 from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 10 Rev. March 29, 2018 registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 201 03.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.” CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 11 Rev. March 29, 2018 BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 12 Rev. March 29, 2018 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO GACHINA LANDSCAPE MANAGEMENT, INC. _________________________ By________________________________ City Manager or Designee Name _____________________________ Title_______________________________ _________________________ Telephone: _________________________ Purchasing Manager or Designee Approved as to form: By________________________________ _____________________________ Name _____________________________ City Attorney or Designee Title_______________________________ Telephone: _________________________ DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 President and CEO 6508530400 hjigachina@gachina.com 510-996-2583 Sharon Chao Director Finance City of Palo Alto General Services Agreement 13 Rev. March 29, 2018 EXHIBIT A SCOPE OF SERVICES LANDSCAPE MAINTENANCE PROJECT Contractor shall perform the services as detailed in this Exhibit A. SECTION G Regional Water Quality Control Plant and Household Hazardous Waste Station Landscape Maintenance Scope of Services (Service to begin October 1, 2023) Location: City of Palo Alto Regional Water Quality Control Plant (RWQCP) and Household Hazardous Waste Station (HHWS) 2501 Embarcadero Way, Palo Alto, CA 94303 Site contact: Julie Weiss Public Works Public Works–Watershed Protection Watershed Protection Program Manager 650.329.2117 julie.weiss@cityofpaloalto.org DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 14 Rev. March 29, 2018 Item 1–Basic Services A. Background The Regional Water Quality Control Plant (RWQCP or “Plant”) Landscaping was constructed in 2015. The eight acres of landscaping screens the 25-acre RWQCP from the Palo Alto Baylands. Professional landscaping is also maintained at the RWQCP campus entrance and at the Household Hazardous Waste Station (HHWS) which is immediately adjacent to the RWQCP entrance. There are four project areas for this location. See attachment L1.0 for project area boundaries. 1. The Regional Water Quality Control Plant interior campus landscaping located at 2501 Embarcadero Way (70,000 sf). 2. The Household Hazardous Waste Station located immediately adjacent to the entrance of the RWQCP (11,000 sf); 3. The RWQCP exterior property which begins at the corner of Embarcadero Way and Embarcadero Road. The property wraps southeast around the corner of Embarcadero Road at the Palo Alto Baylands and continues to the end across from Byxbee Park (279,000 sf). Note: Attachment L1.2 –shows mature tree stands on the exterior property (67,000 sf) which do not require maintenance. 4. The San Antonio Pump Station which is a satellite location that requires weed maintenance (Attachment L1.3). B. Site Contacts and Communication The City of Palo Alto Parks Supervisor will administer the landscape main tenance contract. The RWQCP Watershed Protection Program Manager (“Program Manager”) will be the site contact for the three RWQCP and HHWS locations. The contractor will meet with the Program Manager monthly to review the checklist, prioritize work tasks and discuss site needs. C. Workplan and Checklist The contractor will draft a workplan and a monthly checklist of tasks that are to be completed for the four locations to ensure that weekly, monthly and annual tasks are scheduled, tracked, and completed. The draft workplan and checklist will be provided to the Program Manager before the start of each contract year for review and approval. D. Days and Hours of Service Maintenance demands for other City locations may not preclude hours of service or quality of service levels for the RWQCP and HHWS sites. Unless otherwise negotiated with the Project Manager, the contractor must provide onsite service a minimum of 32 hours per week with DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 service on Monday, Tuesdays, Wednesdays and Thursdays. Substitutions for this schedule due to lower service needs during the winter must be approved by the Program Manager. Weekend service dates are only available for the exterior project area. Friday service hours are restricted after noon. E. Weed Management 1. Weed management expectations Weeds are defined as plants not deliberately planted or included in the City’s plant palette for this location. Weed threshold for the exterior and interior sites is 10%. Weed removal should be performed during each regular site visit. All portions of weeds for all locations must be bagged and removed from site and not discarded on premises in order to deter weed establishment and reduce seed bank. Flowering weeds must be removed before seeds are present and before higher than 18”. In addition: i. Sheet mulching, mowing, steaming or other mechanical removal are acceptable for weed removal. Burning or propane torch are only acceptable for weeds in hardscaped areas. ii. Herbicides may be used only with Project Manager approval unless otherwise stated in this scope of services. All pesticides must be approved in advance by the Program Manager. iii. All seasonal weed services must be coordinated with the Program Manager in advance to not impair RWQCP operations or construction activity. iv. If chemical use is required because of contractor inattention to non-chemical weed management, the chemical application will be provided at no cost to the City and Project Manager pre-approval. 2. Weed management locations and service levels: i. RWQCP exterior, RWQCP interior and HHWS landscaped areas: Weed management for landscaping in these areas is an ongoing task except for the Redwood Grove and Employee Garden as specified below. The weed threshold 10%. See attachment L1.0 for locations.  Redwood Grove: The redwood grove requires weed knockback four times annually in January, April, July, October unless otherwise approved by the Program Manager  The RWQCP Employee Garden requires hand removal of weeds in DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 16 Rev. March 29, 2018 January, April, July, October unless otherwise approved by the Program Manager. Program Manager to be notified in advance so that employees maintaining a garden can be notified and to avoid accidental removal of plants that should stay in place. ii. Building, fence perimeters, fire hydrants (Attachment L1.4), and valve boxes will have weeds knocked back in January, April, July, October unless otherwise approved by the Program Manager. Contractor will apply City mulch as needed to suppress weeds between scheduled knockbacks. iii. Administration building rear parking lot : The parking lot behind the Administration Building will have weeds knocked back four times annually in January, April, July, October. See Attachment L1.0. iv. San Antonio Pump Station: The San Antonio Pump Station near the corner of East Bayshore Road and San Antonio Road will have weeds knocked back twice annually March and November. Contractor may apply City mulch to suppress weeds in interim between scheduled knockbacks. See Attachment L1.4). Contractor must schedule service for this locked facility in advance with Project Manager. v. Biofilters will be treated twice annually in January and June with pre-and post-emergent and weed knock back each time unless otherwise recommended by contractor and approved by Project Mana ger. Contractor shall schedule herbicide application date for biofilters one month in advance with Project Manager. The three biofilters are the only sites requiring herbicide use as part of regular maintenance. Approved pre- and post-emergents include: DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 17 Rev. March 29, 2018 Chipco Ronstar 50 WSP Herbicide Pre-emergent Dimension Ultra 40WP Pre-emergent (Dithiopyr) Lontrel T & O (2011 Formulation) Post-emergent (Clopyralid, Monoethanolamine Salt) Prosecutor Pro (Lesco) Post-emergent (Glyphosate, isopropylamine) Quicksilver T & O Herbicide Post-emergent (Carfentrazone- ethyl) Revolver Herbicide Post-emergent (Formamsulfuron) Roundup Pro Herbicide Post-emergent (Glyphosate) Roundup ProMax Herbicide Post-emergent (Glyphosate) Sapphire Post-emergent (Penoxsulam) Barricade 65WG Pre-emergent (Prodiamine) Gallery 75 Dry Flowable Pre-emergent (Isoxaben) Esplanade 200 SC Pre-emergent (Indaziflam) F. Pest Management Pest management needs will be subject to the Integrated Pest Management Requirements listed in Exhibit A Section 7 and in the Weed Management Section E listed above. G. Fertilizer Application No supplemental fertilizing is necessary for established plant material. H. Mulching The City can provide shredded tree trimmings which can be used as mulch. Mulch areas ar e to be topped once a year unless otherwise specified to maintain a three to six inches layer around shrub, ground cover and tree planting areas. A two -inch layer of mulch is allowed under newly planted groundcover. Groundcover should be allowed to grow over the mulch. The contractor must maintain six inches from mulch to tree trunks and shrubs. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 18 Rev. March 29, 2018 I. Debris and Trash Debris and trash should be removed from planter areas immediately during every service day. Landscape trimmings will be swept and composted immediately each service day. J. Mechanical Edging All planting edges including, but not limited to, sidewalks, patios, drives, curbs, shrub beds, flowerbeds, ground cover beds and native grasses shall be edged to a uniform line, with constant clearance maintained at public use pathway edges. Turf lawn edges will be edged to a uniform line each time turf is mowed. Chemical edging is not allowed. K. Wildlife Protection Contractor must take care to not harm existing wildlife areas and specifically the activities related to the gray fox. Gray fox dens and fox paths exist within the facilities grounds and require special attention given that gray fox sightings are common. Prior to service, contractor staff and supervisors must receive basic gray fox informational training, provided by RWQCP staff. L. Hardscape and Site Amenities 1. Decomposed Granite Fines Paths Decomposed granite paths will be maintained with an even surface adding material as needed to keep path even. Patch accordingly with decomposed granite fines and stabilizer per manufacturer’s recommendations. Service will be provided annually unless otherwise agreed upon. 2. Sweeping and litter collection Sweeping up leaves from walkways, the parking lot and around recycling containers shall occur a minimum of weekly. Any trimming or clippings from mowing, pruning or other activity shall be swept and removed that same day. 3. Tables (5) Inside the RWQCP campus shall be completely wiped down and table surfaces shall be spray cleaned with soapy water weekly to remove spider webs, dirt, and grease. 4. Interpretative signage (up to three) On the RWQCP campus and exterior (one) shall be wiped and spray cleaned with soapy water weekly. 5. Arbors DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 19 Rev. March 29, 2018 Vegetation on arbors shall be trimmed quarterly to ensure that public art installations are visible. Ensure that arbors are clean and clear of debris. City shall be notified if damage is present. 6. Seatwalls. City shall be notified if damage is present or if painting is needed. 7. Manhole walkway art Care should be taken to ensure that manhole and supporting structural framing are clean and clear of debris. City shall be notified if damage is present. M. Shrubs, groundcovers and vines 1. Pruning frequency: RWQCP and HHWS shall be pruned at least four (4) times per year or more as needed dependent upon the growth patterns of the plant species and location in question. General pruning seasons shall be established with project manager as part of the workplan and monthly checklist to be provided to Project Manager as discussed in Section C. 2. Contractor shall prune all plants on a site within a two (2) week period or as authorized by the City. Contractor shall not exceed one (1) month to complete all pruning operations once started. 3. All dead shrubs shall be removed, the planting location flagged and inventoried for replacement. Notify City prior to removal. 4. Hand prune along path and walkway edges as necessary to eliminate road or pathway encroachment. 5. Hand prune hedges and shrubs to keep curbs and walkways clear. 6. No pruning shoots on tops of the plant. 7. When cutting out a stem, cut to a side branch that is about one-third the diameter of the stem being removed. 8. Pruning cuts shall be smooth and leave no stubs. Ragged or chewed appearance is not acceptable. 9. Remove all dead, diseased-and unsightly branches from shrubs. Remove all vines or other growth as it develops within the shrubs/hedge. Any runners that start to climb buildings, shrubs or trees shall be pruned out of these areas. 10. Ground cover shall be kept free of weeds, litter, debris and leaves. Ground cover DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 20 Rev. March 29, 2018 shall not exceed three inches (3”) beyond the inside edge of the curb or bord er. Hand pruning only. Pruning groundcover plants should only be done to remove dead branches. No shearing. 11. Mechanical shearers are not to be used when pruning plants. N. Strap Leaf Shrubs No pruning. Plants to be physically divided when clump has become too large. O. Ornamental Grasses Twice annual hedging as needed to replenish growth. Plants to be maintained on every site visit and dead plant material removed by hand. P. Rosa species Dead head flowers and reduce size of bush, removing all dead branches quarterly. Plants to be hand trimmed above the 5 and 3 leaf sprouts. No stubs acceptable as they deter plant growth. Q. Perennials Perennials must be cut back in late fall. Most perennials should be cut completely to the ground once the plant has exhausted all or most life signs. Contractor must make distinction to crews between perennials and shrubs. Deadhead perennial blooms in spring, summer, and fall months to stimulate additional growth and flowers. Remove dead leaves from under part of plant by pulling them off by hand. Remove spent flower stocks by pulling them upward by hand. R. Turf 1. Turf located inside the RWQCP should be mowed to a 4-6” height. Turf shall have the appearance of being healthy and green during the entire term of the contract. 2. Weeds such as Bermuda grass will be removed from turf weekly to avoid weed infestations. 3. Thatch removal shall be performed annually. All grass clippings shall be collected and removed from the site on the same day the area is mowed and edged and removed for composting. 4. Mowing operations shall be performed to ensure a smooth surface appearance throughout the year, without scalping or allowing excessive cuttings to remain. Precautions shall be taken to prevent rutting, damage to trees, shrubs and sprinklers. 5. Walkways and gutters, etc. shall be cleaned immediately following each mowing/edging. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 21 Rev. March 29, 2018 6. Aeration of all turf areas shall be done by using a device that removes cores to a depth of 3” to 4” (spring and fall). 7. All cores shall be removed from the turf and composted of off -site or thoroughly pulverized within twenty-four (24) hours after aerating. 8. Flag/mark irrigation system heads, valve boxes, and quick couplers. Contractor is responsible for repairing any damaged caused by aerification equipment, this would include but not limited to irrigation heads, valve boxes and quick couplers. S. Exterior Native Grasses The exterior project site includes large areas of native grasses. Native grasses shall appear healthy during the entire term of the contract. Native grasses shall be maintained as necessary to be a competitive stand of growth in all areas where established. Native grasses shall be mowed annually only after a majority of the grasses ha ve developed full viable seed heads. The time period for mowing to occur given a normal year of precipitation is generally from May 15th to July 15th. Upon approval by the City the Contractor shall mow all areas within 10 working days after receiving notif ication from the City. All areas should be mowed to a height between 6 (six) to 8 (eight) inches. One month prior to mowing in areas outside the RWQCP fence line (reference drawings L1.0) contractor must coordinate with RWQCP staff to confirm site features area protected. Mowing operations shall be performed to ensure a smooth surface without scalping. Precautions shall be taken to prevent rutting, damage to trees, shrubs, and sprinklers. All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened. All debris including but not limited to trash, stones, and limbs shall be removed prior to mowing. Walkways, drainage inlets and channels, planters, etc. shall be cleaned immediately following each mowing/edging. All grass clippings shall be collected and removed from these areas but retained in those areas where native grasses are to naturalize. T. Plant flagging and replacement 1. Exterior project site: The contractor shall flag, inventory and replace plants exterior project area twice annually. 2. RWQCP Campus and HHWS: The RWQCP and HHWS shall have expired plants replaced monthly. The contractor will supply the list and quantity of replacement plants needed to the Project Manager for approval prior to purchase. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 22 Rev. March 29, 2018 U. Exclusions 1. Irrigation City of Palo Alto Parks Department is responsible for all irrigation maintenance, repair installation and replacement except for minor irrigation tasks associated with the RWQCP Employee Garden and Redwood Grove (primarily related to Netafim placement). However, contractor shall notify Parks Supervisor and Project Manager if there are any signs of irrigation breaks or damage, uneven or overwatering on the same day damage is observed, track repair status and report to the Project Manager and Park Supervisor if repairs have not been made after five days of notification to the Parks Supervisor. Supplemental manual watering shall be done by contractor as requested by City. All manual irrigation will be done Monday through Friday from 7a.m. to 4p.m. 2. Tree Maintenance Tree maintenance will be performed by the City of Palo Alto. However, any observed tree damage or health concerns should be reported to the Parks Supervisor and Project Manager within five business days after damage is observed.. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 23 Rev. March 29, 2018 L1.0 RWQCP and HHWS Landscaping Project Areas Area comprises nine acres for RWQCP facility, HHW Station, and San Antonio pump station not shown on this map. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 24 Rev. March 29, 2018 L1.2 Mature Tree Stands on RWQCP Property Which Do Not Require Maintenance DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 25 Rev. March 29, 2018 L1.3 San Antonio Pump Station DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 26 Rev. March 29, 2018 L1.4 Fire Hydrant Locations for Weed Knock Back DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 27 Rev. March 29, 2018 EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the following schedule: Days and Hours of Service Maintenance demands for other City locations may not preclude hours of service or quality of service levels for the RWQCP and HHWS sites. Unless otherwise negotiated with the Project Manager, the contractor must provide onsite service a minimum of 32 hours per week with service on Monday, Tuesdays, Wednesdays and Thursdays. Substitutions for this schedule due to lower service needs during the winter must be approved by the Program Manager. Weekend service dates are only available for the exterior project area. Friday service hours are restricted after noon. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 28 Rev. March 29, 2018 EXHIBIT C SCHEDULE OF FEES CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. The contracts yearly total for section G, Regional Water Quality Control Plant shall be divided by 12 months for a monthly billing cycle. Please see chart below for monthly totals. DETAILED RATE SCHEDULE DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 29 Rev. March 29, 2018 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 30 Rev. March 29, 2018 OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY RE ASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 31 Rev. March 29, 2018 EXHIBIT E BONDS CONTRACTOR’S PERFORMANCE SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”) have entered into an agreement dated , and identified as , which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement. NOW, THEREFORE, Principal and , as Surety, incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above - mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of thi s bond and has all rights of a party hereto. / / / / / / DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 32 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on , 20 . Phone Number: Name of Surety Signature of Surety By: Its: Typed or Printed Name Title Name of Contractor/Principal Signature of Contractor/Principal By: Its: Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 33 Rev. March 29, 2018 CONTRACTOR’S PAYMENT (LABOR AND MATERIALS) SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”), have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, Principal and , as Surety, incorporated under the laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court. It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond. The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agre ement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 34 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on , 20 . Phone Number: ___________________ Name of Surety Signature of Surety By: Its: _________________________________ Typed or Printed Name Title Name of Contractor/Principal Signature of Contractor/Principal By: Its: _________________________________ Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 35 Rev. March 29, 2018 EXHIBIT F LIQUIDATED DAMAGES It is mutually agreed by CONTRACTOR and CITY that if completion of the Services to be provided by CONTRACTOR under this Agreement is delayed beyond the time specified in the Schedule of Performance, plus any authorized extensions of time, CITY will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. Accordingly, CITY and CONTRACTOR, agree, as a method to fix the damages and not as a penalty, that in the event of any such failure to perform, the amount of damage which shall be sustained by CITY will be the sum of Five Hundred Dollars ($500) for each and every calendar day during which the Services remain uncompleted beyond the time specified for completion, plus any authorized extension of time. Should CONTRACTOR fail to pay the liquidated damages to CITY, CONTRACTOR agrees that CITY may deduct and withhold the amount of the unpaid damages from any amounts due or that may become due to CONTRACTOR under this Agreement. BY PLACING THEIR INITIALS BELOW, CITY AND CONTRACTOR ACKNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES. _____________ _____________ CITY CONTRACTOR DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 36 Rev. March 29, 2018 APPENDIX A: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS The provisions of this this Appendix are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims related to the Services performed under this Agreement. 1. Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City. (B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. 2. Claim Process. (A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Appendix no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived. (B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Appendix, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Review. Upon receipt of a Claim in compliance with this Appendix, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 37 Rev. March 29, 2018 return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply. 3. Disputed Claims (A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Appendix within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws. (i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. 4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Appendix or to otherwise meet the time requirements of this Appendix shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Appendix, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 38 Rev. March 29, 2018 5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum. 6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. 7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 City of Palo Alto General Services Agreement 1 Rev. March 29, 2018 CITY OF PALO ALTO CONTRACT NO. C24186909C GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 11th day of September 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and GRASSROOTS ECOLOGY, a non- profit organization, located at 3921 East Bayshore Road, Palo Alto, CA 94303, Telephone Number: 650-419- 9880 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A -1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “A-1” – On-Call Task Order (Optional) “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements “E” - Performance and/or Payment Bond “F” - Liquidated Damages CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from October 1, 2023 to September 30, 2028 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 2 Rev. March 29, 2018 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not- to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Four Hundred Eighty-One Thousand Three Hundred Twenty-Six dollars ($481,326). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Forty-Eight Thousand One Hundred Thirty-Two dollars ($48,132) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be ba sed on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. The total compensation for performance of Services, Additional Services, and any reimbursable expenses specified in Exhibit C, shall not exceed Five Hundred Twenty-Nine Thousand Four Hundred Fifty-Eight Dollars ($529,458), as detailed in Exhibit C. 6. COMPENSATION DURING ADDITIONAL TERMS. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 3 Rev. March 29, 2018 CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind . Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix A Claims for Public Contract Code Section 9204 Public Works Projects”. This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix A, attached hereto and incorporated herein. OR This project is not a 9204 Public Works Project. 8. INVOICING. Send all invoices to CITY, Attention: City of Palo Alto, CSD/Parks, 3201 East Bayshore Road, Palo Alto, CA 94303. Telephone: 650-496-6962. Email: Javod.Ghods@CityofPaloAlto.org. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement o f Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 4 Rev. March 29, 2018 A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders . G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 5 Rev. March 29, 2018 H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirement s of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 6 Rev. March 29, 2018 N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement namin g the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk M anager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 7 Rev. March 29, 2018 violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicabl e, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediate ly discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 8 Rev. March 29, 2018 V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of t his Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:  All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post- consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks.  Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A cop y of this policy is on file at the Purchasing Division’s office.  Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 9 Rev. March 29, 2018 This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code except for work exempted by Section 1720.4 of the California Labor Code relating to volunteers. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Busine ss and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.” DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 10 Rev. March 29, 2018 CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10 -day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to C ONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 11 Rev. March 29, 2018 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO GRASSROOTS ECOLOGY _________________________ By________________________________ City Manager or Designee Name _____________________________ Title_______________________________ _________________________ Telephone: _________________________ Purchasing Manager or Designee Approved as to form: By:________________________________ Name _____________________________ _____________________________ Title_______________________________ City Attorney or Designee Telephone: _________________________ DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 650-823-7174 Alex Von Feldt, Co-Executive Director Co-Executive Director Business Director Fran Callan, Business Director 650-419-9880 City of Palo Alto General Services Agreement 12 Rev. March 29, 2018 EXHIBIT A SCOPE OF SERVICES Contractor shall perform the services described in this Exhibit A, which includes Section H (relating to Foothills Nature Preserve) and Section I (relating to Adobe Creek Bridge). Section H Specification for Habitat Restoration in Foothills Nature Preserve Description: Foothills Nature Preserve is a nature preserve in the hills of the City of Palo Alto, California. It is comprised of 1,408 acres of oak woodland, chaparral, grassland, and riparian habitats. There are several picnic areas, a man-made lake with dam, an interpretive center, a maintenance yard, a seasonal fire station, a small campground used seasonally, 15 miles of trails plus 6 miles of fire roads, and 16 acres of irrigated turf. The rest of the park is left in a natural state. Management of Foothills Nature Preserve is under the Open Space, Parks and Golf Division, Community Services Department. See Maps below. Scope of Services 1) Perform removal and control of non-native, invasive weeds. This plan shall include: a) Visibly reduce population of target species within the designated work zones (Vista Hill, Wild Horse Valley, Las Trampas Valley, Los Trancos Trail, and along roadsides and select fire roads). Target Species include: (1) Yellow Star Thistle (Centaurea solstitialis) (2) Italian thistle (Carduus pycnocephalus) (3) Poison Hemlock (Conium maculatum) (4) French Broom (Genista monspessulana) (5) Stinkwort (Dittrichia graveolens) (6) Fuller’s teasel (Dipsacus sativus) 2) Enhance 7.7 acre parcel a) Remove target weed species from area with a focus on the creek and drainages b) Install willow cuttings in Buckeye Creek to improve creek flow and sediment management 3) Enhance and maintain the native plants at the Interpretive Center a) Maintain native species around the parking areas b) Add additional interpretive signage as desired 4) Expand and maintain the lawn replacement project in Las Trampas Valley a) Remove weeds b) Sheet mulch to expand the area and prepare for planting in the winter DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 13 Rev. March 29, 2018 c) Spread locally collected seeds in the early spring d) Install and maintain native species 5) Mobilize volunteers for projects and programs a) Be the primary organizer of volunteers and volunteer projects b) Provide volunteer opportunities for the general public and community groups c) Host Youth Stewards to engage local students d) Target 750-1,000 volunteer hours served 6) Provide feedback to the City on any impacts from increased park use, including: a) Effects on rare species along trails, primarily Dirca occidentalis b) Anecdotal observations on impacts to animals or plants c) Any increase of high priority invasive species along trails d) Attend monthly Foothills Nature Preserve task force meetings 7) Assist preserve staff with mitigation and recovery efforts in the event of a wildland fire within the boundaries of Foothills Nature Preserve. a) Monitor burn area for encroachment of non-native / invasive species of plants. b) Remove non-native / invasive species of plants if found in burn area. c) Document and report findings. d) Supervising Ranger will supply any needed training or personal protective equipment. 8) Assist preserve staff with biological surveys of work projects within the preserve. a) At the request of the Supervising Ranger, survey areas of proposed new work for any sensitive or rare plant species. b) If found within the work area, flag findings, and send a photo and email to the Supervising Ranger. 9) Additional objectives as mutually agreed upon may be added to this scope or may substitute for one or more of these objectives after an initial joint survey at the start of the term of the agreement. The CONTRACTOR may, under the direction of the CITY:  Provide and staff educational programs to educate the public about the Preserve and its amenities.  Conduct ecological research in order to monitor the resources and the impacts of visitor use on the Preserve.  Organize fundraising efforts for Preserve projects and programs.  Perform other services related to the preservation, protection, and enhancement of the Preserve, as approved, in writing, by the CITY. The CONTRACTOR shall: DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 14 Rev. March 29, 2018  Provide tools, equipment, and materials for all projects.  Use mechanical or hand removal only. Chemical means of control is not permitted.  Have access to the Preserve during normal business hours of the Preserve. Special events may occur outside of normal business hours with the prior written permission of the CITY. The CITY will:  Provide overall management of the Preserve.  Review all activities proposed for the Preserve. All activities of the CONTRACTOR must be p re- approved by the CITY.  Be responsible for maintenance of all utility facilities within the Preserve, including those that do not benefit the Preserve directly.  Be responsible for maintenance of all roads within the Preserve, signage, tree trimming and tree removal, fire management, law enforcement, and lake management. The CITY may:  Provide services using heavy equipment such as mowing by tractor or earth moving.  Loan some tools and equipment for projects if available. Work Plan and Evaluation The CONTRACTOR shall submit to the CITY each year a written annual work plan of activities to be carried out at the Preserve during each fiscal year (July 1 through June 30) during the term of the agreement. Starting September 1, 2023, and on or before September 1 of each succeeding fiscal year during the term of the Agreement, the CONTRACTOR and the CITY Manager, or designee, shall conduct a performance review based on the work plan, indicating the activities that have been carried out at the Preserve for the past fiscal year, and conformance to the agreed -upon performance objectives and standards. The performance review shall serve as a basis for consideration of any requests for funding or extension of the term of this agreement. Community Outreach Activity Detail General outreach - Outreach for volunteer opportunities and the Youth Stewards program through the Grassroots Ecology website, weekly emails, newsletter and coordination with local schools and teachers - Over the summer, teams of two college interns will be stationed at the interpretive center and Boronda Lake to provide native plant and other naturalist education for the public. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 Community workdays We plan to host 8 weekend workdays and 6 weekday events per year. Our target for volunteer hours served is 750-1,000 hours. Group volunteer days Grassroots Ecology will host community groups Youth Stewards - Host 20 weeks of Grassroots Ecology’s Youth Stewards program at Foothills Nature Preserve where local youth develop a relationship with the preserve while helping with habitat restoration and stewardship activities. Watershed Steward Program corps members Grassroots Ecology applied for and was awarded two Watershed Steward Program Corps Members to assist with restoration and volunteer engagement at Foothills Nature Preserve. These young professionals are assigned to our organization as part of an AmeriCorps program that brings some increased awareness and effort to the Preserve. Naturalist Education Programming - Plan and deliver educational programming for the Youth Stewards program such as invertebrate monitoring and nature journaling - Provide 1-2 interpretive walks for the general public Interpretive signage - Maintain and update signage at the interpretive center and pollinator garden, and lawn replacement as needed - Update kiosk at Orchard Glen seasonally Native Plant Revegetation, Maintenance, and Monitoring Activity Detail Native plant installation at the Interpretive Center Install and maintain native plants around the parking areas at the Interpretive Center: - Maintain previous year’s planting by watering and weeding seasonally - Add compost and mulch to this area to encourage plant growth - Explore the installation of a small split rail fence to delineate the area and create a cohesive look Lawn replacement area - Expand the lawn replacement by sheet mulching and installing 300 native plants - Quarterly maintenance of lawn replacement including weeding, mulching, and deadheading DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 16 Rev. March 29, 2018 Willow installation Install willow cuttings along Buckeye Creek in Las Trampas Valley and the 7.7 to improve creek flow and sediment management Seed collection Collect native seeds in maintained native planting areas and spread the seeds at the appropriate time to encourage new populations Western Leatherwood Mapping Continue to map Western leatherwood (Dirca occidentalis) population on CalFlora Invasive Plant Management Medusahead Monitor and remove medusahead. Primary removal strategy is weed whipping. Milk thistle Remove milk thistle with volunteers from along Buckeye Creek in the 7.7 area. Grassroots Ecology staff may weed whip if necessary. Teasel (new this year!) Remove teasel on the Boronda Lake dam and other known areas in heavy use parts of the preserve. Primary removal strategy is removal of flower stalks and seed heads to manage seed bank. Species Strategy/Locations Yellow Star Thistle - Hand removal of Yellow Star Thistle from Vista Hill, Wildhorse Valley, and the 7.7 area, Los Trancos Trail, Las Trampas Valley, and roadsides if time permits - Provide a mowing recommendation for the Rangers for summer 2023 Italian thistle Prioritize removal of Italian thistle in Wildhorse Valley and from within planting areas. Hand pull Italian thistle with volunteers; Grassroots Ecology staff may weed whip as necessary. Poison hemlock Hand pull poison hemlock with volunteers, prioritize removal within Wildhorse Valley, Las Trampas Valley, and the 7.7 area French broom Remove French broom from Los Trancos Trail, and Gates 1 & 2 if safe and feasible for volunteers. Removal strategies are hand pulling and using weed wrenches. Stinkwort Monitor, map, and remove stinkwort park-wide with a focus on entrances, roadways, and at the water tower DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 17 Rev. March 29, 2018 Nuisance vegetation at Boronda Lake dam Monitor the dam face quarterly and remove any deep rooted, woody, nuisance vegetation. Provide mowing recommendation for yellow starthistle management on the dam face. Below is a chart of the time of year when work is done on the target invasive species. Project Management Activity Detail Project management Oversee completion of work plan deliverables and quality of project delivery. Ensure compliance with waiver policy, staff training and insurance requirements. Reports Create and submit to the PA Rangers bi-annual reports to summarize progress on restoration projects, activities, and accomplishments. Annual work plan Create and submit to the PA Rangers an annual work plan for the preserve activities planned for the upcoming year. Technical expertise Provide technical expertise and collaboration to other City of Palo Alto departments as requested. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 1 Rev. March 29, 2018 Map 1 Showing Extent of Foothills Park DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 2 Rev. March 29, 2018 Map 2: Work Areas within Foothills Park DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 3 Rev. March 29, 2018 Map 3: Boronda Lake Area Map 4: Wild Horse Valley Map 5: Los Trancos Trail DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 4 Rev. March 29, 2018 DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 5 Rev. March 29, 2018 Map 6: Western End of Las Trampas Valley Map 7: Area around Gate 4 / Pony Tracks Fire Road DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 6 Rev. March 29, 2018 Section I Adobe Creek Pedestrian Bridge Native Plant Restoration Description: The Adobe Bridge Native Plant Restoration site also known as the Highway 101 Pedestrian/Bike Bridge was completed in December of 2021. This bridge links regional trails and bicycle facilities and improves access to recreation opportunities like the Baylands Nature Preserve. The bridge replaced the seasonal Benjamin Lefkowitz Underpass that was available only half the year (on average) due to seasonal flooding. On the east side of 101, along the Adobe Creek Loop Trail that runs parallel to East Bayshore Road, lays the Adobe Bridge Native Plant Restoration area. This area was previously part of the ponds and the area was landscaped with native vegetation during the construction of the Highway 101 Pedestrian/Bike Bridge project to re-naturalize the area. SCOPE OF SERVICES CONTRACTOR shall provide the maintenance of native plants at the Adobe Creek Pedestrian Bridge Native Restoration site. CONTRACTOR shall provide the following services: 1. CONTRACTOR shall conduct quarterly site visits with the CITY (if needed) to assess the site and prioritize field work. 2. CONTRACTOR shall provide a monthly schedule for site work which will consist of the following: A. Two to Four workdays for Volunteers. B. Eight to Ten workdays for Staff. This monthly schedule is subject to change each quarter. 3. CONTRACTOR shall provide a quarterly summary that will include the following: A. Work conducted at the site. B. Overall health of the installed plants (visual inspection). C. Identification of any observed problems such as browsing, irrigation issues, or newly identified invasive plants of concern. D. Recommendations. 4. CONTRACTOR shall provide additional meetings/coordination with the CITY as needed. 5. CONTRACTOR shall hold a workday on a monthly basis to conduct maintenance of entire site. Tasks to include but not limited to: DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 7 Rev. March 29, 2018 1. Invasive plant removal and weeding-hand tools and manual methods shall be used. This may include, but not limited to removal of entire plant, mowing, pruning of seed heads and flowers at properly timed intervals. 2. Replacement of plant material- CONTRACTOR shall remove all dead plant material and re-plant with equivalent California native variety. CONTRACTOR shall replace up to 100 plants annually. Native seed of annuals and grasses shall be broadcasted when conditions are appropriate. 3. CONTRACTOR shall replenish mulch on a “as-needed” basis to help with weed suppression and keeping soil moisture adequate, along with providing nutrients back into the soil. Mulch will be provided by the City. However, CONTRACTOR is responsible for transportation of mulch, unless drop off is scheduled through the City’s Urban Forestry’s Division. 4. Debris removal: CONTRACTOR shall remove all debris within the site on a monthly basis. This includes, but not limited to litter, illegal dumping, vegetation debris, etc. CONTRACTOR shall transport all debris to the City’s Municipal Service Center located at 3201 E. Bayshore Road and dispose of all debris in the correct containers (garbage in garage, recycling in recycling and compost in compost). Task Number of Hours Site maintenance 2-4 volunteer workdays and 8-10 staff workdays (crew of 4-6) Project planning, management and coordination with city, quarterly site visits Total DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 8 Rev. March 29, 2018 Please see map below of Adobe Creek Pedestrian Bridge Native Plant Restoration location. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 9 Rev. March 29, 2018 EXHIBIT B SCHEDULE OF PERFORMANCE Section H CONTRACTOR shall perform the Services according to the following schedule: The chart below shows ideal times for removal of the target species. Seasons may run earlier or later depending on weather and growing conditions. In general, all species may be removed all year long, but incidental seed dispersal at senescence is to be avoided. This schedule is applicable to the entire park, not just to the sites established by the Friends of Foothills Park. Month: J F M A M J J A S O N D Italian thistle Yellow starthistle French broom Poison hemlock Stinkwort Milk thistle Medusahead Teasel Native plant garden at the Interpretive Center Schedule: Quarterly maintenance shall be completed at the native plant garden and around the parking lot. Mobilize volunteers for Preserve Projects Schedule: Regular bi-monthly volunteer weekend workdays shall be held, at minimum 20 per year. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 10 Rev. March 29, 2018 Section I SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the following schedule. CONTRACTOR shall record number of hours for each task below on a monthly basis. CONTRACTOR shall provide the following services: 1. CONTRACTOR shall conduct quarterly site visits with the CITY (if needed) to assess the site and prioritize field work. 2. CONTRACTOR shall provide a monthly schedule for site work which will consist of the following: Two to Four workdays for Volunteers. Eight to Ten workdays for Staff. This monthly schedule is subject to change each quarter. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 11 Rev. March 29, 2018 EXHIBIT C SCHEDULE OF FEES CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement . Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. The contracts yearly total for each section H and I shall be divided by 12 months for a monthly billing cycle. Please see chart below for monthly totals. RATE SCHEDULE DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 12 Rev. March 29, 2018 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 13 Rev. March 29, 2018 WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 14 Rev. March 29, 2018 EXHIBIT E BONDS CONTRACTOR’S PERFORMANCE SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”) have entered into an agreement dated , and identified as , which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement. NOW, THEREFORE, Principal and , as Surety, incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above - mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of thi s bond and has all rights of a party hereto. / / / / / / DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on , 20 . Phone Number: Name of Surety Signature of Surety By: Its: Typed or Printed Name Title Name of Contractor/Principal Signature of Contractor/Principal By: Its: Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 16 Rev. March 29, 2018 CONTRACTOR’S PAYMENT (LABOR AND MATERIALS) SURETY BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”), have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW, THEREFORE, Principal and , as Surety, incorporated under the laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court. It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond. The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agre ement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 17 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on , 20 . Phone Number: ___________________ Name of Surety Signature of Surety By: Its: _________________________________ Typed or Printed Name Title Name of Contractor/Principal Signature of Contractor/Principal By: Its: _________________________________ Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 18 Rev. March 29, 2018 EXHIBIT F LIQUIDATED DAMAGES It is mutually agreed by CONTRACTOR and CITY that if completion of the Services to be provided by CONTRACTOR under this Agreement is delayed beyond the time specified in the Schedule of Performance, plus any authorized extensions of time, CITY will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. Accordingly, CITY and CONTRACTOR, agree, as a method to fix the damages and not as a penalty, that in the event of any such failure to perform, the amount of damage which shall be sustained by C ITY will be the sum of five hundred dollars ($500) for each and every calendar day during which the Services remain uncompleted beyond the time specified for completion, plus any authorized extension of time. Should CONTRACTOR fail to pay the liquidated damages to CITY, CONTRACTOR agrees that CITY may deduct and withhold the amount of the unpaid damages from any amounts due or that may become due to CONTRACTOR under this Agreement. BY PLACING THEIR INITIALS BELOW, CITY AND CONTRACTOR ACKNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES. _____________ _____________ CITY CONTRACTOR DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 19 Rev. March 29, 2018 APPENDIX A: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS The provisions of this this Appendix are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims related to the Services performed under this Agreement. 1. Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City. (B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. 2. Claim Process. (A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Appendix no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived. (B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Appendix, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Review. Upon receipt of a Claim in compliance with this Appendix, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 20 Rev. March 29, 2018 return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply. 3. Disputed Claims (A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Appendix within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws. (i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. 4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Appendix or to otherwise meet the time requirements of this Appendix shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Appendix, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 City of Palo Alto General Services Agreement 21 Rev. March 29, 2018 5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum. 6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. 7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Vers.: Aug. 5, 2019 Page 1 of 12 AMENDMENT NO. 2 TO CONTRACT NO. C18170810A BETWEEN THE CITY OF PALO ALTO AND BRIGHTVIEW LANDSCAPE SERVICES, INC. This Amendment No. 2 (this “Amendment”) to Contract No. C18170810A (the “Contract” as defined below) is entered into as of September 18, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BRIGHTVIEW LANDSCAPE SERVICES, INC., a California corporation, located at 4055 Bohannon Drive, Menlo Park, CA 94025 (“CONTRACTOR”). CITY and [CONSULTANT or CONTRACTOR] are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing Landscape Maintenance Services, as detailed therein. B. The Parties entered into Amendment No. 1 to amend the Contract in order to extend the Contract term by three (3) months through September 30, 2023 and increase compensation accordingly by Three Hundred Five Thousand Six Hundred Six Dollars ($305,606) from Five Million Eight Hundred Twenty-One Thousand One Hundred Six Dollars ($5,821,106) to Six Million One Hundred Twenty-Six Thousand Seven Hundred Twelve Dollars ($6,126,712) as detailed therein. C. The Parties now wish to amend the Contract in order to add weekend services effective July 1, 2023 to the Scope of Services and increase compensation accordingly by Seventy Five Thousand One Hundred Fifty-Two Dollars ($75,152) from Six Million One Hundred Twenty-Six Thousand Seven Hundred Twelve Dollars ($6,126,712) to Six Million Two Hundred One Thousand Eight Hundred Sixty-Four Dollars ($6,201,864), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: Contract. The term “Contract” shall mean Contract No. C18170810A between CONSULTANT and CITY, dated May 29, 2018, as amended by: Amendment No. 1, dated June 12, 2023 DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 2 of 12 a. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 5 “COMPENSATION FOR ORIGINAL TERM” of the Contract is hereby amended to read as follows: “COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Six Million Two Hundred One Thousand Eight Hundred Sixty-Four Dollars ($6,201,864). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of Two Hundred Ninety-One Thousand Seven Hundred Forty- Nine Dollars ($291,749) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.” SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 3 of 12 a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS. b. Exhibit “C” entitled “SCHEDULE OF FEES, AMENDMENT NO. 2”,AMENDED, REPLACES PREVIOUS. SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 4 of 12 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO _______________________________ City Manager APPROVED AS TO FORM: _______________________________ City Attorney or Designee BRIGHTVIEW LANDSCAPE SERVICES, INC. Officer 1 By:___________________________ Name:________________________ Title:__________________________ Officer 2 By:___________________________ Name:_________________________ Title:__________________________ Attachments: EXHIBIT “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS) EXHIBIT “C” entitled “SCHEDULE OF FEES, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS) DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC CFO Brett Urban, Chief Financial Officer Assistant Secretary Susan DeSantis Vers.: Aug. 5, 2019 Page 5 of 12 EXHIBIT B SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) CONTRACTOR shall perform the Services according to the following schedule: The Contractor’s hours of operation shall conform to the hours of 6:00 a.m. and 5:00 p.m. during the life of the Agreement unless specified otherwise in this Agreement. The Contractor’s hours of operation shall conform to the hours of 9:00 a.m. and 3:00 p.m. for medians and roadside strips. Hours of operation in the University and California Avenue Business District are an exception. Cleaning equipment, when used in public streets in business districts shall be allowed during the hours of 10:00 pm and 7:00 am, Monday through Friday, providing no such piece of equipment shall produce a noise level that exceeds 70 dBA measured at a distance of 25 feet. SERVICE LEVELS-Service frequencies are listed below unless delineated otherwise in Section A, B, C, D, E, F, and H. I. DAILY SERVICE- (Monday through Friday) The following sites require daily service. City Facilities Mitchell Community Center Mitchell Library City Hall Parks Bol Park Boulware Park Bowden Park Briones Park Cameron Park Cogswell Park Eleanor Pardee Park Heritage Park Hoover Park Johnson Park Lytton Plaza DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 6 of 12 Mitchell Park Monroe Park Peers Park Ramos Park Rinconada Park Robles Park Scott Park Seale Park Terman Park Ventura School grounds Werry Park Median, Roadside Strips, & Bioretention Basins University Ave. California Ave. II. MONDAY, WEDNESDAY, FRIDAY SERVICE The following sites require service on every Monday, Wednesday, and Friday: Parks Bowling Green El Palo Alto Park Mayfield Park Sarah Wallis Park Weisshaar Park City Facilities Art Center Children’s Theatre Children’s Library Cubberley Community Center Downtown Library Lucie Stern Community Center Rinconada Library Roth Building III. SEMI-WEEKLY SERVICE The following sites require service twice per week. Actual days to be determined by Field Service Inspectors and/or Project Manager. City Facilities DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 7 of 12 Sterling Canal Parking Lots University Ave Business District California Ave Business District Cowper/Webster Ted Thompson Garage Median, Roadside Strips, & Bioretention Basins San Antonio Rd. Embarcadero Islands/Underpass (Maintenance shall commence on January 1, 2019, for new landscaping) IV. WEEKLY SERVICE The following sites require service once per week. Actual day to be determined by the Field Service Inspectors and/or Project Manager. Parks Hale Well Park Timothy Hopkins Creekside Parks Terman Park City Facilities Arastradero Fire Station Alma Fire Station Alma Tower Animal Shelter Embarcadero Fire Station (commence July 1, 2019) Flood Basin Hanover Fire Station Mitchell Fire Station Municipal Service Center Junior Museum Median, Roadside Strips, & Bioretention Basins Alma St Arastradero Islands Arcadia Pl. California Ave/Birch Medians California Avenue Business District Tree Wells DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 8 of 12 Charleston Rd. Downtown Tree Wells El Camino Real Islands Forest Lawn Parkway Oregon Expressway Page Mill Islands Southgate Bioretention Basins E. & W. Greenwich Cul de Sacs University Islands/Underpass Utility Sub-Stations & Well-Sites Colorado Substation V. MONTHLY City Facilities Bike Paths Parking Lots Midtown Parking Lots Median, Roadside Strips, & Bioretention Basins Alma St. West @ El Carmelo AMBLUR (Maintenance shall commence on October 1, 2018) Caltrans Underpass N. California Ave (across from Jordan Middle School) Arastradero Rd Charleston-Arastradero Corridor Medians, Roadside Strips, and Bioretention Basins (Maintenance shall commence on the following dates: Phase 1 and phase 2- June 1, 2019 and phase 3 June 1, 2021) Evergreen Park Closures/Park Blvd. Medians Quarry Islands Roundabouts Miranda Islands 101 Sound walls (north and south) Bryant/Addison Circle Lytton/Guinda Circle Eleanor Park Area Cul de Sacs Island Drive Melville Island Welch Rd Center Medians DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 9 of 12 Utility Sub-Stations & Well-Sites Adobe Creek Substation and Pump Station Alma Electric Substation Arastradero Rd. Fluoride Station Gas Recovery Station 4 Geng Rd. Substation Hale Well Site Hanover Substation Hansen Substation Matadero Substation Middlefield Substation Maybell Substation Mitchell Substation Page Mill Substation PG&E Substation Quarry Substation SCAADA Substation San Francisquito (SF) Creek and Substation VI. WEEKEND SERVICE (SATURDAYS AND SUNDAYS) – EFFECTIVE JULY 1, 2023 Note: Exhibit A Scope of Services, Section IX, General Maintenance and Cleanup and Section X, Playground and Playground Equipment Maintenance shall be completed at the following sites during weekend service: Bol Park Eleanor Park Greer Park Hoover Park Johnson Park Mitchell Park Peers Park Rinconada Park Robles Park Seale Park VII. SITES THAT REQUIRE HOLIDAY SERVICE Bol Park Boulware Park Briones Park DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 10 of 12 Cameron Park Cogswell Park Eleanor Pardee Park Hoover Park Johnson Park Lytton Plaza Mitchell Park (includes Magical Bridge Playground) Monroe Park Peers Park Ramos Park Rinconada Park Robles Park Scott Park Seale Park Ventura School grounds Werry Park Note: The contractor must provide all General Maintenance Clean-up and Playground Equipment Maintenance at the above sites on these following holidays and specific holiday weekend days: Memorial Day Weekend (Sunday and Monday) Fourth of July Weekend as follows: Wednesday July 4, 2018 Thursday July 4, 2019 Saturday July 4, 2020 and Sunday July 5, 2020) Sunday July 4, 2021 and Monday, July 5, 2021 Monday, July 4th, 2022 and Tuesday, July 4, 2023 Labor Day Weekend (Sunday and Monday) Section H, Byxbee Park Vegetation Management Project Byxbee Park, for purposes of this contract, is defined as having two areas: the slope that goes around the entirety of the old landfill that creates Byxbee Park, and the "top". The top area is shown on Byxbee Map 2 in final scope of work/services. Mowing of the top shall begin during the month of May or June to reduce annual weedy bio- mass, remove plants with root systems greater than a foot in depth (i.e., coyote brush, mustard, Russian thistle) and provide sunlight to emerging perennial natives. The slopes will be mowed from the levee road to the midpoint of the slope, according to this schedule. Please refer to the color-coded areas of Byxbee Map 3 in final scope of work/services. Orange: Years 1 and 4. Green: Years 2 and 5. DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 11 of 12 Blue: Year 3. The mowing shall be repeated as needed during the year to meet the height specifications. DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC Vers.: Aug. 5, 2019 Page 12 of 12 EXHIBIT C SCHEDULE OF FEES, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. The contracts yearly total for each section A, B, C, D, E, F, and H shall be divided by 12 months for a monthly billing cycle. Please see chart below for monthly totals. DocuSign Envelope ID: 1A814FB9-8A1B-45C8-B9B7-4C3CF10597FC SEPTEMBER 19, 2023 www.cityofpaloalto.org LANDSCAPE MAINTENANCE CONTRACTS FINANCE COMMITTEE CONTRACTED SERVICES AND LOCATIONS Contracting for landscape maintenance services has occurred since 1993 with increases in scope and locations over the years. Services include mowing, hedging, litter and trash, playground cleaning, etc. •Parks, including playgrounds and courts •City facilities •Parking garages and parking lots •Road medians and roadside planter strips •Utility sub-stations and well sites •Regional Water Quality Control Plant •Foothills Nature Preserve (habitat restoration) •Adobe Creek Pedestrian Bridge (habitat restoration) REQUEST FOR PROPOSALS (RFP) •5-year contract duration •11 of the 575 vendors contacted viewed the RFP package •7 vendors attended a mandatory pre-proposal meeting •4 proposals were submitted THREE LANDSCAPE CONTRACTS •BrightView ($12,288,093 total for 5 years) o Parks, including playgrounds and athletic courts o City facilities o Parking garages and parking lots o Road medians and roadside planter strips o Utility sub-stations and well sites •Gachina ($516,740 total for 5 years) o Regional Water Quality Control Plant •Grassroots Ecology ($529,459 total for 5 years) o Foothills Nature Preserve o Adobe Creek Pedestrian Bridge CONTRACT COST INCREASES •The cost for the proposed landscape contracts is $6.8 million more than the prior contracts Comparison of Contract costs (prior and proposed) 2023-2028 Cost Proposal,Additional Services Included $13,334,292 2018-2023 Cost Total,Additional Services Included $6,485,838 Five Year Total Cost Increase $6,848,454 REASONS FOR COST INCREASES The cost increase is due to the following reasons: •Additional maintenance sites •Phase out use of glyphosate herbicide (Round-Up) •Addition of services on weekends •Increase in required minimum staffing level •Material quantities •Material cost increase •Labor cost increase ADDITIONAL MAINTENANCE SITES There are new and upcoming City projects that require landscape maintenance: •Public Safety Building •Sherman Parking Garage •Expansion of Boulware Park •Adobe Creek Pedestrian/Bicycle Bridge •In 2017, the herbicide glyphosate (Round-up) was added to the California Proposition 65 list of carcinogenic chemicals and its use was discontinued in all parks and open space preserves o Use of glyphosate was limited to select road medians, roadside planting strips, and parking lots •There have been lawsuits in California related to the use of glyphosate •For the new five-year contract, BrightView will not use glyphosate •Weeds will be controlled by mechanical (string trimmers, etc.) and manual (hand weeding, use of hoes, etc.) means, resulting in increased labor costs PHASE OUT USE OF GLYPHOSATE •The proposed BrightView contract prescribes quantities of playing field materials (soil, seed, and fertilizer, etc.) used for the upkeep of the natural sport fields, whereas the prior contract did not •This resulted in more accurate bids, but at a higher cost •In the prior RFP process material quantities were often underestimated MATERIAL QUANTITIES •The prior contract provided services Monday through Friday •The proposed contract adds weekend service at 23 sites to address increased use •The additional weekend services now includes removal of trash, compostable,and recyclable materials, litter pick-up, and playground servicing •The 23 locations include 20 select parks, Ventura Community Center, Lytton Plaza, and City Hall/King Plaza ADDITION OF WEEKEND SERVICE FOR BRIGHTVIEW CONTRACT •With the addition of new maintenance sites,weekend servicing,and the increase in mechanical and manual weeding due to the phase out of glyphosate, BrightView’s minimum staffing level has been increased •For all sites,excluding the Regional Water Quality Treatment Plant,Foothills Nature Preserve,and Adobe Creek Pedestrian/Bicycle Bridge,the minimum full-time equivalent (FTE)staffing level on weekdays increased from 15 to 20 FTE INCREASE IN REQUIRED MINIMUM STAFFING LEVEL •Material costs for engineered wood fiber for playground safety surfacing, playground sand,grass seed,organic fertilizer,baseball infield mix,and various types of soil have drastically increased with inflation upon the onset of COVID-19 MATERIAL COST INCREASE FOR BRIGHTVIEW CONTRACT LABOR COST INCREASE •Labor rates for landscape maintenance in the prior contract ranged approximately between $22.50/hr.to $30.10/hr. •For the new contract the approximate range is $40.00/hr.to $49.00/hr.depending on crew and crew lead positions TITLE 40 FONT BOLD Subtitle 32 font COMPENSATION 14 All providers offer health benefits (medical, dental and vision), paid sick leave, and retirement. •Prevailing wage for a Landscape Maintenance Laborer ranges between $15.50/hr. and $15.84/hr. •Prevailing wage is required for all three of these contracts •Minimum wage is $17.25/hr. in Palo Alto Service Provider Compensation BrightView Landscape Services, Inc. •Hourly rates ranging from $18/hr to $34/hr o 20 FTE in total: Gardener (12 FTE), Crew Leader, Production Manager •All jobs are offered health benefits (medical, dental and vision coverage), paid sick leave, and retirement. Some are provided paid vacation and personal time Gachina Landscape Management, Inc. •Hourly rates ranging from $18/hr to $32/hr o 1 FTE in total: Landscape Tech, Crew Leader, Sr. Crew Leader •All jobs are offered health benefits (medical, dental and vision coverage), paid leave (sick, personal time and vacation), and retirement Grassroots Ecology •Hourly rates ranging from $55/hr to $65/hr o Restoration Specialist, Project Lead, Community Engagement Manager •All jobs are offered health benefits (medical, dental and vision coverage), paid leave (sick and vacation), and retirement CITY OF PALO ALTO