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
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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
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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
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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
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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
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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
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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
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$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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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
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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
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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.
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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.
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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:
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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
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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
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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
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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.
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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.
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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.
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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:
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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,
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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 -
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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.
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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.
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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.
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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)
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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• 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.
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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.
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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.
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*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.
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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”.
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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.
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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)
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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Werry Park
Greer Park
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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)
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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.
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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
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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
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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.
/ /
/ /
/ /
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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
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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.
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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
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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
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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,
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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
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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:
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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.
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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
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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
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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.
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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.
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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..
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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.
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L1.2 Mature Tree Stands on RWQCP Property Which Do Not Require Maintenance
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L1.3 San Antonio Pump Station
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L1.4 Fire Hydrant Locations for Weed Knock Back
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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.
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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
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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
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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
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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.
/ /
/ /
/ /
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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
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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.
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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
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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
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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,
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.”
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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.
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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: _________________________
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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
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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:
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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.
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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
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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
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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.
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City of Palo Alto General Services Agreement 1 Rev. March 29, 2018
Map 1 Showing Extent of Foothills Park
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City of Palo Alto General Services Agreement 2 Rev. March 29, 2018
Map 2: Work Areas within Foothills Park
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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
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City of Palo Alto General Services Agreement 4 Rev. March 29, 2018
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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
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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:
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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.)
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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)
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CFO
Brett Urban, Chief Financial Officer
Assistant Secretary
Susan DeSantis
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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
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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
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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
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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
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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
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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.
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Blue: Year 3.
The mowing shall be repeated as needed during the year to meet the height specifications.
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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
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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