HomeMy WebLinkAbout2004-06-28 City Council (5)City of Palo Alto
C ty Manager’s Report
TO:
FROM:
DATE:
HONORABLE CITY COUNCIL 15
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
JUNE 28, 2004 CMR:337:04
SUBJECT:APPROVAL OF CONTRACTS WITH LORAL LANDSCAPING
INC. IN THE AMOUNT OF $284,880 AND GACHINA LANDSCAPE
MANAGEMENT IN THE AMOUNT OF $201,933 FOR LANDSCAPE
MAINTENANCE SERVICES.
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the contract with Loral Landscaping Inc.
in the amount of $284,880 for the first year ($854,640 over a three-year period) for
landscape maintenance services for City parks, facilities, and utility sub-stations
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Loral Landscaping Inc. for related, additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $28,488 annually ($85,464 over a three-year period).
Approve and authorize the Mayor to execute the attached contract with Gachina
Landscape Management in the amount of $201,933 for the first year ($605,799 over a
three year period) for landscape maintenance services of City medians/roadside strips,
parking lots/garages and neighborhood parks sport field renovations.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Gachina Landscape Management for related,
additional but unforeseen work which may develop during the project, the total value
of which shall not exceed $ 20,193 annually ($ 60,580 over a three year period).
CMR:337:04 Page 1 of 3
St Authorize the City Manager or his designee to exercise the option to renew the
contracts for a second and!or third year, provided the contractors are responsive to the
City’s needs, and the quality of the contractor’s work/product is acceptable during the
first year of the contracts (and/or other conditions which will determine the City’s
willingness to renew the contract). Funding for years two and three is contingent
upon Council approval of the budget for each subsequent year.
DISCUSSION
Project Description
The work to be performed under these contracts is for landscape maintenance services of
medians, roadside strips, parking lot_s, garages, parks, city facilities, utility sub-stations,
and neighborhood park sport turf renovations. The locations of these specific areas are
attached (Attachment D).
Summary of Bid Process
A Notice Inviting Formal Bids for landscape maintenance services was sent on April 20,
2004 to eight contractors. The bidding period was 29 days. A mandatory pre-bid
meeting was held on May 4, 2004. Bids were received from two qualified contractors on
May 18, 2004 as listed on the attached bid summary (Attachment B).
Staff grouped the bid items under six categories designated as A through F, and
structured the bid award to be determined by either individual category or by the Grand
Total of all of these categories in order to give the City the greatest flexibility in
determining cost savings. (Bids were requested for a three-year period.) Staff has
reviewed all bids submitted for Items A through F and recommends that the total bid of
$854,640 for three years on Items C, D, and E, submitted by Loral Landscaping Inc. be
accepted and that Loral Landscaping Inc. be declared the lowest responsible bidder for
Items C, D, and E. Staff recommends that the total bid of $605,799 for three years on
Items A, B, and F be accepted and that Gachina Landscape Management be declared the
lowest responsible bidder for Items A, B, and F. The total of both bids - 1,460,439 - is
1% lower than the staff estimate of $1,470,000.
Staff canvassed the remaining bidders to determine why they did not respond to the IFB.
Three bidders said that they were too busy during this season; two said that the project
was too large for their companies to handle, and one said that their company was unable
to bid since they missed the pre-bid conference.
CMR:337:04 Page 2 of 3
Bid Name/Number
Proposed Length of Project
Number of Bids Mailed to Contractors
Number of Bids Mailed to Builder’s
Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at Pre-Bid
Meeting
Number of Bids Received:
Bid Price Range
*Bid summary provided in Attachment B.
Landscape Maintenance Services/IFB NO. 104761
36 months
8
0
29
Yes
2
2
See attached Bid Summary
Staff confirmed with the Contractor’s State License Board that the contractors have an
active license on file. Staff checked references supplied by the contractors for previous
work performed and found no significant complaints.
RESOURCE IMPACT
Funds for this contract are included in the City Manager’s proposed 2004-2005 budget.
POLICY IMPLICATIONS
The recommendation is that this report is consistent with current City policies.
ENVIRONMENTAL REVIEW
This contract is not a project as defined by the California Environmental quality Act
(CEQA) and is not subject to CEQA requirements.
ATTACHMENTS
Attachment A: Contracts
Attachment B: Bid Summary
Attachment C: Certificate of Non-Discrimination
Attachment D: Location of Areas
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:337:04 Page 3 of 3
ATTACHMENT A
CONTRACT No. C05104761 B
(Public Work)
Community Services Department
This Contract, number C05104761B dated July 1, 2004 is entered into by and between the City of Palo Alto, a
chartered city and a municipal corporation of the State of California ("City"), and Loral Landscaping, Inc.
("Contractor"). For and in consideration of the covenants, terms, and conditions (Athe provisions) of this Contract,
City and Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject, to the earlier
termination of this Contract.
General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the Work required herein and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:Landscape Maintenance Services, Invitation for Bid (IFB) Number 104761.
Bid Section C: $188,220 annually (excludes bid items 12, 16 and 26)
Bid Section D: $72,264 annually (excludes bid items 15, 18 and 19)
Bid Section E.$24,396 annually
TOTAL:~; 284~880.00 annually
THREE YEAR TOTAL: $8541640.00
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with
the City Cler.k and are hereby incorporated by reference. For the purposes of construing, interpreting and
resolving inconsistencies .between and among the provisions of this Contract, these documents and the
provisions thereof are set forth in the following descending order of precedence.
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1999).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1999).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and
upon the receipt of written invoices and all necessary supporting documentation within the time set forth in
the Contract Specifications and the Standard Drawings and Specifications (1999), or, if no time is stated,
within thirty (30) Days of the date of receipt of Contractor’s invoices.
5.Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of
insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be
required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal
PAGE 1 OF 7
rev. 12/oo
property or the personal property of any person performing labor or services or supplying materials or
equipment under the Project. Contractor shall furnish City with the certificates of insurance and with
original endorsements affecting coverage required under this Contract on or before the Date of Execution.
The certificates and endo~’sements for each insurance policy shall be signed by a person who is authorized
by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to
the address set forth in Section 15 of this Contract.
7o
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members,
officers, employees, agents and representatives harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in
part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a
result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any
part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for
doing anything which Contractor is required not to do under this Contract, or which arises from conduct for
which any Law may impose strict liability on Contractor in the performance of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of
City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations
under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in
whole or in part, in connection with or as a result of ContractoCs willful acts or negligent acts or omissions
under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C. 9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. 6901-6992k,
as amended); the Toxic Substances Control Act (15 U.S.C. 2601-2692, as amended); the Carpenter-
Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, 25300-25395, as amended); the
Hazardous Waste Control Law (Health & Safety Code, 25100-25250.25, as amended); the Safe Drinking
Water and Toxic Enforcement Act (Health & Safety Code, 25249.5-25249.13, as amended); the
Underground Storage of Hazardous Substances Act (Health & Safety Code, 25280-25299.7, as amended);
or under any other local, state or federal law, statute or ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to
the property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver
by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this
Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the
same or any other provision, nor shall any custom or practice which may arise between the parties in the
administration of any part or provision of this Contract be construed to waive or to lessen the right of City to
insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of
this Contract.
10.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The
right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not
shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a
satisfactory manner in compliance with the Contract requirements.
Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire
underwriters or other similar body now or hereafter constituted, with any discretionary license or permit
issued pursuant to any Law of any public agency or official as well as with any provision of all recorded
documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the
Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials.
PAGE 2 OF 7rev. 12/0o
11.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before
the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the
Invitation For Bid.
12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor
and services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment Which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials
are required;
Any labor and services rendered and materials and equipment used or employed during the
course and scope of the Project and Work shall be free of defects in workmanship for a period of
one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed
obtained by Contractor for and in behalf of City.
eo Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is
true and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard
to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For
Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate.statements, records, reports,
resolutions, certifications, and other written information as may be requested of Contractor by City
from time to time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by
the State of California as required by California Business & Professions Code Section 7028, as
amended; and
Contractor has fully examined and inspected the Project site and has full knowledge of the
physical conditions of the Project site.
13.Assignment. This Contract and the performance required hereunder is persona’l to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by
certified or registered mail within ten (10) Days after the claim arose or within such other time as may be
permitted or required by law, and shall be described in sufficient detail to give adequate notice of the
substance of the claim to City.
PAGE 3 OF 7
rev. 12/00
15.
16.
17.
18.
Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s
Project-related and Work-related writings and business records, as such terms are defined in California
Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if
Contractor has no such hours, during the regular business hours of City.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders,
consents, designations, notices, offers, requests and statements given by either party to the other shall be
in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by
the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a
facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours
of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by
facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without
limitation, service by delivery and service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Community Services Department
1305 Middiefield Road
Palo Alto, CA 94301
To Contractor:
Attn: Don Piana, Project Manager
Loral Landscaping, Inc.
704 South Amphlett Blvd.
San Mateo, CA 94402
Attn: Howard Wheeler, Operations Manager
Appropriation of City F~nds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with
applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event
that funds are not appropriated for the following fiscal year, or (ii) 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 Contract are no longer
available. This Section 16 shall control in the event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
baitee, and City is, therefore, not responsible for any damage to the personal property of
Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval
or consent shall be in writing and shall be executed by a person having the express authority to
grant such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) of this Contract are incorporated herein by reference.
PAGE 4 OF 7rev. 12/o0
eo Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon
the construction or interpretation of any.part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in
Section 3 hereof and all documents which may, from time to time, be referred to in any duly
executed amendment hereto are by such reference incorporated in this Contract and shall be
deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral
or written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties,
unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term
or other stipulation in the Contract shall define or otherwise control, establish, or limit the
performance required or permitted or to be required of or permitted by either party. All provisions,
whether covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution
or other writing, which authorizes any director, officer or other employee or partner to act for or in
behalf of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is
void or unenforceable, the provisions of this Contract not so affected shall remain in full force and
effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts
as an independent contractor and not as an agent or employee of City. Contractor shall not be
entitled to any rights and benefits accorded or accruing to the City Council members, officers or
employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall
apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on
a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall
be extended to the following Business Day.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or Claims
arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise,
shall b’e conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), ’
San Jose, California. The intent of the parties is that the mediation shall proceed in advance of
litigation; however, if any party should commence litigation before the conclusion of mediation,
such litigation, including discovery, shall be stayed pending completion of mediation, and by
executing this Contract the parties stipulate to mediation in accordance with Santa Clara County
Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for
the Northern District of California, as such rules may be amended from time to time. The parties
shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement
reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6,
as amended.
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
PAGE 5 OF 7
rev. 12/00
such action shall be vested exclusively in the state courts of California in the County of Santa
Clara or in the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil
Procedure § 664.6, as amended, then the prevailing party in any subsequent litigation may recover
its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions o~ this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors
to include those provisions in any sub-contracts or major material purchase agreements, such that
any mediation or litigation of any claim or dispute asserted by a subcontractor or major material
supplier will be consolidated with any related claim or dispute between the Contractor and the City.
Should the Contractor fail to do so, such that the City is required to defend an action brought by a
subcontractor or material supplier inconsistent with the Alternative Dispute and Venue provisions
of this Contract, Contractor shall indemnify City for City’s costs of defense, including reasonable
attorney’s fees.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city
of Palo Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO ALTO
APPROVED AS TO FORM:
City Clerk By:
Its Mayor
Senior Assistant City Attorney
APPROVED:
_Assistant City Manager
CONTRACTOR:
By:
Name:
Director of Community Services Title:
Dire.ctor of Administrative Services
By:
Name:
Contract Manager (Insurance Review)Title:
(Compliance with California Corporations Code 9 313 is
required if the entity on whose behalf this contract is signed is
a corporation. In the alternative, a certified corporate
resolution attesting to the signatory authority of the individuals
signing in their respective capacities is acceptable)
PAGE 6 OF 7rev. 12/oo
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code 1189)
STATE OF .)
COUNTY OF
’On , before me,
a notary public in and for said County, personally appeared
, personally known tome (or 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.
WITNESS my hand and official seal.
Signature (Seal)
PAGE 7 OF 7
rev. 12/00
ATTACHMENT A
CONTRACT No. C05104761A
(Public Work)
Community Services Department
This Contract, number C05104761A dated July 1,2004 is entered into by and between the City of Palo Alto, a
chartered city and a municipal corporation of the State of California ("City"), and Gachina Landscape Management
("Contractor"). For and in consideration of the covenants, terms, and conditions (Athe provisions) of this Contract,
City and Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier
termination of this Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the Work required herein and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:Landscape Maintenance Services, Invitation for Bid (IFB) Number 104761.
Bid Section A:$125,236.68 annually (excludes bid items 1A and 11A)
Bid Section B:$15,867.60 annually
Bid Section F.$60,828.80 annually
TOTAL:$ 201,933.08 annually
THREE YEAR TOTAL: $ 6051799.24
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with
the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and
resolving inconsistencies between and among the provisions of this Contract, these documents and the
provisions thereof are set forth in the following descending order of precedence.
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1999).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1999).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and
upon the receipt of written invoices and all necessary supporting documentation within the time set forth in
the Contract Specifications and the Standard Drawings and Specifications (1999), or, if no time is stated,
within thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance: On or before the Date of Execution, Contractor shall obtain and maintain the policies of
insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be
rev: 12]00
PAGE1 OF7
required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal
property or the personal property of any person performing labor or services or supplying materials or
equipment under the Project. Contractor shall furnish City with the certificates of insurance and with
original endorsements affecting coverage required under this Contract on or before the Date of Execution.
The certificates and endorsements for each insurance policy shall be signed by a person who is authorized
by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to
the address set forth in Section 15 of this Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members,
officers, employees, agents and representatives harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in
part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a
result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any
part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for
doing anything which Contractor is required not to do under this Contract, or which arises from conduct for
which any Law may impose strict liability on Contractor in the performance of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of
City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations
under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in
whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions
under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C. 9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. 6901-6992k,
as amended); the Toxic Substances Control Act (15 U.S.C. 2601-2692, as amended); the Carpenter-
Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, 25300-25395, as amended); the
Hazardous Waste Control Law (Health & Safety Code, 25100-25250.25, as amended); the Safe Drinking
Water and Toxic Enforcement Act (Health & Safety Code, 25249.5-25249.13, as amended); the
Underground Storage of Hazardous Substances Act (Health & Safety Code, 25280-25299.7, as amended);
or under any other local, state or federal law, statute or ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to
the property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful actor negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver
by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this
Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the
same or any other provision, nor shall any custom or practice which may arise between the parties in the
administration of any part or provision of this Contract be construed to waive or to lessen the right of City to
insist upon the performance of Contractor in strict compliance with the co~,enants, terms and conditions of
this Contract.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The
right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not
shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a
satisfactory manner in compliance with the Contract requirements.
10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire
underwriters or other similar body now or hereafter constituted, with any discretionary license or permit
issued pursuant to any Law of any public agency or official as well as with any provision of all recorded
documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the
Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials.
PAGE 2 OF 7rev. 12/00
11.Bonds.. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before
the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the
Invitation For Bid.
12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor
and services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
bw Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose foi" which the materials
are required;
eo
Any labor and services rendered and materials and equipment used or employed during the
course and scope of the Project and Work shall be free of defects in workmanship for a period of
one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed
obtained by Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is
true and correct at the time such information is submitted or made available to the City;
Contractor has not colluded conspired or agreed, directly or indirectly, with any person in regard
to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For
Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other written information as may be requested of Contractor by City
from time to time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by
the State of California as required by California Business & Professions Code Section 7028, as
amended; and
Contractor has fully examined and inspected the Project site and has full knowledge of the
physical conditions of the Project site.
13.Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
14.Claims of Contractor. All claims pertaining to extra work, additional charges, or del.ays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by
certified or registered mail within ten (10) Days after the claim arose or within such other time as may be
permitted or required by law, and shall be described in sufficient detail to give adequate notice of the
PAGE 3 OF 7
rev. 12]oo
15.
16.
17.
18.
substance of the claim to City.
Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s
Project-related and Work-related writings and business records, as such terms are defined in California
Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if
Contractor has no such hours, during the regular business hours of City.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders,
consents, designations, notices, offers, requests and statements given by either party to the other shall be
in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by
the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a
facsimi’le transmission, if sent to the telephone FAX number set forth below during regular business hours
of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by
facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without
limitation, service by delivery and service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Community Services Department
1305 Middlefield Road
Palo Alto, CA 94301
To Contractor:
Attn: Don Piana, Project Manager
Gachina Landscape Management
1130 O’Brien Drive
Menlo Park, CA 94025
Attn: Vincente Mendoza, Account Manager
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with
applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event
that funds are not appropriated for the following fiscal year, or (ii) 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 Contract are no longer
available. This Section 16 shall control in the event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of
Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval
or consent shall be in writing and shall be executed by a person having the express authority to
grant such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
PAGE 4 OF 7
rev. 12/0o
no
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon
the construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in
Section 3 hereof and all documents which may, from time to time, be referred to in any duly
executed amendment hereto are by such reference incorporated in this Contract and shall be
deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral
or written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties,
unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term
or other stipulation in the Contract shall define or otherwise control, establish, or limit the
performance required or permitted or to be required of or permitted by either party. All p.rovisions,
whether covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution
or other writing, which authorizes any director, officer or other employee or partner to act for or in
behalf of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is
void or unenforceable, the provisions of this Contract not so affected shall remain in full force and
effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts
as an independent contractor and not as an agent or employee of City. Contractor shall not be
entitled to any rights and benefits accorded or accruing to the City Council members, officers or
employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall
apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of. its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on
a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall
be extended to the following Business Day.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims
arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise,
shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS),
San Jose, California. The intent of the parties is that the mediation shall proceed in advance of
litigation; however, if any party should commence litigation before the conclusion of mediation,
such litigation, including discovery, shall be stayed pending completion of mediation, and by
executing this Contract the parties stipulate to mediation in accordance with Santa Clara County
Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for
the Northern District of California, as such rules may be amended from time to time. The parties
shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement
reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6,
as amended.
PAGE 5 OF 7rev. 12/00
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa
Clara or in the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil
Procedure § 664.6, as amended, then the prevailing party in any subsequent litigation may recover
its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors
to include those provisions in any sub-contracts or major material purchase agreements, such that
any mediation or litigation of any claim or dispute asserted by a subcontractor or major material
supplier will be consolidated with any related claim or dispute between the Contractor and the City.
Should the Contractor fail to do so, such that the City is required to defend an action brought by a
subcontractor or material supplier inconsistent with the Alternative Dispute and Venue provisions
of this Contract, Contractor shall indemnify City for City’s costs of defense, including reasonable
attorney’s fees.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city
of Palo Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO ALTO
APPROVED AS TO FORM:
City Clerk By:.
Its Mayor
SeniorAssistantCity Attorney
APPROVED:
_Assistant City Manager
CONTRACTOR:
By:
Name:
Director of Community Services Title:
Director of Administrative Services
By:
Name:
Contract Manager (Insurance Review)Title:
(Compliance with California Corporations Code ) 313 is
required if the entity on whose behalf this contract is signed is
a corporation. In the alternative, a certified corporate
resolution attesting to the signatory authority of the individuals
signing in their respective capacities is acceptable)
PAGE 6 OF 7
rev. 12/oo
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code 1189)
STATE OF )
COUNTY OF .)
On , before me,
a notary public in and for said County, personally appeared
, personally known tome (or 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.
WITNESS my hand and official seal.
Signature (Seal)
PAGE 7 OF 7rev. 12/o0
ATTACHMENT B
Landscape Maintenance Services
IFB No. 104761
BID SUMMARY SHEET
(Determination of Low Bidder(s) by Sections
A. Median & Roadside Strips
(excludes bid items 1A and 11A)
B. Parking Lots/Garages
C. Parks
( excludes bid items 12, 16 and 26)
D. City Facilities
( excludes bid items 15, 18 and 19)
E. Utility Sites
F. Neighborhood Park Soccer/
Sport Field Renovations
Gachina Landscape Maintenance
~125,23~
I$15,868
$266,028
$ 89,065
$ 24,499
I$ 60,82~
Loral Landsca~
$175,260
$ 21,600
*188,22~
~ 72,26~
[$ 24,39~
$ 81,036
ATTACHMENT B
ATTACHMENT C
CERTIFICATION OF NONDISCRIMINATION SECTION 410
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
hereby certify:
a)that they are currently in compliance with all federal and state of California laws
covering nondiscrimination in employment; and
b)that, if awarded the contract, the proposer will not discriminate in employment of any
person under the contract because of race, color, national origin or ancestry, religion,
disability, gender or marital status of such person.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Signature: ~...~~- Q_ ~_~
(PRINT OR TYPE NAME)
Signatu~~ ~
(PRINT OR TYPE NAME)
Note.Califomia Corporations Code Section 313 requires two corporate officers to execute
contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary," Chief Financial Officer; or Assistant Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
CITY OF PALO ALTO RFP NO 104761 PAGE 1 OF 1
A"T-I- A/’~ U i~ .~ E" k IT t’~
ATTACHMENT C
CERTIFICATION OF NONDISCRIMINATION SECTION 410
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
hereby certify:
a)that they are currently in compliance with all federal and state of California laws
covering nondiscrimination in employment; and
b)that, if awarded the contract, the proposer will not discriminate in employment of any
person under the contract because of race, color, national origin or ancestry, religion,
disability, gender or marital status of such person.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Firm:Gachina
Signature: ~
Name:Gachina
Signature:
Name:
Landscape M~n~rn~. T~-
ME)
William To Rogers
(PRINT OR TYPE NAME)
Note:Califomia Corporations Code Section 313 requires two corporate officers to execute
contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary,"
Assistant Secretary; Chief Financial Officer; or Assistant Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
CITY OF PALO ALTO RFP NO 104761 PAGE 1 OF 1
ATTACHMENT C
ATTACHMENT D
Location of Areas
A. Median and Roadside Strips
Alma St.
Charleston Rd.
California Ave.
California Ave, Business Dist. Tree Wells
Birch St. Medians
Embarcadero Rd. Islands/Underpass
Oregon Expressway
San Antonio Rd.
University Ave.
Downtown Tree Wells
Page Mill Rd.
El Camino Real
Forest Ave.
N. California Ave.
Arastradero Rd.
Evergreen Park/Park Blvd. Medians
Quarry Rd.
Miranda Ave.
101/West Bayshore Soundwalls
Bryant/Addison Circle
Lytton/Guinda Circle
E. & W. Greenwich St. Culdesacs
Eleanor Park Area Culdesacs
Melville Island
B. Parkin~q Lots and Parking
Garages California Ave. Business
District Lots and Garages:
Parking Lot I
Parking Lot 2
Parking Lot 3
Parking Lot 4
Parking Lot 5
Parking Lot 6
Parking Lot 7
Parking Lot 8
Parking Lot 9
University Ave. Business Dist.
Parking Lots and Garages:
Parking Lot A
Parking Lot C
Parking Lot D
Parking Lot E
Parking Lot F
Parking Lot G
Parking Lot H
Parking Lot K
Parking Lot N
Parking Lot O
Parking Lot P
Parking Lot R
Parking Lot S/L
Parking Lot T
Midtown Shopping District Lot
C. Parks
Bol Park
Boulware Park
Bowden Park
Briones Park
Cameron Park
Cogswell Plaza
El Palo Alto Park
Eleanor Park
Hoover Park
Johnson Park
Mayfield Park/College Terrace Lib.
Monroe Park
Peers Park
Ramos Park
Robles Park
Sarah Wallis Park
Scott Park
Seale Park
Terman Park
T. Hopkins Creekside Parks
Ventura School Grounds
Weisshaar Park
Werry Park
D. City Facilities
Alma Fire Station
Animal Shelter
Arastradero Fire Station
Art Center
Bike Paths
Bowling Green Spraying
Children’s Library
Children’s Theatre
City Hall
Downtown Library
Embarcadero Fire Station
Flood Basin
Hanover Fire Station
Junior Museum
Main Library
Middlefield Substation
Mitchell Fire Station
Municipal Service Center
Roth Building
Hale Well Park Area
Tower Well Site
E. Utility Substations and Wellsites
Adobe Creek Substation
Colorado Substation
Gas Recovery Station #4
Hale Well Site
Hanover Substation
Hansen Substation
Mitchell Substation
Page Mill Substation
Park Blvd. Substation
PG and E Substation
Quarry Electric Station
SCAADA Building Grounds
Matadero Wellsite
Alma Electric Substation
Maybell Substation
Arastradero Rd, Fluoride Station
Water Quality Control Plant
Geng Road Substation
F. Neiqhborhood Turf Renovation
Rinconada Park
Robles Park
Seale Park
Ventura School Grounds
Hoover Park
Eleanor Pardee Park
Mitchell Park
Peers Park
Ramos Park
ATTACHMENT D