HomeMy WebLinkAboutStaff Report 3830
City of Palo Alto (ID # 3830)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/17/2013
City of Palo Alto Page 1
Summary Title: Parks Landscape Maintenance Contract
Title: Approval of Two Contracts: (a) a Five-Year Contract with Gachina
Landscape Management in the Amount of $4,795,978 for Landscape
Maintenance Services, and (b) a Contract with Acterra, Inc. in the Amount of
$188,516 for Habitat Restoration Work at Foothills Park; Adoption of a
Budget Amendment Ordinance for $226,823.95 for the Annual Incremental
Cost Increase fFrom Prior Contract Costs
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that the Council:
1. Approve, and authorize the City Manager to execute, the attached contract with
Gachina Landscape Management in the amount of $4,482,222, plus 7%
contingency - $313,756, for a total of $4,795,978 for Landscape Maintenance
Services for a term of five years, beginning on July 1, 2013 and ending on June
30, 2018 (Attachment A). The contract amount of the first year of the agreement
will be $857,848, plus 7% contingency - $60,049, for a total of $917,897.
2. Approve, and authorize the City Manager to execute, the attached contract with
Acterra, Inc. in the amount of $176,183, plus 7% contingency - $12,333 for a
total of $188,516 for habitat restoration services at Foothills Park for a term of
five years, beginning on July 1, 2013 and ending on June 30, 2018. (Attachment
B). The contract amount of the first year of the agreement will be $33,855, plus
7% contingency- $2,370, for a total of $36,225.
3. Approve a Budget Amendment Ordinance amending the Fiscal Year 2014 budget
to provide an appropriation totaling $226,823.95 from the Budget Stabilization
Reserve (BSR) for the annual incremental cost increase from the prior contracts
City of Palo Alto Page 2
(FY 2010-13) to the proposed contracts (FY 2013-18) for park maintenance
(Attachment F).
Background
From 1993 through 2010 the City looked at opportunities to reduce the costs of parks
and landscape maintenance services by contracting-out landscaping services for City
parks and facilities (CMR 280:10). As a result, the vast majority of our parks and City
maintained facilities were contracted out while in-house staff was retained to maintain
sport facilities and provide irrigation maintenance services. 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.
The scope of work to be performed under the Gachina contract will be for the
continuation of landscape maintenance services for parks, City facilities, libraries,
medians and roadsides strips, parking lots and parking garages, utility substations and
well sites, tennis court cleanings, Community Centers, Regional Water Quality Control
Plant, and Byxbee Park vegetation management.
The scope of work to be performed under the Acterra contract will be for habitat
restoration work at Foothills Park including the removal of invasive weeds and the
planting of native plants.
Discussion
On March 14, 2013, a request for proposals (RFP) was sent to nine vendors, seeking
proposals from qualified landscape maintenance and habitat restoration firms. On
Thursday, March 28, 2013, a mandatory pre-proposal meeting was held at the
Municipal Service Center, with seven qualified firms attending this pre-proposal
meeting. On April 2 and 3, 2013, staff conducted mandatory site tours that were held
at 18 various sites throughout the City in order to familiarize the contractors with the
sites and scope of required work. Five qualified firms attended the site tours and
subsequently five bids were received on April 15, 2013.
The cost analysis for the RFP (Attachment C) breaks down the ten sections of the
contract:
City of Palo Alto Page 3
A: Medians and Roadside Strips
B: Parking Lots and Parking Garages
C: Parks
D: City Facilities
E: Utility Sub-stations and Well Sites
F: Tennis Court Cleaning
G: Cubberley Community Center
H: Regional Water Quality Control Plant’
I: Byxbee Park
J: Habitat Restoration of Foothills Park
The cost analysis provides three-year and five-year costs estimates for each section and
each proposer, and highlights the low bid for each section.
As illustrated on the cost analysis form, it was not a requirement of the RFP to bid on
each and every section of the contract. Such a requirement would have precluded
many firms from bidding on this extremely complex and diverse RFP. It also provided
more flexibility in attracting firms with special knowledge and experience, such as
native plant restoration at Foothills Park.
One firm, Marina Landscaping, Inc., submitted the lowest bid on six sections of the
contract. However, the company subsequently requested to withdraw its entire bid
because it had underestimated the labor costs. Due to the withdrawn bid, Gachina
Landscape Management (Gachina) was the low bidder on eight sections of the contract.
The evaluation committee, composed of representatives from Community Services and
Administrative Services, carefully reviewed the five proposals in terms of quality and
completeness of proposal, experience of the proposer, costs to the City, proposer’s
financial stability, and proposer’s compliance with applicable laws, regulations, and
policies (Attachment D). The committee carefully reviewed each firm's qualifications
and submittal in response to the criteria identified in the RFP.
Staff is recommending Gachina Landscaping Inc. be declared a lowest responsible
bidder and be awarded a contract for Sections “A” through “I” due to the quality and
completeness of its proposal, experience and qualifications, demonstrated
understanding of the scope of services requested, financial stability and offering the
best value to the City (Attachment D- Evaluation Matrix). Gachina held the previous
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three-year Palo Alto Parks Landscape Maintenance contract (2010 to 2013). While
Gachina admittedly underbid the cost of service for the 2010 to 2013 contract, and
initially struggled to meet certain aspects of the scope of services during the first year
of the contract, it brought in additional labor at its expense to adequately meet the
contract specifications for the remainder of the contract. Gachina exceeded
expectations in several areas and received positive feedback from various stakeholders
such as the Lawn Bowling Club membership.
The total Gachina contract cost for sections A through I work is $4,482,222, plus 7%
contingency - $313,756, for a contract total of $4,795,978 for Landscape Maintenance
Services for a term of five years, beginning on July 1, 2013 and ending on June 30,
2018.
Staff is also recommending Acterra be declared a lowest responsible bidder and be
awarded a contract for Section J work due to the quality and completeness of its
proposal, experience and qualifications, demonstrated understanding of the scope of
services requested, financial stability and offering the best value to the City. Acterra has
been the Pearson Arastradero Preserve steward for over 10 years, and has exceeded
expectations on improving the habitat at that site (all sections of this contract were
subject to this RFP process including section J- Restoration of Foothills Park. Two of
the five firms who responded to this RFP bid on section J).
The total Acterra contract cost for section J work is $176,183, plus 7% contingency-
$12,333, for a contract total of $188,516 for habitat restoration services at Foothills
Park for a term of five years, beginning on July 1, 2013 ending on June 30, 2018.
City of Palo Alto Page 5
Proposal
Description/Number
Name/Number of Proposal here
Proposed Length of Project 60 months
Number of Proposals Mailed 9
Total Days to Respond to
Proposal
30 days
Mandatory Pre-proposal
Meeting Date
Thursday, March 28, 2013 at 10:00 A.M. PST
Number of Company Attendees
at Mandatory Pre-proposal
Meeting
7 companies
Number of Proposals Received: 5 proposals received
Company Name Location (City, State)
1. Loral Landscape Inc San Mateo, Ca
2.Gachina Landscape
Management
Menlo Park, Ca
3. Marina Landscape Livermore, Ca
4. Crossroads Facility Services Sacramento, Ca
5. Acterra Palo Alto, Ca
Timeline
July 1, 2013 through June 30, 2018
Resource Impact
The annual cost for the parks landscape contract has increased by approximately
$212,000 per year (Attachment E). There are several reasons for this increase:
1. There were several parks and facilities that were under construction during the
2010-2013 contract term - The Art Center, Mitchell Park Library and Community
Center, Downtown Library, Mayfield Park and Library, Ventura Community
Center, and the San Antonio Road medians.
2. The Palo Alto landfill closure increased contractor costs. Until 2012, the City’s
contractor was able to dump greenwaste at the composting area at the landfill.
Now the contractor will haul greenwaste at its own expense.
City of Palo Alto Page 6
3. There are 18 pesticide-free sites that are part of the 2013-2018 contract term
that will require additional labor. In the 2010-2013 contract term there was only
one pesticide-free park.
4. The most significant cost increase is due to the fact that the 2010-2013
contractor (Gachina) underestimated its costs for parks (Section C) and City
faciliites (Section D) by approxmiately $195,000 per year. In 2011 Gachina
aknowledged that it had underbid by approximately $200,000 per year, and had
requested to be relieved from the contract. However, City staff did not accede to
that request. Gachina noted in its 2013-2018 bid proposal, “In 2010 we did not
bid enough man hours to cover the scope of work, but we sent out thousands of
additional man hours to keep our reputation solid and fullfil the scope of work.
With this proposal we have added nearly 5,000 man hours per year from the
previous contract.” Staff believes that the City was fortunate to have contract
costs from 2010 to 2013 that were below market rate. Staff also believe that the
five bid proposals (Attachment C) illustrate that Gachina’s 2013-2018 proposal
reflects a fair cost to the City. Gachina is the low bid on nine of the ten sections
of the contract.
It should be noted that 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 2012
Service Effort and Accomplishment Report 91 percent rate the quality of City parks
“good” or “excellent.”
Policy Implications
This recommendation is consistent with current City policies including Program C-19 of
the Community Services element of the Comprehensive Plan: Develop improvement
plans for the maintenance, restoration and enhancement of community facilities, and
keep these facilities viable community assets by investing the necessary resources.
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-Gachina Signed Contract (PDF)
Attachment B - Acterra Signed Contract (PDF)
Attachment C - Bid Tabulation (PDF)
Attachment D -Team Proposal Evaluation Matrices (PDF)
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Attachment E - Comparison Of Bids (PDF)
Attachment F - Budget Amendment Ordinance (DOC)
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1 Rev. July 11, 2011
CITY OF PALO ALTO CONTRACT NO. C14149197A
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 1st day of July, 2013, by and between the CITY OF PALO
ALTO, a California Chartered Municipal Corporation (“CITY”), and ACTERRA: ACTION FOR A
HEALTHY PLANET, a non-profit organization, located at 3921 E. Bayshore Road, Palo Alto, CA 94303,
Telephone Number: (650)962-9876 (“CONTRACTOR”). In consideration of their mutual covenants, the parties
hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services (“Services”) described in the Scope of
Services, attached as Exhibit A.
2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” - Scope of Services “B” - Schedule of Performance
“C” - Compensation
“D” - Insurance Requirements
“E” - Performance and/or Payment Bond
“F” - Liquidated Damages
CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED.
3. TERM.
The term of this Agreement is from July 1, 2013 to June 30, 2018 inclusive, subject to the provisions of
Sections Q and V 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 as 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
X A sum calculated in accordance with the fee schedule set forth in Exhibit C, not to exceed a total
maximum compensation amount of One Hundred Seventy Six Thousand One Hundred Eighty
Three dollars ($176,183.00).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum
compensation set forth above. Any hours worked or services performed by CONTRACTOR for which
payment would result in a total exceeding the maximum amount of compensation set forth above for
performance of the Services shall be at no cost to CITY.
The City has set aside the sum of dollars ($ ) 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
ATTACHMENT B
Rev. July 11, 2011
2
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.
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. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager is: Mark
Ribeiro, Dept.: Community Services, Telephone: (650)496-6910. 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 6 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.
ATTACHMENT B
Rev. July 11, 2011
3
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. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term
of this Agreement, the insurance coverage described in 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 the City’s
Risk Manager. The City’s 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 City’s Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of
coverage satisfactory to CITY’s 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 CITY’s 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
ATTACHMENT B
Rev. July 11, 2011
4
insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this
Agreement.
N. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of
section M 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. The 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 the CONTRACTOR shall not be obligated to indemnify for liability
arising from the sole negligence or willful misconduct of the 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 Contract.
O. 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.
P. 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.
Q. 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, CITY
shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If
the termination if 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.
R. 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 the CITY. No amendments, changes or variations of any kind are authorized without the written
consent of the CITY.
S. 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 Contract. CONTRACTOR further covenants
that, in the performance of this Contract, 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 Contract. CONTRACTOR
agrees to advise CITY if any conflict arises.
ATTACHMENT B
ATTACHMENT B
1
EXHIBIT “A”
Section J
Specification for Habitat
Restoration of Foothills Park
Scope of Services:
Under this agreement, the CONTRACTOR shall, under the direction of the City:
Coordinate all of its activities at the Preserve with the City Manager or designee.
Perform removal and control of non-native, invasive weeds; litter removal;
erosion control; and habitat restoration activities in accordance with an agreed-
upon annual plan. This plan shall include:
o Continue removal of invasive non-native plants in sites previously
established by the Friends of Foothills Park, keeping the cover* of target
invasive weeds to less than 5% over the extent of each site during each
species’ peak growing season. See Exhibit B for additional information.
o Remove yellow starthistle (Centaurea solstitialis) in Wildhorse Valley.
See Exhibit C.
Reduce cover in meadow from approximately 40%, measured at
peak growing season (July-September), by 10% per year.
Reduce cover along roadsides from approximately 70%, measured
at peak growing season (July-September), by 20% per year.
o Remove Italian thistle (Carduus pycnocephalus) from Wildhorse Valley.
See Exhibit C.
Reduce cover in the meadow from approximately 30% at peak
growing season (February through June) by 10% per year.
Reduce cover along the roadsides from approximately 50% at peak
growing season (February through June) by 10% per year.
o Remove poison hemlock (Conium maculatum) from Wildhorse Valley.
See Exhibit C.
Poison hemlock occurs mainly close to or within shrubs and trees
that grow along the perimeter of the meadow, along the road, and
on the south end of the valley. Cover in these areas is
approximately 70%. Reduce the cover by 10% per year. Peak
growing season is December through March.
o Improve natural diversity in Wildhorse Valley where there is a coyote
brush (Baccharis sp.) monoculture. See Exhibit C.
Reduce the 100% cover of coyote brush by 10% per year.
Coppice the coyote brush to create a wildlife corridor by the end of
the term of this agreement.
o Restore existing “social trails” on Vista Hill, Boronda Lake dam, near
Arbolejo Overlook and adjacent to Coyote Trail. Discourage off-trail use
by planting native plants to block the trails and encourage regrowth of
ATTACHMENT B
2
plants to cover the trails. Restore any new social trails as they occur. See
Exhibit D for locations and extents of current social trails.
o Keep Boronda Lake dam clear of nuisance vegetation in accordance with
guidelines from the California Division of Safety of Dams. Inspect the
dam quarterly and remove vegetation as needed. See Exhibit E for
locations and extent.
Remove all woody, deep-rooting plants (e.g., Baccharis sp.) from
the sides of the dam.
Remove all cattails (Typha spp.) from the seep on the western face
of the dam as they appear.
Enhance and maintain the native plant garden at the Interpretive Center.
o Perform regular, quarterly maintenance of the garden that includes
keeping it weed-free and pruning native plants.
o Add interpretive signage to each native plant. The signage shall:
Be of a design approved by the City.
Identify and describe the plant, its uses and its value for use in
private yards (if any).
Be installed near at least one of each plant species.
Be weatherproof, mounted on removable stakes, not to exceed 4.5
x 5.5 inches in size.
Be replaced immediately if damaged, vandalized or weathered.
o Fill in the unused water feature and plant native plants.
Mobilize volunteers for Preserve projects and programs.
o Be the primary organizer of volunteers and volunteer projects.
o Hold regular, bi-monthly volunteer weekend workdays, at least 20 per
year, plus at least 10 additional workdays for organized groups (e.g.,
schools, civic groups, corporate groups). Each workday shall be at least
three hours.
o Target up to 1000 volunteer hours in the first year and increase the hours
by 25% per year during the term of the agreement.
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:
Provide tools, equipment and materials for all projects.
ATTACHMENT B
3
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 Steward must
be pre-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.
* NOTE: “Percent cover” in this agreement is determined by a visual assessment of a
site. It is the percentage that a given species is present at its peak growing season
compared to the total area of the site. Peak growing seasons may be earlier or later based
on weather and other conditions each year. A percent cover visible assessment technique
will be quantifiable and will be identified in the annual work plan.
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.
As of September 1, 2014, 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.
ATTACHMENT B
4
EXHIBIT A
Map Showing Extent of Foothills Park
ATTACHMENT B
5
EXHIBIT B
Project Schedule
Maintenance of Sites Originated by Friends of Foothills Park
Purpose:
To continue removal of invasive non-native plants at specific sites in Foothills Park, so
that we may maintain the level of habitat restoration established by the volunteer group
Friends of Foothills Park.
Scope:
Some sites have been worked for more than 10 years, so invasive species plant cover is
low to moderate (also, cover may vary per site). These sites are to be maintained to less
than 5% cover of the target species. Any of the targeted species may be present at all
sites, so removal is not limited only to the species indicated by site names.
Area:
The total area is 21.38 acres. See breakdown of site sizes at end of this document.
Target Species:
Yellow starthistle (Centaurea solstitialis)
Italian thistle (Carduus pycnocephalus)
French broom (Genista monspessulana)
Poison Hemlock (Conium maculatum)
Methods:
Mechanical or hand removal only to reduce the impact on native species growing in the
area. Mechanical means may include weed whips and weed wrenches depending on
species and time of growing season.
Italian thistle: hand removal early in season, weed whip any dense stands after
adjoining native grasses have set seed.
Yellow starthistle: hand removal early in season; weed whip after adjoining native
grasses and wildflowers have set seed and when thistle has ~5% bloom.
French broom: removal by hand or with weed wrenches.
Poison hemlock: hand removal, mowing, torching (winter only)
Removed plants may remain on-site. If plants have flowered, however, flowering plants
and seed heads must be bagged and taken to a landfill.
ATTACHMENT B
6
Schedule:
The chart below shows idea 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.
J F M A M J J A S O N D
Italian thistle
Yellow starthistle
French broom
Poison hemlock
Locations:
The plots are vary in size and are scattered throughout the park. Most sites are near trails
or roads. Some sites are more remote but can be reached via a combination of paved road
or fire road and trail.
Sites may be viewed online in Google Maps at http://bit.ly/FriendsMap (case sensitive).
This map best shows the individual sites that are referred to (e.g., YST 1, FB 6, etc.).
See following maps.
ATTACHMENT B
7
Exhibit B Map 1: Overview of Foothills Park work sites.
Foothills Park outlined in green. Work zones are outlined in red.
ATTACHMENT B
8
Exhibit B Map 2: Approximate locations of work sites using Foothills Park trail map
ATTACHMENT B
9
Exhibit B Map 3: Zone 1
Yellow Starthistle (yellow) Sites YST 1, 2, 3, 5, 10, 11, 15; and
Italian Thistle (purple) IT 3, 4, 6, 9, 13
Vista Hill, Panorama Trail, roadsides
PARK
ENTRANCE
ATTACHMENT B
10
Exhibit B Map 4: Zone 2
Italian Thistle (purple) IT 1, 2, 5, 10; Yellow Starthistle (yellow) Sites YST 14;
Poison Hemlock (blue) PH 1-3
Las Trampas Valley and Wildhorse Valley
ATTACHMENT B
11
Exhibit B Map 5: Zone 3
Yellow Starthistle (yellow) YST 7 and French Broom (green) Sites FB 1-8
Along Los Trancos Trail
Entry from
Trappers fire
road and Los
Trancos Trail
(upper arrow),
or from Ramona
Rd. in Los
Trancos Woods
(lower arrow)
ATTACHMENT B
12
Friends of Foothills Park Work Sites 2009
Acreage
YELLOW STARTHISTLE ZONE 1
YST 1 4.06 YST 1 4.06
YST 2 1.61 YST 2 1.61
YST 3 0.05 YST 3 0.05
YST 5 0.11 YST 5 0.11
YST 7 1.42 YST 10 1.32
YST 10 1.32 YST 11 2.21
YST 11 2.21 YST 15 0.31
YST 14 1.06 IT 3 trailside
YST 15 0.31 IT 4 trailside
YST Total 12.15 IT 6 0.02
IT 9 0.09
ITALIAN THISTLE IT 13 0.10
IT 1 1.54 9.88
IT 2 1.38
IT 3 trailside
IT 4 trailside ZONE 2
IT 5 same as YST 14 IT 1 1.54
IT 6 0.02 IT 2 1.38
IT 9 0.09 IT 3 trailside
IT 10 0.40 IT 4 trailside
IT 13 0.10 IT 5 same as YST 14
IT Total 3.53 IT 6 0.02
IT 9 0.09
FRENCH BROOM IT 10 0.40
FB 1 0.1 within YST 7 YST 14 1.06
FB 2 0.88 PH 1 0.10
FB 3 1.05 PH 2 0.15
FB 4 0.23 PH 3 0.40
FB 5 0.56 5.03
FB 6 1.02
FB 7 0.47
FB 8 0.84 ZONE 3
FB Total 5.05 FB 1 0.1 within YST 7
FB 2 0.88
POISON HEMLOCK FB 3 1.05
PH 1 0.10 FB 4 0.23
PH 2 0.15 FB 5 0.56
PH 3 0.40 FB 6 1.02
PH Total 0.65 FB 7 0.47
FB 8 0.84
YST 7 1.42
6.47
Total Acreage 21.38 21.38
ATTACHMENT B
13
EXHIBIT C
Wildhorse Valley Sites
Exhibit C Map 1: Yellow area shows site for removal of yellow starthistle, Italian thistle, poison
hemlock. Blue area is coyote brush monoculture that is to be thinned.
ATTACHMENT B
14
EXHIBIT D
Map of Social Trails to be Restored
See http://goo.gl/maps/tLGxe for further details
Exhibit D Map 1: Red lines indicate locations of existing social trails to be restored.
ATTACHMENT B
15
Exhibit D Map 2: Additional social trail on Coyote Trail.
ATTACHMENT B
16
EXHIBIT E
Boronda Lake Dam Area
Exhibit E Map 1: Area to be kept free of nuisance vegetation outlined in green. Blue
polygon is the seep area where cattails are to be removed as they appear.
ATTACHMENT B
17
EXHIBIT B
PROJECT SCHEDULE
Schedule:
The chart below shows idea 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.
J F M A M J J A S O N D
Italian thistle
Yellow starthistle
French broom
Poison hemlock
Native plant garden at the Interpretive Center Schedule:
Quarterly maintenance shall be completed at the native plant garden.
Mobilize volunteers for Preserve Projects Schedule:
Regular bi-monthly volunteer weekend workdays shall be held, at minimum 20 per year.
ATTACHMENT B
18
EXHIBIT C
COMPENSATION
(Services to begin July 1, 2013)
All Payments are based upon City’s acceptance of Contractor’s performance of the
Services. The maximum amount of compensation to the paid to Contractor, over the five
year Term of this Agreement, including both payment for services and reimbursable
expenses, shall not exceed ONE HUNDRED SEVENTY SIX THOUSAND ONE
HUNDRED AND EIGHTY THREE DOLLARS ($176, 183). Any 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 the City.
Compensation for the Five Year Term, payable in Monthly allotments, will be paid out
per as follows:
Year 1 (July 1, 2013 through June 30, 2014) = $33,855
Year 2 (July 1, 2014 through June 30, 2015) = $34,532
Year 3 (July 1, 2015 through June 30, 2016) = $35,223
Year 4 (July 1, 2016 through June 30, 2017) = $35,927
Year 5 (July 1, 2017 through June 30, 2018) = $36,646
TOTAL = $176,183
Specific areas awarded are included in Exhibit C1.
The City will compensate Contractor for Services performed pursuant to the terms and
conditions of this contract and accepted by the City.
ATTACHMENT B
19
EXHIBIT C-1
Contract Award
Section J: Specification for Habitat Restoration of Foothills Park
Work of installing complete work in accordance with the Scope of Services and
specifications detailed within this attachment, herein:
ATTACHMENT B
INSURANCE REQUIREMENTS
Rev. 11/07
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:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT 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
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. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
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
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
ATTACHMENT B
INSURANCE REQUIREMENTS
Rev. 11/07
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.
ATTACHMENT B
“EXHIBIT E1”
CONTRACTOR’S PERFORMANCE SURETY BOND
WHEREAS,the City Council of the City of Palo Alto,State of California (“City”)and ACTERRA:ACTION FOR
A HEALTHY PLANET (“Principal”)have entered into an agreement dated July 1,2013,and identified as Landscape
Services Section J Foothills Park,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 Thirty Three
Thousand Eight Hundred Fifty Five dollars ($33,855.00),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.TheCityisthe principal beneficiary of this
bond and has all rights of a party hereto.
//
//
//
ATTACHMENT B
IN WITNESS WHEREOF,this instrument has been duly executed by the Principal Surety above named on
_______________,20_____.
_______________ PhoneNumber: ______
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 PrintedName 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)
ATTACHMENT B
EXHIBIT “E2”
CONTRACTOR’S PAYMENT (LABOR AND MATERIALS)SURETY BOND
WHEREAS,the City Council of the City of Palo Alto,State of California (“City”)and Acterra:Action
for a Healthy Planet,(“Principal”),have entered into an agreement dated July 1,2013,and identified as
Landscape Services Section J Foothills Park (“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 Title 15 (commencing with Section 3082)of Part 4 of Division 3 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 Thirty Three Thousand Eight Hundred Fifty Five dollars
($33,855.00),this amount being not less than one hundred percent of the total amount payable by the
terms of the Agreement per Civil Code section 3248(a),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 3181 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 3181 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
ATTACHMENT B
accompanying the same.Surety hereby waives the provisions of California Civil Code Sections 2845 and
2849.
IN WITNESS WHEREOF,this instrument has been duly executed by the Surety and Principal above
named on ______________,20___.
__ PhoneNumber: ______________
Name of Surety
__
Signature of Surety
By: Its:
Typed or Printed Name Title
__
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:
Typed orPrinted 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)
ATTACHMENT B
EXHIBIT “F”
SECTION J – FOOTHILLS PARK
LIQUIDATED DAMAGES
Failure of the Contractor to perform the services set forth in Exhibit A will
interfere with the proper implementation of City’s programs to the loss and
damage of City. As it would be impracticable to fix the actual damage City
suffers in the event of any such failure by Contractor to perform the services as
required in Exhibit A, the amount of damage which shall be sustained by City
will be the sum of $500 (Five Hundred dollars) for each and every calendar day
during which said work shall remain uncompleted beyond such time for
completion or approved extension thereof. The City retains the right to deduct
liquidated damages from payments to the extent that the amount of said
liquidated damages based on Contractor’s failure to maintain schedule as
determined by City. In addition, the City may require a tri-party agreement
among the City, the Contractor, and the Contractor’s surety as a condition to
making full payments if the Work is behind schedule, in order to avoid
exoneration of the surety bond or impairment of the surety’s security.
ATTACHMENT B
COST ANALYSIS FOR
RFP 149197
LANDSCAPE MAINTENANCE SERVICE
Vendor
Year 1 Year 2 Year 3 Year 4 Year 5 Total 5yr Total 3yr
Section Description
A Medians and Roadside Strips Loral 163,161 176,214 190,311 205,536 221,979 957,201 529,686
Marina RECINDED BID PROPROSAL 68,998 79,322 79,322 79,322 79,322 386,286 227,642
Acterra No bid No bid No bid No bid No bid No bid no bid
Crossroads(bid does not include cpi increase)356,744 356,744 356,744 356,744 356,744 1,783,720 1,070,232
Gachina 105,129 106,845 111,282 115,053 118,505 556,814 323,256
0
B Parking lots and garages Loral No bid No bid No bid No bid No bid No bid no bid
Marina RECINDED BID PROPROSAL 17,288 19,878 19,878 19,878 19,878 96,800 57,044
Acterra No bid No bid No bid No bid No bid No bid no bid
Crossroads(bid does not include cpi increase)63,056 63,056 63,056 63,056 63,056 315,280 189,168
Gachina 22,037 22,037 22,699 23,379 24,081 114,233 66,773
0
0
C Parks and Fields Loral No bid No bid No bid No bid No bid No bid no bid
Marina RECINDED BID PROPROSAL 415,274 477,407 477,407 477,407 477,407 2,324,902 1,370,088
Acterra No bid No bid No bid No bid No bid No bid no bid
Crossroads(bid does not include cpi increase)572,590 572,590 572,590 572,590 572,590 2,862,950 1,717,770
Gachina 493,416 490,112 508,219 519,393 534,975 2,546,115 1,491,747
0
0
D City Facilities Loral 99,644 104,160 112,492 121,492 131,211 568,999 316,296
Marina RECINDED BID PROPROSAL 93,585 107,588 107,588 107,588 107,588 523,937 308,761
Acterra No bid No bid No bid No bid No bid No bid no bid
Crossroads (bid does not include cpi increase)143,420 143,420 143,420 143,420 143,420 717,100 430,260
Gachina 103,108 107,171 110,386 113,894 117,517 552,076 320,665
0
0
E Utility Sites Loral 40,200 43,416 46,889 50,640 54,691 235,836 130,505
Marina RECINDED BID PROPROSAL 12,327 14,171 14,171 14,171 14,171 69,011 40,669
Acterra No bid No bid No bid No bid No bid No bid no bid
Crossroads (bid does not include cpi increase)24,270 24,270 24,270 24,270 24,270 121,350 72,810
Gachina 24,780 24,780 25,523 26,289 27,078 128,450 75,083
0
0
F Tennis Courts/Basketball Courts Loral No bid No bid No bid No bid No bid No bid no bid
COST ANALYSIS FOR
RFP 149197
LANDSCAPE MAINTENANCE SERVICE
Marina RECINDED BID PROPROSAL 2,956 3,394 3,394 3,394 3,394 16,532 9,744
Acterra No bid No bid No bid No bid No bid No bid no bid
Crossroads(bid does not include cpi increase)19,779 19,779 19,779 19,779 19,779 98,895 59,337
Gachina 11,880 11,880 12,236 12,603 12,982 61,581 35,996
0
0
G Cubberley Loral 61,020 65,902 71,174 76,868 83,017 357,981 198,096
Marina RECINDED BID PROPROSAL No bid No bid No bid No bid No bid No bid No bid
Acterra No bid No bid No bid No bid No bid No bid No bid
Crossroads No bid No bid No bid No bid No bid No bid No bid
Gachina 65,293 65,293 67,252 69,270 71,348 338,456 197,838
0
0
H Regional Water Quality Control Plant Loral No bid No bid No bid No bid No bid No bid No bid
Marina RECINDED BID PROPROSAL No bid No bid No bid No bid No bid No bid No bid
Acterra No bid No bid No bid No bid No bid No bid No bid
Crossroads(bid does not include cpi increase)36,532 36,532 36,532 36,532 36,532 182,660 109,596
Alternate A 34,514 34,514 34,514 34,514 34,514 172,570 103,542
Alternate B 35,523 35,523 35,523 35,523 35,523 177,615 106,569
Gachina 5,475 8,360 10,084 10,689 11,330 45,938 23,919
Alternate A 4,755 7,640 9,342 9,903 10,497 42,137 21,737
Alternate B 5,175 7,880 9,589 10,165 10,755 43,564 22,644
0
0
I Byxbee Park Loral 30,780 33,242 35,902 38,774 41,876 180,574 99,924
Marina RECINDED BID PROPROSAL No bid No bid No bid No bid No bid No bid No bid
Acterra No bid No bid No bid No bid No bid No bid No bid
Crossroads(bid does not include cpi increase)23,101 23,101 23,101 23,101 23,101 115,505 69,303
Gachina 26,730 26,730 27,532 28,358 29,209 138,559 80,992
0
0
J Foothills Park Loral 35,600 36,668 37,768 38,901 40,068 189,005 110,036
Marina RECINDED BID PROPROSAL No bid No bid No bid No bid No bid No bid No bid
Acterra 33,855 34,532 35,223 35,927 36,646 176,183 103,610
lowest Crossroads No bid No bid No bid No bid No bid No bid No bid
second Gachina No bid No bid No bid No bid No bid No bid No bid
highest 857,848 863,208 895,213 918,928 947,025 4,482,222 2,616,269
COST ANALYSIS FOR
RFP 149197
LANDSCAPE MAINTENANCE SERVICE
Five Year Totals lowest
A Loral 957,201 second
Marina 386,286 RECINDED BID PROPOSAL highest
Acterra No bid
Crossroads 1,783,720 year 4&5 will have cpi increase
Gachina 556,814
B Loral no bid
Marina 96,800 RECINDED BID PROPOSAL
Acterra no bid
Crossroads 315,280 year 4&5 will have cpi increase
Gachina 114,233
C Loral no bid
Marina 2,324,902 RECINDED BID PROPOSAL
Acterra no bid
Crossroads 2,862,950 year 4&5 will have cpi increase
Gachina 2,546,115
D Loral 568,999
Marina 523,937 RECINDED BID PROPOSAL
Acterra no bid
Crossroads 717,100 year 4&5 will have cpi increase
Gachina 552,076
E Loral 235,836
Marina 69,011 RECINDED BID PROPOSAL
Acterra no bid
Crossroads 121,350 year 4&5 will have cpi increase
Gachina 128,450
F Loral no bid
Marina 16,532 RECINDED BID PROPOSAL
Acterra no bid
Crossroads 98,895 year 4&5 will have cpi increase
Gachina 61,581
COST ANALYSIS FOR
RFP 149197
LANDSCAPE MAINTENANCE SERVICE
G Loral 357,981
Marina no bid
Acterra no bid
Crossroads no bid
Gachina 338,456
H Loral no bid
Marina no bid RECINDED BID PROPOSAL
Acterra no bid
Crossroads 182,660 year 4&5 will have cpi increase
Gachina 45,938
I Loral 180,574
Marina no bid RECINDED BID PROPOSAL
Acterra no bid
Crossroads 115,505 year 4&5 will have cpi increase
Gachina 138,559
J Loral 189,005
Marina no bid RECINDED BID PROPOSAL
Acterra 176,183
Crossroads no bid
Gachina no bid
Comparison for 3 years
Gachina Gachina Loral Acterra
Current 3 year term Proposed 3 year term Current 3 year term Proposed 3 year term
Medians and Roadside Strips 353,579 323,256
Parking lots and garages 58,858 66,773
Parks and Fields 985,887 1,491,747
Mayfield closed for 5 months
City Facilities 240,889 320,665
Mitchell Community Center/Library closed
Utility Sites 66,451 75,083
- water quality
Tennis Courts/Basketball Courts 33,527 35,996
Water Quality 21,335 23,919
Byxbee Park 48,443 80,992
Cubberley 197,838 171,100
Foothill Park 103,854 103,610
Total for three years 1,808,969 2,616,269 274,954 103,610
Total cost for current and proposed 3 years 2,083,923 2,719,879
Difference between current and proposed 635,956
Cost increase per year for 3 years 211,985
ORDINANCE NO.xxxx
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2014 TO
PROVIDE AN APPROPRIATION OF $226,838.95 FROM THE
BUDGET STABILIZATION RESERVE FOR PARK MAINTENANCE
THROUGHOUT THE CITY.
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article III of
the Charter of the City of Palo Alto, the Council on June 10, 2013
did adopt a budget for fiscal year 2014; and
B. From fiscal year 2010 through 2013 landscape maintenance
services for parks, City facilities, libraries, medians and
roadside strips, parking lots and garages, utility substations and
well sites, tennis court cleanings, Cubberley Community Center,
Regional Water Quality Control Plant, and Byxbee Park vegetation
were performed by Gachina Landscape Management under a three year
contract; and
C. The City of Palo Alto issued a request for proposal in
March 2013 seeking proposals from qualified firms to continue the
services described above and to perform habitat restoration of
Foothills Park; and
D. Following a formal solicitation process, Gachina was
selected to provide landscape maintenance services for parks, City
facilities, libraries, medians and roadside strips, parking lots
and garages, utility substations and well sites, tennis court
cleanings, Cubberley Community Center, Regional Water Quality
Control Plant,and Byxbee Park vegetation; and
E. Following a formal solicitation process, Acterra was
selected to perform additional park maintenance throughout the
City; and
ATTACHMENT F
F. An appropriation of Two Hundred Twenty-Six Thousand Eight
Hundred Twenty-Three Dollars and Ninety-Five Cents ($226,823.95) is
needed to fund the contract; and
G. City Council authorization is needed to amend the 2014
budget as hereinafter set forth.
SECTION 2. The sum of Two Hundred Twenty-Six Thousand Eight
Hundred Twenty-Three Dollars and Ninety-Five Cents ($226,823.95) is
hereby appropriated to the Community Services Department operating
budget and the General Fund Budget Stabilization Reserve is
correspondingly reduced.
SECTION 3. The General Fund Budget Stabilization Reserve is
hereby reduced by Two Hundred Twenty-Six Thousand Eight Hundred
Twenty-Three Dollars and Ninety-Five Cents ($226,823.95) to Thirty
Million Eighty One Thousand Dollars ($30,081,000).
SECTION 4. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective upon
adoption.
SECTION 6. The actions taken in this ordinance do not
constitute a project requiring environmental review under the
California Environmental Quality Act (CEQA).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
_________________________
City Clerk
__________________________
Mayor
APPROVED AS TO FORM:
_________________________
Senior Assistant City
Attorney
__________________________
City Manager
__________________________
Director of Public Works
__________________________
Director of Administrative
Services