Agenda packet — Palo Alto City Council, October 2, 2023 (part 1 of 3)

CITY COUNCIL
Regular Meeting
Monday, October 02, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person.

Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.

VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.

PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.

TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

CALL TO ORDER
This meeting will be called to order in honor of Italian‐American Heritage and Culture Month and Cybersecurity Awareness Month.

SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)

1. Proclamation Recognizing National Fire Prevention Week ‐ October 8‐14 2023 AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:35 ‐ 5:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 5:55 PM) Members of the public may not speak to the item(s).

STUDY SESSION

2. Request for Pre‐Screening of Application to Amend the Development Agreement and South of Forest Area Phase 1 Coordinated Area Plan for 260 Homer Avenue that Currently Restricts the Amount of Space that One or More Commercial Office Tenants can Occupy at the Property. Zoning District: AMF (MUO). CEQA Status: Not a Project. Item Removed Off Agenda
CONSENT CALENDAR (5:55 ‐ 6:00 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.

3. Approval of Minutes from September 11, 2023 and September 12, 2023 Meetings

4. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2022 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project

5. Authorization to Amend the Existing Contract for Litigation Defense Services with the Law Firm of Liebert Cassidy Whitmore (Contract S20178997) to Increase the Not‐ to‐ Exceed Amount to $110,000 and Extend the Term to December 31, 2023; CEQA – Not a Project

6. Approve Three Contracts for Landscape Maintenance Services: 1) a Five‐year Contract with BrightView Landscape Services, Inc., in the Amount of $12,288,093; 2) a Five‐year Contract with Gachina Landscape Management, Inc., in the Amount of $516,740; and 3) a Five‐year Contract with Grassroots Ecology in the Amount of $529,459 for Specification for Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration; Approval of Contract Amendment No. 2 to Contract C18170810A with BrightView Landscape Services, Inc. to increase the Not to Exceed amount by $75,152 to provide weekend services for a three‐month contract extension; and Approval of Budget Amendments in Multiple Funds (2/3 vote required) as Recommended by the Finance Committee; CEQA status ‐ Categorically exempt per regulation 15301 (existing facilities) and 15304 (minor alterations).

7. Approval of a SaaS Agreement C23188925 with Accela for an Amount Not‐to‐Exceed $1,143,563 for Online Planning and Building Permitting and Enhanced Reporting System for a Period of Three‐Years and Authorization of a 10% Contract Contingency in an Amount Not‐to‐Exceed $114,356; CEQA Status ‐ Not a Project

8. SECOND READING: Adoption of Ordinances Rezoning the Properties Located at 340‐404 Portage Avenue, 200‐404 Portage Avenue/3040‐3200 Park Boulevard, 3201‐3225 Ash Street, 3250 Park Boulevard, and 278 Lambert Avenue from RM‐30 to Planned Community (PC); and Adoption of an Ordinance Approving a Development Agreement with SI 45, LLC for the 14.65‐Acre Property Located at 200‐404 Portage Avenue, 3040‐3250 Park Boulevard, 3201‐3225 Ash Street, and 278 Lambert Avenue. CEQA Status – EIR certified by Council Resolution 10123 (SCH #2021120444)

9. SECOND READING: Ordinance Creating New Chapter 12.11 (Parklets) and Amending Certain Sections of Titles 16 and 18 (FIRST READING: September 11, 2023 PASSED 7‐0)

10. SECOND READING: Ordinance Approving a Development Agreement with SI 45, LLC, for the 14.65‐acre Property at 200‐404 Portage Avenue, 3040‐3250 Park Boulevard, 3201‐ 3225 Ash Street, and 270 Lambert Avenue (FIRST READING: September 12, 2023 PASSED 7‐0)

11. SECOND READING: Ordinance Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 340‐404 Portage Avenue from Multiple Family Residential (RM‐30) to PC Planned Community Zone (FIRST READING: September 12, 2023 PASSED 7‐0)
CITY MANAGER COMMENTS (6:00 ‐ 6:15 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 12: 6:25 ‐ 7:25 PM, Item 13: 7:25 ‐ 8:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.

12. Receive the Human Relation Commission’s Recommendations on the Evaluation and Celebration of Additional Dates to Advance Race & Equity, Including Through City Recognition and City Paid Holidays and Provide Direction to Staff on Further Actions.

CEQA status – not a project.

13. Proposed Amendments to Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.04 (Definitions), 18.10 (Low‐Density Residential), 18.12 (R‐1 Zones), 18.13 (Multiple Family Residential Zones),18.40 (General Standards and Exceptions), and 18.54 (Parking Facilities Design Standards) to Facilitate Implementation of Green Building Standards, Including Noise Standards and Placement of Obstructions Within Garages and Exterior Setback Encroachments for Electrification Equipment Such as Heat Pumps, Energy Storage Systems and Electric Vehicle Charging Stations, and to Title 9 (Public Peace, Morals and Safety) Chapter 9.10 (Noise) to Facilitate the Installation of Electrification Equipment for Residential Development as Recommended by the Planning and Transportation Commission. CEQA Status – Exempt under CEQA Guidelines sections 15061(b)(3) and 15301.

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

14. Sales Tax Digest Summary Calendar 2023 Q1 (January 2023 – March 2023) OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee October 3, 2023 CANCELED
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS

2. Request for Pre‐Screening of Application to Amend the Development Agreement and South of Forest Area Phase 1 Coordinated Area Plan for 260 Homer Avenue that Currently Restricts the Amount of Space that One or More Commercial Office Tenants can Occupy at the Property. Zoning District: AMF (MUO). CEQA Status: Not a Project. Item Removed Off Agenda
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.

You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.

CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.

1 Regular Meeting October 02, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.

CALL TO ORDER
This meeting will be called to order in honor of Italian‐American Heritage and Culture Month and Cybersecurity Awareness Month.

SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 5:55 PM) Members of the public may not speak to the item(s).

STUDY SESSION

3. Approval of Minutes from September 11, 2023 and September 12, 2023 Meetings

4. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2022 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project

9. SECOND READING: Ordinance Creating New Chapter 12.11 (Parklets) and Amending Certain Sections of Titles 16 and 18 (FIRST READING: September 11, 2023 PASSED 7‐0)

CEQA status – not a project.

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

2. Request for Pre‐Screening of Application to Amend the Development Agreement and South of Forest Area Phase 1 Coordinated Area Plan for 260 Homer Avenue that Currently Restricts the Amount of Space that One or More Commercial Office Tenants can Occupy at the Property. Zoning District: AMF (MUO). CEQA Status: Not a Project. Item Removed Off Agenda
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

2 Regular Meeting October 02, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.

CALL TO ORDER
This meeting will be called to order in honor of Italian‐American Heritage and Culture Month and Cybersecurity Awareness Month.

SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 5:55 PM) Members of the public may not speak to the item(s).

STUDY SESSION

3. Approval of Minutes from September 11, 2023 and September 12, 2023 Meetings

4. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2022 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project

9. SECOND READING: Ordinance Creating New Chapter 12.11 (Parklets) and Amending Certain Sections of Titles 16 and 18 (FIRST READING: September 11, 2023 PASSED 7‐0)

CEQA status – not a project.

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

2. Request for Pre‐Screening of Application to Amend the Development Agreement and South of Forest Area Phase 1 Coordinated Area Plan for 260 Homer Avenue that Currently Restricts the Amount of Space that One or More Commercial Office Tenants can Occupy at the Property. Zoning District: AMF (MUO). CEQA Status: Not a Project. Item Removed Off Agenda
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

3 Regular Meeting October 02, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.

CALL TO ORDER
This meeting will be called to order in honor of Italian‐American Heritage and Culture Month and Cybersecurity Awareness Month.

SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 5:55 PM) Members of the public may not speak to the item(s).

STUDY SESSION

3. Approval of Minutes from September 11, 2023 and September 12, 2023 Meetings

4. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2022 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project

9. SECOND READING: Ordinance Creating New Chapter 12.11 (Parklets) and Amending Certain Sections of Titles 16 and 18 (FIRST READING: September 11, 2023 PASSED 7‐0)

CEQA status – not a project.

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

2. Request for Pre‐Screening of Application to Amend the Development Agreement and South of Forest Area Phase 1 Coordinated Area Plan for 260 Homer Avenue that Currently Restricts the Amount of Space that One or More Commercial Office Tenants can Occupy at the Property. Zoning District: AMF (MUO). CEQA Status: Not a Project. Item Removed Off Agenda
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

4 Regular Meeting October 02, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.

CALL TO ORDER
This meeting will be called to order in honor of Italian‐American Heritage and Culture Month and Cybersecurity Awareness Month.

SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:35 PM)

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:50 ‐ 5:55 PM) Members of the public may not speak to the item(s).

STUDY SESSION

3. Approval of Minutes from September 11, 2023 and September 12, 2023 Meetings

4. Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2022 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project

9. SECOND READING: Ordinance Creating New Chapter 12.11 (Parklets) and Amending Certain Sections of Titles 16 and 18 (FIRST READING: September 11, 2023 PASSED 7‐0)

CEQA status – not a project.

ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

2. Request for Pre‐Screening of Application to Amend the Development Agreement and South of Forest Area Phase 1 Coordinated Area Plan for 260 Homer Avenue that Currently Restricts the Amount of Space that One or More Commercial Office Tenants can Occupy at the Property. Zoning District: AMF (MUO). CEQA Status: Not a Project. Item Removed Off Agenda
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written public comments may be submitted by email to [email protected].

2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.

You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.

5 Regular Meeting October 02, 2023
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.

City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: Fire
Meeting Date: October 2, 2023
Report #:2309-2016
TITLE
Proclamation Recognizing National Fire Prevention Week - October 8-14 2023

ATTACHMENTS
Attachment A: Fire Prevention Week 2023 Proclamation
APPROVED BY:

Geoffrey Blackshire
Item 1
Item 1 Staff Report

Item 1: Staff Report
Pg.
1 Packet Pg. 6 of 638

Proclamation

Fire Prevention Week 2023
WHEREAS, the City of Palo Alto is committed to ensuring the safety and security of all those living in, working in, and visiting the community; and
WHEREAS, cooking is the leading cause of home fires, with nearly half of all home fires involving cooking equipment; cooking is also the leading cause of home fire injuries; unattended cooking is the leading cause of home cooking fires and half of the related deaths; and WHEREAS, all household members should develop and practice a home fire escape plan that includes two exits from every room in the home; a path to the outside from each exit; smoke alarms in all required locations; and a meeting place outside where everyone in the home will meet upon exiting; and
WHEREAS, the City of Palo Alto Fire Department first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and education; and WHEREAS, the 2023 Fire Prevention Week theme, “Cooking safety starts with YOU! Pay attention to fire prevention” effectively serves to educate the public about simple but necessary steps they can take to help reduce the risk of fire when cooking at home, keeping themselves and those around them safe.

NOW, THEREFORE, I, Lydia Kou, Mayor of the City of Palo Alto, on behalf of the entire City Council, do hereby proclaim October 8-14, 2023, as Fire Prevention Week throughout this community and urge all the people of Palo Alto to participate in the many public safety activities and efforts of the City of Palo Alto Fire and Emergency Services during Fire Prevention Week 2023.

PRESENTED: October 2, 2023

__________________________
Lydia Kou
Mayor
Item 1
Attachment A - Fire
Prevention Week 2023
Proclamation

Item 1: Staff Report
Pg.
2 Packet Pg. 7 of 638

City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: Planning and Development Services
Meeting Date: October 2, 2023
Report #:2308-1964
TITLE
Request for Pre-Screening of Application to Amend the Development Agreement and South of Forest Area Phase 1 Coordinated Area Plan for 260 Homer Avenue that Currently Restricts the Amount of Space that One or More Commercial Office Tenants can Occupy at the Property.

Zoning District: AMF (MUO). CEQA Status: Not a Project.

RECOMMENDATION
Staff recommends that Council conduct a pre-screening and provide informal comments regarding the applicant’s request to amend the South of Forest Area Phase 1 Coordinated Area Plan (SOFA 1) and Development Agreement at 260 Homer Avenue. Comments provided during the prescreening process are not binding on the City or the applicant.

EXECUTIVE SUMMARY
This pre-screening is a request by the applicant to remove the 10,000 square foot (sf) office tenant occupancy limitation established by the SOFA 1 development agreement between the City of Palo Alto and Palo Alto Medical Foundation and the limitation within the South of Forest Area Phase One (SOFA 1) Plan. The applicant has an existing tenant that wishes to grow in place in Palo Alto but is limited by these provisions; absent searching for another space to occupy. There are no other physical changes proposed to the site, and the agreement would remain unchanged outside of how much space a single occupant could occupy in the AMF (MUO) district.

BACKGROUND
In 1991, the City of Palo Alto (City) and the Palo Alto Medical Foundation (PAMF) entered into a Development Agreement (Palo Alto Ord. 4050) with respect to certain PAMF property in Downtown Palo Alto, upon which PAMF intended to develop an expanded medical clinic and medical research facility. That agreement was amended twice, in 1996 and then in 2000, when the PAMF developed its current facility at Urban Lane (Palo Alto Ord. 4332 and 4627, respectively). As a result of PAMF leaving the Downtown Area in the late 1990s, the City engaged with the PAMF, residents, and businesses to develop the South of Forest Area Phase 1 (SOFA I) and Phase 2 (SOFA II) Coordinated Area Plans to guide development within the area. This resulted in the creation of Heritage Park, retention of historic buildings (such as the French Laundry and Item 2
Item 2 Staff Report

Item 2: Staff Report
Pg.
1 Packet Pg. 8 of 638

Roth buildings), construction of the Oak Court Apartments, as well as other housing projects and public benefits.

The project site is located within the boundaries of the SOFA I Coordinated Area Plan and is the only site designated as “Attached Multi-Family (AMF) with a Mixed-Use Overlay (MUO).” In addition to the allowable uses of the AMF district, the MUO applies the following additional restriction:

1. Medical, Professional, and General Business Offices, provided that:
a. No single user may occupy more than 10,000 useable square feet of office area.

As a part of the amended development agreement in 2000, the permitted uses for the project refer directly to the uses in the AMF (MUO) zone district. Although the MUO specifies a 10,000 sf maximum for a single tenant, the development agreement also includes a limitation. The provision states, “There shall be no single tenant that occupies more than one-third of the net useable office space” and places a limit of 96 workstations for the non-residential square footage.

In 2007, the applicant filed an application to remove these provisions from the development agreement and MUO regulations in the SOFA I document. The applicant sought additional flexibility when selecting tenants that want to expand in place or have a larger footprint than could be accommodated within 10,000 sf. At the time, the applicant had offered to remove Medical Office as a permitted use in the MUO regulations, due to concerns that medical offices would create higher volumes of in-and-out traffic as compared to other office uses. Ultimately the applicant withdrew that application. Staff notes the administrative record did not include strong opposition from City staff or the Planning and Transportation Commission (PTC) to the changes proposed at that time.

ANALYSIS
Researching the discussions and decision-making behind the adopted policies and development standards for SOFA I is challenging. Many of those discussions took place in the working group forum over two decades ago and were not formally recorded. In the meeting minutes of the February 9, 2000 PTC meeting, Commissioners commented on the neighborhood’s desires to limit commercial uses, keep these uses in scale with the neighborhood, and keep the “homey” street frontage. Commissioners that attended the September 26, 2007 PTC meeting recollected that these were concerns from residents at the time for this site.

Staff reviewed Commission meeting minutes in 2000 and 2001, and discussions regarding the mixed-use concepts in SOFA 1, along with general support of the development that was then constructed at the project site. The SOFA 1 plan notes that Mixed Use Districts were established to allow additional office development beyond the .4:1 Floor Area Ratio (FAR) and 5,000 sf office limit set forth in the CD-S zoning district, in exchange for additional housing – this is noted in the SOFA 1 plan. The CD-S and CD-N districts at the time (and to this day) limited new office uses to 5,000 sf and prohibited the conversion of other uses to office use once the office square footage, or 'any combination of such uses on a site’ has reached 5,000 sf. The rationale for increasing the limitation from 5,000 sf to 10,000 sf was to “encourage housing and employment near downtown Item 2
Item 2 Staff Report

Item 2: Staff Report
Pg.
2 Packet Pg. 9 of 638

transit and services.” Staff could not locate any minutes that explored a potential higher limit than 10,000 sf for the SOFA 1 plan area. Such limitations on office sf are typically established to control the scale of office use near smaller buildings having non-office uses. At the time Council adopted the SOFA 1 plan, there had been a ‘dot-com boom’ of office space increases in Palo Alto that some have argued was detrimental to smaller retail businesses; this led to the placement of zoning restrictions on the size of office spaces on commercially zoned property in Palo Alto in 2001.

As noted earlier in the staff report, this property is currently the only AMF site with a MUO combining district located in SOFA I. There would be no physical changes made to the exterior of the structure to accommodate the applicant’s requested modifications to the development agreement and SOFA Phase I document. However, a larger tenant could have an outsized presence and may affect the perceived scale of the neighborhood. Throughout the SOFA I and II documents, the City highlighted the importance of future development having a residential scale.

POLICY IMPLICATIONS
Pre-screenings are intended to solicit early feedback on proposed projects and, like all study sessions cannot result in any formal action. Therefore, informal comments from Councilmembers would not impart policy. Council’s feedback on key requests such as eliminating the tenant square footage limitation and appropriateness of larger tenants in the area will help to inform whether there is interest in pursuing this modification to the development agreement between the City and PAMF and development standards in the SOFA I document. A modification to the SOFA development standards, if approved, may have policy implications that would encourage similar requests.

FISCAL/RESOURCE IMPACT
There is no significant fiscal or resource impact associated with the recommendation in this report.

TIMELINE
Following the prescreening review, the applicant will consider Council’s comments and determine how they want to proceed. Any formal application to modify the SOFA I document would be subject to the PTC and Council’s purview.

STAKEHOLDER ENGAGEMENT
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on September 22, 2023, which is 10 days in advance of the meeting. Postcard mailing occurred on September 18, 2022, which is 14 days in advance of the meeting. No public comments have been received since the filing of this application.

Item 2
Item 2 Staff Report

Item 2: Staff Report
Pg.
3 Packet Pg. 10 of 638

ENVIRONMENTAL REVIEW
The prescreening is a preliminary review process in which Councilmembers may provide comments, but no formal action will be taken. Therefore, no review under the California Environmental Quality Action (CEQA) is required at this time. A full review in accordance with CEQA would be initiated with the formal filing of a development application.

ATTACHMENTS
Attachment A – Location Map
Attachment B – Applicant’s Project Description
Attachment C – Applicant’s Office Market Analysis
Attachment D - SOFA I Plan Boundary
Attachment E – Project Plans
APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 2
Item 2 Staff Report

Item 2: Staff Report
Pg.
4 Packet Pg. 11 of 638

6 6
6 7
Roth_Building
Lanning
Chateau
Downtown_ Library
ty Hall & PAPD
St Thomas_Aquinas Church
eBank
y_Center
dar Terraces_Condominium
Williams _Property
225
.0'
250.0'
112.5'

25.0'
112.5'
225.0'

50.0'
112
.5'

50.0'
112.5'
105.0'

65.0'

84.6'

50.0'
100.0'

50.0'
100
.0'

50.0'
100.0'

50.0'
100
.0'

50.0'
100.0'

50.0'
100
.0'

50.0'
100.0'

50.0'
100
.0'

50.0'
100.0'

50.0'
100
.0'

50.0'
100.0'

50.0'
100
.0'

50.0'
100.0'
170.0'
150
.0'
200.0'
100.0'

30.0'

50.0'

37.5'
100.

37.5'
100.0'
100.0'

50.0'

50.0'
100.0'

50.0'
112.5'
50 150
.0'
150.0'

50.0'
150
.0'

50.0'
150.0'

50.0'
150
.0'

50.0'
150.0'
200.0'

50.0'
200.0'

50.0'
100
.0'
200.0'

50.0'
100
.0'

50.0'
100.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
100
.0'
200.0'
145.0'
112
.5'145.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'
100.0'
125
.0'
100.0'
125.0'
150.0'
165.0'

50.0'

60.0'

75.0'

45.0'

75.0'

45.0'

50.0'
100.2'

36.3'
100
.2'
3 100.2'

76.2'
100
.2'

76.2'
100.2'

50.0'

45.0'
112
.5'

45.0'
112.5' 45.0'
112
.5'

45.0'
112.5' 45.0'
112
.5'
112.5'

75.0'

48.0'

75.0'

41.0'

75.0'

41.0'

75.0'

41.0'

75.0'

41.0'

37.5'
112
.5'

37.5'
112.5'

37.5'
112
.5'

37.5'
112.5'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

87.5'
112
.5'

87.5'
112.5'
112.5'
112.5'

56.0'
112.5'

56.5'

56.0'

37.5'
112.5'
37 112.5'

37.5'
112.5'

50.0'

37.5'

50.0'

50.0'
112
.5'

50.0'
112.5'

7.0'
225.0'
218
.0'
100.0'

34.0'
100.0'

34.0'

50.0'
112
.5'

50.0'
112.5'

75.0'
112
.5'

75.0'
112.5'

57.0'
112
.5'

57.0'
112.5'
100.0'

25.0'
100.0'

66.0'
100.0'

50.0'
100.0'

50.0'
200.0'
105
.0'
200.0'
105.0'

50.0'
105
.0'

50.0'
112
.5'

50.0'
112.5'
100.0'
100
.0'
100.0'
100.0'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'

50.0'
225
.0'

50.0'
225.0'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'
100.0'
100
.0'
200.0'
112
.5'
100.0'

12.5'
100.0'
125.0'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'
100.0'

37.5'
100.0'

37.5'
100.0'
100
.0'
100.0'
100.0'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
150.0'
125
.0'
100.0'

12.5'

50.0'
112.5'
200.0'
112
.5'
100.0'

12.5'
100.0'
125.0'
200.0'
112
.5'
100.0'

12.5'
100.0'
125.0'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'

75.0'

25.0'
100.0'

87.5'
175.0'
112.5'
100.0'
100
.0'
100.0'
100.0'
100.0'
100
.0'
100.0'
100.0'
100.0'
100
.0'
100.0'
100.0'
100.0'
100
.0'
100.0'
100.0'
100.0'
100
.0'
100.0'
100.0'
100.0'
100
.0'
100.0'
100.0'
100.0'
100
.0'
100.0'
100.0'
100.0'
100
.0'
100.0'
100.0'

37.5'
112
.5'

37.5'
112.5'

37.5'
112
.5'

37.5'
112.5'

50.0'
112
.5'

50.0'
112.5'

75.0'
112
.5'

75.0'
112.5'

37.5'
112
.5'

37.5'
112.5'
137.5'
112
.5'

12.5'
112
.5'
150.0'
225.0'

6.0'
200.0'
150
.0'
200.0'
150.0'
150.0'
100
.0'
150.0'
100.0'
230.0'

50.0'

30.0'
100
.0'
200.0'
150.0'
150.0'
105
.5'
150.0'
105.5'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
200.0'
150
.0'
200.0'
150.0'
105.

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

0.0'
112.5'
150.0'
1 150.0'
218.0'
218.0'
100.0'
112
.5'
100.0'
112.5'

50.0'
112
.5'

50.0'
112.5'
100.0'
112.5'
100.0'
112.5'50.0'
105
.5'

50.0'
105.5'

50.0'
105
.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'

50.0'
218
.0'
100.0'
112.5'

50.0'
105.5'
100.0'
100
.0'
100.0'
100.0'
250.0'
112.5'
124.8'

56.3'
100.0'

56.2'
100.0'
112.5'

56.0'
112.5'

56.0'
187.5'
112
.5'
187.5'
112.5'

25.0'
112
.5'

25.0'
112.5'
100.0'
100
.0'
100.0'
100.0'

50.0'
112
.5'

50.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

43.0'
112
.5'

43.0'
112.5'
105.0'

56.3'
105.0'

56.3'
112.5'

56.5'
112.5'

56.5'
100.0'
112
.5'
100.0'
112.5'
100.0'
112
.5'
100.0'
112.5'

95.0'
112
.5'

95.0'
112.5'

50.0'
112
.5'

50.0'
112.5'

55.0'
112
.5'

50.0'

56.3'

5.0'

56.3'
125.0'
105
.0'125.0'
0 50.0'
100.0'

50.0'
100.0' 110.0'
229.8'
270
.2'
210.0'
500.0'

38.0'
115.0'

38.0'

38. 115.1'

38.0'
115
.0'

38.0'
114.8'

38.0'
114
.8'

38.0'
114.8'

38.0'
114
.8'
114.8'

38.0'
114
.8'

38.0'
1148

50.1'

84.5'

50.1'

84.5'

62.4'

84.5'

62.4'

84.5'
112.5'

28.0'

12.5'1.5'
100.0'

29.5'
100.0'

30.7'
100.0'

30.7'

50.0'

55.0'

50.1'

55.0'

50.1'

54.4'

50.1'

55.0'

50.1'

55.5'

50.0'

55.0'
100.0'

50.0'
100.0'
150.0'
250.0'
114.0'
110.0'

40.0' 50.0'
100.0'
150.0'
250.0'
114.0'
110.0'

40.0' 50.0'
100.0'
150.0'
250.0'
114.0'
110.0'
100.0'

50.0'
100.0'

50.0'
250.0'110.0'
400.0'
400.0'
105.0'
150.0'

80.3'

50.0'

50.0'
100.0'
100.0'

37.5'
112.5'
112.5'
225.0'
150.0'

86.0'
110.0'
110.0'

86.0'
250.0'
114.0'
110.0'

40.0' 50.0'
150.0'
250.0'
114.0'
110.0'

40.0'

40.0' 50.0'
100.0'
150.0'
250.0'
114.0'
110.0'

40.0' 50.0'
100.0'
150.0'
114.0'

40.0' 50.0'
100.0'
150.0'
250.0'
114.0'
110.0'

40.0' 50.0'
100.0'
250.0'
114.0'
110.0'

40.0' 50.0'
100.0'
150.0'

65.0'
150.0'
150.0'

84.6'
150.0'
150.0'
927
927A
932
233
933-937
702-
730
220-244
744731
755
740-746
275
270
255
741 265
724
730
707
650-654
661
635
690
675
734
724-730
720
712
704
360
351
315
737
332
300
735
849
847
842
828
820
791
153
774
761745
201
209
834
836
845
895
926
759
848
918
903
903A
210
727
733
214
350
800
806
807
821
420
424
911
918
936
936A 940
2 423
425
729
733-743
826
828
920
949
943941
372
152
140
808
945
260
840
642
257
433-457
218
64 819
801
734
723
721
757
771
200
732
762-
776
650
385
365
375
345
664
325
400
745
385
744
795
10 248
230-232
212
825
829
833
839
800
812
818
882
165
831
801
815
809
190
934
942
948
209
219
225
929
200
904
910
926
270
935
904
909
909A
223-239
302
324
340
751
325
832A 832
842A 8
351
355A 355
359A 359
363A 363
367A 367
241
919A
919
264
824
161
159
157
727
206
739
643
700
756 -
760
151 160

EMERSON STREET

HOMER AVENUE
ENUE

GILMAN STREET
BR

YANT STREET

FOREST AVENUE
E
BR

YANT STREET

RAMONA STREET
B
ENUE
WAVERL

EY STRE
ET

BRYANT STREET

HOMER AVENUE

WAVERLEY ST

CHANNINGA

RAMONA STREET

RAMONA STREET
T
EME

RSON STREET

EMERSON STRE

HIGH STREET
EN
UE
LAN

CHANNING AVENUE
Lot G
Lot E
Dwtn Child
Care Ctr
Whole Foods
Parking
Whole Foods
Market
Oak Court
Apartments
Heritage
Park
Williams
Park
This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.

Legend
Current Features
0' 113'
Attachment A - Location Map

CITY OF PALO ALTO
I
N
C

O R P O R A
T
E
D

CAL I FORN IA
P a l o A l t o
T h e C i t y o f
A
P
R
I L 1 6 1
8 9
4 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto gsauls, 2023-08-30 08:32:24
Attachment A. Location Map (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) Item 2
Attachment A - Location
Map

Item 2: Staff Report
Pg.
5 Packet Pg. 12 of 638

Subject Property: 260 Homer Avenue (Oﬃce PorƟon Only)
APNs: 120‐28‐115; 120‐28‐116; 120‐28‐117; 120‐28‐118; 120‐28‐121 Property DescripƟon: 260 Homer is a mixed‐use oﬃce and residenƟal condominium project consisƟng of ﬁve oﬃce condominiums and two residenƟal condominiums. Tall Tree Partners I LLC owns all ﬁve oﬃce condominiums. The two residenƟal condominiums are owned by separate individuals.

ApplicaƟon Request: Amendment to the development agreement, speciﬁcally oﬃce occupancy restricƟons that limit tenant occupancy to less than one‐third of the building.

Statement of Facts –

1. Tall Tree Partners I LLC (“Owner”; “Ownership”) developed the three story mixed‐use condominium project located at 260 Homer Avenue between 2007‐2009. The project consists of ﬁve oﬃce condominiums and two residenƟal condominiums.

2. The development of the property was subject to the Development Agreement between the City of Palo Alto, and Palo Alto Medical FoundaƟon for Health Care, Research and EducaƟon, dated 4/10/2000 and aƩached hereto as Exhibit A.

3. More parƟcularly, the development of the property was subject to Exhibit D‐1 of the Development Agreement (Pg. 75 of Development Agreement), which provides various development condiƟons and occupancy restricƟons related speciﬁcally to this site.

4. Exhibit D‐1 contains SubsecƟon E., which states “There shall be no single tenant that occupies more than one‐third of the net usable oﬃce space (i.e. exclusive of common areas and mechanical equipment areas)”.

Item 2
Attachment B -
Applicant's Project
Description

Item 2: Staff Report
Pg.
6 Packet Pg. 13 of 638

5. The Property includes an approximately 10,000 square foot suite (~31% of square footage) which remained vacant from February of 2022 unƟl July of 2023.

6. An exisƟng internaƟonal accounƟng ﬁrm that currently leases approximately ~28% of the Property expressed interest in leasing the vacant suite from Ownership, but due to the occupancy restricƟon, Ownership could not accommodate the tenant.

7. AddiƟonal tenants, including our new tenant, have inquired as to the opƟonality for future expansions within the Property. The occupancy restricƟons hinder interest from tenants that desire the ﬂexibility to grow within the Property if their space needs change.

8. Despite a challenging oﬃce leasing environment brought on by COVID‐19 , Ownership is unable to facilitate any potenƟal future expansion interest due to the sƟpulaƟons contained in Exhibit D‐1, SubsecƟon E. of the Development Agreement.

9. Ownership communicated with Amy French and Jodie Gerhardt from the Palo Alto Planning Commission in late 2022 to understand the process and requirements for an applicaƟon request seeking either an amendment to the Development Agreement or a condiƟonal use permit.

Owner’s Statement –
Ownership’s advocacy for removal of the occupancy restricƟon in Exhibit D‐1, SubsecƟon E. of the Development Agreement is highlighted below:

1. According to Newmark Knight Frank, as of Q4 2022, Palo Alto has a total oﬃce availability rate of almost 21%, and a direct vacancy rate of 17%. With just over 2 million Item 2
Attachment B -
Applicant's Project
Description

Item 2: Staff Report
Pg.
7 Packet Pg. 14 of 638

square feet of direct and sublease oﬃce vacancy, it is a challenging leasing environment for oﬃce landlords. The increase in vacancy and oﬃce uƟlizaƟon has harmful second order eﬀects for local economies. According to a local paper’s arƟcle published 11/8/2022, “Most council members acknowledged the need to readjust expectaƟons to account for the dwindling number of commuters coming into town. Council member Alison Cormack called the change in employees the biggest challenge we have”. We agree with this asserƟon. Using a conservaƟve esƟmate of 150 square feet per person, current oﬃce vacancy levels equate to enough oﬃce space for nearly 14,000 employees.

As a point of reference, the oﬃce availability rate in Q3 2019 was half of what it is today, at 11%. AddiƟonally, overall oﬃce uƟlizaƟon rate remains ~60‐70% down from 2019 levels. The result is local retail and services businesses supported by oﬃce workers losing signiﬁcant foot traﬃc and sales revenue and the City of Palo Alto losing signiﬁcant retail sales tax.

2. While the macro forces that caused this disrupƟon in the oﬃce and retail sectors among others cannot be solved directly by the City of Palo Alto, there are acƟons the City can take to help ameliorate the negaƟve eﬀects to the local economy, and local landlords, without compromising its own goals. Ownership had immediate leasing interest for an approximately 10,000 SF space from a highly reputable internaƟonal accounƟng and ﬁnancial services ﬁrm, which would supply increased foot traﬃc, local services, and retail demand, but the Development Agreement precluded this lease, and its associated posiƟve externaliƟes from materializing. This resulted in an approximate 14 month period of addiƟonal downƟme, in which Ownership, and the local economy suﬀered as a Item 2
Attachment B -
Applicant's Project
Description

Item 2: Staff Report
Pg.
8 Packet Pg. 15 of 638

result. The occupancy restricƟon’s long term eﬀect of decreasing the leaseability increases the likelihood of experiencing extended periods of vacancy, which has harmful economic impacts to the local economy and local landlords.

3. Increased ﬂexibility through an amendment of the Development Agreement would include several beneﬁts:
a. Local retailers and service providers would beneﬁt from increased foot traﬃc and demand for their products and services.
b. The City of Palo Alto would beneﬁt from higher sales tax, driven by the increased oﬃce worker/commuter presence.

Owner’s Requested Planning Department AcƟon –
The Owner requests that the Planning Department remove the occupancy restricƟon in quesƟon.

Item 2
Attachment B -
Applicant's Project
Description

Item 2: Staff Report
Pg.
9 Packet Pg. 16 of 638

Item 2
Attachment C - Applicant
Office Market Analysis

Item 2: Staff Report
Pg.
10 Packet Pg. 17 of 638

Item 2
Attachment C - Applicant
Office Market Analysis

Item 2: Staff Report
Pg.
11 Packet Pg. 18 of 638

Item 2
Attachment C - Applicant
Office Market Analysis

Item 2: Staff Report
Pg.
12 Packet Pg. 19 of 638

Item 2
Attachment C - Applicant
Office Market Analysis

Item 2: Staff Report
Pg.
13 Packet Pg. 20 of 638

Item 2
Attachment C - Applicant
Office Market Analysis

Item 2: Staff Report
Pg.
14 Packet Pg. 21 of 638

Item 2
Attachment C - Applicant
Office Market Analysis

Item 2: Staff Report
Pg.
15 Packet Pg. 22 of 638

Research Analyst
Research Director
For more information:

Item 2
Attachment C - Applicant
Office Market Analysis

Item 2: Staff Report
Pg.
16 Packet Pg. 23 of 638

Emerson Corridor
6'
6'
6'
7'
7'
H
PC-2967
PF
RM-15
PC-3707
RT-35
RM-30
AMF
(MUO)
DHS
R-2

CD-S(P)
AMF
PF
PF
CD-C
(P)
PC-3007
PF
RM-
40 RM-40
PFAMF
DHS
DHS
RT-50
RT 35
T-35
R-2
PC-4779
RM-15
PC-4048
Downtown
Library
Scott
Park
Williams
Park
High Street
mer Avenue
ning Avenue
Lane 8 West
Emerson Street
Ram
ona Street
Waverley Street
Gilman Street
Bryant Street
Fo
rest Avenue
Downing Lane
Homer Avenue
Waverley Street
Ram
ona Str
Addison Avenue
Scott Street
Bryant StreetLane D East
coln Avenue
Addison Avenue
Kipling Street
Ch
anning Avenue
ster Street
Lane 56 (Private)
East
This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.

Legend
SOFA I CAP Boundary
Project Site
0' 255'
SOFA I
Plan Boundary

CITY OF PALO ALTO
I
N
C

O R P O R A
T
E
D

CAL I FORNIA
P a l o A l t o
T h e C i t y o f
A
P
R
I L 1 6 1
8 9
4 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2007 City of Palo Alto ccampbe, 2007-09-18 09:07:08
(\\cc-maps\gis$\gis\admin\Personal\Planning.mdb)
Item 2
Attachment D - SOFA
I_Plan Boundary

Item 2: Staff Report
Pg.
17 Packet Pg. 24 of 638

Attachment E
Project Plans and Environmental Documents
Project plans are only available to the public online. Hardcopies of the plans have been provided to Board members.

Directions to review Project plans online:

1. Go to: bit.ly/PApendingprojects

2. Scroll down to find “260 Homer Avenue” and click the address link

3. On this project specific webpage you will find a link to the project plans and other important information
Direct Link to Project Webpage:
https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current- Planning/Projects/260-Homer-Avenue
Item 2
Attachment E - Project
Plans

Item 2: Staff Report
Pg.
18 Packet Pg. 25 of 638

City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: October 2, 2023
Report #:2309-2003
TITLE
Approval of Minutes from September 11, 2023 and September 12, 2023 Meetings

RECOMMENDATION
That the minutes be reviewed and approved.

ATTACHMENTS
Attachment A: September 11, 2023 Draft Minutes
Attachment B: September 12, 2023 Draft Minutes
APPROVED BY:

Mahealani Ah Yun
Item 3
Item 3 Staff Report

Item 3: Staff Report
Pg.
1 Packet Pg. 26 of 638

CITY COUNCIL

DRAFT ACTION MINUTES

Page 1 of 5 ends

Regular Meeting
September 11, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.

Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:

Absent:

Special Orders of the Day

1. Presentation from Sibling Cities on the Palo Alto-Bloomington Sibling City Partnership AA1. Interview for the Architectural Review Board (Continued from September 5, 2023).

Agenda Changes, Additions and Deletions

Public Comment

Council Member Questions, Comments and Announcements

Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 5.

Council Member Lythcott-Haims, Council Member Burt, and Council Member Tanaka requested to pull Item 9
MOTION: Vice Mayor Stone moved, seconded by Council Member Lythcott -Haims to approve Agenda Item Numbers 3-8 and to pull Item 9 off the consent calendar.

Item 3
Attachment A -
September 11 Draft
Action Minutes

Item 3: Staff Report
Pg.
2 Packet Pg. 27 of 638

DRAFT ACTION MINUTES

Page 2 of 5 ends

City Council Meeting
Draft Action Minutes: 09/11/2023

MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION PASSED ITEMS 3-4, 6-8: 7-0
MOTION PASSED ITEMS 5: 6-1, Tanaka no

3. Approval of Minutes from August 21, 2023 Meeting

4. Approval of Construction Contract Number C24188528 with Cratus, Inc. in the Amount Not-to-Exceed $6,956,400 for the Water Main Replacement Project 29, Capital Improvement Program Project WS -15002; and Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not-to-Exceed Amount of $695,640. CEQA status – exempt under CEQA Guideline Sections 15301 and 15302.

5. Approve Participation in the GoGreen Home Energy Financing Program as Recommended by the Utilities Advisory Commission in an Amount Not- to-Exceed $300,000 over a Term of up to Two Years, Authorizing the Execution of a Memorandum of Agreement with the California Alternative Energy and Advanced Transportation Financing Authority; and Approve a FY 2024 Budget Amendment in the Gas Fund; CEQA Status: Not a project.

6. Approve and Authorize the City Manager to Execute Amendment #1 to an MOA Between the City of Palo Alto and County of Santa Clara to Authorize up to Two County Clinicians to be Deployed on the City‘s Psychiatric Emergency Response Team (PERT) Justice and Mental Health Collaboration Program for Three Years at $183,000 per Year (Not to exceed $549,000); CEQA status - not a project.

7. Approve and authorize the City Manager or designee to execute a three -year Funding Agreement with the Palo Alto Transportation Management Association (TMA), providing $200,000 in funding for FY24. CEQA status – not a project.

8. Approval to appoint the Chair of the Expanded Community Advisory Panel (XCAP) as an Ex Officio (non-voting) member on the Rail Committee; CEQA status - not a project.

9. Accept the Human Relation Commission’s Recommended Contingency Plan for the Distribution of $200,000 in Additional Funding for the FY2024 -25 Human Services Resource Allocation Process Recipients; CEQA status – not a project.

City Manager Comments
Ed Shikada, City Manager

Item 3
Attachment A -
September 11 Draft
Action Minutes

Item 3: Staff Report
Pg.
3 Packet Pg. 28 of 638

DRAFT ACTION MINUTES

Page 3 of 5 ends

City Council Meeting
Draft Action Minutes: 09/11/2023
Study Session

2. Prescreening for proposed rezoning of 3265 El Camino Real to Planned Home Zone (PHZ)

NO ACTION

Action Items

10. Approve the Revised Permanent Parklet Program Regulations; Provide Feedback on Incentives for Electric Heating on Parklets; and Adopt Legislation Creating an Ongoing Parklet Program, Creating Related Fees and Penalties, and Continuing Parklets in Certain Areas of University Avenue Downtown and the California Avenue Area. CEQA Status – Categorically Exempt (Sections 15301 and 15304(e)).

MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to:

1. Approve changes to the permanent program regulations:
a. Changes to the parklet standards as written in Attachment A but: (1) allow sidewalk dining; and (2) remove any references to charging parklet renters to relocate and/or add bike facilities.

2. Adopt the following legislation to implement an ongoing parklet program:
a. Ordinance creating new PAMC Chapter 12.1 1 to implement an ongoing parklet program and amending various sections of Title 16 and 18 as recommended by the Planning and Transportation Commission to waive certain planning and zoning requirements for parklets. This ordinance will be effective April 1 , 2024. (Attachment B).
b. Resolution establishing certain areas of the University Avenue Downtown and California Avenue area for use as parklets for eating and drinking or retail, excluding fitness. (Attachment C).
c. Ordinance amending the FY2024 Municipal Fee Schedule to add new fees related to parklets and adjust the annual renewal fee to $250. (Attachment D). d. Resolution amending the Administrative Penalty Schedule to add penalties for violating PAMC Chapter 12.11. (Attachment E).

3. Keep the ongoing parklet program as is, and direct staff to work with the Architectural Review Board (ARB) to create design standards and uniform guidelines as soon as possible.

Item 3
Attachment A -
September 11 Draft
Action Minutes

Item 3: Staff Report
Pg.
4 Packet Pg. 29 of 638

DRAFT ACTION MINUTES

Page 4 of 5 ends

City Council Meeting
Draft Action Minutes: 09/11/2023

4. Authorize staff to work with the Nordic Enovation House to apply principles of the program for an encroachment.

MOTION PASSED: 7-0

Mayor Kou made a public disclosure on Item 9.

Council Member Burt made a public disclosure on Item 9.

MOTION: Council Member Burt moved, seconded by Council Member Veenker to accept the HRC's recommended contingency plan for the distribution of $ 200,000 in additional funding for FY24-25 HSRAP recipients and direct the City Manager to execute agreements implementing such funding; and direct staff to return on consent with an allocation from the BSR of an additional $45,000 for Ada's Cafe to be administered consistent with HSRAP standards.

MOTION PASSED: 6-1, Tanaka no

11. Receive the Human Relation Commission’s Recommendations on the Evaluation and Celebration of Additional Dates to Advance Race & Equity, Including Through City Recognition and City Paid Holidays and Provide Direction to Staff on Further Actions.

CEQA status – not a project.

This item was not heard and referred to a future meeting.

Adjournment: The meeting was adjourned at 11:28 P.M.

Item 3
Attachment A -
September 11 Draft
Action Minutes

Item 3: Staff Report
Pg.
5 Packet Pg. 30 of 638

DRAFT ACTION MINUTES

Page 5 of 5 ends

City Council Meeting
Draft Action Minutes: 09/11/2023

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Mu nicipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

Item 3
Attachment A -
September 11 Draft
Action Minutes

Item 3: Staff Report
Pg.
6 Packet Pg. 31 of 638

CITY COUNCIL

DRAFT ACTION MINUTES

Page 1 of 3 ends

Special Meeting
September 12, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.

Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:

Absent:

Closed Session

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Authority: Cal. Gov. Code section 54957(b) Titles: City Manager and City Attorney

MOTION: Council Member Lauing moved, seconded by Vice Mayor Stone to go into Closed Session.

MOTION PASSED: 7-0

Council went into Closed Session at 6:03 P.M.

Council returned from Closed Session at 8:20 P.M.

Mayor Kou announced that there were no reportable actions taken in Closed Session.

Action Items

2. Quasi -Ju dicial/Legislative. 3200 Park Boulevard/340 Portage [22PLN -0 0287 and 22PLN - 0 0288]: Adoption of a Resolution Certifying an EIR, Adopting Findings of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program; Approval of Applicant’s Request for a Development Agreement, Comprehensive Plan Amendment, Item 3
Attachment B -
September 12 Draft
Action Minutes

Item 3: Staff Report
Pg.
7 Packet Pg. 32 of 638

DRAFT ACTION MINUTES

Page 2 of 3 ends

Sp. City Council Meeting
Draft Action Minutes: 09/12/2023
Rezoning to Planned Community Zones, and a Vesting Tentative Map with Exceptio ns to the Private Street Width to Allow Redevelopment of a 14.65-ac re site at 200-4
04 Portage
Avenue, 3040
-3
250 Park Boulevard, 3201 -3
225 Ash Street and 278 Lambert.

Environmental Assessment: A Draft EIR for the 200 Portage Townhome Development Project was Circulated September 16, 2022 through November 15, 2022. A Revised Final EIR was Made Available for Public Review on June 2, 2023. The Proposed Development Agreement and Associated Actions is Evaluated as Alternative 3 in the Draft EIR. For More Information Contact the Project Planner, Claire Raybould at [email protected].

M
OTION: Mayor Kou moved, seconded by Council Member Burt to:

1. Adopt the Environmental Impact Report and the Resolution in Attachment B Making findings of overriding consideration and adopting the Mitigation Monitoring and Reporting Plan in Attachment G; and

2. Adopt the Resolution amending the Comprehensive Plan and Comprehensive Plan Land Use Map; and

3. Adopt the five Planned Community ordinances for each of the resulting parcels, amending the zone districts across the project site; and

4. Adopt the Record of Land Use Action, including Architectural Review findings for approval of the Development Plan, findings for a Vesting Tentative Map with exceptions and Conditions of Approval of the proposed project; and

5. Adopt the Ordinance approving the Development Agreement; and

6. Direct in lieu a rt funds generated under this agreement to art located on the former Cannery site, subject to consistency with City code; and

7. Direct Staff to initiate a process to rename Portage Avenue to Thomas Foon Chew Avenue and refer to the Parks and Recreation Commission the naming of the new park.

MOTION PASSED: 7-0

Adjournment: The meeting was adjourned at 10:31 P.M.

Item 3
Attachment B -
September 12 Draft
Action Minutes

Item 3: Staff Report
Pg.
8 Packet Pg. 33 of 638

DRAFT ACTION MINUTES

Page 3 of 3 ends

Sp. City Council Meeting
Draft Action Minutes: 09/12/2023

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes a re prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

Item 3
Attachment B -
September 12 Draft
Action Minutes

Item 3: Staff Report
Pg.
9 Packet Pg. 34 of 638

City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: October 2, 2023
Staff Report: 2307-1740
TITLE
Adoption of a Resolution Approving and Attesting to the Veracity of the City's 2022 Annual Power Source Disclosure and Power Content Label Reports; CEQA Status: Not a project

RECOMMENDATION
Staff recommends the City Council adopt a resolution (Attachment A) approving and attesting to the veracity of the City’s two Power Source Disclosure reports for 2022 and the City’s two Power Content Labels for 2022.

BACKGROUND
Senate Bill 13051 was approved in 1997 to ensure that all retail suppliers of electricity disclose to consumers the sources of energy used to provide electric service in an accurate, reliable, and easy to understand manner. The SB 1305 Report is commonly referred to as the Power Source Disclosure (PSD) report. The City of Palo Alto is required to submit an annual PSD Report to the California Energy Commission (CEC) by June 1 st of each year. The information contained in this report is used to prepare the annual Power Content Label (PCL), which is mailed to City Utilities customers and posted on the City’s website by October 1 st of each year at www.cityofpaloalto.org/powercontentlabel and on the CEC’s website at energy.ca.gov/power- content-label.

ANALYSIS
CEC regulations governing the Power Source Disclosure Program 2 require utilities to engage a third-party certified public accountant to perform an audit to verify the specific purchases, resales, and self-consumption of energy by fuel type.3 Publicly owned electric utilities are exempt from the audit requirement, if the governing board of the utility “submits to the Energy Commission an attestation of the veracity of each annual report and power content label for the 1 Senate Bill 1305 http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_1301- 1350/sb_1305_bill_19971009_chaptered.html
2 California Code of Regulations, Title 20, Sections 1391-1394. 3 California Code of Regulations Title 20, Section 1394.2(a).

Item 4
Item 4 Staff Report

Item 4: Staff Report
Pg.
1 Packet Pg. 35 of 638

previous year.”4
In Palo Alto’s case, this means that the PSD reports and PCLs for the City’s two retail electricity products (the “standard rate” carbon neutral product and the voluntary PaloAltoGreen product, which is available to all commercial customers and allows them to pay a small premium in order to receive a power supply comprising only wind and solar generation) can both be approved by the City Council, as described above.

In 2022, CPAU’s hydroelectric generation was well below long-term average levels, due to the drought conditions the state experienced over the last several years. Also in 2022, CPAU continued its REC Exchange Program, which involves taking a regional approach to fulfilling its Carbon Neutral Electric Portfolio goals by selling renewable energy from the City’s long-term renewable contracts and using the most cost-efficient renewable energy from outside the state to fulfill carbon neutrality requirements. 5 Although the power sourced out-of-state remains renewable and carbon-neutral, the CEC categorizes such power as “unspecified power” on the PSD and PCL documents.

Under the City’s REC Exchange Program, the City sold a total of 184,000 MWh of in-state renewable generation in 2022 and purchased the same volume of out-of-state renewable generation, yielding $1.89 million in net revenue. (Due to the extremely dry hydroelectric conditions, the City also purchased an additional 244,000 MWh of out-of-state renewable generation to achieve a carbon neutral electric supply.) Per Council’s direction, all of this revenue will be invested locally in electrification efforts necessary to meet the City’s ambitious climate goals.

As a result of these renewable energy sales—and the fact that the CEC’s regulations do not recognize out-of-state renewable generation as an “eligible renewable” energy source—the share of the City’s standard power mix that is attributed to eligible renewables sources on the PSD reports and PCLs was lower in 2022 (37.5%) than in many previous years, such as 2018 (65%).

However, as noted earlier, the City’s power supply remained carbon neutral in 2022 in accordance with the Council-adopted Carbon Neutral Plan ( Staff Report 11556) 6, and the City remained in compliance with the state’s Renewable Portfolio Standard (RPS) mandate.

Utilities Department staff submitted the City’s annual PSD reports for calendar year 20227 to the CEC in May 2023, along with the associated staff attestation forms. The 2022 PCLs8 will be mailed to each electric utility customer as a bill insert and posted on the City’s website in October 2023.

The attached resolution (Attachment A) approves the annual PSD reports and PCLs for both the 4 California Code of Regulations Title 20, Section 1394.2(a)(2). 5 The City Council approved the REC Exchange Program in August 2020 (Staff Report 11556). 6 Staff Report 11556 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2020-2/id-11566.pdf 7 Annual 2022 PSD Report /files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/attachments/10-02-2023-id-2307-1740-combined-2022-psd-reports.pdf 8 2022 Power Content Labels /files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/attachments/10-02-2023-id-2307-1740-2022-power-content-labels.pdf Item 4
Item 4 Staff Report

Item 4: Staff Report
Pg.
2 Packet Pg. 36 of 638

standard power mix and the PaloAltoGreen product and provides for Council’s attestation to the veracity of these four documents as required for exemption from the third-party audit requirement.

Staff anticipates submitting the City’s annual PSD reports for calendar year 2023 to the CEC by June 1, 2024 and providing the 2023 PCLs to electric customers around September 2024.

RESOURCE IMPACT
Adoption of the attached resolution will not result in a financial impact to the City.

POLICY IMPACT
Adoption of the attached resolution will enable the City to comply with the CEC regulations implementing SB 1305 (California Code of Regulations, Title 20, sections 1391 to 1394).

ENVIRONMENTAL REVIEW
Adoption of the attached resolution is not subject to California Environmental Quality Act (CEQA) review as an administrative governmental activity that will not result in any direct or indirect physical change to the environment (CEQA Guidelines section 15378(b)(5)).

ATTACHMENTS
Attachment A: Resolution Approving 2022 Power Source Disclosure Reports APPROVED BY:

Dean Batchelor, Director Utilities
Staff: James Stack PhD, Senior Resource Planner
Item 4
Item 4 Staff Report

Item 4: Staff Report
Pg.
3 Packet Pg. 37 of 638

Resolution No. ____
Resolution of the Council of the City of Palo Alto Approving and Attesting to the Veracity of the City’s 2022 Power Source Disclosure and Power Content Label Reports

R E C I T A L S
A. The California Legislature adopted Senate Bill 1305 in 1997 to ensure that all retail suppliers of electricity, including the City of Palo Alto, disclose to consumers the sources of energy used to provide electric service in an accurate, reliable and easy to understand manner.

B. The SB 1305 Report is commonly referred to as the Power Source Disclosure (PSD) report, which shows the City’s electric portfolio purchases for the prior calendar year, as well as the fuel mix for the City’s retail electricity sales for the prior calendar year.

C. The information contained in the PSD report is used to prepare the City’s annual Power Content Label (PCL), which discloses the fuel mix of the City’s retail electricity sales during the prior calendar year, as well as the fuel mix for the state as a whole, and which is mailed to the City’s electric utility customers via a bill insert by October 1st every year.

D. California Code of Regs., title 20, sections 1394.2(a)(2), updated by the California Energy Commission effective May 2020, allows the City Council to approve and attest to the veracity of each PSD report and PCL for the previous year, including the reports for Palo Alto’s voluntary PaloAltoGreen product, which is provided to commercial customers who participate in the PaloAltoGreen program.

E. The PSD report submissions for both the City’s standard carbon neutral power portfolio, and the City’s PaloAltoGreen product are prepared by the Northern California Power Agency (NCPA), a joint powers agency of which Palo Alto is a member. The draft PSD reports are then checked by City staff against the City’s account in the Western Renewable Energy Generation Information System (WREGIS), where the City tracks its renewable and carbon-free energy. The PaloAltoGreen renewable energy supplies are then verified by a third-party verifier, in order to achieve Green-e certification for that program.

F. In May 2023, Utilities Department staff submitted the 2022 Annual PSD reports for both the City’s standard carbon neutral portfolio and the PaloAltoGreen program, to the Energy Commission in accordance with the applicable regulations.

Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
4 Packet Pg. 38 of 638

The Council of the City of Palo Alto (“City”) RESOLVES as follows:

SECTION 1. The City Council approves the submission and attests to the veracity of the 2022 Annual Power Source Disclosure reports for the City’s standard carbon neutral portfolio, and for the City’s voluntary PaloAltoGreen program (attached as Exhibit A to this resolution) which staff submitted to the California Energy Commission in May 2023.

SECTION 2. The City Council approves and attests to the veracity of the 2022 Annual Power Content Label reports for the City’s standard carbon neutral portfolio, and for the City’s voluntary PaloAltoGreen program (attached as Exhibit B to this resolution) which staff distributed to Utilities customers as an insert in their October Utilities bills.

SECTION 3. The Council finds that the adoption of this resolution is not subject to California Environmental Quality Act (CEQA) review because it is an administrative government activity that will not result in any direct or indirect physical change to the environment (CEQA Guidelines section 15378(b)(5)).

INTRODUCED AND PASSED: O c t o b e r 2 , 2 0 2 3
AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM: APPROVED:

Assistant City Attorney City Manager
Director of Utilities
Director of Administrative Services
Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
5 Packet Pg. 39 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2022
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.

GENERAL INSTRUCTIONS

RETAIL SUPPLIER NAME
City of Palo Alto Utilities

ELECTRICITY PORTFOLIO NAME
Standard Rate

CONTACT INFORMATION
NAME
TITLE
James Stack
Senior Resource Planner
250 Hamilton Ave.MAILING ADDRESS

CITY, STATE, ZIP
PHONE
Palo Alto, CA 94301
(650) 329-2314
EMAIL [email protected]

WEBSITE URL FOR

PCL POSTING
www.cityofpaloalto.org/powercontentlabel
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.

NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief- counsels-office.

If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.

Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
6 Packet Pg. 40 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2022
City of Palo Alto Utilities
Standard Rate
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.

Insert additional rows as needed. All fields in white should be filled out.Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.

Retail Sales (MWh)
Net Specified Procurement (MWh)
800,289
458,151
342,138
-
Unspecified Power (MWh)
Procurement to be adjusted
Net Specified Natural Gas 3
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
GHG Emissions Intensity (in MT CO2e/MWh)
-
458,148
150,945

0.1886

DIRECTLY DELIVERED RENEWABLES
GHG Emissions
State or
Province WREGIS ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e)Facility Name
275 Cambridge Ave. Parking Garage
445 Bryant St. Parking Garage
475 Cambridge Ave. Parking Garage
520 Webster St. Parking Garage
Unitarian Universalist Church of Palo Alto
HP Inc.

Fuel Type RPS ID
63982

N/A EIA ID
P228
N/A
Solar
Solar
Solar
Solar
Solar
Solar
Solar
Solar
Solar
Solar
Solar
Wind
CA W5649
W5647
W5650
W5648
W7382
W7686
W5298
W4962
W4719
W4695
W5300
W229
467 467
350
513
604
221
467
350
-
-
-
-
-
-
-
-
-
-
-
-
-
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
63610
63981
63611
63983
64036
63192
62248
62744
62422
61518
60726
61353
62433
61297
61298
60022
61580
61044
61045
61046
P229
P230
350
513
-
513 -
P231 604 604 -
P232 221 221 -
62732
59964
60039
59009
59633
59961
56075
58397
58436
56428
56897
56895
54554
977
2,137
60,950
28,106
40,694
33,197
29,905
19,986
7,777
17,097
6,447
8,553
33,158
1,573
361
2,137
60,950
28,106
40,694
33,197
29,905
19,986
7,777
17,097
6,447
8,553
33,158
1,573
361
2,137
60,950
28,106
40,694
33,197
29,905
19,986
7,777
17,097
6,447
8,553
33,158
1,573
361
-
Elevation Solar C -
Frontier Solar -
Hayworth Solar -
Kettleman Solar -
Western Antelope Blue Sky Ranch B
High Winds
-
-
Ameresco Johnson Canyon
Ameresco San Joaquin
Ameresco Santa Cruz Energy
Keller Canyon Landfill
Ox Mountain/Half Moon
Spicer 1 Units
Biomass & Biowaste CA
Biomass & Biowaste CA
Biomass & Biowaste CA
Biomass & Biowaste CA
Biomass & Biowaste CA
W3397
W3883
W2014
W2071
W2033
W1260
W1108
W1161
W1177

0.5559 4,323

0.0028 48
21 24
92 -

0.0033

0.0028

0.0028
Eligible Hydro
Eligible Hydro
Eligible Hydro
Eligible Hydro
CA
CA
CA
CA
-
-
-
-
WAPA - Lewiston -
WAPA - Nimbus 444 7,067
639
7,067
639
7,067
639
-
WAPA - Stampede 7066 -

FIRMED-AND-SHAPED IMPORTS
EIA ID ofEIA ID of
REC
Source
GHG Emissions
Factor (in MT
CO2e/MWh)
Eligible for
Grandfathered
Emissions?
State or
Province WREGIS ID
Substitute
Power
Gross MWh
Procured
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name Fuel Type RPS ID MWh Resold
-
-
-
-
-
-
-
-
-
-

SPECIFIED NON-RENEWABLE PROCUREMENTS
Gross MWh
GHG Emissions
Factor (in MT
CO2e/MWh)
State or
Province
CA
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name
Collierville
Fuel Type N/A N/A N/A EIA ID Procured MWh Resold N/A
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
Large Hydro
54555 61,554 61,554
16,888
2,400
5,684
7,095
13,992
108
32,443
1,577
6,287
61,554
16,888
2,400
5,684
7,095
13,992
108
- -
-
-
-
-
-
-
-
-
-
WAPA - Folsom CA
CA
CA
CA
CA
CA
CA
CA
CA
441
448
442
443
6158
446
445
450
451
16,888
2,400
5,684
7,095
13,992
108
-
-
-
-
-
-
-
-
-
WAPA - Gianelli
WAPA - J.F. Carr
WAPA - Keswick
WAPA - New Melones
WAPA - O'Neill
WAPA - Shasta 32,443
1,577
6,287
32,443
1,577
6,287
WAPA - Spring Creek
WAPA - Trinity
Item 4
Attachment A - Resolution Approving
2022 Power Source Disclosure
Reports

Item 4: Staff Report
Pg.
7 Packet Pg. 41 of 638

Version: April 2023
Mid-C Hydro Priest Rapids
Mid-C Hydro Rock Island
Mid-C Hydro Rocky Reach
Palo Alto COBUG
Large Hydro
Large Hydro
Large Hydro
Natural Gas
WA
WA
WA
CA
3887
6200
1,394
7,566
1,358
3 1,394
7,566
1,358
3 1,394
7,566
1,358
3 - -
-
-
-
-3883
57714 0.3944 1

PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Gross MWh
GHG Emissions
Factor (in MT
CO2e/MWh)
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name Fuel Type N/A N/A N/A N/A EIA ID Procured MWh Resold N/A -
-
-
-
END USES OTHER THAN RETAIL SALES MWh
Item 4
Attachment A - Resolution Approving
2022 Power Source Disclosure
Reports

Item 4: Staff Report
Pg.
8 Packet Pg. 42 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2022
City of Palo Alto Utilities
Standard Rate
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio.

Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out.

Total Retired Unbundled RECs

RETIRED UNBUNDLED RECS
400,000
State or
Facility Name Fuel Type Province RPS ID
63454
Total Retired (in MWh)
383Apache Solar Solar
Wind
Wind
Wind
AZ
Buena Vista Energy Windfarm
Carousel Wind
CA
CO
CO
60124
63340
60822
60788
60561
60602
60803
64015
62247
60963
61090
60564
5,690
278,117
12,832
166
Cedar Creek
Draper Irrigation Hydroelectric Water UT
Foote Creek I Wind WY
OR
WA
BC
BC
OR
OR
ID
10,362
1,940Klondike III Wind
Nine Canyon Wind Project
Pennask Wind Farm
Quality Wind
Wind 11,800
1,434Wind
Wind 19,397
21,038
14,441
22,400
Riverbend Renewable Energy Facility
Seneca Sustainable Energy
Wolverine Creek
Biogas
Biomass
Wind
Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
9 Packet Pg. 43 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2022
City of Palo Alto Utilities
Standard Rate
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.

Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales

37.5%Renewable Procurements
Biomass & Biowaste
Geothermal
Eligible Hydroelectric
Solar
299,802
73,032 9.1%
-
9,640
197,144
19,986
-

0.0%

1.2%

24.6%

2.5%Wind
Coal 0.0%

19.8%

0.0%
Large Hydroelectric
Natural gas
Nuclear
158,346
3 - 0.0%
Other - 0.0%
Unspecified Power
Total
342,138
800,289

42.8%
100.0%
Total Retail Sales (MWh) 800,289
416GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs 50.0%
Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
10 Packet Pg. 44 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT

ATTESTATION FORM
For the Year Ending December 31, 2022
City of Palo Alto Utilities
Standard Rate
I, James Stack, Senior Resource Planner, declare under penalty of perjury, that the information provided in this report is true and correct and that I, as an authorized agent of City of Palo Alto Utilities, have authority to submit this report on the retail supplier's behalf. I further declare that all of the electricity claimed as specified purchases as shown in this report was sold once and only once to retail customers.

Name: James Stack
Representing: City of Palo Alto Utilities
Signature: ___________________________
Dated: May 27, 2023
Executed at: Palo Alto, CA
Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
11 Packet Pg. 45 of 638

GENERAL INSTRUCTIONS

RETAIL SUPPLIER NAME
City of Palo Alto Utilities

ELECTRICITY PORTFOLIO NAME
Palo Alto Green

CONTACT INFORMATION
NAME
TITLE
James Stack
Senior Resource Planner
250 Hamilton Ave.MAILING ADDRESS

CITY, STATE, ZIP
PHONE
Palo Alto, CA 94301
(650) 329-2314
EMAIL [email protected]

WEBSITE URL FOR

If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.

Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
12 Packet Pg. 46 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2022
City of Palo Alto Utilities
Palo Alto Green
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.

Retail Sales (MWh)
Net Specified Procurement (MWh)
27,181
-
27,181
-
-
-
-
Unspecified Power (MWh)
Procurement to be adjusted
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
GHG Emissions Intensity (in MT CO2e/MWh)
11,633

0.4280

DIRECTLY DELIVERED RENEWABLES
GHG Emissions
State or
Province WREGIS ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e)Facility Name Fuel Type RPS ID N/A EIA ID N/A
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A

FIRMED-AND-SHAPED IMPORTS
EIA ID ofEIA ID of
REC
Source
GHG Emissions
Factor (in MT
CO2e/MWh)
Eligible for
Grandfathered
Emissions?
State or Substitute
Power
Gross MWh
Procured
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name Fuel Type Province WREGIS ID RPS ID MWh Resold -
-
-
-
-
-
-
-
-
-

SPECIFIED NON-RENEWABLE PROCUREMENTS
Gross MWh
GHG Emissions
Factor (in MT
CO2e/MWh)
State or
Province
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
(in MT CO2e)Facility Name Fuel Type N/A N/A N/A EIA ID Procured MWh Resold N/A -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
Item 4
Attachment A - Resolution Approving
2022 Power Source Disclosure
Reports

Item 4: Staff Report
Pg.
13 Packet Pg. 47 of 638

Version: April 2023
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A
#N/A

Item 4: Staff Report
Pg.
14 Packet Pg. 48 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2022
City of Palo Alto Utilities
Palo Alto Green
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.

Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales

0.0%Renewable Procurements
Biomass & Biowaste
Geothermal
Eligible Hydroelectric
Solar
-
-
-
-
-
-
-
-
-
-
-

0.0%

0.0%Wind
Coal 0.0%

0.0%Large Hydroelectric
Natural gas
Nuclear

0.0%

0.0%
Other 0.0%
Unspecified Power
Total
27,181
27,181
100.0%
100.0%
Total Retail Sales (MWh) 27,181
944GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs 34.5%
Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
15 Packet Pg. 49 of 638

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT

ATTESTATION FORM
For the Year Ending December 31, 2022
City of Palo Alto Utilities
Palo Alto Green
I, James Stack, Senior Resource Planner, declare under penalty of perjury, that the information provided in this report is true and correct and that I, as an authorized agent of City of Palo Alto Utilities, have authority to submit this report on the retail supplier's behalf. I further declare that all of the electricity claimed as specified purchases as shown in this report was sold once and only once to retail customers.

Name: James Stack
Representing: City of Palo Alto Utilities
Signature: ___ _________
Dated: June 12, 2023
Executed at: Palo Alto, CA
Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
16 Packet Pg. 50 of 638

C H E C K O U T PALO ALTO’S P O W E R C O N T E N T L A B E L F O R 2 0 2 2

WHERE DOES OUR
ELECTRICITY COME FROM?
LARGE

HYDROELECTRIC

BIOMASS AND

BIOWASTE

SOLAR WIND ELIGIBLE

HYDROELECTRIC

UNSPECIFIED
POWER

19.8% 9.1% 24.6% 2.5% 1.2% 42.8%
100% CARBON NEUTRAL ELECTRICITY SINCE 2013
Like a nutrition facts label that shows the ingredients in food, the Power Content Label shows the sources of electricity purchased by City of Palo Alto Utilities to power local homes and businesses.

Carbon neutral electricity comes from a variety of sources, including renewable resources like solar, wind and small hydroelectric plants. Large hydroelectric sources are also carbon-free, but the state of California doesn’t consider them renewable.

Since 2016 the City of Palo Alto Utilities has had long-term contracts with California-based renewable energy providers to provide 100% carbon neutral power to the community.

In 2020, as the value of in-state renewable energy rose, CPAU began taking a regional approach to purchasing power, selling its higher-priced renewable energy and buying the most cost-eﬃcient renewable energy from outside the state. This program generates earnings (totaling $1.8 million in 2022) which are being invested in local decarbonization eﬀorts necessary to meet our ambitious climate goals. Although the power sourced out-of-state remains carbon neutral, it’s not recognized as renewable by the state and instead is labeled as “unspeciﬁed.”
Palo Alto is reducing greenhouse gas emissions to 80% below 1990 levels by 2030 POWER SOURCES IN 2022
CPAU power sources include ﬁve solar PV projects, one wind project, ﬁve landﬁll gas-ﬁred projects, the Calaveras hydroelectric project, and the Western Area Power Administration (Western) contract, which is sourced from Central Valley Project hydroelectric facilities. All of these resources are located in California. Power supply percentages vary annually based on the available output from our contracted generators. In 2022, CPAU’s hydroelectric generation was signiﬁcantly lower than long-term average levels due to extremely dry weather conditions, so CPAU needed to purchase additional renewable generation from other utilities in the western US.

Find more details at
cityofpaloalto.org/PowerContentLabel and cityofpaloalto.org/CarbonNeutral Persons with disabilities who require materials in an appropriate alternative format, auxiliary aids, or modiﬁcations to policies or procedures to access City meetings, programs, or services should contact the City’s ADA Coordinator George Hoyt at (650) 329-2550 or by emailing [email protected].
10/23 Printed on 100% post-consumer recycled paper, bleached without chlorine.

Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
17 Packet Pg. 51 of 638

Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
18 Packet Pg. 52 of 638

C H E C K O U T PALO ALTO’S P O W E R C O N T E N T L A B E L F O R 2 0 2 2

WHERE DOES OUR
ELECTRICITY COME FROM?
LARGE

HYDROELECTRIC

BIOMASS AND

BIOWASTE

SOLAR WIND ELIGIBLE

HYDROELECTRIC

UNSPECIFIED
POWER

Since 2016 the City of Palo Alto Utilities has had long-term contracts with California-based renewable energy providers to provide 100% carbon neutral power to the community. In 2020, as the value of in-state renewable energy rose, CPAU began taking a regional approach to purchasing power, selling its higher- priced renewable energy and buying the most cost-eﬃcient renewable energy from outside the state. This program generates earnings (totaling $1.8 million in 2022) which are being invested in local decarbonization eﬀorts necessary to meet our ambitious climate goals. Although the power sourced out-of-state remains carbon neutral, it’s not recognized as renewable by the state and is labeled as “unspeciﬁed.” Palo Alto is reducing greenhouse gas emissions to 80% below 1990 levels by 2030 POWER SOURCES IN 2022 CPAU power sources include ﬁve solar PV projects, one wind project, ﬁve landﬁll gas-ﬁred projects, the Calaveras hydroelectric project, and the Western Area Power Administration (Western) contract, which is sourced from Central Valley Project hydroelectric facilities. All of these resources are located in California. Power supply percentages vary annually based on the available output from our contracted generators.

In 2022, CPAU’s hydroelectric generation was signiﬁcantly lower than long-term average levels due to extremely dry weather conditions, so CPAU needed to purchase additional renewable generation from other utilities in the western US.

PaloAltoGreen’sa Prospective Product Content
Label for 2023 Consists of 100% Wind Energyb c
a PaloAltoGreen is a voluntary renewable energy program from City of Palo Alto Utilities that matches up to 100% of your estimated monthly PaloAltoGreen™
PaloAltoGreen is Green-e® Energy certiﬁed
and meets the environmental and consumer-
protection standards set forth by the nonproﬁt
Center for Resource Solutions.

Energy
Green-eelectricity usage with Green-e® certiﬁed Renewable Energy Credits (RECs) C E R T I F I E D from new renewable energy resources, speciﬁcally from generation facilities that ﬁrst began commercial operation in the last 15 years. For more information on Green-e® Certiﬁed Energy,
call 1-888-63-GREEN or visit
green-e.org
b Prospective Product Content Label: These ﬁgures reﬂect the renewables that we have contracted to provide. Actual ﬁgures may vary according to resource availability. We will annually report to you before October 1st of next year in the form of a Historical Product Content Label the actual resource mix of the electricity you purchased.
c Sourced from wind energy RECs located in the western U.S. (CA, OR, WA, ID, NV, UT, AZ, MT, WY, CO, or NM) or Canada (BC or AB).

PaloAltoGreen 2022 Historical Product Content Label (reﬂected in the “Palo Alto Green” column of the table on page 2): These ﬁgures reﬂect the power delivered to PaloAltoGreen’s customers in 2022. ‘Other’ and ‘Unspeciﬁed Power’ sourced from wind energy facilities in Colorado and Montana.

Find more details at cityofpaloalto.org/PowerContentLabel and cityofpaloalto.org/CarbonNeutral Persons with disabilities who require materials in an appropriate alternative format, auxiliary aids, or modiﬁcations to policies or procedures to access City meetings, programs, or services should contact the City’s ADA Coordinator George Hoyt at (650) 329-2550 or by emailing [email protected].
10/23 Printed on 100% post-consumer recycled paper, bleached without chlorine.

Item 4
Attachment A -
Resolution Approving
2022 Power Source
Disclosure Reports

Item 4: Staff Report
Pg.
19 Packet Pg. 53 of 638

Item 4
Attachment A - Resolution Approving
2022 Power Source Disclosure
Reports

Item 4: Staff Report
Pg.
20 Packet Pg. 54 of 638

City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: October 2, 2023
Report #:2309-1986
TITLE
Authorization to Amend the Existing Contract for Litigation Defense Services with the Law Firm of Liebert Cassidy Whitmore (Contract S20178997) to Increase the Not- to- Exceed Amount to $110,000 and Extend the Term to December 31, 2023; CEQA – Not a Project

RECOMMENDATION
Staff recommends that the City Council authorize an increase to the not- to- exceed amount of Contract S20178997 with Liebert Cassidy Whitmore, for litigation defense services, to $110,000 and an extension of the contract term to December 31, 2023.

BACKGROUND
Liebert Cassidy Whitmore is a law firm representing cities in personnel matters, including grievances, arbitration and litigation.

In March 2020, the City entered into a three- year agreement (S20178997) in the amount of $50,000 with Liebert Cassidy Whitmore for initial litigation defense services in civil suit Neff v.

City of Palo Alto, Santa Clara Co. Sup. Ct. Case No. 20-CV-362267. In January 2022, staff amended the contract to add $35,000 to increase the not- to- exceed amount to $85,000. Staff now seeks authority to increase the contract amount by $25,000 which will bring the new not- to-exceed amount to $110,000, and to extend the term to December 31, 2023. Plaintiff has filed to dismiss this suit. The additional funds and time will cover close out of this matter.

FISCAL/RESOURCE IMPACT
Funding for this amendment does not require additional budgetary authority as it can be accommodated within the Office of the City Attorney’s budget for FY 2024. After this action there will be $295,000 remaining for other potential litigation contract costs in FY 2024.

Item 5
Item 5 Staff Report

Item 5: Staff Report
Pg.
1 Packet Pg. 55 of 638

ENVIRONMENTAL REVIEW
Amendment of a legal services contract is not a project requiring environmental review under the California Environmental Quality Act (CEQA) (See CEQA Guidelines 15378(b)(5), administrative activities that will not result in direct or indirect physical changes in the environment).

APPROVED BY:

Molly Stump, City Attorney
Item 5
Item 5 Staff Report

Item 5: Staff Report
Pg.
2 Packet Pg. 56 of 638

2 7
9 1
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: October 2, 2023
Report #:2309-1987
TITLE
Approve Three Contracts for Landscape Maintenance Services: 1) a Five-year Contract with BrightView Landscape Services, Inc., in the Amount of $12,288,093; 2) a Five-year Contract with Gachina Landscape Management, Inc., in the Amount of $516,740; and 3) a Five-year Contract with Grassroots Ecology in the Amount of $529,459 for Specification for Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration; Approval of Contract Amendment No. 2 to Contract C18170810A with BrightView Landscape Services, Inc. to increase the Not to Exceed amount by $75,152 to provide weekend services for a three-month contract extension; and Approval of Budget Amendments in Multiple Funds (2/3 vote required) as Recommended by the Finance Committee; CEQA status - Categorically exempt per regulation 15301 (existing facilities) and 15304 (minor alterations).

RECOMMENDATION
Finance Committee and Staff recommend that the Council:
1) Approve and authorize the City Manager to execute a contract with BrightView Landscape Services, Inc., in the amount of $11,702,946, plus 5% for Additional Services of $585,147, for a total of $12,288,093 for Landscape Maintenance Services throughout the City for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028 (Attachment A). The contract amount for the first year of the agreement will be $2,182,391, plus 5% contingency of $109,120, for a total of $2,291,511.
2) Approve and authorize the City Manager to execute a contract with Gachina Landscape Management, Inc., in the amount of $469,764, plus 10% in Additional Services of $46,976 for a total of $516,740 for Landscape Services at the Regional Water Quality Control Plant for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028. (Attachment B).

The contract amount for the first year of the agreement will be $90,624, plus 10% contingency of $9,062, for a total of $99,686.
3) Approve and authorize the City Manager to execute a contract with Grassroots Ecology in the amount of $481,326, plus 10% for Additional Services of $48,132 for a total of $529,459 for Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
1 Packet Pg. 57 of 638

2 7
9 1
Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028. (Attachment C). The contract amount for the first year of the agreement will be $90,660, plus 10% in Additional Services of $9,066, for a total of $99,726. 4) Amend the Fiscal Year 2024 Budget Appropriation for the General Fund (requires 2/3 approval) by:
a. Increasing the Community Services Department Contract Services expense appropriation by $458,194
b. Increasing the Community Services Charges to Other Funds revenue estimate by $53,852 c. Decreasing the Budget Stabilization Reserve by $404,342. 5) Amend the Fiscal Year 2024 Budget Appropriation for the following funds by:
a. Amending the Electric Fund, (requires 2/3 approval)
i. Increasing the Allocated Charges expense appropriation by $17,096; and ii. Decreasing the Ending Fund Balance estimate by $17,096 b. Amending the Gas Fund, (requires 2/3 approval)
i. Increasing the Allocated Charges expense appropriation by $5,079 ii. Decreasing the Ending Fund Balance estimate by $5,079 c. Amending the Water Fund, (requires 2/3 approval)
i. Increasing the Allocated Charges expense appropriation by $1,904 ii. Decreasing the Ending Fund Balance estimate by $1,904 d. Amending the Wastewater Treatment Fund
i. Increasing the Allocated Charges expense appropriation by $8,857 ii. Decreasing the Contract Services expense appropriation by $8,857 e. Amending the University Avenue Parking Permit Fund, (requires 2/3 approval) i. Increasing the Allocated Charges expense appropriation by $13,386 ii. Decreasing the Ending Fund Balance estimate by $13,386 f. Amending the California Avenue Parking Permit Fund, (requires 2/3 approval) i. Increasing the Allocated Charges expense appropriation by $7,530 ii. Decreasing the Ending Fund Balance estimate by $7,530 6) Approve Contract Amendment No.2 to Contract C18170810A with BrightView Landscape Services, Inc. to increase the Not to Exceed amount by $75,152 to provide weekend services for a three-month contract extension (Attachment D).

EXECUTIVE SUMMARY
As recommended by the Finance Committee, approval of these actions will enable continuous landscape maintenance services and habitat restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge native plant restoration services for five (5) years in a total cost not to exceed approximately $13.4 million. Through a public request for proposals for park and Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
2 Packet Pg. 58 of 638

2 7
9 1
landscape maintenance services, contracts are recommended to be awarded to BrightView Landscape Services, Gachina Landscape Management, and Grassroots Ecology. These contracts reflect a significant increase in costs from prior years however they not only maintaining existing levels of service, but the terms also add new service locations, reduce the use of pesticides and herbicides (round-up), ensures service quality (such as minimum staffing levels and material estimates), and provides additional services such as the addition of weekend services when compared to prior contract levels. In addition, costs for labor and materials have increased significantly.

City parks and landscape maintenance are managed by Parks operations within the Community Services Department. Since 1993, the City of Palo Alto (City) has sought contracted services for landscape maintenance at select parks, preserves, and facilities to reduce costs. Selection and award of general services agreements has been through solicitation of proposals, review of costs, and assessment of quality of services.

On September 19, 2023, staff presented this report to the Finance Committee 1 to receive feedback prior to presenting to Council. The Finance Committee unanimously passed a motion to recommend that the City Council pass all recommendations contained within the report.

BACKGROUND
Since 1993 the City has looked at opportunities to reduce the costs of parks and landscape maintenance services2 by contracting-out landscaping services for City parks and facilities. As a result, many of the parks and City maintained facilities are maintained by a contractor, while in- house staff maintain the five sports field complex parks (El Camino Park, Baylands Athletic Center, Greer Park, and Stanford/Palo Alto Playing Fields) and provide irrigation maintenance services at all sites. In-house maintenance for sports facilities and irrigation maintenance has several advantages as it has historically shown to provide better control over field safety and service levels, more timely response to special recreation events/program support, and responsiveness to emergency situations.
1 Finance Committee, September 19; Agenda Item #1; SR #2307-1796, https://cityofpaloalto.primegov.com/Portal/viewer?id=2791&type=0

2 City Council, June 21, 2010; CMR 280:10; Referencing 1993 Hughes, Heiss, & Associates Organizational Study recommending expansion of private park maintenance contracts; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2010/08-1st-half.pdf
Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
3 Packet Pg. 59 of 638

2 7
9 1
The City strives to sustain the high level of service that City park visitors and field users have come to expect from Palo Alto parks. As noted in the 2022 City of Palo Alto Community Survey 3, 93% of survey respondent’s rate the quality of City parks as “good” or “excellent.” The scope of work to be performed under the BrightView Landscape Services contract will be for the continuation of landscape maintenance services for medians, roadside planter strips, parking lots and parking garages, parks, City facilities (libraries, fire stations, City Hall, Art Center, community centers, etc.), utility sub-stations, well sites and tennis and pickleball court cleaning.

The scope of work to be performed under the Gachina Landscape Management contract will be for the continuation of landscape maintenance services for the Regional Water Quality Control Plant.

Lastly, the scope of work to be performed under the Grassroots Ecology contract will be for Habitat Restoration in Foothills Nature Preserve and Adobe Creek Pedestrian Bridge Native Plant Restoration, including the removal of invasive weeds, pruning, volunteer workdays and the planting of native plants.

At present, the services are being performed under a three-month extension amendment4 to the contracts of the current services providers. The contracts were for a five-year period of July 1, 2018 through June 30, 2023 and were amended to extend for three months (July 1, 2023 through September 30, 2023) for service continuity while the City solicited new proposals.

On September 19, 2023, staff presented this report to the Finance Committee 5 to receive feedback prior to presenting to Council. Finance Committee unanimously passed a motion to recommend that the City Council pass all recommendations contained within the report.

ANALYSIS
On April 17, 2023, a Request for Proposals (RFP 186909) was posted online, and an email notification sent to the Bidders List, which included eight (8) landscape firms, seeking proposals from qualified landscape maintenance and habitat restoration firms for the maintenance service of the following City maintained areas:

A: Medians and Roadside Planter Strips
3 2022 City of Palo Alto Community Survey;
https://www.cityofpaloalto.org/files/assets/public/bji/2023-community-survey-results.pdf 4 City Council, June 12, 2023; Agenda Item #4; SR# 2304-1333; https://cityofpaloalto.primegov.com/Portal/viewer?id=2070&type=0 5 Finance Committee, September 19; Agenda Item #1; SR #2307-1796, https://cityofpaloalto.primegov.com/Portal/viewer?id=2791&type=0 Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
4 Packet Pg. 60 of 638

2 7
9 1
B: Parking Lots and Parking Garages
C: Parks
D: City Facilities (City Hall, Community Centers, Fire Stations, Libraries, etc.) E: Utility Sub-stations and Well Sites
F: Tennis and Pickleball Court Cleaning
G: Regional Water Quality Control Plant
H: Habitat Restoration in Foothills Nature Preserve
I: Adobe Creek Pedestrian Bridge Native Plant Restoration The RFP allowed service providers to submit a proposal for all or part of the maintenance service areas defined in the scope of work. Proposals were due on May 17, 2023 and four proposals were received. The table below provides a summary of the RFP process:

The evaluation committee, composed of representatives from Community Services and Administrative Services Departments, carefully reviewed and assessed the four proposals using standard evaluation criteria plus the type of equipment each contractor proposed to use. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP.

Staff recommends BrightView Landscape Services, Inc. be awarded a contract for Sections “A” through “F” due to scoring highest on the assessment factors listed above.

The total BrightView contract cost for sections A, B, C, D, E, and F work is $11,702,946, plus 5% for Additional Services of $585,147, for a total of $12,288,093 for Landscape Maintenance Services for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028.

Staff is also recommending Gachina Landscape Management, Inc. be awarded a contract for Section G, Regional Water Quality Control Plant due to scoring highest on the assessment factors listed above.

Proposal RFP# 186909 Proposal Name: Landscape Maintenance Project Proposed Length of Project 60 Months
Number of Vendors Notified 575
Number of Proposal Packages Downloaded 11
Public Link to Solicitation https://pbsystem.planetbids.com/portal/25569/b o/bo-detail/104393
Total Days to Respond to Proposal 31 days
Mandatory Pre-proposal Meeting Wednesday, May 3, 2023 at 8:00 A.M. PST Number of Vendors at Pre-proposal Meeting 7 vendors
Number of Proposals Received 4 proposals received
Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
5 Packet Pg. 61 of 638

2 7
9 1
The total Gachina Landscape contract cost for sections G is $469,764, plus 10% in Additional Services of $46,976 for a total of $516,740 for Landscape Maintenance Services for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028.

Staff is also recommending Grassroots Ecology be awarded a contract for Sections H and I due to scoring highest on the assessment factors listed above. Grassroots Ecology has been the Pearson Arastradero Preserve steward for over 20 years and has exceeded expectations on improving the habitat at that site.

The total Grassroots Ecology contract cost for section H and I work is in the amount of $481,326, plus 10% for Additional Services of $48,132 for a total of $529,459 for Specifications for Habitat Restoration in Foothills Nature Preserve for a term of five years, beginning on October 1, 2023, and ending on September 30, 2028.

FISCAL/RESOURCE IMPACT
The five-year cost for the parks landscape contract in comparison to the prior five-year contract has increased by $6.8 million.

COMPARISON OF CONTRACT COSTS (PROPOSED AND EXISTING)
2023-2028 Cost Proposal, Additional Services Included $13,334,292 2018-2023 Cost Total, Additional Services Included $6,485,838 Five Year Total Cost Increase $6,848,454
($1.37M annually)
The cost increase is due to the following reasons: 1) Additional maintenance sites, 2) restriction on use of glyphosate herbicide (Round-Up), 3) material quantities, 4) addition of services on weekends, 5) increase in required minimum staffing level, 6) material cost increase, and 7) labor cost increase.

1. Additional maintenance sites: Since the previous parks landscaping contract there are new and upcoming City projects that include landscaping and other features that require landscape maintenance. A few examples of these are the new Public Safety Building currently being built, expansion of Boulware Park, and the new Adobe Creek Pedestrian/Bicycle Bridge. The Public Safety Building is estimated to be completed toward the end of calendar year 2023, Boulware Park expansion is planned for completion summer of 2024, and the Adobe Creek Pedestrian/Bicycle Bridge is already completed.

2. Restriction on use of glyphosate herbicide (Round-Up): The use of the herbicide glyphosate in medians and roadside planter strips, parking lots and parking garages, utility substations and well sites will not be permitted in this new five-year contract. With the addition of the new Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
6 Packet Pg. 62 of 638

2 7
9 1
facilities mentioned above, weeding will be maintained by mechanical (string trimmers, rototillers, etc.) and manual (hand weeding, use of hoes, etc.) means of removal. On July 7, 2017, glyphosate was added to the California Proposition 65 list of chemicals known to the state to cause cancer. Also, for many years, numerous park visitors have requested that glyphosate not be used in Palo Alto. This results in an increase of labor due to increased use of mechanical techniques. The glyphosate herbicide use restriction was not in the prior five-year contract but was implemented in phases during the contract with contingency funding. For the new five-year contract, all sites listed above will have the restriction.

3. Material quantities: The contract now lists approximate quantities of playing field materials used for the upkeep of the natural sport fields, whereas the prior contract did not list approximate quantities. This resulted in more accurate bids, but at a higher cost during this RFP process as previously material quantities were often underestimated.

4. Addition of weekend service: The contract previously provided services Monday through Friday. However, due to increases in weekend activity and user requests, the contract scope was expanded at 23 locations to include services on Saturdays and Sundays. The additional weekend services now include removal of trash, compost, and recycling, litter pick-up, and playground servicing (raking/leveling of safety surfacing, cleaning of walkways and playground amenities).

The 23 locations include 20 select parks, Ventura Community Center, Lytton Plaza, and City Hall/King Plaza.

Through a $125,000 FY 2023 mid-year budget adjustment6, the weekend services were added to 10 select locations with an anticipation that more locations would be added to the next bid proposals.

5. Increase in required minimum staffing level: Collectively, with the increase of services sites, frequency, and need for mechanical and manual weeding (due to a restriction on glyphosate herbicide) the minimum staffing level to be provided by the contractor has been increased. For all sites, excluding the Regional Water Quality Treatment Plant, Foothills Nature Preserve, and Adobe Creek Pedestrian/Bicycle Bridge, the minimum full-time equivalent (FTE) staffing level increased from 15 to 20 FTE.

6. Material cost increase: Material costs for engineered wood fiber for playground safety surfacing, playground sand, grass seed, organic fertilizer, baseball infield mix, and various types 6 City Council; February 12, 2023; Agenda Item #8;
https://cityofpaloalto.primegov.com/Portal/viewer?id=615&type=2

Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
7 Packet Pg. 63 of 638

2 7
9 1
of soil have drastically increased with inflation upon the onset of COVID-19. Material costs account for about half of the contract cost for sections A-F.

7. Labor cost increase: In general, labor costs have drastically increased. Labor rates for landscape maintenance in the prior contract ranged approximately between $22.50/hr to $30.10/hr total cost. For the new contract the approximate range is $40.00/hr to $49.00/hr depending on crew and crew lead positions.

Budget Summary
As the contracts commence October 1, 2023, the nine-month cost of the contracts in Fiscal Year 2024 with the three vendors is $1,868,192 for services throughout the City. These contracts would continue to be partially budgeted in the Community Services Department’s General Fund operating budget, and the costs for the portions of the contract that perform work for areas not managed by the General Fund (i.e. Section G, the Regional Water Quality Control Plant, among others) would be allocated to those funds to reimburse the General Fund.

For the full 12 months of Fiscal Year 2024, the total cost for landscape services throughout the City is $2,284,442, including $416,250 for the three-month extension of July through September and additional weekend services. These amounts include an allocation for additional services for unforeseen needs. The FY 2024 Adopted Budget included funding in the amount of $1.8 million, which included a base budget increase of $362,000, in anticipation for additional service levels and rising costs, however, an additional $458,194 is recommended to be appropriated to the Parks operating budget in the Community Services department. Of this recommended budget increase, $404,342 is from the General Fund Budget Stabilization Reserve and $53,852 is from an increase in allocated charges to multiple funds for landscaping services at facilities maintained by those funds.

Funding for the first year of the Gachina contract is available in the Fiscal Year 2024 Wastewater Treatment Fund operating budget. This action would leave approximately $53.7 million in the Budget Stabilization Reserve (BSR) or 19.9% of the FY 2024 Adopted Operating Budget, which is slightly below the 20.0% level recommended to be maintained in FY 2024 for future economic uncertainty, and above the 18.5% amount of $49.9 million. For future Fiscal Years 2025 through 2028 of the respective contracts, funding is subject to City Council approval and the annual appropriation of funds through the budget process.

Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
8 Packet Pg. 64 of 638

2 7
9 1

STAKEHOLDER ENGAGEMENT
RFP 186909 was issued in on April 17, 2023 for further continuance of landscape maintenance services and habitat restoration. The evaluation committee for this RFP included staff from the Open Space, Parks, and Golf Division of the Community Services Department and staff from the Administrative Services Department under the guidance of the City’s Purchasing and Contracts Administration Division.

ENVIRONMENTAL REVIEW
These services are categorically exempt under CEQA regulations 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).

ATTACHMENTS
Attachment A: Contract C24186909A with BrightView Landscape Services, Inc.

Attachment B: Contract C24186909B with Gachina Landscape Management, Inc.

Attachment C: Contract C24186909C with Grassroots Ecology Attachment D: Contract C18170810A Amendment No. 2 with BrightView Landscape Services, Inc.

APPROVED BY:

Kristen O'Kane, Community Services Director
Item 6
Item 6 Staff Report

Item 6: Staff Report
Pg.
9 Packet Pg. 65 of 638

City of Palo Alto General Services Agreement 1 Rev. March 29, 2018

CITY OF PALO ALTO CONTRACT NO. C24186909A

GENERAL SERVICES AGREEMENT

THIS AGREEMENT made and entered into on the 11th day of September 2023, by and between the CITY OF PALO ALTO , a California c hartered municipal corporation (“ CITY”), and BRIGHTVIEW LANDSCAPE SERVICES, INC., a California corporation, located at 855 Mahler Road, Burlingame, CA 94010, Telephone Number: 650-219-5415. Department of Industrial Relations (DIR) Registration No. 1000005364. (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:

1. SERVICES. CONTRACTOR shall provide or furnish the services ( the “Services”) described in the Scope of Services, attached at Exhibit A.

Optional On-Call Provision (This provision only applies if checked and only applies to on- call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, b ut is not required, to authorize work up to the maximum compensation amount set forth in Section 5.

2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:

“A” - Scope of Services
“A-1” – On-Call Task Order (Optional)
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
“E” - Performance and/or Payment Bond
“F” - Liquidated Damages

CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.

3 . TERM.

The term of this Agreement is from October 1, 2023 to September 30, 2028 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
10 Packet Pg. 66 of 638

City of Palo Alto General Services Agreement 2 Rev. March 29, 2018

4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached a t Exhibit B. Time is of the essence in this Agreement.

5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:

The total maximum lump sum compensation of dollars ($ ); OR

The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR

A sum calculated in accordance with the fee s chedule set forth at Exhibit C, not to exceed a total maximum compensation amount of El even Million Seven Hundred Two Thousand Nine Hundred Forty-Six dollars ($11,702,946).

CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation se t forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.

CITY has set aside the sum of Five Hundred Eighty-Five Thousand One Hundred Forty- Seven dollars ($ 585,147) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTR ACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which pay ment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. The total compensation for performance of Services, Additional Services, and any reimbu rsable expenses specified in Exhibit C, shall not exceed Twelve Million Two Hundred Eighty -Eight Thousand Ninety-Three dollars ($12,288,093), as detailed in Exhibit C.

6. COMPENSATION DURING ADDITIONAL TERMS.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
11 Packet Pg. 67 of 638

City of Palo Alto General Services Agreement 3 Rev. March 29, 2018

CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR

CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the co mmencement 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 inc reased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement.

7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “ 9204 Public Works P roject” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix A Claims for Public Contract Code Section 9204 Public Works Projects”.

This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix A, attached hereto and incorporated herein.

This project is not a 9204 Public Works Project.

8. INVOICING. Send all invoices to CITY, Attention: City of Palo Alto, C SD/Parks, 3201 East Bayshore Boulevard, Palo Alto, CA 94303. Telephone: 650-496-6962. Email:

[email protected]. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.

GENERAL TERMS AND CONDITIONS

A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
12 Packet Pg. 68 of 638

City of Palo Alto General Services Agreement 4 Rev. March 29, 2018

B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services unde r 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.

CONTRACTOR shall be respo nsible for employing or engaging all persons necessary to complete the work required under this Agreement.

D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY.

CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.

E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business.

F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.

G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who perfo rms at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.

H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
13 Packet Pg. 69 of 638

City of Palo Alto General Services Agreement 5 Rev. March 29, 2018

Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.

I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this A greement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.

J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement.

K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager.

CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement.

M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.

Item 6: Staff Report
Pg.
14 Packet Pg. 70 of 638

City of Palo Alto General Services Agreement 6 Rev. March 29, 2018

in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.

O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement.

P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor nia which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
15 Packet Pg. 71 of 638

City of Palo Alto General Services Agreement 7 Rev. March 29, 2018

R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. U pon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY.

S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY.

T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no C ITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement .

CONTRACTOR agrees to advise CITY if any conflict arises.

U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.

V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written.

W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
16 Packet Pg. 72 of 638

City of Palo Alto General Services Agreement 8 Rev. March 29, 2018

are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

X. E NVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS .

CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY ’s Zero Waste Program. Zero Waste best practices include first minimizing and reduc ing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks.
• Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
• Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

Z. PREVAILING WAGES

This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000.

Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
17 Packet Pg. 73 of 638

City of Palo Alto General Services Agreement 9 Rev. March 29, 2018

State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Depa rtment of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.

AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with C ONTRACTOR without proof that C ONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854.

CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”

CITY gives notice to C ONTRACTOR and its listed subcontractors that C ONTRACTOR is required to post all job site notices prescribed by law or regulation and C ONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR.

CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:

Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project.

The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of C ONTRACTOR and its listed subcontractors, respectively.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
18 Packet Pg. 74 of 638

City of Palo Alto General Services Agreement
10 Rev. March 29, 2018
At the
request of C ITY, acting by its project manager, C ONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- an d federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project.

If t
he certified payroll records are not produced to the project manager within the 10 -day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and C ITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR.

Inf
orm the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.

BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if an y), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.

CITY OF PALO ALTO BRIGHTVIEW LANDSCAPE SERVICES, INC.
__________________
_______ By________________________________
City Manager or Designee
Name _____________________________
Title_______________________________
_________________________ Telephone: _________________________ Purchasing Manager or Designee
App
roved as to form:
___________________________
City Attorney or Designee
By________________________________
Name_____________________________
Title______________________________
Telephone_________________________
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Brett Urban, Chief Financial Officer
CFO
2153131655
Susan DeSantis
240-707-8959
Assistant Secretary
Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
19 Packet Pg. 75 of 638

City of Palo Alto General Services Agreement 11 Rev. March 29, 2018

EXHIBIT A

SCOPE OF SERVICES

LANDSCAPE MAINTENANCE PROJECT
Including Sections, A, B, C, D, E, and F

CONTRACTOR shall perform the Services as detailed in this Exhibit A. This includes Sections A- F, which are the s pecifications for the services of Landscape Maintenance of City of Palo Alto Neighborhood Parks, Medians, Roadside strips, City Facilities, Utility Sub Stations and Palo Alto Unified School sites.

I. GENERAL PROVISIONS

The following provisions, where individually applicable, apply for maintenance standards not limited to Landscape Maintenance and any and all other work under this Agreement. In the event that any of the provisions provided here under GENERAL PROVISIONS are found to be in conflict with or are contradicted by any provision found in the SPECIFICATION REQUIREMENTS listed in Sections A, B, C, D, E, and F the provisions found in the SPECIFICATION REQUIREMENTS listed in Sections A, B, C, D, E, and F will supersede the GENERAL REQUIREMENTS.

II. LOCATION OF PROPERTY

The locations of the areas to be maintained are listed in the map’s portions of this project. Project Site Maps for Sections A through F are located in Appendix A. These maps provide a general scope of the area(s).

III. SCOPE OF WORK- Landscape Maintenance

CONTRACTOR shall provide the highest quality of landscape maintenance services and materials.

The CONTRACTOR agrees to provide the highest quality commercially accepted methods, procedures and scientific controls for landscape maint enance. "Scientific Controls" is understood to mean practices based upon recommendations of the University of California, The U.S. Forest Service, or similarly qualified experts; recommendations in University of California Cooperative Extension Publicatio ns, Consumer Products Safety Commission Playground Guidelines and information in standard landscape industry references; This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, saf e, healthy, and aesthetically acceptable manner during the entire term of this contract.

The CONTRACTOR agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. Action times will be pri oritized, and low priority items will be given a timeline for corrections. Contractor shall communicate to the City, landscape, as well as non-landscape related hazards that are seen while on site.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
20 Packet Pg. 76 of 638

City of Palo Alto General Services Agreement 12 Rev. March 29, 2018

Work requests related to citizen requests or reported hazards to contractor require scheduling with Field Service Inspectors which will be prioritized dependent on each request. Immediate response may be necessary.

The contractor shall furnish landscape maintenance services by qualified site managers and horticulturists to provide a 60 -month maintenance program according to maintenance specifications. The provision of such report does not mandate the CITY to extend the Contract to 60 months.

The contractor shall report progress to the City of Palo Alto Parks Division on the agreed reporting frequency and schedule. A qualified site manager or superintendent of operations shall represent the contractor in monthly meetings and walk -through inspections with City of Palo Alto staff. The contractor shall furnish all labor, materials, equipment, and on -site supervision by qualified site managers who shall provide complete, continuous and expert landscape maintenance services.

The contractor shall submit a daily roster, by 7:00am that includes complete names of all employees working each day, dates, and work hours. Contractor shall also submit certified payroll twice per month, along with the daily roster, cross referencing each other. See example of daily roster below.

The contractor shall be required to provide smartphones at minimum to its Account Managers and Leads as a means of field communication to City staff.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
21 Packet Pg. 77 of 638

City of Palo Alto General Services Agreement 13 Rev. March 29, 2018

IV. GENERAL REQUIREMENTS

A. Landscape Maintenance:

The contractor for this agreement shall provide the City with a landscape maintenance schedule at the frequencies called for in the special provisions of this Agreement.

Maintenance schedule shall include but not limited to site names, dates, crew member names (first and last) and specify the order that they will be servicing the sites. See example below.

Contractor shall adhere to this schedule unless Project Manager and/or Field Service Inspectors are notified 24 hours in advance. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may be considered a breach of this contract.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
22 Packet Pg. 78 of 638

City of Palo Alto General Services Agreement 14 Rev. March 29, 2018

The maintenance schedule will be submitted and agreed upon within 30 calendar days following award of this contract. This schedule and any changes, deletions, or additions therein, if approved by the City, shall become part of this agreement and shall be used by both the contractor and the City of Palo Alto for performance monitoring of contractor obligations.

The Contractor shall adjust their schedule to compensate for all holidays. The contractor will be required to work on specified holidays and weekends as outlined in this Scope of Work.

B. Staffing Levels:

The City is requiring a minimum staffing level of 20 full time landscap e maintenance personnel, equivalent to a minimum of 160 hours per each work day (Monday -Friday) and a minimum staffing level of 2 full time landscaping maintenance personnel, equivalent to a minimum of 16 hours per day on Saturdays and Sundays on City property for Sections A through F. The contractor is responsible for determining the proper staffing levels above the minimum full -time landscape personnel to meet the scope of services listed in Sections A through F, in this Exhibit A . Contractor shall not use staff from sections A through F for any other sections within this contract.

Contract personnel shall remain on site every day, including all rainy days.

If minimum FTE’s are not met, the City reserves the right to reduce compensation commensurate with the FTE that were provided.

All contract personnel must pass live scan fingerprinting and TB testing (Tuberculin Skin Test) before being allowed to work on the City and School property. Contractor shall work with City’s Project Manager on obtaining require d verification of fingerprinting and TB results.

Contractor shall be responsible for performing the live scan fingerprinting and shall be responsible for the live scan fingerprinting and TB costs for their employees.

C. Monthly Progress Reports:

As requested, the contractor shall provide the City's Project Manager with monthly progress reports, based on weekly summary of work performed by location and referenced to the maintenance schedule. The reports will be due no later than the fifth day of the month following services and is to include the following information:

a) Total labor, supervision, and horticultural hours provided at each site. This can be in a spreadsheet format with all applicable sites covered under this agreement.

b) Problem areas encountered during the month.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
23 Packet Pg. 79 of 638

City of Palo Alto General Services Agreement 15 Rev. March 29, 2018

c) Monthly chemical application reports for all materials applied by site. This will include location, application date, materials, amount of material applied, etc. This shall be sent to Parks Manager as well as the City’s Public Works Environmentalist Specialist.

d) Any additional reports as directed by the City’s Project Manager.

D. Inventory/Safety Data Sheets (SDS)

Within thirty days of the effective date of this agreement, the contractor will submit to the City a list of all chemicals (fertilizers, pesticides, cleansers etc.) that will be used by the contractor on the sites, together with the required SDS. SDS and product labels shall always be in applicator’s vehicle in accordance with California Department of Pesticide Regulations.

Contractor shall always follow all California Department of Pesticide Regulation’s.

E. Extra Projects/Landscape Upgrades:

All extra projects shall require the submission of a Project Proposal Form or a Work Orde r Authorization Form. If the contractor does not have available such a form, a mutually agreeable format will be developed. On any extra project or landscape upgrade, the City reserves the right to obtain competitive bids or quotations.

Contractor shall use staffing outside of Sections A through F for any approved projects/landscape upgrades.

F. Management Philosophy:

The contractor shall take a pro -active approach in correcting problems within the contractors span of responsibility and control. Oth er problems and suggestions for improvements, both short and long term, must be submitted promptly to the City for appropriate action.

G. Public Image and Etiquette:

Contractor employees shall wear company uniforms, which consist of long pants and shirts with company name and individual’s name on the shirt. The contractor’s staff when needed shall utilize rain gear, rain boots, safety shoes, and other safety equipment. All contracted employees while on the site shall exhibit a clean, neat professional appearance.

Contractor’s equipment and vehicles shall also be professional in appearance, exhibit the company name and phone number, and be well maintained for safe operation. All Contractors vehicles must display a placard, legible from 10 feet, with th e following language:

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
24 Packet Pg. 80 of 638

City of Palo Alto General Services Agreement 16 Rev. March 29, 2018

(Name of Landscape Contractor)
City of Palo Alto, Landscape Maintenance Contractor
Questions/Comments Contact: (650) 496-6962

H. Authorization Required to Begin Work

The Contractor shall begin work only after receiving written Notice to Proceed from the City’s Project Manager.

VI. GENERAL CONDITIONS

A. Permits/Parking

The contractor shall be issued a free maintenance permit from the City's Department of Transportation. This will allow the c ontractor's crews to use City parking facilities at no charge during the term of this contract and only while doing landscape maintenance work for the City's Open Space, Parks and Golf Division.

Contractor shall follow all parking restrictions throughout the City.

B. Payments and Inspection

Payment will be made for work satisfactorily completed as called for in this contract. The City's Project Manager and/or Field Service Inspectors shall inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or contractor's representative shall meet with a representative from the City at least once a month during the life of this contract to inspect work performed.

The contractor will bill the City by the 5th of the month following the service. All invoicing shall be electronically submitted . The Ci ty will pay the contractor on a monthly basis for labor, equipment and materials provided during the monthly billing period.

C. Property Damage

Any private or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City's representative and shall be rectified in an approved manner back to its former condition, prior to damage, at the contractor's expense.

Any hazardous conditions noted, or seen, by the contractor that has occurred by any means other than during the performance of the c ontractor's work, whether by vandalism or any other means, shall be promptly reported to the City’s Representative.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
25 Packet Pg. 81 of 638

City of Palo Alto General Services Agreement 17 Rev. March 29, 2018

The contractor is responsible for securing any immediate hazards with caution tape, safety cones, or barricades until a City Representative arrives to the location.

D. Safety

Contractor agrees to perform all work outlined in the a greement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL E.P.A. Safety Orders at all times so as to protect all person, including contractor employees, agents of the City, vendors, members of the publi c or others from foreseeable injury, or damage to their property.

The contractor shall be responsible for securing traffic control and safety regulations as related to any City, State, or County requirements while working on medians and/or roadside strips (please refer to the following links for additional information, http://www.dot.ca.gov and www.osha.gov
). The design and operation of work zone traffic
controls must comply with U.S. Department of Transportation/Federal Highway Administration guidelines.

Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on city property, including a complete written report thereof to the Project Manager within twenty-four (24) hours following the occurrence.

E. Waste Management

The contractor shall haul and deposit all rubbish, debris and green waste in compliance with applicable provisions of Palo Alto Municipal Code Chapter 5.20.

Contractor shall use onsite dumpster for garbage, compost and/or recycling located within Park locations and may be able to utilize dumpsters located within City Facilities to deposit the specific debris from that Facility into the correct dumpsters. Contractor is responsible for hauling all rubbish, debris, and green waste to the proper locations within City limits. All green waste accumulated within Sections A through F and Section I of this contract shall be hauled to the City’s Municipal Service Center (MSC) and deposited in the green waste bin.

a) Separation of Waste
All persons shall separate the refuse according to its characterization as solid waste (garbage), compostable materials or recyclables materials. Place each type of refuse in a separate container designated for disposal of that type of refuse. No comingling or mixing of waste is allowed. PAMC 5.20.030(b)
.

b) Colored Bags
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
26 Packet Pg. 82 of 638

City of Palo Alto General Services Agreement 18 Rev. March 29, 2018

Use of colored bags in public containers. Blue see-through bags for recycling containers.

Green compostable see -through bags for compost containers. Clear see-through bags for garbage. PAMC 5.20.030(c). The purpose of using colored bags is to keep the three waste streams segregated to the point of placing the bags into the colored metal refuse bins. Bins would be serviced by the City’s waste hauler.

c) Use of Collectors Containers
The Palo Alto Municipal Code Chapter 5.20 requires the City’s refuse collector to provide collection services. Contractors collecting refuse at public places or generating waste during landscaping activities are required to utilize C ity provided refuse container(s). Parks Department will provide the locations for the refuse containers for the contractor to use. The refuse containers will be serviced by the City’s refuse collector. PAMC 5.20.040 .

d) Provide Waste Sorting Training
New employees must be trained on the proper separation of waste into the three different categories – recycling, compost and garbage. This must occur within 14 days of being hired. In addition, the contractor is responsible for training all employees at least annually on waste sorting requirements. PAMC 5.20.108(d).

GreenWaste of Palo Alto staff can
provide this training. Please contact [email protected] or call (650) 493- 4894.

Clippings trimmings, cuttings generated by the Contractor that cannot be used as mulch shall be promptly removed from the work site at the en d of the same day the wo rk is performed.

F. Project Hours of Operation

The contractor’s hours of operation shall conform to the hours of 6:00 a.m. to 5:00 p.m. during the life of the contract. The Contractors hours of operation shall conform to the hours of 6:00 a.m. and 3:00 p.m. for medians and roadside strips.

Hours of operation in the University and California Avenue Business District are an exception. Cleaning equipment (other than leaf blowers), when used in public streets and public sidewalks within the public right -of-way in business districts shall be allowed during the hours of 10:00 pm and 8 :00 am daily , providing no such piece of equipmen t shall produce a noise level that exceeds 9 0 dBA measured at a distance of 25 feet (PAMC

9.10.080).

Any other exception shall only be authorized with prior approval of the City’s Project Manager.

G. City Noise Control Ordinance

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
27 Packet Pg. 83 of 638

City of Palo Alto General Services Agreement 19 Rev. March 29, 2018

The contractor and any subcontractor shall always conform their operations to the requirement of the City of Palo Alto Noise Ordinance (PAMC 9.10), an electronic digest of the provisions can be found at this link PAMC 9.10.

Contractors shall not utilize fuel powered leaf blowers. Contractors shall only use electric and/or battery-operated leaf blowers throughout all sections of this contract.

H. Spare the Air Days

The contractor must comply with regional “Spare the Air” recommendations on designated “Spare the Air Days” that occur throughout the year. At a minimum, no gasoline powered equipment shall be used after 10 :00 a.m. on “Spare the Air Days”. The City’s Fie ld Service Inspectors and/or Project Manager will notify the contractor when a “Spare the Air” alert has been designated. The c ontractor must coordinate work schedules to accommodate “Spare the Air” recommendations.

I. Materials

All materials shall be provided by the c ontractor and shall be the highest quality available.

Commercial fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. The contractor shall have SDS sheets for all chemicals available upon request. The City’s Field Service Inspectors and/or Project Manager must approve all materials.

The City reserves the right to contact any vendor directly, if the contractor fails to meet scheduled deadline within Exhibit B.

1. Water is to be furnished by the City.

2. Fertilizer shall be a complete, seasonably appropriate organic (OMRI certified) granular fertilizer furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition always. For acidic loving plants (Camellia’s, Rhododendron’s, Azalea’s, etc.) an organic acidic fertilizer shall be used.

If there arises a question as to the need for application of fertilizer or the formulation of a fertilizer, soil samples shall be taken from locations specified by the City's representative. They shall be analyzed by a licensed soil analyst at the Contractor's expense and the results and recommendations for the formulation and rates o f applications of a complete fertilizer shall be submitted to the City's representative.

Contractor shall formulate and apply the fertilizer as per the recommendations of the soil analyst. If the application of iron, zinc or other trace minerals is recommended by the soil analyst or by a recognized plant pathologist to correct a specific soil deficiency, it shall also be applied according to these recommendations at the Contractor's expense.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
28 Packet Pg. 84 of 638

City of Palo Alto General Services Agreement 20 Rev. March 29, 2018

3. Pesticides shall be of the highest quality obtainable, brought to the job site in the original manufacturer's containers, properly labeled with guaranteed analysis. Any necessary permits, recommendations, etc. shall be the responsibility of the contractor.

4. Plant materials shall be of the highest quality, displaying a healthy appearance and of a size relevant to their container size. The City’s Field Service Inspectors and/or Project Manager must inspect and approve all plant materials prior to planting.

5. Turf seed shall be of the highest quality available, industry recognized, and approved by the City’s Field Service Inspectors and/or Project Manager prior to application.

6. Plant stakes, ties, guy wires shall be of materials to match those existing on the site or approved equal.

Below is a chart showing common materials specified and estimated quantities to be used in this contract for each year. It is the contractor’s responsibility to confirm the amounts listed below for accuracy and take into consideration other materials listed within the sites specifications that may not be captured below.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
29 Packet Pg. 85 of 638

City of Palo Alto General Services Agreement 21 Rev. March 29, 2018

Approx. Amounts of Materials to be used in Sections A, B, C, D, E and F, Per Each Year of Contract

Material Type Estimated Quantities

PRZ (70% TD-320 sand 30% organic
compost (1/4" minus, shall be
free/screened of rocks, trash, clumps,
and other debris) or approved equal

Approx. 254 cubic yards

Engineered Wood Fiber for Playground
Safety Surfacing

Approx. 700 cubic yards

Playground Sand (specific type to match
existing)

Approx. 200 tons

Bowling Green USGA Kiln Dried Sand

Approx. 18 tons

20% blue grass/ 80% perennial rye grass

Approx. 12,000 lbs

OMRI Approved
5-6-6 Starter Fertilizer
Approx. 13,500

OMRI Approved
10-2-8 Fertilizer
Approx. 43,062 lbs

Baseball Infield Mix Approx. 125 tons

J. Shrub, Tree and Ground Cover Care

Maintain all shrubs and all ground cover in a healthy growing condition by performing the following operations and other work incidental thereto:

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
30 Packet Pg. 86 of 638

City of Palo Alto General Services Agreement 22 Rev. March 29, 2018

1. Water Management – Contractor shall hand water all pots that do not have automated irrigation. Water to establish moisture to the full depth of the root zone.

Watering shall be done in a manner to avoid erosion,
excessive runoff, puddles, or creation of a waterlogged soil condition.

Upon request of Field Service Inspector, hoses and portable sprinklers shall be used to supplement the irrigation system where necessary to ensure complete coverage.

2. Pruning and Trimming

A. Pruning and trimming, shall be done by a qualified, trained professional personnel.

Documentation of training and experience shall be given to City’s Project Manager upon request for each employee.

B. Excessive pruning or stubbing back shall not be permitted.

C. All pruning cuts shall be properly made: They shall be cleanly cut with no tearing of the bark.

D. The Contractor is responsible for replacing, at their cost, any damage to plant materials caused by excessive pruning, improper pruning techniques, poor equipment, etc.

E. All dead or damaged branches shall be removed immediately from shrubs and ground covers. Any dead or damaged branches located in trees shall be secured (either by the means of caution tape, cones, or barricades) and reported to City’s Field Service Inspectors and/or City Project Manager.

F. Pruning and trimming of shrubs and ground cover shall be done as needed, and/or requested by Field Service Inspectors, to achieve the following:

I. To cut back branches that are rubbing on walkways, fences and impairing or posing a safety hazard to pedestrians, bicycles, or vehicles.

Contractor shall not prune any tree branches.

II. To maintain desired shape of plant material.

III. To maintain proper maintenance on plant material.

IV. To remove dead branches, diseased sections of shrubs, spent flowers, etc.

G. Staking Plant Material

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
31 Packet Pg. 87 of 638

City of Palo Alto General Services Agreement 23 Rev. March 29, 2018

Maintain and replace stakes and plant ties with equal material. Maintain and replace plant ties to provide support without chafing of bark. Plant ties shall be loosened accordingly to avoid chafing of bark. Additional stakes and/or guys shall be placed from time to time to correct misshaping caused by wind. Stakes and guys shall be removed upon request of City’s Field Service Inspectors and/or Project Manager.

3. Flower beds and perennial areas shall be raked, cultivated, and pruned/dead headed as needed, but no less than once per week.

4. Ground cover along curbs must be kept within curb and height trimmed as needed.

5. Ivy ground cover shall be mowed with a composting mower once a year in the winter as scheduled by City’s Field Service Inspectors and/or City’s Project Manager. Areas are to be determined by City’s Field Service Inspectors. Most ivy/ground cover areas have irrigation, primarily fixed risers. The City shall flag all irrigation components prior to ivy mowing. The contractor is responsible for repairing any damage to the irrigation system due to negligence.

6. Tree Pruning/Maintenance
a) No tree pruning shall be performed to any trees at any site in this contract unless authorized by Field Service Inspector and/or Project Manager.

b) All trees that measure below the A.D.A height requirement of 84” above ground level shall be reported to City’s Field Service Inspectors and/or City Project Manager.

Field Service Inspectors and/or Project Manager will schedule the tree pruning with City’s Public Works Tree Department.

c) Suckers located at the base of each tree shall be removed by trained employees, limited to only using hand pruners . City contractor will designate emplo yees that have been trained to perform this duty and have been trained by City Staff to perform this duty. Hedge trimmer, line trimmer, herbicides or any other type of mechanical or chemical mechanism shall not be used to remove or control suckers.

d) Tree volunteers shall be removed at first sight. These volunteers shall be removed before reaching 4ft in height but are preferred to be removed by 2ft. If the height exceeds 4ft, tree volunteer shall be reported to Field Service Inspectors and/or Project Manager for proper postings and removal process through Public Works Tree’s Department.

e) Contractor shall keep tree wells weed free and mulched with a 3” deep layer to assist in suppressing weeds in Parks, Medians, and City Facilities. Tree well diameters may vary dependent on location, size, and drip line of trees. A minimum DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
32 Packet Pg. 88 of 638

City of Palo Alto General Services Agreement 24 Rev. March 29, 2018

of a 6ft in diameter, or 3ft in all directions from the tree trunk shall be maintained unless otherwise directed by Field Service Inspectors and/or Project Manager.

VII. INTEGRATED PEST MANAGEMENT (IPM) and SUSTAINBLE LANDSCAPING

The City of Palo Alto has an award winning IPM program and received Department of Pesticide Regulation IPM Innovator Award in 2003 and 2011. The City’s IPM policy and practices have improved pest control and plant health and reduced staff and environmental exposure to pesticides. Total pesticide uses from 2013 to 2016 was reduced to an average of 105 pounds per year, a reduction of 73% since 2001 -2007.The City prioritizes maintaining site conditions to maximize plant health to minimize pests. Preferred pest management techniques include using California native plant species or varieties that resist pests; plant selection, pruning, fertilizing, and irrigation practices that reduce pest problems and disease and selecting the least toxic chemical control options for pest management as a last resort.

Contractor must:

1. Demonstrate in the proposal how pest management is performed to minimize pesticide use and to favor least-toxic pesticides when chemical use is needed;

2. Highlight any company IPM and BayFriendly/Rescape expertise;

3. Within 45 days and annually on the anniversary of this agreement, the Contractor shall submit to the City's Open Space, Parks and Golf Division an Integrated Pest Management Plan that complies wi th the City of Palo Alto IPM policy, goals and specifications outlined in this RFP. This IPM program shall be reviewed annually for updates and modifications with Open Space Parks and Golf Division staff. Frequent and thorough site inspections, on foot, will be needed to ensure no major infestations occur. The priority in addressing pests will be to conserve naturally occurring beneficial insects using selective applications of the least toxic effective materials;

4. Contractor shall provide any SDS sheets of chemicals that will be utilized;

5. The City’s contractor must comply with the City’s Municipal Regional Storm Water Permit requirements to avoid pesticide runoff to creeks and San Francisco Bay. The contractor will be required to:
a) Submit the Contractor Pesticide Use Log in Excel format to the City’s Project Manager within ten business days upon request (usually requested annually in December). The Excel form will be provided by the City and include specific date and application information. This information is used in the City’s annual Pest Management and Pesticide Use Report. T he City is required to report the total quantity of the active ingredient used as a permit condition and requires additional information beyond County Agricultural pesticide use reporting requirements.
b) Agree to permit provisions that require a City of Palo Alto Project Manager or Watershed Protection Manager to periodically shadow work to confirm DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
33 Packet Pg. 89 of 638

City of Palo Alto General Services Agreement 25 Rev. March 29, 2018

that pesticide applications conform with pesticide practices outlined in the contract;
c) Prohibit company use of any of the following pesticides without written permission from the City’s Project Manager:
• Carbamates including: aldicarb, carbaryl, propoxur, oxamyl and terbucarb
• Diamides including: Broflanilide, chlorantraniliprole, cyantraniliprole, cyclaniliprole, cyhalodiamide, flubendiamide, tetraniliprole • Diuron;
• Indoxacarb;
• Organo-phosphates including: chlorpyrifos, diazinon, and malathion; • Pyrethroids (allethrins, bifenthrin, cyfluthrin, cyhalothrin, cypermethrin, cyphenothrin, deltamethrin, esfenvalerate, etofenprox, flumethrin, imiprothrin, metofluthrin, momfluothrin, permethrin, prallethrin, resmethrin, sumethrin [d-Phenothrin], tau- fluvalinate, tetramethrin, tralomethrin);
• Neonicotinoids: acetamiprid, clothianidin, dinotefuran, imidacloprid, imidaclothiz, nitenpyram, nithiazine, paichongding, thiacloprid, and thiamethoxam.
d) Provide a list in advance of herbicides or other pesticides that are proposed for use for pre -approval by the City’s Watershed Project Manager/IPM Coordinator. The list must include the product name, active ingredient and EPA ID number. All chemicals must be approved for use prior to application.

6. Demonstrate in the proposal how weed control is maximized prioritizing non - chemical weed management techniques. City of Palo Alto relies on weed prevention as its first line of defense using thick mulches to suppress weeds, mowing, hand removal, weed flower and seed removal, sheet mulching and least toxic chemical control as a last resort. Using these strategies, the City of P alo Alto has reduced herbicides by as much as 89% compared to highest use years.

For the properties listed in this proposal, the City Palo Alto only uses herbicides in spot treatments (applying the herbicide to each weed) in the following situations:
a) In select planter beds, fence lines, or cracks in hardscapes as needed– typically two times per year;
b) to control invasive weeds that can overtake native plants; c) to control weeds such as thistles and foxtails which harm dogs and trail users.

7. Contractor shall comply with all the products SDS and label, as well as the California Department of Pesticide Regulations when applying any pesticide.

8. Use only OMRI Certified Fertilizers, unless otherwise approved by City’s Project Manager;

City of Palo Alto Integrated Pest Management Policy
.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
34 Packet Pg. 90 of 638

City of Palo Alto General Services Agreement 26 Rev. March 29, 2018

A. Pest control shall be done only by qualified, trained personnel, under the supervision of a State licensed pest control operator, using materials approved by the City’s Field Service Inspectors and/or Project Manager. The pesticide application shall be done with extreme care to avoid any hazard to any person, pet, or wildlife in the area or adjacent areas, or any property damage.

Application shall be in strict accordance with all governing regulations. The Contractor must provide, within 30 days of the Notice to Proceed, their Pest Control Operators License, and the names and license/certification numbers of any individuals responsible for or applying pesticides in accordance with this agreement. Upon request by Field Service Inspectors and/or Project Manager, contractor shall supply the City an updated list of employees that have received the yearly Herbicide Application Training requirement per California Department of Pesticide Regulation.

B. All pest infestations shall be reported to the City’s Field Service Inspectors and/or Project Manager. The Project Manager prior to application shall approve all pesticides applications.

Records of all pest control operations stating dates, locations, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of three (3) years.

C. Rodent Control - Contractor shall control gophers, moles and other rodents causing damage to City Property under the site area of responsibility using trapping only or other approved methods without the use of Rodenticides. Rodenticide shall not be used. In the event of visible evidence of such pests, contractor will restore the area to its proper condition if the da mage is current and prevention is within the contractor's control.

D. All chemicals requiring a special permit for use must be registered with the county Agricultural Commissioner's Office (CDPR) and a permit obtained with a copy to the Parks Open Space, and Golf Division.

E. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual, published by the University of California and the Pesticide Safety Information Series (PSIS) published by the California Department of Pesticide Regulation shall be adhered to.

F. Spraying is not permitted during heavy traffic (vehicle, bicycle, or pedestrian) periods or when winds create uncontrollable material drift and/or exceeds 5mph and/or as directed per chemical label. The Field Service Inspector and/or Project Manager will permit no spraying without prior approval and could permit no spraying if he/she believes one of the above is in violation. Contractor is to contact Field Service Inspectors for ideal times to spray certain sites when traffic is at its minimum to avoid conflicts with Park users.

G. Pesticide Use in Sections A through F.

All sites in Sections A through F shall be treated as Pesticide Free , unless otherwise requested by City’s Project Manager.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
35 Packet Pg. 91 of 638

City of Palo Alto General Services Agreement 27 Rev. March 29, 2018

However, if a new herbicide is approved for use in California that is equivalent to the effectiveness of glyphosate, with City’s approval, there may be flexibility to use that herbicide in certain locations within this scope.

Regardless of any City ap proved pesticides, no pesticide may be used within 100 feet of any playgrounds and creeks at ALL sites.

H. Pesticide Free Sites- No pesticides of any kind shall be used on designated Pesticide Free Sites.

Pesticide Free sites are listed below:

Pesticide Free Parks

1) Bol Park
2) Boulware Park
3) Cameron Park
4) El Palo Alto Park
5) Flood Basin (excludes aquatic portions, no fertilizers used on turf as well) 6) Hopkins Creek Side Parquets
7) Mayfield Park/College Terrace Library
8) Monroe Park
9) Sarah Wallis Park
10) Scott Park
11) Terman Park
12) Ventura Community Center
13) Weisshaar Park
14) Werry Park

Pesticide Free City Facilities

1) Adobe Creek Substations
2) Animal Control Services (this includes no fertilizers on turf areas) 3) Children’s Theater
4) Hale Well Substation
5) Matadero Well Station
6) Mitchell Park Library and Community Center
7) Ventura Community Center
8) Water Quality Control Plant (please see Section H for scope) 9) San Francisquito Creek Pump Station
10) All Community Gardens

I. Temporary notice shall be posted during and after a City location within this scope (excludes Pesticide-free Parks) has been sprayed. All areas sprayed shall be flagged and signed until the chemical has completely dried according to product label and/or SDS. Signs shall be provid ed by City upon the request of the contractor.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
36 Packet Pg. 92 of 638

City of Palo Alto General Services Agreement 28 Rev. March 29, 2018

J. Contractor shall replace any plant material that has suffered severely due to lack of proper pest management techniques and/or overspray of chemical (pesticides, herbicides, etc.), if such pest control is possible and practicable

K. All treated areas must be posted and monitored during and after pesticide application until material has settled and treatment area is completely dry accordingly to product label, SDS, and California Department of Pesticide Regulations. No unprotected person, pet, or wildlife may enter a treated area until all re-entry intervals have been met. Contractor shall comply with all California Department of Pesticide Regulations laws when applying any pesticide within the scope of this contract

L. Weeding

All areas, including but not limited to: shrub beds, flower beds, groundcover beds, tree wells, paved areas, sidewalks, cracks, stairways, pavers, expansion joints, decomposed granite paths, picnic areas, playgrounds, under bleachers/benches, shall be kept maintained at an acceptable level.

Weeds shall be removed whenever the appearance becomes unsightly or when requested to do so by City’s Field Service Inspectors and/or Project Manager.

M. Fertilization

Fertilize shrub, ground cover, and planter bed areas three times a year with OMRI approved Nature Safe 10-2-8 (or approved equal). Fertilizer shall be applied in the spring, summer and in the fall not to exceed 6,000 lbs. per year.

N. Replacement of Material

Remove dead and damaged plants and replace with material of equivalent size, conditions and variety, subject to approval and purchase of City Project Manager. Labor shall be provided by the Contractor in a timely manner. Plant material shall be provided by the City's Open Space, Parks and Golf Division unless damaged is caused by Contractor’s negligence (i.e. chemical damage, mechanical damage, water stress.)

Damage not resulting from Contractor's negligence, such as vandalism, vehicle, or weather shall be reported promptly to the City’s Field Service Inspectors and/or Project Manager.

Contractor shall inspect all sites prior to the contract and contact Field Service Inspectors and/or Project Manager with any concerns regarding the condition of plant material.

O. Nurturing Soil Health:

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
37 Packet Pg. 93 of 638

City of Palo Alto General Services Agreement 29 Rev. March 29, 2018

Leaf drop shall become part of the mulch layer in the trees, shrubs or groundcover areas in an attractive manner and away from high traffic areas. Leaf debris shall not exceed 4” in depth and not be allowed to enter storm drains. Natural drainage swales, culverts and storm drain inlets shall be kept clean.

Mulch shall not interfere with the health of all plant material.

Leaf debris shall not be blown onto turf and be mowed/mulched.

If leaf debris poses a fire hazard, per the request of City’s Field Service Inspector and/or Project Manager, all leaf debris must be cleaned up.

P. Urban Forestry Mulch (wood chips) shall be maintained under all trees and shrubs and on bare soil with a minimum 3 -inch layer. Mulch shall be provided by City’s Public Works Tree’s Department. All labor costs regarding, but not limited to spreading, transporting, and maintaining the mulch shall be covered by the contractor.

VIII. TURF MAINTENANCE

A) The following turf maintenance guidelines apply to all turf areas included in this agreement (unless otherwise specified). Turf shall be maintained areas in a healthy, safe, and aesthetically pleasing condition by performing the following operations and other work incidental there to:

a. Mowing - All turf areas are to be mowed once a week. An add itional weekly mowing may be requested due to weather conditions, special events, and growth flush after fertilizing. Mower settings are to be at 2” to 3" in height, depending of turf variety. All clippings shall be removed when unsightly and requested by the City’s Field Service Inspectors and/or Project Manager or be mulched using mulching blades dependent on the number of clippings. All turf areas at each site must be mowed on same day.

b. Aerification - All turf areas are to be aerified twice a year, Spring (by the end of May) and Fall (by the end of October). Core size shall be at least 3/4" in diameter and 3" - 4" in depth and aerated in two directions. Hydraulic and/or gas aerators may be requested by Field Service Inspectors if depth is not being met. Cores do not need to be removed.

c. City staff shall flag/mark irrigation system heads, valve boxes, and quick couplers.

Contractor shall notify City Staff of aerification scheduling minimum of two days prior to start of aerification. Contractor is responsible for repairing any damage caused by aerification equipment. This includes but not limited to, irrigation boxes, quick couplers, sprinkler heads, valves, etc.

d. Edging - All turf edging shall be edged at least once per month. Examples of edges: along pathways, walkways, around shrubs, trees, sprinklers heads, valve boxes, mow bands, DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
38 Packet Pg. 94 of 638

City of Palo Alto General Services Agreement 30 Rev. March 29, 2018

curbs, benches, light poles, or any other fixed object. HERBICIDES SHALL NOT BE USED AS A EDGING TOOL. Care must be taken not to damage trees, shrubs, or any other fixed object with edging equipment. String trimmer damage to trees and roots will not be tolerated.

e. Grub/Larvae Control – Contractor shall keep all turf areas free of grubs and larvae.

Damage caused by grubs and larvae shall be re -seeded with an approved turf seed.

Nematodes or an organic product approved by City’s Field Service Inspectors and/or Project Manager, shall be the only means of treatment.

f. Fertilizing turf shall be done three times annually early Spring (by the end of March), late Spring early Summer (by the end of May), Fall (by the end of October) using 6 pounds per 1,000 square feet, u sing OMRI approved NatureSafe 10 -2-8 all seasons organic fertilizer (or approved equal) at a rate of 1.0 pound of actual nitrogen per 1,000 square feet.

g. Safety hazards must be addressed immediately. Fill holes in turf areas immediately, regardless of cause, as they develop with enough soil to prevent tripping hazards. Soil shall be provided by City unless due to Contractors neglect, then Contractor shall supply soil. Contractor is responsible for picking up soil from City’s Municipal Services Center (MSC).

h. Contractor shall re -seed small bare areas, not to exceed 200 sq. feet per park, on a monthly basis using materials and methods approved by the City’s Field Service Inspector and/or City’s Project Manager. These methods shall consist of the same materials used for turf renovations as specified in this contract.

i. Turf Sweeping – The contractor shall sweep turf areas manually or mechanically at the request of the City’s Field Service Inspectors or City’s Project Manager. Sweeping will be requested to r emove or dis perse excess turf clippings or leaves. Requests will be more frequent during the fall season, after wind related events, and skipped mowing intervals by the Contractor.

B) Playing Fields Maintenance Procedure

The contractor shall apply Playing Field Maintenance Procedures to the following sites May through September per each year of contract:

1) Briones Park
2) Cubberley Community Center (see Section G for additional details) 3) Eleanor Park
4) Hoover Park
5) Peers Park
6) Mitchell Park
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
39 Packet Pg. 95 of 638

City of Palo Alto General Services Agreement 31 Rev. March 29, 2018

7) Ramos Park
8) Rinconada Park
9) Robles Park
10) Seale Park
11) Ventura Community Center

a. All playing fields shall be mowed twice per week. Mower settings are to be at 2” to 3" in height, depending of turf variety.

b. Playing field turf areas shall be aerated once per month using a conventional slicing/shattering tines drum aerator like the Aerway slicing aerator. This will be completed by aerating in one direction. All sprinklers, quick couplers, or other impediments shall be flagged by City staff before this procedure is initiated.

c. All playing fields shall be slit seeded once per month. Seeding rates shall be 20% Bluegrass and 80% Perennial Rye grass or approved equal. Contractor shall provide Bermuda seed or another variety of sport turf seed upon request of the Field Service Inspectors. Field Service Inspectors shall approve Bermuda type prior to seeding area. Seed varieties must be industry recognized for quality and approved by City’s Field Service Inspectors and/or City’s Project Manager. Both seed varieties shall be applied uniformly, by separate applications of 2 lbs. per 1,000 square feet for blue/rye and 43 -86 lbs. per acre for Bermuda.

d. Contractor shall provide verification of seed varieties (seed label tags) and quantities (shipping tags) during and after each area of renovation. Contractor will document all procedures and provide a daily diary of grow-in activities.

e. Field areas will be fertilized using OMRI approved NatureSafe 5-6-6 starter organic fertilizer (or approved equal), to enhance germination and initial seed vigor. Fertilizer is to be evenly distributed at 2 lbs. per 1,000 square feet. Areas shall be fert ilized after each slit seeding has been completed.

f. City shall furnish water and all watering schedules. Contractor shall report watering concerns to City’s Watering Manager, Field Service Inspectors and Project Manager throughout grown-in period.

C) Soccer Field/Turf Renovation Procedures

a. Orange snow fencing shall be installed to isolate field renovation area from use or encroachment by the general public. Six-foot-high portable chain link fence shall be used for Cubberley Community Center and Mitchell Park Dog Run turf renovations. Fence opening shall be locked using the contractors lock and City’s Corbin lock, linked together.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
40 Packet Pg. 96 of 638

City of Palo Alto General Services Agreement 32 Rev. March 29, 2018

b. A minimum of four signs (additional signs may be requested) must be provided in a Who What Where Fact sheet format. City shall provide contractor with appropriate signs .

Contractor shall post all signs onsite, upon request. Fenced area shall be placed in a manner not to interfere with irrigation system watering the newly renovated area.

Contractor shall be responsible to m aintain all fencing throughout the renovation period.

c. If necessary and upon approval of Field Service Inspectors and/or Project Manager, the field shall be treated with an approved herbicide to eliminate weeds posing safety hazards.

d. Turf areas shall be scalped mowed down to approximately 1 .5". Excess clippings shall be cleaned up and disposed.

e. All turf areas will be double aerated using either a conventional drum aerator or a pull behind mechanical hydraulic and/or gas tine aerator. This will be completed by aerating in two perpendicular directions. All sprinklers, quick couplers, or other impediments shall be flagged by City staff before this procedure is initiated. Core size shall be 3/4" diameter minimum, using a deep hollow tine aerator to a depth of 3" to 4”.

f. The turf areas shall be dragged after aeration to break up cores. After dragging has been completed, holes or low spots greater than 1" in depth are to be filled with PRZ Mix (70% TD-320 sand, 30% organic compost (1/4” minus, shall be free/screened of rocks, trash, clumps, and other debris)or approved equal by Field Service Inspector/Project Manager.

g. The goal is to level the field and eliminate low spots and bumpy areas to create a consistent and even playing field (25 cubic yards per full size soccer field is an estimated amount needed to achieve this result) The contractor must provide a sufficient amount of soil to achieve the desired field grade.

h. After leveling all fields, b roadcast seeding shall be used to seed entire turf area. Seed rates shall be 20% Bluegrass and 80% Perennial Rye grass (Fiesta 4) or approved equal at 250lbs per acre. Contractor shall provide Bermuda seed or another variety of sport turf seed upon request of the Field Service Inspectors.

i. Approximately 150 yards of PRZ Mix (70% TD -320 sand, 30% organic compost (1/4” minus, shall be free/screened of rocks, trash, clumps, and other debris) or approved equal shall be top-dressed at a thickness of ¼” on entire turf area. Field Service Inspector and/or Project Manager shall provide the final amount of topdressing mix needed.

j. Field areas will be fertilized using OMRI approved NatureSafe 5-6-6 starter organic fertilizer (or approved equal) to enhance germination and initial seed vigor. Fertilizer is to be evenly distributed at 10 pounds per 1,000 square feet.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
41 Packet Pg. 97 of 638

City of Palo Alto General Services Agreement 33 Rev. March 29, 2018

k. Contractor shall be responsible for grow in of the renovated areas. This includes notifying Field Service Inspectors, Project Manager and Watering Manager if there are any necessary irrig ation adjustments needed for optimal turf grow. Upon request of Field Service Inspector and/or Project Manager, contractor shall re-seed bare areas that did not take during the initial grow-in period.

l. Contractor shall provide verification of seed varietie s (seed label tags) and quantities (shipping tags) as requested by Field Service Inspector and/or Project Manager.

m. Soccer field and turf renovation shall be completed within 10 working days after the date upon which notice to proceed is issued by Field Service Inspectors or Project Manager.

IX. GENERAL MAINTENANCE AND CLEANUP
The following general maintenance and clean up guidelines apply to all areas included in this agreement.

A. All clippings, trimmings, cuttings generated by the Contractor shall be promptly removed from the work site at the end of the same day the work is performed.

B. All areas covered by this agreement, including but not limited to areas around shrubs and trees, non-landscaped islands, sidewalks, patios, planter beds, curbs and gutters shall be kept free from weeds, litter, rocks, glass and debris. Debris including, but not limited to:
paper litter, leaf and plant debris, household furniture, household appli ances, cardboard, cigarette butts, shopping carts (shall be returned to local business on same day), animal feces, biohazards (human feces, vomit, hypodermic needles), illegal drug paraphernalia, and vehicle parts. The Contractor shall provide its employees’ OSHA approved environmental, health and safety training to ensure compliance with all federal, state, and local laws or regulations.

C. Paved areas in all sites, including play and picnic areas, shall be swept and cleaned of any dirt, debris, weeds, litter or soils.

D. Picnic Area: All Tables, benches and barbecue pits shall be kept cleaned. BBQ pits debris shall be removed twice weekly, Mondays and Fridays year- round. Picnic area tables, BBQ pits and benches shall be scrubbed and washed using a biodegradable cleanser.

E. S and volleyball court and horseshoe pits shall be kept raked and cleaned of any debris. Sand shall be furnished by Contractor on an “as -needed” basis, type to be determined by Field Service Inspectors.

F. All parks shall be in spected by contractor for glass and other safety hazards by 10:00 a.m. daily.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
42 Packet Pg. 98 of 638

City of Palo Alto General Services Agreement 34 Rev. March 29, 2018

G. All decomposed granite pathways must be raked and not blown where indicated by the Field Service Inspectors and/or Project Manager. Upon approval of Field Service Inspector or Project Manager, contractor may water down decomposed granite pathways prior to using an electric blower to clean pathways where indicated by Field Service Inspectors.

H. Ornamental recycling/compost/garbage enclosures shall be kept clean with a biodegradable cleaner.

All garbage, recycling and compost containers must be emptied at the sites listed in this agreement. Garbage, recycling and compost containers more than half full must be emptied into their co rrect locations (example: recycling shall be recycled, compost shall be composted). Mechanically or physically compressing garbage is not permitted in lieu of emptying. All garbage, recycling and compost containers must be emptied on Mondays and Fridays. All garbage cans must have a garbage can liner. The Contractor is responsible for providing all recycling, compost and garbage liners. Blue see-through bags for recycling containers. Green compostable see -through bags for compost containers. Clear see- through bags for garbage. Re-using soiled garbage can liners are not permitted.

Please see VI General Conditions, E. Waste Management for further details.

I. Skate bowls, multipurpose bowls and handball courts must be kept clean. Bowls and handball courts are located at: Mitchell Park, Rinconada Park, Robles Park, Eleanor Park, and Hoover Park.

J. All signs including but not limited to Park signs, Park rules signs, and ornamental signs shall be kept clean.

K. All drinking fountains shall always be kept clean and free of debris.

X. PLAYGROUND AND PLAYGROUND EQUIPMENT MAINTENANCE

The following playground and playground equipment maintenance guidelines apply to all playground areas included in this agreement.

Playground and playground equipment maintenance shall be performed daily (Monday through Friday for all Parks, Sunday through Saturday for Mitchell Park and Rinconada Park) . Contractor shall post sign(s) in the playground stating, “Playground is Closed for Cleaning” during each cleaning.

Playgrounds shall be thoroughly cleaned and inspected by 10:00am at all sites.

Contractor shall follow the below guideline in the following order.

1) Contractor shall first walk entire playground picking up litter and inspecting for damaged or broken playground equipment presenting safety hazards.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
43 Packet Pg. 99 of 638

City of Palo Alto General Services Agreement 35 Rev. March 29, 2018

2) After completion, contractor shall level low spots within use zones of all playground equipment.

3) After leveling has been completed, contractor shall clean all playground equipment and surfacing in and around the play area.

A. All playground sites and equipment shall be inspected at the start of each workday. The fall cushioning material (sand, wood fiber, rubber surfacing) shall be cleaned and raked level to remove any foreign and hazardous material and neatly groomed daily.

B. Any playground equipment showing damage, vandalism or otherwise presenting an unsafe condition shall be reported immediately to the Field Service Inspectors and/or Project Manager and use caution tape, cones and/or barricades to secure area . If playground equipment is out of order and barricades, safety cones, and/or caution tape is used to secure the area, the contractors shall be respons ible for re -securing the area daily until issue is resolved.

C. Special attention shall be made to areas around and immediately adjacent to play equipment. The fall cushioning material in these areas shall be leveled by distributing material from high ar eas to low areas, material shall be added to edges. Edges shall not have a lip that exceeds 3 inches in height where applicable or requested by Contractor Manager or Field Service Inspector.

D. During the leveling and distribution of fall cushioning material, no concrete footings or bases of play equipment shall be exposed that could allow children to trip or fall on.

E. During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. Material shall be rototilled in compacted areas upon the request of Field Service Inspectors. The Contractor is responsible for supplying material (sand, engineered wood fiber, etc.) to playgrounds so that the uniform depth always meets safety guidelines (American Society of Testing Materials (ASTM) 1292 and ASTM 2223). Contractor shall provide labor to install all fall cushioning materials and material shall be applied within 30 days of initial request. If unable to meet deadline, contractor shall supply an electronic letter from the supplier stating the reason for not meeting the time frame listed above. If the contractor is not able to provide the City this information, the City reserves the right to contact the vendor directly.

All play areas with sand and fiber shall be maintained between 9” to 12” to meet ASTM and CPSC Standard and Guideline compliance. Contractor shall supply an approximate amount of 700 cubic yards of engineered wood fiber and an approximate amount of 200 tons of playground sand per year of this contract. Fiber must have a certificate showing its compliance for use as a p layground fall cushioning material. Certificate shall be given to City’s Project Manager prior to installation. Materials will be specified by Field Service Inspectors and/or Project Manager for each site. Please note types of playground sand differ DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
44 Packet Pg. 100 of 638

City of Palo Alto General Services Agreement 36 Rev. March 29, 2018

from site to site. Contractor shall be responsible for providing a sample of the fill with appropriate specifications prior to receiving approval from the City’s Fields Service Inspectors and/or Project Manager.

Sand will be blown back into the appropriate sand areas and kept out of all adjacent landscaping and walkways. If contractor is found to be blowing sand outside of the appropriate sand areas, the amount of sand listed above may increase.

Contractor shall supply a copy of the invoices from the supplie rs to City’s Contract Manager and Field Service Inspectors.

If materials are mixed in a play area (example: sand and fiber), incorrect material shall be removed and replaced by c ontractor with original material in tended for the area.

Contractor is responsible for providing the intended material for that area. Sand must always be kept separate from fiber.

F. The raking and distribution of fall cushioning material around and below the play equipment shall meet CPSC and ASTM Guidelines and Standards. T his condition shall extend through the use zone of any part of the play equipment. Use zones vary depending upon equipment type. The Contractor shall consult with the Field Service Inspectors and/or Project Manager for questions regarding use zones around playground equipment. Contractor shall match existing sand or engineered wood fiber.

G. All play areas shall be maintained free of litter, cans, pop tops, broken glass, sticks, Band - Aids, rocks, cigarette butts, ropes, toys, and other harmful and unsightly debris. Sweep or blow walkways around play areas and return fall cushioning material to play area. Gather loose belongings and set aside on a bench for two days until disposing. Items of value that are found shall be turned into the City’s Field Service Inspectors and/or Project Manager.

An example of these items are wallets, purses, backpacks, etc.

XI. HOMELESS ENCAMPMENTS

The contractor shall report to the Field Service Inspectors and/or Project Manager signs of any homeless encampments on all sites listed in this agreement. The contractor at the request of the Field Service Inspector and/or Project Manager shall remove incidental litter/debris generated by any homeless activity. The contractor at the request of the Field Service Inspector and/or Project Manager must remove encampments debris generated by any homeless activity after the encampment has been posted for removal by the Palo Alto Police Department. Encampment debris, including but not limited to cardboard, plywood, shopping carts, blankets, sleeping bags, coolers, tents, tarps are to be disposed of. The contractor shall cover all costs related to dumping fees.

XII. EQUIPMENT

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
45 Packet Pg. 101 of 638

City of Palo Alto General Services Agreement 37 Rev. March 29, 2018

The contractor shall provide a list of equipment inventory to be used during this contract with their bid submittal (see Attachment B -1 Equi pment). The inventory list must include description, model/make, and picture of equipment to be used for the maintenance of the landscaped and non- landscaped grounds specified in this contract.

Example List of Equipment Inventory.

List of Equipment Inventory

Description Make/Model Image of Equipment Amount
1) 36" Stand-
On Mower Toro
GrandStand 36"

4 2) 11' Ride-On
Mower
Jacobsen
HR600 Large
Area Rotary
Mower

2 3) Line
Trimmer Shindaiwa T302

20 4) Greens
Mower
Toro
Greensmaster
Flex 1018

2 5) Electric
Blowers
Stihl BGA 86 w/
AR 3000 L
Battery

18 DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
46 Packet Pg. 102 of 638

City of Palo Alto General Services Agreement 38 Rev. March 29, 2018

The contractor’s list of equipment inventory shall include but is not limited to:
• 36” and 72" mowers
• large rotary riding mower with a minimum of a 11’ wingspan • aerator’s
o walk behind hollow tine aerator for Bowling Green
o slicing aerator for Sports Fields Maintenance
o hollow tine aerator for regular aeration specification • slit seeder
• generators
• line trimmers
• pressure washer
• two greens mower with groomer attachment
• an artificial synthetic turf broom w/ magnet attachment (to maintain artificial turf field)
• walk behind thatcher
• battery operated leaf blowers that satisfy the City of Palo Alto’s noise ordinance requirements.

The contractor shall always furnish and maintain enough equipment as necessary to perform the work of this contract. Such equipment shall be subject to the inspection and approval of the Field Service Inspectors and/or City’s Project Manager.

If the contractor is unable to consistently provide the necessary equipment to perform the work, it may be considered a breach of this contract.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
47 Packet Pg. 103 of 638

City of Palo Alto General Services Agreement 39 Rev. March 29, 2018

SITE LOCATIONS AND SPECIAL INSTRUCTIONS

Site names, locations, address (when applicable) are listed below. Special maintenance instructions are listed, when applicable, for each site and shall be adhered to, in addition to, all other maintenance requirements listed in these specifications.

Site names, location, address (when applicable) are also listed on the City of Palo Alto Landscape Maintenance Google map.

Section A – Medians and Roadside Planter Strips
Section B – Parking Lots and Parking Garages
Section C – Parks
Section D – City Facilities
Section E – Utility Sub-Stations and Well Sites
Section F – Tennis and Pickleball Court Cleaning

SECTION A

MEDIANS AND ROADSIDE PLANTER STRIPS

Medians are defined as a landscaped area between traffic lanes used for the control of traffic.

Roundabouts/traffic circles are considered medians in this scope.

Roadside planter strips are defined as landscaped areas between sidewalk and roadway.

Bioretention basins are defined as basins that collect storm water runoff into the treatment area which consists of plant materials.

A. MEDIANS AND ROADSIDE PLANTER STRIPS

Item 1 - Alma St East and Center Medians. –From San Antonio Rd. to Ferne and Greenmeadow to East Meadow. Keep plant material at 8” in height at all times for visibility at the corner of Ferne and Alma St.

Includes planter area on east side of Alma and East Meadow (between sidewalk and residents fence line).

Trim ground cover 2 feet away from fence. Trim ground cover off fence upon resident request.

Includes center median on Alma, south of San Antonio Ave.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
48 Packet Pg. 104 of 638

City of Palo Alto General Services Agreement 40 Rev. March 29, 2018

Item 1A - Alma St. West- Alma between El Carmelo and El Dorado, corners at West Meadow and Alma, corners at West Charleston and Alma

Keep all plant material below 3ft in height at West Meadow and West Charleston.

Maintain plant material located between El Carmelo Ave. and El Dorado Ave.

Item 2 - Arastradero Rd. – Clemo Ave to east of Deer Creek Rd.

Includes center medians and planter strips located along the north side of Arastradero Rd and planter strips located east of Terman Drive, along Fletcher Middle School and planter strip located on south side of Arastradero Rd across Willmar Drive. Also includes planter strip located on the south side of Arastradero, in front of 687 Arastradero Road. Also includes planter strip west of 695 Arastradero Road, located between sidewalk and roadway, until Gunn High School driveway.

Includes center medians, sidewalks, fence lines, and sidewalk strips on the west side from Hubbartt Dr. to the Arastradero West Apartments driveway

Includes cement medians on the east and west side of the intersection at the Foothill Expwy.

Includes planter strip along Gunn High School between roadway and sidewalk

Includes the cement and landscaped medians west of Foothill Expwy. to Deer Creek Rd.

Item 3 -Birch St. Medians – Center medians from California Ave. to Oregon Expressway.

Item 4 - California Avenue -- Medians and sidewalk planting strips on California Avenue from El Camino Real to CalTrain property

Contractor is responsible for maintaining the ornamental water fountain at the east end of California Ave nue at Park Blvd. The contractor shall perform the following routine/regular maintenance. Please refer to Lytton Plaza’s Fountain Protocol for details.

Item 5 -- California Avenue Business District Tree Wells – Any and all tree wells within the California Avenue business corridor between Cambridge Ave. and Sherman Ave.

Item 6 - N. California Ave. – Landscaped right -of-way on the north side of street between Middlefield Rd. and Barbara Drive (up to resident’s driveway).

Item 7– East and West Charleston Road- Corridor Medians -

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
49 Packet Pg. 105 of 638

City of Palo Alto General Services Agreement 41 Rev. March 29, 2018

Fabian Street to El Camino Real

Fabian to Louis on East Charleston Rd. – southern planter strip between roadway and sidewalk, 150 ft west of Fabian Way.

Louis Road to Grove Ave.- center medians.

Includes landscaping in front of 706 East Charleston, west of Sutherland Drive.

East Charleston, southern landscape strip located east of Nelson Drive, to shopping center driveway (between sidewalk and roadway).

Includes planters’ strips between both driveways to Hoover School on north side of East Charleston Road.

Includes landscape on southern ends (east and west) of Carlson Court.

Includes landscape west and east corners of Mumford.

On Charleston Road, East and west of Nelson Drive, center medians to Alma Street.

Includes cement/landscaped median at Louis Rd and East Charleston

Sidewalks and planting strips from Carlson Ct. to Alma St, north side of Charleston.

Trim plant material 2 feet away from fence. Trim ground cover off fences upon residen t and/or Field Service Inspectors request.

Includes center median west of Wilkie Way and in front of 493 West Charleston Road.

Item 8 - Downtown Tree Wells – Lytton St. to Forest Ave. (north to south boundary) and from Alma St. to Webster St. (east to west boundary)

Remove litter weekly. Remove tree suckers monthly.

Item 9 - El Camino Real – Medians and planter strips on El Camino Real from the intersection of Palo Alto Ave. to Dinahs Ct.

Includes triangular planter at the intersection of Palo Alto Ave (north of El Camino Park).

Does not include center medians and sidewalk planter strips from Sand Hill Rd. to Quarry Rd. Does not include medians near University Ave.

Includes medians and landscaped areas on El Camino Way.

Litter shall be picked up on all medians 1x per week.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
50 Packet Pg. 106 of 638

City of Palo Alto General Services Agreement 42 Rev. March 29, 2018

Item 10 - Eleanor Park Area Cul de Sacs – Landscaped medians (7) in the Eleanor Pardee Park area located on
• Arcadia Place (Pollinator Garden)
• Island Drive (Pollinator Garden)
• Kent Place
• Tevis Place
• Kirby Place
• Somerset Place
• Regent Place
Note: Certain medians are maintained by volunteers, please confirm with Field Service Inspectors for details on specific ones.

Item 11 - Embarcadero Rd. Islands/Underpass –
Starting from east to west on Embarcadero Rd.;
• Center medians located east of Geng Road to West Bayshore Road (101 overpass) • Between St. Francis Drive and Wildwood Lane, north side • North California Avenue, south side
• Primrose Way (Pollinator Garden), north side
• End of Seale Avenue at the corner of Louis, south side • Guinda Street (Pollinator Garden), south side
• End of Coleridge Avenue at Middlefield Road, south side • Churchill Avenue (Pollinator Garden), south side
• End of Melville at Bryant Street, north side
• End of Kingsley at Emerson Street and Emerson at Kingsley (center median), north side
• Kingsley Avenue/High Street median, south side
• Kingsley Avenue (turf area), south side

Includes north and south hi llsides, located at east and west of Embarcadero Underpass. Also includes stairs on east side of Embarcadero Underpass, on north and south side. Includes north and south walkways from Kingsley to traffic signals located west of Embarcadero Underpass. All walkways along the underpass must be cleaned weekly. Keep all signs clear and maintain vines on both sides of Embarcadero Underpass.

Item 1 2 - Evergreen Park Neighborhood Closures/Park Blvd. Medians - Landscaped and cement street closures (13 locations) located between Park Blvd. and El Camino Real at or near the following intersections: W. Meadow, Margarita Ave., Chestnut Ave., Mariposa St., Park Ave., College St., Oxford St., College St., Birch St., Ash St., and Leland St.

Item 13 - Forest Ave. – Center median (turf) between Lincoln Ave. and Boyce Ave.

Item 14 - E. & W. Greenwich St. Cul de Sacs - Landscaped/turf medians located on the east and west side of Newell Rd.
*W. Greenwich is a pollinator garden.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
51 Packet Pg. 107 of 638

City of Palo Alto General Services Agreement 43 Rev. March 29, 2018

Turf shall be mowed weekly.

Item 15- Kellogg at Middlefield- Landscaping on all four corners. Includes two planter areas.

Item 16 - Lytton/Guinda –Landscaped median at Lytton Ave. and Guinda St.

Item 17 - Melville Island – Landscaped median at Greenwood Ave.

Item 18 - Miranda Avenue – Medians along east road shoulder from Arastradero Rd. to Arroyo Ct.

Item 19 - Oregon Expressway – Medians, planter strips and hillsides from West Bayshore Rd. to El Camino Real.

Height and side trimming of shrubs shall be completed twice a year in April and October or as scheduled by Field Service Inspectors. Height trimming shall be at minimum 12 feet vertically on all sides. Upon request, hedges shall be hedged up to the top of the plant material.

Keep all ivy off shrubs and trees.

Includes sidewalks on south and north side. Keep vegetation off sidewalks, blow walkways weekly.

Includes keeping ivy and shrubs off fence line on south side.

Includes cul -de-sacs: High St., Emerson St., Ramona St., South Ct., Tasso St. (off Marion Ave.), Warren Way.

Includes hillsides on north and south sides of Oregon Underpass and planter areas from Alma to El Camino Real.

Includes ivy/vines along guardrails, fence lines, and bridge railings in the proximity of the Alma St. on/off ramps between Sheridan Ave. and Sherman Ave.

Includes landscaping in clover leaves on all sides of Oregon Expressway at Alma. Includes walkways located along Alma and planter strips located between on and off ramps and pla nter and walkway located between Colorado and on ramp to Oregon northbound.

Includes planter strip located at the south east corner of Oregon Expressway and Waverly Street.

Keep all hardscaped areas along on/off ramps from 200 block of Page Mill Road (al ong Oregon Expressway) to Alma St. free of weeds and maintain all plant material.

Clean drainage outlets and gutters clear of weeds along the north side of the underpass from the Alma St. ramp to the California Ave. turn off.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
52 Packet Pg. 108 of 638

City of Palo Alto General Services Agreement 44 Rev. March 29, 2018

Includes weed control on center medians from El Camino Real to Alma.

Item 20 - Page Mill Rd. – El Camino Real to Foothill Expressway.

Keep ivy/vines trimmed away from signage attached to all overpasses.

Includes weed control and maintenance of all plant material on all medians including cement traffic light medians from El Camino Real to Foothill Expressway.

Includes pathway and planter strip on the northwest side of Page Mill Rd. from Peter Cout ts Way to Foothill Expwy.

Item 21 - Quarry Rd. – Median west of Welch Rd.

Item 22- Roundabouts-
Everett Ave at Emerson (Downtown)
Everett Ave at Webster (Downtown)
Lytton at Fulton (Downtown)
Bryant at Addison (Downtown)
Park Blvd at Stanford Ave (Peers Park)
College Ave at Yale St. (College Terrace)
Cambridge Ave at Yale St. (College Terrace)

Item 23 - San Antonio Rd. Medians/Planter Strips/Interchange/Right-of-way – Frontage Road (end of Ciardellas property, 1001 San Antonio Ave) to Alma, includes all medians and planter strips, north and south along walkways as well as center median. Excluding Jewish Community Center planter median located on the north side of San Antonio Road at the corner of Charleston. Contact Field Service Inspector or Project Manager for details.

Alma to Frontage Road (end of Ciardellas property) keep all cement medians free of weeds. Includes medians on San Antonio Ave, between Briarwood and Alma

Includes hedges and plant material between San Antonio Road and Frontage Road to 1001 San Antonio Ave.

Includes center medians up to the middle of San Antonio overpass.

Includes San Antonio northern cloverleaf.

Item 24 - University Ave. – Median islands from north bound El Camino Real to High St. Tree wells from Alma St. to Webster St. Landscaped corners (28) between Emerson St. and Cowper St.

Landscape planter with the Welcome to City of Palo Alto sign located on the north side of University Avenue near Woodland Ave. (City of Palo Alto sign)

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
53 Packet Pg. 109 of 638

City of Palo Alto General Services Agreement 45 Rev. March 29, 2018

Litter and debris shall be removed daily from all landscaped areas and walkways.

University Ave. center median island at El Camino Real.

Includes University Circles landscaping and blowing of all sidewalks.

Includes triangular islands located along the off ramp from northbound El Camino Real to University Ave and on ramp from University Ave to northbound El Camino Real.

Item 25 - 101/West Bayshore Rd. Sound walls – North sound walls from Embarcadero Rd. to City Limits; South sound walls from Oregon Expwy. to Amarillo Ave.

Includes area from gutter to sound wall

Keep vines trimmed behind curb line

Thin vines as needed to prevent top heaviness

Item 26- West Meadow and East Meadow Medians - Maintain medians between Alma Street and Wilkie Way on West Meadow. Maintain planter strip along sidewalk, southeast of Alma, West of Ramona on East Meadow.

Item 27- AMBLUR
Ross at Corina - 2 middle islands
Ross at East Meadow - roundabout
Ross at Colorado - 2 middle islands
Ross and Loma Verde - 2 middle medians
Ross at Stone (south side) - 2 side medians (speed hump) Ross south of Ames Street- 2 side medians, 3 side medians across from 3412 Ross Ross at Richardson Court -2 side medians
Ross at Allen Court- 3 side median
Allen Ct and Loma Verde on Ross- 2 medians mid-block planter (speed hump) Ross at Stern 3 side medians, includes curb extensions
Ross, North of Stern- 2 side medians (speed hump)
Ross, south of Sutter- 2 side medians (speed hump)
Ross at Moreno- roundabout

East Meadow Drive at East Meadow Circle- 1 roundabout 4 side planters and 4 medians

East Meadow at Louis- roundabout
Ross at Louis- roundabout

Bryant at El Verano- 2 islands

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
54 Packet Pg. 110 of 638

City of Palo Alto General Services Agreement 46 Rev. March 29, 2018

Louis and Fielding- landscape strips
Louis and Moreno –landscape strips

Item 28- Rincon Circle Roundabout- across from 4198 Rincon Circle

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
55 Packet Pg. 111 of 638

City of Palo Alto General Services Agreement 47 Rev. March 29, 2018

SECTION B

PARKING LOTS and PARKING GARAGES

B. PARKING LOTS and PARKING GARAGES

Item 1 - California Avenue Business District Lots and Garages --

Landscape and hardscape maintenance. This includes litter removal from the entire parking lot, not just islands; and includes blowing the sidewalks.

Item 1A - Parking Lot 1 off Cambridge Ave.

Item 1B - Parking Lot 2 off Cambridge Ave.

Item 1C- Parking Lot 3/Ted Thompson Garage Cambridge Ave. & Birch St. • Train camellias to espalier. Keep shrubs pruned for visibility below 3ft in height.

Item 1D - Parking Lot 4 off Cambridge Ave.

Item 1E - Parking Lot 5 (Garage) off Cambridge Ave. at Mimosa Ln.

Item 1F - Sherman Parking Garage locate at 350 Sherman Ave.

Item 1G - Parking Lot 8 off Sherman Ave. and El Camino Real Item 1H - Parking Lot 9 off Cambridge Ave. at Birch St.

Item 2 - University Avenue Business District Parking Lots and Garages

Landscape and hardscape maintenance. This includes litter removal from the entire parking lot , not just islands; and includes blowing the sidewalks.

Item 2A - Parking Lot A –Emerson Street at Lytton Avenue Item 2B - Parking Lot C –Ramona Street at Lytton, south of Cogswell Plaza Item 2C - Parking Lot D – Hamilton Ave. at Waverly St.

Item 2D - Parking Lot E – 600 block of Gilman St.

Item 2E -Parking Lot F – Florence St. near Lytton.

Item 2F -Parking Lot G – 600 block of Gilman St.

Item 2G -Parking Lot H – Cowper St. at Hamilton Ave.

Item 2H - Webster/Cowper Parking Garage located between Cowper and Webster

• Routine Maintenance
• Report any safety issues or vandalism during your site visit. • Report any irrigations problems
• Remove litter and debris from site Monday and Friday. • Replace plant material as needed plants to be approved by City. • Weed removal chemical or mechanically in accordance with contract specifications.

Item 2I -Parking Lot K – Lytton Ave. at Waverly St.

Item 2J -Parking Lot N – 500 block of Emerson St. next to Lytton Plaza.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
56 Packet Pg. 112 of 638

City of Palo Alto General Services Agreement 48 Rev. March 29, 2018

Item 2K -Parking Lot O – 400 block of High St. between Lytton and University Ave.

Item 2L -Parking Lot P – 500 block of High St. between University Ave and Hamilton (includes alley way across High Street, north of Parking Garage located at 528 High Street).

Item 2M -Bryant/Lytton Garage – 445 Bryant St. (includes alley way from Lytton to Florence).

Item 2N -Parking Lot T – Corner of Lytton Ave. at Kipling St.

Item 3 - Midtown Parking Lot – Located west of 7200 block of Midtown Ct.

• Includes parking lot and landscaping only, as well as alley way located at the end of Midtown Ct. Please refer to maps for detailed location.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
57 Packet Pg. 113 of 638

City of Palo Alto General Services Agreement 49 Rev. March 29, 2018

SECTION C

PARKS

C. PARKS

*Please note, bioretention basins located within any Park locations shall only have litter/debris removal completed per the frequency of the site.

Item 1 - Bol Park – PESTICIDE FREE PARK - Laguna Ave. between Matadero Ave. and Barron Ave.

South boundary extends to the north side of the Matadero Creek bridge

Open space/native plant areas to the north/west of bike path: Native plant materials shall not be touched. Palo Alto Friends Groups maintain these natives throughout area.

This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down. Field Service inspector may request pathways be cleaned manually (with a rake) if dust particles are visible and/or upon residents’ complaints.

Item 2 - Boulware Park -- PESTICIDE FREE PARK- Between Fernando Ave. and Chestnut Ave.

Includes pump station on the south west side of park. Keep vines off building and fence lines clear to 3 feet.

Basketball court shall be cleaned Monday-Friday.

Note: Boulware will be closed for a complete renovation and expansion (construction date TBD).

Site will be closed for approximately 9 -12 months during construction. See Appendix A Site Maps, Section C2 for expansion details.

Item 3 - Bowden Park – High St. at N. California Ave.

Item 4- Bowling Green- 474 Embarcadero road at Cowper
• Maintenance includes all external and internal of Bowling Green.

Internal Turf Care

• The contractor shall begin by having a Soil Fertility and Agricultural suitability test. This test shall be performed annually. Soil samples must be taken from different areas of the green.

Recommended amendments shall be applied accordingly.
• Mow at a maximum height of 1/8 inch with a green’s mower MWF during the months of March – November. Mowing to be done in diagonal directions Remove clippings. • Mow 2x/weekly in December, remove clippings
• All grass clippings shall be removed
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
58 Packet Pg. 114 of 638

City of Palo Alto General Services Agreement 50 Rev. March 29, 2018

• Apply surfactant and/or wetting agent weekly upon request. • Activate groomer in opposite directions as requested. • Thatch the green to ¼ inch every as requested May - October. • Clean the green of debris 3x weekly prior to mowing.
• Manually supplement watering of green edges or dry spots as needed. Especially east edge beneath Oak trees. (Usually 3x /weekly)
• Edge green twice monthly, be cautious of wood border to not damage. • Rake and clean sand gutters and sand storage bunker on a weekly basis. • Manually weed cyclone fence boarders, sand gutters and sand storage bunker. • Clean asphalt and walkway areas around the clubhouse and green 3x/week, MWF • Manually aerate dry spots, and edges of the green as needed (edges need to done 3x annually as a minimum). Remove cores, topdress with kiln dried sand to fill holes and seed with hybrid Bermuda.
• Apply fungicide, pesticide, and/or herbicides to the green as needed. All chemicals shall be approved by City prior to contractor’s use.
• Everything inside the perimeter of the fence shall be kept weed free at all times. • Fertilize with Andersons Contec DG 18-9-18 by “spoon feeding” the green 2x per month. • Remove ivy from the trees around the green monthly
• Keep ivy off fence lines.
• Clean needles behind the clubhouse annually –end of December • Contractor shall have two greens mowers with groomer attachment

Green Renovation
• Green shall be renovated each year of contract. Schedule to be determined by Project Manager and/or field Service Inspector. Renovation would take place in the Spring or Fall (May or October) each year dependent on the usage of the facility. • Mow at a maximum height of 1/8 inch with a greens mower. • Thatch green diagonally, in two directions upon request of Field Service Inspector.

Thatch shall be picked up.
• Aerate the green with 5/8-inch tines and remove cores. • Top-dress the green with kiln dried sand that meets USGA recommendations with a particle size .25 mm to 1 mm (about 9 tons or equivalent in yards). • Fill aeration holes to top and remove excessive sand. • Broad cast Pure Select bent grass seed. Seed shall be dragged in. • Fertilize with City approved starter fertilizer or recommended products by Field Service Inspector and/or Project Manager.

Item 5 - Briones Park – Arastradero Rd. at Clemo Ave.

Includes traffic barrier at the north side of Clemo Ave. at Maybell Ave.

This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
59 Packet Pg. 115 of 638

City of Palo Alto General Services Agreement 51 Rev. March 29, 2018

Includes fence line at west side of park from Arastradero Rd. to Maybell Ave.

Basketball court shall be cleaned Monday-Friday.

Item 6 - Cameron Park – Wellesley St. between Stanford Ave. and College Ave.

Item 7 - Cogswell Plaza – Lytton Ave. between Ramona St. and Bryant St.

Item 8 - El Palo Alto Park – PESTICIDE FREE PARK - Palo Alto Ave. at Alma St.

Clean signs once per month along pathways.

Item 9 - Eleanor Park – Channing Ave. at Center Dr.

Garbage/recycling enclosure located inside of garden near well site shall be serviced 3x per week.

Item 10 - Flood Basin - PESTICIDE FREE - East Bayshore Rd. between Animal Shelter and Adobe Creek.

Mow 3 feet on east side of path.

Item 11 – Hale Well Park Area – PESTICIDE FREE PARK -Palo Alto Ave. at Hale Ave.

Turf and landscape on the west side of the Hale Well Site

Keep 3-foot clearance area behind creek side fence line

Item 12- Heritage Park- Corner of Waverly St. and Homer Ave.

Item 13 - Hoover Park – Cowper St. between Colorado Ave. and Loma Verde Ave.

Includes storage, bench, bleacher, and warm-up areas around Little League field.

Infield Maintenance

Mow infield 2x/week with walk-behind mower. Clippings shall be picked up.

Edge infield bi-monthly.

Fill in low spots with approved baseball infield mix 1x/week.

Baseball field infield shall be rototilled (ripped) with PTO driven tractor rototiller attachment to remove weeds along with “fluffing” (depth to be determined by City’s Field Service Inspector), leveling and compacting each infield in January/February, prior to baseball DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
60 Packet Pg. 116 of 638

City of Palo Alto General Services Agreement 52 Rev. March 29, 2018

season (ideally a few weeks prior to season start). Scheduling shall be determined by City’s Project Manager and/or Field Service Inspector. This shall be completed once yearly. All sprinklers, quick couplers, bases, pegs, or other impediments shall be flagged before this procedure is initiated.

Twenty-five (25) tons of Baseball Infield Mix (70% red lava cinder, 1/8” fines mixed with 30% wilder clay or equal) shall be added and mixed to field ONLY FIRST YEAR of contract to bring areas up to grade and fill in low spots.

This park has decomposed g ranite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down.

Clean tennis courts twice per month in accordance with posted schedule. Field Service Inspectors may request additional cleaning if there is debris on the courts between scheduled cleaning.

Includes Dog Run located at the south east side of park. Decomposed granite area must be inspected for holes and filled daily. Fill low spots with decomposed granite as needed. Water and compact loose decomposed granite as needed. Leaf material shall be raked up on a weekly basis.

Includes walkway to Middlefield Rd (planters not included)

Item 14 - Johnson Park – Hawthorne Ave. at Waverly St.

Does not include interior of Community Garden but does include perimeter of garden. Use caution when blowing leaves and/or debris on pathways surrounding the community garden. Leaves and/or debris should not collect around the perimeter of garden.

Sand volleyball court shall be kept raked and clean of debris. Sand volleyball court shall be kept rototilled to relieve compaction and filled with approved sand as needed and as requested by Field Service Inspectors and/or Project Manager. Perimeter of volleyball court shall be edged bi-monthly.

Item 15- Lytton Plaza- Corner of Emerson and University Ave.

Remove litter and debris, empty garbage cans as requested by Field Service Inspectors.

Rake decompose granite pad to eliminate litter, debris and to eliminate low spots and potholes. Do not use blowers on decomposed granite pad.

Keep fountain filter clean and free of litter and debris. Keep screens around fountain free of any litter and debris. 1” Chlorine conditioning tabs and chlorine granular shall be purchased and applied by contractor to fountain. Contractor shall apply 4 ounces of chlorine granular and two 1” chlorine conditioning tabs weekly (every Monday morning). Filters shall be cleaned weekly as well as scrubbing the face of the fountain with a pool brush that will not scratch the face of the fountain to remove all algae from surface. Fountain vault shall always be kept clean. Please refer to DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
61 Packet Pg. 117 of 638

City of Palo Alto General Services Agreement 53 Rev. March 29, 2018

Maintenance Protocol for Lytton Plaza Fountain for additional details. This shall be given upon request of the contractor. Fountain shall be cleaned by a commercially licensed contractor that has experience in maintaining commercial fountains. Contractor chosen shall be approved by Project Manager.

Item 16 - Mayfield Park/College Terrace Library – Wellesley St. between College Ave. and California Ave.

Area must be blown before library is open. Opening time may vary per day.

Keep vines off roof.

Area also includes plant material on side of road around day care center.

Item 17- Mitchell Park- 3800 Middlefield Road

*Report any safety or vandalism issues each day
*Report any irrigation problems
*Clean and groom play areas, skate rinks, and sand boxes daily *Pickle ball and Tennis courts should be cleaned twice monthly in accordance with the posted schedule. Field Service Inspectors may request additional cleaning if there are debris on the courts between scheduled cleaning.
*Clean all hardscape and pathways at minimum 1x per week. Decomposed granite pathways shall be water down prior to blowing with approval of Field Service Inspector. *Leaves should be removed from turf each week prior to mowing as needed (Especially Fall Season).
* Trim shrubs and remove weeds along west fence line along Fairmeadow Elementary School as needed and/or requested by Field Service Inspectors. Add decomposed granite if needed to level the area.
*Includes strip located on the eastside of the tennis and handball courts, that runs adjacent to neighboring properties.

Dog Run Renovations

Annually renovate the decomposed granite area within one full workday and level the site. Area should be wet and rolled until packed before opening. Advance notice of closure must be posted two weeks in advance.

Annually renovate the turf area located inside of the dog run (March through June ) schedule exact closure with Field Service Inspectors and/or Project Manager. Renovation closure notices DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
62 Packet Pg. 118 of 638

City of Palo Alto General Services Agreement 54 Rev. March 29, 2018

shall be posted on exterior fence of dog run two weeks prior to the start of the renovation. Entire area shall be fenced off using portable 6ft high chain link fencing with orange snow fencing at the bottom to avoid dogs, balls, and dog toys intruding into the turf area while being closed off.

Temporary water supply will be supplied by City staff if needed. Below are the steps fo r the renovation:
1) Close off area.
2) Hand weed Common Mallow in turf (remove root and all). 3) Edge turf along D.G. (line up edge with irrigations rotors). 4) Scalp mow turf area, remove all clippings.
5) Double aerate turf (two different directions).
6) Slit seed area in two directions, broadcast seed in all bare areas. Seed variety:70%Fescue 30% Kentucky Blue.
7) Fill in holes and low spots greater than 1” using PRZ mix from TMT or equal to (about 12yards).
8) Topdress area with remainder of PRZ mix.
9) Broadcast seed throughout entire turf area. Seed variety:70%Fescue 30% Kentucky Blue.
10) Fertilize area with starter type fertilizer. Field Service Inspector and/or Project manager shall approve variety prior to application.
11) Communicate to Field Service Inspectors and/or Project Manager when renovation has been completed.

Magical Bridge Playground Maintenance
In addition to Sunday through Saturday routine cleanings, the contractor shall clean the Magical Bridge Playground on every Saturday and Sunday mornings for each year of this contract. This shall include the following:

1. Servicing of all garbage/recycling/compost enclosures

2. Loose litter pick up

3. Clean-up of all debris

4. Blowing/cleaning of all hardscapes and walkways.

5. Wipe down of all playground equipment, seating areas, walls, picnic areas, playhouse, and drinking fountains.

Light pressure washing of all equipment, walkways, picnic area, playhouse, bridges, slide mound, PIP (poured-in-place) surfacing, 3x per year. This shall be scheduled with Field Service Inspector and Project Manager. If any damage is done due to contractor’s negligence, contractor shall repair items to its original state.

Item 18- Monroe Park – PESTICIDE FREE PARK- Monroe Dr. at Miller Ave.

Item 19 - Peers Park – Park Blvd. between Stanford Ave. and Sequoia Ave

Area also includes pump station and driveway at the south east corner of park. Keep plant material off building. Keep fence lines clear to 3 feet.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
63 Packet Pg. 119 of 638

City of Palo Alto General Services Agreement 55 Rev. March 29, 2018

Tennis courts shall be cleaned twice per month in acc ordance with posted schedule. Field Service Inspectors may request additional cleaning if there are debris on the courts between scheduled cleaning.

Item 20 - Ramos Park – 800 East Meadow Ave.

Item-21- Rinconada Park- 777 Embarcadero Road

*Includes the perimeter of two sub-stations on the Hopkins St. side of Park.

*Includes the Girl Scout Building.

*Includes pool turf and hardscape area. Maintenance schedule with pool area must be coordinated with the recreation department seasonally around scheduled events.

*Includes yearly turf renovation of turf located inside of pool area. Refer to VIII, C, Soccer Field/Turf Renovations for details. Seed variety for area may differ than typical seed variety specified in Soccer Field/Turf Renovation section of c ontract. Three cubic yards of PRZ shall be used for topdressing and leveling area. Field Service Inspector will provide seed variety information for turf area. Turf area shall be open for use by first weekend of May. Schedule of renovation may vary depen dent on pool scheduling.

*Mow all turf areas (including pool area) weekly
*Leaves should be removed from turf each week prior to mowing as needed (Especially Fall Season).

In addition to Monday through Friday routine cleanings, the contractor shall service the entire site every Saturday and Sunday mornings for each year of this contract. The contractor must pr ovide all General Maintenance Clean-up along with Playground and Playground Equipment Maintenance to the site. In addition, the contractor shall wipe down all playground equipment, seating areas, picnic areas and drinking fountains.

Contractor shall provide a light pressure washing of all playground equipment, walkways, surfacing, 3x per year that are in the play area. This shall be scheduled with Field Service Inspector and Project Manager. If any damage is done due to contractor’s negligence, contractor shall repair items to its original state.

Item 22 - Robles Park – 4116 Park Blvd.

This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down.

Item 23- Sarah Wallis Park – PESTICIDE FREE PARK -202 Ash St.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
64 Packet Pg. 120 of 638

City of Palo Alto General Services Agreement 56 Rev. March 29, 2018

Item 24 - Scott Park – PESTICIDE FREE PARK- Channing Ave. at Scott St.

Item 25 - Seale Park – Maddux Dr. at Stockton Place

This park has decomposed granite pathways that can be cleaned w/ a leaf blower with prior watering of the pathway to keep dust particles down.

Upon request of Field Service Inspectors, arbors shall be washed down.

Item 26- Terman Park- PESTICIDE FREE PARK- 655 Arastradero Road

Includes turf area and jasmine on west side of main driveway at Arastradero (reference map for details on areas of responsibilities).

Includes parking lot medians and planter strips (reference map for details on areas of responsibilities).

Includes planter strip located between walkway and apartment complex on west side of field, behind west soccer goal on field #1 (reference map for details on areas of responsibilities).

Includes planter strip located between walkway and residents’ homes behind north goal on field #2 (reference map for details on areas of responsibilities).

Includes basketball courts on the interior of the fence line as well as basketball court on the exterior of fence line.

Includes sidewalk located on west side of Terman Drive.

Item 27- Timothy Hopkins Creekside Parks- PESTICIDE FREE PARK Includes three Park locations.
#1 -On Palo Alto Ave. between Cowper St. and Tasso St.
#2- On Palo Alto Ave. at Webster St.
#3 -On Palo Alto Ave. at southwest corner of Middlefield.

Includes 3 feet behind fence lines —maintain as directed by Field Service Inspector and/or Project Manager

Item 28- Ventura Community Center – PESTICIDE FREE PARK- Between Ventura Ct. and 2nd Ave.

Includes north parking lot and alley way that runs between fence line and building.

Black tops must always be kept weed free, blow loose material off of black top.

Item 29 - Weisshaar Park – 2298 Dartmouth St. between College Ave. and California Ave.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
65 Packet Pg. 121 of 638

City of Palo Alto General Services Agreement 57 Rev. March 29, 2018

Tennis Courts shall be cleaned twice per month in accordance with posted schedule.

Item 30 - Werry Park – 2100 Dartmouth St. between College Ave. and Stanford Ave.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
66 Packet Pg. 122 of 638

City of Palo Alto General Services Agreement 58 Rev. March 29, 2018

SECTION D

CITY FACILITIES

D. CITY FACILITIES

*Please note, bioretention basins located within any Facility locations shall only have litter/debris removal completed per the frequency of the site.

Item 1 - Alma Fire Station – 301 Alma St.
*Keep vine in courtyard off roof.
*Includes courtyard in the back.

Item 2 - Animal Shelter -- PESTICIDE FREE- 3281 East Bayshore Rd. *No fertilizers shall be used.

*Facility shall be serviced on Tuesday, before 8:00am

*Includes front and rear (employee) parking lots. Includes gravel parking lot surrounded by oleanders.

*Includes front landscaping
*Includes patios and hardscaped areas, maintenance routine may require adjusting due to unforeseen circumstances with sheltered animals. Mowing to be done on Tuesdays only.

*Includes area in front of kennels

*Includes emptying one garbage can

*Includes fence lines along exercise area and on the north side of complex

Item 3 - Arastradero Fire Station (Fire Station #5) – 600 Arastradero Rd.

Activate 7 manual valves twice per week.

In the courtyard, do not prune fruit trees.

Clean wash rack weekly.

Item 4 -Art Center – 1313 Newell Rd.

Leaf blower use is restricted in certain areas of property. Do not use leaf blowers at or around open windows. Area cannot be blown after 10:00 am.

Contractor mows children’s courtyard and lawns on the west side of building, along Newell.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
67 Packet Pg. 123 of 638

City of Palo Alto General Services Agreement 59 Rev. March 29, 2018

Mow lawns and prep courtyards for special events as requested. Contractor must be prepared to change schedule around special events planned at the Cultural Center.

Embarcadero parking lot between Community Garden and Art Center, north curb plant material (between garden and north parking lot curb, should be kept low and mulched.

Item 5 - Bike Paths – Locations varied (see below)

Locations: 1. Wilke Ave. to Monroe Dr.

2. Bol Park Bike Path (starts at Hanover St. to SCCVWD Reservoir, near Gunn High School)
*Keep plant material off bike path.
*Remove debris in landscaping and dead plant material.
*Keep line of sight clear around bends of bike paths.
*Upon request of Field Service Inspector, and/or Project Manager, leaf debris located between Matadero and Hanover shall be picked-up and off hauled. *includes pruning of vegetation along both fence lines
3 . 1048 Loma Verde Ave.

4. Greer Bike Paths 3142 Greer Rd. to Morris Dr., Morris Dr. to Stockton Pl. 5 . 300 Manzanita Ave.
6 . 1500 Portola Ave.
7 . 200 Sequoia Ave.
8 . 443 Ferne Ave.
9 . Duncan Pl.

10. 1445 Hamilton Ave.

11. 101 Freeway Bridge to East Bayshore Rd.

12. Embarcadero Bike Path -Churchill Ave north (along train tracks) until Cal Train parking lot.

13. Palo Alto Bowl Bike Path- Monroe Drive south to Cesano Court.

14. Wilkie Way Bike Corridor (across from 4287 Wilkie Way)

15. University Ave to Quarry Road. Bike path runs adjacent to El Camino Real.

Includes bike path leading to public restroom near VTA.

Item 6 - Children’s Library – 1276 Harriet St.

*Yearly turf renovation on 3 small lawns located in the back of the library. Seed variety shall be a shade tolerant fescue. Approximately three cubic yards of PRZ or equal to, shall be used for topdressing. Renovation will be scheduled by Fields Service Inspectors and Project Manager. Refer to VIII, Section C, Soccer Field/Turf Renovations for details.

*Includes both front and rear landscaping and secret garden

*Keep ivy pruned back against fence along North driveway.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
68 Packet Pg. 124 of 638

City of Palo Alto General Services Agreement 60 Rev. March 29, 2018

*Includes both driveways, with dumpsters and shrubs.

*Keep vines off roof.

Item 7 – Children’s Theatre – PESTICIDE FREE-1305 Middlefield Rd.

*Prune Xylosma hedges three times per year, maintain current shape

*Prune roses around wishing well on a regular basis throughout the growing season and perform winter pruning

*Manually water container plants upon request of Field Service Inspector.

*Maintenance schedule must be adjusted to accommodate special events

*Yearly turf renovation of lawn located in front of theater stage. Seed variety shall be a shade tolerant fescue. Approximately two cubic yards of PRZ or approved equal shall be used for topdressing. Renovation will be scheduled by Fields Service Inspectors and Project Manager. Refer to VIII, Turf Maintenance, Section C, Soccer Field/Turf Renovation Procedures for details.

Item 8 - City Hall – 250 Hamilton Ave.

Aerification, over seed and top -dress turf with approximately 6 cubic yards of PRZ or approved equal, two times a year in spring and fall.

Clean plaza daily by 10:00 am, including stairways and sidewalk around building. Clean slippery areas where moss, mud and other debris make walkways hazardous.

Empty garbage cans daily.

Use of blowers to be restricted in certain areas near the air ventilator intake.

Keep drains cleared during rainy season.

Rearrange park furnishing on plaza to correct locations each morning.

Water outdoor container plants, near main entrance. Be cautious to not overwater the containers.

Item 9- Cubberley Community Center and Playing Fields
• Do not use leaf blowers at or around open windows or doors. • All work requiring mechanical tools (blowers, edger’s, trimmers, etc.) shall not be used after 8:00am near the classroom wings.
• No pesticides shall be used on the Cubberley Campus.
• All-natural turf shall be mowed on Friday mornings.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
69 Packet Pg. 125 of 638

City of Palo Alto General Services Agreement 61 Rev. March 29, 2018

• Playing Fields shall be treated in accordance with Playing Field Maintenance Procedures. Mowing shall be completed on Tuesday and Friday mornings. • All garbage cans along perimeter of playing fields shall be serviced by contractor 2x per week (Mondays and Fridays). An additional service may be required during each week upon the request of the Field Service or Project Manager. • Contractor shall keep synthetic soccer field and synthetic running track clean of debris daily.
• Contractor shall drag the synthetic field once every 6 weeks (this may vary dependent on life span of turf. Older the turf is, the less dragging it will require) with a drag behind synthetic turf broom with de -thatcher and magnetic attachment.

Broom shall be dragged behind a lightweight utility cart like a Club Car to avoid damaging the turf.
• SPORTS TURF RENOVATION - Contractor shall renovate natural sports turf fields once per year. Please refer to VIII , Turf Maintenance, Section C -Soccer Field/Turf Renovation Procedure for details. Renovation shall be scheduled with Field Service Inspector and/or Project Manager.
• SOFTBALL FIELDS RENOVATION
Four softball infields shall be rototilled (ripped) with PTO driven tractor rototiller attachment to remove weeds along with “fluffing” (depth to be determined by City’s Field Service Inspector), leveling and compacting each infield toward the end of each turf renovation closure period (ideally a few weeks prior to opening of the fields).

Scheduling shal l be determined by City’s Project Manager and/or Field Service Inspector. This shall be completed once yearly. All sprinklers, quick couplers, bases, pegs, or other impediments shall be flagged before this procedure is initiated.

Twenty-five (25) tons of Baseball Infield Mix (70% red lava cinder, 1/8” fines mixed with 30% wilder clay or equal) shall be added and mixed to EACH FIELD ONLY FIRST YEAR of contract to bring areas up to grade and fill in low spots.

Lower raised turf located on the perimeter o f infields (between the infield mix and turf), caused by infield mix being dragged into the turf over the years. This shall be completed by sod cutting existing turf on the perimeter, remove excess material and dispose of old sod and material. New sod (blue/rye variety with approval of City’s Project Manager) shall be installed to re -establish turf perimeter along with amending the soil prior to installation. The arch of the turf lip shall be determined by specifications found in the ASA softball rule book. This shall be done ONLY FIRST YEAR of contract. as well.

Scheduling of work shall be agreed upon within the contractor and City’s Project Manager. Sod shall be established along perimeter and infields shall be ready for play prior to the removal of the fencing.

Item 10 - Downtown Library – 270 Forest Ave.

Clean dumpster enclosure twice per month.

Item 11 - Embarcadero Fire Station (Fire Station #3) – 799 Embarcadero Rd.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
70 Packet Pg. 126 of 638

City of Palo Alto General Services Agreement 62 Rev. March 29, 2018

Item 12 - Hanover Fire Station (Fire Station #2) – 2675 Hanover St.

Includes blowing the parking lot area.

Item 13 - Junior Museum – 1451 Middlefield Rd.

Includes parking lot located between Middlefield and Hopkins.

Item 14 – Lucie Stern Community Center – 1305 Middlefield Rd.

Includes parking lot and landscaped medians

Includes all parking lot area landscaping

Includes all exterior landscaping

Contractor shall mow small lawns in open courtyard, interior courtyard and exterior lawns.

Includes landscaping around air conditioner building

Includes interior courtyard/fire ring at the Boy Scout area

Brick pathways must be kept weed-free and free of moss/mold by the means of pressure washing.

Clean brick pathways and open courtyard once per week

Includes stairway on west side of building, as wel l as stairway on north side of building near B oys Scouts building.

Maintenance schedule must be adjusted to accommodate special events

Keep all plant material off roof and off walls, unless otherwise specified by Field Service Inspectors.

Includes yearly turf renovation of Kitchen Courtyard. Please refer to VIII Turf Maintenance, Section C for details. Seed variety shall be determined by Field Service Inspector/Project Manager. Three cubic yards of PRZ or approved equal shall be used for topdressing. Scheduling and material amounts shall be determined by Field Service Inspector/Project Manager.

Item 15 - Rinconada Library and Rinconada Community Garden– 1213 Newell Rd.

Blowers at this site may be restricted and shall be used only before the library is open.

Trim vines away from building and roof.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
71 Packet Pg. 127 of 638

City of Palo Alto General Services Agreement 63 Rev. March 29, 2018

Clean patios weekly.

Walkways must be cleaned three times a week.

Rock area around library and connection road must always be kept clean and free of weeds.

Plants around main entranc e to Community Garden should be pruned and weeds removed regularly.

Remove debris in parking lot and clean along fire lane.

Keep bioretention basins free of debris

Includes well site.

Item 16 - Mitchell Community Center and Library – 3800 Middlefield Rd.

Includes parking lot and medians

Includes all patios
Keep bioretention basins free of debris located on Middlefield side of building and in parking area.

Walkways shall be blown/cleaned daily.

Includes Green Roof and Green Wall Maintenance
Contractor shall follow below safety guidelines and maintenance specifications for the four green roofs:

General Green Roofs and Green Walls Safety Requirements

*Body harnesses, hard hats, steel toed boots, eye protection (when using e quipment), gloves, safety vest shall always be worn when working on the roofs.

*Harnesses where appropriate shall always be used when working on the roofs.

*Training shall be given to all employees working on the Green Roofs Green Walls per Cal Osha specifications. Training record shall be provided to City Project Manager upon request.

*Harnesses shall be inspected per Cal Osha specifications. Inspection record of harnesses shall be provided to City Project Manager upon request.

*Always maintain proper footing and awareness of surroundings.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
72 Packet Pg. 128 of 638

City of Palo Alto General Services Agreement 64 Rev. March 29, 2018

*Contractor shall be responsible for checking with all applicable regulatory agencies to make sure you are always complying while working on Green Roofs and Green Walls.

*Contractor shall seed areas that haven’t taken with specific seed variety used during project to fill in areas, as needed starting in March through November. Seed originally purchased from Pacific Coast Seed.

Weed Maintenance
*Manual weed green roofs bi-weekly (twice per month). Take attention to eucalyptus volunteers.

Removal of these volunteers at first site is crucial to avoid much larger future problems.

*No pesticides or herbicides shall be used anywhere on green roofs.

Item 17 - Mitchell Fire Station (Fire Station #4) – 3600 Middlefield Rd.

Area includes driveway along church.

Mow ivy once a year. Upon request of Field Service Inspector, an additional mowing of the ivy shall be completed.

Item 18 - Municipal Service Center (MSC)– 3201 East Bayshore Rd.

Boundary extends from the exterior of the north parking lot to the exterior of the south parking lot.

Includes SCAADA building and parking lot on the south side of MSC

Vines must be kept trimmed for visibility

Parking lot maintenance must be performed on Fridays , Saturdays or Sundays when parking lot is least full. Maintenance shall be completed once per month.

Areas includes parking lot and parking lot landscaping

Area includes weed and litter control inside facility, along all edges, around gas stations, parking lots, and fence lines.

All exterior fence lines must maintain a minimum 3 -foot clearance; this includes area behind material bins on the east side of the facility.

Oleanders in front of parking lot and suckers on poplar must be trimmed for visibility , keeping all vegetation 3’ or less in height. The sidewalk strip must be continually free of weeds.

The area around the “A” building, including the warehouse exterior storage area must be cleaned and kept weed free.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
73 Packet Pg. 129 of 638

City of Palo Alto General Services Agreement 65 Rev. March 29, 2018

Item 19 - Public Safety Building - 250 Sherman Avenue. Located between Birch Street and Park Boulevard on Sherman Avenue.

Item 20 - Roth Building – Homer St. at Bryant St.

Item 21 – Alma Tower Well Site – Alma St. at Hawthorne Ave.

Includes sidewalk strips on Alma St. and on Hawthorne Ave.

Trim vines on back of structure as directed by the Field Service Inspectors.

Wash benches and informational signs once per month

Item 22-Sterling Canal

Service shall begin after 8:30am

Keep pathways free of weeds

Keep decomposed granite pathways level and free of potholes.

Weed parkway area beginning at the Loma Verde entrance. The area should include fence to fence boundaries, until the end of the decomposed granite pathways.

Prune vegetation 3x annually.

Prune “no-mow” yearly, February.

Hand pull weeds within “no-mow”.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
74 Packet Pg. 130 of 638

City of Palo Alto General Services Agreement 66 Rev. March 29, 2018

SECTION E

UTILITY SUB-STATIONS and WELL SITES

E. UTILITY SUB-STATIONS AND WELL SITES

All substations need to be cleaned on a monthly basis inside and outside fenced areas as directed by City’s Field Service Inspectors and/or project manager. City’s Field Service Inspector shall remain onsite while cleanings take place for safety. Fence lines must be kept free of plant material.

Includes all landscaping surrounding these sites. Surveillance cameras are present in utility sub - stations and possibly well sites. Hard hats shall be worn while servicing the interior. Interior access shall be provided by Field Service Inspectors to all substations and well sites.

Item 1 - Adobe Creek Substation and Pump S tation- PESTICIDE FREE– 1157 East Meadow Ave and 1198 East Meadow.

Includes electric station on east side of street and the pump station on the west side of street. Does not include inside of fence line in electric sub -station. Does include inside of fence line on pump - station and exterior on an as requested basis by Field Service Inspectors.

Item 2- Alma Street at Oregon Expressway Gas Pipeline Station #2

Includes interior and exterior

Item 3 – Arastradero Rd. Fluoride Station – East of 724 Arastradero Rd.

Item 4 - Colorado Substation – 1080 Colorado Ave.

Area includes booster station across the street on the east side of W. Bayshore Rd.

Does not include interior fence line of the electric substation.

Item 5 - Gas Recovery Station 4 - Oak Rd. and Searsville Rd. (Stanford)

Includes interior and exterior

Item 6 - Geng Road Substation – Embarcadero Rd. at Geng Rd.

Includes interior and exterior maintenance.

Item 7 - Hale Well Site –PESTICIDE FREE- 999 Palo Alto Ave.

No pesticides or herbicides applications shall be used.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
75 Packet Pg. 131 of 638

City of Palo Alto General Services Agreement 67 Rev. March 29, 2018

Maintain a 3-foot clearance along fence lines and reservoir.

Item 8 - Hanover Substation – 3350 Hanover St.

Does not include interior maintenance of the electric substation.

Item 9 - Hansen Substation – 950 Hansen Way.

Does not include interior maintenance of the electric substation

Item 10 - Matadero Well Site – PESTICIDE FREE- 635 Matadero Ave. near Whitsell St.

Includes maintenance of cement pad

Keep plant material off building and fence lines clear to 3 feet

Includes interior and exterior

Item 11 - Maybell Substation – Near Thain Way and Maybell Ave.

Only exterior of substation, does not include interior of electric substation.

Item 12- Middlefield Sub Station- 1150 Middlefield Rd

Pick up debris and keep weeded, 4x’s per year or as requested by Field Service Inspectors.

Item 13 -Mitchell Substation – 3600 block of Middlefield

Does not include interior maintenance of the electric substation

Item 14 - Page Mill Substation – Page Mill Rd. at Old Page Mill Rd.

*Please note poison oak and ticks in area.

Item 15 - Park Blvd Substation – 3291 Park Blvd.

Does not include interior maintenance of the electric substation

Item 16 - PG&E Substation – West Bayshore Rd. south of Colorado Ave.

Only maintenance of east and south side of exterior fence line.

Item 17 - Quarry Electric Station – 281 Quarry Rd. (Stanford) DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
76 Packet Pg. 132 of 638

City of Palo Alto General Services Agreement 68 Rev. March 29, 2018

Does not include interior maintenance of the electric substation

Item 18- San Francisquito (SF) Creek and Substation- PESTICIDE FREE- East Bayshore Rd.

Contractor is responsible for maintaining plant material located in the parking area and west side of pump station located inside of the fence area along fence line.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
77 Packet Pg. 133 of 638

City of Palo Alto General Services Agreement 69 Rev. March 29, 2018

SECTION F

TENNIS AND PICKLEBALL COURT CLEANING

F. Tennis and Pickleball Court Cleaning

Specifications for the services of Tennis Court Cleaning of City of Palo Alto and Palo Alto Unified School District (PAUSD) tennis courts.

Locations

Contractor shall clean 23 various courts at City parks, and 32 various courts at school facilities twice a month. The cleanings shall be done in accordance with posted schedule on each court. The work is to be performed at the locations listed below. The Contractor shall provide all cleaning equipment, materials and labor necessary to perform the required service. Contractors are highly encouraged to visit each individual property independently in addition to the mandatory Pre -Bid Site Tour.

Scope of Work

1) During the months of March through November (9 months), the courts shall be water broomed to remove all debris. During the months of December through February (3 months), the courts shall be blown to remove all debris. Upon request of Field Service Inspector, an additional water brooming may be required.

2) Litter shall be picked up on each court every time a court is cleaned. Litter cannot be blown out of the court and onto adjacent paths and park areas. Litter must be picked up with a 3- foot perimeter of the courts. Litter is to include not only man-made objects, but also debris from plants.

3) Litter shall be removed per the site service level on tennis courts located within all Park sites (includes Hopkins tennis courts and Cubberley Community Center).

4) Field Service Inspectors and/or Project Manager may request additional cleanings.

Park Courts

Item 1 -- Peers Park, 1899 Park Blvd
Courts: 2

Item 2 -- Rinconada Park, 777 Embarcadero Rd. and 1415 Hopkins Courts: 9

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
78 Packet Pg. 134 of 638

City of Palo Alto General Services Agreement 70 Rev. March 29, 2018

Item 3 -- Weisshaar Park, 2298 Dartmouth
Courts: 2

Item 4 -- Hoover Park, 2855 Cowper
Courts: 2

Item 5 -- Mitchell Park, 600 E. Meadow
Courts: 6 tennis courts and 8 pickleball courts.

Item 6 -- Terman Park, 655 Arastradero Rd
Courts: 2

PAUSD and Community Center Courts

Item 7 -- Palo Alto High School, 50 Embarcadero
Courts: 7

Item 8 -- Gunn High School, 780 Arastradero
Courts: 7

Item 9 -- JLS, 480 E. Meadow
Courts: 6

Item 10 --Greene Middle School, 750 N. California
Courts: 6

Item 11-- Cubberley Community Center, 4000 Middlefield Road Courts: 6

Park Courts

1 st and 3rd Tuesday of each month- Rinconada, Hopkins, Peers, Weisshaar 1st and 3rd Wednesday of each month- Mitchell and Hoover.

PAUSD and Community Center Courts

2 nd and 4th Tuesday of each month – JLS, Greene, and Terman 2nd and 4th Wednesday of each month- Palo Alto High School and Gunn High School. 2nd and 4th Tuesday morning of each month – Cubberley Community Center

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
79 Packet Pg. 135 of 638

City of Palo Alto General Services Agreement 71 Rev. March 29, 2018

ATTACHMENT B – SCOPE OF SERVICES
APPENDIX A – SITE MAPS

• Section A Medians and Roadside Planter Strips

• Section B- Parking lots and Parking Garages

• Section C- Parks

• Section D- City Facilities

• Section E- Utility Substations and Well Sites

• Section F- Tennis and Pickleball Court Cleaning

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
80 Packet Pg. 136 of 638

City of Palo Alto General Services Agreement 72 Rev. March 29, 2018

APPENDIX A - SECTION A - MEDIANS AND ROADSIDE PLANTER STRIPS

• A1 - Alma Street East and Center Medians
• A1-A - Alma St. West
• A2 - Arastradero Road
• A3 - Birch St. Medians
• A4 - California Avenue
• A5 - California Avenue Business District Tree Wells
• A6 - N. California Avenue
• A7 - East and West Charleston Road
• A8 - Downtown Tree Wells
• A9 - El Camino Real
• A10 - Eleanor Park Area Cul de Sacs
• A11 - Embarcadero Rd. Islands/Underpass
• A12 -Evergreen Park Closures/Park Blvd. Medians
• A13 -Forest Ave.
• A14 - E. & W. Greenwich St. Cul de Sacs
• A15- Kellogg at Middlefield
• A16 - Lytton/Guinda
• A17- Melville Island
• A18 -Miranda Ave.
• A19 - Oregon Expressway
• A20 - Page Mill Rd.
• A21 - Quarry Rd.
• A22 - Roundabouts
• A23 – San Antonio Rd. Medians/Planter Strips/Interchange/Right-of-way • A24 - University Ave
• A25 - 101/West Bayshore Rd. Sound walls
• A26 - West Meadow and East Meadow Medians
• A27 – AMBLUR
• A28- Rincon Circle Roundabout

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
81 Packet Pg. 137 of 638

City of Palo Alto General Services Agreement 73 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
82 Packet Pg. 138 of 638

City of Palo Alto General Services Agreement 74 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
83 Packet Pg. 139 of 638

City of Palo Alto General Services Agreement 75 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
84 Packet Pg. 140 of 638

City of Palo Alto General Services Agreement 76 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
85 Packet Pg. 141 of 638

City of Palo Alto General Services Agreement 77 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
86 Packet Pg. 142 of 638

City of Palo Alto General Services Agreement 78 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
87 Packet Pg. 143 of 638

City of Palo Alto General Services Agreement 79 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
88 Packet Pg. 144 of 638

City of Palo Alto General Services Agreement 80 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
89 Packet Pg. 145 of 638

City of Palo Alto General Services Agreement 81 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
90 Packet Pg. 146 of 638

City of Palo Alto General Services Agreement 82 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
91 Packet Pg. 147 of 638

City of Palo Alto General Services Agreement 83 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
92 Packet Pg. 148 of 638

City of Palo Alto General Services Agreement 84 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
93 Packet Pg. 149 of 638

City of Palo Alto General Services Agreement 85 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
94 Packet Pg. 150 of 638

City of Palo Alto General Services Agreement 86 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
95 Packet Pg. 151 of 638

City of Palo Alto General Services Agreement 87 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
96 Packet Pg. 152 of 638

City of Palo Alto General Services Agreement 88 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
97 Packet Pg. 153 of 638

City of Palo Alto General Services Agreement 89 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
98 Packet Pg. 154 of 638

City of Palo Alto General Services Agreement 90 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
99 Packet Pg. 155 of 638

City of Palo Alto General Services Agreement 91 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
100

Packet Pg. 156 of 638

City of Palo Alto General Services Agreement 92 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
101

Packet Pg. 157 of 638

City of Palo Alto General Services Agreement 93 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
102

Packet Pg. 158 of 638

City of Palo Alto General Services Agreement 94 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
103

Packet Pg. 159 of 638

City of Palo Alto General Services Agreement 95 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
104

Packet Pg. 160 of 638

City of Palo Alto General Services Agreement 96 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
105

Packet Pg. 161 of 638

City of Palo Alto General Services Agreement 97 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
106

Packet Pg. 162 of 638

City of Palo Alto General Services Agreement 98 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
107

Packet Pg. 163 of 638

City of Palo Alto General Services Agreement 99 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
108

Packet Pg. 164 of 638

City of Palo Alto General Services Agreement 100 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
109

Packet Pg. 165 of 638

City of Palo Alto General Services Agreement 101 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
110

Packet Pg. 166 of 638

City of Palo Alto General Services Agreement 102 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
111

Packet Pg. 167 of 638

City of Palo Alto General Services Agreement 103 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
112

Packet Pg. 168 of 638

City of Palo Alto General Services Agreement 104 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
113

Packet Pg. 169 of 638

City of Palo Alto General Services Agreement 105 Rev. March 29, 2018

APPENDIX A - SECTION B – PARKING LOTS AND PARKING GARAGES

• B1- California Avenue Business District Lots and Garages • B2- University Avenue Business District Parking Lots and Garages • B3- Midtown Parking Lot

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
114

Packet Pg. 170 of 638

City of Palo Alto General Services Agreement 106 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
115

Packet Pg. 171 of 638

City of Palo Alto General Services Agreement 107 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
116

Packet Pg. 172 of 638

City of Palo Alto General Services Agreement 108 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
117

Packet Pg. 173 of 638

City of Palo Alto General Services Agreement 109 Rev. March 29, 2018

APPENDIX A - SECTION C – PARKS

• C1 - Bol Park
• C2 - Boulware Park
• C3 - Bowden Park
• C4 - Bowling Green
• C5 - Briones Park
• C6 - Cameron Park
• C7 - Cogswell Plaza
• C8 - El Palo Alto Park
• C9 - Eleanor Park
• C10 - Flood Basin
• C11 - Hale Well Park Area
• C12 - Heritage Park
• C13 - Hoover Park
• C14 - Johnson Park
• C15 - Lytton Plaza
• C16 - Mayfield Park/College Terrace Library
• C17 - Mitchell Park
• C18 - Monroe Park
• C19 - Peers Park
• C20 - Ramos Park
• C21 - Rinconada Park
• C22 - Robles Park
• C23 - Sarah Wallis Park
• C24 - Scott Park
• C25 - Seale Park
• C26 - Terman Park
• C27 - Timothy Hopkins Creekside Parks
• C28 - Ventura Community Center
• C29 - Weisshaar Park
• C30 - Werry Park
• C31 - Greer Park

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
118

Packet Pg. 174 of 638

City of Palo Alto General Services Agreement 110 Rev. March 29, 2018

•

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
119

Packet Pg. 175 of 638

City of Palo Alto General Services Agreement 111 Rev. March 29, 2018

•

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
120

Packet Pg. 176 of 638

City of Palo Alto General Services Agreement 112 Rev. March 29, 2018

•

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
121

Packet Pg. 177 of 638

City of Palo Alto General Services Agreement 113 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
122

Packet Pg. 178 of 638

City of Palo Alto General Services Agreement 114 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
123

Packet Pg. 179 of 638

City of Palo Alto General Services Agreement 115 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
124

Packet Pg. 180 of 638

City of Palo Alto General Services Agreement 116 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
125

Packet Pg. 181 of 638

City of Palo Alto General Services Agreement 117 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
126

Packet Pg. 182 of 638

City of Palo Alto General Services Agreement 118 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
127

Packet Pg. 183 of 638

City of Palo Alto General Services Agreement 119 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
128

Packet Pg. 184 of 638

City of Palo Alto General Services Agreement 120 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
129

Packet Pg. 185 of 638

City of Palo Alto General Services Agreement 121 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
130

Packet Pg. 186 of 638

City of Palo Alto General Services Agreement 122 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
131

Packet Pg. 187 of 638

City of Palo Alto General Services Agreement 123 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
132

Packet Pg. 188 of 638

City of Palo Alto General Services Agreement 124 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
133

Packet Pg. 189 of 638

City of Palo Alto General Services Agreement 125 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
134

Packet Pg. 190 of 638

City of Palo Alto General Services Agreement 126 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
135

Packet Pg. 191 of 638

City of Palo Alto General Services Agreement 127 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
136

Packet Pg. 192 of 638

City of Palo Alto General Services Agreement 128 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
137

Packet Pg. 193 of 638

City of Palo Alto General Services Agreement 129 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
138

Packet Pg. 194 of 638

City of Palo Alto General Services Agreement 130 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
139

Packet Pg. 195 of 638

City of Palo Alto General Services Agreement 131 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
140

Packet Pg. 196 of 638

City of Palo Alto General Services Agreement 132 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
141

Packet Pg. 197 of 638

City of Palo Alto General Services Agreement 133 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
142

Packet Pg. 198 of 638

City of Palo Alto General Services Agreement 134 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
143

Packet Pg. 199 of 638

City of Palo Alto General Services Agreement 135 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
144

Packet Pg. 200 of 638

City of Palo Alto General Services Agreement 136 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
145

Packet Pg. 201 of 638

City of Palo Alto General Services Agreement 137 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
146

Packet Pg. 202 of 638

City of Palo Alto General Services Agreement 138 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
147

Packet Pg. 203 of 638

City of Palo Alto General Services Agreement 139 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
148

Packet Pg. 204 of 638

City of Palo Alto General Services Agreement 140 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
149

Packet Pg. 205 of 638

City of Palo Alto General Services Agreement 141 Rev. March 29, 2018

APPENDIX A - SECTION D – CITY FACILITIES

• D1 - Alma Fire Station
• D2 - Animal Shelter
• D3 - Arastradero Fire Station
• D4 - Art Center
• D5 - Bike Paths
• D6 - Children’s Library
• D7- Children’s Theater
• D8 - City Hall
• D9- Cubberley Community Center and Playing Fields
• D10 - Downtown Library
• D11 - Embarcadero Fire Station
• D12 - Hanover Fire Station
• D13 - Junior Museum
• D14 - Lucie Stern Community Center
• D15 - Rinconada Library and Rinconada Community Garden • D16 - Mitchell Community Center and Library
• D17 - Mitchell Fire Station
• D18 - Municipal Service Center (MSC)
• D19 - Public Safety Building
• D20- Roth Building
• D21 - Alma Tower Well Site
• D22- Sterling Canal

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
150

Packet Pg. 206 of 638

City of Palo Alto General Services Agreement 142 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
151

Packet Pg. 207 of 638

City of Palo Alto General Services Agreement 143 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
152

Packet Pg. 208 of 638

City of Palo Alto General Services Agreement 144 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
153

Packet Pg. 209 of 638

City of Palo Alto General Services Agreement 145 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
154

Packet Pg. 210 of 638

City of Palo Alto General Services Agreement 146 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
155

Packet Pg. 211 of 638

City of Palo Alto General Services Agreement 147 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
156

Packet Pg. 212 of 638

City of Palo Alto General Services Agreement 148 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
157

Packet Pg. 213 of 638

City of Palo Alto General Services Agreement 149 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
158

Packet Pg. 214 of 638

City of Palo Alto General Services Agreement 150 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
159

Packet Pg. 215 of 638

City of Palo Alto General Services Agreement 151 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
160

Packet Pg. 216 of 638

City of Palo Alto General Services Agreement 152 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
161

Packet Pg. 217 of 638

City of Palo Alto General Services Agreement 153 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
162

Packet Pg. 218 of 638

City of Palo Alto General Services Agreement 154 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
163

Packet Pg. 219 of 638

City of Palo Alto General Services Agreement 155 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
164

Packet Pg. 220 of 638

City of Palo Alto General Services Agreement 156 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
165

Packet Pg. 221 of 638

City of Palo Alto General Services Agreement 157 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
166

Packet Pg. 222 of 638

City of Palo Alto General Services Agreement 158 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
167

Packet Pg. 223 of 638

City of Palo Alto General Services Agreement 159 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
168

Packet Pg. 224 of 638

City of Palo Alto General Services Agreement 160 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
169

Packet Pg. 225 of 638

City of Palo Alto General Services Agreement 161 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
170

Packet Pg. 226 of 638

City of Palo Alto General Services Agreement 162 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
171

Packet Pg. 227 of 638

City of Palo Alto General Services Agreement 163 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
172

Packet Pg. 228 of 638

City of Palo Alto General Services Agreement 164 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
173

Packet Pg. 229 of 638

City of Palo Alto General Services Agreement 165 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
174

Packet Pg. 230 of 638

City of Palo Alto General Services Agreement 166 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
175

Packet Pg. 231 of 638

City of Palo Alto General Services Agreement 167 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
176

Packet Pg. 232 of 638

City of Palo Alto General Services Agreement 168 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
177

Packet Pg. 233 of 638

City of Palo Alto General Services Agreement 169 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
178

Packet Pg. 234 of 638

City of Palo Alto General Services Agreement 170 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
179

Packet Pg. 235 of 638

City of Palo Alto General Services Agreement 171 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
180

Packet Pg. 236 of 638

City of Palo Alto General Services Agreement 172 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
181

Packet Pg. 237 of 638

City of Palo Alto General Services Agreement 173 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
182

Packet Pg. 238 of 638

City of Palo Alto General Services Agreement 174 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
183

Packet Pg. 239 of 638

City of Palo Alto General Services Agreement 175 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
184

Packet Pg. 240 of 638

City of Palo Alto General Services Agreement 176 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
185

Packet Pg. 241 of 638

City of Palo Alto General Services Agreement 177 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
186

Packet Pg. 242 of 638

City of Palo Alto General Services Agreement 178 Rev. March 29, 2018

APPENDIX A - SECTION E – UTILITY SUBSTATIONS AND WELL SITES

• E1 - Adobe Creek Substation and Pump Station
• E2 - Alma Street at 0regon Expressway Gas Pipeline Station #2 • E3 - Arastradero Rd. Fluoride Station
• E4 - Colorado Sub-station
• E5 - Gas Recovery Station 4
• E6 - Geng Road Substation
• E7 - Hale Well Site
• E8 - Hanover Substation
• E9 - Hansen Substation
• E10 - Matadero Well Site
• E11- Maybell Substation
• E12 - Middlefield Substation
• E13 - Mitchell Substation
• E14- Page Mill Substation
• E15 - Park Blvd. Substation
• E16 - PG&E Substation
• E17 - Quarry Electric Station
• E18 - San Francisquito (SF) Creek and Substation
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
187

Packet Pg. 243 of 638

City of Palo Alto General Services Agreement 179 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
188

Packet Pg. 244 of 638

City of Palo Alto General Services Agreement 180 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
189

Packet Pg. 245 of 638

City of Palo Alto General Services Agreement 181 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
190

Packet Pg. 246 of 638

City of Palo Alto General Services Agreement 182 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
191

Packet Pg. 247 of 638

City of Palo Alto General Services Agreement 183 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
192

Packet Pg. 248 of 638

City of Palo Alto General Services Agreement 184 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
193

Packet Pg. 249 of 638

City of Palo Alto General Services Agreement 185 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
194

Packet Pg. 250 of 638

City of Palo Alto General Services Agreement 186 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
195

Packet Pg. 251 of 638

City of Palo Alto General Services Agreement 187 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
196

Packet Pg. 252 of 638

City of Palo Alto General Services Agreement 188 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
197

Packet Pg. 253 of 638

City of Palo Alto General Services Agreement 189 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
198

Packet Pg. 254 of 638

City of Palo Alto General Services Agreement 190 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
199

Packet Pg. 255 of 638

City of Palo Alto General Services Agreement 191 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
200

Packet Pg. 256 of 638

City of Palo Alto General Services Agreement 192 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
201

Packet Pg. 257 of 638

City of Palo Alto General Services Agreement 193 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
202

Packet Pg. 258 of 638

City of Palo Alto General Services Agreement 194 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
203

Packet Pg. 259 of 638

City of Palo Alto General Services Agreement 195 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
204

Packet Pg. 260 of 638

City of Palo Alto General Services Agreement 196 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
205

Packet Pg. 261 of 638

City of Palo Alto General Services Agreement 197 Rev. March 29, 2018

APPENDIX A - SECTION F – TENNIS AND PICKLEBALL COURT CLEANING

• F1- Peers Park
• F2- Rinconada Park
• F3- Weisshaar Park
• F4- Hoover Park
• F5- Mitchell Park
• F6- Terman Park
• F7- Palo Alto High School
• F8- Gunn High School
• F9- JLS
• F10- Greene Middle School
• F11- Cubberley Community Center
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
206

Packet Pg. 262 of 638

City of Palo Alto General Services Agreement 198 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
207

Packet Pg. 263 of 638

City of Palo Alto General Services Agreement 199 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
208

Packet Pg. 264 of 638

City of Palo Alto General Services Agreement 200 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
209

Packet Pg. 265 of 638

City of Palo Alto General Services Agreement 201 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
210

Packet Pg. 266 of 638

City of Palo Alto General Services Agreement 202 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
211

Packet Pg. 267 of 638

City of Palo Alto General Services Agreement 203 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
212

Packet Pg. 268 of 638

City of Palo Alto General Services Agreement 204 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
213

Packet Pg. 269 of 638

City of Palo Alto General Services Agreement 205 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
214

Packet Pg. 270 of 638

City of Palo Alto General Services Agreement 206 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
215

Packet Pg. 271 of 638

City of Palo Alto General Services Agreement 207 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
216

Packet Pg. 272 of 638

City of Palo Alto General Services Agreement 208 Rev. March 29, 2018

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
217

Packet Pg. 273 of 638

City of Palo Alto General Services Agreement 209 Rev. March 29, 2018

EXHIBIT B

SCHEDULE OF PERFORMANCE

RVICE LEVELS
-Ser
vice frequencies are listed below unless specified otherwise in Section A-F .

I. WEEKDAY SERVICE- ( Monday through Friday)

The following sites require Monday through Friday service.

City Facilities

Mitchell Community Center and Library
City Hall
Cubberley Community Center (sports complex)
Public Safety Building

Parks
Bol Park
Boulware Park
Bowden Park
Briones Park
Cameron Park
Eleanor Pardee Park
Heritage Park
Hoover Park
Johnson Park
Lytton Plaza
Mitchell Park
Monroe Park
Peers Park
Ramos Park
Rinconada Park
Robles Park
Scott Park
Seale Park
Ventura School grounds
Werry Park

Median, Roadside Strips, & Bioretention Basins
University Ave.

California Ave.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
218

Packet Pg. 274 of 638

City of Palo Alto General Services Agreement 210 Rev. March 29, 2018

II. MONDAY, WEDNESDAY, FRIDAY SERVICE

The following sites require service on every Monday, Wednesday, and Friday:

Parks

Bowling Green
Cogswell Park
El Palo Alto Park
Mayfield Park
Sarah Wallis Park
Weisshaar Park

City Facilities
Art Center
Children’s Theatre
Children’s Library
Cubberley Community Center (campus)
Downtown Library
Junior Museum
Lucie Stern Community Center
Rinconada Library

III. SEMI-W EEKLY SERVICE

T
he following sites require service twice per week. Actual days to be determined by Field Service Inspectors and/or Project Manager.

City Facilities
Roth Building

Parking Lots
University Ave Business District
California Ave Business District
Cowper/Webster
Ted Thompson Garage
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
219

Packet Pg. 275 of 638

City of Palo Alto General Services Agreement 211 Rev. March 29, 2018

Median, Roadside Strips, & Bioretention Basins
Oregon Expressway
Page Mill Islands
San Antonio Rd.

IV. WEEKLY SERVICE

The following sites require service once per week. Actual day to be determined by the Field Service Inspectors and/or Project Manager.

Parks
Hale Well Park
Sterling Canal
Timothy Hopkins Creekside Parks
Terman Park

City Facilities
Arastradero Fire Station
Alma Fire Station
Alma Tower
Animal Shelter
Embarcadero Fire Station
Flood Basin
Hanover Fire Station
Mitchell Fire Station
Municipal Service Center (MSC)

Median, Roadside Strips, & Bioretention Basins
Alma St
Arastradero Islands
Birch Medians
Charleston Rd.

El Camino Real Islands
Embarcadero Islands/Underpass
Forest Lawn Parkway
E. & W. Greenwich Cul de Sacs
University Islands/Underpass

Utility Sub-S tations & Well-S ites
Colorado Substation
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
220

Packet Pg. 276 of 638

City of Palo Alto General Services Agreement 212 Rev. March 29, 2018

V. Semi-M onthly

The following sites require service once per week. Actual maintenance day is stated below.

Tennis and Pickleball Court Maintenance

Park Courts

1st and 3rd Tuesday of each month- R inconada, Hopkins, Peers, Weisshaar 1st and 3rd Wednesday of each month- Mitchell and Hoover.

P
AUSD and Community Center Courts

2nd and 4th Tuesday of each month – JLS, Greene, and Terman 2nd and 4th Wednesday of each month- P alo Alto High School and Gunn High School. 2nd and 4th Tuesday morning of each month – Cubberely Community Center

VI. MONTHLY
The following sites require service once per month.

City Facilities
Bike Paths

Parking Lots
Midtown Parking Lots

Median, Roadside Strips, & Bioretention Basins

Alma St. West @ El Carmelo
AMBLUR
Arcadia Pl.

Caltrans Underpass
California Avenue Business District Tree Wells
N. California Ave (across from Jordan Middle School)
Arastradero Rd
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
221

Packet Pg. 277 of 638

City of Palo Alto General Services Agreement 213 Rev. March 29, 2018

C
harleston-Ar
astradero Corridor Medians, Roadside Strips, and Bioretention Basins Downtown Tree Wells
E
vergreen Park Closures/Park Blvd. Medians
Roundabouts
Miranda Islands
101 Sound walls (north and south)
Bryant/Addison Circle
Lytton/Guinda Circle
Eleanor Park Area Cul de Sacs
Island Drive
Melville Island

Utility Sub-S tations & Well-S ites
Adobe Creek Substation and Pump Station
Alma Electric Substation
Alma Gas Pipeline Station #2
Arastradero Rd. Fluoride Station
Gas Recovery Station 4
Geng Rd. Substation
Hale Well Site
Hanover Substation
Hansen Substation
Matadero Substation
Middlefield Substation
Maybell Substation
Mitchell Substation
Page Mill Substation
PG&E Substation
Quarry Substation
SCAADA Substation
San Francisquito (SF) Creek and Substation

VII. Weekend Service (Saturdays and Sundays)

Note: The contractor must provide all General Maintenance Clean -up and Playground and Playground Equipment Maintenance at the sites listed below on every Saturday and Sunday for each year of the contract.

Parks
Bol Park
Boulware Park
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
222

Packet Pg. 278 of 638

City of Palo Alto General Services Agreement 214 Rev. March 29, 2018

Bowden Park
Briones Park
Cameron Park
City Hall
Cogswell Park
Eleanor Pardee Park
Heritage Park
Hoover Park
Johnson Park
Lytton Plaza
Mitchell Park (includes Magical Bridge Playground)
Monroe Park
Peers Park
Ramos Park
Rinconada Park
Robles Park
Scott Park
Seale Park
Ventura School grounds
Werry Park
Greer Park
VIII. SITES THAT REQUIRE HOLIDAY SERVICE
Bol Park
Boulware Park
Bowden Park
Briones Park
Cameron Park
City Hall
Cogswell Park
Eleanor Pardee Park
Heritage Park
Hoover Park
Johnson Park
Lytton Plaza
Mitchell Park (includes Magical Bridge Playground)
Monroe Park
Peers Park
Ramos Park
Rinconada Park
Robles Park
Scott Park
Seale Park
Ventura School grounds
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
223

Packet Pg. 279 of 638

City of Palo Alto General Services Agreement 215 Rev. March 29, 2018

Werry Park
Greer Park
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
224

Packet Pg. 280 of 638

City of Palo Alto General Services Agreement 216 Rev. March 29, 2018 No
te: The contractor must provide all General Maintenance Clean -up and Playground and
Playground Equipment Maintenance at the above sites on these following holidays and specific holiday weekend days:

Me
morial Day Weekend (Sunday and
Monday) Fourth of July Weekend as follows:

Tuesday July 4, 2023
Thursday July 4, 2024
Friday July 4, 2025
Saturday July 4, 2026 and Sunday, July 5, 2026
Sunday July 4, 2027 and July 5, 2027
Labor Day Weekend (Sunday and Monday)
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
225

Packet Pg. 281 of 638

City of Palo Alto General Services Agreement 217 Rev. March 29, 2018

EXHIBIT C

SCHEDULE OF FEES
CITY shall pay CONTRACTOR according to the following rate schedule . The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY .

The contracts yearly total for each section A, B, C, D, E, and F shall be divided by 12 months for a monthly billing cycle. Please see chart below for monthly totals.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
226

Packet Pg. 282 of 638

City of Palo Alto General Services Agreement 218 Rev. March 29, 2018 EXH
IBIT D

INSURANCE REQUIREMENTS

CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE

CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWAR
D IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

YES GENERAL LIABILITY, INCLUDING

PERSONAL INJURY, BROAD FORM

PROPERTY DAMAGE BLANKET

CONTRACTUAL, AND FIRE LEGAL

LIABILITY

BODILY INJURY
PR

OPERTY DAMAGE
BODI

LY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1
,000,000
$1
,000,000
$1,000,000
$1
,000,000
$1
,000,000

YES AUT

OMOBILE LIABILITY,

INCLUDING ALL OWNED, HIRED,

NON-OWNED

BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PR

OPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1
,000,000
$1
,000,000
$1,000,000
$1,000,000
$1,000,000
$1
,000,000
$1
,000,000
NO

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE (WHEN

APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED : CONTRACTOR, AT

ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND

EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE

INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INS
URANCE COVERAGE MUST INCLUDE:

A CONT

RACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

II. C
ONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.

III. ENDOR
SEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WI

TH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS

AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
227

Packet Pg. 283 of 638

City of Palo Alto General Services Agreement 219 Rev. March 29, 2018 OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. CROSS LIABILITY
THE

NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY

SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,

BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF

THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY RE ASON

OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF

THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, TH E ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

NO
TICES SHALL BE MAILED TO:

PURCH

ASING AND

CONTRACT ADMINISTRATION

CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
228

Packet Pg. 284 of 638

City of Palo Alto General Services Agreement 220 Rev. March 29, 2018 EXHI
BIT E
BONDS
CONTRACTOR’S PERFORMANCE SURETY BOND
WH
EREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”) have entered into an agreement dated , and identified as , which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement.

NOW, THEREFORE, Principal and , as Surety,
incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above - mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

As
part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore.

The
Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
/ /
/ /
/ /
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
229

Packet Pg. 285 of 638

City of Palo Alto General Services Agreement 221 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on , 20 .

P hone Number:

Name of Surety
Signature of Surety
By: Its:

Typed or Printed Name Title
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:

Typed or Printed Name Title

CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)

STATE OF )

COUNTY OF )
On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WI
TNESS my hand and official seal.
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
230

Packet Pg. 286 of 638

City of Palo Alto General Services Agreement 222 Rev. March 29, 2018 CO
NTRACTOR’S PAYMENT (LABOR AND MATERIALS) SURETY BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”), have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and
WH
EREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, Principal and , as Surety,
incorporated under the laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of dollars ($ ), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Th
e condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court.

It
is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the Cali fornia 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 S
urety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
231

Packet Pg. 287 of 638

City of Palo Alto General Services Agreement 223 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on , 20 .

Pho ne Number: ___________________
Name of Surety
Signature of Surety
By: Its: _________________________________
Typed or Printed Name Title
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its: _________________________________
Typed or Printed Name Title

CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)

STATE OF )

COUNTY OF )
On , before me, , a notary public in and for said
County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Se al)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
232

Packet Pg. 288 of 638

City of Palo Alto General Services Agreement 224 Rev. March 29, 2018 EXHI
BIT F

LIQUIDATED DAMAGES
It
is mutually agreed by CONTRACTOR and CITY that if completion of the Services to be provided by CONTRACTOR under this Agreement is delayed beyond the time specified in the Schedule of Performance, plus any authorized extensions of time, CITY will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. Accordingly, C ITY and CONTRACTOR, agree, as a method to fix the damages and not as a penalty, that in the event of any such failure to pe rform, the amount of damage which shall be sustained by C ITY will be the sum of Five Hundred Dollars ( $500) for each and every calendar day during which the Services remain uncompleted beyond the time specified for completion, plus any authorized extension of time. Should CONTRACTOR fail to pay the liquidated damages to C ITY, CONTRACTOR agrees that CITY may deduct and withhold the amount of the unpaid damages from any amounts due or that may become due to CONTRACTOR under this Agreement.

PLACING THEIR I NITIALS BELOW, CITY AND CONTRACTOR ACKNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES.
_____________ _______
______

CITY CONTRACTOR
DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
233

Packet Pg. 289 of 638

City of Palo Alto General Services Agreement 225 Rev. March 29, 2018 APPE
NDIX A:

CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS Th
e provisions of this this Appendix are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims related to the Services performed under this Agreement.

1. Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City.

2. Claim Process.
(A) T iming. Any Claim must be submitted to City in compliance with the requirements of this Appendix no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.
(B) Su bmission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Appendix, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events.

Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Re view. Upon receipt of a Claim in compliance with this Appendix, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D) I f City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
234

Packet Pg. 290 of 638

City of Palo Alto General Services Agreement 226 Rev. March 29, 2018 return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (E) Pay ment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.

3. Disputed Claims
(A) Me et and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Appendix within the tim e prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (B) Me diation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.
(i
) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a d ispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(ii) Unle
ss otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Appendix or to otherwise meet the time requirements of this Appendix shall result in the Claim being deemed rejected in its enti rety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Appendix, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
235

Packet Pg. 291 of 638

City of Palo Alto General Services Agreement 227 Rev. March 29, 2018

5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.

6. Approved Subcontractor Claims . If an approved subcontractor or a lower tie r subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor.

The subcontractor reques ting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

DocuSign Envelope ID: 220ACF89-73D8-405F-8A78-76CAE1B4579C Item 6
Attachment A - Contract
C24186909A with
BrightView Landscape
Services, Inc

Item 6: Staff Report
Pg.
236

Packet Pg. 292 of 638

City of Palo Alto General Services Agreement 1 Rev. March 29, 2018

CITY OF PALO ALTO CONTRACT NO. C24186909B

GENERAL SERVICES AGREEMENT

THIS AGREEMENT made and entered into on the 11th day of September 2023, by and between the CITY OF PALO ALTO , a California chartered municipal corporation (“CITY”), and GACHINA LANDSCAPE MANAGEMENT, INC., a California corporation, located at 1130 O’Brien Drive, Menlo Park, CA 94025 , Telephone Number: 650-853-0400. Department of Industrial Relations (DIR) Registration No. 1000018085. (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:

1. SERVICES. CONTRACTOR shall provide or furnish the services ( the “Services”) described in the Scope of Services, attached at Exhibit A.

Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall cont ain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5.

2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:

CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
237

Packet Pg. 293 of 638

City of Palo Alto General Services Agreement 2 Rev. March 29, 2018

3. TERM.

The term of this Agreement is from October 1, 2023 to September 30, 2028 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.

5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:

The total maximum lump sum compensation of dollars ($ ); OR

The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR

A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Four Hundred Sixty -Nine Thousand Seven Hundred Sixty-Four dollars ($469,764).

CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.

CITY has set aside the sum of Forty-Six Thousand Nine Hundred Seventy-Six dollars ($46,976) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee.

CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensatio n 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 paymen t would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. The total compensation for performance of Services, Additional Services, and any reimbursable expenses specified in Exhibit C, shall not exceed Five Hundred DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
238

Packet Pg. 294 of 638

City of Palo Alto General Services Agreement 3 Rev. March 29, 2018

Sixteen Thousand Seven Hundred Forty dollars ($516,740) , as detailed in Exhibit C.

6. COMPENSATION DURING ADDITIONAL TERMS.

CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR

Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be inc reased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement.

7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix A Claims for Public Contract Code Section 9204 Public Works Projects”.

This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix A, attached hereto and incorporated herein.

This project is not a 9204 Public Works Project.

8. INVOICING. Send all invoices to CITY, Attention: City of Palo Alto, CDS/Parks, 3201 East Bayshore Boulevard, Palo Alto, CA 94303. Telephone: 650-496-6962. Email:

[email protected]. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
239

Packet Pg. 295 of 638

City of Palo Alto General Services Agreement 4 Rev. March 29, 2018

subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.

GENERAL TERMS AND CONDITIONS

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.

CONTRACTOR s hall 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 wri tten consent of CITY.

CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.

E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business.

F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.

G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
240

Packet Pg. 296 of 638

City of Palo Alto General Services Agreement 5 Rev. March 29, 2018

4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto.

In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.

H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold pay ment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.

I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under thi s 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 a ny material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.

J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a sa tisfactory manner and complies with the provisions of this Agreement.

L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
241

Packet Pg. 297 of 638

City of Palo Alto General Services Agreement 6 Rev. March 29, 2018

M. NO IMPLIED WAIVER. No payment, partial payment, acc eptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.

N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the i nsurance coverage described at Exhibit D.

Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self -insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s li ability or obligation to indemnify CITY under this Agreement.

CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provi sions of this Section survive the completion of the Services or termination of this Agreement.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
242

Packet Pg. 298 of 638

City of Palo Alto General Services Agreement 7 Rev. March 29, 2018

P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR ac knowledges 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 perta ining to nondiscrimination in employment.

Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.

R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisf actorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under thi s 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 CONTRACTO R, in connection with this Agreement. Such materials shall become the property of CITY.

T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
243

Packet Pg. 299 of 638

City of Palo Alto General Services Agreement 8 Rev. March 29, 2018

of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement.

CONTRACTOR agrees to advise CITY if any conflict arises.

U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.

W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event o f a conflict with any other covenant, term, condition, or provision of this Agreement.

X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS .

CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
 All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post - consumer material and printed with vegetable based inks.  Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including , but not limited to , Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.  Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
244

Packet Pg. 300 of 638

City of Palo Alto General Services Agreement 9 Rev. March 29, 2018

from the facility accepting the pallets to verify that pallets are not being disposed.

Z. PREVAILING WAGES

Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and ove rtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Div ision’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.

CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads:

Item 6: Staff Report
Pg.
245

Packet Pg. 301 of 638

City of Palo Alto General Services Agreement 10 Rev. March 29, 2018

registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 201 03.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”

CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:

The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively.

At the request of C ITY, acting by its project manager, C ONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of C ITY’s request.

[For state - and federally -funded projects] CITY requests C ONTRACTOR and its listed subcon tractors to submit the certified payroll records to the project manager at the end of each week during the Project.

If the certified payroll records are not produced to the project manager within the 10-day period, then C ONTRACTOR and its listed subcontra ctors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR.

Inform the proj ect manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
246

Packet Pg. 302 of 638

City of Palo Alto General Services Agreement 11 Rev. March 29, 2018

BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
247

Packet Pg. 303 of 638

City of Palo Alto General Services Agreement 12 Rev. March 29, 2018

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.

CITY OF PALO ALTO GACHINA LANDSCAPE MANAGEMENT, INC.

_________________________ By________________________________ City Manager or Designee
Name _____________________________

Title_______________________________

_________________________ Telephone: _________________________ Purchasing Manager or Designee

Approved as to form: By________________________________

_____________________________ Name _____________________________ City Attorney or Designee
Title_______________________________

Telephone: _________________________

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 President and CEO
6508530400
[email protected]
510-996-2583
Sharon Chao
Director Finance
Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
248

Packet Pg. 304 of 638

City of Palo Alto General Services Agreement 13 Rev. March 29, 2018

EXHIBIT A

SCOPE OF SERVICES

LANDSCAPE MAINTENANCE PROJECT

Contractor shall perform the services as detailed in this Exhibit A.

SECTION G

Regional Water Quality Control Plant and Household Hazardous Waste Station Landscape Maintenance Scope of Services
(Service to begin October 1, 2023)

Location:

City of Palo Alto
Regional Water Quality Control Plant (RWQCP)
and Household Hazardous Waste Station
(HHWS)
2501 Embarcadero Way, Palo Alto, CA 94303

Site contact:

Julie Weiss
Public Works
Public Works–Watershed Protection
Watershed Protection Program Manager
650.329.2117
[email protected]

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
249

Packet Pg. 305 of 638

City of Palo Alto General Services Agreement 14 Rev. March 29, 2018

Item 1–Basic Services
A. Background
The Regional Water Quality Control Plant (RWQCP or “Plant”) Landscaping was constructed in 2015. The eight acres of landscaping screens the 25 -acre RWQCP from the Palo Alto Baylands.

Professional landscaping is also maintained at the RWQCP campus entrance and at the Household Hazardous Waste Station (HHWS) which is immediately adjacent to the RWQCP entrance.

There are four project areas for this location. See attachment L1.0 for project area boundaries.

1. The Regional Water Quality Control Plant interior campus landscaping located at 2501 Embarcadero Way (70,000 sf).

2. The Household Hazardous Waste Station located immediately adjacent to the entrance of the RWQCP (11,000 sf);

3. The RWQCP exterior property which begins at the corner of Embarcadero Way and Embarcadero Road. The property wraps southeast around the corner of Embarcadero Road at the Palo Alto Baylands and continues to the end across from Byxbee Park (279,000 sf). Note: Attachment L1.2 –shows mature tree stands on the exterior property (67,000 sf) which do not require maintenance.

4. The San Antonio Pump Station which is a satellite location that requires weed maintenance (Attachment L1.3).

B. Site Contacts and Communication
The City of Palo Alto Parks Supervisor will administer the landscape main tenance contract. The RWQCP Watershed Protection Program Manager (“Program Manager”) will be the site contact for the three RWQCP and HHWS locations. The contractor will meet with the Program Manager monthly to review the checklist, prioritize work tasks a nd discuss site needs.

C. Workplan and Checklist
The contractor will draft a workplan and a monthly checklist of tasks that are to be completed for the four locations to ensure that weekly, monthly and annual tasks are scheduled, tracked, and completed. The draft workplan and checklist will be provided to the Program Manager before the start of each contract year for review and approval.

D. Days and Hours of Service
Maintenance demands for other City locations may not preclude hours of service or quality of service levels for the RWQCP and HHWS sites. Unless otherwise negotiated with the Project Manager, the contractor must provide onsite service a minimum of 32 hours per week with DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
250

Packet Pg. 306 of 638

City of Palo Alto General Services Agreement 15 Rev. March 29, 2018

service on Monday, Tuesdays, Wednesdays and Thursdays. Substitutions for this schedule due to lower service needs during the winter must be approved by the Program Manager.

Weekend service dates are only available for the exterior project area. Friday service hours are restricted after noon.

E. Weed Management

1. Weed management expectations
Weeds are defined as plants not deliberately planted or included in the City’s plant palette for this location. Weed threshold for the exterior and interior sites is 10%. Weed removal should be performed during each regular site visit. All portions of weeds for all locations must be bagged and removed from site and not discarded on premises in order to deter weed establishment and reduce seed bank. Flowering weeds must be removed before seeds are present and before higher than 18”. In addition:

i. Sheet mulching, mowing, steaming or other mechanical removal are acceptable for weed removal. Burning or propane torch are only acceptable for weeds in hardscaped areas.

ii. Herbicides may be used only with Project Manager approval unless otherwise stated in this scope of services. All pesticides must be approved in advance by the Program Manager.

iii. All seasonal weed services must be coordinated with the Program Manager in advance to not impair RWQCP operations or construction activity.

iv. If chemical use is required because of contractor inattention to non-chemical weed management, the chemical application will be provided at no cost to the City and Project Manager pre-approval.

2. Weed management locations and service levels:

i. RWQCP exterior, RWQCP interior and HHWS landscaped areas: Weed management for landscaping in these areas is an ongoing task except for the Redwood Grove and Employee Garden as specified below. The weed threshold 10%. See attachment L1.0 for locations.

 Redwood Grove: The redwood grove requires weed knockback four times annually in January, April, July, October unless otherwise approved by the Program Manager

 The RWQCP Employee Garden requires hand removal of weeds in DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
251

Packet Pg. 307 of 638

City of Palo Alto General Services Agreement 16 Rev. March 29, 2018

January, April, July, October unless otherwise approved by the Program Manager. Program Manager to be notified in advance so that employees maintaining a garden can be notified and to avoid accidental removal of plants that should stay in place.

ii. Building, fence perimeters, fire hydrants (Attachment L1.4), and valve boxes will have weeds knocked back in January, April, July, October unless otherwise approved by the Program Manager. Contractor will apply City mulch as needed to suppress weeds between scheduled knockbacks.

iii. Administration building rear parking lot: The parking lot behind the Administration Building will have weeds knocked back four times annually in January, April, July, October. See Attachment L1.0.

iv. San Antonio Pump Station: The San Antonio Pump Station near t he corner of East Bayshore Road and San Antonio Road will have weeds knocked back twice annually March and November. Contractor may apply City mulch to suppress weeds in interim between scheduled knockbacks. See Attachment L1.4).

Contractor must schedule service for this locked facility in advance with Project Manager.

v. Biofilters will be treated twice annually in January and June with pre -and post-emergent and weed knock back each time unless otherwise recommended by contractor and approved by Project Mana ger. Contractor shall schedule herbicide application date for biofilters one month in advance with Project Manager. The three biofilters are the only sites requiring herbicide use as part of regular maintenance. Approved pre- and post-emergents include:

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
252

Packet Pg. 308 of 638

City of Palo Alto General Services Agreement 17 Rev. March 29, 2018

Chipco Ronstar 50 WSP Herbicide Pre-emergent
Dimension Ultra 40WP Pre-emergent
(Dithiopyr)
Lontrel T & O (2011 Formulation) Post-emergent
(Clopyralid,
Monoethanolamine
Salt)
Prosecutor Pro (Lesco) Post-emergent
(Glyphosate,
isopropylamine)
Quicksilver T & O Herbicide Post-emergent
(Carfentrazone-
ethyl)
Revolver Herbicide Post-emergent
(Formamsulfuron)
Roundup Pro Herbicide Post-emergent
(Glyphosate)
Roundup ProMax Herbicide Post-emergent
(Glyphosate)
Sapphire Post-emergent
(Penoxsulam)
Barricade 65WG Pre-emergent
(Prodiamine)
Gallery 75 Dry Flowable Pre-emergent
(Isoxaben)
Esplanade 200 SC Pre-emergent
(Indaziflam)

F. Pest Management
Pest management needs will be subject to the Integrated Pest Management Requirements listed in Exhibit A Section 7 and in the Weed Management Section E listed above.

G. Fertilizer Application
No supplemental fertilizing is necessary for established plant material.

H. Mulching
The City can provide shredded tree trimmings which can be used as mulch. Mulch areas ar e to be topped once a year unless otherwise specified to maintain a three to six inches layer around shrub, ground cover and tree planting areas. A two -inch layer of mulch is allowed under newly planted groundcover. Groundcover should be allowed to grow ov er the mulch. The contractor must maintain six inches from mulch to tree trunks and shrubs.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
253

Packet Pg. 309 of 638

City of Palo Alto General Services Agreement 18 Rev. March 29, 2018

I. Debris and Trash
Debris and trash should be removed from planter areas immediately during every service day.

Landscape trimmings will be swept and composted immediately each service day.

J. Mechanical Edging
All planting edges including, but not limited to, sidewalks, patios, drives, curbs, shrub beds, flowerbeds, ground cover beds and native grasses shall be edged to a uniform line, with constant clearance maintained at public use pathway edges. Turf lawn edges will be edged to a uniform line each time turf is mowed. Chemical edging is not allowed.

K. Wildlife Protection
Contractor must take care to not harm existing wildlife areas and specifically the activities related to the gray fox. Gray fox dens and fox paths exist within the facilities grounds and require special attention given that gray fox sightings are common.

Prior to service, contractor staff and supervisors must receive basic gray fox informational training, provided by RWQCP staff.

L. Hardscape and Site Amenities

1. Decomposed Granite Fines Paths
Decomposed granite paths will be maintained with an even surface adding material as needed to keep path even. Patch accordingly with decomposed granite fines and stabilizer per manufacturer’s recommendations. Service will be provided annually unless otherwise agreed upon.

2. Sweeping and litter collection
Sweeping up leaves from walkways, the parking lot and around recycling containers shall occur a minimum of weekly. Any trimming or clippings from mowing, pruning or other activity shall be swept and removed that same day.

3. Tables (5)
Inside the RWQCP campus shall be completely wiped down and table surfaces shall be spray cleaned with soapy water weekly to remove spider webs, dirt, and grease.

4. Interpretative signage (up to three)
On the RWQCP campus and exterior (one) shall be wiped and spray cleaned with soapy water weekly.

5. Arbors
DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
254

Packet Pg. 310 of 638

City of Palo Alto General Services Agreement 19 Rev. March 29, 2018

Vegetation on arbors shall be trimmed quarterly to ensure that public art installations are visible. Ensure that arbors are clean and clear of debris. City shall be notified if damage is present.

6. Seatwalls. City shall be notified if damage is present or if painting is needed.

7. Manhole walkway art
Care should be taken to ensure that manhole and supporting structural framing are clean and clear of debris. City shall be notified if damage is present.

M. Shrubs, groundcovers and vines

1. Pruning frequency: RWQCP and HHWS shall be pruned at least four (4) times per year or more as needed dependent upon the growth patterns of the plant species and location in question. General pruning seas ons shall be established with project manager as part of the workplan and monthly checklist to be provided to Project Manager as discussed in Section C.

2. Contractor shall prune all plants on a site within a two (2) week period or as authorized by the City. Contractor shall not exceed one (1) month to complete all pruning operations once started.

3. All dead shrubs shall be removed, the planting location flagged and inventoried for replacement. Notify City prior to removal.

4. Hand prune along path and walkway edges as necessary to eliminate road or pathway encroachment.

5. Hand prune hedges and shrubs to keep curbs and walkways clear.

6. No pruning shoots on tops of the plant.

7. When cutting out a stem, cut to a side branch that is about one-third the diameter of the stem being removed.

8. Pruning cuts shall be smooth and leave no stubs. Ragged or chewed appearance is not acceptable.

9. Remove all dead, diseased-and unsightly branches from shrubs. Remove all vines or other growth as it develops within the shrubs/hedge. Any runners that start to climb buildings, shrubs or trees shall be pruned out of these areas.

10. Ground cover shall be kept free of weeds, litter, debris and leaves. Ground cover DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
255

Packet Pg. 311 of 638

City of Palo Alto General Services Agreement 20 Rev. March 29, 2018

shall not exceed three inches (3”) beyond the inside edge of the curb or bord er.

Hand pruning only. Pruning groundcover plants should only be done to remove dead branches. No shearing.

11. Mechanical shearers are not to be used when pruning plants.

N. Strap Leaf Shrubs
No pruning. Plants to be physically divided when clump has become too large.

O. Ornamental Grasses
Twice annual hedging as needed to replenish growth. Plants to be maintained on every site visit and dead plant material removed by hand.

P. Rosa species
Dead head flowers and reduce size of bush, removing all dead branches quarterly. Plants to be hand trimmed above the 5 and 3 leaf sprouts. No stubs acceptable as they deter plant growth.

Q. Perennials
Perennials must be cut back in late fall. Most perennials should be cut completely to the ground once the plant has exhausted all or most life signs. Contractor must make distinction to crews between perennials and shrubs. Deadhead perennial blooms in spring, summer, and fall months to stimulate additional growt h and flowers. Remove dead leaves from under part of plant by pulling them off by hand. Remove spent flower stocks by pulling them upward by hand.

R. Turf

1. Turf located inside the RWQCP should be mowed to a 4-6” height. Turf shall have the appearance of being healthy and green during the entire term of the contract.

2. Weeds such as Bermuda grass will be removed from turf weekly to avoid weed infestations.

3. Thatch removal shall be performed annually. All grass clippings shall be collected and removed from the site on the same day the area is mowed and edged and removed for composting.

4. Mowing operations shall be performed to ensure a smooth surface appearance throughout the year, without scalping or allowing excessive cuttings to remain.

Precautions shall b e taken to prevent rutting, damage to trees, shrubs and sprinklers.

5. Walkways and gutters, etc. shall be cleaned immediately following each mowing/edging.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
256

Packet Pg. 312 of 638

City of Palo Alto General Services Agreement 21 Rev. March 29, 2018

6. Aeration of all turf areas shall be done by using a device that removes cores to a depth of 3” to 4” (spring and fall).

7. All cores shall be removed from the turf and composted of off-site or thoroughly pulverized within twenty-four (24) hours after aerating.

8. Flag/mark irrigation system heads, valve boxes, and quick couplers. Contractor is responsible fo r repairing any damaged caused by aerification equipment, this would include but not limited to irrigation heads, valve boxes and quick couplers.

S. Exterior Native Grasses
The exterior project site includes large areas of native grasses. Native grasses shall appear healthy during the entire term of the contract. Native grasses shall be maintained as necessary to be a competitive stand of growth in all areas where established.

Native grasses shall be mowed annually only after a majority of the grasses ha ve developed full viable seed heads. The time period for mowing to occur given a normal year of precipitation is generally from May 15th to July 15th. Upon approval by the City the Contractor shall mow all areas within 10 working days after receiving notif ication from the City. All areas should be mowed to a height between 6 (six) to 8 (eight) inches.

One month prior to mowing in areas outside the RWQCP fence line (reference drawings L1.0) contractor must coordinate with RWQCP staff to confirm site features area protected. Mowing operations shall be performed to ensure a smooth surface without scalping. Precautions shall be taken to prevent rutting, damage to trees, shrubs, and sprinklers. All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened.

All debris including but not limited to trash, stones, and limbs shall be removed prior to mowing.

Walkways, drainage inlets and channels, planters, etc. shall be cleaned immediately following each mowing/edging. All grass clippings shall be collected and removed from these areas but retained in those areas where native grasses are to naturalize.

T. Plant flagging and replacement

1. Exterior project site: The contractor shall flag, inventory and replace plants exterior project area twice annually.

2. RWQCP Campus and HHWS: The RWQCP and HHWS shall have expired plants replaced monthly. The contractor will supply the list and quantity of replacement plants needed to the Project Manager for approval prior to purchase.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
257

Packet Pg. 313 of 638

City of Palo Alto General Services Agreement 22 Rev. March 29, 2018

U. Exclusions

1. Irrigation
City of Palo Alto Parks Department is responsible for all irrigation maintenance, repair installation and replacement except for minor irrigation tasks associated with the RWQCP Employee Garden and Redwood Grove (primarily related to Netafim placement).

However, contractor shall notify Parks Supervisor and Project Manager if there are any signs of irrigation breaks or damage, uneven or overwatering on the same day damage is observed, track repair status and report to the Project Manager and Park Supervisor if repairs have not been made after five days of notification to the Parks Supervisor.

Supplemental manual watering shall be done by contractor as requested by City.

All manual irrigation will be done Monday through Friday from 7a.m. to 4p.m.

2. Tree Maintenance
Tree maintenance will be performed by the City of Palo Alto. However, any observed tree damage or health concerns should be reported to the Parks Supervisor and Project Manager within five business days after damage is observed..

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
258

Packet Pg. 314 of 638

City of Palo Alto General Services Agreement 23 Rev. March 29, 2018

L1.0 RWQCP and HHWS Landscaping Project Areas
Area comprises nine acres for RWQCP facility, HHW Station, and San Antonio pump station not shown on this map.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
259

Packet Pg. 315 of 638

City of Palo Alto General Services Agreement 24 Rev. March 29, 2018

L1.2 Mature Tree Stands on RWQCP Property Which Do Not Require Maintenance

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
260

Packet Pg. 316 of 638

City of Palo Alto General Services Agreement 25 Rev. March 29, 2018

L1.3 San Antonio Pump Station

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
261

Packet Pg. 317 of 638

City of Palo Alto General Services Agreement 26 Rev. March 29, 2018

L1.4 Fire Hydrant Locations for Weed Knock Back

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
262

Packet Pg. 318 of 638

City of Palo Alto General Services Agreement 27 Rev. March 29, 2018

EXHIBIT B

SCHEDULE OF PERFORMANCE

CONTRACTOR shall perform the Services according to the following schedule:

Days and Hours of Service
Maintenance demands for other City locations may not preclude hours of service or quality of service levels for the RWQCP and HHWS sites. Unless otherwise negotiated with the Project Manager, the contractor must provide onsite service a minimum of 32 hours per week with service on Monday, Tuesdays, Wednesdays and Thursdays. Substitutions for this schedule due to lower service needs during the winter must be approved by the Program Manager.

Weekend service dates are only available for the exterior project area. Friday service hours are restricted after noon.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
263

Packet Pg. 319 of 638

City of Palo Alto General Services Agreement 28 Rev. March 29, 2018

EXHIBIT C

SCHEDULE OF FEES

CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.

The contracts yearly total for section G , Regional Water Quality Control Plant shall be divided by 12 months for a monthly billing cycle. Please see chart below for monthly totals.

DETAILED RATE SCHEDULE

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
264

Packet Pg. 320 of 638

City of Palo Alto General Services Agreement 29 Rev. March 29, 2018

EXHIBIT D

INSURANCE REQUIREMENTS

CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE

CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICE NSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

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

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

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

I. INSURANCE COVERAGE MUST INCLUDE:

A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.

III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”

A. PRIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS

AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
265

Packet Pg. 321 of 638

City of Palo Alto General Services Agreement 30 Rev. March 29, 2018

OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY

SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,

BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY RE ASON

OTHER THAN THE NON -PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, TH E ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

NOTICES SHALL BE MAILED TO:

PURCHASING AND

CONTRACT ADMINISTRATION

CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
266

Packet Pg. 322 of 638

City of Palo Alto General Services Agreement 31 Rev. March 29, 2018

EXHIBIT E
BONDS

CONTRACTOR’S PERFORMANCE SURETY BOND

WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”) have entered into an agreement dated , and identified as , which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and

WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement.

As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs an d 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 th e Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of thi s bond and has all rights of a party hereto.

/ /

/ /
DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
267

Packet Pg. 323 of 638

City of Palo Alto General Services Agreement 32 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on , 20 .

Phone Number:

Name of Surety

Signature of Surety

By: Its:

Typed or Printed Name Title

Name of Contractor/Principal

Signature of Contractor/Principal

By: Its:

Typed or Printed Name Title

CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)

STATE OF )

COUNTY OF )

On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
268

Packet Pg. 324 of 638

City of Palo Alto General Services Agreement 33 Rev. March 29, 2018 CONTRACTOR’S PAYMENT (LABOR AND MATERIALS) SURETY BOND

WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and , (“Principal”), have entered into an agreement dated , and identified as (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and

WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California.

The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court.

It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond.

The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agre ement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
269

Packet Pg. 325 of 638

City of Palo Alto General Services Agreement 34 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on , 20 .

Phone Number: ___________________
Name of Surety

Signature of Surety

By: Its: _________________________________
Typed or Printed Name Title

Name of Contractor/Principal

Signature of Contractor/Principal

By: Its: _________________________________
Typed or Printed Name Title

CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)

STATE OF ) COUNTY OF )

On , before me, , a notary public in and for said
County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
270

Packet Pg. 326 of 638

City of Palo Alto General Services Agreement 35 Rev. March 29, 2018

EXHIBIT F

LIQUIDATED DAMAGES

It is mutually agreed by CONTRACTOR and CITY that if completion of the Services to be provided by CONTRACTOR under this Agreement is delayed beyond the time specified in the Schedule of Performance, plus any authorized extensions of time, CITY will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. Accordingly, C ITY and CONTRACTOR, agree, as a method to fix the damages and not as a penalty, that in the event of any such failure to perform, the amount of damage which shall be sustained by C ITY will be the sum of Five Hundred Dollars ( $500) for each and every calendar day during which the Services remain uncompleted beyond the time specified for completion, plus any authorized extension of time. Should CONTRACTOR fail to pay the liquidated damages to C ITY, CONTRACTOR agrees that CITY may deduct and withhold the amount of the unpaid damages from any amounts due or that may become due to CONTRACTOR under this Agreement.

BY PLACING THEIR INITIALS BELOW, CITY AND CONTRACTOR ACKNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES.

_____________ _____________

CITY CONTRACTOR

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
271

Packet Pg. 327 of 638

City of Palo Alto General Services Agreement 36 Rev. March 29, 2018 APPENDIX A:

CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS

The provisions of this this Appendix are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims related to the Services performed under this Agreement.

1. Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City.

2. Claim Process.

(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Appendix no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.

(B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” su bmitted pursuant to this Appendix, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events.

(C) Review. Upon receipt of a Claim in complianc e with this Appendix, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2.

(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or ce rtified mail, DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
272

Packet Pg. 328 of 638

City of Palo Alto General Services Agreement 37 Rev. March 29, 2018 return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.

3. Disputed Claims

(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Appendix within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identif ying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.

(B) Mediation. Any re maining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in disput e shall be subject to any other remedies authorized by the Agreement and laws.

(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Appendix or to otherwise meet the time requirements of this Appendix shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason o f the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Appendix, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
273

Packet Pg. 329 of 638

City of Palo Alto General Services Agreement 38 Rev. March 29, 2018

5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.

6. Approved Subcontractor Claims . If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor.

The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, h owever, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change orde r, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

DocuSign Envelope ID: 33AB407D-3DC1-444D-A147-90FC0B751CE9 Item 6
Attachment B - Contract
C24186909B with
Gachina Landscape
Management, Inc

Item 6: Staff Report
Pg.
274

Packet Pg. 330 of 638

City of Palo Alto General Services Agreement 1 Rev. March 29, 2018

CITY OF PALO ALTO CONTRACT NO. C24186909C

GENERAL SERVICES AGREEMENT

THIS AGREEMENT made and entered into on the 11th day of September 2023, by and between the CITY OF PALO ALTO , a California chartered municipal corporation (“CITY”), and GRASSROOTS ECOLOGY , a non- profit organization, located at 3921 East Bayshore Road, Palo Alto, CA 94303, Telephone Number: 650-419- 9880 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:

1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A.

Optional On -Call Provision (This provision only applies if checked and only applies to on -call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A -1. Each Task Order shall designate a CITY Project Manager and shall cont ain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 5.

2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:

CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.

3. TERM.

The term of this Agreement is from October 1, 2023 to September 30, 2028 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
275

Packet Pg. 331 of 638

City of Palo Alto General Services Agreement 2 Rev. March 29, 2018

4. SCHEDULE OF PERFORMANCE . CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement.

5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not - to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:

The total maximum lump sum compensation of dollars ($ ); OR

The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR

A sum calculated in accordance with the fee s chedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Four Hundred Eighty-One Thousand Three Hundred Twenty-Six dollars ($481,326).

CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.

CITY has set aside the sum of Forty-Eight Thousand One Hundred Thirty-Two dollars ($48,132) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be ba sed on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would excee d the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. The total compensation for performance of Services, Additional Services, and any reimbursable expenses specified in Exhibit C, shall not exceed Five Hundred Twenty -Nine Thousand Four Hundred Fifty -Eight Dollars ($529,458) , as detailed in Exhibit C.

6. COMPENSATION DURING ADDITIONAL TERMS.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
276

Packet Pg. 332 of 638

City of Palo Alto General Services Agreement 3 Rev. March 29, 2018

CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR

CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term.

Any adjustment to CONTRACTOR’s compensation ra tes shall be reflected in a written amendment to this Agreement.

7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind . Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix A Claims for Public Contract Code Section 9204 Public Works Projects”.

This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix A, attached hereto and incorporated herein.

This project is not a 9204 Public Works Project.

8. INVOICING. Send all invoices to CITY, Attention: City of Palo Alto, CSD/Parks, 3201 East Bayshore Road, Palo Alto, CA 9430 3. Telephone: 650-496-6962. Email: [email protected].

Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement o f Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.

GENERAL TERMS AND CONDITIONS

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
277

Packet Pg. 333 of 638

City of Palo Alto General Services Agreement 4 Rev. March 29, 2018

C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement.

D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.

E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business.

F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.

G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
278

Packet Pg. 334 of 638

City of Palo Alto General Services Agreement 5 Rev. March 29, 2018

H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.

I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirement s of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of t his Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.

J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agr eement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement.

M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
279

Packet Pg. 335 of 638

City of Palo Alto General Services Agreement 6 Rev. March 29, 2018

N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement namin g the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits u ntil after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such requi red policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.

CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or con tributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement.

CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
280

Packet Pg. 336 of 638

City of Palo Alto General Services Agreement 7 Rev. March 29, 2018

violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicabl e, before commencing and during the performance of the Services.

CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY.

T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no C ITY officer, employee, or authorized representative has any financial interest in the busine ss of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises.

U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
281

Packet Pg. 337 of 638

City of Palo Alto General Services Agreement 8 Rev. March 29, 2018

V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of t his Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written.

W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time.

CONTRACTOR shall comply with waste reduction, reuse, recycling an d disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
 All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post- consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks.  Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including , but not limited to , Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
 Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

Z. PREVAILING WAGES
DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
282

Packet Pg. 338 of 638

City of Palo Alto General Services Agreement 9 Rev. March 29, 2018

Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code except for work exempted by Section 1720.4 of the California Labor Code relating to volunteers. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.

AA. DIR REGISTRATION. In regard to any public work construction, altera tion, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Rela tions (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854.

CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, a s defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Busine ss and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”
DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
283

Packet Pg. 339 of 638

City of Palo Alto General Services Agreement 10 Rev. March 29, 2018

CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR.

CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:

At the request of C ITY, acting by its project manager, C ONTRACTOR and its listed subc ontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request.

[For state - and federally -funded projects] CITY requests C ONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project.

If the certified payroll records are not produced to the project manager within the 10 -day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and C ITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR.

Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.

BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict b etween the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
284

Packet Pg. 340 of 638

City of Palo Alto General Services Agreement 11 Rev. March 29, 2018

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.

CITY OF PALO ALTO GRASSROOTS ECOLOGY

_________________________ By________________________________ City Manager or Designee
Name _____________________________

Title_______________________________

_________________________ Telephone: _________________________ Purchasing Manager or Designee

Approved as to form: By:________________________________

Name _____________________________

_____________________________ Title_______________________________ City Attorney or Designee
Telephone: _________________________

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 650-823-7174
Alex Von Feldt, Co-Executive Director
Co-Executive Director
Business Director
Fran Callan, Business Director
650-419-9880
Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
285

Packet Pg. 341 of 638

City of Palo Alto General Services Agreement 12 Rev. March 29, 2018

EXHIBIT A

SCOPE OF SERVICES

Contractor shall perform the services described in this Exhibit A, which includes Section H (relating to Foothills Nature Preserve) and Section I (relating to Adobe Creek Bridge).

Section H
Specification for Habitat Restoration in Foothills Nature Preserve

Description:

Foothills Nature Preserve is a nature preserve in the hills of the City of Palo Alto, California. It is comprised of 1,408 acres of oak woodland, chaparral, grassland, and riparian habitats. There are several picnic areas, a man -made lake with dam, an interpretive center, a maintenance yard, a seasonal fire station, a small campground used seasonally, 15 miles of trails plus 6 miles of fire roads, and 16 acres of irrigated turf. The rest of the park is left in a natural state. Management of Foothills Nature Preserve is under the Open Space, Parks and Golf Division, Community Services Department. See Maps below.

Scope of Services
1) Perform removal and control of non-native, invasive weeds. This plan shall include:
a) Visibly reduce population of target species within the designated work zones (Vista Hill, Wild Horse Valley, Las Trampas Valley, Los Trancos Trail, and along roadsides and select fire roads).

Target Species include:
(1) Yellow Star Thistle (Centaurea solstitialis)
(2) Italian thistle (Carduus pycnocephalus)
(3) Poison Hemlock (Conium maculatum)
(4) French Broom (Genista monspessulana)
(5) Stinkwort (Dittrichia graveolens)
(6) Fuller’s teasel (Dipsacus sativus)

2) Enhance 7.7 acre parcel
a) Remove target weed species from area with a focus on the creek and drainages b) Install willow cuttings in Buckeye Creek to improve creek flow and sediment management

3) Enhance and maintain the native plants at the Interpretive Center a) Maintain native species around the parking areas
b) Add additional interpretive signage as desired

4) Expand and maintain the lawn replacement project in Las Trampas Valley a) Remove weeds
b) Sheet mulch to expand the area and prepare for planting in the winter DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
286

Packet Pg. 342 of 638

City of Palo Alto General Services Agreement 13 Rev. March 29, 2018

c) Spread locally collected seeds in the early spring
d) Install and maintain native species

5) Mobilize volunteers for projects and programs
a) Be the primary organizer of volunteers and volunteer projects b) Provide volunteer opportunities for the general public and community groups c) Host Youth Stewards to engage local students
d) Target 750-1,000 volunteer hours served

6) Provide feedback to the City on any impacts from increased park use, including:
a) Effects on rare species along trails, primarily Dirca occidentalis b) Anecdotal observations on impacts to animals or plants c) Any increase of high priority invasive species along trails d) Attend monthly Foothills Nature Preserve task force meetings

7) Assist preserve staff with mitigation and recovery efforts in the event of a wildland fire within the boundaries of Foothills Nature Preserve.
a) Monitor burn area for encroachment of non-native / invasive species of plants. b) Remove non-native / invasive species of plants if found in burn area. c) Document and report findings.
d) Supervising Ranger will supply any needed training or personal protective equipment.

8) Assist preserve staff with biological surveys of work projects within the preserve. a) At the request of the Supervising Ranger, survey areas of proposed new work for any sensitive or rare plant species.
b) If found within the work area, flag findings, and send a photo and email to the Supervising Ranger.

9) Additional objectives as mutually agreed upon may be added to this scope or may substitute for one or more of these objectives after an initial joint survey at the start of the term of the agreement.

The CONTRACTOR may, under the direction of the CITY:
 Provide and staff educational programs to educate the public about the Preserve and its amenities.
 Conduct ecological research in order to monitor the resources and the impacts of visitor use on the Preserve.
 Organize fundraising efforts for Preserve projects and programs.  Perform other services related to the preservation, protection, and enhancement of the Preserve, as approved, in writing, by the CITY.

The CONTRACTOR shall:

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
287

Packet Pg. 343 of 638

City of Palo Alto General Services Agreement 14 Rev. March 29, 2018

 Provide tools, equipment, and materials for all projects.  Use mechanical or hand removal only. Chemical means of control is not permitted.  Have access to the Preserve during normal business hours of the Preserve. Special events may occur outside of normal business hours with the prior written permission of the CITY.

The CITY will:
 Provide overall management of the Preserve.
 Review all activities proposed for the Preserve. All activities of the CONTRACTOR must be 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.

Work Plan and Evaluation
The CONTRACTOR shall submit to the CITY each year a written annual work plan of activities to be carried out at the Preserve during each fiscal year (July 1 through June 30) during the term of the agreement.

Starting September 1, 2023, and on or before September 1 of each succeeding fiscal year during the term of the Agreement, the CONTRACTOR and the CITY Manager, or designee, shall conduct a performance review based on the work plan, indicating the activities that have been carried out at the Preserve for the past fiscal year, and conformance to the agreed -upon performance objectives and standards. The performance review shall serve as a basis for consideration of any requests for funding or extension of the term of this agreement.

Community Outreach

Activity Detail
General outreach - Outreach for volunteer opportunities and the Youth Stewards program through the Grassroots Ecology website, weekly emails, newsletter and coordination with local schools and teachers - Over the summer, teams of two college interns will be stationed at the interpretive center and Boronda Lake to provide native plant and other naturalist education for the public.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
288

Packet Pg. 344 of 638

City of Palo Alto General Services Agreement 15 Rev. March 29, 2018

Community workdays We plan to host 8 weekend workdays and 6 weekday events per year.

Our target for volunteer hours served is 750-1,000 hours.

Group volunteer days Grassroots Ecology will host community groups Youth Stewards - Host 20 weeks of Grassroots Ecology’s Youth Stewards program at Foothills Nature Preserve where local youth develop a relationship with the preserve while helping with habitat restoration and stewardship activities.

Watershed Steward
Program corps
members
Grassroots Ecology applied for and was awarded two Watershed Steward Program Corps Members to assist with restoration and volunteer engagement at Foothills Nature Preserve. These young professionals are assigned to our organization as part of an AmeriCorps program that brings some increased awareness and effort to the Preserve.

Naturalist Education
Programming
- Plan and deliver educational programming for the Youth Stewards program such as invertebrate monitoring and
nature journaling
- Provide 1-2 interpretive walks for the general public Interpretive signage - Maintain and update signage at the interpretive center and pollinator garden, and lawn replacement as needed
- Update kiosk at Orchard Glen seasonally

Native Plant Revegetation, Maintenance, and Monitoring

Activity Detail
Native plant installation at
the Interpretive Center
Install and maintain native plants around the parking areas at the Interpretive Center:
- Maintain previous year’s planting by watering and weeding seasonally
- Add compost and mulch to this area to encourage plant growth - Explore the installation of a small split rail fence to delineate the area and create a cohesive look
Lawn replacement area - Expand the lawn replacement by sheet mulching and installing 300 native plants
- Quarterly maintenance of lawn replacement including
weeding, mulching, and deadheading
DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
289

Packet Pg. 345 of 638

City of Palo Alto General Services Agreement 16 Rev. March 29, 2018

Willow installation Install willow cuttings along Buckeye Creek in Las Trampas Valley and the 7.7 to improve creek flow and sediment management
Seed collection Collect native seeds in maintained native planting areas and spread the seeds at the appropriate time to encourage new populations Western Leatherwood
Mapping
Continue to map Western leatherwood (Dirca occidentalis) population on CalFlora

Invasive Plant Management

Medusahead Monitor and remove medusahead. Primary removal strategy is weed whipping.

Milk thistle Remove milk thistle with volunteers from along Buckeye Creek in the

7.7 area. Grassroots Ecology staff may weed whip if necessary.

Teasel (new this year!) Remove teasel on the Boronda Lake dam and other known areas in heavy use parts of the preserve. Primary removal strategy is removal of flower stalks and seed heads to manage seed bank.

Species Strategy/Locations
Yellow Star Thistle - Hand removal of Yellow Star Thistle from Vista Hill, Wildhorse Valley, and the 7.7 area, Los Trancos Trail, Las Trampas Valley, and roadsides if time permits
- Provide a mowing recommendation for the Rangers for summer 2023
Italian thistle Prioritize removal of Italian thistle in Wildhorse Valley and from within planting areas. Hand pull Italian thistle with volunteers; Grassroots Ecology staff may weed whip as necessary.

Poison hemlock Hand pull poison hemlock with volunteers, prioritize removal within Wildhorse Valley, Las Trampas Valley, and the 7.7 area
French broom Remove French broom from Los Trancos Trail, and Gates 1 & 2 if safe and feasible for volunteers. Removal strategies are hand pulling and using weed wrenches.

Stinkwort Monitor, map, and remove stinkwort park-wide with a focus on entrances, roadways, and at the water tower
DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
290

Packet Pg. 346 of 638

City of Palo Alto General Services Agreement 17 Rev. March 29, 2018

Nuisance vegetation
at Boronda Lake
dam
Monitor the dam face quarterly and remove any deep rooted, woody, nuisance vegetation. Provide mowing recommendation for yellow starthistle management on the dam face.

Below is a chart of the time of year when work is done on the target invasive species.

Project Management

Activity Detail
Project management Oversee completion of work plan deliverables and quality of project delivery. Ensure compliance with waiver policy, staff training and insurance requirements.

Reports Create and submit to the PA Rangers bi-annual reports to summarize progress on restoration projects, activities, and accomplishments.

Annual work plan Create and submit to the PA Rangers an annual work plan for the preserve activities planned for the upcoming year.

Technical expertise Provide technical expertise and collaboration to other City of Palo Alto departments as requested.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
291

Packet Pg. 347 of 638

City of Palo Alto General Services Agreement 1 Rev. March 29, 2018

Map 1 Showing Extent of Foothills Park

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
292

Packet Pg. 348 of 638

City of Palo Alto General Services Agreement 2 Rev. March 29, 2018

Map 2: Work Areas within Foothills Park

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
293

Packet Pg. 349 of 638

City of Palo Alto General Services Agreement 3 Rev. March 29, 2018

Map 3: Boronda Lake Area

Map 4: Wild Horse Valley

Map 5: Los Trancos Trail

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
294

Packet Pg. 350 of 638

City of Palo Alto General Services Agreement 4 Rev. March 29, 2018

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
295

Packet Pg. 351 of 638

City of Palo Alto General Services Agreement 5 Rev. March 29, 2018

Map 6: Western End of Las Trampas Valley

Map 7: Area around Gate 4 / Pony Tracks Fire Road

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
296

Packet Pg. 352 of 638

City of Palo Alto General Services Agreement 6 Rev. March 29, 2018

Section I

Adobe Creek Pedestrian Bridge Native Plant Restoration
Description:

The Adobe Bridge Native Plant Restoration site also known as the Highway 101 Pedestrian/Bike Bridge was c ompleted in December of 2021. This bridge links regional trails and bicycle facilities and improves access to recreation opportunities like the Baylands Nature Preserve. The bridge replaced the seasonal Benjamin Lefkowitz Underpass that was available only half the year (on average) due to seasonal flooding.

On the east side of 101, along the Adobe Creek Loop Trail that runs parallel to East Bayshore Road, lays the Adobe Bridge Native Plant Restoration area. This area was previously part of the ponds and t he area was landscaped with native vegetation during the construction of the Highway 101 Pedestrian/Bike Bridge project to re -naturalize the area.

SCOPE OF SERVICES
CONTRACTOR shall provide the maintenance of native plants at the Adobe Creek Pedestrian Bridge Native Restoration site.

CONTRACTOR shall provide the following services:

1. CONTRACTOR shall conduct quarterly site visits with the CITY (if needed) to assess the site and prioritize field work.

2. CONTRACTOR shall provide a monthly schedule for site work which will consist of the following:

A. Two to Four workdays for Volunteers.

B. Eight to Ten workdays for Staff.

This monthly schedule is subject to change each quarter.

3. CONTRACTOR shall provide a quarterly summary that will include the following:

A. Work conducted at the site.

B. Overall health of the installed plants (visual inspection).

C. Identification of any observed problems such as browsing, irrigation issues, or newly identified invasive plants of concern.

D. Recommendations.

4. CONTRACTOR shall provide additional meetings/coordination with the CITY as needed.

5. CONTRACTOR shall hold a workday on a monthly basis to conduct maintenance of entire site.

Tasks to include but not limited to:

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
297

Packet Pg. 353 of 638

City of Palo Alto General Services Agreement 7 Rev. March 29, 2018

1. Invasive plant removal and weeding -hand tools and manual methods sha ll be used. This may include, but not limited to removal of entire plant, mowing, pruning of seed heads and flowers at properly timed intervals.

2. Replacement of plant material - CONTRACTOR shall remove all dead plant material and re -plant with equivalent California native variety. CONTRACTOR shall replace up to 100 plants annually. Native seed of annuals and grasses shall be broadcasted when conditions are appropriate.

3. CONTRACTOR shall replenish mulch on a “as -needed” basis to help with weed suppression and keeping soil moisture adequate, along with providing nutrients back into the soil. Mulch will be provided by the City. However, CONTRACTOR is responsible for transportation of mulch, unless drop off is scheduled through the City’s Urban Forestry’s Division.

4. Debris removal: CONTRACTOR shall remove all debris within the site on a monthly basis. This includes, but not limited to litter, illegal dumping, vegetation debris, etc. CONTRACTOR shall transport all debris to the City’s Municipal Service Center located at 3201 E. Bayshore Road and dispose of all debris in the correct containers (garbage in garage, recycling in recycling and compost in compost).

Task
Number of
Hours
Site maintenance
2-4 volunteer workdays and 8-10 staff workdays (crew of 4-6)

Project planning, management and coordination with city, quarterly site visits

Total

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
298

Packet Pg. 354 of 638

City of Palo Alto General Services Agreement 8 Rev. March 29, 2018

Please see map below of Adobe Creek Pedestrian Bridge Native Plant Restoration location.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
299

Packet Pg. 355 of 638

City of Palo Alto General Services Agreement 9 Rev. March 29, 2018

EXHIBIT B

SCHEDULE OF PERFORMANCE

Section H
CONTRACTOR shall perform the Services according to the following schedule:

The chart below shows ideal times for removal of the target species. Seasons may run earlier or later depending on weather and growing conditions. In general, all species may be removed all year long, but incidental seed dispersal at senescence is to be avoided. This schedule is applicable to the entire park, not just to the sites established by the Friends of Foothills Park.

Month: J F M A M J J A S O N D
Italian thistle
Yellow
starthistle

French broom
Poison hemlock
Stinkwort
Milk thistle
Medusahead
Teasel

Native plant garden at the Interpretive Center Schedule:

Quarterly maintenance shall be completed at the native plant garden and around the parking lot.

Mobilize volunteers for Preserve Projects Schedule:

Regular bi-monthly volunteer weekend workdays shall be held, at minimum 20 per year.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
300

Packet Pg. 356 of 638

City of Palo Alto General Services Agreement 10 Rev. March 29, 2018

Section I

SCHEDULE OF PERFORMANCE

CONTRACTOR shall perform the Services according to the following schedule.

CONTRACTOR shall record number of hours for each task below on a monthly basis.

CONTRACTOR shall provide the following services:

1. CONTRACTOR shall conduct quarterly site visits with the CITY (if needed) to assess the site and prioritize field work.

2. CONTRACTOR shall provide a monthly schedule for site work which will consist of the following:

Two to Four workdays for Volunteers.

Eight to Ten workdays for Staff.

This monthly schedule is subject to change each quarter.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
301

Packet Pg. 357 of 638

City of Palo Alto General Services Agreement 11 Rev. March 29, 2018

EXHIBIT C

SCHEDULE OF FEES

CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement . Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of c ompensation set forth herein shall be at no cost to C ITY. The contracts yearly total for each section H and I shall be divided by 12 months for a monthly billing cycle.

Please see chart below for monthly totals.

RATE SCHEDULE

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
302

Packet Pg. 358 of 638

City of Palo Alto General Services Agreement 12 Rev. March 29, 2018

EXHIBIT D

INSURANCE REQUIREMENTS

CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM

OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR

HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

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

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

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

I. INSURANCE COVERAGE MUST INCLUDE:

A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.

III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”

A. PRIMARY COVERAGE

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
303

Packet Pg. 359 of 638

City of Palo Alto General Services Agreement 13 Rev. March 29, 2018

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,

INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR

CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE

POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIG HTS 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, TH E ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

NOTICES SHALL BE MAILED TO:

PURCHASING AND

CONTRACT ADMINISTRATION

CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
304

Packet Pg. 360 of 638

City of Palo Alto General Services Agreement 14 Rev. March 29, 2018

EXHIBIT E
BONDS
CONTRACTOR’S PERFORMANCE SURETY BOND

WHEREAS, Principal is required under the terms of said agreement to furnish a surety bond for the faithful performance of said agreement.

As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs an d 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 th e Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefore.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of thi s bond and has all rights of a party hereto.

/ /

/ /
DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
305

Packet Pg. 361 of 638

City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on , 20 .

Phone Number:

Name of Surety

Signature of Surety

By: Its:

Typed or Printed Name Title

Name of Contractor/Principal

Signature of Contractor/Principal

By: Its:

Typed or Printed Name Title

CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)

STATE OF )

COUNTY OF )

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
306

Packet Pg. 362 of 638

City of Palo Alto General Services Agreement 16 Rev. March 29, 2018 CONTRACTOR’S PAYMENT (LABOR AND MATERIALS) SURETY BOND

The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court.

It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond.

The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agre ement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
307

Packet Pg. 363 of 638

City of Palo Alto General Services Agreement 17 Rev. March 29, 2018 IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on , 20 .

Phone Number: ___________________
Name of Surety

Signature of Surety

By: Its: _________________________________
Typed or Printed Name Title

Name of Contractor/Principal

Signature of Contractor/Principal

By: Its: _________________________________
Typed or Printed Name Title

CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)

STATE OF )

COUNTY OF )

On , before me, , a notary public in and for said
County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
308

Packet Pg. 364 of 638

City of Palo Alto General Services Agreement 18 Rev. March 29, 2018

EXHIBIT F

LIQUIDATED DAMAGES

It is mutually agreed by CONTRACTOR and CITY that if completion of the Services to be provided by CONTRACTOR under this Agreement is delayed beyond the time specified in the Schedule of Performance, plus any authorized extensions of time, CITY will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. Accordingly, CITY and CONTRACTOR, agree, as a method to fix the damages and not as a penalty, that in the event of any such failure to perform, the amount of damage which shall be sustained by C ITY will be the sum of five hundred dollars ( $500) for each and every calendar day during which the Services remain uncompleted beyond the time specified for completion, plus any authorized extension of time. Should C ONTRACTOR fail to pay the liquidated damages to C ITY, CONTRACTOR agrees that C ITY may deduct and withhold the amount of the unpaid damages from any amounts due or that may become due to C ONTRACTOR under this Agreement.

BY PLACING THEIR INITIALS BELOW, CITY AND CONTRACTOR

ACKNOWLEDGE THAT THE AMOUNT SET FORTH ABOVE HAS BEEN AGREED UPON AS THE PARTIES’ REASONABLE ESTIMATE OF CITY’S DAMAGES.

_____________ _____________

CITY CONTRACTOR

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
309

Packet Pg. 365 of 638

City of Palo Alto General Services Agreement 19 Rev. March 29, 2018 APPENDIX A:

CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS

1. Claim Definition. “Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

2. Claim Process.

(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or ce rtified mail, DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
310

Packet Pg. 366 of 638

City of Palo Alto General Services Agreement 20 Rev. March 29, 2018 return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3. Disputed Claims

(ii) Unless otherwise agreed to by the City and the Con tractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Appendix or to otherwise meet the time requirements of this Appendix shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of t he City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Appendix, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
311

Packet Pg. 367 of 638

City of Palo Alto General Services Agreement 21 Rev. March 29, 2018

5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.

6. Approved Subcontractor Claims . If an approved subcontractor or a lower tier subcontractor lacks legal standing to ass ert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor.

The subcontractor requesting that the Claim be presented to the Cit y shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, howe ver, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

DocuSign Envelope ID: 44C4F4AA-8269-469C-92E2-DA466FB5FEC8 Item 6
Attachment C - Contract
C24186909C with
Grassroots Ecology

Item 6: Staff Report
Pg.
312

Packet Pg. 368 of 638

Vers.: Aug. 5, 2019

Page 1 of 12 ends

Palo Alto City CouncilOctober 2, 2023

Palo Alto City Council
October 2, 2023