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Home My WebLink AboutItem 6f. Authorization to Increase Services Contracts For Allweather Landscape Maintenance and Tennis Landscape Item 6f Department: Public Works Cost Center: 5002 For Agenda of: 1/14/2025 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Brendan Pringle, Senior Business Analyst SUBJECT: AUTHORIZE INCREASE TO LANDSCAPE SERVICE CONTRACTS FOR ALLWEATHER LANDSCAPE MAINTENANCE & TENNIS LANDSCAPE RECOMMENDATION 1. Approve the AllWeather Landscape Maintenance contract amount of $305,582, inclusive of all prior contract scope amendments totalling $88,800, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy. 2. Approve the Tennis Landscape contract amount of $742,395, inclusive of all prior contract scope amendments totalling $162,900, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy. POLICY CONTEXT Section 257 of the Financial Management Manual – “Contract Amendments” requires approvals by the Fiscal Officer for cumulative amendment total up to $10,000, Director between $10,000 and $70,000, and City Manager when the cumulative amendment total is between $70,000 to $149,999. Council approval is required when amendments cumulatively total $150,000 or more. DISCUSSION Background The City uses contract services to perform landscape maintenance services for parks, traffic medians, sound walls, parking lots, railroad right-of-way, and weed abatement. This methodology has allowed the City to provide maintenance services for the community at a lower cost and allows for both the increase and decrease of services offered based upon community demand and available funds. Page 115 of 619 Item 6f After a competitive Request for Proposal (RFP) process for land scape maintenance services, the City entered into separate agreements with AllWeather Landscape Maintenance, Tennis Landscape, and EMTS Landscape for the term of February 1, 2021 to February 28, 2025. The terms of the agreements may be extended for an additional two (2) years. These original agreements covered routine maintenance and seasonal enhancements for key areas as needed. Community demands and the addition of new facilities, such as the Avila Ranch parkland and North Broad Street Park, over the last three years have required the need for expanded contract service. As a result, the AllWeather and Tennis Landscape contracts have been amended multiples times to accommodate a broader scope and ensure that service standards are maintained. There have been no amendments to the EMTS Landscape contract. In alignment with the City’s policy and standard practice, the prices for ongoing landscape maintenance contracts are adjusted annually based on the Consumer Price Index (CPI), capped at a maximum increase of 5% from the previous contract year. The agreement with AllWeather Landscape Maintenance and Tennis Landscape Maintenance specifically ties these cost adjustments to the U.S. Consumer Price Index for All Urban Consumers in the Los Angeles area. AllWeather Agreement & Contract Adjustments The AllWeather contract now includes six amendments to maintain newly added park locations and green spaces not previously covered under the initial agreement, including Avila Ranch parkland. These areas require regular maintenance, seasonal planting, and periodic updates to landscaping features. AllWeather’s maintenance areas are comprised of City parks, traffic islands and medians, sound walls, Bill Roalman Bicycle Boulevard, City Corporation Yard, the Union Pacific Railroad right-of-way, and various parking lots and structures. The agreement and approved amendments (1-3) are included as Attachment A to this report. Amendments 4, 5 and 6, which have been executed by the Public Works department and AllWeather but not approved under the City's purchasing policy, are presented in Attachment B. Amendment 6 is included strictly for annual CPI adjustment, which was specified in the original contract and doesn’t change the scope of services. The original cost of the AllWeather Landscape contract was $184,320. Six total amendments to the contract cumulatively add $88,800 in increased scope to the contract since 2021. Staff is seeking approval of cumulative value of the contract scope amendments for AllWeather Landscape Maintenance, totaling $88,800. If Council authorizes the total contract value of $305,582 for AllWeather Landscape, in the future and as needs arise, the City Manager will be able to amend this agreement value up to $149,999 in compliance with purchasing policy provisions. The following table reflects all amendments and CPI adjustments to the AllWeather agreement. Page 116 of 619 Item 6f Table 1: AllWeather Agreement Amendments AllWeather Contract Contract Adjustments Adjustment Cost Cumulative Total Authority Level Amendment 1 (Scope of Work) $37,680 $37,680 Department Head Amendment 2 (Scope of Work) $5,904 $43,584 Department Head Amendment 3 (Scope of Work) $8,352 $51,936 Department Head Amendment 4 (Scope of Work) $29,820 $81,756 City Manager Amendment 5 (Scope of Work) $7,044 $88,800 City Manager Amendment 6 (CPI Adjustments - Cumulative) $32,462 $121,262 Department Head Original Contract $ 184,320 Total Scope of Work Amendments $ 88,800 Total CPI Adjustments $ 32,462 Contract Including Scope of Work and CPI Amendments $ 305,582 Tennis Landscape Agreement & Amendments The Tennis Landscape agreement now includes nine amendments to maintain newly added park locations and green spaces not previously covered under the initial agreement, including the Avila Ranch basins and parkways. These areas also require regular maintenance, seasonal planting, and periodic updates to landscaping features. Tennis Landscape’s maintenance areas are comprised of city parks and facilities, Mission Plaza Extension, traffic islands and medians, sound walls, monuments and fountain, street frontages, walkways, SLO Transit Bus Barn, the Water Resource Recovery Facility (WRRF), weed abatement, and supplemental support at Santa Rosa and Sinsheimer Parks. The Agreement and approved amendments (1-4) are included as Attachment C to this report; Amendments 2 and 3 are nonexistent, and the result of a numbering issue. Amendments 5-9, which have been executed by the Public Works department and Tennis Landscape, but not approved under the City's purchasing policy , are presented as Attachment D. Amendment 8 is included strictly for the cumulative CPI adjustment, which was specified in the original contract and doesn’t change the scope of services. The original cost of the Tennis Landscape contract was $499,332. Nine amendments to the contract cumulatively add $162,900 in increased scope to the contract since 2021. According to the City Purchasing Policy, Amendments 6-9 cause the cumulative amendment total to reach the threshold of Council approval, as contract amendments cumulatively total $150,000 or more. Staff is seeking approval of cumulative value of contract amendments for Tennis Landscape, totaling $162,900. If Council authorizes the total contract value of $742,395 for Tennis Landscape, in the future and as needs arise, the City Manager will be able to amend this agreement value up to $149,999 in compliance with purchasing policy provisions. Page 117 of 619 Item 6f The following table reflects all amendments and CPI adjustments to the Tennis Landscape agreement. Table 2: Tennis Landscape Agreement Amendments and CPI Adjustments Previous Council or Advisory Body Action On July 21, 2020, Council authorized staff to invite proposals for the Landscape Maintenance Service contracts and authorized the City Manager to award the contracts if the total was within the available annual budget. Tennis Landscape, AllWeather and EMTS Landscaping were awarded contracts. CONCURRENCE Public Works and Finance Departments concur with the recommendation. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guid elines Sec. 15378. Tennis Landscape Contract Contract Adjustments Additional Cost Cumulative Total Authority Level Amendment 1 (Scope of Work) $27,600 $27,600 Department Head Amendment 2 (Scope of Work) $0 $27,600 Department Head Amendment 3 (Scope of Work) $0 $27,600 Department Head Amendment 4 (Scope of Work) $11,520 $39,120 Department Head Amendment 5 (Scope of Work) $57,000 $96,120 City Manager Amendment 6 (Scope of Work) $54,000 $150,120 Council Amendment 7 (Scope of Work) $11,100 $161,220 Council Amendment 8 (CPI Adjustments- Cumulative) $80,163 $241,383 Department Head Amendment 9 (Scope of Work) $1,680 $243,063 Council Original Contract $ 499,332 Total Scope of Work Amendments $ 162,900 Total CPI Adjustments $ 80,163 Contract Including Scope of Work and CPI Amendments $ 742,395 Page 118 of 619 Item 6f FISCAL IMPACT Budgeted: Yes Budget Year: 2024-25 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $220,260 $220,260 $0 $220,260 Avila Ranch CFD Fund (213) $31,440 $31,440 $0 $31,440 State Federal Fees Other: Total $251,700 $251,700 $0 $251,700 The six total amendments for AllWeather total $88,800 and the nine total amendments for Tennis Landscape total $162,900, for a combined total of $251,700. This is covered by operating budget from the General Fund and Avila Ranch Fund for FY 2024 -25 and does not require any additional funding. These costs are augmented annually based on CPI, as outlined in the agreement, and the costs above reflect current costing of the scope amendments. ALTERNATIVES Council could refrain from authorizing increases to the AllWeather and Tennis Landscape agreements. This is not recommended, as it would limit the City’s ability to maintain the landscaping at the City’s parks or green spaces. This investment is crucial to meeting community expectations and maintaining these spaces at a high standard for the City’s residents. ATTACHMENTS A - AllWeather Agreement & Amendments 1-3 (Approved) B - AllWeather Amendments 4-6 C - Tennis Landscape Agreement & Amendments 1 -4 (Approved) D - Tennis Landscape Amendments 5-9 Page 119 of 619 Page 120 of 619 City of San Luis Obispo Specification No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7KLVZULWWHQ$JUHHPHQWLQFOXGLQJDOOZULWLQJVVSHFLILFDOO\ LQFRUSRUDWHG KHUHLQ E\ UHIHUHQFH VKDOO FRQVWLWXWH WKH FRPSOHWH DJUHHPHQW EHWZHHQ WKH SDUWLHV KHUHWR1R RUDO DJUHHPHQWXQGHUVWDQGLQJRUUHSUHVHQWDWLRQQRWUHGXFHGWRZULWLQJDQGVSHFLILFDOO\LQFRUSRUDWHGKHUHLQ VKDOOEHRIDQ\IRUFHRUHIIHFWQRUVKDOODQ\VXFKRUDODJUHHPHQWXQGHUVWDQGLQJRUUHSUHVHQWDWLRQ EH ELQGLQJXSRQWKHSDUWLHVKHUHWR DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 127 of 619 City of San Luis Obispo Specification No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ocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 128 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 129 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 130 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 131 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 132 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 133 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 134 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 135 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 136 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 137 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 138 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 139 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 140 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 141 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 142 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 143 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 144 of 619 DocuSign Envelope ID: 0E632BFE-608E-4034-B2B3-067057385C60 Page 145 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. I AGREEMENT TO PROVIDE LANDSCAPE MAJNTENANCE SERVICES SPEClFICA TJON NO. 50200-2020LS THIS AMENDMENT TO AGREEMENT is made and <mlered in the City of San Luis Obispo on October 13, 2021 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and AIIWeathcr Landscapes, Inc. hereinafter refc1Ted to as Contractor. WITNESS ETH: WHEREAS, on Oclober 15, 2021 the City entered into an Agreemenl wilh Contractor for Landscape Maintenance Services per Specification No. 50200·2020LS; and WHEREAS, the City desires to amend the agreement to provide weekly Landscape Maintenance Services for the French Park (1040 Fuller), Islay Park (1511 Tank Farm Rd.) and Adobe Rodriguez Park (1341 Purple Sage) commencing on October 15, 2021; and WHEREAS, the Contractor has ag reed to provide additional weekly Landscape Maintenance Services for the French Park ( I 040 Fuller), Islay Park (1511 Tank Fann Rd.) and Adobe Rodriguez Park ( 1341 Purple Sage). This is a temporary landscape maintenance service, by the Conlractor until the pe,manent fulltime employee position is filled. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: I.The scope of services and related compensation is hereby amended as set forth in Exhibit 'A'attached hereto.2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the pa11ies hereto have caused this instrument to be executed lhe day and year first written above. CITY OF SAN J,HHISPO ny:t/v{t-=- Matt Hom, Director of Public Works CONTRACTOR lly � \cs::_, . Q "'\ AIIWeathcr Land scapes, Inc. Page 146 of 619 October 13, 2021 City of San Luis Obispo Attn: Adam 1260 Chorro St San Luis Obispo CA 93401 abasden@slocity.org L A Site Address: Rodriguez Adobe Park CONTRACTOR AGREES: N D S C A p E To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas. TERMS: Contractor shall provide landscape maintenance service in conformity with this agreement: FOR THE PRICE OF: $750.00 per month CONTRACT DURATION: The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term. RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions. LAWNS: Mow and edge � Weekly D Bi-Weekly O Bi-Monthly 0None WEED ABATEMENT: all turf areas, Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. [81 Included D Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 1 of2 Page 147 of 619 AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. t8] Excluded from this agreement with an estimate provided for prior approval. TREES, SHRUBS, AND VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra. Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra. GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance. FERTILIZER: Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be � Included D Excluded WEED CONTROL: Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be � Included D Excluded COLOR IN-FILL I MAINTENANCE: Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. 0 Included � Excluded BARK IN·FILU MAINTENANCE: Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. 0 Included [81 Excluded BLOWING, INCIDENTAL DEBRIS: Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City. INSE CTS. DISEASE, FUNGUS: P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 2 of 2 Page 148 of 619 Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra. EXCLUSIONS: The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor. INSPECTION: Contractor and staff shall make a weekly inspection of the grounds as needed by either party. EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive. WORKING DAYS SCHEDULE: Regular schedule will be 181 Weekly O Bi-Weekly O Bi-Monthly INSURANCE: Contractor shall maintain the following insurance policies: GENERAL LIABILITY HERBICIDE -PESTICIDE DEFAULT NOTICE: WORKMANS COMPENSATION VEHICLE In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions. We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound. Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization. P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 3 of 2 Page 149 of 619 EXHIBIT 'A' French Park (1040 Fuller.) Amendment# 1 1). Mow & edge turf on a weekly basis 2). Remove dead shrubs 3)Eradicate broadleafs and grassy weeds in shrub planters 4)Trim shrubs 5)Eradicate gophers on a continual basis. 6)Check irrigation system and make repairs as needed NOTE: City of San Luis Obispo will provide parts for any missing or broken heads found in the initial irrigation check(one time only). AIIWeather Landscape will provide Labor and replace broken or missing heads/irrigation repairs at no costs to the City. After initial irrigation repairs, AIIWeather Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2020LS with the City of San Luis Obispo. 7)AIIWeather Landscape will follow the present Agreement Contract Specification No., 50200-2020LS -Service Level 2. The amount to provide the landscape services is $1495.00 /month. Adobe Rodgriguez Park (1341 Purple Sage.) 1 ). Mow & edge turf on a weekly basis 2). Remove dead shrubs 3)Eradicate broadleafs and grassy weeds in shrub planters & along paved areas within the Park's boundry parking lots/barriers. 4)Trim shrubs 5). Eradicate gophers on a continual basis. 6)Check irrigation system and make repairs as needed NOTE: City of San Luis Obispo will provide parts for any missing or broken heads found in the initial irrigation check (one time only). AIIWeather Landscape will provide Labor and replace or missing heads/irrigation Page 150 of 619 repairs at no costs to the City. After initial irrigation repairs, AIIWeather Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2020LS with the City of San Luis Obispo. 7)AIIWeather Landscape will follow the present Agreement Contract Specification No., 50200-2020LS-Service Level 2. The amount to provide the landscape services is $750.00month. Page 151 of 619 October 13, 2021 City of San Luis Obispo Attn: Adam 1260 Chorro St San Luis Obispo CA 93401 abasden@slocity.org Site Address: Islay Hill Park CONTRACTOR AGREES: L A N D S C A P E To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas. TERMS: Contractor shall provide landscape maintenance service in conformity with this agreement: FOR THE PRICE OF: $895.00 per month CONTRACT DURATION: The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term. RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions. LAWNS: Mow and edge � Weekly D Bi-Weekly D Bi-Monthly 0None WEED ABATEMENT: all turf areas, Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. � Included O Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 1 of2 Page 152 of 619 AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. 12?:l Excluded from this agreement with an estimate provided for prior approval. TREES1 SHRUBS1 AND VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra. Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra. GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance. FERTILIZER: Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be (!"'12?:l Included D Excluded WEED CONTROL: Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be 12?:l Included D Excluded COLOR IN-FILL I MAINTENANCE: Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. D Included 12?:l Excluded BARK IN-FILU MAINTENANCE: Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. D Included 12?:l Excluded BLOWING, INCIDENTAL DEBRIS: Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City. INSECTS1 DISEASE, FUNGUS: P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 2 of 2 Page 153 of 619 Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra. EXCLUSIONS: The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor. INSPECTION: Contractor and staff shall make a weekly Inspection of the grounds as needed by either party. EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive. WORKING DAYS SCHEDULE: Regular schedule will be � Weekly D Bi-Weekly D Bi-Monthly INSURANCE: Contractor shall maintain the following insurance policies: GENERAL LIABILITY HERBICIDE -PESTICIDE DEFAULT NOTICE: WORKMANS COMPENSATION VEHICLE In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions. We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound. Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization. P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 3 of 2 Page 154 of 619 -Lf'_.� £ �.,4 /I) • I'& ?AZ.I � I / City of San Luis Obispo DA TE � \ �( o • \"'f ·'LI Allweather Lan.:.;.;\ DATE P.O. Box 6734, Santa Marla, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 4of2 Page 155 of 619 Amendment# 1 EXHIBIT 'A' Islay Park (1511 Tank Farm Rd .. ) 1). Mow & edge turf on a weekly basis 2). Remove dead shrubs 3). Eradicate broadleafs and grassy weeds in shrub planters 4). Eradicate gophers on a continual basis. 5). Trim shrubs 6). Check irrigation system and make repairs as needed NOTE: City of San Luis Obispo will proved parts for any missing or broken heads found in the initial irrigation cl}eck(one time only). AIIWeather Landscape will provide Labor and replace broken of missing heads/irrigation repairs at no costs to the City. After initial irrigation repairs, AIIWeather Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2020LS with the City of San Luis Obispo. 7). AIIWeather Landscape will follow the present Agreement Contract Specification No., 50200-2020LS. The amount to provide the landscape seNices is $895.00/month. Page 156 of 619 October 13, 2021 City of San Luis Obispo Attn:Adam 1260 Chorro St San Luis Obispo CA 93401 abasden@slocity.org Site Address: French Parle CONTRACTOR AGREES: A L A WEATHER N D S C A p E To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas. TERMS: Contractor shall provide landscape maintenance service in conformity with this agreement: FOR THE PRICE OF: $1,495.00 per month CONTRACT DURATION: The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term. RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions. LAWNS: Mow and edge � Weekly D Bi-Weekly D Bi-Monthly 0None WEED ABATEMENT: all turf areas, Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. fgl Included D Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 1 of2 Page 157 of 619 AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. (gl Excluded from this agreement with an estimate provided for prior approval. TREES, SHRUBS, ANO VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra. Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra. GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance. FERTILIZER: Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be (gl Included D Excluded WEED CONTROL: Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be (gl Included D Excluded COLOR IN·FILL I MAINTENANCE: Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. D Included [8] Excluded BARK IN-FILU MAINTENANCE: Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. D Included 181 Excluded BLOWING, lNCIDENTAL DEBRIS: Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City. INSECTS, DISEASE, FUNGUS: P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 2 of 2 Page 158 of 619 Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra. EXCLUSIONS: The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor. INSPECTION: Contractor and staff shall make a weekly Inspection of the grounds as needed by either party. EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive. WORKING DAYS SCHEDULE: Regular schedule will be r2I Weekly O Bi-Weekly O Bi-Monthly INSURANCE: Contractor shall maintain the following insurance policies: GENERAL LIABILITY HERBICIDE -PESTICIDE DEFAULT NOTICE: WORKMANS COMPENSATION VEHICLE In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions. We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound. Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization. P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 3 of 2 Page 159 of 619 7 ' City of Ian Lula Obispo /CJ· 1Tj'-202 I DATE �\ � fO·f'f·�\ Allweather Landscape, Inc. DA TE P.O. Bax 6734, Santa Marla, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 4of2 Page 160 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. 2 AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES SPECIFICATION NO. 50200-2020LS THCS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on December 07, 2021 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and AllWeather Landscapes, Inc. hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on December 15, 2021 the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the agreement to provide weekly Landscape Maintenance Services for maintaining 20 -42" round pots,1��rectangular pots, & 6 existing rectangular pots on Monterey St. that create a barrier between the downtown parklets and the bike lane; and WHEREAS, the Contractor has agreed to provide additional weekly Landscape Maintenance Services for maintaining 20 -42" round pots, Jf !!' rectangular pots, & 6 existing rectanguiar pots on Monterey St. that create a barrier between the downtown parklets and the bike lane; This is an ongoing landscape maintenance service, by the Contractor until both parties agree to terminate the services with a 30 day notice. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: l.The scope of services and related compensation is hereby amended as set forth in Exhibit 'A'; " attached hereto.� 2. All other tenns and conditions of the Agreement remain in full force and effect.) ,· IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY °J!i-S 07r By:-� -- Matt Hom, Director of Public Works Page 161 of 619 -·, EXHBIT 'A' Monterey St. Pot and Planter Landscape Monthly Services AIIWeather Landscape is to furnish all labor, supervision, tools, and equipment necessary to maintain the newly installed landscaped pots and planters on Monterey St. in the downtown area. This includes 20 -42" round pots Io& � -rectangular pots 6 -existing pots This includes hand watering 2 times per week or as needed Fill pot/planter bladder as needed after permanent placement r··\Topical water as needed to keep plant material alive Removal of dead or broken branches Trash/debris removal from inside pot/planter area container Any additional pots/planters added will cost $12.00 per poVplanter The Contractor shall submit Certified Payroll as part of the monthly submittal Damage of plant material by others shall be replaced and paid by the City f /&, 13. oo TOTAL $4-92§0 7 per month /"l. .. � ... 'Jo-\ Page 162 of 619 AL WEATHER November 24, 2021 City of San Luis Obispo Attn: Adam 1260 Chorro St San Luis Obispo CA 93401 abasden@slocity.org L A Site Address: Monterey Street pot planters CONTRACTOR AGREES: N D S C A P E ("To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas. TERMS: Contractor shall provide landscape maintenance service in conformity with this agreement: FOR THE PRICE OF: $492.00per month •To include 20-42" round pots, 15-rectangular pots, 6 existing pots and includes hand watering 2 times per week or as needed* Fill bladder as needed after permanent placement. Topical water as needed to keep plant material alive. To include trash/debris removal from inside the pot area. Any additional Pots added to be at $12.00 per pot. Any plant replacement to be completed at predetermined contracted cost. CONTRACT DURATION: The original term of this agreement is week to week, and will automatically continue for successive one week unless cancelled by either of us in writing at least ten (10) days before the end of the original term or any renewal term. RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions. LAWNS: Mow and edge D Weekly D Bi-Weekly D Bi-Monthly 12]None all turf areas, P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 1 of2 Page 163 of 619 ( WEED ABATEMENT: Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary.� Included D Excluded AUTOMATIC IRRIGATION: Shall be accomplished on a scheduled basis with such frequency and quantity as to promote healthy growth and prevent dry areas. This shall be accomplished by checking the irrigation and adjusting the automatic controller based on changes in rainfall and temperature. Quarterly assessments included in this contract regardless of weather changes. Any repairs to the automatic irrigation systems and all accessories thereto will be D Included Minor Repairs (Excluding Main line breaks, RP and controller repairs or valve replacement) After first assessment of system, and repairs are complete, system to be in working order. � Excluded from this agreement with an estimate provided for prior approval. TREES, SHRUBS, AND VINES: The pruning, thinning, and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion. Guying of trees shall be deemed an absolute extra. Pruning of trees above eight feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra. GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance. FERTILIZER: Shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of the year, type of soil and type and condition of the plants and will be � Included D Excluded WEED CONTROL: Various chemicals for weeds and grass abatement, i.e. round up and fusillade will be � Included D Excluded COLOR IN-FILL I MAINTENANCE: Contractor shall maintain the color area landscape. This would cover any required removing/replacing color plantings as needed. The application of any weed control, snail bait and fertilizer for these areas. D Included � Excluded BARK IN-FILU MAINTENANCE: Contractor to provide O yard of walk on bark in fill per month, Bark placement to be determine by staff. D Included � Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 2 of 2 Page 164 of 619 ( BLOWING. INCIDENTAL DEBRIS: Contractor to pick up and remove all incidental debris from property prior to mowing or using any equipment. Contractor to blow property clean after completing all maintenance items each visit or as deemed necessary by City. INSECTS, DISEASE, FUNGUS: Other pests on trees, shrubs, ground cover and lawn weeds shall be controlled. Control of these shall be accomplished as necessary. Any pre-existing conditions that are detrimental to plant growth are not the responsibility of the contractor, and correction of this condition is an extra. EXCLUSIONS: The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor. INSPECTION: Contractor and staff shall make a weekly Inspection of the grounds as needed by either party. EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive. WORKING DAYS SCHEDULE: Regular schedule will be � Weekly D Bi-Weekly D Bi-Monthly INSURANCE: Contractor shall maintain the following insurance policies: GENERAL LIABILITY HERBICIDE -PESTICIDE WORKMAN$ COMPENSATION VEHICLE P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 3 of2 Page 165 of 619 DEFAULT NOTICE; In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions. We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound. Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization. /').. .. f>-7,0�/ City of San Luis Obispo DATE Allweather Landscape, Inc. DA TE P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www .allweatherlandscapes.com 4of2 Page 166 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. 3 AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES SPECIFICATION NO. 50200·2020LS TIIIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on February 22, 2022 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as Cit)', and AIIWeather Landscapes, Inc. hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on Februaiy 22, 2022 lhe City entered into an Agreement with Contractor for Landscape Maintenanco Services per Speoifloation No. 50200-2020LS; and WHEREAS, the City desires to amend tho agreement to provide weekly Landscape Maintenance Services for maintaining additional 58 22" X 54" -rectangular planters on Marsh St. and Higuera St. that create a barrier between the downtown newly installed medians and the bike lane; and WHEREAS, tho Contractor has agreed to provide additional weekly Landscape Maintenance Services for maintaining additional 58 22" X 54" -rectangular planters on Marsh St. and Higuera St. that create a barrier between tho downtown newly installed medians and tlte bike lane; This Is an ongoing landscape maintenance service, by the Contractor until both parties agree to terminate the servlces with a 30 day notice. NOW THEREFORE, in consideration of their mutual promises, obllgatlons and covenants hereinafter contained, the parties hereto agree as follows: I . The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto. 2 All other tonns and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the porties hereto have caused this instrument to be executed tho day and year first written above. ::��J]:�J;;. -----CONTRACTOR By:�4-.No_��011lU-Y Matt Hom, Director of Public Works AllWealhor Landscapes, Inc. Page 167 of 619 Amendment #3 EXHBIT 'A' Monterey St. Pot and Planter Landscape Monthly Services AIIWeather Landscape is to furnish all labor, supervision, tools, and equipment necessary to maintain the newly additional installed landscaped planters on Marsh and Higuera Streets in the downtown area. This includes 58 -22" X 54 " rectangular pots This Includes hand watering 2 times per week or as needed Fill pot/planter bladder as needed after permanent placement Topical water as needed to keep plant material alive Removal of dead or broken branches Trash/debris removal from inside pot/planter area container Any additional pots/planters added will cost $12.00 per pot/planter The Contractor shall submit Certified Payroll as part of the monthly submittal Damage of plant material by others shall be replaced and paid by the City TOTAL $696.00 per month Page 168 of 619 •CITYOF _SHil LUIS OBISPO Date: August 31, 2023 AIIWeather Landscape Inc. P.O. Box 6734. Santa Maria, CA 93456 Attn: Neil Towery RE: CPI Increase for July 2023 Through June 2024 Per Contract Agreement Specification No. 50200-2020LS Paragraph # 4. Cost Adjustments. The Us Consumer Price lndex/AIIUrban Consumers for Los Angeles area from March 2022 -March 2023 has increased at a rate of 3.7%. 1.Cost Adjustments. During the term of the agreement, beginning July 1, 2023, contract prices shall be modified by a percentage equal to the percentage increase in the U.S. Consumer Price lnd�x/ All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment. Under no circumstances shall the contract price increase more than five (5) percent(%) from the prior contract year. You may increase your billing to the City for Landscape Maintenance Services starting August 1, 2023. The present monthly charge is: Area 'B' $2942.00 X 3.7% CPI equals $109.00 with the new monthly service will be $3051.00. Area 'E' $3186.00 x 3.7% CPI equals $118.00 with the new monthly service will be $3304.00. Page 169 of 619 Area 'F' Spring $15,750.00 X 3.7% CPI equals $583.00 with the new monthly services will be $16,333.00. Area 'f' Fall $16,128.00 X 3.7% CPI equals $597.00 with the new monthly services will be $16, 725.00. Area Watering $1613.00 X 3.7% CPI equals $60.00 with new monthly services will be Pots: $1,673.00. Please contact me if there are any questions or assistance. Regards, Brian R. Bassler Landscape Contract Inspector 25 Prado Rd. San Luis Obispo, CA 93401 Page 170 of 619 A:VJE'.\iDMENT TO AGREE:VJE!\IT AMENDMEJ\.T :\iO. 4 AGREEMENT TO PROVIDE LANDSCAPE MAl0iTENANCE SERVICES SPECIFICATION NO 50200-2020LS THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on Januarv I 7. _Q:!� by and between the CITY OF SAN LCIS OBISPO, a municipal corporation. herein after referred to as City. and . All Weather Landscapes. Inc. hereinafter referred to as Contractor. WITNESS ETH: WHEREAS. on February I, 2021. the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the term of this Agreement to provide Maintenance Services for I) 4 Righetti Ranch Roundabouts Righetti Ranch and Tank Farm Rd: Righetti Ranch and Tiburon; Tiburon and Ranch House Rd. and Orcutt and Tanck Farm Rd. commencing on February I. 2023. 2). Provide a Day Porter to service 3 parks at Aliva Ranch WHEREAS. the Contractor has agreed to additional weekly Landscape Maintenance Services for the I). 4 Righetti Ranch Roundabouts Righetti Ranch and Tank Farm Rd: Righetti Ranch and Tiburon: Tiburon and Ranch House Rd. and Orcutt and Tanck Farm Rd 2). Provide a Day Porter to service 3 parks at Aliva Ranch. This is a landscape maintenance service, by the Contractor until a full-time employee is hired for these areas NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: I.The scope of services and related compensation is hereby amended as set forth in Exhibit ·A' attached hereto. 2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above: Page 171 of 619 ::�� Matt Hont1 Director of Public Works Page 172 of 619 EXHIBIT A June 20, 2023 City of San Luis Obispo Attn: Brian Bassler 1260 Chorro St San Luis Obispo CA 93401 bbassler@slocity.org Site Address: ALL.WEATHER L A N DSC1\P E Roundabout and adjacent streetscape@ Tank Farm & Righetti Ranch Rd, Roundabout and adjacent streetscape @ Tiburon & Righetti Ranch Rd, Roundabout and adjacent streetscape@ Tiburon & Ranch House Rd, Roundabout and adjacent streetscape @Tank Farm Rd. & Orcutt Rd. CONTRACTOR AGREES: To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas. TERMS: Contractor shall provide landscape maintenance service in conformity with this agreement: FOR THE PRICE OF: $790.00 per month CONTRACT DURATION: The original term of this agreement is (1) year and will automatically continue for successive (1) year terms unless cancelled by either of us in writing at least ten {30) days before the end of the original term or any renewal term. RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions. LAWNS: Mow and edge D Weekly D Bi-Weekly D Bi-Monthly � None WEED ABATEMENT: Contractor shall keep all non-turf or planted areas to minimum height of 4" of native grasses, use of chemicals to be determined by staff if necessary. [8'J Included O Excluded P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com 1 of2 Page 173 of 619 INSPECTION: Contractor and staff shall make a weekly inspection of the grounds as needed by either party. EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive. WORKING DAYS SCHEDULE: Regular schedule will be [8J Weekly O Bi-Weekly O Single service DEFAULT NOTICE: In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions. We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound. Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization. ��/ City of San Luis Obispo P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 www.allweatherlandscapes.com DATE Fax: 805.310.4947 3 of 2 Page 174 of 619 EXIBIT 'A' DAY PORTER -Avila Ranch Parks Contractor to Provide Monday through Friday daily custodial services at 3 small parks in the Avita Ranch Project: 1.Empty doggy waste trash cans at Mutt Mitt stations (City to provide trash bag liners) 2.Install/replenish Mutt Mitt baggies (City to provide Mutt Mitts) 3.Clean/disinfect table tops; dust chairs, play equipment, benches and tables 4.Rake and level engineer mulch in play areas for safety 5.Clean and wash concrete flooring from spills and drops 6.Remove graffiti and stickers off of chairs, tables, play equipment. 7.Blow areas that are non-turf of debris and planters 8.Perform work Monday t.hrough Friday at (3) hours per day 9.Storage of chemicals and equipment are not permitted on site Total Page 175 of 619 AMENDMENT TO AGREEMENT NO. 5 THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on ________ ___, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and AIIWeather Landscape Inc, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on February 01, 2021, the City entered into an agreement with Contractor for a Day Porter at the new Broad St. Mini Park, (the "Agreement"); and WHEREAS, the City and Contractor desire to amend the contract as set for in Exhibit A. NOW THEREFORE, in consideration of their mutual promises. obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1.The agreement is amended to include the services set forth in Exhibit A. 2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO City Manager CONTRACTOR Contractor: AIIWeather Landscape Inc. Page 176 of 619 EXIBIT 'A' DAY PORTER -Broad St. Mini Park Contractor to Provide Monday through Friday or Monday and Friday custodial services at 1 small park at the Broad St. Mini Park: 1.Empty trash cans and doggy waste trash cans at Mutt Mitt stations (City to provide trash bag liners). 2.install/replenish Mutt Mitt baggies (City to provide Mutt Mitts) 3.Clean/disinfect tabletops; dust chairs, play equipment, benches and tables 4.Rake and level engineer much in play areas for safety 5.Clean and wash concrete flooring from spills and liquid drops 6.Remove graffiti and stickers off of chairs, tables, play equipment. 7.Blow areas that are non-turf of debris and planters 8.Perform work Monday thru Friday at (1) hour per day or Monday & Friday at (1) hour per day. 9.Storage of chemicals and equipment are not permitted on site. Please note that this proposal the City wants to use the M & F service dates and will determine, in writing, if the City needs to increase day to day mainteance based on the park usage. See attached proposals from contractor regard ing the two bid proposals Total M thru F $587.00 per month OR Total M & F only $234.80 per month Page 177 of 619 EXIBIT A ALL WEATHER August 19, 2024 City of San Luis Obispo Attn: Bria Bassler 1260 Chorro St San Luis Obispo, CA 93401 bbassler@slocity.org L A N Site Address: Broad St. Park (Porter Services) CONTRACTOR AGREES: D S C A p E To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas. TERMS: Contractor shall provide landscape maintenance service in conformity with this agreement: FOR THE PRICE OF: $587.00 (1 Hours each day, 5x per week) CONTRACT DURATION: The original term of this agreement is one (1) year, and will automatically continue for successive one (1) year terms unless cancelled by either of us in writing at least thirty (30) days before the end of the original term or any renewal term. RESPON SIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions. DEBRIS/TRASH: Pick up debris and trash, empty trash cans as needed � Daily, Mon-Friday O Bi-Weekly O Bi-Monthly 0None BLOWING/SWEEPING: Contractor shall keep all non-turf or planted areas (Concrete side walks, walkways, and parking areas) clean by blowing all debris/leaf litter and removing debris. � Included O Excluded P.O. Box 6734, Santa Maria, CA 93456 www.allweatherlandscapes.com CLCA MEMBER V 1of4 Phone: 805.922.0580 Fax: 805.310.4947 DPR QAC # 165042 CA C-27Lic#1083565 Page 178 of 619 EXIBIT A SITE FURNISHINGS: Shall be kept clean of graffiti. If graffiti is present, it shall be removed with graffiti remover. Furnishings shall be wiped down for a clean and usable appearance. Limited to: Benches, tables and play equipment. � Included Daily Mon-Friday D Excluded from this agreement PRESSURE WASH: Shall be completed for high traffic concrete areas or walkways. Hot water pressure washing is an option if needed for an additional cost. D Included from this agreement � Excluded from this agreement GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance. BARK MAINTENANCE: Contractor to rake I turn over existing bark within the playground areas only. Rake to spread evenly throughout play area. Any additional bark needed for infill will be under a separate proposal to comply with CA standards � Included D Excluded EXCLUSIONS: The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor. INSPECTION: Contractor and staff shall make a weekly inspection of the grounds as needed by either party. EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive. WORKING DAYS SCHEDULE: Regular schedule will be � Weekly D Bi-Weekly O Bi-Monthly with the exception of observed holidays and rain days. DEFAULT NOTICE: In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions. P.O. Box 6734, Santa Maria, CA 93456 www.allweatherlandscapes.com CLCA MEMBER V 2of4 Phone: 805.922.0580 Fax: 805.310.4947 DPR QAC # 165042 CA C-27Lic#1083565 Page 179 of 619 EXIBIT A We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound. Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization. C.ty/fS L . 0 1 b" /I o an u1s 1spo Allweather Landscape, Inc. P.O. Box 6734, Santa Maria, CA 93456 www.allweath erlandscapes.com CLCA MEMBER W 3of4 8,-2.0 -26 2-'( DATE 8/19/2024 DATE Phone: 805.922.0580 Fax: 805.310.4947 DPR QAC # 165042 CA C-27Lic#1083565 Page 180 of 619 EXIBIT A ALL WEATHER August 19, 2024 City of San Luis Obispo Attn: Bria Bassler 1260 Chorro St San Luis Obispo, CA 93401 bbassler@slocity.org L A N Site Address: Broad St. Park (Porter Services) CONTRACTOR AGREES: D S C A p E To furnish all labor, supervision, tools and equipment necessary to maintain the landscaped areas. TERMS: Contractor shall provide landscape maintenance service in conformity with this agreement: FOR THE PRICE OF: $234.80 (1 Hour each day -2x per week -Mondays and Fridays Only) CONTRACT DURATION: The original term of this agreement is one (1) year, and will automatically continue for successive one (1) year terms unless cancelled by either of us in writing at least thirty (30) days before the end of the original term or any renewal term. RESPONSIBILITIES: Contractor shall maintain the landscaped areas in accordance with the following specifications and conditions. DEBRISITRASH: Pick up debris and trash, empty trash cans as needed [gJ Daily, Mon-Friday D Bi-Weekly D Bi-Monthly 0None BLOWING/SWEEPING: Contractor shall keep all non-turf or planted areas (Concrete sidewalks, walkways, and parking areas) clean by blowing all debris/leaf litter and removing debris. C8l Included D Excluded P.O. Box 6734, Santa Maria, CA 93456 www.allweatherlandscapes.com CLCA MEMDER V lof4 Phone: 805.922.0580 Fax: 805.310.4947 DPR QAC # 165042 CA C-27Lic#l083565 Page 181 of 619 EXIBIT A SITE FURNISHINGS: Shall be kept clean of graffiti. If graffiti is present, it shall be removed with graffiti remover. Furnishings shall be wiped down for a clean and usable appearance. Limited to: Benches, tables and play equipment. � Included Daily Mon-Friday O Excluded from this agreement PRESSURE WASH: Shall be completed for high traffic concrete areas or walkways. Hot water pressure washing is an option if needed for an additional cost. O Included from this agreement � Excluded from this agreement GROUND COVER MAINTENANCE: Shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds are to be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance. BARK MAINTENANCE: Contractor to rake I turn over existing bark within the playground areas only. Rake to spread evenly throughout play area. Any additional bark needed for infill will be under a separate proposal to comply with CA standards � Included D Excluded EXCLUSIONS: The contractor shall not be responsible for vandalism, theft, adverse natural conditions, or anything beyond the control of the contractor. INSPECTION: Contractor and staff shall make a weekly inspection of the grounds as needed by either party. EXTRAS: The owner shall continuously furnish and pay for utilities such as water and power. Contractor shall furnish, and owner shall pay for: additional plant materials, tree stakes, tree ties, dump fees, and various chemicals for insect, disease and pest control. These materials keep the landscaped areas healthy and attractive. WORKING DAYS SCHEDULE: Regular schedule will be l::gJ Weekly D Bi-Weekly O Bi-Monthly with the exception of observed holidays and rain days. DEFAULT NOTICE: In the event items or conditions are to be corrected or remedied, owner agrees to provide contractor with adequate notification of said items. Owner further agrees to allow contractor time to remedy those items or conditions. P.O. Box 6734, Santa Maria, CA 93456 www .a I lweatherla ndscapes.com CLCA MEMSE� V 2of4 Phone: 805.922.0580 Fax: 805.310.4947 DPR QAC # 165042 CA C-27Lic#1083565 Page 182 of 619 EXIB.IT A We have read, understand, and agree to all terms of this contract and we accept this proposal and agree to be so bound. Allweather Landscape, Inc. is hereby authorized to perform the above maintenance program commencing upon receipt of written authorization. � � 7 City of San Luis Obispo 8 -1,<) -202-'( DATE DATE P.O. Box 6734, Santa Maria, CA 93456 Phone: 805.922.0580 Fax: 805.310.4947 www.allweatherlandscapes.com DPR OAC # 165042 CA C-27Llc#1083565 CLCA MEMU{Q V 3of4 Page 183 of 619 AMENDMENT TO AGREEMENT NO. THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on __________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and ALLWEATHER LANDSCAPE MAINTENANCE, LLC, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on February 21, 2021, the City entered into an agreement with Contractor for landscaping services, (); and WHEREAS, the City and Contractor desire to amend the Agreement to adjust pricing for the term of July 1, 2024 to June 30, 2025 to increase pricing based on the Consumer Price Index for the Los Angeles region. The CPI adjustment for the term is 3.9% for the services attached in Exhibit A. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. The Agreement is hereby amended as set forth in Exhibit A. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO __________________________ CONTRACTOR _____________________________________ Contractor Page 184 of 619 City of San Luis Obispo Specification No. 50200-2020-LS AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on ______________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and TENNIS LANDSCAPE, INC., hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on November 24, 2020, the City requested proposals for Landscape Maintenance Services, per Project No. 50200-2020-LS WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for Category A, C, T, W, SD, PM, NR, and TH D; NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from February 1, 2021 to February 28, 2 025, or termination of the contract in accordance with this agreement. 2.INCORPORATION BY REFERENCE. City Specification No. 50200-2020-LS and Contractor's proposal is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. 3.Contract Extension. The term of the contract may be extended by mutual consent for an additional 2 years. 4.Cost Adjustments. During the term of the agreement, beginning July 1, 2022, contract prices shall be modified by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment. Under no circumstances shall the contract price increase more than five (5) percent from the prior contract year. 5.Ability to Perform. The Contractor warrants that it possesses all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. The Contractor's employees shall be competent and qualified to perform the specified work and shall perform the specified work in an orderly manner. If the City's representative advises the Contractor that an employee is incompetent, unqualified, or disorderly, the Contractor shall remove that employee from the specified work for the duration of the contract. The Contractor shall not bring to the specified work locations any pets, children, or persons not employed under the contract. 6.Contractor Identification. All staff employed in the work shall wear a shirt or jacket clearly identifying the Contractor’s company. DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 2/22/2021 | 10:17 AM PST Page 185 of 619 City of San Luis Obispo Specification No. 50200-2020-LS 7.Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City. 8.Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 9.Scope of Work and Levels of Service. The Contractor shall furnish services for Landscape Maintenance as specified in Exhibit A. The City may periodically request additional unspecified work, such as new or replacement planting at the assigned locations. For this work, the City shall pay the Contractor an amount equal to the amount provided by the contractor and attached as Exhibit B, multiplied by the number of units completed or installed, or the employee hours used multiplied by the accepted labor rate plus the actual cost of materials with a 15% markup allowed. 10.Work Hours. The Contractor shall perform the specified work on weekdays (Monday through Friday) between the hours of 7:00 a.m. and 5:00 p.m. The Contractor shall not perform any of the specified work outside of these work hours without the previous written consent from the City’s Contract Manager. 11.Traffic Control. The Contractor shall furnish all traffic control delineation required in order to perform the specified work. Traffic control delineation shall comply with all local, state, and federal regulations. The Contractor shall not close street lanes without the City's previous written consent. 12.Encroachment Permits. When specified work must be completed in the medians of state highways, such as those on Santa Rosa Street, the Contractor shall obtain and pay for any encroachment permits which may be required from the State of California Department of Transportation. 13.Work Schedule. At the beginning of each month the Contractor shall submit to the City a proposed schedule showing the sites and tasks to be completed during the upcoming month. Irrigation testing locations and fertilization must also be noted on the schedule. When submitting an invoice for work completed during a month, the Contractor shall include with the invoice a copy of the schedule showing the actual dates when work was completed. Failure to provide an adequate schedule will result in a forfeiture of 10% of the total monthly payment due. 14.Utilities Costs. The City shall pay the utilities costs for all water and electricity used at the specified work locations. Contractor shall follow direction of City staff for “rain shut off” of irrigation controllers during periods of extended rain. Failure to follow direction may result in contractor being liable for cost of water. 15.Materials. The Contractor shall not use any material for the specified work without the City's prior written approval of that material. If requested, the Contractor shall furnish to the City without charge samples of materials for examination and testing. Irrigation shall meet current City standards. The Contractor shall furnish to the City a list of all materials used for the specified work that are regulated by law as toxic or hazardous. With this list the Contractor shall include a material safety data sheet for each toxic or hazardous material. The Contractor shall train its employees in the proper handling of any toxic or hazardous materials. DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 186 of 619 City of San Luis Obispo Specification No. 50200-2020-LS 16.Inspection and Corrections. The Contractor shall furnish the City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. The City Contract Manager shall be sole judge of the adequacy of the Contractor’s maintenance and the appearance of the sites. During the third week of each month the Contractor and the City's Contract Manager together shall inspect locations where work was scheduled for completion that month. The City's Contract Manager shall document any deficiencies in writing. The City's Contract Manager will also periodically inspect work locations without the Contractor, but will report any deficiencies to the Contractor before the end of the third week of the month. If the Contractor does not correct a documented deficiency by the end of the month, it shall forfeit 50 percent of the monthly unit price for the location where the deficiency occurred. If the deficiency is not corrected within the next month, 100 percent of the monthly unit price for the location where the deficiency occurred will be forfeited. The City will deduct such forfeiture from its next payment. If site maintenance has not been completed at all, 100 percent of the monthly unit price will be forfeited from the next payment. 17.Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall scope of work. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. If, at any time during the term of the contract, the City determines that continued contract maintenance is no longer in the best interests of the City due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Contractor will be paid compensation due and payable to the date of termination. 18.Reports. At the end of each month, included with the invoice, the Contractor shall provide all irrigation reports, fertilization and pesticide application information for the prior month. Failure to provide any of these reports will result in forfeiture of 20% of the total monthly payment due. During months when no DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 187 of 619 City of San Luis Obispo Specification No. 50200-2020-LS irrigation, fertilization of pesticide application occurs, the Contractor shall note that with the invoice submittal. 19.Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Contractor and sub-contractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. Copies shall be furnished if requested. 20.Release of Reports and Information. The Contractor shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission. 21.Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 22.Conflict of Interest. The Contractor shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Contractor shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no sub-Contractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent Contractor and not an agent or employee of the City. 23.Rebates, Kickbacks or Other Unlawful Consideration. The Contractor warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 24.Covenant Against Contingent Fees. The Contractor warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 188 of 619 City of San Luis Obispo Specification No. 50200-2020-LS 25.Compliance with Laws and Wage Rates. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. Prevailing wage is required, at a minimum, for work under this contract. The Contractor and any subcontractor must forfeit to the City not more than $200 per day or part of a day for each worker paid less than the prevailing wage rate and pay the worker the difference between the prevailing wage rate and the rate paid (Labor Code § 1775). The Labor Commissioner determines the amount of this penalty and bases the amount on: 1. Whether the failure to pay the correct prevailing wage rate was a good-faith mistake that the Contractor or subcontractor promptly and voluntarily corrected upon notice 2. The prior record of the Contractor or subcontractor in meeting its prevailing wage obligations 3.The Contractor or subcontractor's willful failure to pay the correct rate of prevailing wages The Contractor shall submit certified payroll as part of the monthly invoice submittal. Weekly payrolls must include each employee’s: 1.Full name 2.Address 4. Work classification 5. Straight time and overtime hours worked each day and week 6. Actual wages paid for each day 7. Fringe benefits or submit a statement of fringe benefits, clearly defining which benefits are paid directly to the employee as part of the hourly rate, and which benefits are paid into an approved program. Fringe benefit statements must be signed by the employer or the employer’s agent certifying the fringe benefit statement is correct and the employer has been authorized to make any payments on behalf of the employee to approved programs. 26.Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 27.Permits, Licenses, and Insurance. The Contractor shall procure and maintain current, all permits, licenses, and specified insurance, and pay all charges and fees, and file all notices as they pertain to the completion of the Contractor’s work. The contractor shall have and maintain the following valid State of California Licenses, C-27 Contractors License, Qualified Pesticide Applicators License, and Agricultural Pest Control Business License. The Contractor shall comply with the current State Department of Pesticide Regulations and County of San Luis Obispo Agriculture Commissioner regulations. NOTE: For CAT (F) only Contractor will need to be eRailsafe certified by the Union Pacific Rail Road Contact Bill Chandler of UPRR Safety Department – Police Background Investigation Phone # (435- 563-8253) or email mfarley@up.com MaryBeth Farley Operations Manager Support UPRR for forms and procedure. Or on the website: https://erailsafe.com/usa/applicant-login/ 28.(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations otherwise conducted by Contractor, including claims arising out of the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 189 of 619 City of San Luis Obispo Specification No. 50200-2020-LS 29.(d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 30.Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA; the California Division of Industrial Safety; and Union Pacific Railroad (UPRR) as well as the UPRR Fire Prevent Plan. 31.Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 32.Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 33.Water Conservation. Contractors shall turn off all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good, and acceptable horticultural maintenance practices. Contractors shall comply with all City of San Luis Obispo Ordinances and Resolutions which relate to water conservation. 34.Recycled/Reclaimed Water. Water supplied by the City for irrigation may be Recycled/Reclaimed Water, indicated by purple color-coded sprinklers, valves, valve boxes, tags and signs. Contractor understands that Recycled/reclaimed Water is not intended for human contact or consumption. Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled/Reclaimed Water. 35.Security of Work Locations. For work locations secured by locks, the City shall provide the Contractor with the required keys. The Contractor shall properly secure these locations when specified work is completed and shall replace or repair City property lost or damaged when locks are not properly set. 36.Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 37.Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other Contractors during the contract term. 38.Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 190 of 619 City of San Luis Obispo Specification No. 50200-2020-LS hours billed and miscellaneous charges and any sub-Contractor invoices, similarly broken down, as supporting detail. 39.Payment. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation for individual site work in accordance with the prices included in Sections J and K. 40.Contractor Invoices. The Contractor shall deliver a monthly invoice to the City with the name of the contract, the contract specification number. The invoice shall be itemized by site / location and accompanied by required reporting documents. 41.Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City Contract Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Contractor. Not later than thirty days after receipt of a written decision on any dispute by the City’s Contract Manager, the Contractor may request review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Public Works Director. Not later than 30 days after issuance of the final audit report, the Contractor may request a review by the City’s Public Works Director of unresolved audit issues. The request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the City will excuse the Contractor from full and timely performance in accordance with the terms of this contract. 42.CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation as awarded by contract. 43.CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 44.AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. If, at any time during the project, the Contractor is directed to do work by persons other than the City Contract Manager and the Contractor believes that the work is outside of the scope of the original contract, the Contractor shall inform the Contract Manager immediately. If the Contract Manager and Contractor both agree that the work is outside of the work scope and is necessary to the successful completion of the work, then a fee will be established for such work based on Contractor's hourly billing rates or a lump sum price agreed upon between the City and the Contractor. Any extra work performed by Contractor without prior written approval from the City Contract Manager shall be at Contractor's own expense. 45.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 191 of 619 City of San Luis Obispo Specification No. 50200-2020-LS 46.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Adam Basden City of San Luis Obispo 25 Prado Rd San Luis Obispo, CA 93401 Contractor TENNIS LANDSCAPE 155 Refugio Street Grover Beach, CA 93433 47.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: By: City Manager APPROVED AS TO FORM: CONTRACTOR: By: City Attorney Name of CAO / President DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 192 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 193 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 194 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 195 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 196 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 197 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 198 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 199 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 200 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 201 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 202 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 203 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 204 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 205 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 206 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 207 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 208 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 209 of 619 DocuSign Envelope ID: 0B650A41-247E-4FD2-B536-4EDE46D74BE3 Page 210 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. 1 AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES SPECIFICATION NO. 50200-2020LS THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on September 1, 2021 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and Tennis Landscapes, Inc. hereinafter referred to as Contractor. WITNESS ETH: WHEREAS, on February 1, 2021 the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the agreement to provide weekly Landscape Maintenance Services for the 'the Jack House and Mission Plaza' commencing on September 6, 2021; and WHEREAS, the Contractor has agreed to provide additional weekly Landscape Maintenance Services for the 'the Jack House.' (536 Marsh St.) and 'Mission Plaza' (898 Choro St.). This is a temporary landscape maintenance service, by the Contractor, until the City hires a permanent fulltime employee due to the loss of a fulltime employee. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: I.The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto. 2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO By: ttJtk--= Matt Hom, Public Works Director CONTRACTOR �;��a �i "af,\ iv------ Page 211 of 619 Amendment 1 Exhibit 'A' The Jack House 536 Marsh St. & Mission Plaza 898 Chorro St. 1). Trim shrubs and ground cover as needed. 2). Eradicate broadleaf and grassy weeds on a weekly basis around walkways, bridges, buildings, turf, and planters both sides of the creek. 3). Blow both sides of the creek -sidewalks, remove trash & debris along sidewalks/pathways & bridges on a weekly basis. 4). Fertilize shrubs and turf as needed. 5). Mow turf lawns, trim turf edges and line trim turf on a weekly basis. 6). When spraying herbicides/pesticides make sure chemicals do not wash into creek. 7). Provide irrigation checks and make irrigation repairs in a timely manner. Tennis Landscape Services will follow the present Agreement Contract: Service Level 2 per Landscape Contract Maintenance -Specification 50200-2020LS: High Level Maintenance associated with well-developed public areas, malls, & government grounds. (Weekly) The amount to provide the landscape services is $2,300.00 per month. Jack House $640.00 per month. Mission Plaza $1,660.00 per month. TOTAL $2,300.00/month Page 212 of 619 TENNIS LANDSCAPE CORP 1155 REFUGIO ST. GROVER BEACH, CA. 93433 PROPOSAL FOR City ofSLO Accts Payable Department 990 Palm Street PROPOSAL DA TE PROPOSA ... 9/1/2021 911123 San Luis Obispo, CA 93401 P0#608735 TERMS DUE DATE PROJECT DESCRIPTION THE JACK HOUSE 536 MARSH ST & MISSION PLAZA 898 CHORRO ST 1). TRIM SHRUBS AND GROUND COVER AS NEEDED 2). ERADICATE BROAD LEAF AND GRASSY WEEDS ON A WEEKLY BASIS AROUND WALKWAYS, BRIDGES, BUILDING, TURF AND PLANTERS BOTH SIDES OF THE CREEK 3). BLOW SIDES OF THE CREEK -SIDEWALKS, REMOVE TRASH & DEBRIS ALONG SIDEW ALKS/P ATHWA YS & BRIDGES ON A WEEKLY BASIS 4). FERTILIZE SHRUBS AND TURF AS NEEDED. 5). MOW TURF LAWNS, TRIM TURF EDGED AND LINE TRIM TURF ON WEEKLY BASIS 6). WHEN SPRAYING HERBICIDES/PESTICIDES MAKE SURE CHEMICAL DO NOT WASH INTO CREEK 7). PROVIDE IRRIGATION CHECKS AND MAKE IRRIGATION REPAIRS IN A TIMELY MANNER 9/1/2021 TENNIS LANDSCAPE SERVICES WILL FOLLOW THE PRESENT AGREEMENT CONTACT: SER VICE LEVEL 2 PER LANDSCAPE CONTRACT MAINTENANCE SPECIFICA TION 50200-2020LS: HIGH LEVEL MAINTENANCE ASSOCIATED WITH WELL-DEVELOPED PUBLIC AREAS, MALLS & GOVERNMENT GROUNDS. (WEEKLY) THE AMOUNT TO PROVIDE THE LANDSCAPE SERVICES IS $2,300.00 PER MONTH CONTACT NAME:JESUS SARABIA, SUPERVISOR me�JJ(N{JNml!lRB30$6®1000411ER MONTH Page 1 TOTAL 2,300.00 TOTAL Page 213 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. 4 AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES SPECIFICATION NO. 50200-2020LS THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on April 27, 2022 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and Tennis Landscapes, Inc. hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on May 1, 2022 the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the agreement to provide bi-weekly Landscape Maintenance Services for maintaining center medians on Froom Ranch Way and Dalidio Dr. a total of 10 medians. WHEREAS, the Contractor has agreed to provide additional bi-weekly Landscape Maintenance Services for maintaining center medians on Froom Ranch Way and Dalidio Dr. a total of 10 medians. This is an ongoing landscape maintenance service, by the Contractor until both parties agree to terminate the services with a 30 day notice. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: I.The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto. 2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. ::�WJl;O CONTRACTOR �Y:s:UY\ �G,b1b( Matt Hom, Director of Public Works Tennis Landscape, Inc. Page 214 of 619 Amendment # 4 EXHIBIT 'A' San Luis Ranch Medians Froom Ranch Way and Dalido Dr. Medians 1 ). Remove Trash and debris in medians 2). Remove dead branches on shrubs 3)Eradicate broadleafs and grassy weeds in shrub medians 4)Trim shrubs 5)Eradicate gophers on a continual basis. 6)Check irrigation system and make repairs as needed Tennis Landscape will provide Labor and replace broken or missing drip emitters, and drip line irrigation repairs at no costs to the City. Tennis Landscape will be responsible for replacement of irrigation drip line and emitters repairs as per the Landscape Contract Specification No. 50200- 2020LS with the City of San Luis Obispo. 7)Tennis Landscape will follow the present Agreement Contract Specification No., 50200-2020LS -Service Level 4. MONTHLY TOTAL $960.00 Page 215 of 619 TENNIS LANDSCAPE CORP 1155 REFUGIO ST. GROVER BEACH, CA. 93433 PROPOSAL FOR City ofSLO Accts Payable Department 990 Palm Street San Luis Obispo, CA 93401 P0#608735 TERMS DESCRIPTION This proposal is for the San Luis Ranch Medians on both Froom Ranch Way and Dalidio Dr. This includes three medians and one round-about median on Dalidio Dr. from Madonna Rd. to Froom Ranch Way. And four medians and two round-abouts on Froom Ranch Way from the Froom Ranch Way Bridge to Dalidio Dr. WE APPRECIATE YOUR BUSINESS PROPOSAL DATE PROPOSA. .. 4/5/2022 911148 DUE DATE PROJECT 4/5/2022 TOTAL 960.00 TOTAL $960.00 Page 216 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. 5 AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES SPECIFICATION NO. 50200-2020LS THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on July 7. 2022 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and Tennis Landscapes, Inc. hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on February I, 202 I, the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the term of this Agreement to provide Landscape Maintenance Services for Sinsheimer Park (906 Sherwood) and Johnson Park (1020 Southwood) commencing on July 18, 2022 and WHEREAS, the Contractor has agreed to additional weekly Landscape Maintenance Services for the Sinsheimer Park (90(9) and Johnson Park ( 1020 Southwood). This is a temporary landscape maintenance service, by the Contractor until the full-time employee returns from leave of absence. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1.The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto. 2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above: CONTRACTOR: �__e>-v��Tennis Landscape, Inc. Page 217 of 619 TENNIS LANDSCAPE CORP 1155 REFUGIO ST. ,-�\GROVER BEACH, CA. 93433 PROPOSAL FOR City ofSLO Accounts Payable Dept. 990 Palm Street San Luis Obispo, CA 93401 TERMS DESCRIPTION This proposal is for property located at Johnson Park Monthly maintenance. Mowing, edging, blowing, rodent control, repair irrigation heads after initial G repair,trash removal on weekly basis Ph:805 431-7063/Fax:805 4 73-5868 E-MAIL:Tennislandscape@yahoo.com PROPOSAL DATE PRO POSA ... 7/28/2017 785 DUE DATE PROJECT 7/28/2017 TOTAL 1,750.00 TOTAL $1,750.00 Page 218 of 619 TENNIS LANDSCAPE CORP 1155 REFUGIO ST. '�pROVER BEACH, CA. 93433 PROPOSAL FOR CITY OF SN LUIS OBISP 25 PRADO RD (ATTN: BRIAN BASSLER) (805)542-9868 SN LUIS OBISPO, CA 93401 DESCRIPTION Proposal city of slo sinsheimer park TERMS PROPOSAL DATE PROPOSA ... 9/19/2018 823 DUE DATE PROJECT 9/19/2018 TOTAL 3,000.00 Mow edg,;1 blow trim shrubs eradicate ghophers trim weeds around trees & fence line weekly basis. ix broken heads. Monthly maintenance.$3000.00 Note.city provide sprinkler during initial irrigation check. Contractor responsible after irrigation check. Ph:805 431-7063/Fax:805 473-5868 E-MAIL: Tenni slandscape@yahoo.com TOTAL $3,000.00 Page 219 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. 6 AGREEMENT TO PROVIDE LANDSCAPE MAINTENANCE SERVICES SPECIFICATION NO. 50200-2020LS THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on September 13, 2022 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and Tennis Landscapes, Inc. hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on February 1, 2022 the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the agreement to provide weekly Landscape Maintenance Services for Laguna Hills Park (925 San Adriano) and Laguna Lake Park (548 Madonna) commencing on September 19, 2022;and WHEREAS, the Contractor has agreed to provide additional weekly Landscape Maintenance Services for the Laguna Hills Park (925 San Adriano) and Laguna Lake Park (548 Madonna). This is a temporary landscape maintenance service, by the Contractor until the pennanent fulltime employee position is filled. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1.The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto. 2.All other tenns and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO By: !f_.lC11 Matt Hom, Director of Public Works CONTRACTOR � By�--4t'i�,1 ?""-------"-' _;fZ--___ _ 7 Tennis Landscapes, Inc. Page 220 of 619 TENNIS LANDSCAPE CORP 1155 REFUGIO ST. GROVER BEACH, CA. 93433 PROPOSAL FOR City of SLO Accts Payable Department 990 Palm Street PROPOSAL DATE PROPOSA. .. 9/13/2022 911166 San Luis Obispo, CA 93401 P0#608735 TERMS DUE DATE PROJECT DESCRIPTION LAGUNA HILLS PARK 925 ADRIANO CT. 1). Mow & edge turf on a weekly basis 2). Remove dead shrubs 3)Eradicate broadleafs and grassy weeds in shrub planters 4)Trim shrubs 5)Eradicate gophers on a continual basis. 6)Check irrigation system and make repairs as needed NOTE: City of San Luis Obispo will provide parts for any missing or broken heads found in the initial irrigation check(one time only). Tennis Landscape at will provide Labor and replace broken or missing heads/irrigation repairs no costs to the City. After initial irrigation repairs, Tennis Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2014LS with the City of San Luis Obispo. 7)Tennis Landscape will follow the present Agreement Contract Specification No., 50200-2014LS -Service Level 2. Ph:805-264-0242 E-MAIL:Tennislandscape@yahoo.com 9/13/2022 TOTAL 2,400.00 TOTAL $2,400.00 Page 221 of 619 TENNIS LANDSCAPE CORP 1155 REFUGIO ST. GROVER BEACH, CA. 93433 PROPOSAL FOR City of SLO Accts Payable Department 990 Palm Street PROPOSAL DATE PROPOSA. .. 9/13/2022 911167 San Luis Obispo, CA 93401 P0#608735 TERMS DUE DATE PROJECT DESCRIPTION Laguna Lake Park (504 Madonna Rd.) Monthly service broken 1 ). Mow & edge turf on a weekly basis 2). Remove dead shrubs 3)Eradicate broadleafs and grassy weeds in shrub planters & along paved areas within the Park's boundary parking lots/barriers. 4)Trim shrubs 5)Check irrigation system and make repairs as needed NOTE: City of San Luis Obispo will provide parts for any missing or heads found in the initial irrigation check (one time only). Tennis Landscape will provide Labor and replace or missing heads/irrigation repairs at no costs to the City. After initial irrigation repairs, Tennis Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2014LS with the City of San Luis Obispo. 6)Tennis Landscape will follow the present Agreement Contract Specification No., 50200-2014LS -Service Level 2. Ph:805-264-0242 E-MAIL:Tennislandscape@yahoo.com 9/13/2022 TOTAL 2,100.00 TOTAL $2,100.00 Page 222 of 619 EXHIBIT 'A' Laguna Hills Park (925 Adriano Ct.) Amendment# 6 1 ). Mow & edge turf on a weekly basis 2). Remove dead shrubs 3)Eradicate broadleafs and grassy weeds in shrub planters 4)Trim shrubs 5)Eradicate gophers on a continual basis. 6)Check irrigation system and make repairs as needed NOTE: City of San Luis Obispo will provide parts for any missing or broken heads found in the initial irrigation check(one time only). Tennis Landscape will provide Labor and replace broken or missing heads/irrigation repairs at no costs to the City. After initial irrigation repairs, Tennis Landscape will be responsible for · replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2014LS with the City of San Luis Obispo. 7)· Tennis Landscape will follow the present Agreement Contract Specification No., 50200-2014LS -Service Level 2. The amount to provide the landscape services is $2400.00/month. Laguna Lake Park (504 Madonna Rd.) 1). Mow & edge turf on a weekly basis 2). Remove dead shrubs 3)Eradicate broadleafs and grassy weeds in shrub planters & along paved areas within the Park's boundry parking lots/barriers. 4)Trim shrubs 5)Check irrigation system and make repairs as needed NOTE: City of San Lufs Obispo will provide parts for any missing or broken heads found in the initial irrigation check (one time only). Tennis Landscape will provide Labor and replace or missing heads/irrigation repairs at no costs to the City. Page 223 of 619 After initial irrigation repairs, Tennis Landscape will be responsible for replacement of irrigation heads and repairs as per the Landscape Contract Specification No. 50200-2014LS with the City of San Luis Obispo. 6)Tennis Landscape will follow the present Agreement Contract Specification No., 50200-2014LS -Service Level 2. The amount to provide the landscape services1s $T11JI T TJO/monfi;;c:cc---====:c=========c=:- Page 224 of 619 AMENDMENT TO AGREEMENT AMENDMENT NO. 7 AGREEMENT TO PROVIDE LANDSCAPE MATI\/TENANCE SERVICES SPECIFICATION NO. 50200-2020LS THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on March 23, 2023 by and between the CITY OF SAN LUIS OBJSPO, a municipal corporation, herein after referred to as City, and Tennis Landscapes, Inc. hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on April 1, 2023 the City entered into an Agreement with Contractor for Landscape Maintenance Services per Specification No. 50200-2020LS; and WHEREAS, the City desires to amend the agreement to provide weekly Landscape Maintenance Services for maintaining center medians, basins and parkways at Avila Ranch TR# 3089 on VacheJI Ln., Venture Dr. and Earthwood Ln. WHEREAS, the Contractor has agreed to provide additional bi-weekly Landscape Maintenance Services for maintaining center medians, basins and parkways on at Avila Ranch TR# 3089 on VacheJI Ln., Venture Dr. and Earthwood Ln. . This is an ongoing landscape maintenance service, by the Contractor until both parties agree to terminate the services with a 30 day notice. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: I.The scope of services and related compensation is hereby amended as set forth in Exhibit 'A' attached hereto. 2.AJI other terms and conditions of the Agreement remain in fu]l force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. Matt Hom, Director of Public Works CONTRACTOR /j By:� e7")::, L,.�--- Tennis Landscape, Inc. Page 225 of 619 Exhibit 'A' EXHIBIT A TO AGREEMENT: SCOPE OF WORK AND SERVICE LEVELS DETAILED DESCRIPTION OF WORK 1.Litter Control. City of San Luis Obispo Specification No. 50200-2020-LS Ground Litter. The Contractor shall pick up litter as encountered during scheduled visits to the locations listed In Contract Proposal, taking particular care to remove fecal matter from turf areas and from areas that are highly traveled and highly visible, including parking lots. Posted Material. The Contractor shall remove all posters, flyers, signs, and advertisements including staples, tacks, nails, and tape that are attached to trees, poles, and any other structures. Dispos al of Gathered Utter and Material. Disposal of collected litter shall be at the Contractor's expense and not deposited in site garbage cans and dumpsters. The City shall remove trash from site garbage cans unless otherwise specified. 2.Walkway Maintenance. Utter Control. The Contractor shall remove all trash, weeds, and foreign objects from walkway surfaces as established for each Service Level. The Contractor shall then remove all trash, weeds and foreign objects from the site. Blow Pack Use. In the downtown area, blow packs may be used between 7:00 AM and 10:00 AM. In resi dential areas blow packs may be used between 8:00 AM and 5:00 PM. All litter swept with a blow pack shall be picked up and removed from the site. Because of Inherent noise and dust problems, the Contractor shall display courtesy and consideration towards citizens and businesses whenever a blow pack is used and shut down or direct blowing away from pedestrians. The City prefers the use of battery powered blowers when feasible. Washing. Washing walkways shall not be pennltted unless specifically authorized by the City's Contract Manager and undertaken with proper controls to prevent pollution of stonnwater. Pruning. In addition to the specified scheduled pruning, the Contractor shall prune trees, shrubs and groundcovers whenever necessary to keep walkways clear and to maintain pedestrian safety. Eguipment Pads. Equipment pads shall receive the same maintenance as walkways. 3.Irrigation. Manual Irrigation. The Contractor shall manually irrigate vegetation as required to maintain proper plant growth. This manual irrigation shall Include watering with hoses, hose bibs, quick couplers, nozzles, and sprinklers furnished by the Contractor. Manual irrigation may be required in addition to, In conjunction with, or in the absence of automatic irrigation. The Contractor shall irrigate at times of the day that shall ensure maximum plant health and minimum Inconvenience for people using the area. The Contractor shall avoid water runoff onto roadways, walkways and other hard surfaces. Recycled water shall be prevented from landing on picnic tables and drinking fountains. Schedules. On January 1, April 1, July 1, and October 1 of each year, the Contractor shall submit a proposed irrigation time of day schedule-for all areas for the next 3 months. This schedule fonn will be provided by the city and the schedule must be approved by the City's Contract Manager. Automatic Irrigation. The Contractor shall operate all automatic irrigation systems. Automatic irrigation shall nomially take place during night or earty morning hours. The Contractor shall program automatic controllers for seasonal water requirements. During periods of rain, the contractor shall deactivate all automatic programming and go into "rain shut down.",. The contractor shall notify the City when "rain shut down" is both activated and deactivated. Failure to activate "rain shut down" during rainy weather will result in the contractor being liable fo rthe cost of water used, per location, during rainy periods. If plant material dies due to inadequate water or over watering, the Contractor shall replace all dead plant material within 3 weeks of written notification, at no cost to the City. -22- Page 226 of 619 Exhibit 'A' City of San Luis Obispo Specification No. 50200-2020-LS Irrigation System Inspection and Repair. The contractor shall maintain all irrigation systems in proper adjustment to avoid water runoff or overspray onto adjacent properties, roadways, walkways and other hard surfaces. The Contractor shall perform monthly irrigation system-inspections by turning the system on, checking for leaks, overspray and other coverage issues, and making necessary adjustments and repairs. The Contractor shall notify the City of the Inspection and submit an irrigation report the first of every month during the irrigation season. The contractor is responsible for repairs and replacements from the lateral line up, including swing-joints, risers, irrigation heads, drip emitters, and tubing. The City shall be responsible for any other irrigation system repairs. The Contractor shall report any irrigatlon problems that are the City's responsibility, to the City as soon as noted, particularly any repairs needed for irrigation controllers, or improper coverage that could lead to plant dea1h or site runoff. The Contractor shall manually irrigate an area as needed whlle an Irrigation controller is being repaired. Before fertilization the Contractor shall check each automatic irrigation system for proper operation and adjustment. Non-Po table (recycle d) water trajning. Worker safety training is required for all workers working in identified areas that use non-potable (recycled) water. The training will be provided by the city and scheduled once the reclaimed systems are operable. Water Conservation. All irrigation schedules shall comply with any watering restrictions imposed by the City of San Luis Obispo utilities Department during drought conditions. When the Utilities Depart ment has Imposed watering restrictions, the Contractor shall consult with the City's Contract Manager to determine the best allocation of available water, considering plant species, time of year, location, and other environmental factors. Each month the Contractor shall monitor the effects of manual irrigation. During periods of officially declared water use restrictions, the Contractor shall report each month the amount of water used at each work location. Failure to comply with any mandatory restrictions may result in the contractor being liable for the cost of water used per location. 4.Disease and Pest Control. Protection of Vegetation and the Public. The Contractor shall control and eliminate weeds, insects, rodents, and diseases that harm vegetation. In performing this pest control work, the Contractor shall use only materials and methods that will not harm the vegetation or the public. The City strongly encourages the use of Integrated Pest Management concepts in all parks. Application Plan. The Contractor shall provide a application plan to the City's Contract Manager for approval. This plan shall include the disease or pest to be treated, the type and name of the product proposed to be used and copies of both the product label and Material Safety Data Sheet (MSDS}. Following any pesticide application, the-Contractor shall submit to the City's Contract Manager on the first of the month a copy of all pesticide use reports identifying the type and brand name of the chemical, the date, rate and specific location of application. PesticldeAppllcatlon Licenses and Peanlts. The Contractor and its employees and subcontractors shall have and maintain all required permits and licenses required by the State of California before applying any pesticide. Pesticide Acceptability. Any pesticide used shall be selected from the list approved by the State of California Department of Pesticide Regulations. Restricted materials may only be used with approval from the City and a permit issued by the San Luis Obispo County Agricultural Commis sioner. Rodent Traps. The Contractor shall not use rodent traps without prior written approval from the City's Contract Manager for the location and type of trap to be used. Traps will not be allowed in any area where children could be expected to play. 5. Turf Maintenance. Mowing. The Contractor shall mow all turf areas at the locations and frequencies established for each Service Level. Toe Contractor shall mow turt in a wortmanlike manner that ensures a smooth surtace without scalping or leaving excessive cuttings. All mowing equipment shall be adjusted to the proper cutting -23- Page 227 of 619 Exhibit 'A' City of San Luis Obispo Specification No. 50200-2020-LS heights and sharpened adequately. Mowing height shall be two inches for all turf areas, unless otherwise specified by the City's Contract Manager for special events and other conditions. Immediately before each mowing, the Contractor shall remove all litter and trash from turf areas. Immediately after each mowing, the Contractor shall clean all adjacent walkways. Mechanical Edging . The Contractor shall mechanically edge all turf areas. The Contractor shall edge all turf borders to leave a neat, unifonn line and eliminate all grass Invasion into adjacent areas. The Contractor shall also edge around other obstacles within turf areas to leave a neat, well-trimmed appearance and to allow optimum operation of sprinkler heads. When using string trimmers the Contractor shall take care to protect trees and shrubs from damage. Power edgers with rigid blades shall leave a well-<:lefined v-shaped edge that extends into the soil. Chemical Edging and Detailjng. With approval from the City's Contract Manager the Contractor may apply edging chemicals around areas such as planters, building walls, trees, fence lines, and sprinkler heads. Before applying chemicals, the Contractor shall trim all areas to the proper height. Fertilizing. The Contractor shall f ertllize all turf areas as specified for each Service Level, except at Identified areas that use recycled water, where no fertlli.2.atlon will be required. Application dates shall be approved by the City's Contract Manager. Following application, fertilizer shall be thoroughly watered into the sell within 24 hours. The Contractor shall notify the City's Contract Manager via the submitted monthly schedule a minimum of one week before a fertilizer application. The turf fertilizer shall be a complete fertilizer with a ratio of 4-1-2. The Contractor shall evenly broadcast the fertilizer at a minimum rate of one pound actual available nitrogen per 1,000 square feet of turf area per application. Any fertlllzer landing outside the turf area shall be swept up and removed. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Seed I Sod. Seed or sod replacement for bare areas shall be perennial rye grass or match surrounding turf. Weed Control. The Contractor may apply selective herbicides. The Contractor shall also perfonn any additional weeding necessary to keep the turf free of weeds. This additional weeding may be perfonned by hand or by using selective herbicides. 6.Groundcover Maintenance. Edging. The Contractor shall edge all ground cover areas as specified for each Service Level. The primary purpose for edging the ground cover is to prevent It from growing onto walkways, road ways, hard surfaces, fences, and walls. The Contractor shall not use chemical edging methods without prior approval from the City's Contract Manager. Fertilizing. The Contractor shall fertilize all ground cover areas as specified for each Service Level. Following application, fertilizer shall be thoroughly watered into the soil within 24 hours. The Contractor shall notify the City's Contract Manager via the submitted monthly schedule a minimum of one week before a fertilizer application. The ground cover fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Contractor shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of ground cover area per application. Any fertilizer landing outside the ground cover area shall be swept up and removed. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Weed Control. The Contractor shall maintain groundcover areas in a weed free condition. This weeding may be performed by hand or by using selective herbicides. 7. Shrub Maintenance Pruning. The Contractor shall prune all shrubbery at the locations as specified for each Service Level. The primary purpose for pruning the shrubbery shall be to encourage healthy and attractive growth accord Ing to prescribed industry practices. Such pruning shall encourage the graceful, natural growth of the shrub and shall maintain plant health through removal of dead, diseased, or in jured wood. The secondary purpose for pruning the shrubbery shall be to prevent It from growing onto walkways, road ways, and other hard surfaces. 'vhere the pacified runin frequen y is two times per year, the shrubs shall be pruned in the spring and fall. When required, the Contractor shall remove dead shrubbery. -24- Page 228 of 619 Exhibit 'A' City of San Luis Obispo Specification No. 50200-2020-LS Fertilizing. The Contractor shall f ertllize all shrub areas at the locations as specified for each Service Level.. Where the specified fertilizing frequency is twice a year, the shrubs shall be fertilized in April and September. Where the specified frequency is other than twice a year, the application dates shall be approved by the City's Contract Manager. Immediately following application, fertilizer shall be thoroughly watered Into the soil. The Contractor shall notify the City's Contract Manager one week before a fertilizer application. The shrub fertilizer shall be a complete balanced low release fertilizer with a ratio of 12-12-12. The Contractor shall evenly broadcast the fertilizer at a minimum rate of ten pounds per 1,000 square feet of shrub bed area per application. The Contractor shall submit to the City written documentation of the quantities of fertilizer applied at each specified work location. Weed Control. The Contractor shall maintain all shrub beds in a weed free condition. At a minimum, the contractor shall perfonn weeding at the locations as specified for each Service level. This weeding may be perfonned by hand or by using selective herbicides. When weeding Is completed, the Contractor shall rake the shrub beds clear of all leaves and debris. 8.Tree Maintenance. Pruning. The only purposes for pruning the trees shall be to maintain proper pedestrian clearances and to ramove suckers. The Contractor shall not make structural changes to the trees. Toe Contractor shall report the need for any additional pruning to the City's Contract Manager. Staking. The Contractor shall make minor staking repairs to all trees as required. Minor repairs shall include replacing or repairing ties, and refastening boards and braces. The Contractor shall report the need for more extensive repairs to the City's Contract Manager. 9.Miscellaneous Weed Control. The Contractor shall maintain all fence lines, light standard bases, tree wells, buildings, walls. sidewalks, curbs, gutters, asphalt benns. parking lots, signs structures, and equipment pads etc. in a weed free condition. Al/non-landscaped areas shall be weed free. Herbicides used for weed control must have prior approval from the City's Contract Manager. The contractor shall perform all annual weed abatement in late May or as required by the San Luis Obispo Fire Department. 10.Drinking Fountain Maintenance. The Contractor shall clean, scrub and disinfect all drinking fountains at the locations as specified for each Service Level. 11.Site Inspection and Reporting. Review entire site on each occasion that a site visit is made for any reason. Report any problems, includ Ing irrigation, damage, graffiti or user issues, the same day by email, or phone if immediate repairs are needed. -25- Page 229 of 619 Exhibit 'A' SERVICE LEVELS Level 2: High Level Maintenance associated with well-developed public areas, malls, government grounds. Weekly Walkway and Turf Maintenance: Perform all aspects of walkway and mowing and edging work of turf maintenance once every five working days. Aeration: Complete aeration routinely to maintain vigorous turf but not less then two times per year. Reseeding I sod: Reseed or install sod in bare spots for areas larger than 4 square feet. Fertilizer. Apply adequate fertilizer to ensure all plants are healthy and growing vigorously. Amount depends on species, length of growing season, soils and rainfall. Rates should correspond to at least the lowest recommended rates. Distribution should ensure an even supply of nutrients for the entire year. Trees, shrubs, turf and flowers should receive fertilizer levels to ensure optimum growth. Weed Control: Weed control practiced when weeds represent more than 5% of the turf area. Litter Control: Complete all aspects of Litter Control, at minimum, 3-5 days per week as needed so high use areas are clean. Collect litter in landscaped areas and along any property fences. Tree, Shrub and Gro undcover Majntenance; Complete all aspects of tree, shrub and groundcover maintenance for health, safety, and to maintain a neat, well maintained appearance, and maintain walkway and other clearances. Sculpted hedges or high growth species may dictate a more frequent requirement than most trees and shrubs in natural growth plantings. Disease and Pes t Co ntrol: Disease and pest control shall be performed as needed to prevent loss or disfiguralion of vegetation. Surfaces: All surfaces are to be maintained in a clean condition. Surfaces are walkways, sidewalks, stairs, tops of planters, etc. Page 230 of 619 AMENDMENT TO AGREEMENT NO. 8 – CPI 2024-25 THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on __________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Tennis Landscape, Inc., hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on February 22, 2021, the City entered into an agreement with Contractor for landscaping services, (the “Agreement”); and WHEREAS, the City and Contractor desire to amend the Agreement to adjust pricing for the term of July 1, 2024 to June 30, 2025 to increase pricing based on the Consumer Price Index for the Los Angeles region. The CPI adjustment for the term is 3.9% for the services attached in Exhibit A. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. The Agreement is hereby amended as set forth in Exhibit A. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO __________________________ CONTRACTOR _____________________________________ Contractor Page 231 of 619 AMENDMENTTO AGREEMENT NO. 9 THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on _______________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Tennis Landscape Inc., hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on February 22, 2021, the City entered into an agreement with Contractor for Landscape Services, and WHEREAS, the City and Contractor desire to amend the contract as set for in Exhibit A. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. The agreement is amended to include the services set forth in Exhibit A. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO City Manager CONTRACTOR Contractor Page 232 of 619 EXIBIT 'A' Landscape Maintenance at Broad St. Medians Contractor to Provide Landscape Maintenance services at 2 small medians on Broad St. by Damon Garcia Sports Park: 1. Eradicate Weeds 2. Pick up trash and debris in medians 3. Eradicate gophers 4. Trim Shrubs and grasses. 5. Monitor irrigation and make necessary repairs. Note: irrigation valve is tied to the Damon Garcia Sports Park controller. 6. Clean curb & gutters. 7. Adjust and re-stake trees in medians as necessary. Total $140.00 per month Page 233 of 619 TENNIS LANDSCAPE CORP 1155 REFUGIO ST. GROVER BEACH, CA. 93433 PROPOSAL FOR CityofSLO Accts Payable Department 990 Palm Street San Luis Obispo, CA 93401 TERMS DESCRIPTION THIS PROPOSAL IS FOR THE PROPERTY ON BROAD STREET SAN LUIS OBISPO Provide by weekly maintenance at 2 islands on broad street locate at Damon Garcia For amount .$140. 00 per month CONT ACT NAME:JESUS SARABIA, SUPERVISOR PHONE NUMBER:805 431-7047 PROPOSAL DATE PROPOSA ... 9/9/2024 911239 DUE DATE PROJECT 9/9/2024 TOTAL 140.00 TOTAL $140.00 Page 234 of 619