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HomeMy WebLinkAbout03-05-2024 Park Maintenance and Outdoor Dining Agreement with SLO Martin Properties, LLC (2163 Santa Barbara)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SLO Martin Properties, LLC Attn: Tai Martin P.O. Box 2359 Avila Beach, CA 93424 2024006258 Elaina Cano San Luis Obispo -County Clerk-Recorder , 03/11/2024 10:44 AM Recorded at th& request of: PUBLIC Titles: 1 Pages: 32 Fees: $0.00 Taxes: $0.00 Tot.al: $0.00 (Space Above For Recorder's Use) AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SLO MARTIN PROPERTIES, LLC FOR PARK MAINTENANCE AND OUTDOOR DINING This Agreement made and entered into on March ..A_, 2024 ("Effective Date") by and between the CITY of San Luis of San Luis Obispo (hereinafter, "CITY)" and SLO Martin Properties, LLC, (hereinafter, "CONTRACTOR" (collectively referred to as the "Parties".) RECITALS WHEREAS, the CITY owns a parcel at 2163 Santa Barbara Street, San Luis Obispo, California, that serves as a gateway to the community, legally described in Exhibit A-1 * ~ attached hereto and incorporated herein by reference (hereinafter referred to as "City Owned Park Space"); and WHEREAS, CONTRACTOR owns a parcel at 2138 Broad Street, San Luis Obispo, California, (hereinafter referred to as the "Contractor Property"), legaUy described in Exhibit A- l; and WHEREAS, CONTRACTOR has an outdoor patio area in which a portion was built on the CITY-owned park space adjacent to CONTRACTOR's property at 2138 Broad Street, and WHEREAS, CONTRACTOR' s predecessor in interest, Village Host Pizza & Grill, and CITY had a previous agreement to maintain the City Owned Park Space, that expired on February 9,2020,and WHEREAS, CONTRACTOR's predecessor in interest previously improved and maintained the CITY-owned park space adjacent to CONTRACTOR's property at 2138 Broad Street, via a property use agreement, which agreement provided for Village Host's use of the outdoor dining area in consideration of Village Host's perfonnance of tenns and provisions in that Agreement; and WHEREAS, CONTRACTOR's business benefits from the outdoor patio space and public art piece located in the CITY -owned park space. NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth, CITY and CONTRACTOR mutually agree, and covenant as follows: 1 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. • CONTRACTOR By:~~~~ SLO Martin Properties, LLC ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFOR,NIA ) COUNTY OF t)lln Wi? Q~isptJ ) -/ • On M{).W\ \t I Jd>i';t,. , before me~~~'Ji l I~~ , Notary Public, personally appeared • f.. ( ~ ( V\ who proved to me on the basis of satisfactory evidence to be the person whose name'81'is/at6' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitypes ), and that by his/per/~ir signatureW' on the instrument the perso~, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Official Notary Seal) J DESTINEY VILLEGAS N Commission # 2399495 c:: ~ Notary Public -California ~ f San Luis Obispo County N ~. Y Comm. Expires APR. 3, 2026 f 8 EXHIBIT A-1 LEGAL DESCRIPTION OF CITY-OWNED PARCEL 1 2 3 4 EXHIBIT A-2 LEGAL DESCRIPTION OF CONTRACTOR-OWNED PARCEL 1 2 1 3 LANDSCAPE PLAN FOR CITY PARK @ SANTA BARBARA AND BROAD ST., SAN LUIS OBISPO,CALIFORNIA. PLANT DETAILS No.of Plants No.Common Name Scientific Name Picture Size (Gal.) Dietes bicolor 'Moraea b.'Fortnight Lily 1-2 191- -. America ps. 'dreameria'Daydream 1 162 Sunset Gold Coleonema pul.2-5 033 Salvia microphylla x 'greggi'Brilliance 1-2 044 Blue Flare Agapanthus praecox5 1 12 Blue Flame Agave 'Blue Flame'6 2-7 05 Lantana montevidensisPurpleTrailing7 1 06 EXHIBIT B 1 Pinkie Rhaphiolepis indica8 Cousin Itt Acacia cognata9 Machaerina rubiginosa 'Variegata' Striped Rush10 .Huntington i Carpet Rosmarinus officinalis11 Lomandra longifolia12ArcticFrost Japanese Boxwood Microphylla japonica13 2 3 EXHIBIT C SCOPE OF WORK DETAILED DESCRIPTION OF WORK 1. Litter Control Ground Litter: The Contractor shall pick up litter as encouraged 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 posters, flyers, signs, and advertisements including staples, tacks, nails, and tape that are attached to trees, poles, and any other structures. Disposal of Gathered Litter 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 Litter 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 a.m. and 10:00 a.m. In residential areas blow packs may be used between 8:00 a.m. and 5:00 p.m. All litter swept with a blow pack shall be picked up and removed from the site. Blow packs used on the premises are required to be electric or battery-operated. Because of inherent noise and dust problems, the Contractor shall display courtesy and consideration towards citizens and business whenever a blow pack is used and shut down or direct blowing away from pedestrians. Washing: Washing walkways shall not be permitted unless specifically authorized by the City’s Contract Manager and undertaken with proper controls to prevent pollution of stormwater. Pruning: In addition to the specified schedule pruning, the Contractor shall prune trees, shrubs, and groundcovers whenever necessary to keep walkways clear and to maintain pedestrian safety. Equipment 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 endure 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 form 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 normally take place during night or early 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 for the cost of water used, per location, during rainy periods. If plant material dies due to inadequate water or overwatering, the Contractor shall replace all dead plant material within 3 weeks of written notification, at no cost to the City. 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 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 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 first of every month during the irrigation season. The Contractor shall report any irrigation 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 death or site runoff. The Contractor shall manually irrigate an area as needed while an irrigation controller is being repaired. Before fertilization, the Contractor shall check each automatic irrigation system for proper operation and adjustment. Non-Potable (Recycled) Water Training: 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 Department has imposed watering and 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 th is pest control work, the Contractor should 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 an application plan to the City's Contract Manager for approval. This plan shall include the disease or pests 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. Pesticide Application Licenses and Permits: 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 Accessibility: 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 Commissioner. 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. Groundcover Maintenance Edging: The Contractor shall edge all groundcover areas as specified for each Service Level. The primary purpose for edging the groundcover is to prevent it from growing onto walkways, roadways, 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 groundcover 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 10 pounds per 1,000 square feet of ground cover area per application. Any fertilizer landing outside of the groundcover 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. 6. 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 according 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 injured wood. The secondary purpose for pruning the shrubbery shall be to prevent it from growing onto walkways, roadways, and other hard surfaces. Where the specified pruning frequency is two times per year, the shrub shall be pruned in the spring and fall. When required , the Contractor shall remove dead shrubbery. Fertilizing: The Contractor shall fertilize all shrub areas at the locations as specified for each Service Level. Where this specified fertilizing frequency is twice a year, the shrubs shall be fertilized in April and September. Where the specialized 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 balance 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 perform weeding at the locations as specified for each Service level. This weeding may be performed by hand or by using selective herbicides. When weeding is completed, the Contractor shall rake the shrub beds clear of all leaves and debris. 7. Tree Maintenance Pruning: The only purposes for pruning the trees shall be to maintain proper pedestrian clearances and to remove suckers. The Contractor shall not make structural changes to the trees. The 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. 8. Miscellaneous Weed Control The Contractor shall maintain all fence lines, light standard bases, tree wells, buildings, walls, sidewalks, curbs, gutters, asphalt berms, parking lots, signs structures, and equipment pads etc. in a weed free condition. All 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. 9. Site Inspection and Reporting: Review entire site on each occasion that a site visit is made for any reason. Correct any problems, including irrigation, damage, graffiti or other issues, the same day. SERVICE LEVELS: Level 3- Moderate level maintenance associated with locations that have moderate to low levels of development or visitation. Every two weeks. Walkway and Turf Maintenance: Perform all aspects of Walkway Maintenance and mowing, edging, and weed control work of Turf Maintenance every ten working days. Aeration: Complete aeration when turf vigor is low and prior to fertilization. Reseeding/sod: Reseed or install sod in bare spots for areas larger than 25 square feet. Fertilizer: Apply fertilizer when turf vigor is low; at a minimum, complete a low level application once per year. Litter Control: Complete all aspects of Litter Control, at a minimum, once every ten working days. High use may dictate higher levels during the warm season. Tree, Shrub, and Groundcover Maintenance: Complete all aspects of tree, shrub and groundcover maintenance. Complete all aspects of tree, shrub and groundcover maintenance when required for health, safety, walkway clearance or reasonable appearance. Usually twice per year, but some species or locations may need pruning more frequently. Disease and Pest Control: Disease and Pest Control shall be performed as needed to prevent loss of vegetation. Surfaces: Clean surface once every ten working days. Exhibit D INSURANCE REQUIREMENTS Without limiting Contractor’s indemnification of City, and prior to commencement of Lease, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. Property insurance. Upon commencement of construction of Contractor improvements and betterments, or installation of equipment, with approval of City, Contractor shall obtain and maintain insurance on Contractor’s improvements and betterments. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Commercial property insurance (if applicable) Covering the leased premises, fixtures, equipment, building, all property situated in, on, or constituting a part of the premises and any improvements. Coverage shall be at least as broad as the Insurance Services Offices broad causes of loss form CP 10 20 and approved of in writing by City. Coverage shall be sufficient to insure 100% of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, 100% rents coverage, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. City shall be included as an insured and as loss payee on any such insurance. City shall not be liable for any business income or other consequential loss sustained by Contractor. City shall not be liable for any loss of Contractor’s personal property even if such loss is caused by negligence of City, City’s employees, or agents. Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with 1 Exhibit D City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees, or subconsultants. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyhold ers’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given 2 Exhibit D coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass-through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and 3 Exhibit D others engaged in the project, will be submitted to City for review. City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection. Contractor’s personal property, fixtures, equipment, inventory, and vehicles are not insured by City against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage, as well as endorsements effecting general liability coverage.. All endorsements are to be received and approved by the City before work commences. 4 1 EXHIBIT E State Water Resources Control Board’s Emergency Regulation OAL 2023-0526-01 2 3 4 5