FIRST AMENDMENT TO SERVICES AGREEMENT
this Lay or TAMEN 2S, by and Between Ae in de are red into California Charter Municipal Corporation ("City"), and Green Horizon, Inc., a California Corporation, ("Contractor").
WHEREAS, City desires to engage Contractor to render landscape maintenance services; and,
WHEREAS, City and Contractor have previously entered into a Services Agreement ("Agreement"') dated May 6, 2024; and,
WHEREAS, City and Contractor desire to amend said Agreement to add landscape maintenance services for Community Park 42 (CP-42).
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
All references to Exhibit A and Exhibit B shall be changed to the updated Exhibit A and Exhibit B, attached hereto.
2. Section 23, "ADDITIONAL COMPENSATION," is hereby added to the Agreement to read as follows:
City shall pay Contractor the not to exceed additional
sum of total of Nineteen Thousand Six Hundred Eighty
Dollars ($19,680) annually in accordance with the
service rates set forth in Exhibit B, for a total contract not to exceed amount of Three Hundred Thirty-Three
Thousand Eight Hundred Forty Dollars ($333,840)
annually.
3. Except as herein amended, the Agreement dated May 6, 2024, shall remain in full force and effect.
/ / /
/ / /
X: \Agreements\Public Works\2025\1st Amendment - Green Horizon docx 1 IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
Sut sach
BY:
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
1 Gonell 5-30-2025
Date
799
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
Verified by Finance Officept -+==
Funds available. NIC 6/18/25
10006010-511013 F2 6/23/25
$ 300,720.00
45046010-511013
$ 33,120,00
X: \Agreements\Public Works\2025\1st Amendment - Green Horizon.docx 2 Docusign Envelope ID: 85488C6A-1EF8-420A-8B56-FC940FE14EE7
CONSULTANT
GREEN HORIZON, INC.,
A California Corporation
ocuSigned b
BY:
ABE944F
Signature
Joseph Mattos
(Typed Name)
Its: president / owner
(Title)
BY:
(Signature)
(Typed Name)
Its:_
(Title)
Taxpayer I.D. No. 20-4013433
ADDRESS: 2930 Geer Rd. Ste 206
Turlock, CA 95382
TELEPHONE: 209 669-1734
FAX:
E-MAIL:[email protected]
X: \Agreements\Public Works\2025\1st Amendment - Green Horizon.docx 3 EXHIBIT A
Landscape Maintenance Services- Mowing and Edging
Scope of Service
•
The contractor shall provide Landscape Maintenance-Mowing and edging of approximately 191 acres of parks and street center-medians within the City of Merced (see attachment).
• The contractor shall be responsible for the satisfactory and complete execution of the work in accordance with the true intent of the specifications. The contractor shall provide, without extra charge, all incidental items required as part of the work even though not particularly specified or indicated.
• The Scope of Service is to be used as a general guide and is not intended to be a complete list of all services necessary to complete the project. • The contractor shall be liable for all damages done as a result of mower/edger or related operations to fixed objects such as sprinklers, backflows, signs, posts and all vegetation, including turf, trees, shrubs, and desirable natural growth. Damages shall include among other things: skinning, scraping, or gouging of trees or shrubs, and rutting, scalping or tearing of turf.
• The contractor shall furnish all transportation, equipment and necessary supplies including but not restricted to: mowers, edgers, and blowers. • The contractor shall furnish, operate, and maintain, suitable and adequate equipment necessary to perform all tasks described in scope of service. • The equipment furnished by the contractor must be in good repair and shall be maintained so as to produce a clean, sharp cut to the grass at all times. • Equipment which in any way pulls or rips grass or damages the turf shall not be allowed to operate under this contract. All equipment will be of such a type so that the height of cut can be adjusted to a minimum 2" and maximum of 4". • The contractor shall have enough equipment and personnel to complete each mowing and edging cycle at each site contracted for.
• Mowing cycles shall be completed weekly through the months of March through October, and as necessary when conditions permit in November through February.
Sports fields at McNamara Park, Nannini Sports Complex, Joe Herb Park, and CP-42 shall be mowed weekly during November through February as conditions permit.
EXHIBIT A
• Grass shall not be allowed to reach a height of five (5) inches or more and shall be mowed to the minimum height of two (2) inches. All elements of the lawn maintenance cycle shall be completed the same day they are started. • No partial mowing will be allowed unless the weather forces a delay. If rain or excessively wet turf conditions exist, contractor shall finish the cycle as soon as favorable conditions exist. Clippings shall be removed if visible after mowing and removed at the contractor's expense.
• No clippings shall be disposed of in or on City property unless a prior agreement has been made. Crews shall not blow debris into street/curb or storm drains. Contractor must follow all current Federal, State and Local Best Management Practices. • Contractor shall edge along all walks and curb areas every mowing. Edging shall not be wider than ½ inch from edge of sidewalks to lawn surface. All edging debris shall be removed from walkways and curb areas and disposed of at contractor's expense. • No mowing or edging shall be done on weekends, unless approval is obtained by Contract Administrator.
• The contractor shall perform no additional work/service, unless approved in advance by the Public Works Director or designee stating the dollar value of the services, method of payment, and any adjustment in contract time. Any work done without the permission of the City is a gift from the contractor.
• Contractor must notify City of all irrigation issues within 24 hours, i.e. broken sprinklers, overwatering/flooded areas hindering completion of the mow cycle. • The completed work will be paid for as service rendered monthly. If service has not been performed in accordance with the agreement liquidated damage will be assessed. •
EXHIBIT A
Landscape Maintenance Services - Applegate Peg McDonald Rose Garden- Scope of Service
The contractor shall provide weekly services to maintain the area referred to as the Applegate Peg McDonald Rose Garden, including:
Shrub pruning, rose bush dead heading, rose bush trimming, small tree trimming, and low branch tree trimming;
• Blowing off concrete walk areas;
• Weed eating and spraying herbicide onto weeds in planter areas and concrete joints; • Irrigation management, irrigation check-up, and minor drip repairs; • Removal of small landscape related debris and trash debris off site, including disposal fees.
PRUNING-GENERAL
All shrubs and trees shall be pruned as required to maintain them in a healthy growing condition.
Pruning is to be done in a manner which promotes the plants' natural growth characteristics. Hedging, shearing, or other sever pruning will not be allowed except with prior approval.
Growth shall be kept within reasonable bounds to prevent its encroachment into walks, passageways, and streets.
All dead, dying, or damaged branches shall be removed immediately. All cuts shall be made cleanly with no stubs or projections remaining.
Trees-General
The contractor shall be responsible for all pruning that can be reached with a 12-foot pole-saw by a person standing on the ground. All trees are to be maintained in their natural shape.
Newly planted trees are to be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species. Until young trees are strong enough to stand alone, they shall be flex-tied between two approved 2-inch by 2-inch by 8-foot treated tree stakes. Split plastic hose or black tire casing held in place by 12-gauge wire shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.
The contractor shall bring to the attention of the Director of Public Works or his designee within 24 hours of any tree which shows signs of root heaving, leaning, having hanger limbs, or in some manner constituting a safety hazard.
EXHIBIT A
IRRIGATION- GENERAL
Irrigation shall be done with the use of automatic or manual sprinkler systems where available and operable.
Failure of an existing system to provide full and adequate coverage shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc., necessary to accomplish full coverage shall be the contractor's responsibility.
A. Maintenance
The contractor shall maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments necessary to prevent excessive run-off time into streets or other areas not intended to be irrigated. Care shall be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.
The contractor shall, at no cost to the City, keep controller or valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise or lower the following sprinkler system components as it relates to maintenance of the landscape areas:
1. Sprinkler heads;
2. Sprinkler caps;
3. Sprinkler head risers;
4. Valve covers;
5. Valve boxes;
6. Valve box lids, including electrical pull boxes and lids;
7. Valve sleeves;
8. Quick coupler valves and caps;
9. Hose bibs.
B. Inspection
The contractor shall, at least once a week, inspect all areas covered by an automatic irrigation system for any malfunction. Approximately thirty (30) days prior to the termination of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative.
Any repairs deemed the contractor's responsibility shall be made by the contractor prior to the end of the contract period.
If repairs made are not to the satisfaction of the Director of Public Works or his designee's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Director of Public Works Operations or his designee.
EXHIBIT A
Repairs
Irrigation systems which are damaged or altered in any way as a result of work performed under this contract shall be repaired or replaced in kind and in an approved manner by the contractor.
Repairs shall be made immediately after damage or alteration occurs, unless otherwise directed. Repairs made as a result of theft, vandalism or an act of God shall be performed by the City.
Winterization - Contractor shall winterize all exposed piping and back flow prevention devices to prevent freeze damage. All damage to back flow devices caused by freezing will be the contractor responsibility to repair or replace.
Repairs not made, or not made to the satisfaction of the Director of Public Works or his designee, the work will be done by others and billed to the contractor.
EXHIBIT A
LANDSCAPE MAINTENANCE LOCATIONS
MOW TOTAL
PARK NAME ACREAGE ACREAGE ADDRESS
Ada Givens Park 4.95 4.99 2904 Green Street
Albert Lawson Park 3.25 3.25 204 W. 28th Street
Applegate Park 20.67 32.12 1045 W. 25th Street
Benjamin Banneker Memorial Park 0.96 0.96 1311 2nd Street Black Rascal Creek Bikeway Park "R" to Hwy
59 2.89 13.69 Black Rascal Creek
Black Rascal Creek Bikeway Park G to
Cherokee 3.99 7.10 Black Rascal Creek
Black Rascal Creek Bikeway Park M to R 4.62 7.10 Black Rascal Creek Black Rascal Creek Bikeway Park Parsons to
McKee 1.28 7.34 Black Rascal Creek
Bob Carpenter Park 5.53 5.98 1801 Silverado Avenue
Bob Hart Square 0.18 0.41 500 Block of Main Street
Bruce Gabriault (Hansen) Park 0.19 0.21 1352 Hansen Ave Burbank Park 2.99 3.79 450 E. Olive Avenue
Carol Gabriault Park 5.00 5.75 1601 Willowbrook Drive
Charles Richard Drew Park 0.38 0.51 820 "N" Street
Staff Sergeant Frank Joseph Gasper Park 0.23 0.25 499 E. 23rd Street Davenport Park 7.06 8.84 1311 Cormorant Drive
Dennis Chavez Memorial Park 0.39 0.54 1120 "W" Street
Diego Rivera Park 0.23 0.25 940 "P" Street
Dwight Amey Park 6.84 8.17 3389 Blix Avenue
Elmer Murchie Park 3.55 3.55 4495 Bancroft Drive
"R" & Buena Vista to end
Fahren's Park 15.75 47.62 of Frisbee Park
Frederick Douglas Park 0.87 0.89 1528 W. 8th Street
Gilbert Macias Park 4.91 4.91 229 E. Childs Avenue
Harriet Tubman Park 0.33 0.44 706 W. 4th Street
Joe Herb Park 14.59 26.60 2200 Yosemite Parkway
Lincoln Ave Park Strip 0.70 0.70 3101 Lincoln Avenue
Love Veasley Family Park 0.15 0.17 452 W. 6th Street
Macready Park 3.10 3.10 3 Macready Drive
McNamara Park 5.31 8.70 1040 Canal Street
1125 W. Yosemite
Merced Dog Park 2.88 9.41 Avenue
Neighborhood Park E. 12th 0.34 0.39 67 E. 12th Street
Neighborhood Park West & U 0.15 0.15 305 "U" Street
Little Angels Park 0.14 0.17 121 W. 11th Street
EXHIBIT A
Public Works Corporation Yard 0.77 0.77 1776 Grogan Avenue Rahilly Park 13.75 28.02 3400 Parsons Avenue
Ray Flanagan Park 3.00 3.95 440 Cone Avenue
Richard Bernasconi Park 2.56 11.15
3791 Jardin Way
Roland Brooks Park 3.58 4.21
495 S. "G" Street
Rudolph Joseph Merino Park 7.49 8.69
1275 Pacific Drive
Between "R" & "M"
Santa Fe Strip Park 9.08 9.08 Donna to Yosemite
1755 W.N. Bear Creek
Stephen Gray Park 0.70 1.01 Ave
Stephen Leonard Park 2.12 2.70 650 "T" Street
"N" Street between 16th
Street Median Park Strip "N" Street 0.50 0.50 and 23rd Street Street Park Rambler/Pat Nolet Park Island 0.12 0.12 1013 Rambler Road Wardrobe & West
Stuart Park/Industrial sign 0.17 0.17 Avenue
William Lloyd Garrison Park 0.86 1.02 76 South "S" Street Nannini Youth Sports Complex 9.72 12.34 1803 Wardrobe Avenue Applegate Rose Garden N/A N/A 1045 W. 25th Street
Childs & B Street Mini Park .04 .19 597 E. Childs Avenue CP-42 12.01 39.29
Tyler & Mission
ANNUAL
PARK NAME: AMOUNT ACCOUNT NUMBER
Ada Givens Park $6,120.00 10006010-511013
Albert Lawson Park $3,960.00 10006010-511013
Applegate Park $30,240.00 10006010-511013
Benjamin Banneker Memorial Park $3,000.00 10006010-511013 Black Rascal Creek Bikeway park "R" to Hwy 59 $5,160.00 10006010-511013 Black Rascal Creek Bikeway Park G to Cherokee $7,080.00 10006010-511013 Black Rascal Creek Bikeway Park M to R $8,160.00 10006010-511013 Black Rascal Creek Bikeway Park Parsons to McKee $2,280.00 10006010-511013 Bob Carpenter Park $8,880.00 10006010-511013
Bob Hart Square $1,800.00 10006010-511013
Hansen Park $2,040.00 10006010-511013
Burbank Park $3,840.00 10006010-511013
Carol Gabriault Park $6,120.00 10006010-511013
Charles Richard Drew Park $2,040.00 10006010-511013
Staff Sergeant Frank Joseph Gasper Park $2,280.00 10006010-511013 Davenport Park $11,520.00 10006010-511013
Dennis Chavez Memorial Park $1,320.00 10006010-511013
Diego Rivera Park $1,560.00 10006010-511013
Dwight Amey Park $11,280.00 45046010-511013
Elmer Murchie Park $4,560.00 45046010-511013
Fahrens Park $22,800.00 10006010-511013
Frederick Douglas Park $2,880.00 10006010-511013
Gilbert Macias Park $5,760.00 10006010-511013
Harriet Tubman Park $1,800.00 10006010-511013
Joe Herb Park $23,760.00 10006010-511013
Lincoln Ave Park Strip $2,040.00 10006010-511013
Love Veasley Family Park $1,560.00 10006010-511013
Macready Park $3,840.00 10006010-511013
McNamara Park $9,720.00 10006010-511013
Merced Dog Park $4,560.00 10006010-511013
Neighborhood Park E. 12th $1,800.00 10006010-511013
Neighborhood Park West & U $1,560.00 10006010-511013
Little Angels Park $1,320.00 10006010-511013
Public Works Corporation Yard $3,120.00 10006010-511013 Rahilly Park $20,880.00 10006010-511013
Ray Flanagan Park $4,080.00 10006010-511013
Richard Bernasconi Park $3,840.00 45046010-511013
Roland Brooks Park $4,320.00 10006010-511013
Rudolph Joseph Merino Park $13,440.00 45046010-511013
Sante Fe Strip Park $18,360.00 10006010-511013
Stephen Gray Park $3,120.00 10006010-511013
Stephen Leonard Park $3,600.00 10006010-511013
Street Median Park Strip "N" Street $2,640.00 10006010-511013 Street Park Rambler/Pat Nolet Park Island $1,320.00 10006010-511013 Stuart Park/Industrial sign $1,800.00 10006010-511013
William Lloyd Garrison Park $2,400.00 10006010-511013
Youth Sports Complex $16,560.00 10006010-511013
Applegate Rose Garden $5,760.00 10006010-511013
Childs & B Street Mini Park $2,280.00 10006010-511013
CP-42 $19,680.00 10006010-511013
GRAND TOTAL: $333,840.00
EXHIBIT B
D docusign
Certificate Of Completion
Envelope Id: 85488C6A-1EF8-420A-8B56-FC940FE14EE7 Status: Completed Subject: Complete with Docusign: City of Merced - Green Horizon Contract 1st Amendment Tyler Contract Number:
Source Envelope:
Document Pages: 11 Signatures: 1 Envelope Originator:
Certificate Pages: 4 Initials: 0 Jasmine Ooka
AutoNav: Enabled 678W 18th Street
Envelopeld Stamping: Enabled Merced, CA 95340
Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email protected] IP Address: 170.85.154.90
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Status: Original Holder: Jasmine Ooka Location: DocuSign 6/13/2025 9:38:46 AM [email protected]
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Joseph Mattos JocuSigned by Sent: 6/13/2025 9:45:54 AM
[email protected] Viewed: 6/15/2025 8:15:18 AM
- 57466283ABE344F...
president / owner Signed: 6/16/2025 3:55:54 PM
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Electronic Record and Signature Disclosure created on: 8/5/2022 8:11:21 AM Parties agreed to: Joseph Mattos
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Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Blanket as required by written contract and effective Primary Insurance applies: It is agreed that such during the policy period as stated on the policy insurance as is afforded by this policy for the declarations. benefit of the additional insured shown shall be primary insurance, and any other insurance
maintained by the additional insured(s) shall be
excess and noncontributory as respects any
claim, loss or liability allegedly arising out of the
operations of the named insured or its
subcontractors, provided however that this
insurance will not apply to any claim loss or
liability which is determined to be solely the result
of the additional insured's negligence or solely
the additional insured's responsibility.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organizations) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured.
1. Your acts or omissions; or
*. With real i to the sura to anting to thonal
2. The acts or omissions of those acting on your
behalf; exclusions apply:
in the performance of your ongoing operations for This insurance does not apply to "bodily injury" or the additional insured(s) at the locations) "property damage" occurring after:
designated above. 1. All work, including materials, parts or However: equipment furnished in connection with such
1. The insurance afforded to such additional vork, on the project (other than service naintenance or repairs) to be performed by o
insured only applies to the extent permitted by on behalf of the additional insured(s) at the law; and location of the covered operations has been
completed; or
CG 20 10 12 19 (BIkt) © Insurance Services Office, Inc., 2018 Page 1 of 2
2. That portion of "your work" out of which the 2. Available under the applicable limits injury or damage arises has been put to its insurance;
intended use by any person or organization
other than another contractor or subcontractor whichever is less. engaged in performing operations for a This endorsement shall not increase the principal as a part of the same project. applicable limits of insurance.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
POLICY NUMBER: 70K101041 03 00 CA COMMERCIAL AUTO
GO CA AI 2003 (07 20) (Bikt)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement effective
GuideOne Insurance Company
Named Insured Countersigned by
Green Horizon, Inc.
(Authorized Representative)
WHO IS AN INSURED (under Section II - Liability Coverage, A.1) is amended to include as an "insured" the person or organization shown in the Schedule with respect to the operation, maintenance, or use of a covered "auto" you own if:
1) You are obligated to add that person or organization, as an additional insured to this policy by:
a. an expressed provision of an "insured contract", or written agreement; or an expressed condition of a written permit issued to you by a governmental or public authority; and 2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after:
a. You executed the "insured contract" or written agreement; or b. The permit has been issued to you.
SCHEDULE
Name Address
Blanket as required by an expressed provision of an "insured contract", or written agreement; or ar expressed condition of a written permit issued to you by a governmental or public authority anc effective during the policy period as stated on the policy declarations.
GO CA AI 2003 (07 20) (BIkt) Page 1 of 1