Agenda packet — Safety and Communities Committee, September 12, 2022 (part 2 of 2)

On May 4, 2021, by Resolution 2021-172, Council approved the Second Amendment increasing the agreement amount with Grover Landscape Services, Inc., Modesto, CA, for landscape services by $3,457,775 from $9,584,472, to a new total amount of $13,042,247, and extending the term of the agreement for one year from October 24, 2021, to October 24, 2022.

DISCUSSION:

The City is in its one-year extension of the current agreement with Grover Landscape Services.

This extension was to provide enough time to develop and issue a Request for Proposals for Landscape Maintenance Services for the City and execute a new agreement. During this period, the consumer price index has drastically increased to 8.5% over the last 12 months.

Staff discussed their concerns regarding the dramatic increase of the costs of goods and services and the potential impact on a new agreement. For example, a recent City of Modesto Request for Bids for Discing and Mowing Services resulted in an agreement totaling $756,675 for five years. In comparison, the 2015 agreement for these services totaled $210,000 for five years: a 260% increase. Staff also researched contracts for nearby municipalities and found that the City of Riverbank also recently bid its landscaping services, and their lowest bid was 48% higher than their 2016 Agreement. While it is likely that an RFP will result in significantly higher costs, staff requests a 6-month extension to finish researching the impact of inflation on related RFP’s issued by the City and other surrounding jurisdictions. Therefore, staff is requesting a 6-month extension is needed through April 24, 2023.

In negotiations with the vendor, a 19% increase for this extension of the agreement was agreed upon; this was well below the 26% increase that the Western Urban Consumer Price Index (Western CPI) experienced since 2016 when the agreement began.

Pursuant to Municipal Code section 8-3.204(d), the City is not required to use the normal bidding procedures when the Purchasing Manager determines that a different process will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. The proposed temporary extension will allow the City to maintain service levels, with a modest price increase, while staff researches the impact of inflation on a possible RFP for a long-term agreement to ensure that the City is able to obtain the best price possible.

FISCAL IMPACT:

Staff recommends an increase of $1,336,868 to the Agreement with Grover Landscape Services for this six-month extension while staff continue to research the fiscal impacts with issuing a new RFP. The table below breaks down the cost by department. If approved, each department will absorb their corresponding increases in their budget. #7..
- 282 -
Safety & Communities Committee, September 12, 2022
Third Amendment to Agreement with Grover Landscape Services, Inc.

Page 3 of 3 ends

DEPT Mo. Services Extra Services Total Monthly
Parks, Recreation & Neighborhoods 119,391 5,351 124,743 Modesto Police Department 306 27 333
Community & Economic Development 72,138 10,417 82,555
Public Works 1,647 210 1,856
Tuolumne River Regional Park 9,095 1,729 10,823
Other Depts./Projects - 1,668 1,668
TOTAL Monthly 202,577 19,401 221,978
GRAND TOTAL for 6 mo. 1,215,462 116,406 1,331,868

MONTHLY
Approved by:

Laurie A. Smith, Director of Parks, Recreation &
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Grover Landscape Services – Exhibit D

2. Grover Landscape Services – Third Amendment

3. Grover Landscape Services – Second Amendment

4. Grover Landscape Services – First Amendment

5. Grover Landscape Services #108650
#7..
- 283 -
EXHBIT D - 3RD AMENDMENT - SITE LIST FOR GROVER LANDSCAPING AGREEMENT #108650 FUND SITE NO. NAME Planters Sq Ft Turf Sq Ft Acreage 3rd Amendment Monthly Cost Annual CostGeneral Fund (0100) P-001 Alberta Martone Tot-Lot 0.50 $309.27 $3,711.24General Fund (0100) P-002 Aqueduct 5.14 $1,136.60 $13,639.20General Fund (0100) P-003 Ashby 0.76 $276.42 $3,317.04General Fund (0100) P-004 Beardbrook - - -General Fund (0100) P-005 Beyer 20.00 $4,287.42 $51,449.04General Fund (0100) P-006 Brookway 0.70 $254.60 $3,055.20General Fund (0100) P-007 Chabot Court 0.10 $61.85 $742.20General Fund (0100) P-008 Chavez 6.03 $1,226.84 $14,722.08General Fund (0100) P-009 Chrysler 99 6.13 $1,355.51 $16,266.12General Fund (0100) P-010 Chrysler 6.64 $1,468.29 $17,619.48General Fund (0100) P-011 Coleman F. Brown 5.23 $1,209.50 $14,514.00General Fund (0100) P-012 Creekwood 5.00 $1,219.36 $14,632.32General Fund (0100) P-013 Davis 17.50 $3,367.62 $40,411.44General Fund (0100) P-014 Downey & Annex 21.00 $4,508.89 $54,106.68General Fund (0100) P-015 E. La Loma 16.20 $3,455.84 $41,470.08General Fund (0100) P-016 Eisenhut 5.37 $1,187.46 $14,249.52General Fund (0100) P-017 Elk 1.15 $251.88 $3,022.56General Fund (0100) P-018 Everett 4.57 $1,010.56 $12,126.72General Fund (0100) P-019 Fairway Soccer 7.22 $1,468.95 $17,627.40General Fund (0100) P-020 Floyd #2 (Brewer Rose) 9.16 $2,349.37 $28,192.44General Fund (0100) P-021 Garrison 6.21 $1,195.02 $14,340.24General Fund (0100) P-022 Gateway Village (City Gate) 1.20 $436.47 $5,237.64General Fund (0100) P-023 Graceada 8.96 $1,962.47 $23,549.64General Fund (0100) P-024 Grogan Community (Soccer) 39.00 $5,562.84 $66,754.08General Fund (0100) P-025 Hetch-Hetchy Bike Path 33.00 $843.41 $10,120.92General Fund (0100) P-026 John Muir 2.94 $1,069.34 $12,832.08General Fund (0100) P-027 Kewin 8.80 $1,877.24 $22,526.88General Fund (0100) P-028 Lakewood 4.98 $1,057.47 $12,689.64General Fund (0100) P-029 Mark Twain 7.58 $1,809.33 $21,711.96General Fund (0100) P-030 McKinney Colony 5.30 $1,160.84 $13,930.08General Fund (0100) P-031 Mellis 9.21 $1,873.83 $22,485.96General Fund (0100) P-032 MID Lateral #2 1.78 $434.09 $5,209.08General Fund (0100) P-033 Mildred Perkins 6.12 $1,340.43 $16,085.16General Fund (0100) P-034 Monterosso 0.38 $400.80 $4,809.60

PARKS, RIGHT-OF-WAYS, AND STREETSCAPES SITES
Grover #108650, Amended Site List P.1 of 8
#7..
- 284 -
General Fund (0100) P-035 Moran 2.77 $590.90 $7,090.80
General Fund (0100) P-036 Muncy 3.40 $751.83 $9,021.96General Fund (0100) P-037 Orchard 11.00 $2,361.80 $28,341.60General Fund (0100) P-038 George Rogers 3.27 $697.57 $8,370.84General Fund (0100) P-039 Patricia Lane 0.27 $167.01 $2,004.12General Fund (0100) P-040 Pierre 0.54 $334.01 $4,008.12General Fund (0100) P-041 Pike 6.23 $1,198.88 $14,386.56General Fund (0100) P-042 Ralston Tower 0.75 $272.80 $3,273.60General Fund (0100) P-043 Revard 3.59 $762.31 $9,147.72General Fund (0100) P-044 Riverside 12.00 $2,926.47 $35,117.64General Fund (0100) P-045 Robertson Road 6.74 $1,371.29 $16,455.48General Fund (0100) P-046 Roosevelt 8.54 $1,643.40 $19,720.80General Fund (0100) P-047 Rose 4.56 $979.07 $11,748.84General Fund (0100) P-048 Sharp 5.93 $1,415.47 $16,985.64General Fund (0100) P-049 Sherwood 6.21 $1,318.66 $15,823.92General Fund (0100) P-050 Sipherd 5.36 $1,138.16 $13,657.92General Fund (0100) P-051 Sonoma 4.99 $1,059.59 $12,715.08General Fund (0100) P-052 Stockard Coffee 4.72 $1,011.84 $12,142.08General Fund (0100) P-053 Sutter 3.82 $811.15 $9,733.80General Fund (0100) P-054 Sylvan 5.22 $1,119.01 $13,428.12General Fund (0100) P-055 T.B. Scott 2.60 $554.64 $6,655.68General Fund (0100) P-056 Eliminated - - -General Fund (0100) P-057 Thurman Soccer 4.19 $852.47 $10,229.64General Fund (0100) P-058 Virginia Corridor Phase 2 7.94 $397.99 $4,775.88General Fund (0100) P-059 Virginia Corridor Phase 3 1.12 $1,942.59 $23,311.08General Fund (0100) P-060 Virginia Corridor Phase 4 5.06 $625.42 $7,505.04General Fund (0100) P-061 Virginia Corridor Phase 5 1.52 $1,705.69 $20,468.28General Fund (0100) P-062 Virginia Corridor Phase 6 3.91 $2,842.82 $34,113.84General Fund (0100) P-063 Whitmore 5.33 $1,025.68 $12,308.16General Fund (0100) P-064 Woodrow 4.93 $948.71 $11,384.52General Fund (0100) P-065 Lyon's Junction (Coldwell to Morris) $426.04 $5,112.48General Fund (0100) P-066 Salas Island (Scenic/Burney) $66.95 $803.40General Fund (0100) P-067 X-mas Tree Park (Burney) $188.67 $2,264.04General Fund (0100) P-068 Enslen $2,428.41 $29,140.92General Fund (0100) P-069 Marshall $1,795.44 $21,545.28General Fund (0100) P-070 Moose - -General Fund (0100) P-071 Standiford $1,399.83 $16,797.96General Fund (0100) P-072 Wesson Ranch $2,769.24 $33,230.88 Grover #108650, Amended Site List P.2 of 8
#7..
- 285 -
General Fund (0100) P-073 99/Pelandale Weed Program $547.76 $6,573.12 General Fund (0100) P-074 99/Pelandale Trash Program $286.05 $3,432.60General Fund (0100) P-075 Beardbrook Dog Park $729.64 $8,755.68General Fund (0100) P-076 Myrtle at Harvard Planter $198.73 $2,384.76General Fund (0100) ROW-001 Bluegum EB, Poust to Rosemore Wall - 7,539 $164.90 $1,978.80General Fund (0100) ROW-002 Bluegum EB, Morse to Poust Wall - 2,445 $53.49 $641.88General Fund (0100) ROW-003 Bluegum WE, Poust to Morse Wall - 1,350 $29.53 $354.36General Fund (0100) ROW-004 Bluegum Medians (3) - 5,390 $117.90 $1,414.80General Fund (0100) ROW-005 Briggsmore Sunrise Av - 10,500 $229.67 $2,756.04General Fund (0100) ROW-006 FoodMax Planter 12,000 - $100.20 $1,202.40General Fund (0100) ROW-007 Krispy Crème Planter - 43,275 $946.57 $11,358.84General Fund (0100) ROW-008 Winning Street Closure - 135 $9.74 $116.88General Fund (0100) ROW-009 Bronson Street Closure - 900 $9.74 $116.88General Fund (0100) ROW-010 Carlton Street Closure - 180 $9.74 $116.88General Fund (0100) ROW-011 Briggsmore Fence/Wall - 39,300 $859.62 $10,315.44General Fund (0100) ROW-012 Calle De Rosa Street Closure - 330 $9.74 $116.88General Fund (0100) ROW-013 Elmhurst Street Closure - 1,296 $9.74 $116.88General Fund (0100) ROW-014 Carpenter/Houser Wall - 2,155 $47.13 $565.56General Fund (0100) ROW-015 Carpenter/Elm Wall - 1,010 $22.09 $265.08General Fund (0100) ROW-016 Carpenter Rd Medians - 6,778 $148.26 $1,779.12General Fund (0100) ROW-017 Claus NB Orangeburg to Parker - 8,725 $213.02 $2,556.24General Fund (0100) ROW-018 Claus Rd/Yosem.Wall; Duplicate (DC-002) - - - -General Fund (0100) ROW-019 Cummins Dr at Carpenter - 192 $4.20 $50.40General Fund (0100) ROW-020 Cummins Dr at Bluegum - 1,929 $42.19 $506.28General Fund (0100) ROW-021 Hatch EB - 75,891 $1,659.98 $19,919.76General Fund (0100) ROW-022 Hatch WB - 31,890 $697.54 $8,370.48General Fund (0100) ROW-023 I Street Medians - 4,000 $87.50 $1,050.00General Fund (0100) ROW-024 I Street E/side - 950 $20.78 $249.36General Fund (0100) ROW-025 I Street W/side - 950 $20.78 $249.36General Fund (0100) ROW-026 Kansas Wall - 3,245 $70.98 $851.76General Fund (0100) ROW-027 Lakewood SB, Orangeburg to Middleborro - 1,500 $32.80 $393.60General Fund (0100) ROW-028 Lakewood Wall - 1,325 $28.98 $347.76General Fund (0100) ROW-029 Lincoln Wall, north - 1,905 $41.67 $500.04General Fund (0100) ROW-030 Lincoln Wall, south - 3,715 $81.26 $975.12General Fund (0100) ROW-031 Morse Wall 8ft. Sidewalk - 49,940 $1,092.34 $13,108.08General Fund (0100) ROW-032 Muriel Street Closure - 96 $9.74 $116.88General Fund (0100) ROW-033 Oakdale Wall - 6,300 $137.80 $1,653.60General Fund (0100) ROW-034 Paradise Wall - 13,000 $284.35 $3,412.20 Grover #108650, Amended Site List P.3 of 8
#7..
- 286 -
General Fund (0100) ROW-035 Parker/Boyette Wall - 4,000 $87.50 $1,050.00 General Fund (0100) ROW-036 Prescott/Vernon Wall - 9,345 $204.40 $2,452.80General Fund (0100) ROW-037 Prescott Wall - 7,580 $165.80 $1,989.60General Fund (0100) ROW-038 Sandburg Street Closure - 58 $9.74 $116.88General Fund (0100) ROW-039 Scenic/Brighton Wall - 225 $4.92 $59.04General Fund (0100) ROW-040 Scenic Wall - 16,000 $349.97 $4,199.64General Fund (0100) ROW-041 Scenic WB, Springcreek to Cedarbrook - 1,285 $28.11 $337.32General Fund (0100) ROW-042 Sisk – Target Ctr. (Ethan Allen) Median - 4,555 $99.63 $1,195.56General Fund (0100) ROW-043 Sisk – Target Ctr. (Ethan Allen) Wall - 12,352 $270.18 $3,242.16General Fund (0100) ROW-044 Standiford Medians – Dale to Prescott - 540 $11.81 $141.72General Fund (0100) ROW-045 Standiford – Landscaped Medians (3) - 40,200 $879.30 $10,551.60General Fund (0100) ROW-046 Standiford Av, WB - 1,465 $32.05 $384.60General Fund (0100) ROW-047 Sylvan Av, EB - 15,893 $347.63 $4,171.56General Fund (0100) ROW-048 Sylvan Av, WB - 11,090 $242.57 $2,910.84General Fund (0100) ROW-049 Tennyson Street Closure - 425 $9.74 $116.88General Fund (0100) ROW-050 Whitmore WB - 5,272 $115.31 $1,383.72General Fund (0100) ROW-051 Briggsmore & Rose - 11,300 $247.16 $2,965.92General Fund (0100) ROW-052 Senior Citizen Center 1,922 8,563 $928.80 $11,145.60General Fund (0100) ROW-053 Scenic Bend - 13,000 $284.35 $3,412.20General Fund (0100) ROW-054 El Rio Median - 5,000 $109.37 $1,312.44General Fund (0100) ROW-055 La Loma Roundabout [Corrected] - 5,531 $286.05 $3,432.60General Fund (0100) ROW-056 Santa Barbara Point 11,750 - $166.85 $2,002.20General Fund (0100) ROW-057 Sunrise and Bodem Point - 22,801 $330.02 $3,960.24General Fund (0100) ROW-058 La Loma Point - 8,400 $119.28 $1,431.36General Fund (0100) ROW-059 Needham / L / 14th 2,100 705 $378.37 $4,540.44General Fund (0100) ROW-060 Needham & 13th - 360 $48.56 $582.72General Fund (0100) ROW-061 Needham & 14th - 450 $60.70 $728.40General Fund (0100) ROW-062 Needham & K 2,925 785 $500.43 $6,005.16General Fund (0100) ROW-063 Paradise & Tuolumne 2,611 - $37.08 $444.96General Fund (0100) ROW-064 3rd & Washington NEAT - 1,220 $17.32 $207.84General Fund (0100) ROW-065 Roselle Wall, Floyd to Briggsmore W. $1,673.71 $20,084.52General Fund (0100) ROW-066 Pelandale Wall, Entry/Costco to Honeycreek S. $2,130.18 $25,562.16General Fund (0100) ROW-067 Briggsmore Rose Garden S., Tully x College $912.93 $10,955.16General Fund (0100) ROW-068 10th St. Planters between I and J Streets $517.33 $6,207.96General Fund (0100) SR-076 Kansas Overpass - 31,000 $1,355.71 $16,268.52General Fund (0100) SR-077 Bowen Roundabouts - 600 $19.21 $230.52General Fund (0100) SR-078 Briggsmore Overpass NW - 10,000 $437.32 $5,247.84General Fund (0100) SR-079 Briggsmore Overpass SW - 6,800 $297.39 $3,568.68 Grover #108650, Amended Site List P.4 of 8
#7..
- 287 -
General Fund (0100) SR-080 Briggsmore Orangeburg SE - 8,000 $349.86 $4,198.32 General Fund (0100) SR-081 Encina Medians - 1,000 $24.31 $291.72 Total for Park Operations (General Fund): $116,478.72 $1,397,744.64 FUND SITE NO. NAME Planters Sq Ft Turf Sq Ft Acreage 3rd Amendment Monthly Cost Annual CostJPA-TRRP (6700) TRRP-01 Bellenita Park 154,276 - $720.57 $8,646.84JPA-TRRP (6700) TRRP-02 Legion Park 339,768 - $845.86 $10,150.32JPA-TRRP (6700) TRRP-03 Legion Hall 3,900 4,700 $42.82 $513.84JPA-TRRP (6700) TRRP-04 Mancini Park 478,100 1,710 $2,389.00 $28,668.00JPA-TRRP (6700) TRRP-05 Tuolumne Regional Park 544,500 29,266 $2,856.82 $34,281.84JPA-TRRP (6700) TRRP-06 Gateway Weed Ctrl- Spring, Summer, Fall/Wtr $298.23 $3,578.76JPA-TRRP (6700) TRRP-07 Legion Park $1,643.28 $19,719.36JPA-TRRP (6700) TRRP-08 Hillside Drive & Tioga Weed Program $298.23 $3,578.76 Total for Tuolumne River Regional Park (TRRP Fund): $9,094.81 $109,137.72 FUND SITE NO. NAME Planters Sq Ft Turf Sq Ft Acreage 3rd Amendment Monthly Cost Annual CostCFD Funds (3270) CFD-001 Twin Ponds – South Basin 6,300 - $136.29 $1,635.48CFD Funds (3270) CFD-002 Twin Ponds – North Basin 35,170 - $760.84 $9,130.08CFD Funds (3270) CFD-003 Pelandale to Snyder Redwood Planter 2,640 - $57.12 $685.44CFD Funds (3270) CFD-004 Pelandale to Snyder Landscape Wall 6,457 - $139.69 $1,676.28CFD Funds (3270) CFD-005 Pelandale Wall, North Point to Prescott 2,905 - $62.84 $754.08CFD Funds (3270) CFD-006 Carver/Bangs 21,106 14,256 $764.99 $9,179.88CFD Funds (3270) CFD-007 Carver/Bangs 2,795 125 $63.17 $758.04CFD Funds (3270) CFD-008 Carver/Bangs 21,762 - $465.85 $5,590.20CFD Funds (3270) CFD-009 Pelandale-Snyder/Carver Bangs 2,550 - $55.16 $661.92CFD Funds (3270) CFD-010 Pelandale-Snyder/Carver Bangs 5,685 - $122.99 $1,475.88CFD Funds (3270) CFD-011 Chateau Provence 21,035 24,705 $989.50 $11,874.00CFD Funds (3265) CFD-012 Costco Medians 8,440 - $182.58 $2,190.96CFD Funds (3265) CFD-013 Chapman Medians 2,240 - $48.46 $581.52CFD Funds (3200/3290) CFD-014 Ustach Basin 318,820 32,615 $2,562.81 $30,753.72CFD Funds (3200/3290) CFD-015 Ustach Park 323,026 48,545 $2,709.64 $32,515.68CFD Funds (3200/3290) CFD-016 Wild Flower 19,320 12,054 $1,008.25 $12,099.00CFD Funds (3200/3290) CFD-017 Symphony Park 18,000 10,920 $726.50 $8,718.00CFD Funds (3200/3290) CFD-018 Silverado 24,297 30,190 $1,368.77 $16,425.24CFD Funds (3200/3290) CFD-019 Fairmont Point II 24,276 28,300 $1,320.77 $15,849.24CFD Funds (3200/3290) CFD-020 Atherton Place 27,834 37,620 $1,434.85 $17,218.20

TUOLUMNE RIVER REGIONAL PARK (TRRP) SITES
COMMUNITY FACILITIES DISTRICTS (CFD) & DRY CREEK ASSESMENT DISTRICTS 1&2 Grover #108650, Amended Site List P.5 of 8
#7..
- 288 -
CFD Funds (3200/3290) CFD-021 Village Highlands 4-5 23,620 16,100 $870.72 $10,448.64 CFD Funds (3200/3290) CFD-022 Village Highlands 6 (Roundabout) 70 - $6.10 $73.20CFD Funds (3200/3290) CFD-023 Village Highlands 6 42,200 2,954 $727.21 $8,726.52CFD Funds (3200/3290) CFD-024 Windmere (2-Roundabouts, 1-Median) 12,036 24,500 $588.41 $7,060.92CFD Funds (3200/3290) CFD-025 Fernwood 2,3 14,700 9,800 $615.47 $7,385.64CFD Funds (3200/3290) CFD-026 Legends 10,500 9,800 $326.93 $3,923.16CFD Funds (3200/3290) CFD-027 Legends (Roundabout) Incl. - - -CFD Funds (3200/3290) CFD-028 Millbrook 13,900 1,200 $361.57 $4,338.84CFD Funds (3200/3290) CFD-029 Lawsons Twenty 9,420 6,090 $371.39 $4,456.68CFD Funds (3200/3290) CFD-030 Legends Village 4-5 6,750 6,500 $213.39 $2,560.68CFD Funds (3200/3290) CFD-031 Olympic Park 4 3,400 2,500 $141.28 $1,695.36CFD Funds (3200/3290) CFD-032 Davante Villas plus Roundabout 23,025 14,925 $908.71 $10,904.52CFD Funds (3200/3290) CFD-033 Davante Villas 7,500 - $179.58 $2,154.96CFD Funds (3200/3290) CFD-034 Charleston Place (Center Court) 22,000 - $526.79 $6,321.48CFD Funds (3200/3290) CFD-035 Roselle Median Strip (Center Ct.) 13,500 7,900 $512.41 $6,148.92CFD Funds (3200/3290) CFD-036 Renaissance 100 - $6.10 $73.20CFD Funds (3200/3290) CFD-037 Bellhabour Streetscape V-1 2,300 3,500 $138.88 $1,666.56CFD Funds (3200/3290) CFD-038 Fine Ave. Streetscape V-1 5,000 8,700 $344.16 $4,129.92CFD Funds (3200/3290) CFD-039 Sienna (Sequoia Estates) 6,000 6,000 $287.34 $3,448.08CFD Funds (3200/3290) CFD-040 Palisades (Sierra View) 3,600 6,000 $229.87 $2,758.44CFD Funds (3200/3290) CFD-041 Nottingham (Bradley Estates) 3,600 6,000 $229.87 $2,758.44CFD Funds (3200/3290) CFD-042 Adriana 2,000 4,000 $96.63 $1,159.56CFD Funds (3200/3290) CFD-043 SSP, Lot 400 - $12.21 $146.52CFD Funds (3200/3290) CFD-044 2500 Sylvan/Terrazo 5,300 4,300 $241.17 $2,894.04CFD Funds (3200/3290) CFD-045 Bellharbour & Addition 3,900 6,700 $253.83 $3,045.96CFD Funds (3200/3290) CFD-046 Brooks Landing – Turf Strip 1,200 - $28.73 $344.76CFD Funds (3200/3290) CFD-047 Burkshire Estates/Burkshire II 9,000 1,200 $244.24 $2,930.88CFD Funds (3200/3290) CFD-048 Caden 8,500 - $273.16 $3,277.92CFD Funds (3200/3290) CFD-049 Cambrooke Estates 2,500 - $62.82 $753.84CFD Funds (3200/3290) CFD-050 Central Basin-Merle L/S Wall 2,265 1,400 $87.76 $1,053.12CFD Funds (3200/3290) CFD-051 Dermond 11,700 15,000 $639.33 $7,671.96CFD Funds (3200/3290) CFD-052 Enochs Medians/Overpass 35,000 - $767.25 $9,207.00CFD Funds (3200/3290) CFD-053 Falling Leaf 2,600 5,700 $133.67 $1,604.04CFD Funds (3200/3290) CFD-054 Floyd Shrubs 42,000 - $676.41 $8,116.92CFD Funds (3200/3290) CFD-055 Floyd / Fine Streetscape 25,500 27,000 $845.52 $10,146.24CFD Funds (3200/3290) CFD-056 Floyd / Fine to Roselle 65,980 51,325 $2,081.01 $24,972.12CFD Funds (3200/3290) CFD-057 Floyd from Roselle to Oakdale 73,375 36,000 $3,184.96 $38,219.52CFD Funds (3200/3290) CFD-058 Freedom Park 211,000 16,051 $1,938.55 $23,262.60 Grover #108650, Amended Site List P.6 of 8
#7..
- 289 -
CFD Funds (3200/3290) CFD-059 Graham Estates 3,500 - $112.48 $1,349.76 CFD Funds (3200/3290) CFD-060 Hillglen/Caden 18,000 - $578.34 $6,940.08CFD Funds (3200/3290) CFD-061 La Force 22,100 42,575 $2,270.27 $27,243.24CFD Funds (3200/3290) CFD-062 Lincoln Oak Streetscape 17,000 9,500 $725.20 $8,702.40CFD Funds (3200/3290) CFD-063 Merle Addition 1,500 - $35.91 $430.92CFD Funds (3200/3290) CFD-064 Merle Roundabout 300 - $12.21 $146.52CFD Funds (3200/3290) CFD-065 Orchard Park 3,400 6,000 $302.08 $3,624.96CFD Funds (3200/3290) CFD-066 Pinnacles Sunrise Subdivision 17,000 17,500 $756.30 $9,075.60CFD Funds (3200/3290) CFD-067 Roselle Lawn/Floyd Roundabout 18,000 35,000 $1,161.86 $13,942.32CFD Funds (3200/3290) CFD-068 Roselle/Kodiak/Lincoln Oak 28,000 23,000 $1,395.66 $16,747.92CFD Funds (3200/3290) CFD-069 Sanders Park 202,800 58,400 $2,187.58 $26,250.96CFD Funds (3200/3290) CFD-070 Sharon Extension 2,200 - $55.28 $663.36CFD Funds (3200/3290) CFD-071 Temescal 11,200 4,000 $415.96 $4,991.52CFD Funds (3200/3290) CFD-072 Thomas Terrace Wall/LS 1,225 450 $91.57 $1,098.84CFD Funds (3240) CFD-073 Hatch Wall & Rancho Encantado 38,500 - $785.92 $9,431.04CFD Funds (3240) CFD-074 Rancho Encantado Bike Path 37,000 15,000 $1,174.61 $14,095.32CFD Funds (3240) CFD-075 Fairview Park 167,223 15,000 $1,328.85 $15,946.20CFD Funds (3275) CFD-076 Coffee Claratina Park 260,203 50,558 $2,548.99 $30,587.88CFD Funds (3275) CFD-077 Claratina/Lifescape Wall 112 - $61.05 $732.60CFD Funds (3260) CFD-078 Enterprise Business Park/Wall 2,875 - $213.89 $2,566.68CFD Funds (3235) CFD-079 Rose Villas Park Basin - $4,145.09 $49,741.08CFD Funds (3200/3290) CFD-080 Sylvan/Litt (New Section) - $2,899.73 $34,796.76CFD Funds (3210) CFD-081 Kaiser Business Park-West - $1,922.98 $23,075.76CFD Funds (3212) CFD-082 Healthcare Way Ext. (ES of Dale) - $970.65 $11,647.80CFD Funds (3200/3290) CFD-083 Roselle between Kodiak & Hillglen - $4,059.63 $48,715.56CFD Funds (3200/3290) CFD-084 Lincoln Oak Shrub Addition - $793.61 $9,523.32CFD Funds (3212) CFD-085 Kaiser Business Park-East $995.07 $11,940.84CFD Funds (3215) CFD-086 Vintage $2,625.02 $31,500.24CFD Funds (3200/3290) CFD-087 Roselle - Hillglen Expansion $928.20 $11,138.40CFD Funds CFD-088 Chandon Drive $554.54 $6,654.48LMAD Funds (6480) DC-001 Claus Wall (LMAD#1) 2,850 - $109.66 $1,315.92LMAD Funds (6490) DC-002 Creekwood Wall – Yosemite (LMAD#2) 15,800 - $231.24 $2,774.88LMAD Funds (6490) DC-003 Creekwood Wall – Claus (LMAD#2) 17,224 - $251.51 $3,018.12LMAD Funds (6480) DC-004 Creekwood Medians (LMAD#1) 1,575 - $60.61 $727.32LMAD Funds (6480) DC-005 Claus Rd Overpass at Creekwood (LMAD#1) 17,230 - $663.02 $7,956.24LMAD Funds (6490) DC-006 Claus Rd Wall (LMAD#2) 38,046 - $556.66 $6,679.92LMAD Funds (6490) DC-007 Yosemite Wall (LMAD#2) 360 - $5.27 $63.24LMAD Funds (6480) DC-008 756 Codington (Shrub Area) Wall (LMAD#1) 444 - $17.08 $204.96 Grover #108650, Amended Site List P.7 of 8
#7..
- 290 -
Total for CFD/LMAD Funds: $72,138.08 $865,656.96
FUND SITE NO. NAME Planters Sq Ft Turf Sq Ft Acreage 3rd Amendment Monthly Cost Annual CostGeneral Fund (0100) PD-001 Old Police Department Parking Lot 400 - $24.31 $291.72General Fund (0100) PD-002 New PD Parking Lot 800 - $48.63 $583.56General Fund (0100) PD-003 New PD Planters 3,839 - $233.35 $2,800.20General Fund (0100) BS-001 McClure Country Place 15,000 20,000 $196.51 $2,358.12General Fund (0100) LOT-012 McHenry Museum 2,340 3,000 $157.07 $1,884.84General Fund (0100) LOT-012 McHenry Mansion 10,300 8,800 $561.81 $6,741.72General Fund (0100) P-079 Gallo Memorial Park (McClatchy Square) 2,861 3,820 $1,029.50 $12,354.00ComCenter Fund (4700) LOT-A-101 Modesto Centre Plaza Lot $967.71 $11,612.52Parking Fund (4000) G-001 11th St. Garage - -Parking Fund (4000) G-002 9th St. Garage 4,200 - $255.29 $3,063.48Parking Fund (4000) LOT-001 Centre Plaza Surface Lot 3,121 895 $244.11 $2,929.32Parking Fund (4000) LOT-002 Library Parking Lot 2,857 - $173.66 $2,083.92Parking Fund (4000) LOT-003 McDonalds Parking Lot 3,239 - $196.88 $2,362.56Parking Fund (4000) LOT-004 9th & I Parking Lot 338 - $20.55 $246.60Parking Fund (4000) LOT-005 Centre Plaza Parking Lot 925 - $56.22 $674.64Parking Fund (4000) LOT-006 10th & H St. lot - -Fleet Mgmt Fund (4540) BMF Bus Maintenance Facility $699.92 $8,399.04Bldg Svcs Fund (5800) TS-001 Transportation Center 18,399 - -Bldg Svcs Fund (5800) TS-002 Amtrak Station 19,000 - -Bldg Svcs Fund (5800) TS-003 Amtrak Parking Lot Expansion - - Total for Miscellaneous City & Enterprise Sites: $4,865.52 $58,386.24 Annual Cost
TOTAL FOR LANDSCAPING SERVICES: $2,430,926
TOTAL FOR EXTRA SERVICES/IRRIGATION REPAIR WORK: $232,803 ANNUAL TOTAL FOR LANDSCAPING SERVICES AND EXTRA SERVICES/IRRIGATION REPAIR WORK: $2,663,728 SIX MONTH EXTENSION TOTAL FOR LANDSCAPING SERVICES AND EXTRA SERVICES/IRRIGATION REPAIR WORK: $1,331,868 CURRENT AGREEMENT TOTAL FOR SIX (6) YEARS: $13,042,247
GRAND TOTAL OF LANDSCAPE AGREEMENT FOR SIX YEARS AND SIX MONTHS: $14,374,115

MISCELLANEOUS CITY & ENTERPRISE SITES
Grover #108650, Amended Site List P.8 of 8
#7..
- 291 -
1 THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT to the AGREEMENT (“THIRD AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2022, by and between the CITY OF MODESTO, a municipal corporation of the State of California ("CITY") and GROVER LANDSCAPE SERVICES, INC., Modesto, CA, hereinafter collectively referred to as "CONTRACTOR".

This THIRD AMENDMENT to AGREEMENT is made with reference to the following recitals:

A. An Agreement (“AGREEMENT”) was entered into by and between CITY and CONTRACTOR on the 25th day of October 2016 to provide landscape services to parks, right-ofway areas and medians, Community Facilities Districts and Enterprise Fund sites.

B. A First Amendment to Agreement was entered into by and between CITY and CONTRACTOR on the 5th day of February 2019 which increased compensation paid for the additional scope of services identified in the amendment and set budget limits for service level increases, irrigation repairs and miscellaneous repair work, and unanticipated repairs/extra work.

C. A Second Amendment to Agreement was entered into by and between the CITY and CONTRACTOR on the 4th day of May 2021 to amend the provisions of the AGREEMENT to remove budget thresholds, to increase the compensation paid for services, and, to extend the agreement for one (1) additional year to October 24, 2022, to allow enough time to prepare a Request for Proposals for Landscape Maintenance services.

D. The CITY wishes to extend the agreement for six (6) additional months through April 24, 2023, to allow additional time for staff to complete research of recent Request for Proposals that resulted in significant increases to service agreements. #7..
- 292 -
2 E. The CITY estimates that an additional $1.3 million will be needed to ensure sufficient landscape services through the extension of the AGREEMENT, dated April 24, 2023.

F. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to increase the compensation paid for services identified in the AGREEMENT.

G. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to extend the agreement for six (6) additional months to April 24, 2023.

H. All other provisions of the AGREEMENT shall remain in effect.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. Paragraph (g), Section 1 “SCOPE OF WORK shall be deleted in its entirety and amended to read as follows:
“1. SCOPE OF WORK
g. CONTRACTOR shall furnish all the landscaping work attached hereto as Exhibit “D” for a total contracted amount not to exceed $14,374,115 over the term of the AGREEMENT.

2. Paragraphs (1) and (2) of Section 3 “TERM OF CONTRACT” shall be deleted in its entirety and amended to read as follows:
“3. TERM OF CONTRACT
The term of the contract shall be for a period of six (6) years and six (6) months.

Initial Term: Notice to proceed through October 24, 2022 Six-month extension: October 25, 2022 through April 24, 2023.”

3. Except as modified and amended by this THIRD AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.” #7..
- 293 -
3 IN WITNESS WHEREOF, the CITY, a Municipal Corporation, has authorized the execution of this THIRD AMENDMENT to AGREEMENT in duplicate by its City Manager and attestation by its City Clerk (under authority of Resolution No. , adopted by the Council of the City of Modesto) on the ___ day of ___________, 2022, and GROVER LANDSCAPE SERVICES, INC., has caused this Third Amendment to Agreement to be duly executed. #7..
- 294 -
1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT to the AGREEMENT (“SECOND AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2021, by and between the CITY OF MODESTO, a municipal corporation of the State of California ("CITY") and GROVER LANDSCAPE SERVICES, INC., Modesto, CA, hereinafter collectively referred to as "CONTRACTOR".

This SECOND AMENDMENT to AGREEMENT is made with reference to the following recitals:

A. An Agreement (“AGREEMENT”) was entered into by and between CITY and CONTRACTOR on the 25
th day of October 2016 to provide landscape services to parks, right-ofway areas and medians, Community Facilities Districts and Enterprise Fund sites.

C. The CITY wishes to extend the agreement for (1) additional year through October 24, 2022 to allow enough time to prepare a Request for Proposals for Landscape Maintenance services.

D. The CITY estimates that an additional $3.46M will be needed to ensure sufficient landscape services through the extension of the AGREEMENT, dated October 24, 2022.

E. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to remove budget thresholds for service level increases, irrigation repairs and miscellaneous repairs and additional unanticipated repairs/extra work.

DocuSign Envelope ID: 4AD8A565-B511-4D6D-99A6-3FA619602466 4th MAY
#7..
- 295 -
2 F. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to increase the compensation paid for services identified in the AGREEMENT.

G. CITY AND CONTRACTOR desire to amend the provisions of the AGREEMENT to extend the agreement for (1) additional year to October 24, 2022.

H. All other provisions of the AGREEMENT shall remain in effect.

NOW, THEREFORE, the parties hereto mutually agree to the following:

2. Paragraph (1) of Section 3 “TERM OF CONTRACT” shall be deleted in its entirety and amended to read as follows:
“3. TERM OF CONTRACT
The term of the contract shall be for a period of six (6) years.

Initial Term: Notice to proceed through October 24, 2019 Year 4: October 25, 2019 through October 24, 2020
Year 5: October 25, 2020 through October 24, 2021
Year 6: October 25, 2021 through October 24, 2022.”

3. Except as modified and amended by this SECOND AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.” DocuSign Envelope ID: 4AD8A565-B511-4D6D-99A6-3FA619602466 #7..
- 296 -
3 IN WITNESS WHEREOF, the CITY, a Municipal Corporation, has authorized the execution of this SECOND AMENDMENT to AGREEMENT in duplicate by its City Manager and attestation by its City Clerk (under authority of Resolution No. , adopted by the Council of the City of Modesto) on the ___ day of ___________, 2021, and GROVER LANDSCAPE SERVICES, INC., has caused this First Amendment to Agreement to be duly executed.

DocuSign Envelope ID: 4AD8A565-B511-4D6D-99A6-3FA619602466 4TH MAY
2021-172
#7..
- 297 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
STEPHANIE LOPEZ, City Clerk

CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
JILES SMITH II, Risk Manager
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 4AD8A565-B511-4D6D-99A6-3FA619602466 GROVER LANDSCAPE SERVICES INC.
80-0507137
Mark S. Grover President
5/12/2021
#7..
- 298 -
EXHBITI D - AMENDED SITE LIST FOR GROVER LANDSCAPING AGREEMENT #108650 FUND SITE NO. NAME Acreage Monthly Cost Annual Cost
GenFund-PRND P-001 Alberta Martone Tot-Lot 0.50 $254.07 $3,048.84 GenFund-PRND P-002 Aqueduct 5.14 $933.75 $11,205.00
GenFund-PRND P-003 Ashby 0.76 $227.09 $2,725.08
GenFund-PRND P-004 Beardbrook 11.43 $2,036.58 $24,438.96 GenFund-PRND P-005 Beyer 20.00 $3,522.23 $42,266.76
GenFund-PRND P-006 Brookway 0.70 $209.16 $2,509.92
GenFund-PRND P-007 Chabot Court 0.10 $50.81 $609.72
GenFund-PRND P-008 Chavez 6.03 $1,007.88 $12,094.56
GenFund-PRND P-009 Chrysler 99 6.13 $1,113.59 $13,363.08 GenFund-PRND P-010 Chrysler 6.64 $1,206.24 $14,474.88
GenFund-PRND P-011 Coleman F. Brown 5.23 $993.64 $11,923.68 GenFund-PRND P-012 Creekwood 5.00 $1,001.74 $12,020.88
GenFund-PRND P-013 Davis 17.50 $2,766.59 $33,199.08
GenFund-PRND P-014 Downey & Annex 21.00 $3,704.17 $44,450.04 GenFund-PRND P-015 E. La Loma 16.20 $2,839.06 $34,068.72 GenFund-PRND P-016 Eisenhut 5.37 $975.53 $11,706.36
GenFund-PRND P-017 Elk 1.15 $206.93 $2,483.16
GenFund-PRND P-018 Everett 4.57 $830.20 $9,962.40
GenFund-PRND P-019 Fairway Soccer 7.22 $1,206.78 $14,481.36 GenFund-PRND P-020 Floyd #2 (Brewer Rose) 9.16 $1,930.07 $23,160.84 GenFund-PRND P-021 Garrison 6.21 $981.74 $11,780.88
GenFund-PRND P-022 Gateway Village (City Gate) 1.20 $358.57 $4,302.84 GenFund-PRND P-023 Graceada 8.96 $1,612.22 $19,346.64
GenFund-PRND P-024 Grogan Community (Soccer) 39.00 $4,570.02 $54,840.24 GenFund-PRND P-025 Hetch-Hetchy Bike Path 33.00 $692.88 $8,314.56 GenFund-PRND P-026 John Muir 2.94 $878.49 $10,541.88
GenFund-PRND P-027 Kewin 8.80 $1,542.20 $18,506.40
GenFund-PRND P-028 Lakewood 4.98 $868.74 $10,424.88
GenFund-PRND P-029 Mark Twain 7.58 $1,486.41 $17,836.92 GenFund-PRND P-030 McKinney Colony 5.30 $953.66 $11,443.92 GenFund-PRND P-031 Mellis 9.21 $1,539.40 $18,472.80
GenFund-PRND P-032 MID Lateral #2 1.78 $356.62 $4,279.44 GenFund-PRND P-033 Mildred Perkins 6.12 $1,101.20 $13,214.40 GenFund-PRND P-034 Monterosso 0.38 $329.27 $3,951.24
GenFund-PRND P-035 Moran 2.77 $485.44 $5,825.28
GenFund-PRND P-036 Muncy 3.40 $617.65 $7,411.80
Grover #108650, Amended Site List P.1 of 8
#7..
- 299 -
GenFund-PRND P-037 Orchard 11.00 $1,940.28 $23,283.36
GenFund-PRND P-038 George Rogers 3.27 $573.07 $6,876.84 GenFund-PRND P-039 Patricia Lane 0.27 $137.20 $1,646.40 GenFund-PRND P-040 Pierre 0.54 $274.40 $3,292.80
GenFund-PRND P-041 Pike 6.23 $984.91 $11,818.92
GenFund-PRND P-042 Ralston Tower 0.75 $224.11 $2,689.32 GenFund-PRND P-043 Revard 3.59 $626.26 $7,515.12
GenFund-PRND P-044 Riverside 12.00 $2,404.17 $28,850.04 GenFund-PRND P-045 Robertson Road 6.74 $1,126.55 $13,518.60 GenFund-PRND P-046 Roosevelt 8.54 $1,350.10 $16,201.20
GenFund-PRND P-047 Rose 4.56 $804.33 $9,651.96
GenFund-PRND P-048 Sharp 5.93 $1,162.85 $13,954.20
GenFund-PRND P-049 Sherwood 6.21 $1,083.31 $12,999.72
GenFund-PRND P-050 Sipherd 5.36 $935.03 $11,220.36
GenFund-PRND P-051 Sonoma 4.99 $870.48 $10,445.76
GenFund-PRND P-052 Stockard Coffee 4.72 $831.25 $9,975.00 GenFund-PRND P-053 Sutter 3.82 $666.38 $7,996.56
GenFund-PRND P-054 Sylvan 5.22 $919.30 $11,031.60
GenFund-PRND P-055 T.B. Scott 2.60 $455.65 $5,467.80
GenFund-PRND P-056 Eliminated - - -
GenFund-PRND P-057 Thurman Soccer 4.19 $700.33 $8,403.96 GenFund-PRND P-058 Virginia Corridor Phase 2 7.94 $326.96 $3,923.52 GenFund-PRND P-059 Virginia Corridor Phase 3 1.12 $1,595.89 $19,150.68 GenFund-PRND P-060 Virginia Corridor Phase 4 5.06 $513.80 $6,165.60 GenFund-PRND P-061 Virginia Corridor Phase 5 1.52 $1,401.27 $16,815.24 GenFund-PRND P-062 Virginia Corridor Phase 6 3.91 $2,335.45 $28,025.40 GenFund-PRND P-063 Whitmore 5.33 $842.62 $10,111.44
GenFund-PRND P-064 Woodrow 4.93 $779.39 $9,352.68
GenFund-PRND ROW-001 Bluegum EB, Poust to Rosemore Wall - 7,539 $135.47 $1,625.64 GenFund-PRND ROW-002 Bluegum EB, Morse to Poust Wall - 2,445 $43.94 $527.28 GenFund-PRND ROW-003 Bluegum WE, Poust to Morse Wall - 1,350 $24.26 $291.12 GenFund-PRND ROW-004 Bluegum Medians (3) - 5,390 $96.86 $1,162.32 GenFund-PRND ROW-005 Briggsmore Sunrise Av - 10,500 $188.68 $2,264.16 GenFund-PRND ROW-006 FoodMax Planter 12,000 - $82.32 $987.84 GenFund-PRND ROW-007 Krispy Crème Planter - 43,275 $777.63 $9,331.56 GenFund-PRND ROW-008 Winning Street Closure - 135 $8.00 $96.00 GenFund-PRND ROW-009 Bronson Street Closure - 900 $8.00 $96.00 GenFund-PRND ROW-010 Carlton Street Closure - 180 $8.00 $96.00 Grover #108650, Amended Site List P.2 of 8
#7..
- 300 -
GenFund-PRND ROW-011 Briggsmore Fence/Wall - 39,300 $706.20 $8,474.40 GenFund-PRND ROW-012 Calle De Rosa Street Closure - 330 $8.00 $96.00 GenFund-PRND ROW-013 Elmhurst Street Closure - 1,296 $8.00 $96.00 GenFund-PRND ROW-014 Carpenter/Houser Wall - 2,155 $38.72 $464.64 GenFund-PRND ROW-015 Carpenter/Elm Wall - 1,010 $18.15 $217.80 GenFund-PRND ROW-016 Carpenter Rd Medians - 6,778 $121.80 $1,461.60 GenFund-PRND ROW-017 Claus NB Orangeburg to Parker - 8,725 $175.00 $2,100.00 GenFund-PRND ROW-018 Claus Rd/Yosem.Wall; Duplicate (DC-002) - - - - GenFund-PRND ROW-019 Cummins Dr at Carpenter - 192 $3.45 $41.40 GenFund-PRND ROW-020 Cummins Dr at Bluegum - 1,929 $34.66 $415.92 GenFund-PRND ROW-021 Hatch EB - 75,891 $1,363.72 $16,364.64 GenFund-PRND ROW-022 Hatch WB - 31,890 $573.05 $6,876.60 GenFund-PRND ROW-023 I Street Medians - 4,000 $71.88 $862.56 GenFund-PRND ROW-024 I Street E/side - 950 $17.07 $204.84 GenFund-PRND ROW-025 I Street W/side - 950 $17.07 $204.84 GenFund-PRND ROW-026 Kansas Wall - 3,245 $58.31 $699.72 GenFund-PRND ROW-027 Lakewood SB, Orangeburg to Middleborro - 1,500 $26.95 $323.40 GenFund-PRND ROW-028 Lakewood Wall - 1,325 $23.81 $285.72 GenFund-PRND ROW-029 Lincoln Wall, north - 1,905 $34.23 $410.76 GenFund-PRND ROW-030 Lincoln Wall, south - 3,715 $66.76 $801.12 GenFund-PRND ROW-031 Morse Wall 8ft. Sidewalk - 49,940 $897.39 $10,768.68 GenFund-PRND ROW-032 Muriel Street Closure - 96 $8.00 $96.00 GenFund-PRND ROW-033 Oakdale Wall - 6,300 $113.21 $1,358.52 GenFund-PRND ROW-034 Paradise Wall - 13,000 $233.60 $2,803.20 GenFund-PRND ROW-035 Parker/Boyette Wall - 4,000 $71.88 $862.56 GenFund-PRND ROW-036 Prescott/Vernon Wall - 9,345 $167.92 $2,015.04 GenFund-PRND ROW-037 Prescott Wall - 7,580 $136.21 $1,634.52 GenFund-PRND ROW-038 Sandburg Street Closure - 58 $8.00 $96.00 GenFund-PRND ROW-039 Scenic/Brighton Wall - 225 $4.04 $48.48 GenFund-PRND ROW-040 Scenic Wall - 16,000 $287.51 $3,450.12 GenFund-PRND ROW-041 Scenic WB, Springcreek to Cedarbrook - 1,285 $23.09 $277.08 GenFund-PRND ROW-042 Sisk – Target Ctr. (Ethan Allen) Median - 4,555 $81.85 $982.20 GenFund-PRND ROW-043 Sisk – Target Ctr. (Ethan Allen) Wall - 12,352 $221.96 $2,663.52 GenFund-PRND ROW-044 Standiford Medians – Dale to Prescott - 540 $9.70 $116.40 GenFund-PRND ROW-045 Standiford – Landscaped Medians (3) - 40,200 $722.37 $8,668.44 GenFund-PRND ROW-046 Standiford Av, WB - 1,465 $26.33 $315.96 GenFund-PRND ROW-047 Sylvan Av, EB - 15,893 $285.59 $3,427.08 Grover #108650, Amended Site List P.3 of 8
#7..
- 301 -
GenFund-PRND ROW-048 Sylvan Av, WB - 11,090 $199.28 $2,391.36 GenFund-PRND ROW-049 Tennyson Street Closure - 425 $8.00 $96.00 GenFund-PRND ROW-050 Whitmore WB - 5,272 $94.73 $1,136.76 GenFund-PRND ROW-051 Briggsmore & Rose - 11,300 $203.05 $2,436.60 GenFund-PRND ROW-052 Senior Citizen Center 1,922 8,563 $763.03 $9,156.36 GenFund-PRND ROW-053 Scenic Bend - 13,000 $233.60 $2,803.20 GenFund-PRND ROW-054 El Rio Median - 5,000 $89.85 $1,078.20 GenFund-PRND ROW-055 La Loma Roundabout [Corrected] - 5,531 $235.00 $2,820.00 GenFund-PRND ROW-056 Santa Barbara Point 11,750 - $137.07 $1,644.84 GenFund-PRND ROW-057 Sunrise and Bodem Point - 22,801 $271.12 $3,253.44 GenFund-PRND ROW-058 La Loma Point - 8,400 $97.99 $1,175.88 GenFund-PRND ROW-059 Needham / L / 14th 2,100 705 $310.84 $3,730.08 GenFund-PRND ROW-060 Needham & 13th - 360 $39.89 $478.68 GenFund-PRND ROW-061 Needham & 14th - 450 $49.87 $598.44 GenFund-PRND ROW-062 Needham & K 2,925 785 $411.12 $4,933.44 GenFund-PRND ROW-063 Paradise & Tuolumne 2,611 - $30.46 $365.52 GenFund-PRND ROW-064 3rd & Washington NEAT - 1,220 $14.23 $170.76 GenFund-PRND SR-076 Kansas Overpass - 31,000 $1,113.75 $13,365.00 GenFund-PRND SR-077 Bowen Roundabouts - 600 $15.78 $189.36 GenFund-PRND SR-078 Briggsmore Overpass NW - 10,000 $359.27 $4,311.24 GenFund-PRND SR-079 Briggsmore Overpass SW - 6,800 $244.31 $2,931.72 GenFund-PRND SR-080 Briggsmore Orangeburg SE - 8,000 $287.42 $3,449.04 GenFund-PRND SR-081 Encina Medians - 1,000 $19.97 $239.64 GenFund-PRND *P-065 Lyon's Junction (Coldwell to Morris) $350.00 $4,200.00 GenFund-PRND *P-066 Salas Island (Scenic/Burney) $55.00 $660.00 GenFund-PRND *P-067 X-mas Tree Park (Burney) $155.00 $1,860.00 GenFund-PRND *P-068 Enslen $1,995.00 $23,940.00
GenFund-PRND *P-069 Marshall $1,475.00 $17,700.00
GenFund-PRND *P-070 Moose $945.83 $11,349.96
GenFund-PRND *P-071 Standiford $1,150.00 $13,800.00
GenFund-PRND *P-072 Wesson Ranch $2,275.00 $27,300.00
GenFund-PRND *P-073 99/Pelandale Weed Program $450.00 $5,400.00 GenFund-PRND *P-074 99/Pelandale Trash Program $235.00 $2,820.00 GenFund-PRND *ROW-065 Roselle Wall, Floyd to Briggsmore W. $1,375.00 $16,500.00 GenFund-PRND *ROW-066 Pelandale Wall, Entry/Costco to Honeycreek S. $1,750.00 $21,000.00 GenFund-PRND *ROW-067 Briggsmore Rose Garden S., Tully x College $750.00 $9,000.00 GenFund-PRND *BS-001 McClure Country Place 20,000 15,000 $161.44 $1,937.28 Grover #108650, Amended Site List P.4 of 8
#7..
- 302 -
GenFund-PRND *ROW-068 10th St. Planters between I and J Streets $425.00 $5,100.00 Total Change for Parks Operations (General Fund): $13,547.27 $162,567.24 New Total for Parks Operations (General Fund): $98,071.50 $1,176,858.00

TUOLUMNE RIVER REGIONAL PARK (TRRP) SITES
FUND SITE NO. NAME Turf Sq Ft Planters Sq Ft Per Month Per Year JPA-TRRP TRRP-01 Bellenita Park 154,276 - $591.97 $7,103.64 JPA-TRRP TRRP-02 Legion Park 339,768 - $694.90 $8,338.80 JPA-TRRP TRRP-03 Legion Hall 4,700 3,900 $35.18 $422.16 JPA-TRRP TRRP-04 Mancini Park 478,100 1,710 $1,962.63 $23,551.56 JPA-TRRP TRRP-05 Tuolumne Regional Park 544,500 29,266 $2,346.95 $28,163.40 JPA-TRRP *TRRP-06 Gateway Weed Ctrl- Spring, Summer, Fall/Wtr $245.00 $2,940.00 JPA-TRRP *TRRP-07 Legion Park $1,350.00 $16,200.00
JPA-TRRP *TRRP-08 Hillsdale Drive & Tioga Weed Program $245.00 $2,940.00 Total Change for TRRP Fund: $1,840.00 $22,080.00
New Total for TRRP Fund: $7,471.63 $89,659.56

COMMUNITY FACILITIES DISTRICT (CFD) SITES
FUND SITE NO. NAME Turf Sq Ft Planters Sq Ft Per Month Per Year CFD Funds CFD-001 Twin Ponds – South Basin - 6,300 $111.63 $1,339.56 CFD Funds CFD-002 Twin Ponds – North Basin - 35,170 $623.16 $7,477.92 CFD Funds CFD-003 Pelandale to Snyder Redwood Planter - 2,640 $46.78 $561.36 CFD Funds CFD-004 Pelandale to Snyder Landscape Wall - 6,457 $114.41 $1,372.92 CFD Funds CFD-005 Pleandale Wall, North Point to Prescot - 2,905 $51.47 $617.64 CFD Funds CFD-006 Carver/Bangs 14,256 21,106 $626.56 $7,518.72 CFD Funds CFD-007 Carver/Bangs 125 2,795 $51.74 $620.88 CFD Funds CFD-008 Carver/Bangs - 21,762 $385.59 $4,627.08 CFD Funds CFD-009 Pelandale-Snyder/Carver Bangs - 2,550 $45.18 $542.16 CFD Funds CFD-010 Pelandale-Snyder/Carver Bangs - 5,685 $100.73 $1,208.76 CFD Funds CFD-011 Chateau Provence 24,705 21,035 $810.44 $9,725.28 CFD Funds CFD-012 Costco Medians - 8,440 $149.54 $1,794.48 CFD Funds CFD-013 Chapman Medians - 2,240 $39.69 $476.28 CFD Funds CFD-014 Ustach Basin 318,820 32,615 $2,099.04 $25,188.48 CFD Funds CFD-015 Ustach Park 323,026 48,545 $2,219.31 $26,631.72 CFD Funds CFD-016 Wild Flower 12,054 19,320 $825.80 $9,909.60 CFD Funds CFD-017 Symphony Park 10,920 18,000 $595.03 $7,140.36 CFD Funds CFD-018 Silverado 30,190 24,297 $1,121.08 $13,452.96 Grover #108650, Amended Site List P.5 of 8
#7..
- 303 -
CFD Funds CFD-019 Fairmont Point II 28,300 24,276 $1,081.76 $12,981.12 CFD Funds CFD-020 Atherton Place 37,620 27,834 $1,175.20 $14,102.40 CFD Funds CFD-021 Village Highlands 4-5 16,100 23,620 $713.16 $8,557.92 CFD Funds CFD-022 Village Highlands 6 (Roundabout) - 70 $5.00 $60.00 CFD Funds CFD-023 Village Highlands 6 2,954 42,200 $595.61 $7,147.32 CFD Funds CFD-024 Windmere (2-Roundabouts, 1-Median) 24,500 12,036 $481.93 $5,783.16 CFD Funds CFD-025 Fernwood 2,3 9,800 14,700 $504.09 $6,049.08 CFD Funds CFD-026 Legends 9,800 10,500 $267.77 $3,213.24 CFD Funds CFD-027 Legends (Roundabout) - Incl. $0.00 $0.00 CFD Funds CFD-028 Millbrook 1,200 13,900 $296.14 $3,553.68 CFD Funds CFD-029 Lawsons Twenty 6,090 9,420 $304.18 $3,650.16 CFD Funds CFD-030 Legends Village 4-5 6,500 6,750 $174.78 $2,097.36 CFD Funds CFD-031 Olympic Park 4 2,500 3,400 $115.71 $1,388.52 CFD Funds CFD-032 Davante Villas plus Roundabout 14,925 23,025 $744.27 $8,931.24 CFD Funds CFD-033 Davante Villas - 7,500 $147.09 $1,765.08 CFD Funds CFD-034 Charleston Place (Center Court) - 22,000 $431.46 $5,177.52 CFD Funds CFD-035 Roselle Median Strip (Center Ct.) 7,900 13,500 $419.69 $5,036.28 CFD Funds CFD-036 Renaissance - 100 $5.00 $60.00
CFD Funds CFD-037 Bellhabour Streetscape V-1 3,500 2,300 $113.75 $1,365.00 CFD Funds CFD-038 Fine Ave. Streetscape V-1 8,700 5,000 $281.88 $3,382.56 CFD Funds CFD-039 Sienna (Sequoia Estates) 6,000 6,000 $235.34 $2,824.08 CFD Funds CFD-040 Palisades (Sierra View) 6,000 3,600 $188.27 $2,259.24 CFD Funds CFD-041 Nottingham (Bradley Estates) 6,000 3,600 $188.27 $2,259.24 CFD Funds CFD-042 Adriana 4,000 2,000 $79.14 $949.68
CFD Funds CFD-043 SSP, Lot - 400 $10.00 $120.00
CFD Funds CFD-044 2500 Sylvan/Terrazo 4,300 5,300 $197.52 $2,370.24 CFD Funds CFD-045 Bellharbour & Addition 6,700 3,900 $207.89 $2,494.68 CFD Funds CFD-046 Brooks Landing – Turf Strip 1,200 - $23.53 $282.36 CFD Funds CFD-047 Burkshire Estates/Burkshire II 1,200 9,000 $200.04 $2,400.48 CFD Funds CFD-048 Caden 8,500 - $223.73 $2,684.76
CFD Funds CFD-049 Cambrooke Estates 2,500 - $51.44 $617.28 CFD Funds CFD-050 Central Basin-Merle L/S Wall 1,400 2,265 $71.88 $862.56 CFD Funds CFD-051 Dermond 15,000 11,700 $523.64 $6,283.68 CFD Funds CFD-052 Enochs Medians/Overpass 35,000 - $628.41 $7,540.92 CFD Funds CFD-053 Falling Leaf 5,700 2,600 $109.48 $1,313.76 CFD Funds CFD-054 Floyd Shrubs - 42,000 $554.01 $6,648.12 CFD Funds CFD-055 Floyd / Fine Streetscape 27,000 25,500 $692.51 $8,310.12 Grover #108650, Amended Site List P.6 of 8
#7..
- 304 -
CFD Funds CFD-056 Floyd / Fine to Roselle 51,325 65,980 $1,704.43 $20,453.16 CFD Funds CFD-057 Floyd from Roselle to Oakdale 36,000 73,375 $2,608.62 $31,303.44 CFD Funds CFD-058 Freedom Park 211,000 16,051 $1,587.75 $19,053.00 CFD Funds CFD-059 Graham Estates 3,500 - $92.12 $1,105.44 CFD Funds CFD-060 Hillglen/Caden 18,000 - $473.78 $5,685.36 CFD Funds CFD-061 La Force 42,575 22,100 $1,859.44 $22,313.28 CFD Funds CFD-062 Lincoln Oak Streetscape 17,000 9,500 $593.97 $7,127.64 CFD Funds CFD-063 Merle Addition 1,500 - $29.42 $353.04 CFD Funds CFD-064 Merle Roundabout - 300 $10.00 $120.00 CFD Funds CFD-065 Orchard Park 6,000 3,400 $247.42 $2,969.04 CFD Funds CFD-066 Pinnacles Sunrise Subdivision 17,500 17,000 $619.44 $7,433.28 CFD Funds CFD-067 Roselle Lawn/Floyd/Roundabout 35,000 18,000 $951.60 $11,419.20 CFD Funds CFD-068 Roselle/Kodiak/Lincoln Oak 23,000 28,000 $1,143.10 $13,717.20 CFD Funds CFD-069 Sanders Park 202,800 58,400 $1,791.72 $21,500.64 CFD Funds CFD-070 Sharon Extension 2,200 - $45.27 $543.24 CFD Funds CFD-071 Temescal 11,200 4,000 $340.69 $4,088.28 CFD Funds CFD-072 Thomas Terrace Wall/LS 450 1,225 $75.00 $900.00 CFD Funds CFD-073 Hatch Wall & Rancho Encantado - 38,500 $643.70 $7,724.40 CFD Funds CFD-074 Rancho Encantado Bike Path 15,000 37,000 $962.05 $11,544.60 CFD Funds CFD-075 Fairview Park 167,223 15,000 $1,088.38 $13,060.56 CFD Funds CFD-076 Coffee Claratina Park 260,203 50,558 $2,087.73 $25,052.76 CFD Funds CFD-077 Claratina/Lifescape Wall - 112 $50.00 $600.00 CFD Funds CFD-078 Enterprise Business Park/Wall - 2,875 $175.19 $2,102.28 LMAD Funds DC-001 Claus Wall - 2,850 $89.82 $1,077.84
LMAD Funds DC-002 Creekwood Wall – Yosemite - 15,800 $497.97 $5,975.64 LMAD Funds DC-003 Creekwood Wall – Claus - 17,224 $542.85 $6,514.20 LMAD Funds DC-004 Creekwood Medians - 1,575 $49.64 $595.68 LMAD Funds DC-005 Claus Rd Overpass at Creekwood - 17,230 $543.04 $6,516.48 LMAD Funds DC-006 Claus Rd Wall - 38,046 $1,199.09 $14,389.08 LMAD Funds DC-007 Yosemite Wall - 360 $11.35 $136.20
LMAD Funds DC-008 756 Codington (Shrub Area) Wall - 444 $13.99 $167.88 CFD Funds *CFD-079 Rose Villas Park Basin - $3,395.00 $40,740.00 CFD Funds *CFD-080 Sylvan/Litt (New Section) - $2,375.00 $28,500.00 CFD Funds *CFD-081 Kaiser/Dale (Frontage Strip) - $1,575.00 $18,900.00 CFD Funds *CFD-082 Healthcare Way Ext. (ES of Dale) - $795.00 $9,540.00 CFD Funds *CFD-083 Roselle between Kodiak & Hillglen - $3,325.00 $39,900.00 CFD Funds *CFD-084 Lincoln Oak Shrub Addition - $650.00 $7,800.00 Grover #108650, Amended Site List P.7 of 8
#7..
- 305 -
Total Change for CFD/LMAD Funds: $12,115.00 $145,380.00 Monthly Limit Annual Limit
New Total for CFD/LMAD Funds: $56,304.32 $675,651.84

MISCELLANEOUS CITY & ENTERPRISE SITES
SITE NO. NAME Turf Sq Ft Planters Sq Ft Annual Cost
Transp Ctr Fund TS-001 Transportation Center - 18,399 $918.78 $11,025.36 Transp Ctr Fund TS-002 Amtrak Station 2,700 19,000 $892.19 $10,706.28 GenFund-MPD PD-001 Old Police Department Parking Lot - 400 $19.97 $239.64 GenFund-MPD PD-002 New PD Parking Lot - 800 $39.95 $479.40 GenFund-MPD PD-003 New PD Planters - 3,839 $191.70 $2,300.40 Parking Fund G-001 11th St. Garage; eliminated 1/26/17 $18.18 $218.16 Parking Fund G-002 9th St. Garage - 4,200 $209.73 $2,516.76 Parking Fund LOT-001 Centre Plaza Surface Lot 895 3,121 $200.54 $2,406.48 Parking Fund LOT-002 Library Parking Lot - 2,857 $142.67 $1,712.04 Parking Fund LOT-003 McDonalds Parking Lot - 3,239 $161.74 $1,940.88 Parking Fund LOT-004 9th & I Parking Lot - 338 $16.88 $202.56 Parking Fund LOT-005 Centre Plaza Parking Lot - 925 $46.19 $554.28 Parking Fund LOT-006 10th & H St. lot; eliminated 1/26/17 $51.98 $623.76 GenFund-PRND P-079 Gallo Memorial Park (McClatchy Square) 3,820 2,861 $845.76 $10,149.12 GenFund-PRND LOT-012 McHenry Museum 3,000 2,340 $129.04 $1,548.48 GenFund-PRND LOT-012 McHenry Mansion 10,300 8,800 $461.54 $5,538.48 Bldg Svcs Fund BS-001 McClure Country Place; Moved to Parks $161.44 $1,937.28 ComCenter Fund-PRND *LOT-A-101 Modesto Centre Plaza Lot $795.00 $9,540.00 Fleet Mgmt Fund *BMF Bus Maintenance Facility $575.00 $6,900.00 Total Change for Miscellaneous City & Enterprise Sites: $1,138.40 $13,660.80 Monthly Limit Annual Limit
New Total for Miscellaneous City & Enterprise Sites: $6,785.08 $81,420.96 FIVE-YEAR SPENDING LIMIT FOR AGREEMENT #108650: $9,584,471.72 AMENDED FIVE-YEAR SPENDING LIMIT FOR AGREEMENT #108650: $10,814,213.00 Annual Cost
Faithful Performance Bond $2,550.00
Payment Bond $2,550.00
Grover #108650, Amended Site List P.8 of 8
#7..
- 306 -
#7..
- 307 -
#7..
- 308 -
#7..
- 309 -
#7..
- 310 -
#7..
- 311 -
#7..
- 312 -
#7..
- 313 -
#7..
- 314 -
#7..
- 315 -
#7..
- 316 -
#7..
- 317 -

AGREEMENT
This Agreement for landscape services, made and entered into in the City of Modesto, · State of California, this 25th day of October, 2016, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Grover Landscape Services, Inc., Modesto, CA, hereinafter called CONTRACTOR, The CITY and the CONTRACTOR shall be collectively referred to as the "parties."
W IT NE S S ETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2016-436 authorizing the award of proposal and contract for the furnishing of landscape maintenance services, attached hereto as Exhibit "A" and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit "B" and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into a separate agreement for the furnishing of landscape maintenance services as described in RFP No. 1516-25, attached hereto as Exhibit "C" and made a part hereof, and
NOW , THEREFORE, the parties hereto mutually agree as follows:

I. SCOPE OF WORK:
a. CONTRACTOR shall perform services as specified in Exhibit "C", and in strict accordance with the conditions of this Agreement, including any exhibits attached hereto.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
#7..
- 318 -
c. CONTRACTOR will perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry .. d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.
e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR will pay prevailing wages and keep certified payroll for the duration of the contract, and maintain the certified payroll records for three (3) years after completion of the contract
g. CONTRACTOR shall furnish the work for the estimated annual contracted amount of: $1,670,589.84.

SITE NO.
;:;,, .. ·,\ ;. ·:·,·,•,
P-001
P-002
P-003
P-004
P-005
P-006
P-007
P-008
P-009
P-010
P-011
P-012
P-013
P-014
P-015
P-016
P-017
P-018
P-019
Contractor's Bid

PARK NAME
>··<·· •·····•·• •·/• ·'·•' ·,•/', •,;:;}it\:

Albe1ta Ma1tone Tot-Lot
Aaueduct
Ashbv
Beard brook
Beyer
Brookway
Chabot Comt
Chavez
Chrysler 99
Chrysler
Coleman F. Brown
Creekwood
Davis
Downev & Annex
E. La Loma
Eisenhut
Elk
Everett
Fairwav Soccer
Desired Service
Acreage Level
-;,.,_;,: :,,_: .. ,
.
-
.·::•i, �>;,,:->
t,f_,,;;)f.'-'- -,· ,_.;·, '-· . .-:-,i.\/-:";.;·, ·,: ··,'i,:.S!;. <. \/:'i;;,-/,i •'lf•.'<f .

0.50 5.14

0.76 11.43

20.00 0.70

0.10 6.03

6.13 6.64

5.23 5.00

17.50 . 21.00

16.20 5.37

1.15 4.57

7.22 2
$254.07
$933.75
$227.09
$2,036.58
$3,522.23
$209. 16
$50.81
$1,007.88
$1.113.59
$1,206.24
$993.64
$1.001.74
$2,766.59
$3,704.17
$2,839.06
$975.53
$206.93
$830.20
$1,206.78
#7..
- 319 -
P-020 Floyd #2 (Brewer Rose)
P-021 Garrison
P-022 Gateway Village (City Gate)
P-023 Graceada
P-024 Grogan Community(Soccer)
P-025 Hetch-Hetchy Bike Path
P-026 John Muir
P-027 Kewin
P-028 Lakewood
P-029 Mark Twain
P-030 McKinnev Colonv
P-031 Mellis
P-032 MID Lateral #2
P-033 Mildred Perkins
P-034 Monterosso
p,035 Moran
P-036 Muncy
P-037 Orchard
P-038 George Rogers
P-039 Patricia Lane
P-040 Pierre
P-041 Pike
P-042 Ralston Tower
P-043 Revard
P-044 Riverside
P-045 Robe11son Road
P-046 Roosevelt
P-047 Rose
P-048 Sharp
P-049 Sherwood
P-050 Sipherd
P-051 Sonoma
P-052 Stockard Coffee
P-053 Sutter
P-054 Sylvan
P-055 T.B. Scott
P-057 Thurman Soccer
P-058 Virginia Corridor Phase 2
P-059 Virginia Corridor Phase 3
P-060 Virginia Corridor Phase 4
P-061 Virginia Corridor Phase 5
P-062 Virginia Corridor Phase 6
P-063 Whitmore
P-064 Woodrow
. -__ ·-.-. ·-- . ·'
-
. _- ,'-. . '. ... _,_ . >.: _.,
_., ',
_
_ '
' .
3 .
·•
...
.
.. · .. .

9. 16

6.21 1.20

8.96 39.00

33.00 2.94

8.80 4.98

7.58 5.30

9.21 1.78

6. 12

0.38 2.77

3.40 11.00

3.27 0.27

0.54 6.23

0.75 3.59

12.00 6.74

8.54 4.56

5.93 6.21

5.36 4.99

4.72 3.82

5.22 2.6

4.19 7.94

1.12 5.06

1.52 3.91

5.33 4.93
$1,930.07
$98 I. 74
$358.57
$1,612.22
$4,570.02
$692.88
$878.49
$1,542.20
$868.74
$1,486.4 I
$953,66
$1,539.40
$356.62
$1,101.20
$329.27
$485.44
$617.65
$1,940.28
$573.07
$137.20
$274.40
$984.91
$224.11
$626.26
$2,404.17
$1,126.55
$1,350.10
$804.33
$1,162.85
$1,083.3 I
$935.03
$870.48
$831.25
$666.38
$919.30
$455.65
$700.33
$326.96
$1,595.89
$513.80
$1,401.27
$2,335.45
$842.62
$779.39
• .
.
..
#7..
- 320 -
Planters
Turf Sq. Sq. Desired Service
SITE NO. PARK.NAME Footage Footage Level
ROW-001 Bluegum EB, Poust to Rosemore
Wall 7,539 $135.47
ROW-002 Bluegum EB, Morse to Poust Wall 2,445 $43.94
ROW-003 Bluegum WE, Poust to Morse Wall 1,350 $24.26
ROW-004 Bluegum Medians (3) 5,390 $96.86
ROW-005 Briggsmore Sunrise Av I 0,500 $188.68
ROW-006 FoodMax Planter 12,000 $82.32
ROW-007. Krispy Creme Planter 43,275 $777.63
ROW-008 Winning Street Closure 135 $8.00
ROW-009 Bronson Street Closure 900 $8.00
ROW-010 Carlton Street Closure 180 $8.00
ROW-011 Briggsmore Fence/Wall 39,300 $706.20
ROW-012 Calle De Rosa Street Closure 330 $8.00
ROW-013 Elmhurst Street Closure 1,296 $8.00
ROW-014 Carpenter/Houser Wall 2,155 $38.72
ROW-015 Carpenter/Ehn Wall 1,010 $18.15
ROW-016 Carpenter Rd Medians 6,778 $121.80
ROW-017 Claus NB Orangeburg to Parker 8,725 $175 .00
ROW-018 Claus Rd/Yosemite Wall 14,240 $497.97
ROW-019 Cummins Dr at Carpenter 192 $3.45
ROW-020 Cummins Dr at Bluegum 1,929 $34.66
ROW-021 Hatch EB 75,891 $1,363.72
ROW-022 Hatch WB 31,890 $573.05
ROW-023 I Street Medians 4000 $71.88
ROW-024 I Street E/side 950 $17.07
ROW-025 I Street W /side 950 $17.07
ROW-026 Kansas Wall 3245 $58.31
ROW-027 Lakewood SB, Orangeburg to
Middleborro 1500 $26.95
ROW-028 Lakewood Wall 1325 $23.81
ROW-029 Lincoln Wall, north 1905 $34.23
ROW-030 Lincoln Wall, south 3715 $66.76
ROW-031 Morse Wall 8ft. Sidewalk 49940 $897.39
ROW-032 Muriel Street Closure 96 $8.00
ROW-033 Oakdale Wall 6300 $113.21
ROW-034 Paradise Wall 13000 $233.60
ROW-035 Parker/Boyette Wall 4000 $71.88
ROW-036 Prescott/Vernon Wall 9345 $167.92
ROW-037 Prescott Wall 7580 $136.21
ROW-038 Sandburg Street Closure 58 $8.00
ROW-039 Scenic/Brighton Wall 225 $4.04
ROW-040 Scenic Wall 16000 $287.51
4 #7..
- 321 -
ROW-041
ROW-042
.

ROW-043
ROW-044
ROW-045
ROW-046
ROW-047
ROW-048
ROW-049
ROW-050
ROW-051
ROW-052
RQW-053
ROW-054
ROW-055
ROW-056
ROW-057
ROW-058
ROW-059
ROW-060
ROW-061
ROW-062
ROW-063
ROW-064
:,,/tt:, .... ··
TRRP-01
TRRP-02
TRRP-03
TRRP-04
TRRP-05
'.';!fr'):;,:,.:

CFD-001
CFD-002
CFD-003
CFD-004
CFD-005
CFD-006
CFD-007
CFD-008
CFD-009
Scenic WB, Springcreek to
Cedarbrook
Sisk - Target Ctr. (Ethan Allen)
Median
Sisk- Target Ctr. (Ethan Allen) Wall
Standiford Medians -Dale to Prescott
Standiford - Landscaped Medians (3)
Standiford Av, WB
Sylvan Av, EB
Svlvan Av, WB
Tennyson Street Closure
Whitmore WB
Briggsmore & Rose
Senior Citizen Center
Scenic Bend
El Rio Median
La Loma Roundabout
Santa Barbara Point
Sunrise and Bodem Point
La Loma Point
Needham/ L / 14th
Needham & 13th
Needham & 14th
Needham& K
Paradise & Tuolumne
3'd & Washington NEAT
', __ - . ,_. '::: .
:.�' •. -::·:�_-·._;_, ), -,'.,,-:'�- <: : . .;,:,; •·,::"-:_,:,::1 Bellenita Park
Legion Park
Legion Hall
Mancini Park
Tuolumne Regional Park
.. : .
.
·
. ........ f.".i'' - ,_ -
·.·•. , .. ,-.

Twin Ponds - South Basin
Twin Ponds - N011h Basin
Pelandale to Snyder Redwood Planter
Pelandale to Snyder Landscape Wall
Pelandale Wall, North Point to
Prescot
Carver/Bangs
Carver/Bangs
Carver/Bangs
Pelandale-Snyder/Carver Bangs
1,285 $23.09
4,555 $81.85
12,352 $221.96
540 $9.70
40,200 $722.37
1465.00 $26.33
15,893 $285.59
11,090 $199.28
425 $8.00
5,272 $94.73
11,300 $203.05
1,922 8,563 $763 .03
13,000 $233.60
5,000 $89.85
5,531 $99.39
11,750 0 $137.07
22,801 $271.12
. 8,400 $97.99
2,100 705 $310.84
360 $39.89
450 $49.87
2,925 785 $411.12
2,611 $30.46
1,220 $14.23
·1?, ::_>-: ,-, .. :' ,: �:.:, ,--_,, Cc·-_ ','· i· .. .: ·•···�/ . 154,276 $591.97
339,768 $694.90
4,700 3,900 $35 .18
478,100 1,710 $1,962.63
544,500 29,266 $2,346.95
.
•• ·.•):"{'·, .• , ::.· .. ·,;_; •.·. ,<.: '"'•};.· '; . .
... ,, .... ·+:;;;
6,300 $111.63
35,170 $623.16
2,640 $46,78
6,457 $114.41
2,905 $51.47
14 256 21,106 $626.56
125 2,795 $51.74
21,762 $385.59
2,550 $45.18
5 #7..
- 322 -
CFD-010 Pelandale-Snyder/Carver Bangs 5,685 $100.73
CFD-011 Chateau Provence 24,705 21,035 $810.44
CFD-012 Costco Medians 8,440 $149.54
CFD-013 Chapman Medians 2,240 $39.69
CFD-014 Ustach Basin 318,820 32,615 $2,099.04
CFD-015 Ustach Park 323,026 48,545 $2,219.31
CFD-016 Wild Flower 12,054 19,320 $825.80
CFD-017 Symphony Park 10,920 18,000 $595.03
CFD-018 Silverado 30,190 24,297 $1,121.08
CFD-019 Fairmont Point II 28,300 24,276 $1,081.76
CFD-020 Atherton Place 37,620 27,834 $1,175.20
CFD-021 Village Highlands 4-5 16,100 23,620 $713.16
CFD-022 Village Highlands 6 (Roundabout) 70 $5.00
CFD-023 Village Highlands 6 2,954 42,200 $595.61
CFD-024 Windmere (2-Roundabouts, 1-
Median) 24,500 12,036 $481.93
CFD-025 Fernwood 2,3 9,800 14,700 $504.09
CFD-026 Legends 9,800 10,500 $267.77
CFD-027 Legends (Roundabout) Incl. $0.00
CFD-028 Millbrook 1,200 13,900 $296.14
CFD-029 Lawsons Twenty 6,090 9,420 $304.18
CFD-030 Legends Village 4-5 6,500 6,750 $174.78
CFD-031 Olympic Park 4 2,500 3,400 $115.71
CFD-032 Davante Villas plus Roundabout 14,925 23,025 $744.27 CFD-033 Davante Villas 7,500 $147.09
CFD-034 Charleston Place (Center Court) 22,000 $431.46
CFD-035 Roselle Median Strip (Center Ct.) 7,900 13,500 $419.69 CFD-036 Renaissance 100 $5.00
CFD-037 Bellhabour Streetscape V-1 3,500 2,300 $113.75
CFD-038 Fine Ave. Streetscape V-1 8,700 5,000 $281.88
CFD-039 Sienna (Sequoia Estates) 6,000 6,000 $235.34
CFD-040 Palisases (Sierra View) 6,000 3,600 $188.27
CFD-041 Nottingham (Bradley Estates) 6,000 3,600 $188.27 CFD-042 Adriana 4,000 2,000 $79.14
CFD-043 SSP, Lot 400 $10.00
CFD-044 2500 Sylvan/Terrazo 4,300 5,300 $197.52
CFD-045 Bellharbour & Addition 6,700 3,900 $207.89
CFD-046 Brooks Landing - Turf Strip 1,200 $23.53
CFD-047 Burkshire Estates/Burkshire II 1,200 9,000 $200.04 CFD-048 Caden 8,500 $223.73
CFD-049 Cambrooke Estates 2,500 $5 I .44
CFD-050 Central Basin-Merle LIS Wall 1,400 2,265 $71.88 CFD-051 Dermond 15,000 11,700 $523.64
CFD-052 Enochs Medians/Overpass 35,000 $628.41
CFD-053 Falling Leaf 5,700 2,600 $109.48
6 #7..
- 323 -
CFD-054 Floyd Shrubs .. ·-··
CFD-05.5 Floyd/Fine Streetscape 27,000
CFD-056 Floyd I Fine to Roselle 51,325
CFD-057 Floyd from Roselle to Oakdale 36,000
CFD-058 Freedom Park 211,000
CFD-059 Graham Estates 3,500
CFD-060 Hillglen/Caden 18,000
CFD-061 La Force 42,575
CFD-062 Lincoln Oak Streetscape 17,000
CFD-063 Merle Addition 1,500
CFD-064 Merle Roundabout
CFD-065 Orchard Park 6,000
CFD-066 Pinnacles Sunrise Subdivision 17,500
CFD-067 Roselle Lawn/Floyd/Roundabout 35,000
CFD-068 Roselle/Kodiak/Lincoln Oak 23000
CFD-069 Sanders Park 202,800
CFD-070 Sharon Extension 2,200
CFD-071 Temescal 11,200
CFD-072 Thomas Terrace Wall/LS 450
CFD-073 Hatch Wall & Rancho Encantado
CFD-074 Rancho Encantado Bike Path 15,000
CFD-075 Fairview Park 167,223
CFD-076 Coffee Claratina Park 260203
CFD-077 Claratina/Lifescape Wall
CFD-078 Enterprise Business Park/Wall

1.>:.:\t'i? 'Ji . :./.··•, •:. .·.·. '·:,::/t}': h .,,.,:•\F'•:;;/':

DC-001 Claus Wall
DC-002 Creekwood Wall - Yosemite
DC-003 Creekwood Wall - Claus
DC-004 Creekwood Medians
DC-005 Claus Rd Overpass at Creekwood
DC-006 Claus Rd Wall
DC-007 Yosemite Wall
DC-008 756 Codington (Shrub Area) Wall
:•\>' c. :, " :.:\x · .. .... :., ,;. \i''·· .. { :': ·C:'\<• .. i .:, TS-001 Transportation Center
TS-002 Amtrack Station 2700
42,000 $554.01
- 25,500 $692.51
65,980 $1,704.43
73,375 $2,608.62
16,051 $1,587.75
$92.12
$473.78
22,100 $1,859.44
9,500 $593.97
$29.42
300 $ 10.00
3,400 $247.42
17000 $619.44
18,000 $951.60
28,000 $1,143.10
58,400 $1,791.72
$45.27
4,000 $340.69
1,225 $75.00
38,500 $643.70
37000 $962.05
15,000 $1,088.38
50,558 $2,087.73
112 $50.00
?.875 $
]� .,.
.. ?;, •.••.. , ... ,
2,850 $89.82
15,800 $497.97
17,224 $542.85
1,575 $49.64
17,230 $543.04
38,046 $1,199.09
360 $11.35
444 $13.99
,:f/).•i)',( :' i!}cf :;>Z:"0:
18,399 $918.78
19,000 $892. 19
"t[/ii:: > . ' . :• . ·- -:' .'. .. ··· "''' ·:,, .. ·.Co' :": ·,;s,, . ,, .,.',:,,, , ..... : ., \,-,, ,,J•· ... ·,.

PD-001
PD-002
PD-003
. ::, .. · .'i
LOT-001
LOT-002
LOT-003
Old Police Department Parking Lot
New PD Parking Lot
New PD Planters
'
. . . •·
Centre Plaza Surface Lot
Library Parkin� Lot
McDonalds Parking Lot
' ·_ : }:>• ·: · .
7 400 $]9.97,
800 $39.95
3,839 $191.70
.. ' . ·• . : ·: ... · •··: :.+ ·· c': .. ,, ' ",-' ., , .. 895 3,121 $200.54
2,857 $142.67
3,239 $161.74
#7..
- 324 -
LOT-004
LOT-005
LOT-006
9 th & I Parking Lot
Centre Plaza Parking Lot
10th & H St. lot
------1
-
-
338 $16.88
925 $46.19
1,041 $51.98
. ,.,, ,,.,.,.,, ;>''( .'· .. . : ,,,, . ; . ·, ' ., '. . ' .... •. . . _ :,. _ :;' . ' --.
. ·'·. :ci:. ,;- . .· . ..
- ·, ·:; .
. �-::,-,-_;-,::::

G-001
G-002
11th St. Garage
9 th St. Garage
'.',(/'.]/·,·.,,,., ;-.-. -.... .:-,._·. '. - :
.
-.-.:: __ -. . _-
·
,
::·,:: ;..,;,
-
:•.
· . :.-
.
·
.
"
:
.,.
:
_:. ·_
. ·:: .. ::_ ..
. . ·.- '· >· .-_ . •., ·'-. ."--,,,,
P-079 Gallo Memorial Park (McClatchy
Square)
LOT-012 McHenry Museum
LOT-012 McHenry Mansion
BS-001 McClure Country Place
364 $18.18
4,200 $209.73
: ..
.. _-_ _ ·::
3,820 2,861 $845.76
3,000 2,340 $129.04
10,300 8,800 $461.54
20,000 15,000 $161.44
I ' .< ,., . ,.,,;;·',''' -
, ·:_,;= ;:.·': ....
·
.·
: ... ... . . ·
. '. , _·•.· _ .:;, -., - -;\<<; = ·-'-: ,_ -. r_
\:.:;:

SR-076 Kansas Overpass
SR-077 Bowen Roundabouts .

SR-078 Briggsmore Overpass NW
SR-079 Briggsmore Overpass SW
SR-080 Briggsmore Orangeburg SE
SR-081 Encina Medians
Total Monthlv Cost
Total Annnal Cost
5-Year Total Cost
Faithful Performance Bond Annual
Cost
-W'tJ1r;n• Pa ment Bond Annual Cost
.·•.NNffeir';,,,. .�?r·J}f
,
1 ;�.1·:..

Irri11:ation Reoairs Hourly Rate
Miscellaneous Work Assignments
Hourlv Rate

2. CITY REPRESENTATIVE;
The CITY Representative for this project is:
31,000 $1,113.75
600 $ I 5.78
10,000 $359.27
6800 $244.31
8,000 $287.42
1,000 $19.97
$139,215.82
$1,670,589.84
$8,352,949.20
$2,550.00
<1''1 (;:Cf\(\(\
. .. ,.. ' ';
!
ti',�,){ , .. ·',;:.,.fY';Ii'i''T ',': , . ' ,, .·.·::.: _.'. ti
$60.00
$60.00
Kelly Gallagher Ph: (209) 342-2270
The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or 8 #7..
- 325 -
method of shipment. Changes of a contractual or business nature shall be effected only by written . change to the contract, issued by the City of Modesto, Purchasing Division.

3. TERM OF CONTRACT:

The term of the contract shall be for a period of five (5) years.

Initial Term: Notice to proceed through October 24, 2019 Year 4: October 25, 2019 through October 24, 2020
Year 5: October 25, 2020 through October 24, 2021
Pricing shall remain firm for the first three (3) years of the contract.

Pricing shall be negotiated on a year-by year basis, starting in the fourth year of the contract, sixty (60) days prior to the contract annual anniversary date, and shall be negotiated through the Purchasing Division.

The parties agree that the CITY shall have the sole and exclusive right to renegotiate the contract for an additional five (5) year period. At least three hundred and sixtyfive (365) days prior to the expiration date of the initial contract term, the CITY shall give written notice to the CONTRACTOR to begin negotiating a possible five (5) year extension, under new terms and provisions, or shall advise the CONTRACTOR that services shall be terminated at the expiration date of the initial contract term. In the event CITY provides no such notice to the CONTRACTOR, the parties agree that the initial contract shall terminate on October 24, 2021.

4. GENERAL INFORMATION: The CONTRACTOR shall furnish the CITY within fifteen (15) days after approval of the contract, a work schedule showing the proposed dates and time of work for the locations.

The CONTRACTOR shall accomplish all of the work at the minimum standards 9 #7..
- 326 -
as defined in Exhibit C. Turf and plant material shall be maintained in a healthy, well-groomed condition, and all areas shall be kept weed and debris free to the degree that the service levels permit. Turf maintenance shall consist of mowing, trimming, aerating, fertilizing, pest control and any other procedures consistent with good horticultural practices, to ensure normal, vigorous, aesthetically pleasing and healthy growth of turf areas.

The CITY may, at its discretion, advise the CONTRACTOR to increase or decrease service levels or locations. Any adjustments shall be made by written change order to the scope of work, and shall include adjustments to the contractual price and schedules based on the negotiated price.

5. EQUIPMENT: Beginning on the effective date of the contract, the CONTRACTOR shall provide, at their expense, all necessary equipment to perform all tasks required in the contract.

If at any time after the first year of the term of the contract, and prior to the expiration of the contract, or any extension thereof, or if the contract is terminated by either party, pursuant to the rights of termination, the CITY shall have the right, but not the duty, to purchase from the CONTRACTOR, any of the equipment owned by the CONTRACTOR that is used to service the contract. The CITY's purchase price for any of said equipment shall be at the equipment's fair market value on the date of the notice oftennination.

The CONTRACTOR shall, at all times, furnish and maintain equipment necessary to perform all of the work under any resulting contract. If the equipment breaks down, the CONTRACTOR shall be responsible to complete the work within twenty-four (24) hours. If the CONTRACTOR is unable to complete the work within that time period, the CITY shall deduct the applicable portions, pro-rata, from the payment to the CONTRACTOR. 10 #7..
- 327 -

6. MATERIALS AND EQUIPMENT: Material�shalLinclude, but are not limited to the following:

A. All necessary gas, oil and parts for all equipment.

B. All necessary fe1tilizers and pesticides.

C. All necessary horticultural supplies and plant materials.

D. All necessary irrigation repair parts and components.

E. All required licenses and certificates.

7. WORK SCHEDULE: The CONTRACTOR shall schedule landscape maintenance Monday through Friday, from the hours of 7:00 AM. to 4:00 P.M., excluding all major holidays.

Deviation from this schedule shall not be permitted without the written permission of the Technical Liaison or his designated representative. The CONTRACTOR' s activities shall in no case interfere with recreational programs, organized leagues, or other CITY sanctioned activities.

From time to time, the CITY may conduct improvement projects, maintenance and repairs, or other construction, at sites described in this proposal. The CONTRACTOR shall cooperate with the CITY, or its agents, while said work is underway.

8. WORKMANSHIP AND QUALITY: All work shall be performed by experienced landscape and gardening professionals, directly employed and supervised by the CONTRACTOR. The CONTRACTOR shall provide management and technical supervision through a qualified and competent foreman, as required to implement modern methods and newly developed hmticultural procedures.

The CONTRACTOR shall be responsible for the skills, methods and actions of all of their employees and for all of the work done by the CONTRACTOR's personnel. The 1 1
#7..
- 328 -
CONTRACTOR shall work directly __ with the CITY's Technical Liaison in determining the quality of the work being performed. The CONTRACTOR shall give personal supervision to the work performed and shall be available for consultation with the Technical Liaison or his designated representative.

9. REPORTING PROBLEMS: The CONTRACTOR shall be a CITY a primary contact with park users and neighbors, and as such, the CONTRACTOR shall make every effort to CITY respond to the users and neighbors in a professional and attentive manner. When a park user or neighbor brings an issue to the CONTRACTOR that is not part of the CONTRACTOR's formal responsibility, the CONTRACTOR shall inform the Technical Liaison of the issue in a timely manner.

10. REPORTING WORK: The CONTRACTOR's Manager shall meet with the Technical Liaison on a monthly basis, and at other times that may be required by the Technical Liaison, to review the CONTRACTOR's performance of the contract, and to discuss any problems or matters as determined by the Technical Liaison. Additionally, the CONTRACTOR, or their designated representative, shall meet on a weekly basis with the Technical Liaison, to review landscape conditions and park use schedules, to ensure that public use of the parks is not interfered with.

11. CORRECTIVE WORK: The CONTRACTOR shall perform the work described herein, under the direction and satisfaction of the Technical Liaison, or his designated representative. The Technical Liaison or his designated representative, may make inspections of the work at any time, and request the CONTRACTOR make corrections to any work that does not meet the standards outlined in this RFP. If corrective work is required, the CITY shall provide the CONTRACTOR with a written list of items that need correcting, and the CONTRACTOR shall 12 #7..
- 329 -
make the necessary corrections within forty-eight ( 48) hours. If the corrections are not made, the CITY shall deduct those applicable portions, pro-rata, from the CONTRACTOR's payment. repeated failures to provide services at the standards stated in these specifications, or failure to respond to requests for corrective work, may result in the termination of the contract.

12. CONTRACTOR MARKUP: The CONTRACTOR may apply a markup of tenpercent (10%) on all parts, components or materials used in the furnishing of services and repairs.

The markup shall be applied to the CONTRACTOR's landed cost, plus sales tax on the landed cost less any earned discounts. The CONTRACTOR shall provide the CITY with a copy of all supplier invoices upon request.

13. RECORDS: The CONTRACTOR shall prepare a weekly maintenance repmi outlining the work to be performed for that week, and submit the report to the Technical Liaison.

In addition to this report, the CONTRACTOR shall submit a report to the Technical Liaison of all approved "extra work" to be done that week, listing the description of the work, including laborhours, equipment and material cost breakdowns used to accomplish the work performed. Except for emergencies acknowledged in writing by the Technical Liaison, payment for "extra work" shall not be authorized unless the Technical Liaison thereof, first approves the additional work, and costs.

The CONTRACTOR shall, within thirty (30) days from the "Notice to Proceed" date of the contract, prepare and submit a written annual maintenance schedule to the Technical Liaison.

This maintenance calendar shall clearly indicate all of the major maintenance tasks required in the contract, including the weeks of the year the tasks are scheduled to be performed. This calendar shall be prepared in coordination with all public reservations and special events. 13 #7..
- 330 -

14. EMERGENCY SERVICES: The CONTRACTOR shall provide the Technical Liaison with the names, telephone numbers and pager numbers of the Superintendent and two (2) qualified employees who have twenty-four (24) hour communication availability. CITY representatives may contact these employees when emergency maintenance conditions occur during hours when the CONTRACTOR's normal work force is not present.

15. CONTRACTOR'S EMPLOYEES: The CONTRACTOR shall employ sufficient, properly trained personnel, to perform all of the work outlined in RFP 1516-25. This shall include ISA certified Arborist, Licensed Pest Control Advisor, Certified Pest Control Applicators and Maxicom Level II System Operator. The CONTRACTOR's employees assigned to this contract shall be well groomed and dressed in a uniform that clearly identifies the employee's name and company. The CONTRACTOR shall provide sufficient supervisory personnel that can represent the CONTRACTOR at all times.

The CONTRACTOR's equipment shall also be easily identified as such.

16. STAFFING REQUIREMENTS:

A. CONTRACTOR shall provide, at all times, adequate and expert managerial and administrative supervision for its employees in the service area. CONTRACTOR agrees that all persons working for or on behalf of CONTRACTOR whose duties bring them upon the premises shall obey the rules and regulations that are established by the CITY and shall comply with the reasonable directions of its officers.

B. CONTRACTOR shall provide sufficient back-up in times of staff shortages due to vacations.

17. CONTRACTOR'S UNSATISFACTORY EMPLOYEES: Ifat any timethe CITY determines that any person employed by the CONTRACTOR providing maintenance 14 #7..
- 331 -
services under the contract requires corrective action, the CITY shall notify the CONTRACTOR who shall take immediate corrective action. The CONTRACTOR shall be solely responsible for the hiring, supervising, training, disciplinary actions and termination of their employees.

If any person employed by the CONTRACTOR fails or refuses to carry out the direction of the Technical Liaison, or appears to be incompetent, or acts in a disorderly or improper manner, that person shall be discharged immediately from the project on the request of the Technical Liaison or Purchasing Manager, and such person shall not again work on any CITY project.

18. CONTRACTOR EMPLOYEE UNIFORMS: All employees of the CONTRACTOR shall wear uniform-style shirts bearing the CONTRACTOR's business name while performing contracted services on CITY sites. Upon award of a contract, the CONTRACTOR shall furnish a list of their employees to the CITY Technical Liaison.

19. PARKS OUT OF OPERATION: In the event that any park is unusable for any reason, including acts of nature or vandalism, the Technical Liaison may declare, for purposes of maintenance, that an emergency condition exists and that the park(s) is out of operation. The Technical Liaison and CONTRACTOR shall then jointly determine what changes in the normal level of maintenance, if any, may be necessary,.including additional or reduction of hours oflabor and/or materials. The normal consideration shall be paid to the CONTRACTOR under the terms of the contract on a pro-rata basis, determined by the CITY, during the period of such emergency.

A decrease in consideration shall be calculated on the basis of value of labor and materials, which the CONTRACTOR does not have to expend as a result of an emergency condition.

20. AMENDMENTS: Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or CONTRACTOR to 15 #7..
- 332 -
modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discµssed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a written amendment is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

21. INDEPENDENT CONTRACTOR: All acts of CONTRACTOR, its agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employeremployee relationship or a joint venture.

CONTRACTOR, its agents, officers and employees are and, at all times during The terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. 16 #7..
- 333 -
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever.

It is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR's personnel.

As an independent contractor, CONTRACTOR hereby indemnifies·and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

22. REPORTING/REPAIRING VANDALISM: When the Contractor finds landscape vandalism, the CONTRACTOR shall immediately notify the Technical Liaison and the Technical Liaison shall either instruct the CONTRACTOR to do repairs or reserve repairs for CITY 17 #7..
- 334 -
CITY staff.

23. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies currently licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. The policies or certificates thereof shall provide that, 30 calendar days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by certified mail, return receipt requested, for all of the following stated insurance policies. (a) Worker's Compensation Insurance - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability Insurance - a minimum limit of liability per occurrence of$1,000,000 for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTORs and subcontractors; products and completed operations as applicable.
(c) Automobile Liability Insurance - a minimum limit of liability per occurrence of$1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

If at any time any of said insurance policies are unsatisfactory to the CITY, as to form or substance, or if an insurance company issuing such policy is unsatisfactory to the CITY, the 18 #7..
- 335 -
CONTRACTOR shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as herein required. Upon failure ofthe CONTRACTOR to furnish, deliver or maintain such insurance and certificates. as herein required, this Contract, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerningindemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker's Compensation. The Worker's Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR'S insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY Risk Manager. The CONTRACTOR must deliver certificates evidencing existence of the insurance listed above to the CITY Clerk at the time the Contract is signed.

CONTRACTOR shall provide CITY with separate endorsements evidencing proof of the CITY's additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONTRACTOR shall provide CITY with a Worker's Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONTRACTOR'S insurance coverage shall 19 #7..
- 336 -
be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it.

24. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

CONTRACTOR's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employeys harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

In the indemnity clause contained herein, CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third patty suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR's employees is apportioned to CONTRACTOR in accordance with the provisions contained herein.
20 #7..
- 337 -

25. BONDS.

The CONTRACTOR shall furnish CITY the following separate surety bonds:
a. Faithful Performance Bond. Within ten (10) days of the execution of this Contract and prior to commencement of work, the CONTRACTOR shall furnish a separate surety bond in an amount of$8,352,935, and shall be for the faithful performance of the contract, shall be approved by CITY, and shall be secured from a surety or sureties satisfactory to CITY. b. Payment Bond. Within ten (I 0) days of the execution of this Contract and prior to commencement of work, the CONTRACTOR shall furnish a separate surety bond in an amount of $8,352,935, as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.

The CONTRACTOR shall only be obligated for the cost of the bonds contained in the bid, which contemplated lower value bonds. The CITY has exercised its discretion, as provided in Section 2.7 of the General Terms and Conditions of the Request for Proposal, and CONTRACTOR agrees, that CONTRACTOR will obtain both bonds for the full value of the contract. CITY will pay the difference related to the costs of the Faithful Performance and Payment Bonds required herein and the cost of the bonds contained in the bid, attached hereto as Exhibit B.

26. PREVAILING WAGES: The payment of prevailing wages is required for maintenance under this contract and all provisions of Section 7.04 of the General Provisions contained within the CITY standards' shall apply ..
21 #7..
- 338 -
CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

27. CERTIFIED PAYROLL REQUIREMENT: For CONTRACTORS performing field work on public works contracts on which prevailing wages are required: The CONTRACTOR shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and/or subcontractors to comply with that section as may be required by law.

28. PAYMENT:

The CONTRACTOR shall invoice the CITY monthly in arrears. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the CITY, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal document.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
22 #7..
- 339 -

29. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable ( except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of excicution for its collection.

30. GOVERNING LAW.:

This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.
23 #7..
- 340 -

31. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management);
Executed Agreement;
a. Resolution No. 2016-436 attached hereto as Exhibit "A" and made a part hereof;
b. CONTRACTOR submittal, attached hereto as Exhibit "B" and made a part hereof;
c. RFP No. 1516-25 -Landscape Maintenance Services, attached hereto as Exhibit "C" and a part hereof;
d. Bonds;
e. CITY business license

32. TERMINATION OF CONTRACT.

Termination by CITY for Default of Contractor
Should CONTRACTOR default in the performance of this Contract or materially breach any of its provisions, at its option, CITY may terminate this Contract by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Contract shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft. Such termination shall be in accordance with Section 8.06 of the General Provisions ofCITY's Standard Specifications. c' 24 #7..
- 341 -
If this Contract is terminated, CONTRACTOR shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.

The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date. When these provisions contradict those found in the General Provisions of CITY's Standard Specifications, the latter shall prevail.

Termination by CTIY for Convenience
The CITY may tenninate the CONTRACTOR's performance under the Contract, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority, or upon a determination that such tennination is in the best interest and convenience of the CITY, or whenever the CITYis prohibited from completing the Work for any reason. The CITY shall provide no less than ten (l 0) days written notice of its intent to terminate the Contract for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

A. Upon receipt of a written notice of termination pursuant to this section, the CONTRACTOR shall:

I. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of tennination;
25 #7..
- 342 -

2. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;

3. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the Work not completed or undertaken, inclµding materials not delivered;

4. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the Work whether completed or in process;

5. Settle outstanding liabilities and claims, subject to the approval of CITY;

6. Complete performance of such part of the Work as has not been terminated;
. 7. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the Work and/or property related to the Work;

8. IfCITY so requests, and at CITY's cost, CONTRACTOR
26 #7..
- 343 -
shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's
work on the project.

B. CITY will pay CONTRACTOR an amount based on the percentage of work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the Contract at time of termination, including the following:

1. Any actual costs incurred by the CONTRACTOR for
restocking charges;

2. The agreed upon price of protecting the Work in any manner, if any, as directed by the CITY;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract agreements or contracts for materials;

4. The contract price allocable to the portion of the Work properly performed or goods supplied by the
CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

C. The CITY shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the CITY against the CONTRACTOR or by any third party against the CITY or the CONTRACTOR which arise out of the CONTRACTOR's work.
27 #7..
- 344 -
Voluntary Termination
The parties may also terminate this Contract upon mutual written agreement.

Authorization to Terminate Contract
Termination of the Contract may be invoked by the CITY Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the CITY Manager, or his/her designee's, decision to the CITY Council. The CONTRACTOR shall appeal by notifying the CITY Clerk in writing within ten (I 0) business days of receipt of notification from CITY to terminate the Contract. In the event that termination of this contract is upheld by the CITY Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the CITY Manager, or his/her designee.

33. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans or exhibits herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted, including but not limited to, complying with Municipal Codes relating to the dumping of waste into streets/and or alleys.

3. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement and the following documents, which are incorporated herein by this reference:
a. Resolution No. 2016-436;
b. CONTRACTOR submittal;
c. RFP No. I 5 I 6-25 -Landscape Maintenance Services;
28 #7..
- 345 -
d. Bonds;
e. Insurance Certificates;
f. CITY business license, and
g. CITY of Modesto Standard Specifications which includes the General Provisions.

These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). AU documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

35. NOTICES:

Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR:

CITY:

Grover Landscape Services, Inc.
6224 Stoddard Road
Modesto,.CA 95356
(209) 545-4401
City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
29 #7..
- 346 -

36. ENTIRE AGREEMENT: This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR's proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

37. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

38. WAIVER: The waiver by any paiiy to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically state4 in writing.

39. AUDIT: The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR's charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of three (3) years following the date of final payment for CONTRACTOR services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
30 #7..
- 347 -

40. SIGNATOR(!ES) FOR CONTRACTOR: ·
The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.

41. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

42. MISCELLANEOUS:

Time is of the essence in every provision of this contract. 31 #7..
- 348 -
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2016-436, adopted by the Council of the City of Modesto on ili
.
the 25 day of October, 2016 and CONTRACTOR has caused this Agreement to be duly executed.

CITY OF MODESTO,
A municipal corporation
ATTEST:

By
. STEPANIELOPEi ,_ 0 �
City Clerk
(SEAL)
APPROVED AS TO FORM:

ADAM U. LINDGREN
City Attorney
By: ---;�mf',��.:i:7,_____
32 GROVER LANDSCAPE SERVICES, INC.

By: l1-iAl!k :--;; · r:.;,.q o t;1;'/S: (Name and Title) Date: /0 ·-c.? 7- /<;,
By: ____________ _
(Signature)
(Name and Title)
Date: --------------
Signature Requirements
Corporation:
!.Signature of two (2) officers
or

2.Signature of one (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
#7..
- 349 -

Safety and Communities CommitteeSeptember 12, 2022

Safety and Communities Committee
September 12, 2022