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AMENDMENT NO. 3 TO NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SAN LEANDRO AND
RUBICON LANDSCAPE CORPORATION
FOR
CITYWIDE TURF MAINTENANCE
This Amendment No. 3 ("Amendment") is made by and between the City of San Leandro ("City") and Rubicon Landscape Corporation ("Contractor") (together sometimes referred to as the "Parties") as of July 1, 2019, and amends that certain Non-Professional Services Agreement ("Agreement") dated March 1 2016, between the Parties.
WHEREAS, City and Contractor have executed the Agreement, pursuant to which Contractor has provided certain services to City with regard to turf maintenance; and WHEREAS, the Parties desire to amend the Agreement to extend the term for one year, and increase the service price by 3.87%.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereby agree to amend the Agreement as follows :
1. Section 1.1 of the Agreement entitled "Term of Services" is hereby amended to extend the term from July 1, 2019, to June 30, 2020; and
2. Section 2 of the Agreement entitled "Compensation" is hereby amended to pay Contractor a sum not to exceed $12,143.43 per month for a total of $145,721.16 per year for fiscal year 2019-2020; and
3. Section 4 of the Agreement entitled "Insurance Requirements" is hereby amended to read :
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.4 Submittal of Proof of Insurance Coverage. All certificates of insurance and original endorsements effecting coverage required in this Section 4 must be electronically submitted through the City's online insurance document Amendment No. 3 to
Non-Professional Services Agreement between City of San Leandro and Rubicon Landscape Corporation for Citywide Turf Maintenance 7/01/2019
management program, PINS Advantage. Contractor shall comply with all requirements provided by City related to the PINS Advantage program.
4.5 Remedies. (Renumbered -as originally stated)
4. Exhibit B of the Agreement entitled "Compensation Schedule & Reimbursable Expenses" is hereby amended to include:
Monthly Annual Area Description of Special Instructions Price Total Area
$188.00 $2,256.00 Marina Unpaved trail No growth in the Rip Rap will be permissible over Park along Marina 18" tall (measured from ground/soil to top of Park adjacent to weed/sucker etc.). Any growth over 18" will need to rip rap to the be physically cut and removed . If pesticide is used north and south to treat this area at no time will the pesticide be of the Par permitted to come in contact with the bay and no Course pre-emergent is allowed in the Rip Rap.
entrance. (see Application of any pesticide in this area must be map as completed by 6am and is only allowed M-F.
attached) Contractor is encouraged to apply pesticide during low tide as long as that pesticide application is
completed by 6am M-F.
$327.80 $3,933.60 Floresta Park is located Contractor will no longer provide service at Park on Monterey Bl McCartney Park (Sunnyside at Breed). Cost south of Floresta represents the net increase cost of providing Bl. The service service at the new location.
location is at the
front end of the Spraying in all areas bordered by the St. (west), park from the school (north) the 1Oft fence (east) and houses on fence on the south side. Spraying will only be conducted Monterey east to when the City provides 7 day notification in the fence for the conjunction with the school district spraying at the large ball field site.
Mow/Edge/blow all areas between the hours of
9am and 2pm within the above mentioned
boundaries.
String trim along the base of the entire length of
the 1Oft tall fence where there is no mow strip to
keep a neat and clean appearance. Also string trim
in areas where fencing meets the ground.
Fertilizing/aerating schedules will be same as other
City Park sites.
Amendment No. 3 to
Non-Professional Services Agreement between City of San Leandro and Rubicon Landscape Corporation for Citywide Turf Maintenance 7/01/2019
5. All other terms shall remain in full force and effect.
This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
Amendment No. 3 to
Non-Professional Services Agreement between City of San Leandro and Rubicon Landscape Corporation for Citywide Turf Maintenance 7/01/2019
The Parties have executed this Amendment as of the date first written above. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF SAN LEANDRO RUBICON LANDSCAPE CORPORATION
Attest:
~iJaMk Leticia I. Miguel, City Clerk ~
Approved as to Fiscal Authority:
David aum, Fmance D1rector
010-62-001-5340
Account Number
Approved as to Form:
Richard D. Pio Roda, City Attorney
(2018)
Amendment No. 3 to
Loufd8sartr,/ General Manager
1000060936
Contractor DIR Registration Number
Non-Professional Services Agreement between City of San Leandro and Rubicon Landscape Corporation for Citywide Turf Maintenance 7/01/2019