2796715
AMENDMENT NO. 6 TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND MERCHANTS
LANDSCAPE SERVICES, INC.
This Sixth Amendment (“Amendment No. 6 ”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Merchant’s Landscape Services, Inc. , a California corporation, limited partnership, limited liability company] (“Consultant”) (collectively, the “Parties”) is hereby entered into as of June 6, 2023 (“Effective Date”).
RECITALS
A. On September 1, 2018 , the City and Consultant entered into a maintenance services agreement for the Consultant to provide landscape maintenance services (“Original Agreement”);
B. On July 1, 2019, July 1, 2020, September 25, 2020, May 17, 2021 and April 5, 2022, the Parties entered into Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5, respectively, to the Original Agreement. The Original Agreement as so amended is referred to herein as the “Agreement”.
C. Parties now desire to amend the Agreement to add to the Scope of Services, extend the term and increase the compensation.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Pursuant to Section 3 of the Agreement, upon the mutual written consent of both parties, there shall be a one year extensions of the Agreement from the August 31, 2023 termination date. Both parties hereby consent to one- year extension through August 31, 2024.
Section 2. Section 7(a) of the Agreement is hereby revised to increase the compensation by $80,000 for the additional Scope of Work identified in Exhibit A hereto.
Section 3. Exhibit A of the Agreement is hereby amended to add to the Scope of Work described in Exhibit A attached to this Amendment.
Section 4. Except as specifically amended by this Amendment No. 6, all other provisions of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 6 on the day and year first shown above.
DocuSign Envelope ID: 9404C2C1-F146-4CFD-B869-A5EDCD20F966
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
Merchant’s Landscape Services, Inc.,
a California Corporation
By:
Patrick Healy, Regional Manager
By:
Mark Brower, President
DocuSign Envelope ID: 9404C2C1-F146-4CFD-B869-A5EDCD20F966 5/30/2023
5/31/2023
5/31/2023
5/31/2023
5/31/2023
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Exhibit A: Additional Scope of Work
1. Merchants Landscape will remove, replace, and install new plants and hardscape materials at various locations according to the Landscape engineer’s specifications.
a. Plant Types will be provided in a list to the vendor and will be installed at locations identified in the Map Document.
b. Merchants Landscape will install all units of Hardscape at locations identified in the Map Document and listed below under locations. c. A Checklist for locations will be provided to the vendor by the landscape architect.
d. All work shall be performed under the direction of the Field Operations Division and shall not begin until the vendor is given a Notice To Proceed (NTP) and the location list is completed. e. Merchant’s Landscape costs are based on labor hours and material only.
2. LOCATIONS
Within the City of Manhattan Beach city limits, as directed by the Field Operations Division, per the landscape architect’s specifications, Merchants’ Landscape is to provide: A) a map of locations for installation based on the map provided by the City and B) a checklist of plants and hardscape installations, (2) documents that will be then added as addendums.
Planters Streetscape Locations and Counts
Intersection Count
Highland Ave/10th St 2
Highland Ave/11th St 3
Highland Ave/12th St 4
Highland Ave/13th St 2
Highland Ave/14th St 2
Highland Ave/15th St 4
Manhattan Ave/10th St 1
Manhattan Ave/11th St 4
Manhattan Ave/12th St 4
Manhattan Ave/13th St 1
Manhattan Ave/8th St 1
Manhattan Ave/9th St 2
Manhattan Ave/MBB 4
MBB/The Strand 1
MMB/Highland Ave 4
MMB/Morningside Dr. 4
MMB/Valley Dr. 6
Highland Ave/Rosecrans 1
DocuSign Envelope ID: 9404C2C1-F146-4CFD-B869-A5EDCD20F966
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Lot 4 1 Highland Ave/38th St 1
Highland Ave/41th St 1
Highland Ave/42th St 1
Highland Ave/43rd St 1
Highland Ave/44th St 1
Highland Ave/45th St 1
DocuSign Envelope ID: 9404C2C1-F146-4CFD-B869-A5EDCD20F966