Approved for use 5/1/24
2817434v1.doc City of MB Form
AMENDMENT NO. 7 TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND MERCHANTS
LANDSCAPE SERVICES, INC.
This Amendment No. 7 (“Amendment No. 7”) 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(“Contractor”) (collectively, the “Parties”), is hereby entered into as of September 1, 2024 (“Effective Date”).
RECITALS
A. On September 1, 2018, the City and Contractor entered into an agreement for maintenance services for the Contractor to provide landscape maintenance services (“Original Agreement”).
B. On July 1, 2019, the City and Contractor entered into Amendment No. 1 (“Amendment No. 1”) to increase the Maximum Compensation and amend Exhibit A. On July 1, 2020, the City and Contractor entered into Amendment No. 2 (“Amendment No. 2”) to amend Exhibit A. On September 1, 2020, the City and Contractor entered into Amendment No. 3 (“Amendment No. 3”) to decrease the Maximum Compensation and replace Exhibit B. On May 17, 2021, the City and Contractor entered into Amendment No. 4 (“Amendment No. 4”) to increase the Maximum Compensation and amend Exhibit A. On April 5, 2022, the City and Contractor entered into Amendment No. 5 (“Amendment No. 5”) to increase the Maximum Compensation. On June 6, 2023, the City and Contractor entered into Amendment No. 6 (“Amendment No. 6”) to extend the term, increase the Maximum Compensation, and amend Exhibit A.
C. The Original Agreement as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, and Amendment No. 6 is hereinafter referred to as the “Agreement.” D. The Parties now desire to amend the Agreement to extend the term and increase the Maximum 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. Section 3 of the Agreement is hereby amended to extend the term of the Agreement through August 31, 2025, unless sooner terminated as provided in Section 12 of the Agreement.
Section 2. Section 7.A of the Agreement is hereby amended to pay the Contractor a monthly fee of $62,312.04, for a new annual cost of $747,744.48, in accordance with the prices submitted in Exhibit B-1. An additional contingency amount of $57,000 for unforeseen services or emergencies is also authorized DocuSign Envelope ID: CA85C9E3-050D-40D9-9711-F2E4C069245C
-2- Approved for use 5/1/24
2817434v1.doc City of MB Form
pursuant to Section 7.A. In no event shall the total annual compensation paid to the Contractor exceed $804,744.48.
Section 3. Exhibit A of the Original Agreement– Part II sections 8, 13, and 18 are hereby amended to include the following language: “The City agrees to accept a volume of wood chips and infield mix capped at 1,200 cubic yards and 30 tons, respectively. If the City needs amounts above and beyond these thresholds, Merchants has agreed to install said materials purchased separately by the City.” Section 4. “Exhibit B Master Pricing Sheet of the Original Agreement is hereby amended and restated by Exhibit B-1 Master Pricing Sheet attached to this Amendment.”
Section 5. Except as specifically amended by this Amendment No. 7, all other provisions of the Agreement shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: CA85C9E3-050D-40D9-9711-F2E4C069245C
-3- Approved for use 5/1/24
2817434v1.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 7 on the day and year first shown above.
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
Contractor:
Merchants Landscape Services, Inc.,
a California corporation
By:
Name: Patrick Healy
Title: Regional Manager
By:
Name: Mark Brower
Title: President
DocuSign Envelope ID: CA85C9E3-050D-40D9-9711-F2E4C069245C 5/30/2024
5/30/2024
5/30/2024
5/30/2024
5/30/2024
-4- Approved for use 5/1/24
2817434v1.doc City of MB Form
EXHIBIT A
PART II – TECHNICAL SPECIFICATIONS
PARKS, SCHOOL FIELDS, DOWNTOWN STREETSCAPE, PARKING LOTS,
MEDIANS, PUBLIC PLAZA (CITY HALL, PUBLIC SAFETY FACILITY, METLOX),
AND PIER AREA
Sections 8, 13, and 18 are hereby amended to include the following language:
“The City agrees to accept a volume of wood chips and infield mix capped at 1,200 cubic yards and 30 tons, respectively. If the City needs amounts above and beyond these thresholds, Merchants has agreed to install said materials purchased separately by the City.”
DocuSign Envelope ID: CA85C9E3-050D-40D9-9711-F2E4C069245C Location: Unit Pricing: Annual Pricing:
1 Marine Ave Park - 1625 Marine Ave $2,327.00 $27,924.00 2 Marine Sports Complex - 1801 Marine Ave $2,674.00 $32,088.00 3 Sand Dune Park - 33rd St @ Bell Ave $630.30 $7,563.60 4 Public Works Yard - 3621 Bell Ave $474.90 $5,698.80
5 8th Street Parkette - 1746 8th St $277.50 $3,330.00
6 Well 11A- MBB @ Green Ln (in Redondo Beach) $249.70 $2,996.40 7 Well 13- 6th @ Aviation $249.70 $2,996.40
8 Well 15- MBB @ Vail (in Redondo Beach) $218.90 $2,626.80 9 26th St - Vista Dr to Grandview Ave $320.20 $3,842.40 10 Grandview Elementary School - 455 24th St $446.20 $5,354.40 11 Pacific Field-1214 Pacific Ave $479.10 $5,749.20
12 Center Field- Poinsettia @ 19th St $732.10 $8,785.20 13 Liberty Parkway N/E corner MBB@ Redondo $463.00 $5,556.00 14 Manhattan Beach Arts Center - 1560 Manhattan Beach Blvd $465.00 $5,580.00 15 Manhattan Heights Community Center - 1600 MBB $247.60 $2,971.20 16 Polliwog Park - 1601 Manhattan Beach Blvd $5,250.00 $63,000.00 17 Begg Field - 1431 15th St $746.00 $8,952.00
18 Manhattan Beach Middle School – 1501 N. Redondo Ave $741.00 $8,892.00 19 Mira Costa High School – 1401 Artesia Blvd $2,500.00 $30,000.00 20 Drainage Swale $179.00 $2,148.00
21 Block 35 Reservoir -1431 6th St $368.50 $4,422.00
22 Bryant Sump- Bryant @ Meadows Ave $261.40 $3,136.80
23 Voorhees Lift Station- Voorhees Ave @ Rowell $230.80 $2,769.60 24 Pennekamp School - 110 S Rowell Ave $486.80 $5,841.60 25 Lot 4- 3714 Highland Ave $221.70 $2,660.40
26 Bruce's Beach- 2601 Highland Ave $557.50 $6,690.00
27 Lot 65C- 115 26th St $638.70 $7,664.40
28 Par Course- Strand btwn 26th St and 27th St $200.00 $2,400.00 29 Larsson St Parkette - 211 Larsson St $432.00 $5,184.00 30 Robinson School- 80 Morningside Drive $755.00 $9,060.00 31 Meadows Elementary School - 1200 N Meadows Ave $699.00 $8,388.00 32 Pedestrian Walkways M1 $222.00 $2,664.00
33 The Strand M2 $236.00 $2,832.00
34 Martyrs Sump- Laurel @ 15th St $222.00 $2,664.00
35 Aviation Sump - 601 Aviation Way $374.00 $4,488.00
36 Marriott Sump Pumps- Parkview Ave E/O Parkway $210.00 $2,520.00 37 Peck Reservoir - 1800 N Peck Ave $346.00 $4,152.00
38 Village Soccer Field- 1300 Parkview Avenue $0.00 $0.00 Exhibit B-1
Master Pricing Sheet – 2024/2025
Exhibit B-1
DocuSign Envelope ID: CA85C9E3-050D-40D9-9711-F2E4C069245C Master Pricing Sheet – 2024/2025
Location: Unit Pricing: Annual Pricing:
39 Fire Station 2 - 1400 Manhattan Beach Blvd $356.00 $4,272.00 40 Live Oak Park & Dorsey Field-1901 N Valley Dr / 21st & Valley Median $4,250.00 $51,000.00 41 Joslyn Center - 1601 N Valley Dr & Post Annex - 425 15th St $447.00 $5,364.00 42 Rosecrans Ave Medians- $665.00 $7,980.00
43 Marine Ave Medians- $786.00 $9,432.00
44 Manhattan Beach Blvd Medians- $876.00 $10,512.00
45 Artesia Blvd Medians- $883.00 $10,596.00
46 Sepulveda Blvd Medians- $1,491.78 $17,901.36
47 Duncan Dr Medians- Duncan E/O Kuhn Dr. $474.00 $5,688.00 48 Veterans Parkway- $8,000.00 $96,000.00
49 Pier Lots North & South- 00 MBB $324.00 $3,888.00
50 Lot 1- 10th @ Bayview $187.00 $2,244.00
51 Lot 2- 12th @ Bayview $187.00 $2,244.00
52 Lot 3-1155 Morningside Dr $187.00 $2,244.00
53 Lot 6- 1321 Highland Av $187.00 $2,244.00
54 Lot 7- 1104 N Valley Dr $388.00 $4,656.00
55 Lot 8- 1145 N Valley Dr $501.00 $6,012.00
56 Pacific Triangle - Ardmore Ave & Pacific Ave $310.00 $3,720.00 57 Dead End - 30th & Sepulveda Blvd $190.00 $2,280.00
58 El Porto Lot- 4500 The Strand $305.00 $3,660.00
59 Downtown Streetscape $4,500.00 $54,000.00
60 Aviation medians and Sound wall $568.00 $6,816.00
61 Baseball & Softball Field Maintenance (February 1st – October 31st) $2,500.00 $30,000.00 62 Annual Veteran’s Parkway Chip Replacement $1,800.00 $21,600.00 63 Annual Tot Lot Playground Chip Replacement (7 locations) $750.00 $9,000.00 64 Monthly Tot Lot Rototilling Playground Sandboxes and Chips (7 locations) $500.00 $6,000.00 65 Quarterly Dog run (3 locations) Chip Replacement $2,900.00 $34,800.00 66 Amendment No. 1-Organic Chemical Control (Exhibit A - Section 14a) $1,666.66 $19,999.92 $747,744.48$62,312.04Total
Exhibit B-1
DocuSign Envelope ID: CA85C9E3-050D-40D9-9711-F2E4C069245C