Cities Index.
Att B - Second Amendment

Signal Hill City Council
December 10, 2024

Document
Att B - Second Amendment
Meeting
December 10, 2024
Body
Signal Hill City Council
Original file
56 KB
Text extracted from the city's file for reading and search. Open the original on cityofsignalhill.legistar1.com. That file is the official record.

CITY OF SIGNAL HILL

SECOND AMENDMENT TO

MAINTENANCE SERVICES AGREEMENT
Parties and Date.

This Second Amendment to the Maintenance Services Agreement (“Second Amendment”) is entered into on the 10th day of December, 2024, by and between the City of Signal Hill, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 2175 Cherry Avenue Signal Hill, CA 90755 (“City”) and Parkwood Landscape Maintenance, Inc., a California Corporation, with its principal place of business at 16443 Hart Street, Van Nuys, CA 91406 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Recitals.

Agreement. The Parties entered into that certain Agreement for Landscape Maintenance Services dated December 9, 2022, with a term commencing on December 21, 2022 and expiring on December 21, 2023, including a total compensation not-to-exceed $27,864 (“Agreement”) First Amendment. The Parties amended the Agreement on December 21, 2023, in order to extend the term of the Agreement to expire on December 21, 2024, thereby exercising the first of three optional one-year term extensions available under the Agreement and to increase the compensation under the Agreement by $56,619 (“First Amendment”).

Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement to expire on December 20,2025, thereby exercising the second of three optional one-year term extensions available under the Agreement and increase the total amount of compensation under the Agreement to $87,063.31 (“Second Amendment”).

Terms.

Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
“The term of this Agreement shall be from December 21, 2022, to December 20, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional one-year term. In addition, and at City’s sole discretion, the term may be extended administratively by up to 180 calendar days with the approval of the City’s Director of Public Works. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.” Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty-Seven Thousand Nine Hundred and Sixty-Three Dollars and Thirty-One Cents ($87,963.31) for the extended three year Term of the Agreement, unless additional compensation is approved pursuant to Section 3.3.4 of the Agreement.” Extra Work. Section 3.3.4 of the Agreement is hereby amended in its entirety to read as follows:
“At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City. Any annual increase in compensation of up to ten percent (10%) may be approved by the City’s Public Works Director. Any greater increases must be approved by the City Council.” Exhibits “C” and “C-1” of the Agreement regarding the rates of compensation are hereby amended in their entirety and replaced as set forth in Attachment “1” to this Second Amendment, attached hereto and incorporated herein by reference.

Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

CITY OF SIGNAL HILL
PARKWOOD LANDSCAPE MAINTENANCE, INC.

By:

Carlo Tomaino
City Manager
By:

David Melito
President
ATTEST:

By:

Kimberly Boles
Assistant City Clerk
By:

David Melito
Secretary
APPROVED AS TO FORM:

By:

Matthew E. Richardson
City Attorney
ATTACHMENT “1” TO SECOND AMENDMENT TO

AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
Exhibit “C”
Compensation
Contractor shall perform the services described herein at the rates set forth in Exhibit “C-1” and Exhibit “C-2” attached hereto for a total annual compensation as described in the table below:

Agreement Term
Year
Annual Base Amount
12/21/2022 – 12/21/2023
1 $27,864.00
12/21/2023 – 12/21/2024
2 $28,755.65
12/21/2024 – 12/20/2025
3 $31,343.66
Total
$87,963.31
Within the budgeted amounts for each Task set forth on Exhibit “C-1” and Exhibit “C-2”, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the total compensation is not exceeded per Section 3.3.1, unless Extra Work is approved per Section 3.3.4.

The City will compensate Contractor for the services performed upon submission of a valid invoice. Each invoice is to include:

Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

Line items for all materials and equipment properly charged to the Services.

Line items for all other approved reimbursable expenses claimed, with supporting documentation.

Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.

Exhibit “C-1”
Schedule of Compensation
Legend
TD
Twice Daily
D
Daily
W
Weekly (52 times/year)
TM
Twice Monthly (24 times/year)
M
Monthly (12 times/year)
Q
Quarterly (4 times/year)
TY
Twice Yearly (2 times/year)
Y
Yearly (1 time/year)
AN
As needed
NA
Not Applicable
Turf Area
Frequency
Litter, Trash, Leaf Removal
M
Irrigation System Checks & Operation
TM
Weed Control
M
Fertilizing
Y
Mowing
TM
Edging
TM
Pruning
TM
Aerate
TY
Pest, Disease Control
AN
Ground Cover/Vines/Planter/Shrubs
Frequency
Litter, Trash, Leaf Removal
M
Irrigation System Checks & Operation
TM
Weed Control
M
Fertilizing
Y
Edging
TY
Pruning
TY
Pest, Disease Control
AN
Trees
Frequency
Litter, Trash, Leaf Removal
Q
Irrigation System Checks & Operation
M
Weed Control
M
Fertilizing
Y
Pruning
Y
Pest, Disease Control
AN
Non-Vegetated Area (Hardscape)
Frequency
Litter, Trash, Leaf Removal
TM
Irrigation System Checks & Operation
TM
Drainage System
TM
Total Monthly Cost: $2,611.97
Total Annual Cost: $31,343.66
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55728.00300\33359642.155728.00300\33359642.1
55728.00300\33359642.1
55728.00300\33359642.1
55728.00300\33359642.155728.00300\33359642.1
55728.00300\33359642.1
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Exhibit “C”

LANDSCAPE MAINTENANCE SERVICES FOR LLMD
55728.00400\40493932.255728.00400\40493932.2
55728.00400\40493932.2
55728.00400\40493932.2
55136.00200\31919679.1
Exhibit “C”-1-
Exhibit “C-1”

LANDSCAPE MAINTENANCE SERVICES FOR LLMD
55728.00400\40493932.255728.00400\40493932.2
55728.00400\40493932.2
55728.00400\40493932.2

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