CITY OF SIGNAL HILL
THIRD AMENDMENT TO
MAINTENANCE SERVICES AGREEMENT
Parties and Date.
This Third Amendment to the Maintenance Services Agreement (“Third 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 Mariposa Landscapes, Inc., a California Corporation, with its principal place of business at 6232 Santos Diaz St., Irwindale, California 91702 (“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 Maintenance Services dated September 13, 2022, with a term commencing on October 1, 2022 and expiring on October 1, 2023, including total compensation not-to-exceed $403,944 (“Agreement”).
First Amendment. On August 22, 2023, the Parties amended the Agreement in order to expand the scope of services, extend the term by one additional year to expire on October 1, 2024, thereby exercising the first of three optional one-year extensions available under the Agreement, and increase the compensation by $539,941.13, for a total compensation not-to-exceed $943,885.13 over the term of the Agreement (“First Amendment”).
Second Amendment. On September 24, 2024, the Parties amended the Agreement in order to administratively extend the term for 90 days to expire on December 30, 2024, thereby utilizing half of the 180-day discretionary term extension authorized under the Agreement, and increase the compensation by $125,295.30, for a total compensation not-to-exceed $1,069,180.43 over the term of the Agreement (“Second Amendment”).
Third Amendment. The Parties now desire to amend the Agreement in order to extend the term by one additional year to expire on December 31, 2025, thereby exercising the second of three optional one-year extensions available under the Agreement, and increase the compensation by $539,943.56, for a total compensation not-to-exceed $1,609,123.99 over the term of the Agreement (“Third 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 October 1, 2022, to December 31, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement 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 90 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 One Million Six Hundred Nine Thousand One Hundred Twenty-Three Dollars and Ninety-Nine Cents ($1,609,123.99) over the 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.” Rates and Schedule of Compensation. Exhibit “C”, “C-1” and “C-2” of the Agreement regarding the rates of compensation and schedule of Compensation are hereby amended in their entirety and replaced as set forth in Attachment “1” to this Third Amendment, attached hereto and incorporated herein by reference.
Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF SIGNAL HILL
MARIPOSA LANDSCAPES, INC.
By:
Carlo Tomaino
City Manager
By:
Terry Noriega
President
ATTEST:
By:
Kimberly Boles
Assistant City Clerk
By:
Antonio Valenzuela
Secretary
APPROVED AS TO FORM:
By:
Matthew E. Richardson
City Attorney
ATTACHMENT “1”
TO THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
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 base compensation as described in the table below:
Agreement Term
Year
Annual Base Amount
10/1/2022 – 10/2/2023
1 $403,944.00
10/1/2023 – 10/1/2024
2 $539,941.13
10/2/2024 – 12/30/2024
2 (90-day term extension)
$125,295.30
12/31/2024 – 12/31/2025
3 $539,943.56
Total
$1,609,123.99
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.
Contractor shall provide a Performance Bond and Payment Bond pursuant to Sections 3.2.12.1 and 3.2.12.2 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles- Riverside-Orange Counties.
Exhibit “C-1”
Schedule of Compensation
Area 1 & 1 A
Hillbrook Park & Hillbrook Annex
$617.71 (9 months)
Area 2
Reservoir Park & Demo Garden on 33rd St
$3,605.00 / month
Area 3
Cherry Ave Medians, Tree Wells, and Sidewalks
$1,780.40 / month
Area 4
Spring St Medians, Tree Wells, and Sidewalks
$1,424.31 / month
Area 5
Willow St Medians, Tree Wells, and Sidewalks
$1,780.40 / month
Area 6
Choker Medians (Citywide)
$356.08 / month
Area 7
Orange Ave Tree Wells and Sidewalks
$1,068.24 / month
Area 8
21st St (South Side) & Stanley Ave
$178.04 / month
Area 9
Skyline Dr. Parkway between Cherry Ave and Dawson Ave
$712.16 / month
Area 10
Cherry Ave Slope (east and west sides of street, including cribwall) $1,068.24 / month
Area 11
Alliance Ave Wall (from Lemon Ave to Orange Ave)
$356.08 / month
Area 12
Lemon Ave Wall (south of 2269 Lemon Ave)
$178.04 / month
Area 13
Temple Reservoir Site (2271 Temple Parking Lot, Buildings and Landscaping) $1,417.38 / month
Area 14
Signal Hill Park (includes City Hall, Library, Community Center, Spud Field, and City Hall Parking Lots) $4,831.42 / month
Area 15
Sunset View Park and Annex (Hill St and Skyline Dr)
$1,780.40 / month
Area 16
Southeast Area Medians (Hill St between Obispo Ave and Temple Ave; Obispo Ave between Hill St and Temple Ave) $1,068.24 / month
Area 17
Raymond Arbor Park (1881 Raymond Ave)
$1,068.24 / month
Area 18
Discovery Well Park (2200 Temple Ave) and Unity Monument $3,213.39 / month
Area 19
Panorama Promenade (between Dawson Ave & Molino Ave)
$1,068.24 / month
Area 20
Police Station (2745 Walnut Ave)
$2,492.56 / month
Area 21
Hilltop Park (northwest corner of Dawson Ave & Skyline Dr) $4,120.00 / month
Area 22
Calbrisas Park (2451 California Ave)
$1,805.72 / month
Area 23
Dog Park (3100 California Ave)
$1,068.24 / month
Area 24
Maintenance Yard with Demo Garden (2175 28th St)
$712.16 / month
Area 25
Community Garden (21st St Between Alamitos Ave and Cherry Ave) $1,068.24 / month
Area 26
21st St between Gundry Ave and Walnut Ave
$67.51 / month
Area 27
2791 Walnut Ave
$67.51 / month
Area 28
Heritage Point Park (southwest corner of Burnett St and Cherry Ave) $2,136.48 / month
Pet Stations – Citywide (2200 Ohio Ave, 21st St and Junipero Ave, 2200 St Louis Ave) $712.16 / month
Weed Abatement
$19,962.64/ biannually
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Exhibit “C”
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Exhibit “C-1”
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