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Home My WebLink AboutA7139 - CONSERVE LANDCARE, IncCONTRACT ABSTRACT i vriginai a 1 copy: Amenament no. 4 (AfIJU) Contract Company Name: Conserve LandCare Company Contact: Brent Sprague, Senior Account Manager Summary of Services: City Parks, Assessment Districts, Medians, and Parkways, Landscape and Grounds Maintenance Services Contract Price: $1,714,929.10 (including this A#4) j Funding Source: General Fund/Assessment Districts/Measure J Contract Term: Initial 3-Year Term with two 1-Year options 06/30/2021 1 06/30/2023 Contract Administration Lead Department: Department of Maintenance and Facilities/Parks Contract Administrator: Teresa Gallavan / Heather MacPherson Contract Approvals Council Approval: May 16, 2018, Item 5.B. Amendment No. 1: July 6, 2020 Amendment No. 2 Amendment No. 3 Amendment No. 4: Agreement Number: December 10, 2020, Item 1.S. September 9, 2021, Item 1.EE. June 16, 2022, Item 1.K. J A7139 J Contract Compliance Exhibits: Attached Signatures: Attached Insurance: Attached Bonds: On file Contract Prepared By: Office of Assistant City Manager Submitted on: 06/29/2022 AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 7139 CITY PARKS, ASSESSMENT DISTRICTS, MEDIANS, AND PARKWAYS LANDSCAPE AND GROUND MAINTENANCE SERVICES This Amendment No. 4 to the Contract Servi es Agreement (A7139), ("Amendment No. 4"), is made and entered into this day of 2022, by and between the City of Palm Springs, a California charter city an municipal corporation, hereinafter designated as the City, and Conserve LandCare, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for Landscape and Grounds Maintenance Services at various City Parks, Assessment Districts, Medians, and Parkways (hereinafter "Landscape Maintenance"), and on May 16, 2018, the City Council approved a Contract Services Agreement (A7139) with Contractor to provide Landscape Maintenance services. B. On July 6, 2020, City and Contractor entered Amendment No. 1, reducing the frequency of Landscape Maintenance of City Parks and Annual Turf Reseeding by fifty percent (50%), due to budget constraints anticipated by COVID-19, for an annual reduction of $392,974.68. C. At the time the City approved Contract Services Agreement (A7139) with Contractor to provide landscape maintenance, the scope of work did not include landscape maintenance of Assessment Districts, Medians, and Parkways as the City had entered into a separate Agreement (A7141) with Urban Habitat, Inc. for these services. D. Effective January 1, 2021, the City terminated Agreement A7141 with Urban Habitat, Inc. for landscape maintenance of Assessment Districts, Medians, and Parkways. E. Amendment No.2, effective January 1, 2021, expanded the scope of services for Contract Services Agreement (7139) with Contractor to provide Landscape Maintenance of Assessment District, Medians, Parkways, and Annual turf Reseeding; in the amount of $309,272, for a one-time cost increase of $215,005.28, and a one-time cost of $68,565.58, for Landscape Maintenance through June 30, 2021; and $372,837.28, for Landscape Maintenance Services annually. F. Amendment No. 3, approved on September 9, 2021, increased Agreement (7139), in the amount of $504,263.86, for a total annual contract amount of $1,270,076.00. G. City now wishes to (i) exercise the second and final one-year optional renewal term; (ii) add $50,000 for increased frequency of landscape maintenance services provided from July 1, 2021, through December 31, 2021, and (iii) reduction of $27,076.90 for services not performed at the Downtown Project location for medians and parkways, reflected in Bid Schedule D; (iv) addition of $38,880 for the Downtown Park landscape and grounds maintenance services to Bid Schedule A; and (v) retrofit turf within four (4) areas of the city to drought tolerant desert landscape. • East Palm Canyon, four (4) median islands, between Farrell Drive and Cerritos Drive (approximately 40,655 square feet). • Sunrise Parkway, one (1) median island, and Ramon Road from Sunrise Way to Cerritos Road, two (2) median islands (approximately 16,6640 square feet). • East Palm Canyon between Canyon Sands Drive and Linden Way, one (1) median island (approximately 10,900 square feet). • Ramon Road between Farrell Drive and Premier Care Center, three (3) median islands (approximately 9,730 square feet). in the amount of $383,050, to a total annual contract amount of $1,714,929.10. H. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Second Amendment. SECTION 2. Article 3 "Contract Price' as defined therein is revised to read: "One Million Seven Hundred Fourteen Thousand Nine Hundred Twenty -Nine Dollars and Ten Cents ($1,714,929.10) SECTION 3. Exhibit "A" Contractor's Bid Schedules are hereby revised by incorporating services as outlined in a revised frequency schedule for Bid Schedule D commencing on July 1, 2021, and continuing through December 31, 2021, addition of the Downtown Park, and turf retrofit proposals, included herein as Exhibit A. SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 7139, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 4 and any provisions of the Contract Services Agreement 7139, the provisions of this Amendment No. 4 shall in all respects govern and control. SECTION 5. The persons executing this Amendment No. 4 on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said Party is bound. Agreement Number: 7139 Original City Council Approval: May 16, 2018 Original Contract Amount: $ 682,854.00 FY19-20 CPI Adjustment: July 1, 2019 Annual Increase $ 53,399.18 Annual Contract Amount $ 736,253.18 FY20-21 CPI Adjustment: Annual Increase $ 49,697.40 Annual Contract Amount $ 785,950.58 Amendment #1 Annual Costs: Department Approval: July 6, 202C Annual #wFea&e/Decrease $ 392,974.68 Total Annual Contract Amount $ 392,974.69 Amendment #2 Annual Costs: City Council Approval: December 10, 2020 One -Time Cost Increase/Decrease $ 215,005.28 Total FY20-21 Contract Amount $ 607,979.97 Annuallncrease/Decrease- $ 372,837.28 Total Annual Contract Amount $ 765,811.97 This Amendment #3 Annual Costs: Department Approval: January 9, 2022 Increase/Decrease $ 504,263.86 Total FY21-22 Annual Contract Amount $1,270,076.00 This Amendment #4 Annual Costs: City Managers Approval: IncreaseQPPrease $ 444,853.10 Total FY22-23 Annual Contract Amount $ 1,714,929.10 Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 7139 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 as of the dates stated below. Date: APPROVED AS TO LM J Attorney Date: 6 11 Z3 ) ZDZ2 Date: Check one: _Individual _Partnership / Corporation "CITY" City of Palm Springs By: CAL Justii ,Tifton, City kVnager ATTEST: By: Mon iqu o eli, CMC, Interim City Clerk "CONTRACTOR" Conserve Landcare, Inc. MM -�arrieland Title Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. APPROVED BY CITY COUNCIL Item 1 K - 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies orty the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. c State of California ) County of 6: z 5 ( J e ) On (0 �2 �J 1 �ZZ. before me, M� U Two l L Date �/ /� p re/ Insert Name and the of the personally appeared 1�C \� yl V C14-k f Namel) of Sigrrer( ) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the perscn(s), or the entity upon behalf of which the person(o) acted, executed the instrument. Ll �,. rr s i • �2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature bture of Notary Public OPTIONAL Though this seciron is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 Natiorkil Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY (1-800.876-M27) them #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Anotary pubic or o " :-f _er completing t7:_ _ - _ .i_ _ ,r , :igrvo ,hs document to 9s'4ich the ;r.5cate is attached. ,. _ . _ _ . r.,~.;.: .: - . _ - _ •,.:.r, State of California County of lQ�nae les ; p On.)IinLi:l dnZ before me, "rid oyd- iWir. D&e Here Insert Nanfe and T&dof the Officer personally, appeared R111 (I►713002 Names) of Signer(s1 who proved to me on the basis of satisfactory evidence to be the person(4 whose name(d) is/are subscribed to the within instrument and acknowledged to me that hwaheAhey executed the same in hishwrAhetr authorized capacityHeN, and that by his+'herFiheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph :s true and correct. WITNESS my hand and official seal- MARIE MOVER Signature Notary Public California it^�ig �re'of�Notary Public Los Angeles County_ Commission Y 2289795 z My Comm. Expires May 24, 2021 Place Notary Seal Above OP77ONAL Though tttis section is optional, completing this information can deter akeration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc t _ l T*le or Type of Document: QI 86± Document Date: lone Iv�A,60�,- Number of Pages: 10 Signer's) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name- ❑ Corporate Officer — TdWs): ❑ Partner — ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Titleiry ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .. 02014 National Notary Association , www.NatiomiNotary.org ' 1-800-US NOTARY (1-800-876-6827) ttem #5907 Item 1 K - 11 EXHIBIT A SCOPE OF SERVICES BID SCHEDULE A - LANDSCAPE & GROUNDS MAINTENANCE SERVICES PARK UNIT PRICE3 ANNUAL FY21-22 Baristo Park $ 614.28 $ 7,371.36 Demuth Park $ 23,219.68 $ 278,636.16 Desert Highland Park $ 4,299.94 $ 51,599.28 Dog Park $ 982.84 $ 11,794.08 Downtown Park $ 3,240.00 $ 38,880.00 Frances Stevens Park $ 1,351.41 $ 16,216.92 Gene Autry Trail $ 797.13 $ 9,565.56 Gateway Park Ruth Hardy Park $ 7,617.04 $ 91,404.48 Sunrise Park $ 14,374.09 $ 172,489.08 Victoria Park $ 3,009.96 $ 36,119.52 Wellness Park $ 1,965.69 $ 23,588.28 Trail Heads (5) $ 429.99 $ 5,159.88 Total Cost Bid Schedule $ 61,902.05 $ 742,824.60 conserve LandCare May 11, 2022 City of Palm Springs c% Staci Schafer, Director of Maintenance and Facilities 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Staci, We are pleased to provide additional pricing for the landscape maintenance for the Palm Springs Downtown Park. Maintenance of the Landscape at the Palm Springs Downtown Park per the current landscape contract specifications outlined in Contract Service Agreement #7139: Landscape maintenance for the Palm Springs Downtown Park: o $3,240.00 / Mo. or $38,880.00 Annually Includes all current specifications including all mowing, plant maintenance, 7-day per week trash can service and all other items noted in the current specifications. Please do not hesitate to contact us with any questions. Sincerely, 4�;'�JOLA�- Randy Mitchell Tel: (760) 250-7246 72265 Manufacturing Road Thousand Palms, CA 92276 'hone 760-343-1433 Fax 760-343-0433 Conserve Land Care.com BID SCHEDULE D - MEDIANS AND PARKWAYS LOCATION NAME LUMP SUM BID (PER MONTH) ANNUAL FY20-21 6,74% ANNUAL FY21-22 LOCATION #1 BIRDIE WAY PARKWAY 230.00 2,760.00 245,50 2,946.02 LOCATION #2 Canyon Sands Drive / E. Palm Canyon Drive 120.00 1,440.00 128.09 Parkway 1,537.06 LOCATION #3 Cathedral Canyon Country Club / Jenkins Trail 1,640.00 19,680.00 1,750.54 Bike Path 21,006,43 LOCATION #4 Cherry Hills Drive Parkway & Gene Autry Trail 240.00 2,880.00 256.18 Bridge Parkway 3,074.11 LOCATION #5 Chino Drive Medians 240.00 2,880.00 256.18 3.074.11 LOCATION #6 Sunrise Way Parkway (Desert Dorado) 460.00 5,520.00 491.00 5,892.05 LOCATION #7 Vista Chino Medians 160.00 1,920.00 170,78 2,049.41 LOCATION #8 Gene Autry Trail Medians & Parkways 2,180.00 26,160.00 2,326.93 27,923.18 LOCATION #9 Ramon Road Medians 260.00 3,120.00 277.52 3,330.29 LOCATION #10 Golf Club Drive Medians 240.00 2,880.00 256.18 3,074.11 LOCATION #11 Downtown Development Project 1,600.00 19,200.00 1,707.84 20.494.08 LOCATION #12 Old Las Palmas Neighborhood Median Islands 620.00 7,440.00 661.79 7,941.46 LOCATION S13 N. Indian Canyon Drive Median Islands & Entry 360.00 4.320.00 384.26 Signs 4.611.17 LOCATION #14 S. Indian Trail Median Islands 220.00 2,640.00 234.83 2,817.94 LOCATION #15 La Verne Way 150.00 1,800.00 160.11 1,921,32 LOCATION #16 Dinah Shore Drive Medians (3) (Gene Autry 1,660.00 19,920.00 1,771.88 Trail to Bridge) & Entry Sign 21,262.61 LOCATION #17 S. Palm Canyon Drive Medians (2) at Sunny 160.00 1.920.00 170.78 Dunes Road 2,049,41 LOCATION #18 Ramon Road at Sunrise Way Median Islands 520.00 6,240.00 556.05 6,660.58 LOCATION #19 Ramon Road at Compadre Road Parkway 180.00 2,160.00 192.13 Islands 2,305.58 LOCATION #20 El Cielo Road Parkway (Rancho Parkway 2) 400.00 4,800.00 426.96 5,123.52 LOCATION #21 N. Riverside Dr. and S. Riverside Dr. Parkways 1,200.00 14.400.00 1.280.88 15,370.56 LOCATION #22 E. Palm Canyon Drive Parkway Island 350.00 4,200.00 373.59 4,483.08 LOCATION #23 Sunrise Way @ Tahquitz Canyon Way Median 350.00 4,200.00 373.59 4,483.08 LOCATION #24 Sunrise Way @ San Rafael Drive Medians 460.00 5,520.00 491.00 5,892.06 LOCATION #25 Sunrise Way @ Racquet Club Drive Median 140.00 1,680.00 149.44 1,793.23 LOCATION #26 Tahquitz Canyon Way @ Medians 1,450.00 17,400.00 1,547.73 18,572.76 LOCATION #27 Warm Sands Drive / Warm Sands Place 160.00 1,920.00 170,78 Medians 2,049.41 LOCATION #28 Old Las Palmas Neighborhood Median Islands 520.00 6,240.00 555.05 (7) 6,660.58 LOCATION #29 Sunny Dunes to Mesquite (Cody Place 340.00 4.080.00 362.92 Medians) 4,354,99 LOCATION#30 Mountain View - - 1,280.00 15,360.00 LOCATION#31 Coyote Run 1,320.00 15,840.00 TOTAL BID SCHEDULE B 16,610.00 199,320.00 20,329.61 243,964.17 FREQUENCY SCHEDULE - PARKWAYS & MEDIANS Location: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 No.1 Birdie Way Parkway D A D D A D I G/1 F F K No.2 Canyon Sands Dr/EPC Dr Parkway D D D A D D B3 A J D I G/J F 1 J F K No.3 Cathedral Cyn Country Club/Jenkins Trail Bike Path A A F K No.4 Cherry Hills Or Parkway & Gene Autry Tr Bridge Parkway D A D D A D I G/1 F F K No.S Chino Drive Medians D A D D A D I G/J F F K No.6 Sunrise Way Parkway D D D A D D B3 A J D I G/J F 1 J F K No.7 Vista Chino Medians D A D A D I G/J F F K No.B Gene Autry Trail Medians & Parkways D A D A D I G/J F F K No.9 Ramon Road Medians D A D D A D I G/1 F F K No.10 Golf Club Drive Medians D A D A D I G/1 F F K No.11 Belardo Road (E. Parkway) & 4 City Parking Lots " D A D D A D I G/1 F K No.12 Old Las Palmas Neighborhood Median Islands (7) D A D D A D I G/J F F K No.13 N. Indian Canyon Dr Medians Islands & Entry Signs D A D D A D 1 G/J F F K No.14 S. Indian Trail Median Islands D A D D A D I G/1 F F K No.15 La Verne Way D A D D A D 1 G/J F F K No.16 Dinah Shore Or Medians (3) (GAT to Bridge) & Entry Sign D A D A D 1 G/J F F K No.17 SPC Medians (2) at Sunny Dunes Road D A D D A D I G/J F F K No.18 Ramon Road at Sunrise Way Median Islands D D D A D D B3 A J D I G/1 F 1 1 F K No.19 Ramon Road at Compadre Road Parkway Islands D D D A A 1 D I G/J F J 1 F K No.20 El Cielo Road Parkway D A D B3 A D I F F K No.21 N. Riverside Or & S. Riverside Or Parkways D A A A D 83 A 1 D I G/J F F K No.22 EPC Drive Parkway Island D D D A A J D I G/1 F J 1 F K No.23 Sunrise Way at Tahquitz Canyon Way Median D A D D A D I G/1 F 1 1 F K No.24 Sunrise Way at San Rafael Drive Median D A D D A D I G/1 F F K No.25 Sunrise Way at Racquet Club Drive Medians D A D D A D I G/J F F K No.26 Tahquitz Canyon Way Medians D A D D A D I G/J F F K No.27 Warm Sands Drive/Warm Sands Place Medians D A D D A D I G/J F F K No.28 Old Las Palmas New Medians (5) D D A D I G/J F F K No 29 Sunny Dunes to Mesquite (Cody Place medians) D D D D D A D I G/1 F F K No. 30 Mountain View D A D D D I G/J F F K No. 31 Coyote Run NOT CURRENTLY ACTIVE D A D D A D I G/J F 1 F K D D Total ""No. 28 (set aside) 1 Mowing D 16 Cultivation (Planters ISund Areas) I F 2 Mechanical Edging D 17 Renovation/Vertical Mowing 1 3 Chemical Edging, Weed Control D 18 Turf Reseeding 1 4 Litter Control A 19 Disease /Pest Control F 5 Trash Containers A 20 Plant Materials K 6 Pet Waste Station 7 Raking D 22 Picnic Areas & Pavilions Insp. 8 Pruning, Hedge Trimming D 23 Playground Equip. Inspection 9 Clearing Walkways B3 24 Recreational Court Sweeping 10 Graffiti Eradication 25 Recreational Court Washing 11 Aerification 1 26 Specialty Tasks lwhenre,,e 12 Watering and Irrigation Maintenance D 13 Irrigation System Testing 1 14 Fertilization F-Turf/J-Shrubs G/J 15 Tree Trimming & Pruning A Completed daily before 10.00 am B Completed daily before close of day '83- Every 3 days/As needed C Completed daily before close of business (M-F) D Completed weekly before close of business on Fri E Completed bi-weekly or 2x a month F Completed monthly or 12 times a year G Completed bi-monthly or six times a year H Completed quarterly or four times a year I Completed bi-annually or two times a year 1 Completed annually 'J2 - Every 2 years K 6 Months (as needed) conserve LandCare Staci Schafer City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Date: 5/6/2022 City of Palm Springs - Extra Work to the Contract 3200 E. Tahquitz Canyon Wy Palm Springs, CA 92262 Parkway Turf Conversions Along East Palm Canyon Between Farrell & Cerritos Perform the following enhancement and irrigation retrofit work to (4) grass parkway islands along East Palm Canyon between Farrell and Cerritos: • spray, kill and remove approximately 40,655 sq. ft. of the existing grass in the (4) parkways • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (172) ea. 5g Agave varieties (weberi, americana, and truncata), (250) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloc parviflora, caesalpinia pulcherrima), and (26) 15g Chamerops humilis palms • provide and install (240) tons of stabilized Desert gold DG • provide and install (296) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include adding (2) ea. Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant Includes all labor, equipment, material, dump fees, and traffic control required to perform the above -described work. *Qualiesfor DWA Turf Rebate of$3 per sq. ft. Would receive approximately $121,965 back in rebates. **If paid in full within Net 30 days, we will apply a 5% discount to this project" Services Billed - Fixed Price on Com Conserve LandCare, LLC Page 1/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 Enhancement/Project $187,860.00 Subtotal $187,860.00 By Date Brent Sprague May 6, 2022 Conserve LandCare, LLC By Date Tax $0.00 Total $187,860.00 City of Palm Springs Conserve LandCare, LLC Page 2/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 cAnserve LandCare Staci Schafer City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs. CA 92262 rop Date: 5/6/2022 City of Palm Springs - Extra Work to the Contract 3200 E. Tahquitz Canyon Wy Palm Springs, CA 92262 Parkway Turf Conversions Along Sunrise Parkway & Ramon Road Perform the following enhancement and irrigation retrofit work to (3) grass parkway islands along Ramon Road and Sunrise Parkway: • spray, kill and remove approximately 16,640 sq. ft. of the existing grass in the (3) parkways • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (84) ea. 5g Agave varieties (weberi, americana, and truncata) and (103) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima) • provide and install (96) tons of stabilized Desert gold DG • provide and install (108) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include adding (2) ea. Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant Includes all labor, equipment, material, and any traffic control required to perform the above - described work. *Quakes for DWA Turf Rebate of $3 per sq. ft. Would receive approximately $49, 920 back in rebates. **Ifpaid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion Conserve LandCare, LLC Page 1/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 By Date Brent Sprague May 6, 2022 Conserve LandCare, LLC M Date Tax $0.00 Total $87,460.00 City of Palm Springs Conserve LandCare, LLC Page 2/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 conserve LandCare Staci Schafer City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Sorinas. CA 92262 Proposal#83689 Date: 5/6/2022 City of Palm Springs - Extra Work to the Contract 3200 E. Tahquitz Canyon Wy Palm Springs, CA 92262 Parkway Turf Conversions Along East Palm Canyon between Canyon Sands Dr and Linden Way Perform the following enhancement and irrigation retrofit work to (1) grass parkway island along East Palm Canyon between Canyon Sands Dr and Linden Way: • spray, kill and remove approximately 10,900 sq. ft. of the existing grass in the parkway • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (42) ea. 5g Agave varieties (weberi, americana, and truncata). (76) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherfima), and (6) 15g Camerops humilis palms • provide and install (72) tons of stabilized Desert gold DG • provide and install (72) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include adding (2) ea. Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant Includes all labor, equipment, material, and any traffic control required to perform the above - described work. *Qualifies for DWA Turf Rebate of $3 per sq. ft. Would receive approximately $32, 700 back in rebates. **If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion Conserve LandCare, LLC Page 112 72265 Manufacturing Rd • Thousand Palms, CA 92276 By Date By Brent Sprague May 6, 2022 Date Conserve LandCare, LLC $52,760.00 btotal $52,760.00 Tax $0.00 Total $52,760.00 City of Palm Springs Conserve LandCare, LLC Page 2/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 conserve LandCare Staci Schafer City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Date: 5/6/2022 City of Palm Springs - Extra Work to the Contract 3200 E. Tahquitz Canyon Wy Palm SDrinos. CA 92262 Parkway Turf Conversions Along Ramon Rd. between Farrell and Premier Care Center Perform the following enhancement and irrigation retrofit work to (3) grass parkway islands along Ramon Rd in front of St. Theresa Catholic Church and Premier Care Center: • spray, kill and remove approximately 9,730 sq. ft. of the existing grass in the (3) parkways • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (40) ea. 5g Agave varieties (weberi, americana, and truncata). (57) ea. 5g Desertscape plantings varieties (bougainvillea, hcsperaloe parviflora, caesalpinia pulcherrima), and (15) 15g Camerops humilis palms • provide and install (72) tons of stabilized Desert gold DG • provide and install (72) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include the addition of polyflex risers and emitters Includes all labor, equipment, material, and any traffic control required to perform the above - described work. *Quakes for DWA Turf Rebate of $2 per sq. ft. Would receive approximately $29,190 back in rebates. **If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Enhancement/Project $54,970.00 Conserve LanclCare, LLC Page 1/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 By Date Brent Sprague May 6, 2022 Conserve LandCare, LLC By Date Subtotal $54,970.00 Tax $0.00 Total $64,970.00 City of Palm Springs Conserve LandCare, LLC Page 2/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 BID SCHEDULE A - LANDSCAPE & GROUNDS MAINTENANCE SERVICES PARK UNIT PRICE3 ANNUAL FY21-22 Baristo Park $ 614.28 $ 7,371.36 Demuth Park $ 23,219.68 $ 278,636.16 Desert Highland Park $ 4,299,94 $ 51,599.28 Dog Park $ 982.84 $ 11,794.08 Downtown Park $ 3,240.00 $ 38,880.00 Frances Stevens Park $ 1,351.41 $ 16,216.92 Gene Autry Trail $ 797.13 $ 9,565.56 Gateway Park Ruth Hardy Park $ 7,617.04 $ 91,404.48 Sunrise Park $ 14,374.09 $ 172,489.08 Victoria Park $ 3,009.96 $ 36,119.52 Wellness Park $ 1,965.69 $ 23,588.28 Trail Heads (5) $ 429.99 $ 5,159.88 Total Cost Bid Schedule $ 61,902.05 $ 7429824.60 Item 1 K - 13 conserve LandCare May 11, 2022 City of Palm Springs c/o Staci Schafer, Director of Maintenance and Facilities 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Staci, We are pleased to provide additional pricing for the landscape maintenance for the Palm Springs Downtown Park. Maintenance of the Landscape at the Palm Springs Downtown Park per the current landscape contract specifications outlined in Contract Service Agreement #7139: Landscape maintenance for the Palm Springs Downtown Park: o $3,240.00 / Mo. or $38,880.00 Annually Includes all current specifications including all mowing, plant maintenance, 7-day per week trash can service and all other items noted in the current specifications. Please do not hesitate to contact us with any questions. Sincerely, Randy Mitchell Tel: (760) 250-7246 72265 Manufacturing Road Thousand Palms, CA 92276 Phone 760-343-1433 Fay 760-343-0433 Conse rye�and CCare.com It l FF(( BID SCHEDULE D - MEDIANS AND PARKWAYS LOCATION NAME LUMP SUM BID (PER MONTH) ANNUAL FY20-21 6.74% ANNUAL FY21.22 LOCATION #1 BIRDIE WAY PARKWAY 230.00 2,760.00 245.50 2,946.02 LOCATION 02 Canyon Sands Drive / E. Palm Canyon Drive 120.00 1,440.00 128.09 Parkway 1,537.06 LOCATION #3 Cathedral Canyon Country Club / Jenkins Trail 1,640.00 19,680.00 1,750.54 Bike Path 21,006.43 LOCATION #4 Cherry Hills Drive Parkway & Gene Autry Trail 240.00 2,880.00 256.18 Brdge Parkway3,074.11 LOCATION #5 Chino Drive Medians 240.00 2,880.00 256.18 3,074.11 LOCATION #6 Sunrise Way Parkway (Desert Dorado) 460.00 5,520.00 491.00 5,892.05 LOCATION #7 Vista Chino Medians 160.00 1.920.00 170.78 2,049.41 LOCATION #8 Gene Autry Trail Medians & Parkways 2,180.00 26,160.00 2,326.93 27,923.18 LOCATION #9 Ramon Road Medians 260,00 3,120.00 277.52 3.330.29 LOCATION #10 Golf Club Drive Medians 240.00 2.880.00 256.18 3,074.11 LOCATION #11 Downtown Development Project 1,600.00 19,200.00 1,707.84 20,494.08 LOCATION #12 Old Las Palmas Neighborhood Median Islands 620.00 7,440.00 661.79 7941 46 LOCATION #13 N. Indian Canyon Drive Median Islands & Entry 360,00 4,320.00 384.26 Signs 4,611.17 LOCATION #14 S. Indian Trail Median Islands 220.00 2,640.00 234.83 2,817.94 LOCATION #15 La Verne Way 150,00 1,800,00 160.11 1.921.32 LOCATION #16 Dinah Shore Drive Medians (3) (Gene Autry 1,660.00 1992000 1,771.88 Trail to Bridge) & Entry Sign21,262.61 LOCATION #17 S. Palm Canyon Drive Medians (2) at Sunny 150,00 1.920.00 170.78 Dunes Road 2,049.41 LOCATION #18 Ramon Road at Sunrise Way Median Islands 520.00 6,240.00 555.05 6,660.58 LOCATION #19 Ramon Road at Compadre Road Parkway 180.00 2,160.00 19213 Islands2,305.58 LOCATION #20 El Cielo Road Parkway (Rancho Parkway 2) 400.00 4,800.00 426.96 5,123.52 LOCATION #21 N. Riverside Dr. and S. Riverside Dr. Parkways 1,200.00 14,400.00 1,280.88 15.370.56 LOCATION #22 E. Palm Canyon Drive Parkway Island 350.00 4,200.00 373.59 4,483.08 LOCATION #23 Sunrise Way @ Tahquitz Canyon Way Median 350.00 4,200.00 373.59 4,483,08 LOCATION #24 Sunrise Way @ San Rafael Drive Medians 460.00 5,520.00 491.00 5,892.05 LOCATION #25 Sunrse Way @ Racquet Club Drive Median 140.00 1,680.00 149.44 1.793.23 LOCATION #26 Tahquitz Canyon Way @ Medians 1,450.00 17,400.00 1,547.73 18,572.76 LOCATION #27 Warm Sands Drive / We" Sands Place 160.00 1,920.00 170.78 Medians 2,049.41 LOCATION #28 Old Las Palmas Neig (boorhood Median Islands 520.00 6,240.00 555.05 6680 .58 LOCATION #29 Sunny Dunes to Mesquite (Cody Place 340.00 4,080,00 362.92 Medians) 4,354.99 LOCATION #30 Mountain View - - 1.280.00 15,360.00 LOCATION #31 Coyote Run 1,320.00 15,840.00 TOTAL BID SCHEDULE B 16,610.00 199,320.00 20,329.61 243,954.17 Item 1 K - 15 FREQUENCY SCHEDULE - PARKWAYS & MEDIANS Location: 1 2 3 4 5 6 7 8 9 10 11 12 13 1 14 15 16 17 18 19 20 21 22 23 24 25 No.l Birdie Way Parkway D A D D A D 1 G/J F F K No.2 Canyon Sands Dr/EPC Dr Parkway D D D A D D 83 A 1 D 1 G/J F 1 J F K No.3 Cathedral Cyn Country Club/Jenkins Trail Bike Path A A F K No.4 Cherry Hills Dr Parkway & Gene Autry Tr Bridge Parkway D A D D A D I G/J F F K No.S Chino Drive Medians D A D D A D I G/J F F K No.6 Sunrise Way Parkway D D D A D D B3 A 1 D I G/J F J J F K No.7 Vista Chino Medians D A D A D I G/J F F K No.8 Gene Autry Trail Medians & Parkways D A D A D I G/J F F K No.9 Ramon Road Medians D A D D A D I G/J F F K No.10 Golf Club Drive Medians D A D A D I G/J F F K No.11 Belardo Road (E. Parkway) & 4 City Parking Lots ** D A D D A D I G/J F K No.12 Old Las Palmas Neighborhood Median Islands (7) D A D D A D I G/J F F K No.13 N. Indian Canyon Dr Medians Islands & Entry Signs D A D D A D I G/1 J F F K No.14 S. Indian Trail Median Islands D A D D A D I G/J F F K No.15 La Verne Way D A D D A D I G/J F F K No.16 Dinah Shore Dr Medians (3) (GAT to Bridge) & Entry Sign D A D A D I G/J F F K No.17 SPC Medians (2) at Sunny Dunes Road D A D D A D I G/J F F K No.18 Ramon Road at Sunrise Way Median Islands D D D A D D B3 A 1 D I G/J F J J F K No.19 Ramon Road at Compadre Road Parkway Islands D D D A A 1 D I G/J F 1 J F K No.20 El Cielo Road Parkway D A D B3 A D I F F K No.21 N. Riverside Dr & S. Riverside Dr Parkways D A A A D B3 A 1 D I G/J F F K No.22 EPC Drive Parkway Island D D D A A J D I G/J F J J F K No.23 Sunrise Way at Tahquitz Canyon Way Median D A D D A D I G/1 F 1 1 F K No.24 Sunrise Way at San Rafael Drive Median D A D D A D I G/J F F K No.25 Sunrise Way at Racquet Club Drive Medians D A D D A D I G/J F F K No.26 Tahquitz Canyon Way Medians D A D D A D I G/J F F K No.27 Warm Sands Drive/Warm Sands Place Medians D A D D A D I No.28 Old Las Palmas New Medians (5) D D A D I No 29 Sunny Dunes to Mesquite (Cody Place medians) D D D D D A D I No. 30 Mountain View D A D D D I =G/JF JFK No. 31 Co ote Run NOT CURRENTLY ACTIVE D A D D A D I 1 D D Total r+rNn 7R/cat ncidel 1 Mowing D 16 Cultivation fcbntey Gu A e $) F 2 Mechanical Edging D 17 Renovation/Vertical Mowing J 3 Chemical Edging, Weed Control D 18 Turf Reseeding 1 4 Litter Control A 19 Disease/Pest Control F 5 Trash Containers A 20 Plant Materials K 6 Pet Waste Station 7 Raking D 22 Picnic Areas & Pavilions Insp. 8 Pruning, Hedge Trimming D 23 Playground Equip. Inspection 9 Clearing Walkways B3 24 Recreational Court Sweepin 10 Graffiti Eradication 25 Recreational Court Washin 11 Aerffication 1 26 Specialty Tasks (wne�repWre 12 Watering and Irrigation Maintenance D 13 Irrigation System Testing 1 14 Fertilization F-Turf/1-Shrubs G/J 15 Tree Trimmin & Pruning A Completed daily before 10.00 am 8 Completed daily before close of day *B3- Every 3 days/As needed C Completed daily before close of business (M-F) D Completed weekly before close of business on Fri E Completed bi-weekly or 2x a month F Completed monthly or 12 times a year G Completed bi-monthly or six times a year H Completed quarterly or four times a year I Completed bi-annually or two times a year 1 Completed annually *12 - Every 2 years K 6 Months (as needed) Item 1 K - 16 c•nserve LandCare City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs. CA 92262 Proposal#83677 Date: 5/6/2022 City of Palm Springs - Extra Work to the Contract 3200 E. Tahquitz Canyon Wy Palm Springs, CA 92262 Turf Conversion Along East Palm Canyon Between Farrell and Cerritos Parkway Turf Conversions Along East Palm Canyon Between Farrell & Cerritos Perform the following enhancement and irrigation retrofit work to (4) grass parkway islands along East Palm Canyon between Farrell and Cerritos: • spray, kill and remove approximately 40,655 sq. ft. of the existing grass in the (4) parkways • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (172) ea. 5g Agave varieties (weberi, americana, and truncata), (250) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima), and (26) 15g Chamerops humilis palms • provide and install (240) tons of stabilized Desert gold DG • provide and install (296) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include adding (2) ea. Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant Includes all labor, equipment, material, dump fees, and traffic control required to perform the above -described work. *Qualifies for DWA Turf Rebate of$3 per sq. f. Would receive approximately $121,965 back in rebates. "' ll pair/ in fidl within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion Conserve LandCare, LLC Page 72265 Manufacturing Rd • Thousand Palms, CA 92276 1/2 Item 1 K - 17 En $187 By Date L<-15� By Brent Sprague May 6, 2022 Date Conserve LandCare, LLC Subtotal $187,860.00 Tax $0.00 Total $187,860.00 City of Palm Springs Conserve LandCare, LLC Page 2/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 Item 1 K -18. c`nserve LandCare Staci Schafer City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 .•. . Date: 5/6/2022 City of Palm Springs - Extra Work to the Contract 3200 E. Tahquitz Canyon Wy Palm Springs, CA 92262 Turf Conversion Along Ramon and Sunrise Way Parkway Turf Conversions Along Sunrise Parkway & Ramon Road Perform the following enhancement and irrigation retrofit work to (3) grass parkway islands along Ramon Road and Sunrise Parkway: • spray, kill and remove approximately 16,640 sq. ft. of the existing grass in the (3) parkways • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (84) ea. 5g Agave varieties (weberi, americana, and truncata) and (103) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima) • provide and install (96) tons of stabilized Desert gold DG • provide and install (108) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include adding (2) ea. Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant Includes all labor, equipment, material, and any traffic control required to perform the above - described work. *Qualifies for DWA Turf Rebate of $3 per sq. f. Would receive approximately $49, 920 back in rebates. **If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion Description of Services Total Cos Conserve LandCare, LLC Page 1/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 Item 1 K - 19 Enhancement/Project $87,460.00 Subtotal $87,460.00 Tax $0.00 Total $87,460.00 BY BY Brent Sprague Date May 6, 2022 Date Conserve LandCare, LLC City of Palm Springs. n Conserve LandCare, LLC Page 2/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 Item 1 K - 20 c nserve LandCare City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm SDrinas. CA 92262 Proposal#83689 Date: 5/6/2022 City of Palm Springs - Extra Work to the Contract 3200 E. Tahquitz Canyon Wy Palm Springs, CA 92262 Parkway Turf Conversions Along East Palm Canyon between Canyon Sands Dr and Linden Way Perform the following enhancement and irrigation retrofit work to (1) grass parkway island along East Palm Canyon between Canyon Sands Dr and Linden Way: • spray, kill and remove approximately 10,900 sq. ft. of the existing grass in the parkway • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (42) ea. 5g Agave varieties (weberi, americana, and truncata). (76) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima), and (6) 15g Camerops humilis palms • provide and install (72) tons of stabilized Desert gold DG • provide and install (72) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include adding (2) ea. Sch80 risers with (2) ea. Rain Bird 0.50 gpm pressure compensating bubblers per tree, and polyflex risers with emitters per plant Includes all labor, equipment, material, and any traffic control required to perform the above - described work. *Qualifies for DWA Turf Rebate of $3 per sq. ft. Would receive approximately $32, 700 back in rebates. **!f paid in full within Net 30 days, we will apply a 5% discount to this project ** Services Billed - Fixed Price on Completion Conserve LandCare, LLC Page 72265 Manufacturing Rd • Thousand Palms, CA 92276 1/2 Item 1 K - 21 Enhancement/Project $52,760.00 Subtotal $52,760.00 Tax $0.00 Total $62,760.00 By Brent Sprague Date May 6, 2022 Conserve LandCare, LLC By Date City of Palm Springs Conserve LandCare, LLC Page 2/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 Item 1 K - 22 c♦nserve LanldCart. Staci Schafer City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Proposal.• Date: 5/6/2022 City of Palm Springs - Extra to the Contract 3200 E. Tahquitz Canyon Wy Palm SDrinos, CA 92262 Parkway Turf Conversions Along Ramon Rd. between Farrell and Premier Care Center Perform the following enhancement and irrigation retrofit work to (3) grass parkway islands along Ramon Rd in front of St. Theresa Catholic Church and Premier Care Center: • spray, kill and remove approximately 9,730 sq. ft. of the existing grass in the (3) parkways • cap all existing irrigation sprinkler heads below ground • disconnect irrigation lateral lines from existing valves • provide and install (40) ea. 5g Agave varieties (weberi, americana, and truncata). (57) ea. 5g Desertscape plantings varieties (bougainvillea, hesperaloe parviflora, caesalpinia pulcherrima), and (15) 15g Camerops humilis palms • provide and install (72) tons of stabilized Desert gold DG • provide and install (72) tons of 8" minus Arizona river cobble in a dry river bed look in between the existing palms • connect a new drip irrigation system throughout, which would include the addition of polyflex risers and emitters Includes all labor, equipment, material, and any traffic control required to perform the above - described work. *Qualifies for DWA Turf Rebate of $2 per sq. f. Would receive approximately $29,190 back in rebates. **If paid in full within Net 30 days, we will apply a 5% discount to this project** Services Billed - Fixed Price on Completion Enhancement/Project $54,970.00 Conserve LandCare, LLC Page 1/2 72265 Manufacturing Rd • Thousand Palms, CA 92276 Item 1 K - 23 Subtotal $54,970.00 By By Brent Sprague Date May 6, 2022 Date Conserve LandCare, LLC Tax $0.00 Total $64,970.00 City of Palm Springs Conserve LandCare, LLC Page 72265 Manufacturing Rd • Thousand Palms, CA 92276 2/2 Item 1 K - 24 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity Conserve Landcare, LLC 2. Address of Entity (Principle Place of Business) 72265 Manufacturing Rd., Thousand Palms, CA 92276 3. Local or California Address (if different than #2) Same as above 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California? El Yes El No 5. Type of Entity ❑ Corporation ❑x Limited Liability Company ❑ Partnership ❑ Trust ❑ Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Randy Mitchell x❑ Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other Kevin Rocker ❑x Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other Richard Sperber E Officer ❑ Director ❑ Member ❑ Manager [name] []General Partner ❑ Limited Partner ❑ Other CITY OF PALM SPRINGS — PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 05/16/19) Item 1 K - 26 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50% ABC COMPANY, Inc. [name of ownerlinvestor] (percentage of beneficial interest in entity and name of entity) A. Sperber Landscape Companies, LLC 100% Conserve LandCare, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity) B. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity] C. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity] D. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity] E. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of rty, Pri d Nam ,Title Date D 3, 2020 Ra d Mit ell, S Vice President and GeneraL PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2 (Revised 05/16/19) Item 1 K - 27 AMENDMENT NO.3 TO CONTRACT SERVICES AGREEMENT NO. 7139 CITY PARKS, ASSESSMENT DISTRICTS, MEDIANS, AND PARKWAYS LANDSCAPE AND GROUND MAINTENANCE SERVICES This Amendment No. 3 to the Contract Services Ag me (A7139), ("Amendment No. 3"), is made and entered into this yday of �a�Z, by and between the City of Palm Springs, a California charter city and municipal rporation, hereinafter designated as the City, and Conserve LandCare, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for Landscape and Grounds Maintenance Services at various City Parks, Assessment Districts, Medians, and Parkways (hereinafter "Landscape Maintenance"), and on May 16, 2018, the City Council approved a Contract Services Agreement (A7139) with Contractor to provide Landscape Maintenance services. B. On July 6, 2020, City and Contractor entered into Amendment No. 1, reducing the frequency of Landscape Maintenance of City Parks and Annual Turf Reseeding by fifty percent (50%), due to budget constraints anticipated by COVID-19, for an annual reduction of $392,974.68. C. At the time the City approved Contract Services Agreement (A7139) with Contractor to provide landscape maintenance, the scope of work did not include landscape maintenance of Assessment Districts, Medians, and Parkways as the City had entered into a separate Agreement (A7141) with Urban Habitat, Inc. for these services. D. Effective January 1, 2021, the City terminated Agreement A7141 with Urban Habitat, Inc. for landscape maintenance of Assessment Districts, Medians, and Parkways E. Amendment No. 2, effective January 1, 2021, expanded the scope of services for Contract Services Agreement (A7139) with Contractor to provide Landscape Maintenance of Assessment District, Medians, Parkways, and Annual Turf Reseeding; in the amount of $309,272, and an annual cost increase of $63,565.58 for annual turf reseeding; for Landscape Maintenance through June 30, 2021; and $372,837.28, for Landscape Maintenance services annually. F. City now wishes to amend Contract Services Agreement (A7139) to fully restore Landscape Maintenance service work frequencies previously reduced by 50% due to COVID- 19 budget constraints as identified in Amendment No. 1, inclusive of Contractor's annual CPI and re -seeding adjustment for a cost of $504,263.60. G. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Second Amendment. SECTION 2. Article 3 "Contract Price" as defined therein is revised to read: "One Million Two Hundred Seventy Thousand Seventy -Five Dollars and Sixty Cents ($1,270,075.83)." SECTION 3. Exhibit "A" Contractor's Bid Schedules are hereby revised by incorporating fully restored services as outlined in the attached Bid Schedules, included herein as Exhibit A. SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 7139, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 3 and any provisions of the Contract Services Agreement 7139, the provisions of this Amendment No. 3 shall in all respects govern and control. SECTION 5. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said Party is bound. Agreement Number: 7139 Original City Council Approval: May 16, 2018 Original Contract Amount: $ 682,854.00 FY19-20 CPI Adjustment: July 1, 2019 Annual Increase $ 53,399.18 Annual Contract Amount $ 736,253.18 FY20-21 CPI Adjustment: Annual Increase $ 49,697.40 Annual Contract Amount $ 785,950.58 Amendment #1 Annual Costs: Department Approval: July 6, 2020 Annual 4*srease/Decrease $ 392,974.68 Total Annual Contract Amount $ 392,974.69 Amendment #2 Annual Costs: City Council Approval: December 10, 2020 One -Time Cost Increase/sesFease $ 215,005.28 Total FY20-21 Contract Amount $ 607,979.97 Annuallncrease/sesFease- $ 372,837.28 Total Annual Contract Amount $ 765,811.97 This Amendment #3 Annual Costs: Annual Increase $ 360,610.05 Total Annual Contract Amount $1,126,422.27 FY21-22 CPI Adjustment: Annual Increase $111,126.56 Annual Contract Amount $1,158,949.27 Reseeding Adjustment $111,126.56 Total Annual Contract Amount FY21-22 $1,270,075.83 Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 7139 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 as of the dates stated below. "CITY" City of Palm Springs 0 Date: J J,9.14 By: Jus1V Clifton, City Wanager APPROVED AS TO FORM: ATTESTS By: By: JeffKey Baffin6w6ity Attorney A "ony J M ity Clerk APPROVED BY CITY COUNCIL q- q-),1.1ke4m IL E E h7131 Date: Date: i 0 ZZ Check one: _Individual _Partnership �rporation "CONTRACTOR" Conserve LandCare, Inc. By: Signature Name and Title By: Signature Name and Title Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 1/18/2022 before me, Edward Emst, Notary Public (insert name and title of the officer) personally appeared Randy Mitchell and Kevin Rocker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).Ware subscribed to the within instrument and acknowledged to me thatpefgpeftlley executed the same in I0isR)r Mheir authorized capacity(ies), and that by Wow/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) EDWARD ERNST COMhOn No. 2271884 wormer au►o�u uc_�ou_-w-rr Came. E� DER is, = EXHIBIT "A" CONTRACTOR'S REVISED (FULLY RESTORED) BID SCHEDULES W W N W W W W W N 0 0 0 O O d d d a Q Q Q N a a d a Q a a a d a a N Y Y Y Y ]C Y Y ]L Y ]C Y C" Y Y Y Y Y Y Y Y ]C Y X N 0 0 0 0 0 0 0 0 0 0 ei N LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL rn c c 0 0 0 0 0 0 0 cw 34 Q Q a Q a d a a a a a a+mmm mm LL LL LL LL LL LL LL LL LL LL LL M m M m m m rn m M m m m m m m m m m m m m m w ao m m m m m m m m m m of Q Q a Q Q a Q d d Q a a a d a a a d a a Q a a m o c 101 IQ c o c a N O 0 a O cc O O rl O O O O cc O O Z .O+ 5 I O M m t O d E $ aci y o LLa a S a c 10+ d Ii Y 0 Q l7 jE a oc N 10 N (CA A � 5 A d 41 d 3 N S1 ►- k V v M > W LL LL C m ! 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H c 3 o "~\ato z 5 ta 12 c o @ 1p E F as w G o W y H W S tJ v c , N 1L o C E c N x 3 u�i r E c A S U C U 1O C c 9 C- Qc R� yy E W Ln C LO v O �2"5Hdo1Oeaao.419 67 N� ii �Ma� ` N M IA l0 P ao of .••1 .4 -4 .-1 1.1 .d CONTRACT ABSTRACT 2 Original: Assignment, Assumption and Consent (AAC) Agreement (A7139) Company Name: Conserve LandCare Company Contact: Randy Mitchell Summary of Services: City Parks, Assessment Districts, Medians, and Parkways, Landscape and Grounds Maintenance Services Contract Price: $765,811.97 Annual Contract Total No cost related to AAC Agreement) Funding Source: General Fund/Assessment Districts/Measure J Contract Term: Initial 3-Year Term with two 1-Year options 06/30/2021 1 06/30/2023 Contract Administration Lead Department: Department of Maintenance and Facilities/Parks Contract Administrator: Staci Schafer/Ernesto Salinas Contract Approvals Council Approval: May 16, 2018 Amendment No. 1: July 6, 2020 Amendment No. 2: December 10, 2020, Item 1.S. Agreement Number: A7139 Contract Compliance Exhibits: On file Signatures: On file Insurance: On file Bonds: On file Contract Prepared By: BBK/Maintenance and Facilities Submitted on: 04/28/2021 Return executed original to the Department of Maintenance and Facilities Tabitha Richards From: Anil Kumar Sent: Monday, April 5, 2021 4:31 PM To: Tabitha Richards Subject: RE: Conserve LandCare - Change of Business Entity Attachments: Conserve LandCare Assignment Assumption Consent Agreement.docx eaaA Please have a look, feel free to correct if any...:. N P Thank you, AniCXumar I .account CCerk II City of Palm Springs I Department of Maintenance 9 Facilities 425 N Civic Drive, Palm Springs, CA 92262 Email: Anil. Kumar9palmspringsca.gov I Office: (760) 323-81671 Fax: (760) 322-5581 Palm Springs City Yard is Open 7am — 6pm Monday through Thursday, and Closed on Friday. From: Staci Schafer <Staci.Schafer@ pal mspringsca.gov> Sent: Monday, April 5, 2021 10:19 AM To: Anil Kumar <Anil.Kumar@palmspringsca.gov>; Karen Tolliver <Karen.Tolliver@ paImspringsca.gov> Subject: FW: Conserve LandCare - Change of Business Entity Staci A. Schafer Director of Maintenance & Facilities City of Palm Springs O. 760-323-8170 From: William Shepherd <William.Shepherd@bbklaw.com> Sent: Friday, April 2, 20219:29 AM To: Staci Schafer <Staci.Schafer@palmspringsca.gov>; Jeff Ballinger <Jeff.BaIli nger@bbklaw.com>; Anil Kumar Anil. Kumar@palmspringsca.gov>; Tabitha Richards <Tabitha.Richards@palmspringsca.gov> Cc: Anthony Mejia <Anthony.Melia@ palmspringsca.gov> Subject: RE: Conserve LandCare - Change of Business Entity Good Morning Staci, Thank you for providing the original agreement. I am attaching an Assignment, Assumption, and Consent Agreement to this email for your use with Conserve LandCare. There are just a few blanks more to fill in before signing. Justin Clifton can sign for the City. We (BB&K) will sign off on the " Approved as to Form." Also, I am at a Template Assignment, Assumption, and Consent Agreement to this email for your future use in other similar scenarios that may arise. Please let us know if you have any questions. 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Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best & Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Staci Schafer <Staci.Schafer@palmspringsca.gov> Sent: Monday, March 29, 20214:02 PM To: Jeff Ballinger <Jeff.Ballinger@bbklaw.com> Cc: Anil Kumar <Anil.Kumar@paImspringsca.gov>; Tabitha Richards <Tabitha.Richards@palmspringsca.gov> Subject: FW: Conserve LandCare - Change of Business Entity Jeff, Do we need to amend our existing agreement, create a new one altogether or can we just ask David to sign this form as requested? Thanks, Staci A. Schafer Director of Maintenance & Facilities City of Palm Springs O. 760-323-8170 From: Randy Mitchell <ritchell@conservelandcare.com> Sent: Monday, March 29, 2021 11:45 AM To: Staci Schafer <Staci.Schafer@palmspringsca.gov> Cc: Ernesto Salinas <Ernesto.Salinas@palmspringsca.gov>; Albert Contreras <acontreras@conservelandcare.com> Subject: Conserve LandCare - Change of Business Entity U Good morning Staci, hope you are doing well. I am writing this email to attach a letter informing the City of Palm Springs that we have changed our business entity form from Conserve LandCare, Inc. to Conserve LandCare LLC. We are the same company but now operate as an LLC rather than a corporation. With this change comes a new CSLB license number. The attached letter explains this change in further detail and provides authorization for consent. Please review at your convenience and do not hesitate to contact me with any questions. Thank you, t, paniaz)aanoApewaay} alalapAlaleipawwipueIiewaAjdaaeinaapuasa4l asinpeaseald'aoaaauiuoile:)iunwwo:) siylpania:)a.aaneyAewno%le4lanaijaqao'luaidpaapapualuia4llouaieno%ll uoileuaaojuileguappooasiMaayloaopagaliniaduieluo:) Aewl! ql!Mpall!wsuealsluawq:)elleaosalilAuepueIiewasiyl ZZ99'6tZ-09L :dkwa6aaw3s.inoHJaTJV9LZZ6 y:)'sualedpuesnoyl.'peoy6utinpelnueWS9ZZLwog• aae:)pueIaAJasu03mDlla(431iWa :3EE170'£ b£'09L ::f £Etit'£t£'09L :d91bZL'OSZ'09L :WJa6eueW leaauaE) pueluap!saada:)IAJOIUaSlia4:) 4!WAPuesw0:)' aJe:)puejanJasu03-NV%AnG) G0a0ZZ i £LOi 'oNasua311aie:) PUL> anaasuIP:) ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT Assignment") is made and entered into as of the _1' day of ei / , 2021, by Conserve Landcare, Inc. a California Corporation ("Assignor"), Conserve Landcare LLC, a California corporation ("Assignee"), and the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under virtue of the laws of the State of California ("City"). WHEREAS, Assignor and City entered into that certain Contract Services Agreement dated May 16, 2018, for City Parks Landscape and Grounds Maintenance Services ("Agreement"); and WHEREAS, pursuant to Article 10 of the Agreement, Assignor may not assign the Agreement without the written consent of the City; and WHEREAS, Assignor has changed its business entity form from a corporation to an LLC to become Assignee; and WHEREAS, Assignor desires to assign the Agreement, Assignee agrees to assume the obligations of Assignor pursuant to the Agreement, and City desires to consent to such assignment of the Agreement. NOW, THEREFORE, in consideration of the premises and their respective best interests, the parties agree as follows: Assignor assigns to Assignee the rights and obligations of Assignor as provided in the Agreement, retroactive to February 1, 2021. 2. Assignee accepts the assignment of the Agreement retroactive to February 1, 2021, and agrees to assume and perform all covenants and obligations required of Assignor thereunder to the extent, but only to the extent, occurring or accruing from and after the February 1, 2021. Assignee covenants and agrees to indemnify, save, defend and hold harmless Assignor from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys' fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring from and after February 1, 2021. Assignor hereby agrees to indemnify, save, defend and hold harmless Assignee from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys' fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring prior to February 1, 2021. 3. City hereby consents to the assignment by Assignor to Assignee pursuant to the terms hereof and acknowledges that from and after February 1, 2021, Assignee has assumed all of Assignor's obligations with regard to the Agreement. 4. Assignor and City do hereby represent and warrant to Assignee neither party is in default lI under the Agreement, nor does there exist any matter that, but for the passage of time, would constitute a default under the Agreement. 5. This Assignment may be executed in any number of counterpart copies which together shall constitute one and the same document; and a signed copy of this Assignment sent by a party by fax or email shall be effective and binding on the sending party as if it was an original signed copy of the document. IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective retroactive to February 1, 2021. ASSIGNOR: Conserve care n By: Name: Randy Mitch 1 Title: Senior Vice President By: Name: Key ocker Title: Vi e resident APPROVED BY CrfY COUNCIL V/6/8 /, .-w Zs A 7/3 y APPROVED AS TO FORM: J Aey B Ofnger City Attorney ASSIGNEE: Cons e Landcar LLC By: Name: Randy Mit hel Title: Senior Vice President By: OF Name: Ke cker Title: V' President CITY: CITY OF PALM SPRINGS leBy: WName: Vustin Clifton Title: City Manager 4'x...:,r. .., ':,. CONTRACT ABSTRACT 2 Original: Amendment No. 2 Contract Company Name: Conserve LandCare Company Contact: Randy Mitchell Summary of Services: City Parks, Assessment Districts, Medians, and Parkways, Landscape and Grounds Maintenance Services Contract Price: $607,979.97 FY20-21 Contract Total 765,811.97 Annual Contract Total Funding Source: General Fund/Assessment Districts/Measure J Contract Term: Initial 3-Year Term with two 1-Year options Contract Administration Lead Department: Department of Maintenance and Facilities/Parks Contract Administrator: Staci Schafer/Ernesto Salinas Contract Approvals Council Approval: May 16, 2018 Amendment No. 2: December 10, 2020, Item 1.S. Resolution Number: N/A Agreement Number: A7139 Contract Compliance Exhibits: Attached Signatures: Attached Insurance: On file Bonds: On file Contract Prepared By: Tabitha Richards Submitted on: 12/28/2020 By: Tabitha Richards City Council Minutes December 10, 2020 Q. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20-0659 IN THE AMOUNT OF $317,990 ISSUED TO WILLDAN ENGINEERING, A CALIFORNIA CORPORATION, PURSUANT TO ON -CALL AGREEMENT (A6688) FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AND APPROVE AMENDMENT NO. 2 IN THE AMOUNT OF $240,294 TO PROFESSIONAL SERVICES AGREEMENT (A7071) WITH RIOS CLEMENTI HALE STUDIOS, A CALIFORNIA CORPORATION, ASSOCIATED WITH THE DOWNTOWN PARK, CITY PROJECT NO. 15-07 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: Authorize an increase in the amount of $317,990 to Purchase Order No. 20-0659 for Construction Management and Inspection Services with Willdan Engineering, a California corporation. A6688 2. Approve Amendment No. 2 to Professional Services Agreement No. 7071 in the amount of $240,294 with Rios Clementi Hale Studios, a California corporation. A7071 3. Authorize the City Manager to execute all necessary documents. R. SUCCESSOR AGENCY: APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 21-22A AND 21-22B) FOR THE PERIOD OF DULY 1, 2021 THROUGH JUNE 30, 2022, PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE MOTION BY AGENCY MEMBER GARNER, SECOND BY VICE CHAIR MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24833 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (BOPS 21-22 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2021 THROUGH JUKE 30, 2022, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE." S. APPROVE AN AMENDMENT TO CONTRACT SERVICES AGREEMENT NO.7139 (A7139) WITH CONSERVE LANDCARE, INC., FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., in the amount of $372,837, for a total annual contract amount of 765,811. A7139 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 10 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 7139 (A7139) CITY PARKS, ASSESSMENT DISTRICTS, MEDIANS, AND PARKWAYS LANDSCAPE AND GROUND MAINTENANCE SERVICES This Amendment No. 2 to the Contract Services Agreement (A7139), ("Amendment No. 2"), is made and entered into this day ofX-t yA)C , 2020, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Conserve LandCare, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for Landscape and Grounds Maintenance Services at various City Parks, Assessment Districts, Medians, and Parkways (hereinafter Landscape Maintenance"), and on May 16, 2018, the City Council approved a Contract Services Agreement (A7139) with Contractor to provide Landscape Maintenance. B. On July 6, 2020, City and Contractor entered into Amendment No. 1, reducing the frequency of Landscape Maintenance of City Parks and Annual Turf Reseeding by fifty percent 50%), due to budget constraints anticipated by COVID-19, for an annual reduction of 392,974.68. C. At the time the City approved Contract Services Agreement (A7139) with Contractor to provide landscape maintenance, the scope of work did not include landscape maintenance of Assessment Districts, Medians, and Parkways, as the City had entered into a separate Agreement (A7141) with Urban Habitat, Inc., for these services. D. Effective January 1, 2021 the City will have terminated A7141 with Urban Habitat, Inc. for landscape maintenance of Assessment Districts, Medians, and Parkways. E. The City is responsible for Landscape Maintenance and requested Conserve LandCare submit a proposal to provide Landscape Maintenance of the Assessment Districts, Medians, and Parkways. In addition, City requested Contractor provide Turf Reseeding in full of all City Parks. F. It is necessary to expand the scope of services for Contract Services Agreement A7139) with Contractor to provide Landscape Maintenance of Assessment District, Medians, Parkways, and Annual Turf Reseeding. G. Contractor has submitted to City a proposal to provide landscape maintenance of Assessment Districts, Medians, and Parkways in the amount of $309,272, for a one-time cost increase of $215,005.28, and a one-time cost of $63,565.58, for Landscape Maintenance through June 30, 2021; and $372,837.28, for Landscape Maintenance services annually. H. City wishes to amend Contract Services Agreement (A7139) to add the additional Landscape Maintenance as identified in this Amendment No. 2. I. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Second Amendment. SECTION 2. Article 3 "Contract Price" as defined therein is revised to read: "Seven Hundred Sixty -Five Thousand Eight Hundred Eleven Dollars and Ninety -Seven Cents 765,811.97)." SECTION 3. Exhibit "A" Contractor's Bid Proposals is hereby revised by incorporating the additional services as outlined in Contractor' Proposal, included herein as Attachment A, Landscape and Grounds Maintenance Services, Assessment Districts, Medians, and Parkways. SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 7139, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provisions of the Contract Services Agreement 7139, the provisions of this Amendment No. 2 shall in all respects govern and control. SECTION 5. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound. Agreement Number: 7139 Original City Council Approval: May 16, 2018 Original Contract Amount: $ 682,854.00 FY19-20 CPI Adjustment: July 1, 2019 Annual Increase $ 53,399.18 Annual Contract Amount $ 736,253.18 FY20-21 CPI Adjustment: Annual Increase $ 49,697.40 Annual Contract Amount $ 785,950.58 Amendment #1 Annual Costs: Department Approval: Annual use/Decrease Total Annual Contract Amount THIS Amendment #2 Annual Costs: City Council Approval: One -Time Cost Increase/Decrease Total FY20-21 Contract Amount Annuallncrease/De o Total Annual Contract Amount July 6, 2020 392,974.68 392,974.69 December 10, 2020 215,005.28 607,979.97 372,837.28 765,811.97 Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. 7139 remain in full force and effect. SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 as of the dates stated below. Date: APPROVED AS TO FORM: By: Jeffrey Ballinger, City Attomey Date: yav 7 '0 Date: Z -X-'zp APPROVED BY CITY COUNCIL Check one: _Individual _Partnership fiCorporation CITY" City of Palm Springs By: David H. Ready, City MU00 r ATTEST: Anth ny J Mejiia, MM , City Clerk y CONTRACTOR" Conserve Lan By: Signature Name and Title ignature C /J ?` Name and Title Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 as of the dates stated below. Date: Jeffrey Ballinger, City Attorney Date: / zv 7--° Date: Z z y Za CITY" City of Palm Springs 5r By: Check one: _Individual _Partnership/cCorporation David H. Ready, City Manager ATTEST: M Anthony J Mejia, MMC, City Clerk CONTRACTOR" Conserve Land , By: Signature Name and Title By: I % --- ignature Name and Title Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary pubre or other officer completing this certific sta verifies only the identity of they inc dual who signed the document to which flvs certificate is attached, and not the to thfurness, accuracy, or vaDft of that document t State of California County of 1 `1-%(S 1 t } ` on 12. / 224 ZO Z before me, to (j M Ad 1, Vv' °'') '' 01`l G. Date Here Insert Nance and TWe of ffipe personally appeared e 0 q vAG1 Py I I c 111arree(s) of Sigrxw(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose names) ivare subscribed to the within instrument and acknowledged to me that hefshelthey executed the same in his/herftheir authorized capacity{es), and that by histher/their sigroature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument_ I certify under PENALTY OF PERJURY under the lays of the State of California that the foregoiing paragraph is true and corned VWTNESS my h 77/7 KELLY L. MCFADDEN NotaryPublic- California Z Riverside County Signab fe Commission # 2200293 My Comm. Expires Jul 2, 2021 of Notary ICrc Place Notary Seat Above OFnomL 7haugh finis section is optional, compfe fts inforr obon can defer alteration of fire document or fraudlvient reattachment of this farm to an unintwmlled document Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Capadty(ies) Claimed by Signer(s) Signer's Nana: Corporate Officer — Trtle(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing- C... @ - Named Above: Signer's Name: Corporate Officer — Titre(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - www.NatiorkWNotary.org - 1-WO-US NOTARY (1-800-876-027) Item #&W7 ATTACHMENT A CONSERVE LANDCARE, SUBMISSION BID SCHEDULE C ASSESSMENT DISTRICTS: LANDSCAPE AND GROUNDS MAINTENANCE SERVICES The following Bid Schedule C is for the identification of monthly lumpsum prices for landscape and ground maintenance services at the City's various Landscape Maintenance Assessment districts. Bidders shall refer to the Attachment A "Assessment Districts" for a listing of the areas requiring landscape maintenance and the work activities/frequencies required. FY 20-21 LOCATION MONTHLY ANNUALLY Assessment District No. 6A 225.00 2,700.00 Fairport Development Assessment District No. 6C 590.00 7,080.00 Park Sonora Tract Assessment District No. 7 300.00 3,600.00 Sunrise Norte Assessment District No. 8 450.00 5,400.00 Vintage Palms Assessment District No. 9 600.00 7,200.00 Flora Vista Assessment District No. 10 — Zone 1 3,200.00 38,400.00 Mountain Gate 1 Assessment District No. 10 — Zone 2 3,150.00 37,800.00 Mountain Gate 2 Assessment District No. 12 115.00 1,380.00 Smoke Tree Commons Sub -Total Bid Schedule C 8,630.00 103,660.00 BID SCHEDULE D PARKWAYS AND MEDIANS: The following Bid Schedule D is for identification of monthly lump sum prices for landscape and grounds maintenance services for the City's various landscaped parkways and medians. Bidders shall refer to Attachment B, "Parkways and Medians" for a listing of the areas requiring landscape maintenance and the work activities/frequencies required. FY 20-21 PARKWAY/MEDIAN LOCATION LUMP SUM BID PER MONTH) ANNUAL COST Location #1 230.00 2,760.00 Location #2 120.00 1,440.00 Location #3 1,640.00 19,600.00 Location #4 240.00 2,880.00 Location #5 240.00 2,880.00 Location #6 460.00 5,520.00 Location #7 160.00 1,920.00 Location #8 2,180.00 26,160.00 Location #9 260.00 3,120.00 Location #10 240.00 2,880.00 Location #11 1,600.00 19,200.00 Location #12 620.00 7,440.00 Location #13 360.00 4,320.00 Location #14 220.00 2,640.00 Location #15 150.00 1,800.00 Location #16 1,660.00 19,920.00 Location #17 160.00 1,920.00 Location #18 520.00 6,240.00 Location #19 180.00 2160.00 Location #20 400.00 4,800.00 Location #21 1,200.00 14,400.00 Location #22 350.00 4,200.00 Location #23 350.00 4,200.00 BID SCHEDULE D Continued) PARKWAYS AND MEDIANS PARKWAY/MEDIAN LOCATION LUMP SUM BID PER MONTH) ANNUAL COST Location #24 460.00 5,520.00 Location #25 140.00 1,680.00 Location #26 1,450.00 17,400.00 Location #27 160.00 1,920.00 LoGatkm #28 IS #/A Location #n 780.00 9,360:00 Location #30 520.00 6,240.00 Location #31 340.00 4,080.00 Leeation #,32 360.00 4,=00 433 7W.00 9-,00 .00 L-Geation #34 390.00 4,40:00 Sub -Total Bid Schedule D 16,89g0.00__r 226,680:00 Revised Sub -Total Bid Schedule D $16,610.00 $199,320.00 BID SCHEDULE E ASSESSMENT DISTRICTS, PARKWAYS & MEDIANS ANNUAL TURF RE -SEEDING The following Bid Schedule E is for identification of the annual unit prices for turf reseeding at the City's various Parkways, Medians, and Assessment Districts. Bidders shall refer to Attachment E, Turf -Reseeding" for a listing of the areas requiring turf re -seeding. Units are provided in acres and a price per acre is required by the bidder (It is the bidders responsibility to determine the cost per area). Item Description Estimated Unit Unit FY 20-21 No. Quantity Price 1 Assessment District No. 6C 0.24 Acres Park Sonora Tract 1,360.00 326.40 2 Assessment District No. 7 1.02 Acres Sunrise Norte 1,360.00 1,387.20 3 Assessment District No. 9 0.15 Acres Flora Vista 1,360.00 204.00 4 Assessment District No. 10 — Zone 1 0.73 Acres Mountain Gate 1 1,360.00 992.80 5. Parkways & Medians 2.56 Acres 1,360.00 3481.60 Sub -Total for Bid Schedule C 6,392.00 Bid Schedule C Annual Sub -Total 103,560.00 Bid Schedule D Annual Sub -Total 226,68 $199,3 Bid Schedule E Annual Sub -Total 6,392.00 OVERALL TOTAL REVISED BID TOTAL $309,272.00 0.00 rnw V ZWM Cd wwU. 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FROM: David H. Ready, City Manager BY: Staci Schafer, Director of Maintenance and Facilities SUMMARY This action will approve Amendment No. 2 to Contract Services Agreement No. 7139 A7139) with Conserve LandCare, Inc., incorporating landscape and grounds maintenance services of Assessment Districts, Medians, and Parkways. RECOMMENDATION: 1. Approve Amendment No. 2, to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., in the amount of $372,837, for a total annual contract amount of $765,811; 2. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: Conserve Landcare, Inc. Conserve Landcare, a California corporation. According to a Statement of Information filed with the State of California Secretary of State, the corporate officers are: George Gonzalez as CEO, Theresa Gonzalez as Secretary, and Bruce Wilson as CFO, and George Gonzalez, Theresa Gonzalez and Bruce Wilson as Directors. A Public Integrity Disclosure Form is included as Attachment 1. 4 L, d 0.C. --• S. City Council Staff Report December 10, 2020 -- Page 2 Amendment to Contract Services Agreement No. 7139 BACKGROUND: The City has historically contracted for landscape and grounds maintenance services since 1995, privatizing these services in an effort to reduce General Fund operating and maintenance costs. On May 16, 2018, Council awarded three Contract Services Agreements for Landscape and Grounds Maintenance Services of City Parks, City Facilities, and Assessment Districts, Medians, and Parkways, with an initial three-year term, terminating June 30, 2021 and two one-year optional renewals at the City's discretion. Invitation for Bids Company Bid Amount IFB 18-05, City Parks Conserve LandCare 682,854 IFB 18-06, City Facilities PWLC II, Inc. 408,698 IFB 18-07, Assessment Districts, Medians, and Parkways Urban Habitat, Inc. 256,002 STAFF ANALYSIS One of the budget savings measures implemented for FY 20-21 was a 50% reduction in landscape maintenance services, due to COVID-19 impacts. The City operates with three different contractors to provide landscape maintenance services at all City Parks, Facilities including certain areas of the Palm Springs International Airport, various landscaped Medians, Parkways, and Assessment Districts throughout the City. The total cost of these contracts is $1,482,288 and $1,155,868 is funded by the General Fund. The remaining cost is funded through Special Revenue Fund accounts for revenue received through special property assessments levied on certain properties to offset the City's costs associated with landscaping, lighting or parkway maintenance and $258,774 by the Airport Fund. Each contract was amended reducing General Fund services by 50%, reducing the frequency of tasks, and routine services, this excluded maintenance services provided for Airport, and Assessments Districts. Urban Habitat, Inc., is responsible for the Landscape and Grounds Maintenance Services of Assessment Districts, Medians, Parkways, and annual Turf Reseeding. On August 5, 2020, the City issued a Notice of Default to Urban Habitat for failure to prosecute the Work according to the approved schedule, for Landscape Maintenance Services provided in June 2020, Attachment 2. On August 17, 2020, the City issued a second Notice of Default for Landscape Maintenance Services provided in July 2020, included as Attachment 3. K City Council Staff Report December 10, 2020 — Page 3 Amendment to Contract Services Agreement No. 7139 On October 22, 2020, the City issued a Notice of Intent to Default and Demand to Cure to Urban Habitat, Inc, included as Attachment 4. Urban Habitat is in default of the Contract for, without limitation, abandoning the work by failing to report to the work site and diligently prosecuting the work, disregarding or violating the provisions of the Contract or the City's instructions, and failing to prosecute the work according to the approved schedule without excusable delays. Very poor landscape maintenance was identified in various areas, including the Canyon Sands Parkway, Mountain Gate Parkway, and Sunny Dunes (Triangle) Parkway. Despite the City's notification of this fact, these unsatisfactory conditions have persisted. Canyon Sands Images depict deficiencies noted on 7-14-20. Images below depict deficiencies noted on 7-17-20. 3 a r j 4 r • _ _, =_ ht --ma yy City Council Staff Report December 10, 2020 -- Page 5 Amendment to Contract Services Agreement No. 7139 Mountain Gate II September 22, 2020) City Council Staff Report December 10, 2020 -- Page 6 Amendment to Contract Services Agreement No. 7139 Urban Habitat responded to the City's Demand to Cure on October 30, 2020, requesting to meet with staff and discuss the claims presented against them. On November 3, 2020, staff and Urban Habitat met review their contractual obligations, resulting in the determination to amend Urban Habitat's contract term to December 31, 2020. Due to the continued maintenance issues experienced with Urban Habitat staff solicited bids from both Conserve LandCare and PWLC II, for Landscape and Grounds Maintenance Services of Assessment Districts, Medians, and Parkways. The table below identifies each contractor's bid. Bid Schedule Bid Results Conserve LandCare PWLC II Bid Schedule A - Assessment Districts $ 103,560 $ 102,636 Bid Schedule B - Medians & Parkways $ 199,320 $ 217,848 Bid Schedule C - Annual Turf Reseeding $ 6,392 $ 11,017 Total Bid $ 309,272 $ 331,501 These are annual costs; 50% of this cost will be incurred for remainder of Fiscal Year 2021. Conserve LandCare is the low bidder, with a total annual cost of $309,272 and an increase of $151,440 for Fiscal Year 20-21. Although Conserve LandCare's bid exceeds the current annual cost of Urban Habitat at $271,327, Conserve LandCare's bid includes new Parkways and Medians that must be included in these services. The proposed Amendment also includes annual turf reseeding for City Parks, in the amount of $63,565, for a total increase of $215,005, for Fiscal Year 20-21. Staff recommends transferring the services to Conserve LandCare as this vendor has been providing acceptable landscape maintenance services. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 (h) projects consist of the maintenance of existing landscaping and native growth; therefore, landscape and grounds maintenance services are considered categorically exempt from CEQA. 0 City Council Staff Report December 10, 2020 -- Page 7 Amendment to Contract Services Agreement No. 7139 FISCAL IMPACT: Although the cost of landscape maintenance services with Conserve LandCare is 215,005 more than with the current vendor, funding is available in the currently adopted budget and a supplemental appropriation is not required. Sufficient funding for Fiscal Year 20-21 is available in the following accounts: Account Amount 001 2451 43065 81,685 001 2451 43200 67,800 001 2451 43500 1,350 001 2451 43520 3,540 260 1396 42301 1,800 141 4310 43530 2,700 141 4310 43550 3,600 141 4310 43560 19,200 141 4310 43570 18,900 141 4310 43580 690 141 4310 43590 1,380 141 4310 43595 2,760 141 4310 43597 9,600 Total SUBMITTED: taci Schafer Director of Maintenance & Facilities APPROVED - David H. Ready, Esq., Ph. City Manager Attachments: 1. Public Integrity Disclosure Form 2. Notice of Default, August 5, 2020 3. Notice of Default, August 17, 2020 4. Notice of Intent and Demand to Cure 5. Amendment No. 2 215,005 Z/iz 144 I ae- Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager 7 CONTRACT ABSTRACT 2 Original: Amendment No. 1 Contract Company Name: Conserve LandCare Company Contact: Randy Mitchell Summary of Services: City Parks, Landscape and Grounds Maintenance Services Contract Price: $674,898.75 FY19-20 (including this A#1, for a decrease of 61, 354.43) Fundinq Source: $392,974.69 FY20-21 (including this A#1, for a decrease of Contract Term: $392,974.68) 001-2451-43240 Initial 3-Year Term with two 1-Year options ontract Administration Lead Department: Department of Maintenance and Facilities/Parks Contract Administrator: Staci Schafer Contract Approvals Council Approval: May 16, 2018 Resolution Number: N/A Agreement Number: A7139 0 O O Contract Compliance Exhibits: Attached Signatures: Attached Insurance: On file Bonds: On file Contract Prepared By: Tabitha Richards q Z Ln M c3 x v, w - r ZjCOC.) Submitted on: 06/23/2020 By: Tabitha Richards 1•! 0 AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. 7139 WITH CONSERVE LANDCARE, INC. FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES, CITY PARKS This Amendment No. 1 to the Contra t Services Agreement (7139), ("Amendment No. 1"), is made and entered into this (0144 day of ., 2020, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Conserve Landcare, Inc., a California corporation, hereinafter designated as the Contractor. RECITALS A. City and Contractor entered into that certain Agreement No. 7139 for Landscape and Ground Maintenance services related to City parks, ("Services"). B. City is decreasing frequency rates for work tasks and services as noted in Exhibit A and will reduce corresponding costs from this original agreement by fifty percent. C. The parties wish to enter into this Amendment No. 1 to proceed with the reduction in frequency to professional services and reduction in costs related to Landscape and Grounds Maintenance Services at City parks. NOW, THEREFORE, in consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Second Amendment. SECTION 2. Article 3 "Contract Price" The Maximum Contract Amount is hereby amended as follows: The amended amount for the combined remaining months of Fiscal Year 19-20 (May and June) is decreased of Sixty -One Thousand Three Hundred Fifty -Four Dollars and Forty - Three Cents ($61,354.43), for a total maximum contract amount of Six Hundred Seventy -Four Thousand Eight Hundred Ninety -Eight Dollars and Seventy -Five Cents, for the performance of the contract services as further identified in Exhibit A attached hereto and incorporated herein, effective May 1, 2020, and continuing through June 30, 2020. The amended amount for Fiscal Year 20-21 is decreased of Three Hundred Ninety -Two Thousand Nine Hundred Forty -Seven Dollars and Sixty -Eight Cents ($392,947.68), for a total maximum contract amount of Three Hundred Ninety -Two Thousand Nine Hundred Forty -Seven Dollars and Sixty -Nine Cents ($392,974.69), for the performance of the contract services as further identified in Exhibit A attached hereto and incorporated herein, effective July 1, 2020, and continuing through June 30, 2021. SECTION 3. Bid Schedule "A" is hereby amended to incorporate a decrease in frequency to work tasks as noted in Exhibit A to the following: City Parks SECTION 4. Bid Schedule "B" is hereby amended to incorporate a fifty percent reduction in annual turf reseeding costs to $63,565.28. SECTION 4. Bid Schedules "A & B" are hereby revised by incorporating the following itemized fee reductions in Article 3 "Contract Price" with the following LOCATION City Parks May and June of FY 19 — 20) City Parks (FY 20 -21) Annual Turf Reseeding (FY 20-21) MONTHLY ANNUALLY 30,677.22) ($61,354.43) 32,747.93) ($329,409.41) N/A ($63,565.28) Agreement Number: 7139 Original City Council Approval: Original Contract Amount: Landscape & Ground Maintenance Services Total Annual CPI Adjusted Amount for FY19-20 Amendment #1 Annual Costs: Total Annual'^^/Decrease for FY 19-20 Total Annual Contract Amount for FY 19-20 Total Annual CPI Adjusted Amount for FY 20-21 Total Annual Insreasse/Decrease for FY 20-21 Total Annual Contract Amount for FY 20-21 Maximum Annual Contract Amount for FY 19-20 Maximum Annual Contract Amount for FY 20-21 May 16, 2018 682,854.00 736,253.18 61,354.43) 674,898.75 785,949.37 392,974.68) 392,974.69 674, 898.75 392,974.69 SECTION 9. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 7139, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement 7139, the provisions of this Amendment No. 1 shall in all respects govern and control. SECTION 10. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below. Date: Q l [C)(, JU70 APPROVED AS TO FORM: By: Jeffrey B Ilin er, City Atorney Date: Date: APPROVED BY MY COUNCL CITY" City of Palm Springs By: David 5*f Sc G +`G °x o F 6t,1 /4-1151 ATTEST: By: AnthAnyJMej' ,M Clerk CONTRACTOR" Conserve Landcare, Inc. - - By: Signature Check one: _Individual _Partnership _Corporation 4"Y AVrAff*,W- , vt&e FostvNA"r FOA. George Gonzalez, CEO By: . 6&L Signature Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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D rD 7 vOi t ii d rDN D Z l 0 O 0itW ON _ rri rD m m 0NN z G7 T p v p 03-0 M 0/ D n fD p O fD fD d SU a' ai n= D m v 4 c S o SON yoZiw O 77, cu Q v a wD 0-i O 3 D X mm m m m m m m m F.. m m m m m m m m m N W N WN WN WN WN WN WN WN WN WN WN wD D D D D D D D D D D A D D D D D D D D D D D to D D D D D D D D D D D m v v v v v v v v v v V C) c) G) m m n In n G) G) 00 W W W W W W W W W W N N N N N N N N N N F+ O F+ W co W W W W W W W W F+ N N N N N N N N N N N m m m m m m m m m m w w G) Gl Gl G) Gl Gl G) G) 67 A A w 07co W W W W W 07 07 W F+ N N N N N N N N N N C1 N N N N N N N N N N V N N N N N N N N N N 00 TI n n T1 T1 n T7 T7 T1 T1 1'- c N O NF+ NW co coWN WN N WN00 W 07N 07N co Ili r-ip rW N p p p v p pLn A T T T T T T T N CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Contact: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Email: Contract Administration Lead Department: Contract Administrator/ Ext: Funding Source: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Business License: Solicitation / 3 Quotes: Sole Source / Co-Op: CoOp Agmt #:________________ CoOp Name: ________________ CoOp Pricing:________________ Submitted on: By: Department of Maintenance & Facilities/Park Maintenance David McAbee/Kenneth Kershaw 1006540-40105 | 5206570-50119 April 27, 2023, Item 1.K. A7139 6 Conserve LandCare LLC Brent Sprague bsprague@conservela City Park, ADs, Medians, Parkways Landscape Srvs $9,791,036.14 07/01/18 - 06/30/2024 on file N/A 05/09/2023 Tabitha Richards Attached Attached Attached on file 20026267 IFB 18-05 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A CITY COUNCIL STAFF REPORT DATE: APRIL 27, 2023 CONSENT CALENDAR SUBJECT: APPROVE AMENDMENT NO. 6 TO CONTRACT SERVICES AGREEMENT NO. 7139 WITH CONSERVE LANDCARE, LLC FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES FROM: Scott C. Stiles, City Manager BY: David McAbee, Director of Public Works SUMMARY: This action will approve Amendment No. 6 to Contract Services Agreement No. 7139 with Conserve LandCare, LLC to retrofit turf within five (5) city parks and extend the agreement through June 30, 2024, and include a CPI increase, for an amount not to exceed $4,253,472.01. RECOMMENDATION: 1. Approve turf conversion projects for Baristo, Desert Highland, Frances Stevens, Ruth Hardy and Victoria Parks as unanimously approved and recommended by the Parks & Recreation Commission (Attachment A); 2. Approve Amendment No. 6 (Attachment B) to Contract Services Agreement No. 7139 with Conserve LandCare, LLC for a not-to-exceed amount of $4,253,472.01 for the turf conversion, extended term, CPI increase and a revised total contract amount of $9,791,036.14; and 3. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: According to the Public Integrity Disclosure form (Attachment C), Conserve LandCare, LLC is a corporation registered in the State of California. BACKGROUND: The City has contracted for landscape and grounds maintenance services since 1995, privatizing these services in an effort to reduce General Fund operating and maintenance Item 1K - Page 1 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 2 Amendment No. 6 City Parks Turf Retrofit costs. On May 16, 2018, Council awarded three Contract Services Agreements for Landscape and Grounds Maintenance Services of City Parks, Facilities, Assessment Districts, Medians, and Parkways, with an initial three-year term, terminating June 30, 2021, and two one-year optional renewals at the City’s discretion. On January 1, 2021, the City terminated Contract Service Agreement No. 7141 with Urban Habitat Inc., for landscape maintenance for Assessment Districts, Medians and Parkways and added these services as Amendment No. 2 to the Contract Services Agreement No. 7139 with Conserve LandCare, LLC. One of the budget savings measures implemented for FY 20-21 was a 50% reduction in landscape maintenance services, due to COVID-19 impacts. The City operates with two different contractors (Conserve LandCare and PWLC) to provide landscape maintenance services at all City Parks and Facilities including certain areas of the Palm Springs International Airport, and various landscaped Medians, Parkways, and Assessment Districts throughout the City. Each contract was amended, reducing services by 50%. On July 1, 2021, the City and Conserve LandCare exercised the first of two one-year optional renewal terms for City Parks, Assessment Districts, Medians, and Parkways landscape and grounds maintenance services through June 30, 2022. Amendment No. 3, approved on September 9, 2021, restored 100% landscape and grounds maintenance services for City Parks. Amendment No. 4, approved on June 16, 2022, (i) exercised the second one-year optional renewal term; (ii) added $50,000 for increased frequency of landscape maintenance services provided from July 1, 2021, through December 31, 2021, and (iii) included a reduction of $27,076.90 for services not performed at the Downtown Project location for medians and parkways, reflected in Bid Schedule D; (iv) added $38,880 for the Downtown Park landscape and grounds maintenance services to Bid Schedule A; and (v) as described below, retrofit turf within four (4) areas of the city to drought tolerant desert landscape in the amount of $383,050, for a total contract amount of $1,783,070.02, and an ongoing annual cost of $1,400,020.02: x East Palm Canyon – four (4) median islands between Farrell Drive and Cerritos Drive (approximately 40,655 square feet). x Sunrise Parkway – one (1) median island; Ramon Road from Sunrise Way to Cerritos Road – two (2) median islands (approximately 16,640 square feet). x East Palm Canyon between Canyon Sands Drive and Linden Way – one (1) median island (approximately 10,900 square feet). x Ramon Road between Farrell Drive and Premier Care Center – three (3) median islands (approximately 9,730 square feet). Item 1K - Page 2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 3 Amendment No. 6 City Parks Turf Retrofit The City has historically initiated turf overseeding with ryegrass in late September each year when the underlying Bermuda grass goes dormant for the winter; however, overseeding requires constant irrigation for germination of the rye seed – inconsistent with the Desert Water Agency (DWA) Level 2 Conservation Plan which prohibits spray irrigation during daylight hours, except for leak checks or a DWA approved Conservation Alternative Plan. Staff presented a Conservation Alternative Plan, to DWA’s Conservation and Public Affairs Committee on August 17, 2022, and was granted approval to overseed approximately 23.84 Acres, or 48% of turf within 8 City Parks, excluding Demuth Park which is irrigated with reclaimed water, therefore exempt of the regulation. The remaining 25.73 acres went dormant, of which 11.28 acres is being converted to desert landscape. In accordance with the Conservation Alternative Plan for overseeding of rye-seed provided to City Council on September 1, 2022 (Attachment D), the City entered into Amendment No. 5, to reduce the annual overseeding performed within City Parks by fifty percent (50%) for fall 2022; and the addition of the following services for a total contract decrease of $3,845, and a total contract amount of $1,779,225, and ongoing annual cost of $1,396,175: x Installation of decomposed granite at the Demuth Large Dog Park x Installation of 18 trees within Mountain Gate 2 x Installation of Irrigation along El Cielo Parkway x Cody Place Median Island plant replacement and repair x Gene Autry Median Island plant replacement and repair x Vista Chino Median Island plant replacement and repair x Ramon Road Median Island plant replacement and repair STAFF ANALYSIS: On October 24, 2022, staff presented the first draft of the conversion/planting plans for Baristo, Desert Highland, Frances Stevens, Ruth Hardy, and Victoria Park’s retrofit landscape conversions to the Parks & Recreation Commission. Following the Commission’s initial review, they established a Landscape Conversion Ad-Hoc Subcommittee to review revisions and make recommendations. Staff presented the final updated conversion/planting plans to the Parks & Recreation Commission on February 27, 2023, receiving a unanimous vote to bring this item forward to City Council for consideration. Item 1K - Page 3 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 4 Amendment No. 6 City Parks Turf Retrofit Baristo Park: Baristo Park, shown in figure 1, located at Calle El Segundo, is approximately 2 acres with .6 acres of turf. The turf retrofit will include the conversion of .19 acres of turf as detailed in the attached planting plans (Attachment A). Areas marked for turf conversion - Figure 1 – Baristo Park Item 1K - Page 4 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 5 Amendment No. 6 City Parks Turf Retrofit Desert Highland Park Desert Highland Park, shown in Figure 2, located on Tramview Road, is approximately 10 acres with 7.6 acres of turf. The turf retrofit will include the conversion of 3.25 acres of turf, inclusive of a walking path around the perimeter of the park as detailed in the attached planting plans. Areas marked for turf conversion - Figure 2 – Desert Highland Park Item 1K - Page 5 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 6 Amendment No. 6 City Parks Turf Retrofit Frances Stevens Park Frances Stevens Park, shown in Figure 3, located on Alejo Road between Palm Canyon Drive and Indian Canyon Drive, is approximately 4 acres with 1.41 acres of turf. The turf retrofit will include the conversion of .43 acres of turf, as detailed in the attached planting plans. Areas marked for turf conversion - Figure 3 – Frances Stevens Park Item 1K - Page 6 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 7 Amendment No. 6 City Parks Turf Retrofit Ruth Hardy Park: Ruth Hardy Park, shown in Figure 4, located on Tamarisk Road, is approximately 22 acres with 13.95 acres of turf. The turf retrofit will include the conversion of 5 acres of turf, including an intermittent walking path as detailed in the attached planting plans. Areas marked for turf conversion - Figure 4 – Ruth Hardy Park Item 1K - Page 7 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 8 Amendment No. 6 City Parks Turf Retrofit Victoria Park: Victoria Park, shown in Figure 5, located on Via Miraleste, is approximately 8 acres with 6.92 acres of turf. The turf retrofit will include the conversion of 2.41 acres of turf, inclusive of a walking path around the perimeter of the park as detailed in the attached planting plans. Areas marked for turf conversion - Figure 5 – Victoria Park Item 1K - Page 8 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 9 Amendment No. 6 City Parks Turf Retrofit Following approval from the Parks & Recreation Commission, staff entered into negotiations with Conserve initially receiving proposals for a total amount of $3,587,640 with an average cost of $8.69 a square foot and negotiated down for a total amount of $2,759,930 on an average cost of $5.67 a square foot, inclusive of the hardscape and walking paths detailed in the attached plans (Attachment A). City Park Turf Retrofit City Park Acres Square Feet Cost Cost/Sq Ft Baristo Park .19 8,470 $50,400 $5.95 Desert Highland Park 3.25 141,455 $778,000 $5.50 Frances Stevens Park .43 18,700 $111,265 $5.95 Ruth Hardy Park 5 217,729 $1,295,490 $5.95 Victoria Park 2.41 104,955 $524,775 $5.00 Total 11.28 491,309 $2,759,930 $5.67 In addition to the funds budgeted in Fiscal Year 2022-23 and 2023-24, staff has been working with Desert Water Agency and they have included in their Fiscal Year 2023-24 budget request a Municipal Agency allocation of $600,000 for turf retrofit conversions. The City has applied for these funds and when approved would receive as reimbursement once the project is complete. The Landscape Maintenance contract with Conserve is subject to annual adjustments effective July 1, subject to the percentage change in the United States Bureau of Labor Statistics Employment Cost Index – Total Compensation, Table 6, Census Region and Division, West (Pacific), December to December, and a corresponding blended percentage increase to the applicable state prevailing wage rates for “Landscape Maintenance Laborer”. The adjustment applicable for Fiscal Year 2023-24 of 6.79% is detailed below. Bid Schedule FY2022-23 FY2023-24 Bid Schedule A - City Parks $792,525.72 $846,338.28 Bid Schedule B - City Parks Turf Re-Seeding $216,688.30 $231,401.13 Bid Schedule C - Assessment Districts $118,465.68 $124,973.66 Bid Schedule D - Medians and Parkways 261,445.44 $279,194.28 Bid Schedule E - AD, Medians & Parkways Re-Seeding 10,894.88 $11,634.66 Total $1,400,020.02 $1,493,542.01 Item 1K - Page 9 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A City Council Staff Report April 27, 2023 -- Page 10 Amendment No. 6 City Parks Turf Retrofit Staff recommends approval of Amendment No. 6 with Conserve LandCare, LLC to retrofit 11.28 acres of turf within five (5) city parks, and extend their agreement through June 30, 2024, including a CPI Increase for a total amount not to exceed $4,253,472.01. ENVIRONMENTAL ASSESSMENT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, in accordance with Section 15301 (b), Staff has determined that City Park Turf Retrofit are considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk. ALIGNMENT WITH STRATEGIC PLANNING: Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities. FISCAL IMPACT: Sufficient funds are budgeted and available in Fiscal Years 2022-23 and 2023-24 in the Facilities and Maintenance account 5206570-50119. REVIEWED BY: Public Works Director: David McAbee Parks & Recreation Director: Yvonne Wise Procurement and Contracting Manager: Kim Baker Assistant City Manager: Teresa Gallavan City Manager: Scott Stiles ATTACHMENTS: A. Planting Plans B. Amendment No. 6 C. Public Integrity Disclosure Form D. September 1, 2022 Staff Report Item 1K - Page 10 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 5M 2,000,000 54309877 LOS-002648274-01 1,000,000 5,000,000 X 20281 5,000,000 Los Angeles, CA 90071 N X12/31/2022 12/31/2023 12/31/2023 54309837 B 4,000,000 2,000,000 Federal Insurance Company 1,000,000 X X X 12/29/2022 12/31/2022 RE: Re: City Parks Landscape and Ground Maintenance. The City of Palm Springs, its officials, employees and agents are included as Additional Insured as respects Liability arising out of work performed by the Named Insured. The insurance provided shall be primary and any other insurance maintained by the Additional Insured is excess and non-contributory. Waiver of Subrogation applies as required by contract. X Palm Springs, CA 92262 City of Palm Springs A CN142027538--GAXW-22-23 5,000 12/31/2023 2,000,000 56717287 4,000,000 35181 1,000,000 2 1,000,000 54309878 CA License #0437153 Marsh Risk & Insurance Services X 633 W. Fifth Street, Suite 1200 72265 Manufacturing Road Conserve Landcare, LLC Thousand Palms, CA 92276 12/31/2022 3200 E Tahquitz Canyon Way 12/31/2022 B 12/31/2023 Executive Risk Indemnity Inc DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A AMENDMENT NO. 6 TO CONTRACT SERVICES AGREEMENT NO. 7139 CITY PARKS, ASSESSMENT DISTRICTS, MEDIANS, AND PARKWAYS LANDSCAPE AND GROUND MAINTENANCE SERVICES This Amendment No. 6 to the Contract Services Agreement (A7139), (“Amendment No. 6”) is made and entered into this day of , 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Conserve LandCare, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City has determined that there is a need for Landscape and Grounds Maintenance Services at various City Parks (hereinafter “Landscape Maintenance”), and on May 16, 2018, the City Council approved a Contract Services Agreement (A7139) with Contractor to provide Landscape Maintenance services. B. On May 16, 2018, City Council approved an initial three-year term through June 30, 2021, with two optional one-year renewal terms, in a Contract amount not to exceed $1,999,662. C. Effective July 1, 2019, the Parties implemented the Fiscal Year 2019-2020 Blended Rate Adjustment for a Contract amount not to exceed $2,139,060.36 D. On July 6, 2020, City and Contractor entered Amendment No. 1, reducing the frequency of Landscape Maintenance of City Parks and Annual Turf Reseeding by fifty percent (50%), due to budget constraints anticipated by COVID-19, for an annual reduction of $392,974.68, and a Contract amount not to exceed amount of $1,744,351.68. E. At the time the City approved Contract Services Agreement (A7139) with Contractor to provide landscape maintenance, the scope of work did not include landscape maintenance of Assessment Districts, Medians, and Parkways as the City had entered into a separate Agreement (A7141) with Urban Habitat, Inc. for these services. F. Effective January 1, 2021, the City terminated Agreement A7141 with Urban Habitat, Inc. for landscape maintenance of Assessment Districts, Medians, and Parkways. G. Amendment No.2, effective January 1, 2021, expanded the scope of services for Contract Services Agreement (7139) with Contractor to provide Landscape Maintenance of Assessment District, Medians, Parkways, and Annual Turf Reseeding in the amount of $309,272, for a one-time cost increase of $215,005.28; and a one-time cost of $68,565.58, for Annual Turf Reseeding of City Parks through June 30, 2021; and $372,837.28, for City Parks and Annual Turf Reseeding of City Parks Landscape Maintenance Services, for a Contract amount not to exceed $2,426,460.96. H. Effective July 1, 2021, the Parties implemented the Fiscal Year 2021-2022 Blended Rate Adjustment for a Contract amount not to exceed $3,595,127.38. DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A 9th May I. Amendment No. 3, approved on September 9, 2021, increased Agreement (7139), in the amount of $504,263.86, for a total Contract amount not to exceed $4,099.931.24. J. Amendment No. 4, approved on June 16, 2022, (i) exercised the second one-year optional renewal term; (ii) added $50,000 for increased frequency of landscape maintenance services provided from July 1, 2021, through December 31, 2021, and (iii) reduction of $27,076.90 for services not performed at the Downtown Project location for medians and parkways, reflected in Bid Schedule D; (iv) added $38,880 for the Downtown Park landscape and grounds maintenance services to Bid Schedule A; and (v) retrofit turf within four (4) areas of the city to drought tolerant desert landscape in the amount of $383,050; for a total Contract amount not to exceed $4,141,389.96. • East Palm Canyon, four (4) median islands, between Farrell Drive and Cerritos Drive (approximately 40,655 square feet). • Sunrise Parkway, one (1) median island, and Ramon Road from Sunrise Way to Cerritos Road, two (2) median islands (approximately 16,640 square feet). • East Palm Canyon between Canyon Sands Drive and Linden Way, one (1) median island (approximately 10,900 square feet). • Ramon Road between Farrell Drive and Premier Care Center, three (3) median islands (approximately 9,730 square feet). K. Effective July 1, 2022, the Parties exercised the first renewal term and implemented the Fiscal Year 2022-2023 Blended Rate Adjustment for a total Contract amount not to exceed $5,541,409.98. L. Amendment No. 5, approved on February 16, 2023, reduced the annual overseeding performed within City Parks, in the amount of $108,344.15, reflective of a 50% reduction in services performed due to drought restriction; and the addition of the various median replacement planting, installation of decomposed granite at Demuth large dog park, and installation of irrigation lines along El Cielo for a cumulative increase of $104,498.30 and a total annual contract decrease of $3,845.85, for a total Contract amount not to exceed $5,537,564.13. M. Parties now desire to (i) extend the Term of A7139 one-year, through June 30, 2024, inclusive of annual turf re-seeding; (ii) retrofit turf conversion within five (5) City Parks; and (iii) in accordance with Article 3 amend Bid Schedules A, B, C, D, and E by the annual blended rate adjustment for July 1, 2023, through June 30, 2024, for a not to exceed amount of $9,791,036.14. N. In consideration of these promises and mutual agreements, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Fifth Amendment. SECTION 2. Article 2 “Commencement and Completion” as defined therein is replaced in its entirety as follows: “The Work to be performed under this Contract consists of contract services to be performed with an initial term of three years, commencing on July 1, 2018, and terminating on DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A June 30, 2024. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed in accordance with the schedule of performance and frequency of services specified in the Contract Documents. They also recognize the delays, expense, and difficulties involved in proving in the legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for failure to complete or perform that frequency of services specified in the Contract Documents. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed.” SECTION 3. Article 3 “Contract Price” as defined therein is revised to read: “Nine Million Seven Hundred Ninety-One Thirty-Six Dollars and Fourteen Cents ($9,791,036.14). SECTION 4. Exhibit “A” Contractor’s Bid Schedules are hereby revised by incorporating services as identified in Exhibit “A” revised Bid Schedule A, B, C, D, E, and Contractor’s proposals for retrofit turf conversion services. SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 7139, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 6 and any provisions of the Contract Services Agreement 7139, the provisions of this Amendment No. 6 shall in all respects govern and control. SECTION 6. The persons executing this Amendment No. 6 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 6, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other agreement to which said Party is bound. Except as specifically amendment by this Amendment No. 6, all terms and provisions of Agreement No. 7139 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A SIGNATURE PAGE TO AMENDMENT NO. 6 (A7139) BY AND BETWEEN THE CITY OF PALM SPRINGS AND CONSERVE LANDCARE, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONT Date: May 8, 2023 CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: By:�- (2nd signature required for Corporati ons) Date: May 8, 2023 Date:_April 27, 2023__ Item No. 1.K.__ APPROVED AS TO FORM: ATTEST: By:___________ By: ___________ _ City Attorney City Clerk APPROVED: By:_____________ Date: _________ _ City Manager - over $50,000 Deputy/Assistant City Manager -up to $50,000 Director -up to $25,000 Manager -up to $5,000 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A 5/9/2023 EXHIBIT A SCOPE OF SERVICES CONTRACTOR’S REVISED BID SCHEDULES AND PROPOSALS FOR ADDITIONAL SERVICES DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A PARK LUMP SUM MONTHLY ANNUAL FY23-24 Baristo Park 703.02$ 8,436.24$ Demuth Park 26,574.19$ 318,890.28$ Desert Highland Park 4,921.15$ 59,053.80$ Dog Park 1,124.83$ 13,497.96$ Downtown Park 3,460.00$ 41,520.00$ Frances Stevens Park 1,546.65$ 18,559.80$ Gene Autry Trail Gateway Park 843.62$ 10,123.44$ Ruth Hardy Park 8,717.46$ 104,609.52$ Sunrise Park 16,450.69$ 197,408.28$ Victoria Park 3,444.80$ 41,337.60$ Wellness Park 2,249.67$ 26,996.04$ Trail Heads (5)492.11$ 5,905.32$ Total Cost Bid Schedule A 70,528.18$ 846,338.28$ BID SCHEDULE A - LANDSCAPE & GROUNDS MAINTENANCE SERVICES DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A PARK LUMP SUM MONTHLY ANNUAL FY23-24 Baristo Park 2,576.85$ 1,546.11$ Demuth Park 2,576.85$ 105,650.85$ Desert Highland Park 2,576.85$ 19,584.06$ Dog Park 2,576.85$ 4,896.02$ Frances Stevens Park 2,576.85$ 4,122.96$ Ruth Hardy Park 2,576.85$ 37,622.01$ Sunrise Park 2,576.85$ 37,106.64$ Victoria Park 2,576.85$ 17,522.58$ Wellness Park 2,576.85$ 3,349.91$ Total Cost Bid Schedule B 231,401.13$ BID SCHEDULE B - ANNUAL TURF (WINTER RYE GRASS) RE-SEEDING DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A ASSESSMENT DISTRICT NAME LUMP SUM MONTHLY ANNUAL FY23-24 Assessment District No. 6A Fairport Development 274.87$ 3,298.44$ Assessment District No. 6C Park Sonora Tract 720.75$ 8,649.00$ Assessment District No. 7 Sunrise Norte 366.48$ 4,397.76$ Assessment District No. 8 Vintage Palms 549.72$ 6,596.64$ Assessment District No. 9 Flora Vista 732.96$ 8,795.52$ Assessment District No. 10 – Zone 1 Mountain Gate 1 3,909.13$ 46,909.56$ Assessment District No. 10 – Zone 2 Mountain Gate 2 3,848.06$ 46,176.72$ Assessment District No. 12 Smoke Tree Commons 140.48$ 150.02$ TOTAL BID SCHEDULE C 10,542.46$ 124,973.66$ BID SCHEDULE C - ASSESSMENT DISTRICTS DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A LOCATION NAME LUMP SUM MONTHLY ANNUAL FY23-24 LOCATION #1 BIRDIE WAY PARKWAY 280.96 3,371.52 LOCATION #2 Canyon Sands Drive / E. Palm Canyon Drive Parkway 146.59 1,759.08 LOCATION #3 Cathedral Canyon Country Club / Jenkins Trail Bike Path 2,003.43 24,041.16 LOCATION #4 Cherry Hills Drive Parkway & Gene Autry Trail Bridge Parkway 293.19 3,518.28 LOCATION #5 Chino Drive Medians 293.19 3,518.28 LOCATION #6 Sunrise Way Parkway (Desert Dorado)561.93 6,743.16 LOCATION #7 Vista Chino Medians 195.45 2,345.40 LOCATION #8 Gene Autry Trail Medians & Parkways 2,663.10 31,957.20 LOCATION #9 Ramon Road Medians 317.61 3,811.32 LOCATION #10 Golf Club Drive Medians 293.19 3,518.28 LOCATION #11 Downtown Development Project 1,954.57 23,454.84 LOCATION #12 Old Las Palmas Neighborhood Median Islands (7)757.40 9,088.80 LOCATION #13 N. Indian Canyon Drive Median Islands & Entry Signs 439.77 5,277.24 LOCATION #14 S. Indian Trail Median Islands 268.76 3,225.12 LOCATION #15 La Verne Way 183.24 2,198.88 LOCATION #16 Dinah Shore Drive Medians (3) (Gene Autry Trail to Bridge) & Entry Sign 2,027.56 24,330.72 LOCATION #17 S. Palm Canyon Drive Medians (2) at Sunny Dunes Road 195.45 2,345.40 LOCATION #18 Ramon Road at Sunrise Way Median Islands 635.24 7,622.88 LOCATION #19 Ramon Road at Compadre Road Parkway Islands 219.89 2,638.68 LOCATION #20 El Cielo Road Parkway (Rancho Parkway 2)488.64 5,863.68 LOCATION #21 N. Riverside Dr. and S. Riverside Dr. Parkways 1,465.93 17,591.16 LOCATION #22 E. Palm Canyon Drive Parkway Island 427.57 5,130.84 LOCATION #23 Sunrise Way @ Tahquitz Canyon Way Median 427.57 5,130.84 LOCATION #24 Sunrise Way @ San Rafael Drive Medians 561.93 6,743.16 LOCATION #25 Sunrise Way @ Racquet Club Drive Median 171.04 2,052.48 LOCATION #26 Tahquitz Canyon Way @ Medians 1,771.33 21,255.96 LOCATION #27 Warm Sands Drive / Warm Sands Place Medians 195.45 2,345.40 LOCATION #28 Old Las Palmas Neighborhood Median Islands (7)635.24 7,622.88 LOCATION #29 Sunny Dunes to Mesquite (Cody Place Medians)415.35 4,984.20 LOCATION #30 Mountain View 1,464.93 17,579.16 LOCATION #31 Coyote Run 1,510.69 18,128.28 TOTAL BID SCHEDULE D 23,266.47 279,194.28 BID SCHEDULE D - MEDIANS AND PARKWAYS DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A ASSESSMENT DISTRICT NAME AREA UNIT PRICE FY23-24 ANNUAL FY23-24 Assessment District No. 6C Park Sonora Tract (0.24 acres)0.24 2,475.46 594.11 Assessment District No. 7 Sunrise Norte (1.02 acres)1.02 2,475.46 2,524.97 Assessment District No. 9 Flora Vista (0.15 acres)0.15 2,475.46 371.32 Assessment District No. 10 – Zone 1 Mountain Gate 1 (0.73 acres)0.73 2,475.46 1,807.09 Parkways & Medians (2.56 acres)2.56 2,475.46 6,337.18 TOTAL BID SCHEDULE E 11,634.66 BID SCHEDULE E - ANNUAL TURF RESEEDING DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A Proposal #155984 Date: 3/2/2023 Customer:Service Address: Heather MacPherson City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 City of Palm Springs - IFB 18-05 Parks 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Baristo Park Turf Conversion Baristo Park Turf Conversion Perform the below-described turf conversion in select areas of Baristo Park: Demo and Grading ·Spray and Kill 8,470 Square feet of turf (initial spray) ·Removal and Disposal of 8,470 Square feet of turf ·Protect in place existing plants/shrubs ·Protect in place existing trees ·Rough Grade of the new desert landscape areas ·Demo and remove existing concrete mow curb Irrigation ·Retrofit existing turf valves in the work area to shrub valves ·Shrub valves are to be retrofitted with a pressure regulator and filter ·All trees within the work limit to have drip rings installed ·New planting to have drip irrigation ·(3) existing trees to have drip tubing rings installed around them ·All new trees to receive (2) ea. 0.5 gpm bubblers per tree Planting ·Provide and install (3) 24" box Parkinsonia praecox ·Provide and install (5) 15 Gallon Dasylirion wheeleri ·Provide and install (9) 5 Gallon Bougainvillea 'Ooh-la-la' ·Provide and install (24) 5 Gallon Carissa macrocarpa ·Provide and install (16) 5 Gallon Justicia Spicigera ·Provide and install (17) 5 Gallon Lantana camera 'yellow' ·Provide and install (30) 5 Gallon Muhlenbergia rigens ·Provide and install (6) 5 Gallon Leucophyllum frutescens Finishes ·Provide and install Desert gold stabilized DG to cover 7,495 sq. ft. Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 1/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A ·Provide and install 2-4" Copper canyon cobble to cover 975 sq. ft. ·Provide and install (10) Desert select boulders between 24-36" ·Provide and install new metal edging between the gravel and grass areas Notes ·30-day warranty on material from the day of installation. Includes all prevailing wage labor, equipment, dump fees, traffic control, and materials needed to perform the above-described work. Services Billed - Fixed Price on Completion Description of Services Total Cost Enhancement/Project $50,400.00 Subtotal $50,400.00 Tax $0.00 Total $50,400.00 By By Brent Sprague March 2, 2023Date Date Conserve LandCare, LLC City of Palm Springs Proposal 155984 Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 2/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A Proposal #157691 Date: 3/9/2023 Customer:Service Address: Heather MacPherson City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 City of Palm Springs - IFB 18-05 Parks 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Desert Highland Park - Turf Conversion Desert Highland Park Turf Conversion Perform the following turf conversion at Desert Highland Park: Demo and Grading: ·Spray and kill 141,455 SF turf (initial spray) ·Removal and disposal of 141,455 SF of turf ·Protect in place existing trees ·Rough grade of the new planter bed ·Relocate existing turf irrigation to the new turf zone edge Irrigation: ·Provide and install (2) new smart irrigation controllers with a rain sensor ·Provide and install (1) new master valve and flow sensor per City of PS requirements ·Retrofit existing turf valves in the work area to shrub valves ·Shrub valves are to be retrofitted with a pressure regulator and filter ·Existing trees within the turf conversion zone to have drip rings installed ·New planting to have drip irrigation Planting: ·Provide and install (11) ea. 24" box Acacia aneura trees ·Provide and install (3) ea. 24" box Albizia julibrissin 'silk tree' trees ·Provide and install (12) ea. 5g Cascabela thevetia 'Single trunk' trees ·Provide and install (7) ea. 5g Cereus peruvianus cactus ·Provide and install (65) ea. 5g Nerium oleander 'red' ·Provide and install (15) ea. 5g Hesperaloe funifera ·Provide and install (73) ea. 5g Cassia artemisioides 'Feathery cassia' ·Provide and install (42) ea. 5g Calliandra californica ·Provide and install (21) ea. 5g Dasylirion wheeleri ·Provide and install (36) ea. 5g Hamelia patens ·Provide and install (103) ea. 5g Russelia equisetiformis ·Provide and install (42) ea. 5g Salvia clevelandii ·Provide and install (56) ea. 5g Senna nemophila 'Green cassia' ·Provide and install (102) ea. 5g Vitex trifolia 'purpurea' Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 1/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A ·Provide and install (19) ea. 5g Aloe barbadensis ·Provide and install (18) ea. 5g Olea europaea 'Little ollie' ·Provide and install (160) ea. 1g Hesperaloe parviflora ·Provide and install (113) ea. 1g Rosmarinus officinalis 'prostratus' Finishes: ·Provide and install Desert Gold 3/4" Crushed Rock to cover 117,265 sq. ft. ·Provide and install Desert Gold Stabilized DG to cover 15,970 sq. ft. ·Provide and install Southwest Brown 5" minus rubble to cover 8,220 sq. ft. ·Relocate (34) ea. existing boulders onsite ·Provide and install (122) ea. 2' x 2' standard stepping stones ·Provide and install new metal edging to separate the new desert landscaping from the grass to remain Notes: ·30-day warranty on material from the day of installation. Includes all prevailing wage labor, equipment, dump fees, traffic control, and materials needed to perform the above-described work. Services Billed - Fixed Price on Completion Description of Services Total Cost Enhancement/Project $778,000.00 Subtotal $778,000.00 Tax $0.00 Total $778,000.00 By By Brent Sprague March 9, 2023Date Date Conserve LandCare, LLC City of Palm Springs Proposal 157691 Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 2/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A Proposal #150807 Date: 3/2/2023 Customer:Service Address: Heather MacPherson City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 City of Palm Springs - IFB 18-05 Parks 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Francis Stevens Park Turf Conversion Francis Stevens Turf Conversion Perform the below-described turf conversion in select areas of Francis Stevens Park: Demo and Grading ·Spray and Kill 18,700 Square feet of turf (initial spray) ·Removal and Disposal of 18,700 Square feet of turf ·Protect in place existing plants/shrubs ·Protect in place existing trees ·Rough Grade of the new desert landscape areas ·Demo and remove existing concrete mow curb Irrigation ·Retrofit existing turf valves in the work area to shrub valves ·Shrub valves are to be retrofitted with a pressure regulator and filter ·All trees within the work limit to have drip rings installed ·New planting to have drip irrigation ·(8) existing trees to have drip tubing rings installed around them ·All new trees to receive (2) ea. 0.5 gpm bubblers per tree Planting ·Provide and install (6) 24" box Acacia salicina ·Provide and install (5) 24" Box Chamaerops humilis 'Mediterranean palm' ·Provide and install (7) 5 Gallon Agave parryi ·Provide and install (28) 5 Gallon Duranta erecta ·Provide and install (35) 5 Gallon Carissa macrocarpa ·Provide and install (16) 5 Gallon Cassia artemisioides ·Provide and install (28) 5 Gallon Hesperaloe funifera ·Provide and install (17) 5 Gallon Euphorbia milii 'yellow' ·Provide and install (22) 5 Gallon Jasminum Sambac (bush) ·Provide and install (9) 5 Gallon Justicia Spicigera ·Provide and install (25) 5 Gallon Ruellia brittoniana (Standard) ·Provide and install (36) 5 Gallon Rusellia equestiformis Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 1/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A ·Provide and install (50) 5 Gallon Leucophyllum candidum 'Green Cloud' Finishes ·Provide and install 3/4" SW Brown gravel to cover 8,000 sq. ft. ·Provide and install 3/4" Mojave gold crushed gravel to cover 10,700 sq. ft. ·Provide and install Antique Brown boulders between 24-36" ·Provide and install new metal edging between the gravel and grass areas Notes ·30-day warranty on material from the day of installation. Includes all prevailing wage labor, equipment, dump fees, traffic control, and materials needed to perform the above-described work. Services Billed - Fixed Price on Completion Description of Services Total Cost Enhancement/Project $111,265.00 Subtotal $111,265.00 Tax $0.00 Total $111,265.00 By By Brent Sprague March 2, 2023Date Date Conserve LandCare, LLC City of Palm Springs Proposal 150807 Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 2/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A Proposal #157819 Date: 3/9/2023 Customer:Service Address: Heather MacPherson City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 City of Palm Springs - IFB 18-05 Parks 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Victoria Park - Turf Conversion Victoria Park Turf Conversion Perform the following turf conversion at Victoria Park: Demo and Grading: ·Spray and kill 104,955 SF turf ·Removal and disposal of 104,955 SF of turf ·Protect in place existing trees ·Rough grade of the new planter bed ·Relocate existing turf irrigation to the new turf zone edge Irrigation: ·Provide and install (1) new smart irrigation controllers with a rain sensor ·Provide and install (1) new master valve and flow sensor per City of PS requirements ·Retrofit existing turf valves in the work area to shrub valves ·Shrub valves are to be retrofitted with a pressure regulator and filter ·Existing trees within the turf conversion zone to have drip rings installed ·New planting to have drip irrigation Planting: ·Provide and install (11) ea. 24" box Lysiloma watsonii 'Standard' ·Provide and install (9) ea. 15g Albizia julibrissin 'Silk tree' ·Provide and install (7) ea. 15g Phoenix roebelenii 'Multi' ·Provide and install (7) ea. 15g Sophora secundiflora 'Mountain laurel' ·Provide and install (45) ea. 5g Hesperaloe funifera ·Provide and install (14) ea. 5g Callistemon little john ·Provide and install (31) ea. 5g Agave weberi ·Provide and install (29) ea. 5g Euphorbia milii 'Crown of thorns yellow' ·Provide and install (7) ea. 5g Aloe vera ·Provide and install (49) ea. 5g Ruellia brittoniana ·Provide and install (45) ea. 5g Muhlenbergia capillaries 'Regal mist' ·Provide and install (7) ea. 5g Hesperaloe parviflora 'yellow' ·Provide and install (35) ea. 5g Cordia parviflora ·Provide and install (90) ea. 5g Russelia equisetiformis Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 1/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A ·Provide and install (50) ea. 5g Leucophyllum frutscens 'Silver cloud' ·Provide and install (44) ea. 5g Vitex trifolia 'purpurea' ·Provide and install (13) ea. 5g Caesalpinia pulcherrima ·Provide and install (89) ea. 1g Carissa macrocarpa 'Green carpet' ·Provide and install (87) ea. 1g Lantana 'Yellow' Finishes: ·Provide and install Desert Gold DG to cover 99,635 sq. ft. ·Provide and install 4-8" Antique Brown cobble to cover 5,320 sq. ft. ·Provide and install Arizona buckskin flagstone pavers ·Provide and install new metal edging to separate the new desert landscaping from the grass to remain Notes: ·30-day warranty on material from the day of installation. Includes all prevailing wage labor, equipment, dump fees, traffic control, and materials needed to perform the above-described work. Services Billed - Fixed Price on Completion Description of Services Total Cost Enhancement/Project $524,775.00 Subtotal $524,775.00 Tax $0.00 Total $524,775.00 By By Brent Sprague March 9, 2023Date Date Conserve LandCare, LLC City of Palm Springs Proposal 157819 Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 2/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A Proposal #157816 Date: 3/2/2023 Customer:Service Address: Heather MacPherson City of Palm Springs 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 City of Palm Springs - IFB 18-05 Parks 3200 E. Tahquitz Canyon Wy. Palm Springs, CA 92262 Ruth Hardy - Turf Conversion Ruth Hardy Park Turf Conversion Perform the following turf conversion at Ruth Hardy Park: Demo and Grading: ·Spray and kill 217,729 SF turf (initial spray) ·Removal and disposal of 217,729 SF of turf ·Protect in place existing trees ·Rough grade of the new planter bed ·Relocate existing turf irrigation to the new turf zone edge Irrigation: ·Provide and install (1) new smart irrigation controllers with a rain sensor ·Provide and install new master valve and flow sensor per City of PS requirements ·Retrofit existing turf valves in the work area to shrub valves ·Shrub valves to be retrofitted with pressure regulator and filter ·Existing trees within turf conversion zone to have drip rings installed ·New planting to have drip irrigation Planting: ·Provide and install (52) ea. 15g Agave americana ·Provide and install (107) ea. 15g Dasylirion wheeleri ·Provide and install (17) ea. 15g Fouquieria splendens (multi cane) ·Provide and install (34) ea. 5g Callistemon little john ·Provide and install (37) ea. 5g Nerium oleander 'petite pink' ·Provide and install (22) ea. 5g Euphorbia milii 'Crown of thorns red' ·Provide and install (120) ea. 5g Cassia artemisioides 'Feathery cassia' ·Provide and install (19) ea. 5g Calliandra californica ·Provide and install (52) ea. 5g Evolvulus glomeratus ·Provide and install (105) ea. 5g Hamelia patens ·Provide and install (202) ea. 5g Hesperaloe parviflora 'red' ·Provide and install (106) ea. 5g Rosmarinus officinalis 'prostratus' ·Provide and install (73) ea. 5g Russelia equisetiformis ·Provide and install (50) ea. 5g Leucophyllum frutscens 'Green cloud' Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 1/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A ·Provide and install (73) ea. 5g Vitex trifolia 'purpurea' ·Provide and install (146) ea. 5g Olea europaea 'Little ollie' ·Provide and install (9) ea. 5g Caesalpinia pulcherrima Finishes: ·Provide and install Desert Gold DG to cover 201,623 sq. ft. ·Provide and install 6" minus Copper canyon cobble to cover 16,106 sq. ft. ·Provide and install (118) ea. 2' x 2' standard stepping stones ·Provide and install new metal edging to separate the new desert landscaping from the grass to remain Notes: ·30-day warranty on material from the day of installation. Includes all prevailing wage labor, equipment, dump fees, traffic control, and materials needed to perform the above-described work. Services Billed - Fixed Price on Completion Description of Services Total Cost Enhancement/Project $1,295,490.00 Subtotal $1,295,490.00 Tax $0.00 Total $1,295,490.00 By By Brent Sprague March 2, 2023Date Date Conserve LandCare, LLC City of Palm Springs Proposal 157816 Conserve LandCare, LLC 72265 Manufacturing Rd • Thousand Palms, CA 92276 Page 2/2 DocuSign Envelope ID: 241427FF-5C5A-40D5-AB88-EE6C201E4F9A