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Home My WebLink AboutA8847 Amendment 3Docusign Envelope ID: 2036518E-685B-471A-A588-98DF719FC6B9 CONTRACT ABSTRACT Contract/Amendment Name Of Contract: Roadside and Transient Maintenance Company Name: So Cal Land Maintenance, Inc. Company Contact: Steve Guise Email: sguise@socallm.com Summary Of Services: Roadside Maintenance and Transient Camp Clean-up Contract Price: $988,576.96 (including this A#3 for $228,934.24) Contract Term: July 1, 2021 - June 30, 2025 (with 1 more optional extension) Public Integrity/ Business on file Disclosure Forms: Authorized Signers: Name, Email Steve Guise; sguise@socallm.com (Corporations require 2 signatures) Darin Doucette; Ddoucette@socallm.com Contract Administration Lead Department: Facilities Maintenance Contract Administrator/ Ext: David McAbee/Dania) Martinez Contract Approvals Council/City Manager Approval Date: April 8, 2021, Item 1.P. Agreement Number: A8847 Amendment Number: 3 Contract Compliance Exhibits: - Routed By: Procurement Insurance: _ Bonds: _ Business License: Yes Sole Source Co -Op Sole Source No CoOp Agmt #: Documents: CoOp Name: CoOp Pricing: Submitted on: 07/30/2024 By: Tabitha Richards Contract Abstract Form Rev 8.16.23 Docusign Envelope ID: 2036518E-685B-471A-A588-98DF719FC6B9 AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 8847 ROADSIDE AND TRANSIENT MAINTENANCE This Amendment No. 3 to the Contract Services Agreement (A8847), ("Amendment No. 3"), is made and entered into this 1st day of July 2024, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and So Cal Land Maintenance, 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 requires the services of roadside maintenance clean-up and removal of transient camps throughout the City, retrieval of abandoned shopping carts, removal of items and debris dumped within the City limits ("Project") B. City issued an invitation for Bid ("IFB") No. 21-04, seeking sealed bids to provide roadside maintenance clean-up and removal of transient camps services, and setting for the terms, conditions, and covenants governing the provision of such services. C. On April 8, 2021, City Council approved a Contract Services Agreement (A8847) with Contractor to provide roadside maintenance and transient camp removal services, for an initial contract amount not to exceed $668,061. D. On August 18, 2022, the Parties entered into Amendment No. 1 to modify the Work Hours defined in Exhibit "A" Scope of Services, setting the regular work hours to commence at 7:00 AM through 2:30 PM Sunday through Saturday; and modify the City's Holiday Schedule to include Juneteenth. E. On April 23, 2024, Parties entered into Amendment No. 2 to add $72,840, for additional services provided from October 2023, through February 2024, for a revised contract amount not to exceed $740,901. F. Parties desire to exercise the first of two optional one-year renewal terms through June 30, 2025, and implement a 2.8% CPI increase as authorized by Exhibit "D" Schedule of Compensation and update the Bureau of Labor Statistic' Consumer Price Index (CPI) to the Ontario, Riverside, San Bernardino region, for an increase of $228,934.24, and a revised contract amount not to exceed $988,576.96. 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 Amendment No. 3. Docusign Envelope ID: 2036518E-685B-471A-A588-98DF719FC6B9 SECTION 2. 2.1 Maximum Contract Amount. Is hereby replaced in its entirety as follows: "2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Nine Hundred Eighty -Eight Thousand Five Hundred Seventy -Six Dollars and Ninety -Six Cents ($988,576.96) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be set forth in Exhibit "D". Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of the City's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount." SECTION 3. Exhibit "D" Schedule of Compensation is hereby replaced in its entirety by Attachment "A" Schedule of Compensation. "B. WORK HOURS: Regular work hours consist of 7:00 A.M. to 2:30 P.M. Sunday through Saturday, unless otherwise modified by Contract Administrator or their designee. Any hours work other than the regularly scheduled hours are considered "emergency call -out" hours and will be scheduled only at the direction of the Contract Administrator. SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 8847, 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 8847, 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 (1) 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. Docusign Envelope ID: 2036518E-685B-471A-A588-98DF719FC6B9 Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 8847 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 2036518E-685B-471A-A588-98DF719FC6B9 SIGNATURE PAGE TO AMENDMENT NO. 3 (A8847) BY AND BETWEEN THE CITY OF PALM SPRINGS AND SO CAL LAND MAINTENANCE, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONTRACTOR: DocuSigned by: Signed by: By. F�fwt Quist, By: Fvmv, Veu�cc ift, Signature Signature (2nd signature required for Corporations) Date: 8/15/2024 CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: DocuSigned by: By: baww City Attorney APPROVED: Date: 8/15/2024 ATTEST: By: rDocuSigned by: pvtt' I jyUlt fgrk DocuSigned by: By. Scoff Sfib,s City Manager"! over $50,000 Deputy/Assistant City Manager — up to $50,000 Director — up to $25,000 Manager — up to $5,000 Date: 8/15/2024 Docusign Envelope ID: 2036518E-685B-471A-A588-98DF719FC6B9 ATTACHMENT "A" SCHEDULE OF COMPENSATION Docusign Envelope ID: 2036518E-685B-471A-A588-98DF719FC6B9 SCHEDULE "A": Rate for Roadside maintenance and transient camp clean-up work based on 8 hours per day, seven days a week per employee and includes all associated costs for the crew. `Crew' for purposes of this bid is defined as Offerors estimate number of employees required to perform the tasks as detailed in the scope of work for roadside maintenance and transient camp clean-up within the city boundaries. Schedule "A" Title: DAY Unit Cost Annual Hours Annual Cost Crew: 2 48.32 per/hr. X 2824 hrs. _ $ 136,455.68 Vehicle & Supplies: 252.89 1 per/day X 354 Days = $ 89,523.06 SUBTOTAL $ 225,978.74 SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually. OVERTIME HOURS: Schedule "B" Title: OT Unit Cost Annual Hours Annual Cost Crew: 2 41.12 per/hr. X 70 hrs. _ $ 2,878.40 Vehicle & Supplies: 77.1 per/day X 1 day = $ 77.10 SUBTOTAL $ 2,955.50 Grant Total of Bid Schedules "A and B" (Annual Amount -Year 4) $ 228,934.24 Initial Three-year term $ 686,802.72 Amendment No. 1 $ - Amendment No. 2 $ 72,840.00 Amendment No. 3 $ 228,934.24 Revised Contract Amount $ 988,576.96 PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) for the Ontario/Riverside/San Bernardino region for the prior 12-month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.