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HomeMy WebLinkAboutA8447 - Amend 4CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Roadside and Transient Maintenance So Cal Land Maintenance, Inc. Steve Guise sguise@socallm.com Roadside and Transient Camp maintenance and Clean-up. $1,233,463.49 (Including A#4 $234,886.53) July 1, 2021 - June 30, 2026 (final year extention) on File Steve Guise; sguise@socallm.com Darin Doucette; ddoucette@socallm.com Public Works David McAbee/Daniel Martinez April 8th, 2021, Item 1.P. A8847 4 - Yes Yes Department - No 05/14/2025 Michele Alley Docusign Envelope ID: 03A97DA1-5A97-407E-87D2-611668501D0C 55575.18100\42913029.1 Page 1 of 5 (BB&K 2024) AMENDMENT NO. 04 TO THE ROADSIDE AND TRANSIENT MAINTENANCE A8847 BETWEEN THE CITY PALM SPRINGS AND SO CAL LAND MAINTENANCE, INC. 1. Parties and Date. This Amendment No. 04 to the Roadside and transient maintenance is made and entered into as of this 14th day of May, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and So Cal Land Maintenance, Inc., a California corporation. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. City and Contractor entered into an agreement titled “Roadside and Transient Maintenance” dated July 1, 2021 (A8847) for the purpose of retaining the services of Contractor to provide 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 in an amount not to exceed $668,061.00 and a term of three (3) years. 2.2 Amendment No. 1: City and Contractor entered into Amendment No. 01 to the Agreement, dated August 18,2022, for the purpose 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 modifies the City’s Holiday Schedule to include Juneteenth. 2.3 Amendment No. 2: City and Contractor entered into Amendment No. 02 to the Agreement, dated April 23,2024, for the purpose of adding $72,840.00 for additional services provided from October 2023, through February 2024, for a revised contract amount not to exceed $740.901.00. 2.4 Amendment No. 3: City and Contractor entered into Amendment No. 03 to the Agreement, dated July 1, 2024, for the purpose 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 revised contract amount not to exceed $988,576.96. 2.5 Amendment Purpose. City and Contractor now desire to amend the Agreement to exercise second of optional two one-year renewal terms through June 20, 2026, and implement a 2.6% CPI increase as authorized by Exabit “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 $234,886.53 and a revised contract amount not exceed $1,233,463.49. 2.6 Amendment Authority. This Amendment No. 04 is authorized pursuant to Section 2.3 of the Agreement. 3. Terms. 3.1 Amendment. Section 2.1 Maximum Contract Amount of the Agreement is hereby amended in its entirety to read as follows: Docusign Envelope ID: 03A97DA1-5A97-407E-87D2-611668501D0C 55575.18100\42913029.1 Page 2 of 5 (BB&K 2024) “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 the Agreement by reference. Compensation shall not exceed the maximum contract amount of One Million Two Hundred Thirty-Three Thousand Four Hundred Sixty-Three Dollars and Forty-Nine Cents ($1,233,463.49) (“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 service identified in the Scope of Services may be more costly and/or time-consuming than the 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 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.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 04, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 04. From and after the date of this Amendment No. 04, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 04. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 04. 3.4 Severability. If any portion of this Amendment No. 04 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 04 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 03A97DA1-5A97-407E-87D2-611668501D0C 55575.18100\42913029.1 Page 3 of 5 (BB&K 2024) SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE ROADSIDE AND TRANCIENT MAINTENANCE AGREEMENT (A8847) BETWEEN THE CITY PALM SPRINGS AND SO CAL LAND MAINTENANCE, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR By: ____________________________ By: ______________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – up to $150,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 03A97DA1-5A97-407E-87D2-611668501D0C 5/14/2025 5/14/2025 5/15/2025 55575.18100\42913029.1 Page 4 of 5 (BB&K 2024) Docusign Envelope ID: 03A97DA1-5A97-407E-87D2-611668501D0C 55575.18100\42913029.1 Page 5 of 5 (BB&K 2024) 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 49.58 per/hr. X 2824 hrs. = $ 140,003.53 Vehicle & Supplies: 259.47 per/day X 354 Days = $ 91,850.66 SUBTOTAL $ 231,854.19 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 42.19 per/hr. X 70 hrs. = $ 2,953.24 Vehicle & Supplies: 79.1 per/day X 1 day = $ 79.10 SUBTOTAL $ 3,032.34 Grant Total of Bid Schedules "A and B" (Annual Amount-Year 4) $ 234,886.53 Initial Three-year term $ 686,802.72 Amendment No. 1 $ - Amendment No. 2 $ 72,840.00 Amendment No. 3 Amendment No. 4 $ 234,886.53 Revised Contract Amount $ 1,233,463.49 Docusign Envelope ID: 03A97DA1-5A97-407E-87D2-611668501D0C