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Home My WebLink About10 - Amendment No. One for As -Needed Plant Healthcare ServicesQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report May 14, 2019 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kevin Pekar, City Arborist, kpekar _newportbeachca.gov PHONE: 949-644-3197 TITLE: Amendment No. One for As -Needed Plant Healthcare Services with RPW Services, Inc. (C-7116-1) ABSTRACT: The City utilizes a contractor to provide plant healthcare services for City trees and landscaping. In an effort to improve the City's level of service and to maintain a quality urban forest, staff recommends approval of an amendment to our Maintenance Agreement 7116-1 with RPW Services, Inc. to extend the expiration date by two years and increase spending authority. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One with RPW Services, Inc. for As -Needed Plant Healthcare Services to extend the expiration date by two years and increase the contract amount by $120,000, for a new multi-year not -to -exceed total of $240,000, and authorize the Mayor and City Clerk to sign the amendment. FUNDING REQUIREMENTS: The current adopted budget, and as proposed in the next fiscal year budget, includes sufficient funding for this expense. Contract cost are expensed to the Professional Services account (Parks and Trees Section) of the Public Works Department, 0109032- 811008. 10-1 Amendment No. One for As -Needed Plant Healthcare Services with RPW Services, Inc. (C-7116-1) May 14, 2019 Page 2 DISCUSSION: The current three-year contract for tree and plant health care services with RPW Services Inc. was executed on July 1, 2017 for a total not -to -exceed amount of $120,000. RPW primarily conducts tree health maintenance services including as -needed fertilization, growth and fruit control treatments and related pest control for the City's vast urban forest. RPW also provides professional tree and landscape inspections and consultation, and other tree and plant related services. Pest control for City trees, palms and large shrubs provided by RPW Inc. under this contract includes such measures as organic bio -control methods, foliar treatments for insects and fungus, and growth hormones and antibiotics applications. Depending on the health services required, these treatments are typically either applied to the root zone, topically spot applied, injected directly into the tree/plant, or sprayed onto the tree/plant. Treatments are conducted on an as -needed basis, typically once or twice a year on the identified trees of concern. RPW has not provided weed control under their current contract; however, has the ability to provide this service if necessary. General City landscaping health and pest control services for parks, roadsides and streets medians is primarily included in the maintenance contracts conducted by other city contractors who directly care for those facilities. Many new tree and landscape pests are introduced to Southern California annually. To combat these new infestations, maintaining good tree and plant health as well as early detection and preventative treatments are necessary in order to preserve the City's urban forest and natural resources. With the introduction of several new invasive pests over the last decade, we have also seen the need for new treatment methods for threatened City trees, both with active infestations that need immediate foliar treatments and those trees that can be systemically treated to prevent future outbreaks. Using integrated pest management principles, the City is utilizing new treatments, including the use of biological controls, such as the use of predatory insects (ladybugs), as the first priority to control pest insects. The proposed amendment will extend the current contract by two additional years of service, add additional funding for said services and continue our pro -active program more effectively to protect our vast tree inventory. Additionally, the proposed amendment will allow RPW Services Inc. to include the ability to provide pest control recommendations to the City in accordance with the City's Integrated Pest Management Policy, which enable City staff and our maintenance contractors to conduct as -needed treatments in various areas of the City. 10-2 Amendment No. One for As -Needed Plant Healthcare Services with RPW Services, Inc. (C-7116-1) May 14, 2019 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Amendment No. One to On -Call Maintenance/Repair Agreement 10-3 ATTACHMENT A AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH RPW SERVICES, INC. FOR AS -NEEDED PLANT HEALTHCARE SERVICES THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 14th day of May, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RPW SERVICES, INC., a California corporation ("Contractor"), whose address is P.O. Box 2342, Fullerton, California 92837, and is made with reference to the following: RECITALS A. On July 1, 2017, City and Contractor entered into an On -Call Maintenance/Repair Services Agreement ("Agreement") for on-call maintenance and/or repair services for City ("Project"). B. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in the Agreement. C. The parties desire to enter into this Amendment No. One to supplement the Scope of Work, increase the total compensation to Contractor due to the increased volume of Work under the Agreement, and extend the term of the Agreement to June 30, 2022. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2022, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit 10-4 B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Forty Thousand Dollars and 001100 ($240,000.00), without prior written amendment to the Agreement." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Twenty Thousand Dollars and 001100 ($120,000.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RPW Services, Inc. Page 2 10-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: �, z. -L - CITY OF NEWPORT BEACH, a California municipal corporation Date: By. a C. Ha""� �•�1 ��`� B Diane B. Dixon p C' Attorney Mayor ATTEST: Date: Leilani I. Brown City Cleric CONSULTANT: RPW SERVICES, INC., a California corporation Date: Paul Webb President Date: By: Karla Webb Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RPW Services, Inc. Page 3 10-6 EXHIBIT A SCOPE OF SERVICES Contractor shall provide pest control advisor services as follows: • Annually provide written pest control recommendations, as requested by the City, with SDS sheets and pesticide labels, for use by trained City Staff in select areas. RPW Services, Inc. Page A-1 10_7 EXHIBIT B SCHEDULE OF BILLING RATES Pest Control Recommendations written by a Pest Control Advisor, for use by trained City Staff in select areas, shall be billed at the rate of $125.00 each. RPW Services, Inc. Page B-1 10-8