HomeMy WebLinkAbout07 - Amendment to M/RSA for Landscape Maintenance of Medians and Roadsides (Contract No. 8651-1)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 27, 2023
Agenda Item No. 7
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, Parks & Trees Superintendent
kpekar@newportbeachca.gov
PHONE: 949-644-3069
TITLE: Approval of Amendment No. One to Maintenance and Repair
Services Agreement for Landscape Maintenance of Medians and
Roadsides with BrightView Landscape Services, Inc. (Contract No.
8651-1)
ABSTRACT:
The City of Newport Beach (City) utilizes contract services to perform landscape
maintenance of median and roadside areas throughout the City. The contractor also
performs on -call services, such as emergency storm response, traffic accident repairs,
irrigation part replacement, plant replacement, landscape enhancement, City street tree
planting, and other on -call services. As a result of higher than anticipated ongoing
maintenance needs, staff requests an increase to the fixed -maintenance portion of the
contract by $131,750 annually for four and half years plus CPI for a total fixed -
maintenance not -to -exceed (NTE) amount of $14,869,688. Additionally, due to a higher
level of on -call work that has already taken place, as well as anticipated work throughout
the remainder of the contract term, staff requests an increase to the on -call portion of the
contract by $2,280,000 for a new on -call NTE amount of $4,380,068. The amendment
would raise the total overall contract NTE from $16,350,000 to $19,249,756 for the seven-
year term of the contract.
RECOMMENDATIONS:
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 to the Maintenance and Repair Services Agreement
with BrightView Landscape Services, Inc. (BrightView) for Landscape Maintenance of
Medians and Roadsides to increase the contract fixed -maintenance not -to -exceed
amount by $131,750 annually for four and half years plus CPI for a total fixed -
maintenance not -to -exceed amount of $14,869,688; and increase the on -call portion
of the contract by $2,280,000 for a new on -call NTE amount of $4,380,068, and
authorize the Mayor and City Clerk to sign the amendment. The amendment would
raise the total overall contract NTE from $16,350,000 to $19,249,756.
7-1
Approval of Amendment No. One to Maintenance and Repair Services Agreement for
Landscape Maintenance of Medians and Roadsides with BrightView Landscape
Services, Inc. (Contract No. 8651-1)
June 27, 2023
Page 2
DISCUSSION:
The City maintains over 265 acres of medians and roadsides landscape through contract
services. Some examples of the sites maintained include vast landscape slopes in
Newport Coast, the landscape and hardscape areas in the Newport Pier and Balboa Pier
parking lots, Balboa Village, Coast Highway medians from the Santa Ana River to Pelican
Point, Newport Coast Community Center, and Oasis Senior Center. Landscape
maintenance activities include lawn mowing and care; trimming of groundcover and
shrubs; irrigation monitoring, repairs and adjustments; small tree maintenance; refuse
policing; weed control; and other related duties.
The current, seven-year contract with BrightView was entered into on December 1, 2020,
at a total NTE of $16,350,000, which covered both the annual fixed -maintenance and on -
call work. With regard to the fixed -maintenance portion, staff is finding that the minimum
manpower of 35 employees is not sufficient to keep up with the level and frequency of
maintenance desired. Thus, staff negotiated with Brightview, using contract labor rates,
to develop an additional two -person, targeted maintenance crew in order to enhance
maintenance and increase the frequency with which sites are serviced. The crew, which
includes a truck, will cost approximately $131,750 per year. This proposed crew would be
used full time for the remaining 4.5 years of the contract.
Additionally, the on -call portion of the contract was initially set at an NTE of $2,100,068,
or approximately $300,000 per year. Typical on -call services performed are emergency
storm response, traffic accident repairs, irrigation part replacements, unforeseen plant
replacements, landscape enhancements, City street tree plantings, clean-ups, repairs,
and plantings due to vandalism. BrightView has been utilized for many more
unanticipated on -call services throughout the initial years of the contract. For example,
traffic accidents on the City's medians are on the rise, which require significant repairs
and replacements of plants, trees and irrigation equipment. With the unprecedented
storms this last year, staff called on BrightView to assist with emergency storm response
services including beach sand clean-up at Newport Pier Plaza and beach -adjacent street
ends. Replacement plant material and the cost of irrigation parts for repairs has increased
through inflation and supply chain issues, resulting in costly on -call expenditures.
Brightview also assisted with several needed re -sodding jobs, including a sizeable athletic
field renovation at Bob Henry Park.
The most substantial on -call expense incurred over the past several years has been
landscape enhancement work, which arises as individual, unplanned, but needed projects
that are too small for the City's typical Capital Improvement Program, but large enough
to have an impact on the on -call NTE contract. One particular project undertaken was the
MacArthur Boulevard slope renovation that included clearing old landscape, retrofitting
irrigation, and planting over an acre of new plants. Another project on Anniversary Lane,
entailed adding two new meters and irrigation to a roadside landscape area that used to
be irrigated by a water truck. Just recently, BrightView completed installing new irrigation
and native landscaping to the Bayside Drive landscape below Fernleaf Ramp. As a result
of the many projects, the on -call portion is now already fully utilized.
7-2
Approval of Amendment No. One to Maintenance and Repair Services Agreement for
Landscape Maintenance of Medians and Roadsides with BrightView Landscape
Services, Inc. (Contract No. 8651-1)
June 27, 2023
Page 3
Looking forward, there are several small-scale landscaping projects on the horizon (e.g.
Newport Island Entry Rehabilitation) that will require BrightView's assistance. These
types of improvement and rehabilitation needs are expected to stay consistent throughout
the remainder of the contract term.
The table below shows some of the typical expenditures over BrightView's initial term and
the approximate annual cost associated with each. The table is not inclusive of all types
of on -call work performed.
Typical Expenditures
Average Annual
Cost
Irrigation Repair Parts
$90,000
Plant Replacements
$105,000
Sod Work
$30,000
Traffic Accident Repairs
$30,000
Tree Replacements (Accidents and Street Trees)
$50,000
Storm and Vandalism Response
$70,000
Landscape Enhancements (smaller non-CIP type work)
$215,000
In evaluating BrightView's prior work and performance over the past 2.5 years, staff is
satisfied with the level of service and value they have provided. Staff also receives many
compliments from the public and other departments regarding its maintenance and
customer service. Additionally, BrightView's supervisors and field staff have developed
detailed working knowledge regarding the intricate landscaped areas that make up the
contract. Finally, BrightView management has not requested an increase to the
contractor's unit prices, thus there is a value-added benefit with the amendment for
additional on -call work.
Consequentially, in order to maintain high quality and attractive median and roadside
areas, staff is requesting an increase to the fixed -maintenance portion of the contract by
$131,750 annually for 4.5 years plus CPI for a total fixed -maintenance NTE amount of
$14,869,688-1 and increase the on -call portion of the contract by $2,280,000 for a new
on -call NTE amount of $4,380,068. This would raise the total overall contract NTE from
$16,350,000 to $19,249,756 for the seven-year term of the contract.
FISCAL IMPACT:
The adopted and future planned operating budgets include sufficient funding for this
amendment. It will be expensed to the following Public Works Department accounts:
7-3
Approval of Amendment No. One to Maintenance and Repair Services Agreement for
Landscape Maintenance of Medians and Roadsides with BrightView Landscape
Services, Inc. (Contract No. 8651-1)
June 27, 2023
Page 4
Contract Services Medians
0108031
811018
Landscape Enhancement
0108031
911008
Contract Services Trees
0108032
811017
Maintenance and Repair Damage
0108031
851014
Maintenance Irrigation Repair
0108031
851038
Oil & Gas Landscape Maintenance
10090907
851026
Utilities Landscape Maintenance
7019052
851026
Neighborhood Enhancement
53601
98000-23P12
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 Maintenance/Repair Services Agreement
7-4
ATTACHMENT A
AMENDMENT NO. ONE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR
LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 27th day of
June, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and BRIGHTVIEW LANDSCAPE
SERVICES, INC., a California corporation ("Contractor"), whose address is 980 Jolly
Road, Suite 300, Blue Bell, Pennsylvania 19422, and is made with reference to the
following:
RECITALS
A. On December 1, 2020, City and Contractor entered into a Professional Services
Agreement ("Agreement") for annual landscape maintenance services of City
medians and roadsides ("Project").
B. The Agreement provides for both fixed services, and on -call services, each subject
to a separate not to exceed amount, with up to a 2% per year increase to the fixed
services after the first year.
C. The parties desire to enter into this Amendment No. One to increase the total
compensation available for fixed services to reflect the addition of an Enhanced
Landscape Maintenance Lead Worker including corresponding fuel sub -charges
for truck and equipment, and additionally, to increase the total compensation
available for on -call services due an increase in volume that was not anticipated
at the time the parties entered into the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement, Scope of Services, shall be supplemented to include
Exhibit A, attached hereto and incorporated herein by reference. 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.
2. BILLING RATES
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
B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as
"Exhibit B."
Brightview Landscape Services, Inc. Page 1 7.5
3. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following:
"4.1 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 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.
4.1.1 Contractor's compensation for all fixed Services
performed in accordance with this Agreement, including all reimbursable
items, shall not exceed Fourteen Million Eight Hundred Sixty Nine
Thousand Six Hundred Ninety Two Dollars and 00/100
($14,869,692.00), subject to the annual not to exceed amounts set forth in
the following table which is based on the total annual cost for fixed Services
set forth in Exhibit B, and includes the possibility of up to a 2% increase in
Billing Rates as may be authorized under Section 4.2 of this Agreement
(annual values rounded up to the next whole dollar):
� Fixed Services Per Year
Not To Exceed
2020-2021
$1,916,787.00
2021-2022
$1,955,122.00
2022-2023
$2,060,100.00
2023-2024
$2,168,494.00
2024-2025
$2,211,864.00
2025-2026
$2,256,101.00
2026-2027
$2,301,224.00
Total Not to Exceed for Fixed
$14,869,692.00
Services:
4.1.2 Contractor's compensation for all On -Call Services
performed in accordance with this Agreement, including all reimbursable
items, shall not exceed Four Million Three Hundred Eighty Thousand
Sixty Eight Dollars and 00/100 ($4,380,068.00), without prior written
amendment to the Agreement.
4.1.3 Contractor's compensation for all Services performed
in accordance with this Agreement, including all fixed and on -call Services
and all reimbursable items, shall not exceed a grand total amount of
Nineteen Million Two Hundred Forty Nine Thousand Seven Hundred
Sixty Dollars and 00/100 ($19,249,760.00), without prior written
amendment to the Agreement."
Brightview Landscape Services, Inc. Page 2 7-6
The total amended compensation reflects Contractor's additional compensation for
additional fixed and on -call services to be performed in accordance with this Amendment
No. One, including all reimbursable items, in a total amount not to exceed Two Million
Eight Hundred Ninety Nine Thousand Seven Hundred Sixty Dollars and 00/100
($2,899,760.00).
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]
Brightview Landscape Services, Inc. Page 3 7-7
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: ;v / 1 K />
By:
on C. Harp IL4.23 wc.
City Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Mayor
Jeff Herold
CONTRACTOR: Brightview Landscape
Services, Inc., a California corporation
Date:
By:
Jeff Herold
Chief Executive Officer and President
[END OF SIGNATURES]
Exhibit A - Scope of Services
Exhibit B - Billing Rates
Brightview Landscape Services, Inc. Page 4 7_8
EXHIBIT A
SCOPE OF SERVICES
Appendix A to Exhibit A of the Agreement, "Minimum Staff Requirements & Location
Area Map," shall be supplemented to include the following:
At a minimum, contractor
shall provide, the
additional positions as
Work
Required
Location
depicted in the table
performed
Vehicle
below: # Positions
Driving, Debris
Enhanced Landscape
Pick-up, Storm
Pick-up Truck:
Maintenance — Lead
Response,
F-150 or equal
Citywide
Worker
Weeding, and
Trimming
Brightview Landscape Services, Inc. Page 5 7.9
EXHIBIT B
BILLING RATES
The following shall be supplemental to Exhibit B to the Agreement:
Item
Rate
Quantity per
Total per Month
Month
Enhanced Landscape
Maintenance — Lead
$30.00
173.3342
$5,200.03
Worker
Fuel Sub Charges for Truck
$5,779.14
1
$5,779.14
& Work Equipment
Total Additional
Monthly Fixed
$10,979.17
Maintenance
Brightview Landscape Services, Inc. Page 6 7-10