HomeMy WebLinkAbout07 - Amendment to M/RSA with Nature's Image, Inc. (Contract No. 8537-1)e �EvuPpRr
CITY OF
O
NEWPORT BEACH
<,FORN City Council Staff Report
April 29, 2025
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, Public Works Superintendent - 949-644-3069
kpekar@newportbeachca.gov
TITLE: Approval of Amendment No. Two to Maintenance/Repair Services
Agreement with Nature's Image, Inc. (Contract No. 8537-1)
ABSTRACT:
To enhance the City of Newport Beach's hazardous fuel mitigation efforts and wildfire
preparedness, staff requests City Council approval of an amendment to the City's agreement
with Nature's Image, Inc. (Nature's Image) for weed abatement and vegetation management
services. If approved, the amendment would extend the term through April 22, 2029, increase
the total not -to -exceed (NTE) contract amount by $2,334,050 to $4,868,983, and incorporate
green -waste reporting requirements into the agreement.
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. Two to the Maintenance/Repair Services Agreement with
Nature's Image, Inc. to extend the term through April 22, 2029, increase the not -to -exceed
amount by $2,334,049.71, for a new not -to -exceed amount of $4,868,982.95, and
incorporate green -waste reporting requirements, and authorize the Mayor and City Clerk to
execute the amendment.
DISCUSSION:
Beyond ornamental landscape maintenance, the City also separately contracts with Nature's
Image for weed abatement and vegetation reduction/management services specifically to
address fire hazardous fuels on City -owned lands, help protect the community from the
potential threat of wildfire, and meet State of California standards.
Nature's Image has provided the City with superior weed abatement and vegetation
management services over the past six years, and staff from the Public Works Department and
the Fire Department's Fire Prevention Division approve of the contractor's performance. The
original contract was competitively bid in 2019, and Nature's Image had the highest scoring
proposal overall, including the lowest cost proposal. Staff negotiated with Nature's Image on
the current proposed amendment, and Nature's Image is not requesting additional increases
to its current rates beyond the existing contractual Consumer Price Index increase of 2%.
7-1
Approval of Amendment No. Two to Maintenance/Repair Services Agreement
with Nature's Image, Inc. (Contract No. 8537-1)
April 29, 2025
Page 2
To further enhance these services, staff requests that the City Council approve a contract
amendment extending the City's agreement with Nature's Image through April 22, 2029, and
increasing the agreement's total NTE amount by $2,334,050 to $4,868,983. This increase in
contract authority will also provide for an additional $250,000 worth of vegetation
removal/management per year to reduce fire hazardous fuels on City properties. The proposed
total NTE increase should sufficiently fund both historical work levels and the enhanced hazard
mitigation services per year through the remaining contract term. This will enable the City to
expand hazard -related vegetation management in current sites such as Buck Gully, as well as
at sites with minimal previous mitigation, such as the City -owned area between Bonita Canyon
Sports Park and Arroyo Park. The increased fuel reduction effort would begin this fiscal year.
These contract services are used to control and manage vegetation and habitat surrounding
homes and open areas throughout the city. Along with vegetation clearance, trimming and
weed abatement to reduce hazardous fuels, these services may also include erosion
protection, slope stabilization, slope restoration and other activities that may be necessary to
support hazardous fuel reduction activities. The agreement does not include any spraying of
insecticides or herbicides, and is only for manual, hand -tool labor of weeds and other hazards,
as per the City's Integrated Pest Management Policy.
The amended agreement will also incorporate, at no additional cost to the City, necessary
green -waste reporting requirements for the contractor to help meet State organic material
recycling mandates.
FISCAL IMPACT:
The proposed FY 2025-26 budget will include sufficient funds to sustain historical and
enhanced service levels. Most services are expended to the Public Works Department Parks
Hazard Mitigation account, 0108031-841055. Other departments occasionally utilize this
contract for specific projects and fund those services through their own operating accounts.
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. Two with Nature's Image
7-2
ATTACHMENT A
AMENDMENT NO. TWO TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH NATURE'S IMAGE FOR
WEED ABATEMENT SERVICES
THIS AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 29th day of
April, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and NATURE'S IMAGE, INC., a
California corporation ("Contractor"), whose address is 20361 Hermana Circle, Lake
Forest, CA 92630, and is made with reference to the following:
RECITALS
A. On April 23, 2019, City and Contractor entered into a Maintenance/Repair Services
("Agreement") to perform maintenance and/or repair services ("Project").
B. On April 9, 2024, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No One.") to extend the term of the Agreement and to
increase the total compensation. -
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to April 22, 2029, to update the Schedule of Billing Rates, and to
increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
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 April 22, 2029, 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 Amendment One and Exhibit A to Amendment No. Two shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
7-3
3. COMPENSATION TO CONTRACTOR
Effective as of May 1, 2025, Exhibit B to the Agreement shall be replaced in its
entirety with the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated
herein by reference.
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 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 and subcontractor
fees, shall not exceed Four Million Eight Hundred Sixty Eight Thousand Nine
Hundred Eighty Two Dollars and 95/100 ($4,868,982.95), without prior written
authorization from City. Except as otherwise stated in Section 4.2 of the Agreement, no
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subcontractor fees, in an amount not to exceed Two
Million Three Hundred Thirty Four Thousand Forty Nine Dollars and 71/100
($2,334,049.71).
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]
NATURE'S IMAGE, INC. Page 2
7-4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Dateja�Z5
By:
Aar n C. Harp
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
M
Joe Stapleton
Mayor
CONTRACTOR: NATURE'S IMAGE,
INC., a California corporation
Date:
By:
Michelle M Caruana
Chief Executive Officer, Chief Financial
Officer, Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
NATURE'S IMAGE, INC.
Page 3
7-5
EXHIBIT
SCOPE OF SERVICES
NATURE'S IMAGE, INC. Page A-1 7.6
EXHIBIT A
SCOPE OF SERVICES
• REPORTING
o Contractor shall provide the City with Green Waste Reports on a monthly
basis which shall report monthly tonnage of green waste disposed of by
Contractor in the performance of this Agreement.
7-7
EXHIBIT B
SCHEDULE OF BILLING RATES
NATU,RE'S IMAGE, INC. Page B-1 7.8
natures� iw)A
image
20361 Hermana Circle, Lake Forest, CA 92630
Phone: (949) 680-4400 Fax: (949) 680-4450
February 25, 2025
ATTN: Kevin Pekar
Parks and Trees Superintendent
City of Newport Beach
kpekar(cD-newportbeachca.gov
RE: Contract C-8537-1, Weed Abatement Services - 2025 Adjustment to Billing Rates
Per section 4.2 of the contract, Exhibit B (Schedule of Billing Rates) shall be adjusted in proportion to the changes
in the Consumer Price Index, subject to a maximum annual increase of 2.0%. The Consumer Price Index data to
be used shall be from the month that is three (3) months prior to the anniversary date of the agreement. The
effective date of the agreement is April 23rd, thus CPI adjustments will be determined based on the January data.
CPI data for January 2025 supports 3.3% increase for the 12-month percent change, therefore the annual
maximum increase of 2.0% shall be applied to the updated Billing Rates for 2025.
(Source: httos://www.bls.gov/regions/west/news-release/consumemriceindex losangeles.htm#tableA)
Please see the attached updated Billing Rates with the 2.00% increase. The updated schedule of Billing Rates
shall be applied to all work starting May 1, 2025 to April 30, 2026.
Sincerely,
Daniel Slinger
Chief Estimator
M: (949) 795-2480
Email: dslinger(a)-naturesimage.net
Attachments:
Billing Rates
Natures Image, Inc.
CL# California A & C-27 720513 (DIR # 1000003271), & Arizona A-21 168366
DGS Small Business (SB/SBPW- DGS #15579) & SBA Woman Owned Small Business (#WOSB180914)
CPUC Utility Supplier Diversity Program, Woman Business Enterprise (WBE) #10BS0017
7-9
Copy of Year 6_ Bitting Rate Increase
C-8537-1. Weed Abatement Services
Billing Rates (May 1, 2025 to April 30, 2026)
LOCATIONS
Site #
Site Description
Work Type
Standard
Annual Cost
1
19th Street and Balboa Blvd
W
CFC
$2,779.83
2
2315 Holly Lane
1111
CFC
$89.10
3
Back Bay Road
C
WUI
$16,141.04
4
Big Canyon Nature Park
H
-
$80,571.51
5
Bonita Canyon and University Bridge
W
CFC
$70.17
6
Bonita Creek Park Service Road
C
WUI
$2,270.86
7
Buck Gully (Lower)
H
-
$821.92
8
Buck Gully (Middle)
H
-
$3,700.87
9
Upper Middle Buck Gully
H
-
$35,869.33
10
Buck Gully (Upper)
H
-
$1,966.82
11
Cliff Drive Nature Park
W
CFC
$553.51
12
Coast Highway (Roadside east of Pelican Point)
W
CFC
$1,661.65
13
Fernleaf Ramp
W
CFC
$393.14
14
Fletcher Jones Bike Trail
C
WUI
$350.82
15
Harbor Cove Fire Access Road and Trail
C
WUI
$29,501.12
16
Harbor View Nature Park
W
CFC
$14,908.16
17
Hillside Area Along Coast Highway (North of Back Bay View Park)
W
CFC
$1,700.64
18
Iris easement
W
CFC
$314.07
19
Jamboree and Bayview Way
C
WUI
$1,479.01
20
Jamboree and MacArthur
W
CFC
$2,011.37
21
liamboree Roadside Apron and Bike Trail
W
CFC
$1,220.62
22
Kings Road (1801 &1811 Kings Rd)
W
CFC
$268.40
23
Mariners Drive cul-de-sac
W
CFC
$189.33
24
Mesa Drive (east.of Irvine Avenue)
W
CFC
$790.73
25
Newport Dunes bike path
W
CFC
$794.07
26
Newport Dunes Slope (Below Coast Highway)
W
CFC
$3,039.32
27
San Miguel Drive at Big Canyon Reservoir
W
CFC
$1,142.68
28
Santa Ana Ave
E, W
-
$16,239.04
29
South side of Bayside at Carnation and along Fernleaf
W
CFC
$719.46
30
Spyglass Canyon Park
H
-
$11,247.38
31
Spyglass Roadside
W
CFC
$1,172.73
32
University Drive at Irvine Ave
W
CFC
$382.00
33 1
Valley Acreage (Near Spyglass Canyon Park)
H
-
$1,859.90
(C) Clearance Trimming, (E) Erosion Protection, (H) Hazard Reduction, (W) Weed Abatement
(CFC) 2016 California Fire Code (CFC), Section 304.1.2, (WUI) City of Newport Beach Wildland Urban Interface Area
Standard for Hazard Reduction
Unit Costs
Labor per hour
$72.39
Per Hour
Debris hauling per yard
$217.17
Per Yard
Clear debris from v-ditches and shovel width clearance on both sides of
the ditches per foot
$1.95
Per Foot
page 1 of 2
7-10
Copy of Year 6_ Billing Rate Increase
Function Cost
Function" -
Pest Control
I Cost
Unit
General Weed Control Post Emergent
$12.81
1,000 Square Feet
Pre-EmergenUturf or planter
. -
$22.28
1,000 Square Feet
Pruning
$7.24
10 Linear Feet
Removals
Full Tree PrUninglRemovals
$133.65
10 Linear Feet
Pruning
$2,450.16
Day (3-Man Crew)
Removals
Planting Standard Material
$2,450.16
Day (3-Man Crew)
1 Gal. Shrub
$17.82
Each
5 Gal. Shrub
$50.11
Each
15. Gal Shrub
$194.90
Each
15. Gal Tree
$278.43
Each
24 in. Box Tree
$612.55
Each
36 in. Box Tree
$1,670.57
Each
64 Count Flat Groundcover
$66.82
Flat
16 Count 4 in. Flat Annual Color
$44.55
Flat
Turf- Seed and Top Dress
$0.17
1,000 Square Feet
Turf- Sod
$1.11
1,000 Square Feet
Hand -spread and rake in City Supplied Seed
$41.21
1,000 Square Feet
Hydroseed - Standard Coastal Sage Scrub Mix
Erosion
$100.24
1,000 Square Feet
(Min. 0.5 Acre)
Jute Netting
$206.04
1,000 Square Feet
Straw Waddles
$389.79
100 Linear Feet
6mm Poly Sheeting secured w/ stakes and sandbags
$361.96
1,000 Square Feet
Straw Waddles secured w/ stakes
$445.49
100 Linear Feet
Sand Bags
$434.35
100 Linear Feet
page 2 of 2
7-11