HomeMy WebLinkAbout06 - Amendment to M/RSA for Athletic Field Re-Sodding at Buffalo Hills ParkQ �EwPpRT
CITY OF
s NEWPORT BEACH
q \P City Council Staff Report
November 4, 2025
Agenda Item No. 6
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 - 949-644-3069
kpekar@newportbeachca.gov
TITLE: Approval of Amendment No. Two to Maintenance & Repair Services
Agreement with Merchants Landscape Services, Inc. (Contract No.
8772-1) for Athletic Field Re -Sodding at Buffalo Hills Park
ABSTRACT:
The City Council Integrated Pest Management (IPM) Ad Hoc Advisory Committee (Committee)
and staff met with members of the Harbor View and Newport Hills Community Associations to
discuss several issues including concerns with the City of Newport Beach's (City) planned use
of synthetic herbicide treatments to control excessive weeds on the Buffalo Hills Park grass
athletic fields. After much discussion, the full Committee recommended that the City should
undertake a pilot project for the Buffalo Hills Park athletic field, whereby the City would re -sod
the entire grass athletic field (not including the Anderson School portion) in lieu of addressing
excessive weed control by use of a chemical herbicide. To implement this pilot project, staff
requests awarding the project to Merchants Landscape Services (Merchants), appropriating
$189,000 in increased expenditures from the General Fund and approving an amendment to the
on -call portion of Merchants' 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;
b) Approve Budget Amendment No. 26-038 appropriating $189,000 in increased expenditures
in Account No. 0108031-851030 from the General Fund unappropriated fund balance; and
c) Approve Amendment No. Two to Maintenance and Repair Services Agreement with
Merchants Landscape Services, Inc. for Landscape Services for Parks & Facilities to
increase the on -call not to exceed amount by $189,000 for a total on -call not to exceed
amount of $4,489,000 and a total overall contract NTE of $14,639,000, and authorize the
Mayor and City Clerk to sign the amendment.
DISCUSSION:
On April 29, 2025, City Council established the IPM Committee, composed of Mayor Pro Tern
Lauren Kleiman, Councilmembers Noah Blom and Sarah J. Weber.
6-1
Approval of Amendment No. Two to Maintenance & Repair Services Agreement with
Merchants Landscape Services, Inc. (Contract No. 8772-1) for Athletic Field Re -Sodding at
Buffalo Hills Park
November 4, 2025
Page 2
The Committee's purpose was to review the City's current IPM program, which includes the use
of pesticides, and submit possible recommendations for potential revisions to the full City Council
for consideration.
The Committee first met on July 3, 2025, where staff provided an overview of the current IPM
program. The Committee discussed specific concerns raised by some residents in the Harbor
View and Newport Hills Community Association regarding the usage of synthetic herbicides on
City -maintained athletic fields, particularly Buffalo Hills Park and Bonita Canyon Sports Park.
The Committee recommended holding a community meeting with residents of the two
associations to follow-up on their concerns using the Associations' Board Meeting as an avenue
for this discussion.
The Committee met with approximately 30 residents of both associations at the Harbor View
Association Clubhouse on September 15, 2025. Staff presented a brief overview of the current
IPM program, with special emphasis on athletic field maintenance, followed by a question -and -
answer session with attendees. Several residents expressed a desire to eliminate all synthetic
herbicide use on the City's athletic fields, while staff relayed concerns regarding safety due to
uneven playing surfaces should the weeds proliferate. After further discussion, a pilot program
was recommended by Councilmember Blom on behalf of the Committee for the Buffalo Hills
Park athletic field, whereby in lieu of addressing excessive weed control on the existing Buffalo
Hills City athletic fields by use of a chemical herbicide, the fields would be stripped of grass and
weeds, the surface would be repaired and leveled, and new sod would be laid. The new grass
playing surface would then be monitored for weed recurrence and addressed through
mechanical and/or organic methods over the next three years (or to the level where treatment
for excessive weeds is deemed necessary). The Buffalo Hills Park athletic field would not be
treated with any herbicides during this period.
Staff sought proposals from both of the City's current on -call landscape contractors for the
athletic field repair, preparation and re -sodding work following the community meeting and
direction from the Committee. The scope of work includes removal of 115,800 square feet of
existing grass surface, incorporating 300 tons of wash sand with a rototiller to improve drainage,
laser leveling the surface, installation of 115,800 square feet of overseeded hybrid Bermuda sod,
and installation of protective snow fencing. The proposed re -sodding work will be undertaken in
early December 2025 and take approximately two weeks to complete. Snow fencing will then be
installed, and the field will be closed to all activity for four weeks. The field will then be open for
passive use but restricted from further sports related use for an additional four weeks to allow
the sod to establish.
Merchants provided the low bid of $188,029.15, which was slightly lower than Brightview
Landscape Services bid of $200,672.57. Merchants is the current City park and facilities
contractor and staff is satisfied with the level of service; the value Merchants has provided and
the quality of the field renovations that Merchants has performed. Merchants' supervisors and
field staff possess excellent technical knowledge regarding the intricate and time -sensitive work
entailed with athletic field renovations and provide similar services for the City of Irvine, among
others.
6-2
Approval of Amendment No. Two to Maintenance & Repair Services Agreement with
Merchants Landscape Services, Inc. (Contract No. 8772-1) for Athletic Field Re -Sodding at
Buffalo Hills Park
November 4, 2025
Page 3
Staff requests approving a second amendment to the Merchants' agreement to provide for the
re -sodding pilot project at Buffalo Hills Park, as well as approving a budget amendment
appropriating $189,000 in increased General Fund expenditures to fund the necessary
amendment.
FISCAL IMPACT:
The Budget Amendment appropriates $189,000 in increased expenditures from the
unappropriated General Fund balance to the Turf Renovation account in the Public Works
Department, 0108031-851030.
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).
ATTACHMENTS:
Attachment A - Budget Amendment
Attachment B - Amendment No. Two with Merchants Landscape Services, Inc.
Attachment C - Location Map
6-3
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C��/FO AN�P
Department: Public Works
Requestor: Theresa Schweitzer
ATTACHMENT A
City of Newport Beach
BUDGET AMENDMENT
2025-26
CITY MANAGER'S APPROVAL ONLY
El COUNCIL APPROVAL REQUIRED
❑ Yes ❑ No
ONE TIME:
BA#: 26-038
City Clerk: Date
Finance Director: �� Date
//�w -
Budget Manager:\ dl[�XI✓� Date
To appropriate additional budget in the Parks Turf Renovation account for Amendment No. Two to Maintenance & Repair ❑ from existing budget appropriations
Services Agreement with Merchants Landscape Services, Inc. (Contract No. 8772 1) for sports field re -sodding at Buffaloills H
❑ from additional estimated revenues
Park.
❑� from unappropriated fund balance
REVENUES
Fund #
Org
Object Project Description
Increase or (Decrease) $
Subtotal $ -
EXPENDITURES
Fund #
Org
Object Project Description
Increase or (Decrease) $
O10
0108031
851030 PARKS - TURF RENOVATION
189,000.00
Subtotal $ ®®® 189,000.00
FUND BALANCE
Fund #
Object
Description
010
300000
GENERAL FUND - FUND BALANCE CONTROL
(189,000.00)
Subtotall $� �(189,000.00).
Fund Balance Change Required
ATTACHMENT B
AMENDMENT NO. TWO TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH MERCHANTS LANDSCAPE SERVICES, INC. FOR
LANDSCAPE SERVICES FOR PARKS & FACILITIES
THIS AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 4th day of
November, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and MERCHANTS LANDSCAPE
SERVICES, INC., a California corporation ("Contractor'), whose address is 1190
Monterey Pass Rd, Monterey Park, CA 91754, and is made with reference to the
following:
RECITALS
A. On January 1, 2022, City and Contractor entered into a Maintenance/Repair
Services Agreement (Contract No. C-8772-1) ("Agreement") to perform annual
landscape maintenance services of City parks and facilities ("Project").
B. On September 23, 2025, the parties entered into Amendment No. One to confirm
all extensions of the term of the Agreement have been utilized, to update the
insurance requirements, and to increase the total compensation to cover on -call
services through the end of the term
C. The parties desire to enter into this Amendment No. Two to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
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 this reference.
4.1.1 Contractor's compensation for all Services performed in accordance
with this Agreement, including all reimbursable items, if any, shall not exceed One Million
Nine Hundred Fifty Thousand Dollars and 00/100 ($1,950,000.00) for the Original Term
and for each Renewal Term (each twelve (12) month period from January 1 to December
31, commencing with the Effective Date).
4.1.2 Contractor's compensation for all On -Call Services during the course
of this Agreement, including all reimbursable items, if any, shall not exceed Four Million
Three Hundred Thousand Dollars and 00/100 ($4,300,000.00),
4.1.3 Contractor's compensation for all Work performed in accordance
with this Agreement, including all Services and all On -Call Services, and all reimbursable
items and subconsultant fees, if any, shall not exceed Fourteen Million Six Hundred
Merchants Landscape Services, Inc Page 1 6-5
Thirty Nine Thousand Dollars and 00/100 ($14,639,000.00), without prior written
authorization from City. 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 On -Call Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, if any, in an amount not to
exceed One Hundred Eighty Nine Thousand Dollars and 00/100 ($189,000.00).As of
the Effective Date of this Amendment No. Two.
2. 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]
Merchants Landscape Services, Inc Page 2
6-6
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
Date:
By:
Aa n C. Harp
City Attorney AF
ATTEST:
Date:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONTRACTOR:MERCHANTS
LANDSCAPE
SERVICES, INC., a California corporation
Date:
By:
Mark Brower
President
Date:
By:
Donna Brower
Secretary
[END OF SIGNATURES]
Merchants Landscape Services, Inc Page 3 6_7
ATTACHMENT C
BONITA
LOCATION MAP
PROJECT
LOCATION
11111111. ��■■II
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
10/22/2025
.: