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TITLE:
CITY OF
NEWPORT BEACH
City Council Staff Report
September 09, 2014
Agenda Item No. 6.
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Mike Pisani, Acting Municipal Operations Department Director — (949) 644 -3055,
mpisani@newportbeachca.gov
Maurice Turner
(949) 644 -3057
Amendment No. One to Agreement for Weed Abatement Services
ABSTRACT:
The City utilizes a contractor to perform weed abatement services including preventative and as- needed
vegetation removal at 36 locations for erosion protection and fire hazard reduction. One location was
expanded to include a larger service area which will result in a cost increase.
RECOMMENDATION:
Approve the amendment with Southland Landscape Maintenance for weed abatement services at various
City -owned properties at an increased annual cost of $29,430, and authorize the Mayor and City Clerk to
execute the amendment.
FUNDING REQUIREMENTS:
There are adequate funds in Municipal Operations and Fire Department budgets to fund these services this
fiscal year, and funds for these services will continue to be budgeted in subsequent fiscal years.
DISCUSSION:
Following a competitive Request for Proposal process, at its June 11, 2014 meeting, the City Council
approved a five -year agreement with Southland Landscape Maintenance for weed abatement. In the RFP,
Site #12, known as Buck Gully (Middle), had been inadvertently listed as a smaller area then it actually is
(2 vs. 34 acres). Upon finding the error, staff contacted Southland for a revised cost for Site #12 based
upon the correct acreage. The cost for Area #12 rose from $25,750 to $55,180 per year.
Therefore, an amendment with Southland Landscape Maintenance is submitted for Council approval. The
amendment will increase the annual cost of the agreement by $29,430, or $147,150 over the five -year term
of the agreement.
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to CEQA.
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).
M
ATTACHMENTS:
Description
Attachment A - Updated Mar) of Buck Gully (Middle)
Attachment B - Amendment No. One
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ATTACHMENT A
m
ATTACHMENT B
AMENDMENT NO. ONE TO
MAINTENANCE SERVICES AGREEMENT WITH
BARRON HURLBUT DBA SOUTHLAND LANDSCAPE MAINTENANCE AND
INSTALLATION FOR WEED ABATEMENT SERVICES
THIS AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT
( "Agreement ") is made and entered into as of this 21 st day of August, 2014 ( "Effective
Date'), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City"), and Barron Hurlbut, a sole proprietor, doing
business as ( "DBA ") SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLA-
TION ( "Contractor"), whose address is P.O. Box 11437 Costa Mesa, California 92627,
and is made with reference to the following:
RECITALS
A. On June 11, 2014, City and Consultant entered into a Maintenance Services
Agreement ( "Agreement ") for weed abatement services ( "Project ").
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement and to increase the total compensation because
the Agreement inaccurately identified the size of Site #12 (Buck Gully "Middle ")
and therefore Exhibit "B" of the June 11, 2014 Agreement does not include
services for the 62 lots identified as Middle Buck Gully and should be corrected.
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, 2019, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit A and incorporated herein by reference
( "Services" or "Work "). Exhibit B to the Agreement and Exhibit A to Amendment No.
One shall collectively be known as "Exhibit A."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant 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 A and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eight
Hundred Seventy Two Thousand One Hundred Fifty Dollars and 001100
($872,150.00), without prior written authorization from City. No billing rate changes
M.
shall be made during the term of this Agreement without the prior written approval of
City."
The total amended compensation reflects Consultant'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 Forty Seven Thousand One Hundred Fifty Dollars and 00/100
($147,150.00).
3. 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]
Southland Landscape Maintenance and Installation Page 2
C.
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY AT RN S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
By: By:
Aaron C. Harp CAA alujILI Rush N. Hill, II
City Attorney Mayor
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
Attachments:
CONTRACTOR: Barron Hurlbut, a sole
proprietor, DBA Southland Landscape
Maintenance and Installation
Date:
Bv:
Barron Hurlbut
Owner
[END OF SIGNATURES]
Exhibit A — Schedule of Billing Rates
Southland Landscape Maintenance and Installation Page 3
[.
EXHIBIT A
SCHEDULE OF BILLING RATES
Southland Landscape Maintenance and Installation Page A -1
s -7
SCHEDULE OF BILLING RATES
A. Annual Services
Site #
Site Description
Work Type
Standard .
Annual Cost
$570.00
1
15th Street and Monrovia Ave
W
CFC
$2,100.00
2
19th Street and Balboa Blvd
W
CFC
$175.00
3
2315 Holly Lane
W
CFC
$625.00
4
Avon Street Alley
W
CFC
$9,720.00
5
Back Bay Road
C
WUI
$75.00
6
Balboa Blvd and 39th Street
W
CFC
$75.00
7
Balboa Blvd Roadside between Channel Place &
W
CFC
River
$11,270.00
8
Big Canyon Nature Park
H
$1,220.00
9
Bonita Canyon and University Bridge
W
CFC
$2,125.00
10
Bonita Creek Park Service Road
C
WUI
$1,725.00
11
Buck Gully (Lower)
H
_
$55,180.00
12
Buck Gully (Middle)
H
_
$5,600.00
13
Cliff Drive Nature Park
W
CFC
$920.00
14
Coast Highway (Roadside east of Pelican Point)
W
CFC
$870.00
15
Fernleaf Ramp
W
CFC
$1,070.00
16
Fletcher Jones Bike Trail
C
WUI
$6,025.00
17
Harbor Cove Fire Access Road and Trail
C
WUI
$8,725.00
18
Harbor View Nature Park
W
CFC
$2,900.00
19
Hillside Area Along Coast Highway (North of Back
W
CFC
Bay View Park)
$475.00
20
Iris easement
W
CFC
$820.00
Jamboree and Bayview Way
C
WUI
E
$2,370.00
2221
Jamboree and MacArthur (new area)
W
CFC
Pfflj
site #
Site Description
Work Type
Standard
Annual Cost
$1,320.00
23
Jamboree Roadside Apron and Bike Trail
W
CFC
$320.00
24
Kings Road (1801 &1811 Kings Rd)
W
CFC
$1,525.00
25
Mariners Drive cul -de -sac
W
CFC
$925.00
26
Mesa Drive (east of Irvine Avenue)
W
CFC
$1,090.00
27
Newport Dunes bike path
W
CFC
$1,070.00
28
Newport Dunes Slope (Below Coast Highway)
W
CFC
$570.00
29
San Miguel Drive at Big Canyon Reservoir
W
CFC
$820.00
30
Santa Ana Ave
E
$370.00
31
Santa Ana Ave (South side of roadway)
W
CFC
$290.00
32
South side of Bayside at Carnation and along
W
CFC
Fernleaf
$8,700.00
33
Spyglass Canyon Park
H
$390.00
34
Spyglass Roadside
W
CFC
$670.00
35
University Drive at Irvine Ave
W
CFC
$4,200.00
36
Valley Acreage (Near Spyglass Canyon Park)
H
(C) Clearance Trimming, (E) Erosion Protection, (H) Hazard Reduction, (W) Weed Abatement
(CFC) 2013 California Fire Code (CFC), Section 304.1.2, (WUI) City of Newport Beach Wildland Urban Interface Area
Standard for Hazard Reduction
.•