HomeMy WebLinkAbout11 - Weed Abatement Services City PropertyNovember 13, 2001
Council Agenda
Item No. i i
TO: Mayor and Members of the City Council
FROM: Tim Riley, Fire Chief -z
SUBJECT: Weed Abatement Services on City Owned Properties
RECOMMENDATION
Award the City's Professional Services Agreement to Southland Landscape
Maintenance and Installation for Weed Abatement Services on City owned properties.
BACKGROUND
Each year the Fire Department administers the City's Weed Abatement Program. This
program currently involves the clearing of weeds and combustible vegetation in four
nature parks (Spyglass Canyon Nature Park, Harbor View Nature Park, Castaways
Nature Park, Big Canyon Nature Park) and 18 various City properties. The program
also involves notification to property owners whose properties are not in compliance
with the City's guidelines as set forth in Newport Beach Municipal Code Chapter 10.48
Weed and Rubbish Abatement. The property owners have the option of clearing weeds
from their property or having the City appointed contractor clear their property. The
cost of the work, along with an administrative fee, is billed to the property owner.
On May 29, 1998, the City of Newport Beach entered into an agreement with Southland
Landscape Maintenance and Installation to provide weed abatement services at
Spyglass Canyon Nature Park, Harbor View Nature Park, and the 18 various City
properties. At this time, the City also entered into an agreement with R. C. G. Company
Landscape Care to provide weed abatement services at Big Canyon Nature Park. This
agreement commenced on June 5, 1998, and terminated on June 4, 1999. At the City's
option, this Agreement could be extended on a year -to -year basis for two additional
years.
After the first year, R. C. G. Company Landscape Care wished to exercise the portion of
the Agreement that allowed them to increase the cost to clear Big Canyon Nature Park.
Based on this information, the City informally re-bid for the services. Southland
Landscape Maintenance and Installation bid the property at $16,875.00. R. C. G.
Company Landscape Care's original bid was for $24,500.00 but in the end, they chose
not to re -bid. Castaways Nature Park was added to the list at this time and a bid of
$8,825.00 was received from Southland Landscape Maintenance and Installation for that
work. No other bids were received.
November 13, 2001
Council Agenda
Item No.
On June 5, 1999, the City of Newport Beach entered into an agreement with Southland
Landscape Maintenance and Installation to provide weed abatement services on the 22
listed City owned properties.
Due to Southland Landscape Maintenance and Installation's thorough and prompt
services, the Newport Beach Fire Department chose to extend this Agreement for a third
year. This Agreement expired on June 4, 2001.
Considerable time, effort, and expense is expended by the Fire Department in
educating a landscape maintenance company regarding the clearing requirements
within the City's nature parks. Much of the plant materials are California natives
requiring tagging and consultation with a local arborist that assists in identifying these
plant materials. Once native and approved vegetation is identified in the nature
parks, the contractor is instructed regarding guidelines concerning the clearing
requirements of various City owned properties.
After a landscape maintenance company completes a project, the Fire Department
conducts an inspection of the property for guideline compliance. Often, when a new
company is hired, more than one fire department inspection is required prior to
considering the project compliant with the required standards.
Southland Landscape Maintenance and Installation has been the primary landscape
contractor for the Fire Department for the last three years. Their knowledge and
expertise of the City's geography and the City's code requirements enables Southland
Landscape Maintenance and Installation to mitigate the fire hazards within the City in
an expeditious manner. This assists in minimizing the time and effort required in the
training and supervision of another landscape company. With Southland Landscape
Maintenance and Installation, the weed abatement program is self - sustaining.
CONCLUSION
The Newport Beach Fire Department is extremely satisfied with the quality of
workmanship and professionalism that Southland Landscape Maintenance and
Installation provides to the City and its residents. Southland Landscape Maintenance
and Installation has agreed to continue to provide services at the same cost as the 1998
Agreement.
The Newport Beach Fire Department requests that the Weed Abatement Services
Agreement be granted to Southland Landscape Maintenance and Installation in the sum
of $40,340.00 for the calendar year 2002 and each year thereafter providing there is no
increase in cost.
CITY OF NEWPORT BEACH
� �,tiWPORT
z
SPECIFICATIONS AND
CONTRACT DOCUMENTS FOR
WEED ABATEMENT SERVICES
City of Newport Beach
Fire Department
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3106
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 14th day of November 2001, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City"), and Southland Landscape Maintenance and Installation whose address
is PO Box 11427, Costa Mesa, California, 92627, (hereinafter referred to as
"Contractor'), is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City is planning to continue weed abatement services ('Project ").
C. City desires to engage Contractor to provide weed abatement services
upon the terms and conditions contained in this Agreement.
D. The principal member of Contractor, for the purpose of this Project, is
Barron Hurlbut.
E. City has solicited and received a proposal from Contractor, has reviewed
the previous experience and evaluated the expertise of Contractor, and
desires to contract with Contractor under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall be one (1) year commencing on the 15t day of
January 2002, and terminating on the 31St day of December 2002. This Agreement is
subject to review and at City's option, extension on a year -to -year basis.
It is the intent of the City to renew this Agreement for successive years without
any cost increase. However, the Contractor or the City may request a price adjustment
in writing sixty days prior to the Agreement renewal date.
2. SERVICES TO BE PERFORMED
Contractor shall diligently perform all the duties set forth in the "Scope of
Services," attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Contractor for the services in accordance with the provisions of this
Section. No rate changes shall be made during the initial one (1) year term of this
Agreement without prior written approval of City. Contractor's compensation for all work
performed in accordance with this Agreement shall not exceed the total Agreement
price of forty thousand three hundred forty dollars ($40, 340.00).
3.1
Contractor shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work
which is billed on an hourly basis and all approved incidental expenses including
reproductions, computer printing, postage and mileage.
3.2
Contractor shall submit monthly invoices to City payable by City within thirty (30)
days of receipt of invoice, and subject to the approval of City.
OK
Contractor shall not receive any compensation for extra work without prior written
authorization of City.
3.4
City shall reimburse Contractor only for those costs or expenses which have been
specifically approved in this Agreement, or specifically approved, in writing, in
advance by City.
4. STANDARD OF CARE
4.1
All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate with
the community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City nor have
any contractual relationship with City. Contractor represents and warrants to
City that it has or shall obtain all licenses, permits, qualifications and approvals
required of its profession. Contractor further represents and warrants that it
shall keep in effect all such licenses, permits and other approvals during the
term of this Agreement.
4.2
Contractor shall not be responsible for delay, nor shall Contractor be responsible
for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or
faulty performance by City, Contractors, or governmental agencies, or any other
delays beyond Contractors control or without Contractors fault.
5. INDEPENDENT PARTIES
City retains Contractor on an independent basis and Contractor is not an
employee of City. The manner and means of conducting the work are under the control
of Contractor, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute Contractor or any of Contractors employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over the
details in means of performing the work provided that Contractor is compliance with the
terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Contractor as to the details of the performance of the services or to
exercise a measure of control over Contractor shall mean that Contractor shall follow
the desires of City only with respect to the results of the services.
6. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Contractor on the Project.
7. PROJECT MANAGER
Contractor shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Contractor has designated Barron Hurlbut to be its
Project Manager.
Contractor, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
City owned property shall be abated between June 1st and August 31st. Privately
owned property will be abated beginning on or around August 1st and work concluded
prior to August 15'". The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Contractor for delay. Notwithstanding the foregoing, Contractor shall not be responsible
for delays which are due to causes beyond Contractors reasonable control. However,
in the case of any such delay in the services to be provided for the Project, each party
hereby agrees to provide notice to the other party so that all delays can be addressed.
8.1
Contractor shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the
start of the condition, which purportedly causes a delay, and not later than the
date upon which performance is due. The Project Administrator shall review all
such requests and may grant reasonable time extensions for unforeseeable
delays, which are beyond Contractors control.
8.2
For all time periods not specifically set forth herein, Contractor shall respond in
the most expedient and appropriate manner under the circumstances, by either
telephone, fax, hand delivery or mail.
[&I
The Parties agree that it is extremely difficult and impractical to determine and fix
the actual damages which the City will sustain should the Contractor fail to
complete the work called for in this Agreement. Should Contractor fail to
complete the work called for in this Agreement, Contractor agrees to deduction
of liquidated damages in the sum of two hundred fifty dollars ($250.00) per day
for everyday beyond the date scheduled for completion provided in Section 8.
9. COMPLIANCE
All work performed by Contractor shall comply with all City, County, State and
Federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
10. PROGRESS
Contractor is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
11. HOLD HARMLESS
Contractor shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subs in the performance of services or work
conducted or performed pursuant to this Agreement. This indemnity shall apply even in
the event of negligence of City, or its employees, or other s, excepting only the sole
negligence or willful misconduct of City, its officers or employees, and shall include
attomeys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action
on or to enforce the terms of this Agreement.
12. INSURANCE
Without limiting Contractors indemnification of City, and prior to commencement
of work, Contractor shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Contractors services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and
Financial Size Category. Class VII (or larger) in accordance with the latest edition of
Bests Key Rating Guide: unless otherwise approved by the City Risk Manager.
A. Workers compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Contractor shall give City prompt and timely notice of claim made or suit
instituted arising out of Contractors operation hereunder. Contractor shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Contractor agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Contractor shall look solely to its insurance for recovery. Contractor hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Contractor or City with respect to the services of Contractor herein,
a waiver of any right of subrogation which any such insurer of said Contractor may
acquire against City by virtue of the payment of any loss under such insurance.
13. ADMINISTRATION
This Agreement will be administered by the Newport Beach Fire Department.
Fire Inspector Nadine Morris shall be considered the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
14. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Contractor shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
15. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Contractor shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
16. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
17. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions
of the California Political Reform Act of 1974 (the "Act "), which (1)
requires such persons to disclose financial interest that may
foreseeably be materially affected by the work performed under this
Agreement, and (2) prohibits such persons from making, or
participating in making decisions that will foreseeably financially
affect such interest.
B. If subject to the Act, Contractor shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is
grounds for termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for
damages resulting from Contractors violation of this Section.
18. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to City shall be
addressed to City at:
City of Newport Beach Fire Department
Fire Prevention Division
3300 Newport Boulevard, Newport Beach, CA 92663
PO Box 1768, Newport Beach, CA 92658 -8915
Office (949) 644 -3106
Fax (949) 644 -3120
20. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the nondefaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
20.1
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days prior written notice to Contractor as
provided herein. Upon termination of this Agreement, City shall pay to the
Contractor that portion of compensation specified in this Agreement that is
earned and unpaid prior to the effective date of termination.
21. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
22. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Contractor.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Gary Adams, Mayor
for the City of Newport Beach
CONTRACTOR
LIM
Barron Hurlbut
Southland Landscape Maintenance and Installation
APPROVED AS TO FORM:
0
Robin L. Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless
City Clerk
EXHIBIT A
SCOPE OF SERVICES
1. Nature of Work
Currently there are twenty -two (22) City owned properties that require annual
weed abatement maintenance. The lots range in size. The lots also vary in type and
density of vegetation; however, the majority of the weed abatement maintenance
involves the cutting and removing of light grasses. The lots will be maintained
according to one of two standards. The standards are either (1) 1997 Uniform Fire
Code Appendix II -A (UFC), or (2) City of Newport Beach Urban Wildland Interface Area
Standard for Hazard Removal (UWI). Also provided with this document is a list of
properties including general comments, a corresponding map book, and copies of
applicable standards. Below is the list of City owned properties:
1. Spyglass Nature Park
2. Big Canyon Nature Park
3. Harbor View Nature Park
4. Castaways Park
5. Various City Owned Property (18 locations)
6. Labor and Haul rate for private and public properties not specified above (labor
rate per hour and haul rate per cubic foot/tightly packed debris)
In addition to City owned properties the Department also contracts weed
abatement work on private property. The Newport Beach Fire Department conducts an
annual weed abatement program beginning in April and concluding in July. This
program requires the property owner to abate or have abated any nuisances on their
property. If the property owner does not comply with the City's request to abate the
hazard within a prescribed time, the City will be asked to clear the property. Historically
there have been less than five lots annually that need clearing by the City.
2. General Cleaning Requirements
Regardless of what standard applies (UFC or UWI) all cuttings, trimmings, or
other debris shall be removed from lots, streets, parkways, or alleys. Sidewalks, curbs,
and gutters shall be cleaned of debris. All vegetation shall be cut close to the ground
with stubble not exceeding two inches (2 "), and if not chopped to a fine dust, it shall be
raked and hauled away. No strips or growth shall be left around the outer edges of
property or adjacent to fences, curbs, or sidewalks. Machine disking of vegetation is
not permitted without prior authorization.
w
C
a)
O
0
cn
a)
W
V
�
IL
w
c
�>
�o
0
0
O
Lu
2:
0
LL
0
V
w
O
�
fA
+�
Q
H
m
2
X
W
4)
�>
a)
U
`
V
00
4)
m
•C.1
v
.0
N
>
0
p
a1
r
M a
O—
O
O
N
m
la ce)
E M
a C
«~.
4)
C
UN
O
N 0
O
C
a)
a�
4)
6
a)
al ON`)
U
`)
d M
y�
O
>
N
p
O
M
5
� E r
7
i
Q
U
E
O
0 )
T
C
0 C-0
C N
0 7
UO
-0
«�y
O
U a)
+
C a)
E
p
4O )
d
>
N
0)
~
4O )
C
Q
4)
O
«O
O
O
O
O
a
CL
cn
O
V
O
E
0
E
E y
a
« a
fqU
U
Z
UUU
fq .y
m
U
LL
N
N
O
4)
rn
LL
LL
rn
LL
LL
LL
LL
>
>
0
O
a)
a) aa)
0
a)
c
a)
LL
O)
C
O
A=
�o
Z
C
N
O
i
N
C
C
C
>>1
Z
_
U
onm
CL
l'-
a
a
a0
N
�,
a)
m rn
n
a)
N
Y
oa
°
�O
�o
-
�
O
Y
a)
>
«.
Z
a1
Z
n)
m
N
a0
U
o
N
0
m
at)
aqC)
N
>+
a)
O
>,
O)
y
)
O
NC
—flT�a
O
p
3
a
y
la0
C N
M
-a
'ClE0
N
Ua/oa
r
V
ap
�
3L0
p)M
Cy h
) �
•_ �
�
�
006
p�fa
cn
0)
a
a
Za
Y
Q a
r- a
a,a=aaa
a
Q
H
00
2
X
W
w
C
d
E
O
U
!0 �
C
O
MU
Cn LL
a) O
E
z
o�
0
m
ai
>U
o
_
o
a
a)_
m
o r
g
c
m
0
o-
U
o
cw
a01i
c
-0 E
9
0 0
O
a)
N a)
a)
a)
-)
a)
m
« O
w
a)
-0 a)
b
c
E
>
p
O
c
a) N
a)
O a)
m
4)
>
O
C �.
m
>,
a)
r m
r
y
U�
N
O
)o
c.
°«N-
O
cn
N
m
�U
o�
�o
m E
DoE.
3 c
a)�
r
°c
0 r
N
O
c
c
I
c
a) _ a)
Z
y0
g
m
o
O
0
o
»�c
c
O
c �
O
w
U
«
c
O
a)
c
O
N
O)
a)
"
N
w cn c
c
E
a)
ac) C
m
E
Ni
O
a
a)
a)
N
a) Y
N�
r a)
rc
a)
E
� io
NEBo-
a)
—
i°
�
N >'5
a
n.
z
U
W
m v)
w
W
r m
U)
0
m0
r
r
U N
C
4t
4)
C
a)
N
w
w
U
m
.
U
U
r
U
a
U
LL
_�
LL
LL'
_M
LL
LL
_
>
O
O
LL
JOE`)
O
E
E
a)
a)
a)
>
R
a�
FL
a)
>,
c
c
f-
c
>,
m
o
U
al
a)
o
_
c
o
a01i
>
Q
LO
d
>
Q
a0)
c
O`
Q
a)
>
N
N
a)
C
m
o
E
Z
O
w
M
U
U
«.
O
4) Q
U c
c
4)
C
O
>
N
f/1 0
o
N
U
o
cl�
Q
U
v
o<
0)
4)
>
y
a)
>
j
M
Q
cn
N
O
O
O
a)
t�
Op
Er
«Ch
-0
2 r
cn
EN
��)
¢�)
.0
`a8�)��)
`vii)
Mk:)
��)
U)7-