HomeMy WebLinkAbout10 - Maintenance for Weed AbatementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No, 10
July 28, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 - 644 -3055
mharmon @city.newport - beach.ca.us
SUBJECT: Professional Service Agreement With Southland Landscape
Maintenance For Weed Abatement
ISSUES:
Should the City execute a Professional Services Agreement with Southland
Landscape Maintenance of Costa Mesa for weed abatement services?
RECOMMENDATION:
Approve the agreement with Southland Landscape Maintenance for weed
abatement services at various City -owned properties.
DISCUSSION:
Since 1999 the General Services and Fire Departments have worked in conjunction
to administer the contract with Southland Landscape Maintenance for weed
abatement program. This program currently involves the clearing of weeds and
combustible vegetation at thirty -seven (37) City - owned properties encompassing
approximately 78 acres and side trimming of over 7 miles. The number of properties
has grown over the past few years as the City has acquired various undeveloped
parcels such as the Sunset Ridge Park site and the triangular- shaped area bordered
by Jamboree Road, MacArthur Boulevard, and State Route 73. At a minimum, these
sites require brush clearance on an annual basis, while some parcels require semi-
annual clearing. In addition, the contractor is also used for the clearance of privately -
owned properties that are not in compliance with the City's hazard reduction
regulations. New parcels may be identified and added to the program as necessary
throughout the year.
Agreement with Southland Landscape
Maintenance for Weed Abatement
July 28, 2009
Page 2
Southland Landscape Maintenance has been the primary weed abatement
contractor for the Fire Department for the last ten years. The Fire Department directs
the weed abatement process by designating areas that require abatement,
identifying the specific plant species to be removed, and completing the final
inspection once the work has concluded. The contractor's knowledge and expertise
of the City's geography (an assortment of slopes, canyons, and culverts) and the
City's code requirements enables Southland Landscape Maintenance 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.
Therefore, an agreement with Southland Landscape Maintenance is submitted for
Council approval. The term of the agreement is for two (2) years and shall be
automatically extended for three (3) additional one (1) year terms upon agreement of
both parties. This agreement includes an annual rate adjustment based in proportion
to changes in the Consumer Price Index of a maximum of 4.0% after each 12 month
period.
FUNDING:
There are adequate funds in General Services 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.
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
Prepared by:
Ma rice Tu er
Administrative Analyst
Reviewed by:
Submitted
Mark Harmon/ i
General Services Director
Submitted by:
Steve Bunting c7l — Steve-Lewis
Fire Marshal Fire Chief
Attachment: (1) Professional Services Agreement with Southland Landscape
Maintenance for Weed Abatement
PROFESSIONAL SERVICES AGREEMENT WITH
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION
FOR WEED ABATEMENT
THIS AGREEMENT is made and entered into as of this _ day of July, 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
Barron Hurlbut DBA Southland Landscape Maintenance and Installation, a Sole
Proprietor whose address is P.O_ Box 11437 Costa Mesa, California, 92627
( "Contractor "), and is made with reference to the following:
Nxylt10161
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 requires weed abatement services for 37 City -owned properties and on -call
weed abatement services for private properties as determined by the Fire
Marshal in accordance with Newport Beach Municipal Code chapter 10.48.
C. City desires to engage Contractor to provide weed abatement services
(`Project').
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project, shall be Barron
Hurlbut.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth 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 commence on the above written date, and shall
terminate on the 30`h day of June, 2012, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Contractor to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due
to causes beyond Contractor's 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.
3.1 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 that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Contractor's
control.
3.2 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.
4. COMPENSATION TO CONTRACTOR
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.
Contractor's compensation for all weed abatement services for City property
performed in accordance with this Agreement, including all reimbursable items
and sub - contractor fees, shall not exceed One - Hundred Thirty -eight Thousand
Eight Hundred Dollars and no /100 ($138,800) per year 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.
All work performed for on -call abatement services shall be billed on an hourly
and weight basis in accordance with the billing rates attached hereto as Exhibit B
upon written or verbal request from the Project Administrator; Contractor shall
provide a letter proposal for services requested by the City (hereinafter referred
to as the "Letter Proposal "). No services shall be provided until the Project
Administrator has provided written acceptance of the Utter Proposal. Once
authorized to proceed, Contractor shall diligently perform the duties in the
approved Letter Proposal.
4.1 Contractor shall submit monthly invoices to City describing the work
performed the preceding month. Contractor's bills shall include the name
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of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Contractor no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Contractor only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Contractor:
A. The actual costs of subContractors for performance of any of the
services that Contractor agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Contractor in the
performance of this Agreement.
4.3 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Contractor shall designate 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 Agreement term. Contractor has designated BARRON
HURLBUT to be its Project Manager. Contractor shall not remove or reassign
the Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
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.
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6. ADMINISTRATION
This Agreement will be administered by the General Services Department.
DAN SERENO shall be 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.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Contractor, one copy . of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Contractor's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 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 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. By
delivery of completed work, Contractor certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Contractor to practice its
profession. Contractor shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 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
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to furnish timely information or to approve or disapprove Contractor's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
Contractors, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or 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 approval
for Contractor or any of Contractor's employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over
the means of performing the work, provided that Contractor is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Contractor as to the details of the performance or to
exercise a measure of control over Contractor shall mean only that Contractor
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
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Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
i :Z9IHN *V
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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Without limiting Contractor's indemnification of City, and prior to commencement
of work. Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. 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
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
ON
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
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iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractor's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Contractor, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Contractor. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
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Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement,. shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Contractor will be at City's sole risk and without liability to
Contractor. Further, any and all liability arising out of changes made to
Contractor's deliverables under this Agreement by City or persons other than
Contractor is waived against Contractor and City assumes full responsibility for
such changes unless City has given Contractor prior notice and has received
from Contractor written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Contractor's drawings and
specifications provided under this Agreement.
20. 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 and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular 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 to Contractor under this
Agreement.
21. WITHHOLDINGS
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City may withhold payment to Contractor 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 /her designee
with respect to such disputed sums. Contractor shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional design, construction and /or
restoration expense shall be bome by Contractor. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
24. CONFLICTS OF INTEREST
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 any 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.
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 immediate
termination of this Agreement by City. Contractor shall indemnify and hold
harmless City for any and all claims for damages resulting from Contractor's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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:
11111
Attention: Dan Sereno
General Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3055
Fax: 949 - 650 -0747
All notices, demands, requests or approvals from CITY to Contractor shall be
addressed to Contractor at:
Attention: Barron Hurlbut
Southland Landscape Maintenance and Installation
P.O. Box 11437
Costa Mesa, CA 92627
Phone: 949 - 515 -4588
Fax: 949 -515 -5733
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
27. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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28. 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.
29. 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.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
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Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
V6nette-B.-139f uchamp
Assistant Cit Attomey
ATTEST:
Leilani Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A Municipal Corporation
Bv:
Edward D. Selich
Mayor
CONTRACTOR:
By:
(Corporate Officer)
Principal
Barron Hurlbut
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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EXHIBIT A
SCOPE OF SERVICES
1. Nature of Work
Currently there are thirty -seven (37) City -owned properties that require annual weed
abatement maintenance. The lots range in size and also vary in the type and density of
vegetation; however, the majority of the weed maintenance involves the cutting and
removing of light grasses. The lots will be maintained according to one of the following
standards:
1.
Clearance Trimming
2.
Erosion Protection
3.
Hazard Reduction
4.
Weed Abatement
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.
Also provided with this document is a list of properties including general comments, a
corresponding map book, and copies of the applicable standards.
2. General Cleaning Requirements
Regardless of which standard applies 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.
14
EXHIBIT B
SCHEDULE OF BILLING RATES
Site Standard Comments
Amount
Various City -owned
Properties
-
2004 Agreement - Exhibit A - Scope of
Services (Updated Standards
$9,800
Back Bay Road
C
Tree Pruning, Clearance Trimming, Street
Sweeper Access; Hand tools only; Includes
a portion of the trimming along San
Joaquin; City-provided bins; Maximum 4
$9,700
Bonita Creek Park
Service Road
C
Clearance trimming
$2,200
Harbor Cove Fire Access
Road and Trail
C
Clearance trimming
$8,200
Jamboree and Bayview
Way
C
$875
Fletcher Jones Bike Trail
C
Initial 250 feet
$1,875
Santa Ana Avenue
E
Erosion protection and removal
$6,300
China Cove
E
Erosion protection and removal
$4,800
Big Canyon Nature Park
H
City-provided bins; Maximum 10
$13,000
Spyglass Canyon Park
H
$9,800
Valley Acreage (Near
Spyglass Canyon Park )
H
Including property behind the Seaview
Community
$6,600
Lower Buck Gull
H
$4,700
Middle Buck Gully
H
City-provided bins; 4 lots per bin
$890 /lot
Harbor View Nature Park
W
$9,800
Sunset Ride Park
W
$3,775
Coast Highway
(Roadside east of
Pelican Point
W
$945
Cliff Drive Nature Park
W
Avoid California Native Plant
$6,600
Bonita Canyon and
University Bridge
W
Trimming
$1,900
Newport Dunes Slope
Below Coast Highway)
W
$1,575
Fernleaf Ram
W
$985
Jamboree and MacArthur
new area
W
$3,200
Hillside Area Along Coast
Highway (North of Back
Bay View Park
W
$6,300
New City Hall Site
W
$5,500
Labor Rate
Private and public properties not specified
above
$28 /hour
_
Haul Rate
Tightly- packed debris
$35/ and
• (C)
Clearance Trimming
• (E)
Erosion Protection
• (H)
Hazard Reduction
• (W)
Weed Abatement
15
2004 Agreement - Exhibit A - Scope of Services (Updated Standards)
Site Standard Comments
South side of Bayside at
W
Steep hill needed for street support - Clear left side,
Carnation and along
right side is City's responsibility.
Femleaf
Newport Dunes bike path
W
Bicycle trails stem
Kings Road (1801 &1811
W
City Park
Kings Rd.
Avon alley
W
From dead end of Avon Street to just short of
Riverside Ave
Iris easement
W
Utilities easement
Mariners Drive cul -de-
W
Hillside and rear of 930 Mariners Drive
sac
19th Street and Balboa
W
Slope alongside 19 Street and Balboa Blvd
Blvd
Carnation at Bayside
W
At the slope of Begonia Park. Small area of City
to the side of 2340 & 2333 Pacific Drive
San Miguel Drive at Big
W
_property
Canyon Reservoir
15th Street and Monrovia
W
Easement alongside of Seacliffe Mobile Home Park
Ave
Across the street from
W
2315 Holly Lane
Balboa Blvd. and 39th
W
Comer section at alley and along Balboa Blvd
Street
Jamboree Roadside
W
Eastbluff Drive apron from Jamboree Road to the 40
Apron and Bike Trail
mph speed limit sign and Jamboree Road apron and
along bike trail
Santa Ana Ave (South
W
Between Old Newport Blvd and Cliff Drive.
side of roadwa
Slope maintenance
Balboa Blvd. Roadside
W
Small section north of 4410 Balboa Blvd
between Channel Place
& River
University Drive at Irvine
W
Easement on south side to the end of University Drive
Ave
and on north side in front of the YMCA
Mesa Drive (east of
W
Both sides of Mesa Drive
Irvine Avenue
Spyglass Roadside
W
Upper Big Canyon
"Immediate Apron Area"
• (W) Weed Abatement
16