HomeMy WebLinkAbout09 - Amendment No. One to Agreement for Landscape and Park ServicesJuly 26, 2016
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mike Pisani, Municipal Operations Director - 949-644-3055,
mpisani@newportbeachea.gov
PREPARED BY: Rachell Wilfert, Management Specialist,
rwilfertCa).newl2ortbeachca.gov
PHONE: 949-644-3010
TITLE: Approve Amendment No. One to Agreement with Walt Harper for
Landscape and Park Services
ABSTRACT:
Due to an increase of the volume of services to renovate and repair sports fields, the
Municipal Operations Department is requesting an amendment to increase the amount
to be expended for an on-call landscape services contractor.
RECOMMENDATION:
a) Determine that the 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 it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve Amendment No. One to the on-call maintenance/repair agreement with
Walt Harper for landscape and park services to increase the total amount not to
exceed by $60,000, and authorize the Mayor and City Clerk to sign the agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the appropriate accounts in the Municipal Operations and Recreation and
Senior Services Departments.
DISCUSSION:
The current on-call landscape services agreement with Walt Harper was executed on
November 30, 2015 for a total amount not to exceed $120,000. The agreement covers
services ranging from installing sod at parks to fertilizing, aerating and preparing sports
fields. The agreement is set to expire on October 30, 2016. Municipal Operations staff
recognizes repairs that need to be made to the parks and recreational fields in order to
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Approve Amendment No. One to Agreement with
Walt Harper for Landscape and Park Services
July 26, 2016
Page 2
maintain current activity levels; however, under the current agreement we are unable to
continue the repairs until the contract amount is increased. The repairs are performed
during scheduled downtime of the fields between sports seasons.
In developing the agreement, staff underestimated the amount of funding received from
"per player" fees and budgeted turf renovations to update and repair sports fields. The
sports leagues (baseball, softball, soccer, football, etc.) are required to pay the City $10
per player each season to fund field renovations. These fees equate to approximately
$75,000 annually, and provide funding to maintain the fields in a safe and attractive
condition. A breakdown of the source of the field renovation funds expended in the past
12 months is as follows:
Funding Source
Recreation Operating Budget
CIP Account
MOD Operating Budget
Per Player Fees
Total
Funds Expended
$ 2,700.00
$ 2,700.00
$ 43,400.00
$ 70,250.00
$ 119,050.00
When MOD identifies a project for renovation, staff contacts our landscape service
contractors, Park West Landscape, Mariposa Landscapes, and Walt Harper, to provide
a letter proposal or bid, in order to receive the most competitive price.
Walt Harper has a long history of working with City staff and many of the recreational
groups that utilize the sports fields. Municipal Operations Department is requesting an
amendment to increase compensation for the remaining term of the agreement with his
firm by $60,000. The increase in compensation aligns with the amount of funds already
available in the budget. It should be noted that MOD and Recreation and Senior
Services staff are currently preparing a new Request for Proposals for As -needed
Landscape and Park Services, which will be distributed shortly to qualified vendors. A
new agreement with the successful proposer will be executed in time for winter sports
field renovations.
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.
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Approve Amendment No. One to Agreement with
Walt Harper for Landscape and Park Services
July 26, 2016
Page 3
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 - Amendment No. One to Agreement with Walt Harper
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ATTACHMENT A
AMENDMENT NC. CNE TO
ON-CALL MAINIIENANC11IRIEPAIRI SERMICES AC RIEEMENT
WAIN WAIJII HARIRE R FOR
R
AS -NEEDED LANDSCARE AND PARK SERMICES
TFIS1 AMENDMENT NC. ONE TO ON-CALL MAINTEI\ANCE/REPAIR
SERVICES AGREEMENT ("Arriendment No. One") is made and eriiereid into as cif This
2611h day of July, 2C11 E (j" BflIE ctiV6 Date"), by and bEtweE n the CITY CR NEWPORT
BEACH, a Califerriia municipal corporation and charteri city Q"City';, and WALT
HARPER, a solE proclriEior I1"Ccntracior"), whosE address is 4088 TemEscal AvenuE,
Norcc, California 92860, and is made with reference tc the following:
RECIIIALS
A. C ri N ovE tuber 30, 2015, City and Cc ri11 ractc r e rilerEd into an On -Call
Maintenance/Repairi Services AgrEemient ("Agreement") tc engage Ccntracior to
pErlcrm on-call landscape maintenance and/on repair ser%iices fcr City ij"PrcjECV:.
B. The parties &SNE lc enler info This AmlElndment No. Crie to rEflEict an incrEasE in
the voh mE of Services, as prcvidE d in 1he AgrE ement, to increase the tciial
ciompensation, and lo update indeminificatic n language fremi That provided in 1he
Agreement.
NOW, THEREFC RIE, it is mutually agreed by and between ihE undersigned
partiE s as follow s:
COMPENSATION TC CONTRIACIIOR
Section 4.1 cf the Agreement is amiendEd in its Entirety and rEplacEcl wilh ihEi
following: "City shall pay Coniracter far the Sler%iices cin a time and expense riot-tc-
ExceEid basis in accondarice with the provisions ei this Election, the Letter Flrcpcsal, and
the Schedule cf Billing Rales ablached hereto as Exhibil 8 and inconperated herein by
rEfErence. Except as ctherwisE provided herein, rie rate &arigEs shall be made during
the teuimi ci this AgreEmierii wiihcut the prior written approval of City. Ccntractces
ccmipEnsaiicri fori all Services pErformEid in accordance with This AgreEmieril, including
all reimibursablE itEmis and subccntracftcr fees, shall not Exceed Cnei Hundreic EigHtyl
Thoiusar a Dellairs and 00/100 j$180,000.00], w itl- o L 1 prion w riltE n arn6ndmiE rii to 1h6
Agree mieinl ."
The total amErided cemipEnsaiicri rieflEcls Contractor's acditicnal comperisation
fan an increase in the vc lumie Cf SE rviCE S 110 be pe ric rmied in accordance with R is
Arriendmerii Ne. Cne, including all reimbLrsable itemis and subccriiractcr fees, in an
amicunt riot lo exceed Sixty THeusaind Dollars aind 00/100 1$60,000.00).
2. RIESRC h SIBILITM FOR DAMAGES CIRI INJURY
2.1 Secticn X1.1 of the AgreErrierii is amieridEd in its EntiriEiy and neplacEid with
the following: "City and, bol not IimitEld tc, all officeris, emplcyeEs and rEprEsentalivEs,
lice risers, IEisso ns, jc int -use participants, parties tc memoranda of undo rsiandirig
therecf, and all persons and Entities awning mi clherwise in IEgal ccrillrol of fte prepEdy
L pan which Corif ractor performs the Proje cif anc /or Servicies shall riot be responsible in
any manner for any loss or darriage to any of the materials or other things used or
employed in performing the Project or for injury to or deatl- of any person as a result of
Contractor's performance of the Services required hereL nder; or for darriage to property
from any cause arising from the perfonrriancie of tl- a Rroject and/ori Servicies by
Conlractor, or ifs SL bccintracfors, or its workers, or anyone employed by eilher of them."
2.2 Secf ion 9.2 of f he Agreement is amended in its a rif irety and re placed w if h
the following: "Contractor shall be responsible for any liability imposed by law and for
injuries to or dealh of any Terson or darriage lo properly resulting from defects,
cibstrLclions or from any cause arising from Contractor's Work on the Projeca and/or
Services, or the Work of any subcontractor or supplier selected by Corilractor."
2.3 Sect ion 9.3 of f he Agreement is amended in ils a rif irety and re placed w itr
the following: "To tre fulleal extent pErmitled by law, Conlractor shall indemnify, defend
and hold harmless City and, tut not limited to, its City Council, boards and
commissicins, officers, agents, volunteers, employees (independent contractors,
sports/activity/league personnel, and referees), and any person or erility owning or
cilherwiise in legal corillrol cif tlhe property L pon which Consultant performs the Rroject
andilor Servicers cerilemplated by this Agreerrierif (collectiveily, the "Indemnified Parties";
frcim and against any and all claims (including, without limitation, claims for bodily injL ry,
dealh or darriage to property), demands, obligations, damages, actions, causes of
actic n, suits, los;ies, juc grrients, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorneys' feces, dist urseme nts and ceiL r1 costs) of every
k ind and nature w r atsoeve r I1individL ally, a Claim; collectively, "Claims"), %H& & may
arise from cir in any manner relate (directly or indirectly; to any brea& of the Perms and
conditions of this Agreementl, any M6 performed or Services provided under this
Agreeiment including, without limitation, defects in woOrriariship or mallerials or
Contractor's preseirice or activities condLcted on ihei Rroject (iriCiLding tl-ei negligent
andilor willful acts, errors and/or omissions of Contractor, its principals, officers, agents,
employees, vendors, suppliers, consultants, subcontractors, anyone employed directly
or indirectly by any of the m or for whose acts They may be liable or any or all of them)."
3. INTEGRATED CC NTRACT
Except as expressly modified herein, all other prcvisions, terms, and coverianls
sell forir in the Agreeirrient shall remain unchanged and shall bei in full force and efllecl.
[SIC NAM RES C h NEXT PAG 81
Walt F arpe r Rage 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO N Y'S OFFICE
Date:
By:
Aaron C. Harp LAM 0110 IV
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Cleric
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONTRACTOR:
proprietor
Date:
By:
Walt Harper, a sole
Walt Harper
Sale Proprietor/ Owner
[END OF SIGNATURES]
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