HomeMy WebLinkAbout11 - Amendment to Agreement with Barron Hurlbut dba Southland Landscape MaintenanceTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
July 9, 2019
Agenda Item No. 11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Pekar, Landscape Manager
kpekar(a)_newportbeachca.gov
PHONE: 949-644-3197
TITLE: Amendment No. Three to Maintenance Repair Services Agreement
with Barron Hurlbut dba Southland Landscape Maintenance
ABSTRACT:
The City is finishing up a contract with Barron Hurlbut dba Southland Landscape
Maintenance ( Southland ) to perform weed abatement services including preventative
and as -needed vegetation removal at 36 locations for fire hazard reduction and erosion
protection. The original not -to -exceed amount has now been exhausted due to
unanticipated additional work and additional contract authority is needed to close out this
contract.
RECOMMENDATION:
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;
and
b) Approve Amendment No. Three to the Maintenance Services Agreement with Barron
Hurlbut dba Southland Landscape Maintenance and Installation for Weed Abatement
Service to increase the not -to -exceed amount by $50,850 for a total not -to -exceed
amount of $1,043,000, and authorize the Mayor and City Clerk to execute the
amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the Hazard Mitigation account (Parks and Trees section) in the Public Works
Department, 0109031-841055.
Amendment No. Three to Maintenance Repair Services Agreement with Barron Hurlbut
dba Southland Landscape Maintenance
July 9, 2019
Page 2
DISCUSSION:
Following a competitive bidding process in 2014, the City entered into a five-year
agreement with Barron Hurlbut DBA "Southland Landscape Maintenance and Installation"
to perform weed abatement services. These services include preventative and
as -needed vegetation removal for both fire hazard reduction and erosion protection at
various City -owned properties. This brush removal process is performed mechanically
and manually and does not involve the use of pesticides. This agreement was set to
expire June 30, 2019, so City staff sent out a Request for Proposals (RFP) in January
which resulted in an award of a new contract for preventative and as -needed vegetation
removal to Nature's Image, Inc. at the April 23, 2019 City Council Meeting.
Storms in February 2019 and resulting follow-up work caused an increase in work
required of Southland and using up a lot of their remaining contract authority. While the
City is currently applying to CaIOES for California Disaster Assistance Act Funding
(CDAA) for reimbursement of some storm related costs (approximately $30,000), the
not -to -exceed amount in Southland's contract has been adversely impacted. Additionally,
with a large amount of rainfall this winter season, there is more weed growth than normal
and thus more reliance was placed on Southland to perform necessary vegetation work.
In addition to Public Works, both the Fire Department and the Utilities Department also
utilize this contract. These departments have experienced an increase in work and
corresponding use of this contract as well. The Fire Department added new areas this
year requiring weed abatement in Upper and Middle Buck Gully. The Fire Department
also recently required hazard reduction work on Poppy Avenue to remove weeds and
shrubs along the Nature Park pathway and within 100 feet of the Club House property
line, in order to mitigate potential fire hazards. The Utilities Department experienced an
increase in V -ditch maintenance in Cameo Highlands and an increase in debris removal,
due to the aforementioned severe winter storms, for the drainage structure below Fifth
and Poppy Avenues in Buck Gully.
While staff has now switched this vegetation removal service fully over to Nature's Image,
during the transition between the existing agreement with Southland and the new
agreement with Nature's Image, Southland was requested to perform additional
necessary work by other departments as described above which caused them to
inadvertently exceed their current contract limit. To remedy this, staff recommends City
Council approve Amendment No. Three with Southland Landscape Maintenance to
change the term limit to September 1, 2019 and raise the not -to -exceed amount by
$50,850 for a total amount not -to -exceed limit of $1,043,000, and authorize the Mayor
and City Clerk to execute the amendment.
11-2
Amendment No. Three to Maintenance Repair Services Agreement with Barron Hurlbut
dba Southland Landscape Maintenance
July 9, 2019
Page 3
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).
ATTACHMENT:
Attachment A —Amendment No. Three to Maintenance/Repair Services Agreement with
Barron Hurlbut dba Southland Landscape Maintenance
11-3
ATTACHMENT A
AMENDMENT NO. THREE TO
MAINTENANCE SERVICES AGREEMENT
WITH BARRON HURLBUT DBA SOUTHLAND LANDSCAPE MAINTENANCE
FOR WEED ABATEMENT SERVICE
THIS AMENDMENT NO. THREE TO MAINTENANCE SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 9th day of July, 2019
("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, ("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 Contractor entered into a Maintenance Services
Agreement ("Agreement") to engage Contractor to perform annual preventative
and as—needed clearance trimming, erosion protection, hazard reduction and
weed abatement services throughout the City ("Project").
B. On August 21, 2014, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
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 Agreement did not include services for the 62 lots
identified as Middle Buck Gully and was corrected.
C. On February 1, 2018, City and Contractor entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to increase the total compensation because
of the increase of on- call services needed due to the 2017 storms. This amount
was unknown at the time of entering the Agreement or Amendment No. One.
D. The parties desire to enter into this Amendment No. Three to extend the term of
the Agreement to September 1, 2019, to increase the total compensation, and to
update terms of the Agreement regarding City's Project Administrator, conflict of
interest, notice, claims and labor and prevailing wage provisions.
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 September 1, 2019, unless terminated earlier as set forth herein."
2. 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
Barron Hurlbut dba Southland Landscape Maintenance Page 1 11-4
basis in accordance with the provisions of this Section and the Letter Proposal and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Million Forty Three Thousand Dollars and
001100 ($1,043,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty
Thousand Eight Hundred Fifty Dollars and 001100 ($50,850.00).
3. ADMINISTRATION
Section 6 of the Agreement shall be amended in its entirety and replaced with the
following: "This Agreement will be administered by the Public Works. City's Landscape
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement."
Ia41:"&K01aI.119:4V* 9
Section 22 of the Agreement shall be amended in its entirety and replaced with the
following:
"22.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
22.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. 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."
5. NOTICES
Section 23.2 of the Agreement is amended in its entirety and replaced with the
following:
"23.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Landscape Manager
Public Works
City of Newport Beach
Barron Hurlbut dba Southland Landscape Maintenance Page 2 11-5
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658"
6. CLAIMS
Section 24 of the Agreement is amended in its entirety and replaced with the
following:
"24.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final requestfor payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claim filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
24.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.)."
7. LABOR AND PREVAIILING WAGE REQUIREMENT
A Section 28 is hereby added to the Agreement as follows:
"28.1 Contractor shall comply with all applicable provisions of State and Federal
law including, applicable provisions of California Labor Code, and the Federal Fair Labor
Standards Act.
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give notice to City, including all relevant information.
28.3 This agreement shall be paid in accordance with Section 1770 of the
California State Labor Code and in accordance with the tenus of the Southern California
Master Labor Agreement, which has established a prevailing rate of per diem wages to
be paid in the performance of this agreement. The Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the agreement. A copy of said determination is available by calling the
Barron Hurlbut dba Southland Landscape Maintenance Page 3 11-6
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. All parties to the agreement shall be governed by all provisions of
the California Labor Code Relating to prevailing wage rates (Sections 1770-7981,
inclusive)."
8. 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]
Barron Hurlbut dba Southland Landscape Maintenance Page 4 11-7
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO� NEY'S OFFICE
Date:
By: (a
4.,�.Ge.l.�w
E
,,,.,Aaron C. Harp
City Attorney O
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONTRACTOR: BARRON HURLBUT, a
sole proprietor doing business as ("DBA")
SOUTHLAND LANDSCAPE
MAINTENANCE
Date:
By:
Barron Hurlbut
Sole Proprietor
[END OF SIGNATURES]
Barron Hurlbut dba Southland Landscape Maintenance Page 5 11-8