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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. 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