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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 9-1 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. 9-2 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 9-3 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 9-5 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] Walt Harper Page 3 Nn