HomeMy WebLinkAboutC-3494 - MSA for Weed Abatement ServicesAMENDMENT NO. THREE TO
MAINTENANCE SERVICES AGREEMENT
' WITH BARRON HURLBUT DBA SOUTHLAND LANDSCAPE MAINTENANCE
V 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
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
00/100 ($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 00/100 ($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."
4. CONFLICTS OF INTEREST
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 seq., 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
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 request for 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 claims 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
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.
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Barron Hurlbut dba Southland Landscape Maintenance Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date-.—
By:
ate:By:
fit; Aaron C. Harp \��q
City Attorney �C
ATTEST-
Date-.—
By-
TTEST:Date:
By: &'4�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By.
Digne B. Dixon
Mayor
CONTRACTOR: BARRON HURLBUT, a
sole proprietor doing business as ("DBA")
SOUTHLAND LANDSCAPE
MAINDate, CSE
Date:
ByL�
Barron Hurlbut
Sole Proprietor
[END OF SIGNATURES]
Barron Hurlbut dba Southland Landscape Maintenance Page 5
T'
a-'
3-.
M AMENDMENT NO. TWO TO
V MAINTENANCE SERVICES AGREEMENT WITH BARRON HURLBUT DBA
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION
FOR WEED ABATEMENT SERVICE
THIS AMENDMENT NO. TWO TO MAINTENANCE SERVICES AGREEMENT
("Amendment No. 2") is made and entered into as of this 1st day of February, 2018
("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 AND
INSTALLATION, ("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") for weed abatement services ("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.
C. The parties desire to enter into this 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.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant 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. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Nine Hundred Ninety Two
Thousand One Hundred Fifty Dollars and 001100 ($992,150.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Twenty Thousand Dollars and 001100 ($120,000.00).
2. 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.
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Barron Hurlbut DBA Southland Landscape Maintenance and Installation Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
IS
City
ATTEST:
Date: Sri• g
i& I
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 3`�`��,
By: zt � s�.-t_
Dave-T<iff
City Manager
CONSULTANT: BARRON HURLBUT, a
sole proprietor doing business as ("DBA")
SOUTHLAND LANDSCAPE
MAINTEN CE AVD INSTALLATION
Date:-,D,2ca'
By:��- /
Barron Hurlburt
Owner
[END OF SIGNATURES]
Barron Hurlbut DBA Southland Landscape Maintenance and Installation Page 3
cam`
AMENDMENT NO. ONE TO
MAINTENANCE SERVICES AGREEMENT WITH
BARRON HURLBUT DBA SOUTHLAND LANDSCAPE MAINTENANCE AND
INSTALLATION FOR WEED ABATEMENT SERVICES
THIS AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT
("Agreement") is made and entered into as of this 21st day of August, 2014 ("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 AND INSTALLA-
TION ("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 Consultant entered into a Maintenance Services
Agreement ("Agreement") for weed abatement services ("Project").
B. City desires to enter into this Amendment No. One to reflect additional Services
not 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 June 11, 2014 Agreement does not include
services for the 62 lots identified as Middle Buck Gully and should be corrected.
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 June 30, 2019, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit A to Amendment No.
One shall collectively be known as "Exhibit A."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant 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 A and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eight
Hundred Seventy Two Thousand One Hundred Fifty Dollars and 00/100
($872,150.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Forty Seven Thousand One Hundred Fifty Dollars and 001100
($147,150.00).
3. 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.
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Southland Landscape Maintenance and Installation Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATM R EY'S OFFICE
Date:
By:
Aaron C. Harp cAm glzAl
City Attorney
ATTEST: la n I / r
Date: j
By: Ax, I V u'
Leilani I. Brown
City Cler
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: , t 4
2aLQ'o By:
Rush N. Hill, II
Mayor
CONTRACTOR: Barron Hurlbut, a sole
proprietor, DBA Southland Landscape
Maintenance and Installation
Date:
By:�i
Barron Hurlbut
Owner
[END OF SIGNATURES]
Attachments: Exhibit A — Schedule of Billing Rates
Southland Landscape Maintenance and Installation Page 3
EXHIBIT A
SCHEDULE OF BILLING RATES
Southland Landscape Maintenance and Installation Page A-1
SCHEDULE OF BILLING RATES
A. Annual Services
Site #
Site Description
Work Type
Standard
Annual Cost
1
15th Street and Monrovia Ave
W
CFC
$570.00
2
19th Street and Balboa Blvd
W
CFC
$2100.00
3
2315 Holly Lane
W
CFC
$175.00
$625.00
4
Avon Street Alley
W
CFC
$9720.00
5
Back Bay Road
C
WUI
6
Balboa Blvd and 39th Street
W
CFC
$75.00
$75.00
7
Balboa Blvd Roadside between Channel Place &
W
CFC
River
$11,270.00
8
Big Canyon Nature Park
H
_
$1,220.00
9
Bonita Canyon and University Bridge
W
CFC
10
Bonita Creek Park Service Road
C
WUI
$2,125.00
11
Buck Gully (Lower)
H
$1,725.00
12
Buck Gully (Middle)
H
_
$55,180.00
13
Cliff Drive Nature Park
W
CFC
$5,600.00
14
Coast Highway (Roadside east of Pelican Point)
W
CFC
$920.00
$870.00
15
Fernleaf Ramp
W
CFC
$1,070.00
16
Fletcher Jones Bike Trail
C
WUI
17
Harbor Cove Fire Access Road and Trail
C
WUI
$6,025.00
18
Harbor View Nature Park
W
CFC
$8,725.00
19
Hillside Area Along Coast Highway (North of Back
W
CFC
$2.900.00
Bay View Park)
$475.00
20
Iris easement
W
CFC
$820.00
21
Jamboree and Bayview Way
C
WUI
22
Jamboree and MacArthur (new area)
W
CFC
$2,370.00
Site #
Site Description
Work Type
Standard
Annual Cost
23
Jamboree Roadside Apron and Bike Trail
W
CFC
$1,320.00
24
Kings Road (1801 &1811 Kings Rd)
W
CFC
$320.00
25
Mariners Drive cul-de-sac
W
CFC
$1,525.00
26
Mesa Drive (east of Irvine Avenue)
W
CFC
$925.00
27
Newport Dunes bike path
W
CFC
$1,090.00
28
Newport Dunes Slope (Below Coast Highway)
W
CFC
$1,070.00
29
San Miguel Drive at Big Canyon Reservoir
W
CFC
$570.00
30
Santa Ana Ave
E
$820.00
31
Santa Ana Ave (South side of roadway)
W
CFC
$370.00
32
South side of Bayside at Carnation and along
W
CFC
$290.00
Fernleaf
33
Spyglass Canyon Park
H
$8,700.00
34
Spyglass Roadside
W
CFC
$390.00
35
University Drive at Irvine Ave
W
CFC
$670.00
36
Valley Acreage (Near Spyglass Canyon Park)
H
$4,200.00
(C) Clearance Trimming, (E) Erosion Protection, (H) Hazard Reduction, (W) Weed Abatement
(CFC) 2013 California Fire Code (CFC), Section 304.1.2, (WUI) City of Newport Beach Wildland Urban Interface Area
Standard for Hazard Reduction
MAINTENANCE SERVICES AGREEMENT
WITH BARRON HURLBUT
DBA SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION FOR
WEED ABATEMENT SERVICES
THIS MAINTENANCE SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 11th day of June, 2014 ("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 AND INSTALLATION ("Contractor"), whose address is
P.O. Box 11437 Costa Mesa, CA 92627, and 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 desires to engage Contractor to perform annual preventative and as -needed
clearance trimming, erosion protection, hazard reduction and weed abatement
services throughout the City ("Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified 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 Effective Date, and shall
terminate on June 30, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work'). As a material inducement to City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
Contractor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
standards' shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) 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.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 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 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 Seven Hundred Twenty Five Thousand
Dollars and 001100 ($725,000.00), inclusive of the annual adjustments to the billing
rates in accordance with the Consumer Price Index as detailed in Section 4.2 below,
without prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B
("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index,
subject to the maximum adjustment set forth below. Such adjustment shall be made by
multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months preceding
the calendar month for which such adjustment is to be made, and the denominator of
which is the value of the Consumer Price Index for the same calendar month
Southland Landscape Maintenance and Installation Page 2
immediately prior to Effective Date. The Consumer Price Index to be used in such
calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban
Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics. If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the Billing
Rates in effect immediately preceding such adjustment. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed two and one half percent (2.5%) of the Billing Rates in effect
immediately preceding such adjustment.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee 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) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal, or
specifically approved in writing in advance by City.
4.5 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 Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 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.
5.2 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.
Southland Landscape Maintenance and Installation Page 3
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Parks & Trees Superintendent 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.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to 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.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A, if
any, in performing Services under this Agreement. Any deviation from the materials
described in Exhibit A shall not be installed or utilized unless approved in advance and
in writing by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by 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 industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and 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.
8.4 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, acts of God, or the failure of City 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. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
Southland Landscape Maintenance and Installation Page 4
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 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,
attorneys' 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, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 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 attorneys' 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
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
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
Southland Landscape Maintenance and Installation Page 5
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. 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 of the Work 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
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 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.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator 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.
14. INSURANCE
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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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 or joint -
venture.
Southland Landscape Maintenance and Installation Page 6
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval 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 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.
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 expressly authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services 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.
20. WITHHOLDINGS
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
Southland Landscape Maintenance and Installation Page 7
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.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 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.
22.2 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.
23. NOTICES
23.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
23.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Parks & Trees Superintendent
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Barron Hurlbut
Southland Landscape Maintenance and Installation
P.O. Box 11437
Costa Mesa, CA 92627
Southland Landscape Maintenance and Installation Page 8
24. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for 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 claims 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.).
WE 0 q. TO ►: • 2
25.1 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.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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.
26.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seq.).
26.2 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 written notice to City, and provide all relevant
information.
26.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
Southland Landscape Maintenance and Installation Page 9
26.4 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 from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
27.2 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.
27.3 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.
27.4 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.
27.5 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.
27.6 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.
27.7 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.
27.8 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.
27.9 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
Southland Landscape Maintenance and Installation Page 10
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10 Equal Opportunity Employment. 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, age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Southland Landscape Maintenance and Installation Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: -3-11
By: ) /)A, / U ()(A j�O
Aaron C. H rp
City Attorney
ATTEST:
Date: 6 • �J
By:
&/Vv."--
Leilani I. Brow .
City Clerk "'•� 0-1
4
L
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ro.
By:
Rush N. Hill, II
Mayor
CONTRACTOR: Barron Hurlbut, a sole
proprietor, DBA Southland Landscape
Maintenan a and Installation
Date: / j
B
( -
Barron FKrIbut
Owner
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Southland Landscape Maintenance and Installation Page 12
EXHIBIT A
SCOPE OF SERVICES
• DESCRIPTION OF PROJECT
o Furnish all labor, equipment, materials, and supervision to provide annual
preventative and as -needed clearance trimming, erosion protection,
hazard reduction, and weed abatement at thirty-six (36) locations
throughout the City of Newport Beach.
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 4:00
p.m., Monday through Friday.
® LEVEL OF MAINTENANCE
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time
as deemed necessary by the City for the proper maintenance of the sites.
o If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications
set forth within this document and providing no other arrangements have
been made between the Contractor and the City. Failure to notify of a
change and/or failure to perform an item or work on a scheduled day may,
at the City's sole discretion, result in deduction of payment for that date,
week, or month. Payment will be retained for work not performed until
such time as the work is performed to City standard.
o The Contractor is required to correct deficiencies within the time specified
by the City. If noted deficient work has not been completed, payment for
subject deficiency shall be withheld and shall continue to be withheld until
deficiency is corrected, without right to retroactive payments.
o The Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable
equipment and all utility and transportation services necessary for the
Project.
• SUPERVISION OF CONTRACT
o All Work shall meet with the approval of the Project Administrator. Any
specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the
Southland Landscape Maintenance and Installation Page A-1
Contractor and if not corrected, payment to the Contractor will not be
made until condition is corrected in a satisfactory manner as set forth in
the specifications.
• MAINTENANCE STANDARDS
o Contractor shall be responsible for completing one or more of the following
types of work on a per -location basis:
• Clearance Trimming
• Erosion Protection
■ Hazard Reduction
• Weed Abatement
o Contractor shall be responsible for completing work to one of the following
standards on a per -location basis:
• Weed Abatement according to 2013 California Fire Code (CFC),
Section 304.1.2
• Clearance Trimming according to City of Newport Beach Wildland
Urban Interface Area Standard for Hazard Reduction
o 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
PREVENTATIVE MAINTENANCE
o Contractor shall provide the City with an annual preventative maintenance
schedule detailing work standard to be applied at each location and
estimated completion date prior to the start of the work.
o City reserves the right to add or delete locations as deemed necessary. I n
the event of adding a location to the Scope of Work, the City shall provide
the Contractor with the location details and request an annual preventative
maintenance cost based on the approved maintenance standard. The
Contractor will provide the annual cost in writing to the Project
Administrator. No Work shall be performed on the new location until the
cost is approved by the Project Administrator. If a location is removed
from the schedule, the total annual preventative maintenance cost will be
updated to reflect the reduction in service.
Southland Landscape Maintenance and Installation Page A-2
o City reserves the right to modify maintenance standards as deemed
necessary. In the event of a modification of the maintenance standard,
the City shall provide the Contractor with notice of the updated
maintenance standard in writing. The Contractor may provide a proposed
updated annual cost in writing to the Project Administrator for
consideration. No Work shall be performed based on the updated
maintenance standard until the cost is approved by the Project
Administrator and a written amendment to the Agreement is entered.
• AS -NEEDED MAINTENANCE
o When the need for Services on private or public property arises, the City
shall request in writing, the necessary Services required in adequate
detail. Contractor shall then provide a letter proposal for Services
requested by the City (hereinafter referred to as the "Letter Proposal').
The Letter Proposal shall include the following:
• A detailed description of the Services to be provided and work
standard to be applied;
• The estimated number of hours and cost to complete the Services;
and
■ The time needed to finish the specific Project.
• City will assess the Letter Proposal to ensure that Services and
costs proposed are commensurate with those included in the
Schedule of Billing Rates included in Exhibit B to the Agreement.
No Services shall be provided until the City has provided written
acceptance of the Letter Proposal. Once authorized to proceed,
Contractor shall diligently perform the duties in the approved Letter
Proposal.
Southland Landscape Maintenance and installation Page,4 3
SCHEDULE OF BILLING RATES
A. Annual Services
Site #
Site Description
Work Type
Standard
Annual Cost
1
15th Street and Monrovia Ave
W
CFC
$570.00
2
19th Street and Balboa Blvd
W
CFC
$2,100.00
$175.00
3
2315 Holly Lane
W
CFC
4
Avon Street Alley
W
CFC
$625.00
$9720.00
5
Back Bay Road
C
WUI
$75.00
6
Balboa Blvd and 39th Street
W
CFC
7
Balboa Blvd Roadside between Channel
W
CFC
$75.00
Place & River
$11,270.00
8
Big Canyon Nature Park
H
9
Bonita Canyon and University Bridge
W
CFC
$1,220.00
10
Bonita Creek Park Service Road
C
WUI
$2,125.00
11
Buck Gully (Lower)
H
$1,725.00
13
Cliff Drive Nature Park
W
CFC
$5,600.00
14
Coast Highway (Roadside east of Pelican
W
CFC
$920.00
Point)
$870.00
15
Fernleaf Ramp
W
CFC
$1,070.00
16
Fletcher Jones Bike Trail
C
WUI
17
Harbor Cove Fire Access Road and Trail
C
WUI
$6,025.00
$8,725.00
18
Harbor View Nature Park
W
CFC
Southland Landscape Maintenance and Installation Page B-1
Site #
Site Description
Work Type
Standard
Annual Cost
19
Hillside Area Along Coast Highway (North
W
CFC
$2,900.00
of Back Bay View Park)
20
Iris easement
W
CFC
$475.00
21
Jamboree and Bayview Way
C
WUI
$820.00
22
Jamboree and MacArthur (new area)
W
CFC
$2.370.00
23
Jamboree Roadside Apron and Bike Trail
W
CFC
$1,320.00
24
Kings Road (1801 &1811 Kings Rd)
W
CFC
$320.00
25
Mariners Drive cul-de-sac
W
CFC
$1,525.00
26
Mesa Drive (east of Irvine Avenue)
W
CFC
$925.00
27
Newport Dunes bike path
W
CFC
$1,090.00
28
Newport Dunes Slope (Below Coast
W
CFC
$1,070.00
Highway)
29
San Miguel Drive at Big Canyon Reservoir
W
CFC
$570.00
30
Santa Ana Ave
E
$820.00
31
Santa Ana Ave (South side of roadway)
W
CFC
$370.00
32
South side of Bayside at Carnation and
W
CFC
$290.00
along Fernleaf
33
Spyglass Canyon Park
H
$8,700.00
34
Spyglass Roadside
W
CFC
$390.00
35
University Drive at Irvine Ave
W
CFC
$670.00
36
Valley Acreage (Near Spyglass Canyon
H
$4,200.00
Park)
(C) Clearance Trimming, (E) Erosion Protection, (H) Hazard Reduction, (W) Weed Abatement
(CFC) 2013 California Fire Code (CFC), Section 304.1.2, (WUI) City of Newport Beach Wildland`
Urban Interface Area Standard for Hazard Reduction
Southland Landscape Maintenance and Installation Page B-2
B. As -Needed Services
Unit Costs
Labor per hour, per person
$22.00
Debris hauling per yard
$35.00
As -Needed Services shall be requested by the City in writing. Contractor shall then
provide a letter proposal for Services requested by the City (hereinafter referred to as
the "Letter Proposal'). The Letter Proposal shall include the following:
• A detailed description of the Services to be provided and work standard to be
applied;
• The estimated number of hours and cost to complete the Services; and
• The time needed to finish the specific Project.
• No Services shall be provided until the City has provided written acceptance of
the Letter Proposal. Once authorized to proceed, Contractor shall diligently
perform the duties in the approved Letter Proposal.
Southland Landscape Maintenance and Installation Page B-3
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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
Southland Landscape Maintenance and Installation Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B, Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
Southland Landscape Maintenance and Installation Page C-2
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's 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.
Southland Landscape Maintenance and Installation Page C-3
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION
FOR WEED ABATEMENT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVI F AGREEMENT
("Amendment No. One"), is entered into as of this �}(}}6}� day of i , 2012, by and
between the City of Newport Beach, a California Municipal Corporation and Charter City
("City'), and Barron Hurlbut, doing business as ("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:
RECITALS:
A. On July 28, 2009, the City Council approved an agreement entitled, Professional
Services Agreement with Southland Landscape and Maintenance Installation for
Weed Abatement ("Agreement").
B. The Agreement provided for weed abatement services for thirty-seven (37) City -
owned properties and on-call services for private properties as determined by the
Fire Marshal in accordance with Newport Beach Municipal Code Chapter 10.48
("Project').
C. Due to scriveners error the term agreed upon by the parties and included within
the City Council Staff Report ('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.") was incorrectly listed in the Agreement as June 30,
2012.
D. City and Contractor mutually desire to enter into this Amendment No. One to
insert the correct term language into the Agreement and update the insurance
requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of this 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 shall terminate no later than June 30, 2014.
2. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: 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, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Contractor shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Contractor, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in
Contractor's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Contractors employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and
Employers Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subcontractor's
employees.
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION Page 2
Any notice of cancellation or non -renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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 $1,000,000 combined single limit for each accident.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
I. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
ii. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Contractor of non-compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION Page 3
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement.
F. 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.
3. 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.
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
CITY ATTORt4�EY'S OFFICE
Date: i/IDI1Z
Aaron C.�Ffw
City Attorney
ATTEST: J5-10-17,
Date:
By: 46i, , b. —
Leilani I. Bkown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: S 1T I ;oma
By:
David Kiff
City Manager
CONTRACTOR:SOUTHLAND
LANDSCAPE MAINTENANCE AND
INSTALL IOJ4, a sole proprietor
Date:
By:
Barron Hurlbut
Principal
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION Page 5
CERTIFICATE OF INSURANCE
CHECKLIST
Natty of Newport Reach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3-19-12 Dept./Contact Received From:
Rachel]
Date Completed: 4-5-12 Sent to: Rachel By: Joel
Company/Person required to have certificate: Southland Landscaping
Type of contract All Other
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1-18-12/1-18-13
A.
INSURANCE COMPANY: Colony Insurance Company
B.
AM BEST RATING (A-: VII or greater): A: XII
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
® NIA ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes ® No
H.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
IL AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 8-13-10/8-13-12
A.
INSURANCE COMPANY: The Hartford
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® NIA ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1-01-12/1-01-13
A.
INSURANCE COMPANY: State Fund
B.
AM BEST RATING (A-: VII or greater): Not Rated
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
❑ Yes
[Z No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
® Yes ❑ No
Approved:
4-05-2012
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
PROFESSIONAL SERVICES AGREEMENT WITH
SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION
FOR WEED ABATEMENT
THIS AGREEMENT is made and entered into as of thisday 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:
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 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:
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th 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.
[Iifil0i1a9:11:7Yi7 Nkh Uri'm
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 Latter 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
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.
3
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.
�VlkVARS0*9Y6I,F-i1clM iI*':
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
8
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.
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
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.
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.
13. PROGRESS
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.
14. INSURANCE
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.
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
9
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 subcontractor's
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:
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.
7
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 or joint -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
H.
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
X
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 borne 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:
10
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
F3�14NiTdIkg/a[Lei k`I
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.
11
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.
:L1ALMIVA
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
12
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: CIT
OFFICE OF THE CITY ATTORNEY: A N
By: 17 By:
ett B. Bauchamp
Assistant City Attorney
Mayor
ATTEST: CONTRACTOR:
t�EWPpR
`//1(Y`D'�`IC/ hY'i r
By: 6c'n B /
Leilani Brown F , n (Corporate Officer)
City Clerk
f ` Principal
Barron Hurlbut
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
13
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
6101MINUMai19M14111110[HMAO&I
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 Ridge 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
o (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.
Fernleaf
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
property to the side of 2340 & 2333 Pacific Drive
San Miguel Drive at Big
W
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 roadway)
Sloe 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"
O (W) Weed Abatement
16
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT,
WITH SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION
FOR ANNUAL WEED AND RUBBISH ABATEMENT
THIS AMEN MENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 4ftL day of , 2004, by and between the CITY OF
NEWPORT BEACH, a m unicipal c orporation, ( hereinafter referred to a s "CITY") a nd
SOUTHLAND LANDCAPE MAINTENANCE & INSTALLATION, whose address is
Post Office Box 11 7, Costa Mesa, California, 92627, (hereinafter referred to as
"CONSULTANT"), is made with reference to the following:
RECITALS
A. On the 14th day of November 2001, CITY and CONSULTANT
entered into a Professional Services Agreement, hereinafter
referred to as the "Agreement", for annual weed and rubbish
abatement services, hereinafter referred to as "Project."
B. Two one-year extensions of this Agreement were entered into
previously by CITY and CONSULTANT, and the Agreement is now
scheduled to expire on the 31St day of December 2004.
C. CITY desires to enter into this Amendment No. 1 to modify the
Scope of Services to be provided under the Agreement, and to
extend the term of the Agreement for another year, until the 31St
day of December 2005.
D. As part of this Amendment No. 1, CITY desires to modify
CONSULTANT's responsibilities, decreasing the total acreage over
which CONSULTANT is responsible for performing weed
abatement services. This change will result in the reduction of
CONSULTANT'S compensation by $5,975.00 a year, effective
January 1, 2004. S pecifically, CONSULTANT shall no longer be
responsible for performing weed and rubbish abatement services at
Castaways Nature Park and at City -owned property at Balboa
Boulevard, between Channel Place and River Avenue. However,
CONSULTANT agrees to assume responsibility for performing
weed and rubbish abatement services at two other City -owned
properties -- Harbor Hill and Bayside Drive at Heliotrope Avenue,
as described more fully in the attached Scope of Services.
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
nature whatsoever between the Parties herE
agreements of whatsoever kind or nature are
implied covenant shall be held to vary the pry
Agreement will be effective only by writte
Contractor.
CITY OF NEWPORT BEACH
A Municipal Corporation
By: w,
(Mayor
for the City of Newp Beach
CONTRACTOR
complete understanding of every kind or
o, and all preliminary negotiations and
nerged herein. No verbal agreement or
visions herein. Any modification of this
i execution signed by both City and
Barron Hurlbut
Southland Landscape Maintenance and Installation
APPROVEV4S TO FORM:
By: '
Robin L. Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: C/IyV� fv
LaVonne Harkless
City Clerk
January 1, 2004
EXHIBIT "A"
SCOPE OF SERVICES
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:
Spyglass Canyon Park
2. Big Canyon Nature Park
3. Harbor View Nature Park
4. Various City Owned Property (19 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. 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.
Page 1 of 3
January 1, 2004
EXHIBIT "A" SCOPE OF SERVICES
Weed Abatement of City Owned Property
Site
Standard
UFC or UWI
Comments
Harbor View Nature Park
UWI
Nature park.
Big Canyon Nature Park
UWI
Nature park.
Spyglass Canyon
UWI
Slope, canyon, & immediate apron off Spyglass Hill
Road.
Spyglass (Roadside)
*Remove all light fuels.
Harbor Hill
UFC
Entry gained from gate at 1 Belmont.
Bayside/Fernleaf Ramp
UFC
Steep hill needed for street support - Clear left side,
right side is City's responsibility.
Begonia Park
UFC
At the slope of Begonia Park. Small area of City
property to the side of 2340 & 2333 Pacific Drive.
Bayside Drive @ Heliotrope Avenue
UFC
Slope on Bayside Drive below 322 Heliotrope Avenue.
Iris easement
UFC
Utilities easement located between the homes on Iris &
Jasmine between First Avenue & Bayside Drive.
Kings Road City Park
*Remove all light fuels.
1801 & 1811 Kings Road.
Newport Dunes bike path
UFC
Bicycle trail system.
San Miguel Drive at Big Canyon Reservoir
*Remove all light fuels.
Balboa Blvd. and 39th Street
*Remove all light fuel/trash
Corner section at alley and along Balboa Blvd.
Avon Street Alley
UFC
From dead end of Avon Street to just short of Riverside
Avenue.
Page 2 of 3
January 1, 2004
EXHIBIT "A" SCOPE OF SERVICES
Weed Abatement of City Owned Prouertv
Santa Ana Avenue
UFC
Between Old Newport Boulevard and Cliff Drive
(South side of roadway) slope maintenance.
2315 Holly Lane
*Limb up trees/remove light
fuels.
North side of Holly Lane — between property owners
fence & City street.
15th Street and Monrovia Ave.
UFC
Easement alongside of Seacliffe Mobile Home Park.
Mariners Drive cul-de-sac
UW 1
Hillside and rear of 930 Mariners Drive.
19th Street and Balboa Blvd.
UFC
Slope alongside 19 Street and Balboa Boulevard.
Jamboree & Eastbluff Roadside Apron Bike Trail
UFC
Eastbluff Drive apron from Jamboree Road to the
40/mph speed limit sign and Jamboree Road apron and
along bike trail.
University Drive at Irvine Avenue
UFC
Easement on south side to the end of University Drive
and on north side in front of the YMCA.
Mesa Drive (east of Irvine Avenue)
UFC, if applicable
Both sides of Mesa Drive.
E
Page 3 of 3
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February 11, 2004
Ivlr. Barron Hurlbut
Soutldand Landscape Maintenance
P.O. Box 11437
Costa. Mesa, CA 92627
E
SUBJECT: Contract Extension for Weed Abatement Services
Dear Mr. Hurlbut,
This letter is to validate the extension of the contract through December
31; 2004, for weed abatement services on City properties in Newport
Beach.
The terms of the contract remain, as specified in the contract dated
November 14, 2001, in the amount of $40,340.00.
By signing below you are agreeing to this extension and the terms and
conditions specified herein.
Sul re ,
Dermis Lockard
Fire Marshal
B _ G
Barron Hurlbut
Southland Landscape Maintenance
•
NEWPORT BEACH FIRE DEPARTMENT
June 27, 2003
Mr. Barron Hurlbut
Southland Landscape Maintenance
P.O. Box 11437
Costa Mesa, CA 92627
SUBJECT: Contract Extension for Weed Abatement Services
Dear Sir,
This letter is to validate the extension of the contract through December
31, 2003, for weed abatement services on City properties in Newport
Beach.
The terms of the contract remain, as specified in the contract dated
November 14, 2001, in the amount of $40,340.00.
By signing below you are agreeing to this extension and the terms and
conditions specified herein.
Sinc -e y,
Dennis Lockard
Fire Marshal
B}
Barron Hurlbut
Southland Landscape Maintenance
0 •
CITY OF NEWPORT BEACH
4 Pp,4�
fpovt
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
0 0 c -a4 -q 4 --
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:
TERM
The term of this Agreement shall be one (1) year commencing on the 13t 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
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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. Contractors 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.
3.3
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 Contractors
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
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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 Contractor's control or without Contractor's 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 Contractor's 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 1" and August 31St. Privately
owned property will be abated beginning on or around August 15t and work concluded
prior to August 15th. 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 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.
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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.
8.3
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
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
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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 Contractor's 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 Contractor's 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,
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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
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indemnify and hold harmless City for any and all claims for
damages resulting from Contractor's 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
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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.
Mayor
for the City of Newp Beach
CONTRACTOR
Barron Hurlbut
Southland Landscape Maintenance and Installation
APPROVE"S TO FORM:
By:
Robin L. Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:A , 1f a 2:22/
LaVonne Harkless
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
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. 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.
EXHIBIT "A" SCOPE OF SERVICES
Weed Abatement of City Owned Property
Standard
Site UFC or UWI
Comments
Spyglass Canyon Park
UWI
Slope and Canyon Area
pg, 2
Complete prior to July 4'"
Big Canyon Nature Park
UWI
City provides bins.
pg. 10
Harbor View Nature Park
UWI
Nature Park
Pg. 4
Castaways Park
UWI
Complete prior to July 4
pg, 8
City provides bins.
Calif. natives to be avoided.
South side of Bayside at Carnation and along Fernleaf
UFC
Steep hill needed for street support - Clear left
pg. 1
side, right side is City's responsibility.
Newport Dunes bike path
UFC
Bicycle trail system
pg. 5
Kings Road (1801 & 1811 Kings Rd.)
Remove all light fuels
City Park
3
Avon alley
UFC
From dead end of Avon Street to just short of
pg, 7
Riverside Avenue..
Iris easement
UFC
Utilities easement
pg. 1
A
Ilk
Mariners Drive cul-de-sac
UWI
Hillside and rear of 930 Mariners Drive qIF
pg. 12
19th Street and Balboa Blvd.
UFC
Slope alongside 10 Street and Balboa Blvd.
pg. 13
Carnation at Bayside
UFC
At the slope of Begonia Park. Small area of City
pg. 1
property to the side of 2340 & 2333 Pacific Drive.
San Miguel Drive at Big Canyon Reservoir
Remove all light fuels
pg. 4
EXHIBIT "A" SCOPE OF SERVICES
Weed Abatement of City Owned Properly
Standard
Site UFC or UWI
Comments
15th Street and Monrovia Ave.
UFC
Easement alongside of Seacliffe Mobile Home
pg. 11
Park.
Across the street from 2315 Holly Lane
Limb up trees and
North side of Holly Lane - between property
pg. 9
remove light fuels
owner's fence and City street.
Balboa Blvd. and 39th Street
Remove all light fuel/trash
Comer section at alley and along Balboa Blvd.
pg. 6
Jamboree Roadside Apron and Bike Trail
UFC
Eastbluff Drive apron from Jamboree Road to the
pg. 14
40mph speed limit sign and Jamboree Road apron
and along bike trail.
Santa Ana Ave. (South side of roadway)
UFC
Between Old Newport Blvd. and Cliff Drive.
pg. 7
Slope maintenance.
Balboa Blvd. Roadside between Channel Place & River
Remove all light fuel/trash
Small section north of 4410 Balboa Blvd.
pg. 6
University Drive at Irvine Ave.
UFC
Easement on south side to the end of University
pg. 15
Drive and on north side in front of the YMCA.
Mesa Drive (east of Irvine Avenue)
UFC, if applicable
Both sides of Mesa Drive
pg. 15
Spyglass Roadside
UFC
(Upper Big Canyon)
"Immediate Apron Area"
pg. 2
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