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HomeMy WebLinkAbout10 - Maintenance for Weed AbatementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No, 10 July 28, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 644 -3055 mharmon @city.newport - beach.ca.us SUBJECT: Professional Service Agreement With Southland Landscape Maintenance For Weed Abatement ISSUES: Should the City execute a Professional Services Agreement with Southland Landscape Maintenance of Costa Mesa for weed abatement services? RECOMMENDATION: Approve the agreement with Southland Landscape Maintenance for weed abatement services at various City -owned properties. DISCUSSION: Since 1999 the General Services and Fire Departments have worked in conjunction to administer the contract with Southland Landscape Maintenance for weed abatement program. This program currently involves the clearing of weeds and combustible vegetation at thirty -seven (37) City - owned properties encompassing approximately 78 acres and side trimming of over 7 miles. The number of properties has grown over the past few years as the City has acquired various undeveloped parcels such as the Sunset Ridge Park site and the triangular- shaped area bordered by Jamboree Road, MacArthur Boulevard, and State Route 73. At a minimum, these sites require brush clearance on an annual basis, while some parcels require semi- annual clearing. In addition, the contractor is also used for the clearance of privately - owned properties that are not in compliance with the City's hazard reduction regulations. New parcels may be identified and added to the program as necessary throughout the year. Agreement with Southland Landscape Maintenance for Weed Abatement July 28, 2009 Page 2 Southland Landscape Maintenance has been the primary weed abatement contractor for the Fire Department for the last ten years. The Fire Department directs the weed abatement process by designating areas that require abatement, identifying the specific plant species to be removed, and completing the final inspection once the work has concluded. The contractor's knowledge and expertise of the City's geography (an assortment of slopes, canyons, and culverts) and the City's code requirements enables Southland Landscape Maintenance to mitigate the fire hazards within the City in an expeditious manner. This assists in minimizing the time and effort required in the training and supervision of another landscape company. Therefore, an agreement with Southland Landscape Maintenance is submitted for Council approval. 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. This agreement includes an annual rate adjustment based in proportion to changes in the Consumer Price Index of a maximum of 4.0% after each 12 month period. FUNDING: There are adequate funds in General Services and Fire Department budgets to fund these services this fiscal year, and funds for these services will continue to be budgeted in subsequent fiscal years. ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. Prepared by: Ma rice Tu er Administrative Analyst Reviewed by: Submitted Mark Harmon/ i General Services Director Submitted by: Steve Bunting c7l — Steve-Lewis Fire Marshal Fire Chief Attachment: (1) Professional Services Agreement with Southland Landscape Maintenance for Weed Abatement PROFESSIONAL SERVICES AGREEMENT WITH SOUTHLAND LANDSCAPE MAINTENANCE AND INSTALLATION FOR WEED ABATEMENT THIS AGREEMENT is made and entered into as of this _ day 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: Nxylt10161 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: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30`h 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. 3. TIME OF PERFORMANCE 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 Utter 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 2 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. 7. CITY'S RESPONSIBILITIES 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 0 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. 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 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 5 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. 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. i :Z9IHN *V 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. fiE,! IZ691N_1k' lei q 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. i. 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 ON 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 subcontractors 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: i. 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 orjoint- 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 0 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 0 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 bome 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: 11111 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 26. TERMINATION 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. 33. 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. 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: OFFICE OF THE CITY ATTORNEY: By: V6nette-B.-139f uchamp Assistant Cit Attomey ATTEST: Leilani Brown City Clerk Attachments: CITY OF NEWPORT BEACH, A Municipal Corporation Bv: Edward D. Selich Mayor CONTRACTOR: By: (Corporate Officer) Principal Barron Hurlbut 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 SCHEDULE OF BILLING RATES 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 Ride 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 • (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. Femleaf 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 to the side of 2340 & 2333 Pacific Drive San Miguel Drive at Big W _property 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 roadwa Slope 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" • (W) Weed Abatement 16