AMENDMENT NO. _1__ TO AGREEMENT NO. C2021-242
City Budget Code: See Exhibit “A”
This Amendment No. 1 (“Amendment”) to City Agreement No. C2021-242, entitled Weed Abetment and Maintenance Services (“Agreement”), by and between the City of Napa, a California charter city (“City”), and Bruce Ornbaun a sole proprietor DBA Golden Gate Landscape(“Consultant”), is effective on the date last signed by the City, which is identified on the signature page as the “Effective Date.”
RECITALS
City and Consultant entered into the Agreement, effective July 19, 2021, for an amount not to exceed $125,000, pursuant to which Consultant agreed to perform certain services described in the Agreement (“Services”), generally including weed abatement and landscape maintenance services on a request for services bases.
City has determined that additional Services (“Additional Services”) are required to continue, modify, or expand the Services performed under the Agreement, as set forth in the Scope of Additional Services and Schedule of Performance, attached hereto as Exhibit “A” and incorporated herein by reference.
NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows:
INCORPORATION BY REFERENCE. Unless otherwise specified, all subsequent references to the Agreement are deemed to mean the original Agreement as modified by any amendments preceding this Amendment, if any. This Amendment incorporates the Agreement by reference, except and only to the extent that any terms or conditions of the Agreement are specifically modified by this Amendment. All terms and conditions in the Agreement that are not specifically modified by this Amendment remain in full force and effect.
SCOPE OF ADDITIONAL SERVICES. Consultant will perform the Additional Services described in Exhibit “A” in accordance with the terms and conditions of this Amendment.
PAYMENT. City will compensate Consultant for satisfactory performance of the Additional Services in an amount not to exceed $100,000. The cumulative total compensation payable to the Consultant will not exceed $225,000 without prior written authorization from the City (based on $125,000 for the original Agreement and any prior amendments thereto, plus $100,000 for this Amendment).
ENTIRE AGREEMENT. The Agreement, as modified by this Amendment, constitutes the entire integrated understanding between the parties concerning the Additional Services. This Amendment supersedes all prior negotiations, agreements and understandings regarding the Additional Services, whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all, except and only to the extent otherwise specified. If any provision in an exhibit to this Amendment conflicts with or is inconsistent with a provision in the body of this Amendment, the provisions in the body of this Amendment will control over any such conflicting or inconsistent provisions.
SIGNATURES; ELECTRONIC SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of Consultant and City. The parties agree that this Amendment may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and authorized assigns.
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective on the Effective Date set forth below.
CITY: CONSULTANT:
CITY OF NAPA, a California charter city Bruce Ornbaun, a sole proprietor DBA Golden Gate Landscape By: By:
Breyana Brandt, Parks and Recreation Director Bruce Ornbaun Date:
(“Effective Date”)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
Sabrina S. Wolfson, Interim City Attorney
EXHIBIT “A”
SCOPE OF ADDITIONAL SERVICES AND SCHEDULE OF PERFORMANCE The Consultant will perform the Additional Services described below, within the specified times:
SCOPE OF SERVICES. Consultant will perform the Services described in this Exhibit “A,” in accordance with the terms of the Agreement. The work shall include annual weed abatement of the locations listed below and various other locations as requested. In addition to weed abatement services the Consultant shall perform landscape maintenance, debris removal, vegetation mitigation and other improvements and maintenance as assigned.
Updated 6-2024
DEPARTMENT / CONTACT
HOUSING / Stephanie Gaul/Molly Rattigan Approval: _____________________________ Account Number : _84440500-53210
522 Lincoln Ave.
Account Number : _2554050-53210
3875 Jefferson St.
Account Number : _2554050-53210
Lot on Soscol and Old Soscol.
PUBLIC WORKS / Peter Brestak Approval: ________________________________ Account Number : 10030807-53210
Hartle Ct. Easement
Soscol triangle front of Wine Train
Pearl Street Right-of-Way
George Street Alley (Jefferson)
“D” Street Alley (York to California Blvd.)
Montectio Blvd. (West of North End. Approx. 300’ long)
Montecito Water Tanks
Montecito Radio Site - 681 Montecito Blvd, Napa, CA
B Tank Radio Site – 681 Montecito Blvd. Napa, CA
Soscol Drainage Ditch (front of Wine Train)
Spruce Street Drainage Ditch
Walnut Street Right-of-Way
Imola Avenue Drainage Ditch
Hillside Dr. Right-of-Way
El Nido Fire Access Road
2408 First Street at California
Dry Creek & Redwood
Redwood Road Water Pump Area
Foster Road Easement
Linda Vista Low Flow Channel
Saratoga Avenue
Solano Ave Collector easement Trower to Oak Knoll
West Imola Avenue X Foster Road
Police/ Fabio Rodriguez Approval: ________________________________ Account Number : _10021306-53210
Gun Range
PARKS & RECREATION / Jeff Gittings Approval:__________________ Account Number: 51060501-53322
Hidden Glen Park
Account Number: 10050200-53322
Timber Hill Park - Include 1144 Stoneybrook parcel
South Jefferson Park
Kennedy Park between softball fields and railroad tracks Trancas Crossing Park
Oxbow Preserve
GarfiledPark - Open Space
South Jefferson Property
Riverside Dr.
Account Number: 10050202-53322
Maxwell(Soscol) Bridge –all 4 corners
Solano Ave lot – south of Redwood behind Solano businesses and railroad tracks Account Number: 40830200-53322
Lake Park Lot - 2400 Shoreline drive APN 044-314-008
Account Number: 40150200-53322
Altavina Drainage Area - Abruzzini Park ditch
Account Number: 41750200-53322
Detention basin Walkabout Lane.
Detention basin Summerbrook Circle.
Detention basin Blackberry Lane
Detention basin Big Ranch
Account Number: 41950200-53322
Detention Basin Tierra Grove- Silverado Trail –All the way back behind homes Communications Sites / Max Hitzler Approval:__________________ Account Number: 10013501-53322
Mt. St. Helena radio site on the south side peak of mountain. - 4955 Lake County Hwy - Lat. 38-40-29.7 N Long. 122-37-48.9 W Sugarloaf Peak – 1 Green Valley Drive, Napa, CA – Lat. 38-19-04.2 N Long 122-20-51.2 W
2.0 PREVAILING WAGE COMPLIANCE. If this Agreement includes work performed during the “design and preconstruction phases of construction” (including inspection or field surveying services), as defined by “Prevailing Wage Laws” (as set forth in the California Labor Code, including section 1720 et seq.), the City hereby determines that those Services are “public works,” and this Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, and all related regulations, including requirements pertaining to wages, working hours, and workers’ compensation insurance, and the following provisions. Subconsultants performing “public works” under this Agreement are subject to all of the requirements of this Section.
3.1. Prevailing Wages. Consultant must comply with the prevailing wage requirements applicable in Napa County for each craft, classification, or type of worker needed to perform the Services, including employer payments for health and welfare, pension, vacation, and apprenticeship. The prevailing wage rates are on file with the City Engineer’s office and are also available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each such worker the difference between the applicable prevailing wage rate and the amount actual paid to the worker.
3.2. Working Hours. Pursuant to Labor Code section 1810, eight hours of labor constitutes a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty, the sum of $25 for each day during which a worker employed by Consultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such worker is paid overtime wages pursuant to Labor Code section 1815. All Services must be performed during City’s regular business days and hours, except as otherwise specified in this Agreement or subject to City’s prior written authorization.
3.3. Payroll Records. Consultant must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and any implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant must certify under penalty of perjury that the information in the payroll is true and correct and complies with the requirements of Labor Code sections 1771, 1861, and 1815. Consultant must electronically submit certified payroll records as required by Labor Code section 1771.4(a).
3.4. Apprentices. If the total compensation payable under this Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
3.5. Compliance. The Agreement is subject to compliance monitoring and enforcement by the DIR. Pursuant to Labor Code section 1725.5, Consultant must be registered with the DIR to perform public works projects, subject to any applicable exceptions, if any. Consultant must post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. Pursuant to Labor Code section 1861, by executing this Agreement, Consultant certifies as follows: “I am aware of the provisions of Labor Code 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing performance of the work on this contract.”
2.0 AUTHORIZED HOURLY RATES:
Consultant will be compensated for time reasonably necessary to provide the Services based on the following hourly rate schedule, subject to the not-to-exceed limit in Section 3 of the Amendment:
1. Mowing-tractor (Flail) $ 90.00 per hour
2. Discing-tractor $ 90.00 $ per hour
3. Rototilling tractor $ 80.00 per hour
4. Bulldozing $ 90.00 per hour
5. Dump truck $ 75.00 per hour
6. Hand labor $ 45.00 per hour
7. Mowing-handheld $ 47.50 per hour
8. Trash hauling (# trips made ______ )
(Includes loading & disposal, per cubic yd.) $ 70.00 per hour
9. Chipper $ 75.00 per hour
10. Tire disposal $ 10.00 per tire
(Larger Tires = Additional Cost)
Amendment to Agreement Page 2 of 3 Form 2.2.1 (2022-11-10) Weed Abetment and Maintenance Services
ATTACHMENT 1