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HomeMy WebLinkAboutC-3033 - Roadside Landscape Maintenance (Privatization). _ a - - 0 IR CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: March 3, 1995 SUBJECT: Contract No. C -3033 (714) 644 -3005 Description of Contract Privatization of Roadside Landscape Maintenance Effective date of Contract March 3 1995 Authorized by Minute Action, approved on February 13 1995 Contract with Landscape West Inc Address 1705 S Claudina Way Anaheim, CA 92805 Amount of Contract See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach C'- Jr /G x:2/1995 15:05 - �14-i2 -9� u3:5�PM 7149913796 FEN LOCATE CONT, i1iS, LANDSCAPE WEST TO 1714491371+6 0 tGuc PAGE 02 H sA 7 V s ,. �,Fi,. S <sYF,rrS (s x' :... o Y ti ISfUE DATE NAM", r , A} ,y a it hs `,i,w vtiT .9 �.' i „I h.. )tW e..aa. 1 6 -..�..• �^rm :•a,a:kM'u.. .. a�.xt' TM CERTIFICATE to tssUED AS MATTER OF wooRMATWtt ONLY AND PTralruca Landscape Contractors COW WS No NOW$ UPON TH9 WUMTCATE MOLDER. TOM MRTA4CATE h wfar" BerY10e1. I". DOE! NOT AMEND, EXTEND Olt ALTER THE COVERAGE AFFORDED BY THE 400 NtWrd FOUCIES BELOW. CiM* CA 95612 COMPANIES AFFORDING COVERAGE i)2Y> x/64 ........ ..... .. .... ...._ .................................. ........ . LETM A star Insurance Compeny .... ...._ .......... .. .............. ...... ............._........`^' .,. ...... ............ .................. _..............._ ........ EI FramontCompantlatlonMwranoe CGNIPMY C LaadlaoepeWMMO. : IETm _ ..... . 1701 s. Claud4a Way _ ............................._ .................................. _. .... .. ................ .__........ ..... ............... Ar1aMltlt, CA 9206 SAN° D .......... .........__ ,..... ,........... ...... ............ td* mil-M1, (,,i, ..s �'tA}v t1n!(r " i,,�,.k` k ,`, 1! ..� TO rHE INBUREIS NANEO J'OR TH6 POL PEPoOt) Y4116 Ri lf1 CRR'TMV THAT T POLIGtE9 lX rJSU LLIItEO NAk' L/EO INDUATf D, NOTATTHSTANDlNO ANY REMWUNENT, TE W OR CONDITION OF ANY CONTRACT OR OTHER O0CWFrf4T WITII RESPECT TO WHICH TWR CERTIFICATE WAY BE 13"D ORhAY PERTONN, THE INWRANCE AFFORDED BY THE POUCIES OESORISEO HEREW 9 SUBJECT TO ALL THE 7ERM6. EX.CU SK348 AND 00 d071Q IS OF SUCH POLK#3. LYMT3 SHOWN WAY HAVE KEN REDUCID BY PAID CIMMS. ...... ..... .. . ..................... ..:.._... .. _ ...... ....� .... .. ... ...... .. ......•,,.. ..... .... ........: ... .... ..._.., ...... .. Cc: Type or IY \uaA/tCS roLIOY +wMaCA EI'FI�tAnON' UWri CATER , DATE Nlwt>a'Y'1 tTR :!OBtv"Uomwy `. ':aB/CRALAGOMCIATi �f i.000,D0 i X.onMwRCw. eanowL uvlury .: NOOUO'rscoASVCP Ados 00 ... ..2, yIYa VAM! 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REMf RE- Ail Csrimmla Operations, (See attached CO2010). Water of Subrooatbn per standard ISO Form CG9404 I V86 -711"1 �:'%,f e , ,:. &iOAA ANY OP THC ABOVE 0400"30 POLICIES aW CANCELLED 86FORS TkV EXPIRATION RATE THEREOF, THE WWHG 00WAW WILL tIT*k%k ftft . "L a0 DAYS WRITTEN NOTIC a To THE 4YRMICAR HoLDER HAMEoto TriE The CRY of Newport bemon °' t�+ 'T.�eWtnlsRaBR�aorlOGaDOe7lattQ xkaslwxut'aaeDwt "M Newport Skid, UaelROlt 6FOartApaLpx7Olf17lO CatRap1Ai70HiC>16egt Newport beach, CA 92066 ' Aurwo.am pnrArrwa 1?12/1995 15:05 7149913796 LANDSCAPE WEST PAGE 03 J3:5UI4 FBQM 0SW't CO i. INS. CJ i7i'4a9i3796 FUG: POLICY NUMBER: CP04931763 COMMERCIAL GENERAL UABILITY THIS ENDORSEMENT CHANGES T146 POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Landscape West. Inc. Eff. Date' 04/01196 SCHEDULE Name of Person or OrganIzstiont The City of Newport Beech, its elected and appointed RE: All California Operations oNkers, apants and employees. 3300 Newport 8tvd. Newport Beach, CA 82868 (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO 1S AN INSURED (Section III is amended to include as an insured the person or orosnitation shown in the Schedule, but only with respect to liability arising out of "your work" for that Insured by or for you. CG 20 10 11 8S Copyright, Insurance 5arvices Offices, Inc., 1984 s f CONTRACTOR AGREEMENT THIS AGREEMENT, entered into this, .44ay of 19 &by and between the City of Newport Beach, a Municipal Corporation and Charter City ( "City"), and Landscape West, Inc., ( "Contractor "), is made with reference to the following: RECITALS A. Prior to this agreement City has maintained certain medians and roadsides areas using its own employees and equipment; B. City has determined that these landscaping and maintenance functions can be performed by Contractor for substantially less money than through use of its own forces; C. City has, in reliance upon Contractor's commitment to perform these landscape and maintenance functions for a period of five years at a set contract price, eliminated positions that previously performed, and sold equipment that previously was used in the performance of, these landscaping and maintenance services; D. Contractor has represented to City that it has, and will maintain during the term of this Agreement, the employees and equipment necessary and appropriate to the performance of all services required of Contractor pursuant to this Agreement; E. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement; F. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications relative to the type, nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services, and has committed to perform all required work for the price specified in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. TERM A. The Term of this Agreement shall be for a period of one year. The term shall commence within fifteen (15) working days of City Council approval and upon receipt and approval of all required bonds and insurance. The term of this Agreement ow 0 0 shall automatically be extended for four (4) additional one (1) year terms (automatic extensions) with the first extension to commence upon the expiration of the initial term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any automatic extension, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. B. In addition to the four (4) automatic one (1) year extensions, City shall have the option to extend this agreement for five (5) additional one (1) year extensions (optional extension), with the first option extension to commence upon the expiration of the final one (1) year automatic extension. City shall notify Contractor, in writing, at least thirty days before the expiration of the final automatic extension, or within thirty (30) days before the end of any optional extension, of its intention to exercise its option pursuant to this subparagraph. The terms and conditions of this Agreement shall remain in full force and effect during any optional extension subject to the obligation of the parties to reach agreement regarding an adjustment in the compensation paid to contractor, provided, however, the adjustment to compensation shall not exceed the compensation paid during the previous one year term of the Agreement plus any increase in the Consumer Price Index for the most recent twelve (12) month period preceding the date on which the City must exercise its option to extend and for which statistics have been published by the Department of Labor. 2. CONTRACTOR DUTIES Contractor shall perform the landscape and hardscape maintenance services specifically described in, and in strict compliance with the requirements of, Exhibit A (Contract Services). The Contract Services shall be performed at least as frequently as specified in Exhibit B. City shall have the right to alter frequency of maintenance as necessary to ensure highest industry standards of maintenance. The Contract Services shall be performed at the median locations described in Exhibit D, and at the roadside locations subscribed in Exhibit E as appropriate. Contractor services relative to the installation of material, the application of substances, or the planning of landscaping shall be in strict conformance with Exhibit C. All of the Exhibits are considered to be a part of, and are incorporated into, this Agreement. 3. WORKMANSHIP SUPERVISION AND EQUIPMENT A. The Contractor shall provide a work force sufficient to perform the Contract Services and all members of the work force shall be legally documented. B. All Contract Services shall be performed by competent and experienced workers. Irrigation maintenance and repairs shall be performed by workers skilled and -2- 0 0 experienced in irrigation systems. All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel (in addition to irrigation and pesticide specialists) necessary to properly to perform Contract Services. C. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All supervisory personnel must be able to communicate effectively in English (orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. D. All Contractor personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Parks and Tree Maintenance Superintendent when performing Contract Services. All Contractor personnel shall wear identification badges or patches. E. All work shall be performed in accordance with the highest landscape and hardscape maintenance standards. F. All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly mariner and shall be in good working order. All vehicles shall bear the identification of the Contractor. G. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of Contract Services. An Area Supervisor shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. A working lead person will be assigned to two- person crews. Contractor shall provide one (1) two- person crew for median maintenance and a second two- person crew for roadside maintenance. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of $136,615.00 per year. Contractor shall submit invoices to City on a monthly basis. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor as specified in Section entitled 'Notices." -3- 5. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 6. TYPE AND INSTALLATION OF MATERIAL A. Contractor shall use only the standard materials described in Exhibit C in performing Contract Services. Any deviation from the materials described in Exhibit C shall not be installed unless approved in advance by the City Administrator. B. Subject to the provisions of Section 7, City shall reimburse Contractor for the actual cost, plus 15 %, of all material installed by Contractor in the performance of Contract Services. Actual cost shall be the best price available to Contractor including all applicable discounts. Contractor shall provide City with a schedule of typical costs of irrigation parts, plant material and other commonly used items within thirty (30) days from the date of this Agreement. Contractor shall retain records reflecting the actual cost of parts or material used and the performance of services required by this Agreement. C. City reserves the right to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and /or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. 7. REPAIR/ REPLACEMENT A. Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. B. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. C. Contractor shall repair damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. D. Contractor shall, at its sole cost and expense, replace all plant material (including shrubs, ground cover, mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including material and labor costs. 8. EXAMINATION OF WORK SITES A. City makes no representation regarding the order or condition of any area or location for which Contractor is to provide services. City has also made no representations that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of, this Agreement. 9. HOLD HARMLESS A. Contractor assumes all risk in any way related to the performance of contract services. Contractor agrees to indemnify, defend, save and hold harmless City, its elected and appointed boards and commissions, officers, agents, and employees from and against any loss, damages, liability, claims, costs, expenses or damages, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from, or in any way related to, the performance of contract services required by this Agreement, provided, however, Contractor's obligation in this regard shall not apply in the event of the sole negligence, fraud or willful misconduct by City, its officials, agents, employees or representatives. B. Contractor shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, costs and expenses whatsoever, including reasonable attorneys' fees, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to Contractor in the performance of services under this Agreement. C. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of Contractor, or by a dangerous condition of City's property created by Contractor or existing while the property was under the control of Contractor, Contractor shall not be relieved of its obligation to defend, indemnify and hold City and its officers, employees -5- 0 0 and representatives harmless, by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City. 10. INSURANCE A. In addition to Contractor's obligation to defend, indemnify and hold City harmless, Contractor shall obtain 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 the City. Insurance policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to performing any contract services. B. Prior to the commencement of work, Contractor shall provide to City certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements. At the option of City, Contractor shall provide copies of all policies, providing coverage as required by this Agreement. C. Contractor shall provide the following insurance, with Best's Class B or better carriers: 1. Workers' Compensation and Employers Liability insuring statutory Workers' Compensation limits as required by the California Labor Code and $1,000,000 (one million) per accident Employers' Liability; 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1,000,000 (one million) combined single limit per occurrence for bodily injury, personal injury and property damage. It the policy contains a general aggregate limit, then the aggregate limit shall not be less than $2,000,000 (two million); 3. Commercial auto liability and property insurance covering all owned and rented vehicles of Contractor coverage Code 1 "any auto" with a minimum amount of $2,000,000 (two million) combined single limit per accident for bodily injury and property damage; D. Endorsements to the policies providing the above insurance shall be obtained by Contractor, adding the following three provisions: 1. Additional Insured: 0 "The City of Newport Beach and its elected and appointed boards, officers, agents, and employees as additional insured." 2. Notice: "The policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to City." 3. Other Insurance: "Any other insurance maintained by the City of Newport Beach shall be excess and not contributing with the insurance provided by this policy." E. Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of this Agreement. 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 performance of contract services. F. 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, that 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, a waiver of any right of subrogation which any such insurer of Contractor may acquire against City by virtue of the payment of any loss under insurance. 11. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. City and Contractor acknowledge that City is relying upon the special and unique skills of Contractor and Contractor's management employees in City's decision to privatize the maintenance of medians and roadside locations. City has eliminated positions from its work force and sold equipment that would otherwise be devoted to the performance of contract services and City's decision to do so was based upon the special skill and ability of Contractor. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, ability and personnel uniquely suited to the performance of contract services and any -7- E 0 assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. 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 venture which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. 12. RECORDS /REPORTS A. All Contractor's books, and other business records, or such part as may be used in the performance of this Agreement shall be subject to inspection and audit by any authorized City representative during regular business hours. B. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. C. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. E. Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the City Administrator within ten (10) days after the end of each month. Irrigation programming schedules will be submitted monthly. A phone log will be submitted monthly of all calls from the City of Newport Beach General Services Department and the City of Newport Beach Police Department to the Contractor, whether or not those calls require a request for service, and a description of the action taken from the City call. F. Contractor shall keep records and invoices in connection with its 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 during normal business hours to examine, audit and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. Periodic reports will be submitted in accordance with Exhibit I. M:E 0 0 13. ADMINISTRATION A. This Agreement will be administered by the General Services Department. The General Services Director or his /her designees shall be considered the City's Administrator and shall have the authority to act for the City under this Agreement. The Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. B. City shall furnish to Contractor, maps, ordinances, data and other existing information as may be requested by Contractor necessary for Contractor to complete the work contemplated by this Agreement. City also agrees to provide all such material in a timely manner. 14. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional landscape maintenance or hardscape maintenance services as requested by the Administrator. The Administrator may give verbal authorization for additional services up to $500. Administrator shall provide Contractor with written authorization prior to the performance of any additional services that exceed $500. Contractor shall be compensated for additional services in accordance with the unit prices specified in Exhibit F. B. City reserves the right to withdraw certain median or roadside locations from the scope of work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the scope of services, compensation to Contractor shall be reduced in accordance with the bid unit cost specified in Exhibits G and H. In the event the location is withdrawn for a period of less than a full 1 (one) year term, Contractor's compensation shall be reduced on a pro rata basis. 15. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which Contractor may be required to do, or respecting any payment to Contractor during the performance of the Agreement, such dispute shall be decided by the City Manager and his decision shall be final and binding upon Contractor and his sureties. 0 0 16. REIMBURSEMENT FOR EXPENSES Contractor shall not be reimbursed for any disposal fees or other expenses unless authorized in writing by City Administrator. 17. LABOR AND PERFORMANCE BONDS. Contractor shall furnish, concurrently with the effective date of this Agreement, a bond or other instrument satisfactory to the Administrator in an amount equal to $15,000 as security for the Faithful Performance of this Agreement. 18. LABOR A. Contractor shall pay no less than the prevailing wage rates as required by Section 1771 and 1774 of the California Labor Code. Contractor shall conform with all applicable provisions set forth in the Labor Code, and the Federal Fair Labor Standards Act. B. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any Subcontractor under him, in violation of the provisions of this Agreement. C. 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. 19. NONDISCRIMINATION BY CONTRACTOR Contractor represents and agrees that it does not, and will not, discriminate against any subcontractor, consultant, employee or applicant for employment because of race, religion, color, sex, handicap, national origin or other basis that is violative of the federal or state constitution or federal or state law. Contractor's obligation not to discriminate shall apply, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. -10- • L] 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 21. 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 foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. The Contractor will provide a completed disclosure form noting the above. Contractor will comply with the Act and relevant City Resolutions. 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 the City. The Contractor shall indemnify and hold harmless the City for any claims for damages resulting from the Contractor's violation of this Section. 22. NOTICES All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Attention: General Services Director All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Mr. Barry L. Konier, President Landscape West, Inc. 1705 S. Claudina Way Anaheim, CA 92805 -11- • • 23. TERMINATION/ DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. B. This Agreement may be terminated for cause by City or Contractor, upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City Administrator, the level of maintenance falls below appropriate landscape or hardscape maintenance standards and /or Contractor fails to satisfactorily perform Contract Services. City shall have the right to return funds withheld until the City Administrator determines that contract services are performed as well and as frequently as required by this Agreement. 24. COST OF LITIGATION If any Iegal action is necessary to enforce any provision of this Agreement, or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party. 25. COMPLIANCE Contractor represents that it is familiar, and shall comply, with all state, federal, or local laws, rules, ordinances, statutes or regulations applicable to the performance of contract services. -12- • 26. WAIVER • A waiver by City 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. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: 14 AS TO FORM: ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation \ , l By:_T�J�7 i CONTRACTOR Landscape West, Inc. -13- Presiden 1.ds .p.3 G List of Exhibits Exhibit A Scope of Work Exhibit B Maintenance Frequency Summary Exhibit C Standard Materials Exhibit D Median Locations Exhibit E Roadside Locations Exhibit F Unit Prices Exhibit G Bid Unit Costs (Roadside areas) Exhibit H Bid Unit Costs (Median areas) Exhibit I Required Reports EXHIBIT A SPECIFICATIONS FOR CONTRACT OF LANDSCAPE MAINTENANCE OF CITY MEDIANS AND ROADSIDE AREAS SCOPE OF WORK The contractor shall provide the following services and meet the following specifications: 1. SCOPE OF WORK A. Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the following: 1. Weeding, cultivating and brush control both mechanically and with chemicals. 2. Fertilizing. 3. Shrub and groundcover trimming, pruning, training. 4. Minor tree pruning and staking. 5. Irrigation monitoring and repair. 6. General pest control. 7. Mowing, verticutting, and aerifying. 8. General litter control, refuse removal, and grounds policing. 9. Irrigation system maintenance and repair. 10. Plant replacement. 11. Hardscape cleaning. 12. Access roadway clearance and visibility maintenance. 13. General drainage structure and system maintenance. B. Contractor is NOT responsible to maintain or repair: 1. Area lighting systems 2. Fencing 3. Gates 4. Any building located at the specified site 5. Graffiti 6. Vandalism 7. Signage 8. Damage resulting from vehicular accidents 9. Water, sewer, and electrical lines or systems, except to the extent required in the Technical Specifications of the Bid Schedules. 10. Trees over 8 feet in height (except minor pruning and staking) 11. Hardscape (curbs, gutters, sidewalks, etc.) (repair only - maintenance required) 2. WORKING HOURS Contractor's normal working hours shall be from 7:00 AM to 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City Administrator, unless it is an emergency situation. No motorized equipment shall be operated before 8:00 AM nor after 5:00 PM 3. SUPERVISION OF CONTRACT A. All work shall meet with the approval of the City Administrator. There shall be a weekly meeting with the Contractor and the City Administrator to determine progress and to establish areas needing attention. B. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the 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. 0 0 4. INCIDENTAL SERVICES The description of Contract Services is intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed by Contractor. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in this Agreement. 5. STREET CLOSURES, DETOURS, BARRICADES A. Warning signs, lights, and devices shall be installed and displayed in conformity with the "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. B. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 6. DISPOSAL At least 25% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. 7. ANNUAL MAINTENANCE SCHEDULE The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Park and Tree Maintenance Superintendent. The maintenance schedule shall be consistent with Exhibit B. This maintenance calendar shall clearly indicate all of the major maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Park and Tree Maintenance Superintendent for approval prior to the date the changes are to take effect. 8. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. 9. SPECIALTY OPERATIONS Written notification of all "specialty type" maintenance operations shall be given to the City forty-eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: fertilization, preemergence weed control, turf aerification, turf dethatching_, seeding, preventive and curative application of turf fungicide, all pesticide applications and plant replacements. 10. LANDSCAPE LICENSE The Contractor shall hold a valid and current California C -27 License and submit a copy thereof. The Contractor must also maintain a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor or have one on staff. The name and permit number will be supplied to the City at the beginning of contract, and any changes forwarded within twenty-four (24) hours of said change. 11. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall • 9 be utilized and the answering service shall be capable of contacting the Contractor by radio or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and yard. 12. PERFORMANCE DURING INCLEMENT WEATHER During the periods when inclement weather hinders normal operations, the Contractor shall adjust his /her work force in order to accomplish those activities that are not affected by weather. A. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. B. The Contractor shall immediately notify the Parks and Tree Maintenance Superintendent when the work force has been removed from the jobsite due to inclement weather or other reasons. C. The Contractor shall restake and re -tie trees or other such activities as required as a result of inclement weather. The Contractor will stay available to assist in any storm related damage repair. 13. UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility lines to insure the safety of his /her work crew and to protect in place existing utility equipment before commencing any excavation. Contractor shall contact the Park and Tree Maintenance Superintendent and Underground Service Alert (1- 800 - 422 -4133) 48 hours before commencing any excavation, to locate underground service lines. 14. PESTICIDES The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Park and Tree Maintenance Superintendent with all of the following: 0 0 1. A copy of Contractors Orange County Agricultural Commissioners, "Restricted Materials Permit /Operator I.D. # ". 2. A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. 3. A "Pesticide Use Record" for any site that a pesticide was used, within twenty-four (24) hours of application. 4. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials ", twenty-four (24) hours before application. 5. A list and EPA numbers of all the pesticides Contractor intends to use for this contract, before any such use. 6. The contractor shall not use any pesticide that has not been authorized by the Park and Tree Maintenance Superintendent. 0 0 Exhibit B MAINTENANCE FREQUENCY SUMMARY FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize 3 /year Vertical Mow 1 /year Aerate 2 /year Pest Control As needed Visual Inspection Weekly Ground Cover Maintenance Trim Monthly Fertilize Twice a year Pest Control As needed Visual Inspection Weekly Shrub, Vine, & Tree Maintenance Trim 4 /year Fertilize Twice a year Restake /Check Each site visit/every two weeks min. Visual Inspection Weekly Hardsca a Maintenance Each site visit/weekly min. Grounds Policing/Litter Removal Each site visit/ 4/ weeklly 0 0 Exhibit C STANDARD MATERIALS All material used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance Superintendent. STANDARD MATERIAL LIST: 1. Febco 825Y RP 2. Rainbird #ST -03UL Snap Tite Connectors 3. Rainbird #PT -55 Snap Tite Sealer 4. Toro Series Sprinklers 5. Griswald DW Series Electric Valve 6. Rainmaster RME 12 or Larger Controller 7. LA MAX Enclosure -LA MAX MARK -2SST 8. Matco 754 Series Full Port Ball Valve 9. Class 200 PVC Lateral Pipe 10, Class 315 PVC Main Supply Pipe 11/2" and larger 11. Schedule 40 PVC Main Supply Pipe 11/4" and Smaller 12. Rectangular Valve Box - Plastic -18 "L x 12 "W x 12" Deep 13. Round Valve Box - Plastic - 10" 14. Rainbird #44 Quick Coupling Valve with Vinyl Cover 15. Control Wire: AWG, U.F. 600 -V Direct Burial Copper with PVC Insulation TURF FERTILIZERS. ETC.: 1. All commercial fertilizers must be homogenous except where approved by the City. 2. All organic fertilizers must have lowest salinity rate possible. 3. No steer or chicken manure is allowed. 4. All fertilizers, planting medium, humus material, and etc. must be approved by City. PLANT STOCK All selection and condition of the plant material of plant stock, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Park and Tree Maintenance Superintendent before planting. PESTICIDES All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. 2 Exhibit D MEDIAN LOCATIONS Area Area Description Irrigation Acres = T H U/D O G St. X Balboa Blvd. P,H M 0.032 0.022 0.054 Balboa Blvd. - Medina Way to 21st St. P M 0.034 0.034 Balboa Blvd. - Medina Way to 21st St. P NI,WT 0.223 0.223 McFadden Interchange Medians P,T,H M 0.032 0.241 0.02 0.293 Villa Way X 29th St. P,H M 0.02 0.014 0.034 M St. Median P,T,H AI 0.003 0.051 0.039 0.093 Via Lido - Newport Blvd. to Via Operto P,H AI 0.025 0.038 0.063 Newport Blvd. X Via Lido P,H AI 0.019 0.141 0.16 Clubhouse X Finley P,H M 0.02 0.018 0.038 Balboa Blvd. - PCH to 32nd St. P,H AI 0.068 0.317 0.385 Newport Blvd. - PCH to Industrial Way P,H INO,WT 0.461 0.552 1.013 PCH - Santa Ana River to Newport Blvd. P,H Al 0.607 1.27 1.877 PCH - E. of Riverside Avenue PH M 0.016 0.077 0.093 St. James Road X Kings Place P,T M 0.005 0.028 0.033 Margaret Dr. between Tustin & Irvine P NI,WT 0.007 0.007 Westcliff Dr. - Irvine Ave to Dover P,H INO,WT 0.132 0.152 0.284 Triangular median - WestcliffX Dover P,T,H Al 0.005 0.108 0.025 0.138 Dover Dr. - Westcliff to PCH P,H INO,WT 0.327 0.495 0.822 Irvine Ave. at Westcliff P,H M 0.031 0.003 0.034 Irvine Ave. @ Westcliff- Westcliff to Dover UD NI,WT 0.5 0.5 Irvine Ave. - Dover to Holiday Road P NI,WT 0.524 0.524 Irvine Ave. - Santiago to University P,T,H Al 0.057 0.966 0.386 1.409 Jamboree Road - Bristol to PCH P,T,H Al 0.068 3.363 1.712 5.143 University Dr - Jamboree to MacArthur TX AI 0.112 0.172 0.284 Vista Del Sol P,T Al 0.121 0.316 0.437 Ford Road - Jamboree to San Miguel P,T,H AI 0.012 0.679 0.53 1.221 San Miguel - Ford Road to Avocado P,T,H Al 0.081 1.643 0.852 2.576 San Joaquin - Spyglass to Backbay Rd. P,T,H AI 0.735 2.697 1.374 4.806 PCH - Larkspur to Newport Coast Dr. P,H AT 0.559 0.626 1.185 PCH - Iris to Goldenrod P,H M 0.041 0.115 0.156 MacArthur at PCH H 0.037 0.037 PCH - Dover to Goldenrod P,H AI 1.476 1.438 2.914 0 0 El Paseo Dr T M Turf 0.101 Hardscape UD 0.101 Avocado - Waterfront to PCH P,T WT,M 0.286 0.23 0.516 Park Avenue P,H AI 0.587 0.104 0.691 Total Acreage 6.614 10.535 10.529 0.5 28.178 AD - AREA DESCRIPTION P Planter T Turf H Hardscape UD Undeveloped 0 Overall Area Measurement .. i .. M Manual WT Water Truck NI No Irrigation INO Irrigation Not Operable AI Automated Irrigation 0 Exhibit E ROADSIDE LOCATIONS Area Area Desc. Irr Acres P T H U/D O Cannery Village Parking Lot P,H AI 0.074 0.313 0.387 28th & 30th St. Parking Lots P,H M 0.115 0.715 0.83 McFadden Parking Lot P,H M 0.116 0.112 0.654 0.882 19th St. Street end - bayside P,H WT 0.013 0.012 0.025 Marina Park Parking Lot PH M 0.037 0.239 0.276 13th St. Street end - bayside P BCH WT 0.059 0.059 12th St. Street end - bayside P BCH WT 0.059 0.059 list St. Street end - bayside P BCH WT 0.059 0.059 "F" St. Street end - bayside P BCH NI 0.041 0.041 Miramar Dr. and Balboa Blvd. P,T,H AI 0.015 0.056 0.036 0.107 "I" St. Street end - bayside PjI NI 0.043 0.013 0.056 "L" St. Street end - oceanside PH NI 0.048 0.015 0.063 "M" St. St. Street end - oceanside P,H NI 0.031 0.018 0.049 Via Oporto X Central Parking Lot P,H M 0.036 0.367 0.403 Short St. X Newport Blvd. Roadside P,H Al 0.146 0.118 0.264 OCTA Bus Stop - Balboa Blvd. X 46th T H M 0.027 0.018 0.045 OCTA Bus Stop - Balboa Blvd. X River P,H M 0.033 0.024 0.057 Newport Island entrance planters P,H Al 0.014 0.009 0.023 37th - 41st St. Street ends off Seashore P Al 0.011 0.011 Prospect Street ends off Seashore P M 0.004 0.004 Orange Street ends off Seashore P M 0.002 0.002 Summit St. planter PH M 0.011 0.021 0.032 Cappy's trail/bench area UD NI 0.172 0.172 W. PCH Roadsides P,H AI 0.849 1.998 2.847 Superior X PCH Parking Lot P,T,H Al 0.486 0.205 1.145 1.836 N.W. Quadrant - Newport Blvd. X PCH UD,H NI 0.071 1.103 1.174 S.W. Quadrant - Newport Blvd. X PCH P NI 0.379 0.379 S.W. Quadrant - Newport Blvd. X PCH P,H Al 0.650 0.268 0.918 S.E. Quadrant - Newport Blvd. X PCH P,H Al 0.575 0.238 0.813 Newport Blvd. Roadsides P, H IN O 10.447 0.076 10.523 0 0 Mariners Mile Parking Lot PH AI 0.079 1.19 1.269 Rocky Point/Pelican Wall P,H Al 0.054 0.036 0.090 Dover X Westcliff P,T,H Al 0.066 0.63 a 0.118 0.820 PCH Bayshore Soundwall PH Al 0.035 0.293 0.328 OCTA Bus Stop - Bayshore Dr. X PCH PH Al 0.135 0.129 0.264 Dover Dr. Arterials - Westcliff to Mariners P AI 1.308 1.308 Dover Dr. Arterials -(N) Irvine Ave. to Mariners P AI 0.101 0.101 Dover Dr. Arterials -(S) Irvine Ave. to Mariners P NI 0.418 0.418 Westcliff Dr. Arterial (Groves) P,H Al 0.612 0.062 0.674 Westcliff Dr. X Santiago P,T,H M 0.006 0.049 0.017 0.072 Groves Bike Trail UD,P H NI 0.056 0.354 1.192 1.602 Irvine Ave. Arterial N of Private Road P,T,H AI 0.018 0.223 0.045 0.286 Tustin Avenue Streetend PH Al 0.038 0.009 0.047 Anniversary Lane Roadside P WT 0.149 0.149 Jamboree Arterial - Bison to Eastbluff Dr. (S) P,H AI 0.155 0.313 0.498 Jamboree Big Canyon Roadside UD,H NI 0.227 0.204 0.431 Port Dunbar Drive Roadside TX AI 0.741 0.526 1.267 Spyglass Hill Road Roadsides P,T,H AI 1.607 0.499 1.188 3.294 San Joaquin Hills Road Roadsides P,T,H AI 2.245 1.323 1.022 4.590 PCH - Seaward to Cameo Highlands P NI 0.496 0.496 Larkspur Street End P,H NI 0.037 0.013 0.050 Jasmine Street End P,T,H NI 0.014 0.059 0.025 0.098 Fernleaf Ramp PH NI 0.184 0.046 0.230 Bayside Drive - Jamboree to Marguerite PH NI 1.316 0.051 1.367 PCH - Jamboree to Avocado P,H WT 1.364 1.28 2.644 PCH - Bayside Drive to Jamboree PH Al 0.018 0.579 0.597 Jamboree - PCH to Bayside PH NI 0.202 0.121 0.323 Promentory Bay Plaza PH Al 0.025 0.093 0.118 Promentory Point & Channel Walk P,H Al 0.26 0.211 0.471 Balboa Island Entrance P,H M Al 0.028 0.029 0.057 Balboa Island - Grand Canal Bridge P Al 0.012 0.012 Total Acreage 25.648 3.93 14.322 2.467 46.367 AD - AREA DESCRIPTION P Planter T Turf H Hardscape UD Undeveloped O Overall Area Measurement IRR - IRRIGATION M Manual WT Water Truck NI No Irrigation INO Irrigation Not Operable Al Automated Irrigation 0 EXHIBIT F UNIT PRICES A. The Contractor agrees that for requested and /or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs. B. Contractor is advised that the unit prices will enter into the determination of the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to, materials, labor, overhead, and profit for the contractor. C. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and /or amount of labor required for added or deleted items of work. D. All work shall be performed in accordance with specifications described in the RFP. FUNCTION TURF Turf Mow Turf Mow and Clippings Picked Up Turf Edge Turf String Trim Turf Chemical Edge 6" Swath Turf Chemical Edge 12" Swath Turf Aerify Turf Fertilize Turf Dethatch /Renovate HARDSCAPE MAINTENANCE Hand sweep Gasoline Blower GROUNDCOVERS Mow Edge Fertilize COST /UNIT OF MEASURE 4.00 /1000 Sq. Ft. 5.00 /1000 Sq. Ft. 2.00 /1000 Linear Ft. 2.00 /1000 Linear Ft. 4.00 /1000 Linear Ft. 5.00 /1000 Linear Ft. 7.00 /1000Sq.Ft. 6.00 /1000 Sq. Ft. 6.00 /1000 Sq. Ft 2.00 /1000 Sq. Ft. 1.00 /1000 Sq. Ft. 4.00 /1000 Sq. Ft. 1.00 /1000 Linear Ft. 5.00 /1000 Sq. Ft. *See page 31 in the RFP (Hardscape Maintenance) 0 0 PEST CONTROL Turf disease /insect spray 3.00 /1000 Sq. Ft. Boom Application 3.00 /1000 Sq. Ft. Hand Application 5.00 /1000 Sq. Ft. Turf Broadleaf Spray 65.00 /Each Boom Application 4.00 /1000 Sq. Ft. Hand Application 4.00 /1000 Sq. Ft. Groundcover disease /insect spray 4.00 /1000 Sq. Ft. Shrub disease /insect spray 4.00 /1000 Sq. Ft. Soil Sterilant Applicant 4.00 /1000 Sq. Ft. Turf Pre - Emergent 4.00 /1000 Sq. Ft. Landscape Areas Weed Control 4.00 /1000 Sq. Ft. General Weed Control Post Emergent 4.00 /1000 Sq. Ft. SHRUB PRUNING 1 -4 Feet, Lacing 8.00 /Shrub 1 -4 Feet, Hedging 4.00 /Shrub 4 plus Feet, Lacing 10.00 /Shrub 4 plus Feet, Hedging 5.00 /Shrub TREE PRUNING up to 10 Feet 10.00 /Tree 10 -20 Feet 20.00 /Tree 20 -30 Feet 35.00 /Tree 30 -40 Feet 40.00 /Tree 40 -plus Feet 80.00 /Tree PLANTING 1 Gal. Shrub /Tree 6.50 /Each 5 Gal. Shrub 18.50 /Each 5 Gal. Tree 35.00 /Each 15 Gal. Shrub 65.00 /Each 15 Gal. Tree 90.00 /Each 24" Box Tree 275.00 /Each 64 Count Flat Groundcover 18.50 /Flat Turf - Seed and top dress 500.00 / 1000 Sq. Ft. Turf - Sod 1000.00 /1000 Sq. Ft. LABOR Landscape Maint. Laborer 16.00 /Hour Landscape Maint. Leadworker 18.00 /Hour Landscape Maint. Supervisor 30.00 /Hour Irrigation Specialist 32.50 /Hour Pest Control Applicator 50.00 /Hour Tree Trimmer 65.00 /Hour Equipment Operator 40.00 /Hour EXHIBIT G ROADSIDE AREAS BID UNIT COSTS • 6.. Area Unit Cost Cannery Village Parking Lot 708.00 28th & 30th St. Parking Lots 1520.00 McFadden Parking Lot 1615.00 19th St. Street end - bayside 50.00 Marina Trailer Parking Lot 506.00 13th St. Street end - bayside 108.00 12th St. Street end - bayside 108.00 list St. Street en - bayside 108.00 "F" St. Street end - bayside 75.00 Miramar Dr. and Balboa Blvd. 196.00 "I" St. Street end - bayside 103.00 "L" St. Street end - oceanside 115.00 "M" St. St. Street end - oceanside 90.00 Via Oporto X Central Parking Lot 738.00 Short St. X Newport Blvd. Roadside 484.00 OCTA Bus Stop - Balboa Blvd. X 46th 82.00 OCTA Bus Stop - Balboa Blvd. X River 105.00 Newport Island entrance planters 50.00 37th - 41st St. Street ends off Seashore 50.00 Prospect Street ends off Seashore 50.00 Orange Street ends off Seashore 50.00 Summit St. planter 60.00 Cappys trail /bench area 315.00 W. PCH Roadsides 5200.00 Superior X PCH Parking Lot 3360.00 N.W. Quadrant - Newport Blvd. X PCH 2150.00 S.W. Quadrant - Newport Blvd. X PCH 694.00 S.W. Quadrant - Newport Blvd. X PCH 1680.00 S.E. Quadrant - Newport Blvd. X PCH 1488.00 0 0 Newport Blvd. Roadsides 19267.00 Mariners Mile Parking Lot 2324.00 Rocky Point /Pelican Wall 165.00 Dover X Westcliff 1500.00 PCH Bayshore Soundwall 600.00 Bus Stop - Bays ore Dr. X P H 484.00 Dover Dr. Arterials - Westcliff to Mariners 2395.00 Westcliff Dr. Arterials - (N)Irvine Ave. to Mariners 185.00 Westcliff Dr. Arterials - (S) Irvine Ave. to Mariners 765.00 Westcliff Dr. Arterial (7r-ov-esT 1234.00 Westcliff Dr. X Santiago 132.00 Groves Bike Trail 2930.00 Irvine Ave. Arterial N of Private Road 524.00 Tustin Avenue Street end S6•00 Anniversary Lane Roadside 273.00 jamboree Arterial - Bison to Eastb of I Dr. () 912.00 Jamboree Big Canyon Roadside 790.00 Port Dunbar Drive Roadside 2320.00 Spyglass Hill Road Roadsides 6032.00 San Joaquin Hills Road Roadsides 8405.00 PCH - Seaward to Cameo Highlands 908.00 Larkspur Street End 92.00 Jasmine Street End 180.00 Fernleaf Ramp 421.00 Bayside Drive - Jamboree to Marguerite 2500.00 P H - Jamboree to Avocado 4840.00 P H - Bayside Drive to Jamboree 1094.00 jamboree - PCH to Baysi e 592.00 Promontory Bay Plaza 216.00 Promontory Point & Channel Walk 862.00 Entrance to Balboa Island 105.00 Balboa Island - Grand Canal Bridge 50.00 Total 85041.00 EXHIBIT H MEDIAN AREAS BID UNIT COSTS Median Unit�t /ear Area Unit Cost St. X Balboa Blvd. 100.00 Balboa Blvd. - Medina Way to 21st St. 62.00 Balboa Blvd. - Medina Way to 21st St. 408.00 McFadden Interchange Medians 536.00 Villa Way X 29th St. 62.00 M St. Median 170.00 Via Lido - Newport Blvd. to Via Operto 115.00 Newport Blvd. X Via Lido 293.00 Clubhouse X Finley 70.00 Balboa Blvd. - PCH to 32nd St. 705.00 Newport Blvd. - PCH to Industrial Way 1855.00 PCH - Santa Ana River to Newport Blvd. 3436.00 H - K of Riverside Avenue 170.00 St. James Road X Kings Place 60.00 Margaret Dr. between Tustin & Irvine 20.00 Westcliff Dr. - Irvine Ave to Dover 520.00 Triangular median - Westcliff X Dover 252.00 Dover Dr. - Westcliff to PCH 1500.00 Irvine Avenue at Westcliff 62.00 Irvine Ave. Westcliff to Dover 915.00 Irvine Ave. - Dover to Holiday Road 959.00 Irvine Avenue - Santiago to University 2580.00 Jamboree Avenue - Bristol to PCH 9400.00 University Dr - Jamboree to MacArthur 520.00 Vista Del sol 800.00 Ford Road - Jamboree to San Miguel 2235.00 San Miguel - Ford Road to Avocado 4716.00 San Joaquin - Spyglass to Backbay Rd. 8800.00 PCH - Larkspur to Newport Coast Dr. 2170.00 , • • PCH - Iris to Goldenrod 285.00 MacArthur at PCH 68.00 PCH - Dover to Goldenrod 5335.00 El Paseo Dr 185.00 Avocado - Waterfront to PCH 945.00 Park Avenue 1265.00 Total 51,574.00 0 Exhibit I Required Reports 1. Annual Maintenance Schedule 2. Weekly Maintenance Schedule 3. Weekly Performance Report 4. Monthly Chemical Use Report (as sent to County Agriculture Commission) 5. Monthly Fertilizer Use Report 6. Proposed Pesticide List with EPA numbers 7. Monthly Phone Log with action taken 8. Weekly irrigation check list 9. Monthly irrigation controller programming charts 10. Extra work approval list 11. Weekly inspection list 12. Backflow certification forms 13. Annual pesticide safety training records 14. Required tailgate safety meeting records E City Council Agenda Item No. February 13, 1995 TO: Mayor and City Council FROM: General Services Director G_ ;3033 SUBJECT: Privatization of Roadside Landscape Maintenance Recommendation N7 FFR 1 3 1945 That the City Council approve the privatization of roadside landscape maintenance by accepting the proposal of Landscape West Inc. at an annual cost of $136,615 for a period of five years and direct staff to implement the reassignment of the four impacted employees concurrent with the beginning of work by the contractor on March 1, 1995. Background At its September 26, 1994 meeting, the Council accepted a report prepared by Integrated Urban Forestry, Inc., which recommended the privatization of all roadside landscape maintenance. A copy of the staff report and IUF study is attached. Shortly after this Council action, both the preparation of a Request for Proposal (RFP) for roadside landscape maintenance services and a commencement of the meet - and - confer process occurred. Meet - and - Confer Process The City directed its authorized representatives in September 1994 to meet -and- confer with the authorized representatives of the Newport Beach Employees League (NBEL) to discuss the effects the privatization would have on four employees who would be reassigned to lower paying positions following the award of the contract. 41 It was explained to the NBEL representatives that no layoffs would be required in turning over this work to a private contractor, because the City had maintained four open positions in the Parks Division through attrition. However, after privatization, four employees would be reassigned to lower paying positions due to the elimination of one of five supervisory positions in the Park Maintenance Division. The City representatives and the NBEL representatives met - and - conferred extensively during five scheduled meetings, 1 0 0 and additionally the City Personnel Director spoke on several occasions with the NBEL bargaining representative by telephone in an effort to develop a solution which would be satisfactory to all parties concerned. In the final analysis, most of the proposals presented by the NBEL were not acceptable to the City because of cost. The City did, however, agree to provide a limited amount of release time for the effected employees for the purpose of interviewing for other positions outside the City. The City also agreed to explore the possibility of in -house vocational retraining for these four employees on a case by case basis. Staff believes that the City has fulfilled its legal obligation to meet and confer in good faith on the effects of this matter. Biddine Process The RFP was prepared by staff simultaneously with the research and identification of competent landscape contractors. The latter was narrowed to a field of six contractors, each of which had established a record of superior performance with various local governmental agencies. The RFP was distributed to the six contractors on December 16, 1994. Five bids were opened on January 12, 1995 with bids ranging from $136,615 (Landscape West) to $357,384. The additional costs to perform the contract without the use of leaf blowers ranged from $16,848 to over $99,000 per year. Should the City accept the low bid of Landscape West Inc., the savings are projected to be $143,113 per year or $715,565 in five years. The contract would not have a CPI increase clause, so no projected savings would be lost to annual adjustments. ntractor Oualification Staff has conducted a thorough analysis of the low bidder, Landscape West, Inc., to ascertain the performance level and financial stability of the firm. As part of the research, field checks of the contractor's median landscape maintenance were conducted in Huntington Beach, Mission Viejo, and San Clemente. Each location was found to be well maintained. Landscape West, Inc. has operated in over 30 cities throughout Southern California for as long as 15 years. The firm was chosen from a large field of contractors by the City of Palm Springs to assume all parks and roadside landscape maintenance when that City privatized those functions in 1994. 2 y E 0 Financial documents were provided to staff by Landscape West, Inc. which notes the company's access to lines of credit as well as documenting the financial security of the firm. Staff has no reservations regarding the performance qualifications and financial security of Landscape West, Inc. Summary If approved, the privatization of roadside landscape maintenance would be the second major Department privatization effort after last year's successful privatization of the tree trimming function. Numerous examples of partial privatization are available throughout the City, but none of the level associated with trees and landscape maintenance. The opportunity to privatize occurs at a time when fiscal resources are anticipated to become even more scarce than in prior years, due to sluggish City revenues and growing operational costs. The annual and five year savings of $143,113 and $715,565 respectively, is particularly good news. While the demotion of four employees represents a cause for the concern of the Department morale, had management staff not maintained four personnel vacancies since the privatization study started, we would now be faced with layoffs of four employees instead of demotions. Staff concludes with the recommendation that the Council approve the privatization of roadside landscape maintenance by the acceptance of the low annual bid of $136,615 for five years submitted by Landscape West, Inc. Upon Council approval, staff will complete the execution of a service contract with the intention of a starting date of March 1, 1995. The reassignment of the four employees and the disposal of maintenance equipment will occur simultaneously with the contract commencement. Very respectfully, David E. Niederhaus DEN /es Attachments 3 0 6 City Council Agenda Item No. 16 September 26, 1994 TO: Mayor and City Council FROM: General Services Director SUBJECT: Privatization of Roadside Landscape Maintenance Recommendation That the Council accepts the consultant's report recommending the privatization of all roadside landscape maintenance and directs staff to commence the meet and confer process with the Newport Beach Employees League. Background In November, 1992, the City Council directed each department to fully explore all privatization possibilities. Subsequently, the staff of the General Services Department studied 11 different functional areas and privatized portions of six. The most significant action was the privatization of the majority of the tree trimming operation. In January, 1994, seven of the 11 positions of the Street Trees Division were privatized after a similar consultant study. Subsequently, a private contractor was hired on a "piggyback" contract and has done an excellent job of trimming City trees at lower costs and higher production than the previous City staff. One of the areas studied earlier, that of roadside landscape maintenance, was identified in December 1993 as a potential privatization opportunity. A study was commissioned in April utilizing the firm of Integrated Urban Forestry, Inc. The study, which is attached, projects an estimated minimum savings of $100,000 by contracting out the maintenance functions of all roadside areas and recommends the privatization of six positions. Discussion The private landscape maintenance industry has experienced similar effects of that of the private tree trimming industry: a slow economy, a reduced customer base, and lowered earnings. Consequently, the private landscape companies have become extremely competitive in Orange County, presenting an opportunity for significant savings at a time when the City may face further budget cutbacks from the State. Integrated Urban Forestry Inc., the firm which conducted the tree maintenance privatization study, has .provided a comprehensive look at the City maintenance of medians. The consultant has provided a dual comparison by not only comparing City operations to private industry, but to recognized industry standards as well. 0 0 Staff provided key items of data for the NF consultant including a precise measure of the acreage of not only the roadside areas but all City landscaped areas, the status of the medians in regards to irrigation, the number of personnel directly assigned to roadside maintenance and their salaries and benefits, and the number and cost of associated maintenance equipment, tools, chemicals, etc. One of the benefits of this report was to update this data for daily management and plarming. After receiving this information, NF then compared this data with the actual private industry cost, equipment, and manning statistics and with recognized industry standards. In addition, NF did a field evaluation of the roadside areas and graded City maintenance crews' performance and plant design and selection accordingly. Since this study commenced in April 1994, staff has participated directly in the review of numerous drafts to ensure that the consultant has a clear understanding of City operations and that this report fairly represents the situation. The consultant worked closely with the City staff in assessing not only the actual staff and costs associated with the roadside maintenance efforts, but to interview interested employees to identify other factors that affect the roadside maintenance operation (see Appendix A- Interviews). The latter was recognized as a flaw in the Tree Maintenance Privatization Study of 1993 and corrected by the current interview process. Each of the employee concerns are addressed by management staff comments where appropriate. nsultant Conclusion • While City median crews perform "quality work" and "an adequate level of service," the productivity of the City roadside maintenance staff is evaluated by the consultant as "very low." • The Parks Maintenance Division is subject to "special maintenance challenges" affecting productivity that could be corrected by additional funding. • The private sector or the recognized industry standards costs to perform present City- staffed roadside maintenance functions are less expensive than City- staffed operations. This is primarily due to the lower contractor salary and benefits costs which provides the major portion of the cost savings of the private sector. Staff does not dispute that fact. P S noted earlier, the downturn of the economy has forced the private landscape industry to become extremely competitive. This trend is not expected to reverse in the next two to three years. • The City should contract out all roadside maintenance service which would include medians, paseos, and other roadside areas. • The City could save a minimum of $100,000 by converting to a private contract for roadside landscape maintenance. 2 0 0 The City should consider "piggybacking" onto a current qualified municipal landscape contract with a proven contractor. The City should encourage the contractor to offer jobs to displaced City employees if layoffs become necessary. Consultant Recommendations • IUF recommends that the City of Newport Beach privatize roadside landscape maintenance operations. This will result in a cost savings to the City of approximately $100,000. (Staff concurs with qualifiers, as identified in the staff recommendations below.) • To privatize six employee positions including an Equipment Operator, two Groundworkers 11's, one Groundworker 1, and two Park Laborer positions. • The preparation of a request for proposal and a contract must be thorough. (Staff concurs.) • The use of "piggybacking" onto a similar existing municipal private contract should be strongly considered. (Staff concurs provided costs obtained by "piggyback" bid are as good or better as can be obtained by competitive bid and quality is not sacrificed.) • Evaluate the hiring of displaced City employees by the selected private contractor. (Staff concurs, however, five positions have been kept vacant (filled with temporary workers for the summer) so this will not be as significant, although meet and confer negotiations must still be conducted.) Analysi Staff does not dispute the consultant's conclusions except for the evaluation of City staff productivity. There are numerous factors that affect field crews and their productivity such as the type and quality of landscaping, lack of capital improvement funds to replace inoperative irrigation systems and labor intensive plant materials, and a variety of extra assignments such as special events that frequently detract from productivity. These factors will not disappear with the privatization of roadside landscape maintenance. Each will require additional funding or personnel to resolve. This could be resolved by not privatizing all of the six positions and using some of the savings to make capital improvements. The consultant's interviews with Parks staff (contained in Appendix A of the study) identify some of these factors. To reemphasize, the consultant's use of the term "low productivity" was not interpreted to mean City employees are slow in the performance of their assignments, but rather that the City costs are higher than private industry costs thereby causing lower productivity relative to a cost per unit of work standard. 191 0 0 One facet of the consultant study that should be explained is the unusual increase in Salaries and Benefits of Table I between the Fiscal Years of 1991 -92 and 1992 -93. The majority of the overall increase in salaries and benefits was as a result of the decision in 1992 to transfer personnel benefits funding from the Maintenance and Operations budget category to the Salaries and Benefits budget category. Although the consultant added appropriate footnotes to explain the discrepancies, it would be easy to misinterpret the overall cost totals. This misconception is further illustrated by the consultant's statement on page 4, the fourth paragraph of Section 1.1.2 that "the average salary per employee has doubled" in five years. And while the consultant explains why his statement is flawed, the initial comment is not easy to disregard. The consultant has caused some further confusion by using different amounts for salaries of City employees. For example, some tables include only salaries such as Table V, while others include salaries and benefits. Additionally, Fiscal Year 1993 -94 salary levels were used in Table X rather than Fiscal Year 1994 -95 salary levels because the landscape industry standards have not been published for 1994. Most importantly, however, Table VII accurately depicts current salary levels of those positions to be privatized and therefore the report accurately provides projected savings by using Fiscal Year 1994 -95 salary levels. One topic, briefly mentioned by the consultant but emphasized by employees during the interview process, is the ratio of supervisory personnel to workers. As personnel reductions have occurred from FY 90 -91 to present (43 to 31), the number of supervisory positions (5) has remained constant. With a possible further reduction of six more non - supervisory positions, it is necessary to consider supervisory personnel reductions to maintain a level of balance. The larger percentage of supervisors per worker also skews the Average Salary /Employee findings of Tables I and X. It should be noted that the Superintendent also manages the Tree Division; therefore, a portion of his salary is for management of that Division yet the consultant failed to acknowledge that cost discrepancy. There are additional savings to privatization that NF did not address, such as reduced costs associated with fewer demands for personnel management and a decreased rolling stock maintenance requirement. These savings are difficult to quantify in dollar amounts. City staff conducted a separate study into the status of 11 other cities' interests or actions in regards to privatization of roadside landscape maintenance. We found that since we started the attached study in July 1993, more cities had converted (Costa Mesa, Tustin, and Cypress), bringing the total to 10 of 11 cities which had selected to use a private contractor. The trend in the County has clearly been to privatization of median and roadside landscape maintenance. Cities which have converted have realized cost savings and experienced a min mum of problems with the private contractors. It should be noted that an earlier experiment with parks and median landscape maintenance failed in the late 1970's. After a similar privatization study, portions of the Jamboree Road median and Eastbluff Park were bid out to a private contractor. After one year, the private contractor quoted a substantial increase to his original bid, at 4 0 0 which time the City returned to in -house services. This problem area could best be addressed by stipulating a three to five year contract with a set annual cost as was done in contracting the tree trimming function. Staff Recommendations • Privatize four of the six employee positions identified with roadside landscape maintenance. (Eliminate 1 Equipment Operator, 2 Groundsworker It's, 1 Park Laborer positions). • Eliminate one of the two Parks Maintenance Supervisor positions in order to retain two of the six positions (one Groundsworker I and one Parks Laborer) identified with roadside landscape maintenance. This results in a net loss of five positions. • Utilize the majority of the portion of the salary savings from deleting the four positions, three trucks, and assorted expenses to fund privatization of the roadside landscape maintenance function. • Consider the use of a portion of any remaining savings to make capital improvements to roadside maintenance areas to increase efficiency. • Evaluate the possible use of a "piggyback" bid by assessing other municipal contractors and the performance of contractor. • Assess and implement the additional consultant cost savings measures wherever feasible. • Accept the consultant's report. • Direct staff to commence the meet and confer process with the Newport Beach Employees League. Staff recommendations result in a minimum annual savings of $110,000 while eliminating one supervisor and four Parks Maintenance personnel positions. The annual salary and benefits difference of one supervisor ($65,287) versus the annual retention costs of one Groundsworker I and one Parks Laborer (total $64,819) is minimal, but this action would ensure adequate staffing for the myriad of maintenance requirements beyond roadside maintenance that are addressed throughout the report. Further., an improved balance between supervisors and workers could be achieved. With five current vacancies in the General Services Department, no layoffs are anticipated, however, as many as seven personnel could experience salary reductions and /or demotions, and possible reassignment to other divisions within the Department. Any personnel changes such as salary reductions are subject to a meet and confer process with the Newport Beach Employees League. Upon Council direction, staff will begin negotiations. A recently compiled employee seniority list will be utilized to 61 0 0 determine which employees are directly affected and what management actions are necessary should a decision be made to privatize the roadside landscape maintenance function. Review Process The Parks, Beaches, and Recreation Commission assessed the privatization proposal on September 6 and unanimously accepted the consultant report and staff recommen- dations. The Commission directed staff to forward the report to the Council for consideration. The proposed privatization schedule is attached. There has been no feedback from the NBEL, individual employees, nor the public at the time of the preparation of this report. Summary The consultant's study provides ample evidence that private contractors are more competitive than City crews in regards to roadside landscape maintenance. After a careful review of the consultant's major recommendations and a separate survey we have conducted regarding cities that have or are in the process of privatizing similar activities, staff recommends that the consultant's study be accepted and that the Council support the privatization of the roadside landscape maintenance function. Upon a favorable decision on staff's recommendations, we will proceed with commencing the meet and confer process with the NBEL and continue assessing current roadside landscape maintenance contracts and contractors used by other local governments with the goal of having a contractor in place by January 1, 1995. Very respectfully, David E. Niederhaus DEN /an Attachments: (a) Cost Analysis for Privatizing_ Roadside Landscape MaintE (b) Summary of Survey of Municipal Privatization Activities (Roadside Maintenance) (c) Proposed Privatization Schedule for Roadside Landscape Maintenance 9 F r� V{ z U w O z O N a ! —I a z 0 H� F a yy� U N ^ r H Vl a H U A H U V' O] d a /:C' N m � m N \ N � � N C o C G W N 3 N J � ❑ � G `� C � O V N QJ ro N F- ro N � o p x 0 N N w o'J CO a` O ro U1 ti U ❑ U] u -O m C m Co x o m ro G N U) 3o x y x y q a O � m .i' N m m o am o co 0 o 0 0 �n 0 o c'o c w Ink tr q U Y ❑ UI, ! —I a z 0 H� F a yy� U N ^ r H Vl a H U A H U V' O] d a /:C' City of Newport Beach Proposed Privatization Schedule for Roadside Landscape Maintenance EVENT Discuss Concept in Closed Session with Council Provide NBEL with Copy of Report and Staff Recommendations Announce Consultant findings to Parks Division Personnel PB &R Commission Packets Mailed (Report becomes public document) PB &R Commission consideration at monthly meeting Assess PB &R Commission comments, employee and NBEL input, and Public Comments Comprehensive Assessment of Current Other City Contracts and Contractors' Performance Prepare and Submit Council Agenda Item Council Initial Consideration (Evening Agenda) (Request for authority to meet and confer) Meet and Confer Process with League Begins Council Approval of Privatization Preparation of Request for Proposals, Bid Tabulations, etc. Selection of Contractor Contractor in Place (off season) and any layoffs or reassignments of City staff Disposal of maintenance equipment DATE August 22, 1994 August 30 September 1 September 6 September 7 - 12 September 7 - 23 September 12 - 16 September 26 September 27 October 24 October 25 - November 11 January 1, 1995 January 1, 1995 Prepared by General Services Department August 21, 1994 /. FFR 1 319 COST ANALYSIS FOR PRIVATIZING ROADSIDE LANDSCAPE MAINTENANCE Pmpamd for City of Newport Beach, General Services Department COST ANALYSIS FOR PRIVATIZING ROADSIDE LANDSCAPE MAINTENANCE Prepared for City of Newport Beach Mr. David E. Niederhaus, General Services Department 3300 Newport Blvd., Newport Beach, California 92659 -1768 (714) 644 -3055 Prepared by: Integrated Urban Forestry, Inc 23441 South Pointe Drive, Suite 150 Laguna Hills, California 92653 (714) 837 -5692 September 1994 ITable of Contents Section Page Executive Summary ................... ............................... l 1.0 FACT FINDING ................ ............................... 3 1.1 Gather Pertinent Information .. ............................... 3 ' 11.1 Methods Used 3 1.1.2 Current budget and budget trends ......................... 4 1.1.3 Staffing Levels. Salaries and Benefits ...................... 7 ' 1.1.4 Equipment 9 1.2 Current Condition of City Maintained Roadside Landscapes .......... 11 1.2.1 Scope and quantity of work ............................ 11 ' 1.2.2 Design and plant material selection ....................... 11 1.2.3 Quality of work performed ............................ 12 2.0 COST COMPARISON ........... ............................... 13 2.1 Newport Beach Roadside Landscape Cost Savings ................. 13 2.2 City Personnel Costs v. Private Sector .......................... 15 2.3 Private Contractor Costs and Net Savings 15 2.4 Newport Beach v. Other Public Sector ......................... 16 3.0 ANALYSIS AND RECOMMENDATIONS ........................... 17 3.1 Current City Costs v. Private Sector ........................... 17 1 3.2 Recommendations for Privatization ............................ 18 3.3 Effects of Privatization ..... ............................... 18 3.4 Costs Saving Measures For an In -house Program .................. 19 TABLES ' Table I - ParksMaintenance Division Budget . ............................... 5 Table II - Roadside Landscape Acreage as a Percentage of Total .................. 5 Table III - Details by Area .............. ............................... 6 ' Table IV - Workload Indicators 7 Table V - Staffing Levels and Salaries of the ParksMaintenance Division ............ 8 Table VI - Equipment Used by the ParksMaintenance Division with Monthly Rental Rates 10 Table VII - Potential Staff Eliminations with Privatization of Roadside Area ' Maintenance .................. ............................... 13 Table VIII - Equipment, Materials, and Supplies Associated with Roadside Landscape Maintenance .................. ............................... 13 I Table IX - Total Cost Elimination with Privatization of Roadside Area Maintenance ... 14 Table X - Salary Comparison ........... ............................... 15 Table XI - Projected Annual Costs for Roadside Maintenance and Net Savings ....... 16 APPENDIX A Interviews with ParksMaintenance Crews and Supervisors ' Executive Summary Both the management and citizens of Newport Beach would like to maintain the public street medians, paseos, and other roadside landscape areas in a high quality manner, in the most ' cost effective way. The purpose of this report is to determine how the landscape management needs of the City, residents, and these City landscaped areas can best be met while achieving this goal. Integrated Urban Forestry (IUF) analyzed the current maintenance effort and ' provided recommendations regarding these services. Therefore, this report addresses both the physical aspects of the roadside landscaping and maintenance as well as other matters that cannot necessarily be quantified, such as the need for timely, courteous, and dependable service as well as various miscellaneous services. The report utilizes information from different areas to help define the scope, condition, and ' complexity of the Newport Beach roadside landscape, and the means and anticipated costs necessary to perform the work. The report is not intended to be an exhaustive inquiry, but rather a survey of data representing the Parks Maintenance Division operational parameters and limitations. Information and data provided by the staff from the City of Newport Beach were analyzed against private industry, maintenance services from other cities, and industry time- efficiency standards. Through this comparison, the following conclusions were drawn: ' The City crew does quality work and generally gives an adequate level of service to the community. • The City crew is compensated substantially higher than private industry workers performing the same tasks. ' The time and costs to perform general landscape maintenance activities for the City are high and thus, the productivity is low relative to a cost per unit of work standard. • The General Services Department and the Parks Maintenance Division have been presented with some special maintenance challenges that could be corrected with additional capital investment. ' The Newport Beach median landscape maintenance situation is typical for most cities. The public sector can provide the same high quality performance and service as the private sector, but cannot offer the same service at the same price. Based on the findings, analysis of data, comparisons, and conclusions, and assuming that all of the current levels of services afforded to the City by the City crews are performed at least ' as adequately by a qualified landscape maintenance contractor, we mcommend that the City of Newport Beach contract out roadside landscape maintenance services. Consideration should be given to "piggy - backing" this service onto a current, qualified contract from a ' neighboring city, with a proven contractor. "Piggy- backing" bids could be compared with any current municipal competitive bids of assured quality contractors. I We also recommend that the City evaluate the contractors desire and ability to hire cunent City employees if the City is forced to consider layoffs. This arrangement would be advantageous to the City, employees, and the contractor due to the skill and familiarity of the current employees with the City landscaped areas and their history. NF projects the City will save an estimated $100,000 by contracting out the maintenance function of medians, paseos, and other roadside areas. In exchange for these savings, privatization will impact the current structure and operation of the Parks Maintenance Division. However, IUF contends that the benefits of privatization outweigh any negative consequences. Whether or not these landscape maintenance functions are privatized, the City can realize significant long and short term savings in general park maintenance and the existing maintenance program by implementing the provided recommendations. 2 DEFINITIONS Certain terms used in this report will have the following definitions. Hardscape - All man -made items associated with a roadside landscape, e.g., curb, pavers, ' lighting, irrigation system, benches, etc. Roadside landscapes - All medians, paseos, project entrances, pocket parks, and other street ' landscaped areas maintained by the City of Newport Beach. Excludes major parks and City facilities. ' Theme, Landscape - Landscaping that has as its common denominator plant types and often irrigation valves. Examples include turfgrass areas, shrub massings, etc. ' 1.0 FACT FINDING The following fact finding section will utilize information from interviews and City records to help define the following: the quantity, size, condition, and quality of maintenance, scope of work performed, and costs needed to maintain the roadside landscaping of Newport Beach Also calculated are the anticipated costs necessary to perform the work by the private sector. The Fact Finding section is not intended to be an exhaustive inquiry into the Division and its operations, but rather a survey of data representing its operational parameters. In this section, data from budgets and other documents and interviews are tabulated with ' some accompanying computations. Comments, analysis, and comparisons are found in the latter sections. 1.1 Gather Pertinent Information 1.1.1 Methods Used The historical roadside landscape maintenance expenses have been estimated by using the budgetary information made available over the last three years of operation, and from ' information obtained by interviewing supervisory staff and crews. Assuming that the scope of work has not changed substantially within this period, City maintenance costs will be estimated using the following different approaches in order to establish historical and anticipated costs: • Division management has estimated total man-hours spent on maintaining the ' roadside landscapes for each job position and the respective equipment used. This information has been computed with their appropriate salaries (with benefits) and costs. All overhead and other costs were estimated based on a representation of ' roadside landscape acreage as a percentage of total acreage maintained by the Division. ' 3 • IUF compared the Newport Beach roadside landscape maintenance costs to other cities who have contracted this service. We also obtained from qualified landscape contractors experienced in performing roadside landscape maintenance estimates for performing equivalent work based on the scope of work provided by Division staff. • Using IUF derived landscape maintenance time standards and roadside landscape theme acreage, IUF has provided an estimate of the costs necessary to maintain the roadside landscapes. 1.1.2 Current budget and budget_ trends In this section, the changes in budgetary components for the comparison period are evaluated. Included in this evaluation are trends such as number of employees, change in scope or quantity of work, and total annual operating costs. Also evaluated are any significant increases in uncontrollable costs that may affect the total operating budget. In reviewing these costs, consideration was given that the City has many high profile, high quality roadside areas that have been costly and difficult to maintain. On the following page, Table I - Parks Maintenance Division Budget represents the total costs of the Division while Table II - Parks Maintenance Division, Roadside Landscape Percentage represents the costs for roadside landscape maintenance only based on a percentage of the total acreage maintained by the Division. Trends in the budgets over the last five years include a significant decrease in capital expenditures from Fiscal Year 1991 -92 to date. There is no capital outlay funding (equipment, etc.) projected for Fiscal Year 1994 -95. Capital improvement project funding continues at a diminished level. Salaries, as a percentage of total operating and capital budgets, peaked at 80% of the total Parks Maintenance Division budget in 1992 -93, and 79.5% in 1994 -95. Total expenses have stayed rather consistent since 1990 -91. During this same time period, the number of employees has decreased approximately 29% while the average salary per employee has doubled. A portion of the increase is due to as many as twelve full -time temporary personnel being employed at $7.50 per hour without a benefit package prior to Fiscal Year 1991 -92. A second reason for the salary doubling is that prior to Fiscal Year 1991 -92, benefits were not reflected in salary calculations; rather, they were shown in the "maintenance and operations" category. The Fiscal Year 1994 -95 Average Salary/Employee figure of $49,049 also includes an 8.5% salary increase and a greater percentage of supervisory personnel at higher salaried positions than the previous fiscal year, as a result of eliminating three non - supervisory positions in FY 1994 -95. The median acreage in Table II was based on the recent measurements shown in Table III - Roadside Landscape Measurements and Breakdowns located on the subsequent page. This information was provided by the Parks Maintenance Division staff who were responsible for the measurements and was used as a basis for calculation in this report. Table III depicts the plant type, irrigation method, and acreage of each median. It does not include other roadside landscape areas such as paseos, project entries or street -side areas. V, Table I - Parks Maintenance Division Budget Ctassificatiitiir 1989 -90 Actual ": '199t19I * %- ; Actrial 1,99192* tictual, " ig92 93 ; "" Actual: 1993 4 Estixiunct . T99A;95 ; .. Reed` Salaries & Benefits $1,020,856 $1,137,320 $1,176,755 $1,579,096 $1,496,300 $1,520,527 Maintenance & Operations $612,244 $621,165 $622,350 $377,939 $448,420 $392,929 Capital Outlay $54,778 $91,425 $30,500 $7,199 $5,816 1 $U Totals $1,687,878 $549,910 J$IJ29,665 1$1,964,234 1$1,950,536 $1,913,456 Salary as %of Total 1 60.5%1 61.5%1 64.3%1 90.4%1 76.7%1 79.5% No fidl time egvfit employee 43.63 43.531 401 42.21 341 31 Avg. Salary/Ennplo ce ** $23,398 $26,067 1 $29.419 1 $37,419 1 $44,009 1 $49,049 Cost /acre, as -//.of total •` $6,946 $7,367 $7,225 $7,756 $7,702 $7,639 { ' Prior to Fiscal Year 1992 -93, benefits were included in the Maintenance and Operations category. ** Benefits are included in the 1992 -93, 1993 -94, and 1994 -95 "Average Salary/Employee" fig= Table If - Roadside Landscape Acreage as a Percentage of Total 5 1988 90 - .199 -9I :199192 1"2 =93 199391 1991 95 x : ;<: Parks 154.00 156.35 156.35 156.35 156.35 156.35 City facilities 43.63 43.63 43.63 43.63 43.63 43.63 Medians 23.69 28.82 30.95 30.95 30.95 28.18 ** Pascos & other roadside areas 21.68 22.31 22.31 22.31 22.31 22.31 Total Acres 243.00 251.11 253.24 253.24 253.24 250.47 Roadside acreage, %of total 18.70% 20.4% 21.0% 21.0% 21.0% 20.2% Cost, as %of total $315,140 $376,671 $384,792 $413,107 $410,226 $385,716 Cost /acre, as -//.of total •` $6,946 $7,367 $7,225 $7,756 $7,702 $7,639 Data taken from City of Newport Beach's 'Budget atinatos for 199495." Based on acreage in the document "Median Measurements and Breakdowns" provided by Park Maintenance Division staff and shown in Table 111. There has been no actual reduction in acreage; the 199495 figure is based on a recent remeasuremenl and more accurately depicts true acreage than in past years . The median figure does not include adjacent roadside areas that are often maintained together. Roadside acreage is included in paseos. Depicts the cost per acm only; does not account for arying maintenance requirements of other areas. 5 r r r 1 1 r r Table III - Details by Area Area - Ax+ea llesc ' tiara Irri atinn Acses ": P.. - Tr H iD Q "` G St. X Balboa Blvd P,H M 0.032 0.022 0.054 Balboa Blvd -Medina Way to 21st St. P M 0.034 0.034 Balboa Blvd -Medina Way to 21st St. P NI,WT 0.223 0.223 McFadden Interchange Medians P,T,H M 0.032 0.241 0.020 0.293 Villa Way X 29th St. P,H M 0.020 0.014 0.034 M St, Median P,T,H At 0.003 0.051 0.039 0.093 Via Lido - Newport Blvd to Via Operto P,H AL 0.025 0.038 0.063 Newport Blvd X Via Lido P,H At 0.019 1 0.141 0.160 Clubhouse X Finley P,H M 0.020 0.018 0.038 Balboa Blvd - PCH to 32nd St. P.H Al 0.068 0.317 0.385 Newport Blvd - PCH to Industrial Wav P,H INO,WT 0.461 0.552 1.013 PCH - Santa Ana Riverto Newport Blvd P.H At 0.607 1.270 1 1.877 PCH - E. of Riverside Ave Rif M 0.016 0.077 0.093 SL James Rd X Kings PI P,T M 1 0.005 0.028 0.033 Margaret Dr. between Tustin and Irvine P NI,WT 0.007 0.007 W estelilrllr. - Irvine Ave to Dover P,H INO WT 0.132 0.152 0.284 Triangular median- WestcliffX Dover P,T,H At 0.005 0.108 0.025 0.138 Dover Dr. - Westcliff to PCH P,ll INO,WT 0.327 0.495 0.822 Irvine Ave, at Westcliff P'H M 0.031 0.003 0.034 Irvine Ave. rWestclitf- WestelitT to Dover UD NI 0.500 0.500 IrvineAve. - Dover to Holiday Rd P NI,WT 1 0.524 0.524 Irvine Ave - Santiago to University P,T,H Al 0.057 0.966 0.386 1.409 Jamboree Ave. - Bristol to PCH P,T,H At 0.068 3.363 1.712 5.143 Universtiy Dr- Jamboree to MacArthur T Il At 0.112 0.172 0.284 Vista Del Sol P,T At 0.121 0.316 0.437 Ford Rd - Jamboree to San Miguel P,T,II At 0.012 0.679 0.530 1.221 San Miguel- Ford Rd. to Avocado P,T,H At 0.081 1.643 0.852 2.576 San Joaquin - Spyglass to Backbay Rd P,T,H AI 0.735 2.697 1.374 4.806 PCH - Larkspurto Newport Coast Dr. P,H AI 1 0.559 0.626 1.185 PCH - Iris to Caoldenrod P,H M 0.041 0.115 0.156 MacArthur at PCH H 0.037 0.037 PCH - Dover to Goldenrod PFI At 1.476 1.438 2.914 El Pasco Dr T M 0.101 0.101 Avocado - Waterfront to PCH P,T WT,M 0.286 0.230 0.516 Park Ave P,H At 0.587 0.104 0.691 Total 6.61 10.54 10.53 0.50 28.18 Legend P = Planter T = Turf H = Hardscape UD = Undeveloped O = Overall Area Measurement M = Manual WT = Water Truck NI = No Irrigation INO = Irrigation Not Operable Al = Automated Irrigation 51 Below, Table IV - Workload Indicators summarizes various data that impact the amount of work required, e.g., acreage, amount of different types of plant material, personnel, etc. over the past four years. Table IV - Workload Indicators w6d' loatl Indicators ":: ;; _._ . 1941 x1c 19913, iActnat . '19934 " �s' 1994 s:; I ... Acres of parks maintained 156.35 156.35 156.35 156.35 Acres of medians maintained 28.82 30.95 3095 28.18 Acres of City facilities maintained 43.63 43.63 43.63 43.63 Acres ofpaseos maintained 22.31 22.31 22.31 22.31 Total acres ofturf mowed (annualized) 51200.50 5,200.59 5,200.59 5,206.56 Total miles of turf edged (annualized) 648.91 648.91 648.91 650.88 Miles of ground cover edged 39.80 40.19 40.19 40.64 Nund>erof shrubs inlandscaped areas 43,970 52,139 52,139 52,476 Number of trees in the landscape 8,659 8,916 8,916 8,954 Number of park's 38 38 38 38 Nun-ber of full -time equivalent employees 1 40.00 42.20 34.00 31.00 1.1.3 Staffing Levels. Salaries and Benefits Discussed and tabled on the following page are the salaries for all employees of the division. All salary figures include cost for City benefits which amounts to an additional 33% added to the base salary. All regular Parks Maintenance Division personnel receive the following benefits -- no employee has auto or bonus benefits: • Health, Dental, Vision • Life Insurance • Vacation • Disability Insurance • Retirement Plan • Sick Time • Holidays Also included in Table V on the following page are the staffing levels of the Parks Maintenance Division during budget years 1994 -95. This data was taken from the City of Newport Beach 'Budget Estimates for Fiscal Year 1994 -95." Note that the acreage changed because of remeasurement, not as a result of a decrease in area maintained. With constant actual acreage, Table V reveals a four year trend of the Division responsible for a similar number of acres maintained by a decreasing number of employees. Because the acres - per - employee ratio is increasing, so then is the resultant workload. 7 C O N j Q U U r C a N aA.. w 0 ur O LIP) v v a r c w rn F V 7, l� � 00 00 V1 M cY N O M 00 � N O` O` ON ON Vl 7 N m m cl r- \O �O O; N O t` 6G9 6G9 6a9 Gq 099 669 M N 14 69 69 69 69 V O M V 00 00 V1 7 \O h [- M ,n O` 0� It O O O` 0� O` v1 C� 0� Q` O? V1 N �o O\ M 1p V1 7 M M M M V M z 69 Yn 69 (A 69 69 69 V3 69 FA Hi �INI "I�I�I�I�IMI�I161 �Ip IOI D\ [AIM MIM MI\DI� Vll� 00 O\ 01 v1 V1 (� v1 M N m 69 69 Vi 69 V3 69 69 f/3 M N 69 fin w . U o N o 3 U U J4 O G N N 6 .E U v v as rnaa iUrUro�¢ 00 00 69 69 O O 00 N N_ 00 M kn O M N ul O C, F � V1 00 M M V v) 6 01 O` V1 vi l� N M O 00 00 N M 69 69 69 69 69 69 69 69 69 69 69 69 .-, N O w . U o N o 3 U U J4 O G N N 6 .E U v v as rnaa iUrUro�¢ 00 00 69 69 rn O O i N � y D\ U 00 N M N fA - N N N f!9 ! p N w O G c cr p} ` vii VE p N C4 m T „n, A N i i 0 y N i N O O p C5 cl M V ' N ! �6 cq N !. O A N S d) 0 0 C* as O C rn 1.1.4 Equipment Shown in Table VI on the following page are the equipment currently in use by the Parks and Tree Maintenance Division. Included in the table is equipment information such as the description, year purchased, and the monthly replacement, maintenance, and contingency cost, charged by the Equipment Maintenance Division for each piece of equipment. Summarized below are the quantities of each type of vehicle. Description Quantity Vehicle (V) 21 Tractor (T) 2 Trailer JR) 7 Riding Mower (M) 7 Spray Equipment (S) 1 Miscellaneous (MI) 2 The equipment fleet indicates that the City is well equipped with various rolling stock. For example, there is a ratio of two vehicles for every three employees and one trailer for every three vehicles. By contrast, in a typical private landscape maintenance operation, there are two trucks and one trailer per six employees. 1.1.5 Renortinz and Scheduling Procedures In analyzing the work habits and duties of the City crew, we reviewed the following reporting documents: "Daily Report" ' "Irrigation Crew Report" "Activity Report" "Monthly Progress Report (in addition to normal activities)" ' 'Pesticide Safety Training Record" "Employee Safety Training Record" "Employee Performance Evaluation" One Minute Survey" "Equipment Check List" ' Through examination of both written information and verbal interview, the following scheduling forms are used by the Parks Maintenance Division: "Irrigation Schedule" "Mower Crew Schedule" "Park Maintenance Work Request" "Irrigation Work Request" "General Services Department -- Work Request" I "Daily Report -- Weekend Litter Run" Internal scheduling between crews ' 9 Table VI - Equipment Used by the Parks Maintenance Division with Monthly Rental Rates PC Re acemf "" 117aurten. f nt .: Taal AMC /Jeep Cherokee 1990 V $166.67 $186.18 $17.64 $370.49 GMC 1 Ton Flat Bed 1985 V $150.00 $261.18 $20.56 $431.74 Ford 3/4 Ton 1983 V $145.83 $261.18 $20.35 $427.36 Kubota Tractor 1983 T $170.83 $86.18 $12.85 $269.86 Ford Ranger 1994 V $135.42 $191.68 $16.35 $343.45 Ford 3/4 Ton 1987 V $145.83 $261.18 $20.35 $427.36 Ford 1 Ton 1987 V $133.33 $261.18 $19.73 $414.24 Ford 1/2 Ton Pickup 1990 V $114.58 $211.18 $16.29 $342.05 Ford 1/2 Ton Pickup 1990 V $125.00 $211.18 $16.81 $352.99 Ford 3/4 Ton 1990 V $166.67 $261.18 $21.39 $449.24 GMC 1 Ton 1983 V $137.50 $261.18 $19.93 $418.61 Ford 1 Ton 1985 V $133.33 $261.18 $19.73 $414.24 GMC 1/4 Ton S -15 1987 V $114.58 $186.18 $15.04 $315.80 Intl Water Truck 1981 V $300.00 $486.18 $39.13 $825.49 GMC 1/4 Ton 3-15 1987 V $114.58 $186.18 $15.04 $315.80 Ford 1 Ton 1991 V $137.50 $261.18 $19.93 $418.61 Ford 1 Ton 1991 V $154.17 $261.18 $20.77 $436.11 Ford 3/4 Ton 1989 V $145.83 $261.18 $20.35 $427.36 Intl 21 /2Ton 1987 V $454.17 $361.18 $40.77 $856.11 Ford 1 Ton 1989 V $141.67 $261.18 $20.14 $422.99 John Deere Tractor 1990 T $150.00 $186.18 $16.81 $352.99 Ford 1 Ton 1980 V $141.67 $261.18 $20.14 $422.99 Ford I Ton 1980 V $141.67 $261.18 $20.14 $422.99 ZiemanTrailer 1987 TR $50.00 $48.18 $4.91 $10109 Dico Flat Bed Trlr 1987 TR $12.50 $15.51 $1.40 $29.41 Kut Kwik Lawnrmwer 1982 M $107.50 $36.18 $7.18 $150.86 Mowhawk Box Trailer 1970 TR $7.50 $15.51 $1.15 $24.16 MOwhawk Box Trailer 1964 TR $7.50 515.51 $1.15 $24.16 Cal Trail Trailer 1991 TR $12.50 $15.51 $1.40 $29.41 Howard 72" Mower 1985 M $125.00 $36.18 $8.06 $169.24 John Deere 60" Mower 1989 M $66.67 $36.18 $5.14 $107.99 Brouwer Gang Mower 1985 M $120.83 $36.18 $7.85 $164.86 John Deere 60" Mower 1991 M $66.67 $36.18 $5.14 $107.99 Cal Tra$ T& Trlr 1991 TR $25.00 $46.18 $3.06 $64.24 Jacobsen Lawn Sweeper 1977 MI $70.00 $46.18 $5.81 $121.99 FMC Spray Tank 1986 S $58.33 $76.18 $6.73 $141.24 Howard Price Mower 1989 M $383.33 $36.18 $20.98 $440.49 Flex -Ulite Arrow Board 1990 MI $33.33 $76.18 $5.48 $114.99 John Deere Mower 60" 1987 M $66.67 $36.18 $5.14 $107.99 Dico Trailer 1982 TR $12.50 $15.51 $1.40 $29.41 Totals $4,946.66 $6,311.35 $562.22 $11,810.39 1.1.6 Orsanizational Structure The organizational structure of the General Services Department and the Parks Maintenance Division is shown below. iceneral Services Director ' [[Park Maintenance 7,peri ntendent Park Maintenancesi Supervisor Park Maintenance Crew Chief (Sprinkler Technician Crew Chief (1) 11 Sprinkler System Technician (1) ' Pest Control Technician (1) Park Equipment Mechanic (1) Administrative Clerk (.25) Park Maintenance Supervisor Park Maintenance Crew Chief Groundsworker II (9) Groundsworker 1 (6.25) Equipment Operator I (3) Park /Tree Laborer (4) 1.2 Cunent Condition of City Maintained Roadside Landscapes 1.2.1 Scope and quantity of work The City landscape maintenance crews perform a comprehensive scope of work on the City roadside landscapes as follows: Litter Removal: Daily Prune Shrubs: As Required Weed Removal: As Required Prune Trees: As Required Mow and Edge Turf: Weekly Edge Groundcovec As Required Sprinklers: Weekly De- thatch Turf: Yearly Controller: Weekly Fertilize Turf: Semi -annual Note that in maintaining the parks, the Division crews are also responsible for all hardscape (e.g., play equipment, benches, parking areas) except street lighting, electrical or utility boxes, restrooms, and any preparation or cleanup for recreation programs. 1.2.2 Design and plant material selection Integrated Urban Forestry staff observed all roadside areas and graded various aspects of each area using a scale ranging from A (high) to D (low). IUF ranked the design and plant material selection of Newport Beach roadside areas from A to D +. There exists a wide range of design quality and plant material selection in the roadside areas. Some islands have been well and creatively designed with some very elaborate elements, e.g., the dolphin topiaries on Pacific Coast Highway entering Corona del Mar. Other medians, such as the monoculture of ice plant (along with many bare areas), provides little in the way of aesthetics 11 or creativity. Other areas are planted with ornamental shrubs too close to the adjacent hadscape, thus increasing the maintenance demand of the landscape. 11.3 Quality of work performed ' Using the same A through D grading system as in the previous section, Integrated Urban Forestry ranked the quality of work performed by the City crews from A to C -. As with the range in landscape design, the quality of the maintenance work performed seems to be a ' function of the demands of the particular landscape and its current quality and performance. Examples of the grades are provided below. ' A Some roadside landscapes contain well grouped, pruned and irrigated perennials, some with plants that are somewhat difficult to maintain, e.g., Pelargonium ' peltatum (Ivy Geranium). C Only litter removal and occasional pruning (edging) are performed on the iceplant ' medians. There is also only minimal pruning, litter, and weed removal from some ornamental shrub areas. ' C- Some medians, planted largely of turf, were suffering drought stress to such a degree that some turf will be lost and localized areas in the landscape will be susceptible to invasion of weeds. ' 1.2.4 Special considerations ' Some special considerations in maintaining the City roadside landscapes are noted below. • Irrigation by a water truck in some medians is necessary due to the lack of, or ' inoperable, irrigation systems. These conditions are due to a lack of capital improvement funds, damage by rodents, and other means. ' Maintenance staff reports that residents frequently request changes to irrigation scheduling of park areas to accommodate their particular needs, thus making irrigation scheduling for maintenance operations difficult. 1 Roadside areas are widely separated and have limited access due to lack of parking areas and traffic, thus requiring extra man-hours for access and egress. 12 2.0 COST COMPARISON ' 2.1 Newport Beach Roadside Landscape Cost Savings Table VII below shows those positions in the Parks Maintenance Division that are principally ' used in performing non - specialized roadside landscape maintenance, and may be eliminated with privatization of these services. The staffing has then been multiplied by each position's salary. These staff -years have been provided by Division management and represent both the ' position and quantity of staff that could be eliminated from the Division upon privatization. Table VII - Potential Staff Eliminations with Privatization of Roadside Area Maintenance Position . ;.. fluarltity..Arattial "Sala, Extended, Cost! EqL prrert Operator 1 $34,659 $34,659 Grotr dswuRer H 2 $35,311 $70,622 Grou dsworker I 1 $32,028 $32,028 Park & Tree Laborer 2 $22,819 $45,638 Stir Total Personnel 6 $182,947 Benefits (33 %) $60,373 Total Personnel $243,320 Table VIII shows Division management's estimate of the equipment, material and supplies that can be eliminated with privatization of roadside area maintenance activities. Table VIII - Equipment, Materials, and Supplies Associated with Roadside Landscape Maintenance 3 Vehicles(IA, 3/4, 1 ton trucks) $13,860 Mw. Farnd Tools $1,000 Small EaWrmrt Renoir $1-000 A 1' i� Ml4W,NMI 111 Me, 1. X11 :171R_ f 1.:! WK H �. 11 13 Total cost eliminations of the Division budget have been approximated by adding together the recommended salaries & benefits eliminations shown in Table VII and the equipment, materials and supplies eliminations shown in Table VIII. The result, with a comparison to the total Division budget, is shown in Table IX below. Table IX - Budget Eliminations with Privatization of Roadside Landscape Maintenance Salaries and Benefits $243,320 Equipment, Materials, and Supplies $23,100 Total Cost Eliminations with Privatization $266,420 Grand Total Division Operating Costs $1,913,456 Percentage Eliminations of Total Costs 13.92% Total Roadside Acres 50.49 Total Division Acres 250.47 Percentage Roadside Acreage 20.16% Budget Eliminations per Roadside Acres * $5,277 Total Division Cost per Acre $7,639 Does not include cost for specialized crews for irrigation, pest control, mechanic, and supervision, and other costs. Typically the cost for roadside landscape maintenance on a per acre basis is higher than park maintenance because all maintenance tasks take longer due to the difficulty in accessing the areas, working around and preparing for traffic, working with relatively narrow working space, and the more frequent set up, break down, and access time. In Table IX above, the cost for roadside area maintenance is lower than the Division total on a per acre basis. This is because the roadside area figures only reflect projected budget eliminations (or savings) that can be realized as a result of privatization, not the actual total cost for maintenance of these areas. If actual roadside maintenance costs were to be projected, the following additional items would need to be included: • Related percentage of salaries and benefits for supervisory, pest control, equipment maintenance, and sprinkler system positions. • Related percentage of equipment partially used on roadside maintenance but can not be eliminated with privatization. • Related percentage of time equipment is idle. • Related percentage of overhead and administration costs. 14 Because these items are not included in the above estimate, the cost per acre of roadside area maintenance as shown in Table IX is low. 2.2 City Personnel Costs v. Private Sector Information on Parks Maintenance Division salaries is compared against the private sector in Table X below, using position classifications that most closely match those of Newport Beach. Table X - Salary Comparison 2.3 Private Contractor Costs and Net Savings Table XI below shows the anticipated costs associated with roadside landscape maintenance in Newport Beach when performed by a private contractor, and the cost for the same work based on Integrated Urban Forestry's landscape maintenance time standards. Note that these costs assume that all service levels currently provided by the City will be provided by the contractor. Assurance of this should be stipulated in the request for proposal and/or final specifications within the contract. The time standards set forth by IUF have been determined through time -in- motion studies conducted in Southern California for the arboricultural and horticultural industries. These 15 WifhoutbesieGts Withlienefifis . ClassiEicatiuir Cit 1993 94. ii=aleitt I993:Indnstry, ' slant * : E:r 1993.94 $ 'valeitt X993 Industry iaieut " Park Maintenance Superintendent $ 61,590 $ 44,100 $ 81,915 $ 58,653 Park Maintenance Supenisor $ 49,088 $ 26,104 $ 65,287 $ 34,718 Park Maintenance Crew Chief $ 39,911 $ 22,256 $ 53,082 $ 28,488 Sprinkler Technician Crew Chief $ 39,911 $ 22,256 $ 53,082 $ 28,488 Sprinkher System Technician $ 35,125 $ 19,397 $ 46,716 $ 24,828 Park Equipment Mechanic $ 35,125 $ 24,232 $ 467716 $ 31,017 Pesticide Applicator $ 37,584 $ 24,232 $ 49,987 $ 32,229 Equipment Operator I $ 32,835 $ 13,957 $ 43,671 $ 17,865 GrouWsworker 11 $ 33355 $ 20,803 $ 44,362 $ 26,628 Groundsworker I $ 30,301 $ 13,975 $ 40,300 $ 17,888 Park and Tree Laborer $ 18,435 $ 13,975 $ 24,519 $ 17,888 Administrative Clark $ 28,529 $ 28,605 $ 37,944 $ 36,614 Average salary, $ 36,816 $ 22,824 $ 48,965 $ 29,609 Average difference $ 13,991 1 $ 19,356 Average percent ofbenefits 33% 30% Taken from the "Professional Grounds Maintenance 1993 Salary Survey, Far West Region ". upon request. Copy available 2.3 Private Contractor Costs and Net Savings Table XI below shows the anticipated costs associated with roadside landscape maintenance in Newport Beach when performed by a private contractor, and the cost for the same work based on Integrated Urban Forestry's landscape maintenance time standards. Note that these costs assume that all service levels currently provided by the City will be provided by the contractor. Assurance of this should be stipulated in the request for proposal and/or final specifications within the contract. The time standards set forth by IUF have been determined through time -in- motion studies conducted in Southern California for the arboricultural and horticultural industries. These 15 standards include time necessary to perform each task, travel and set -up time, salaries and related costs, overhead, and (30 %) profit. In the following chart, the anticipated costs for private roadside area maintenance are subtracted from the Division eliminations (gross savings) to determine the actual projected net savings that can be realized by the City. Table XI - Projected Annual Costs for Roadside Maintenance and Net Savings The costs for roadside landscape maintenance service is considerably less when provided by the private sector. This is due to the following: City employees are paid more per hour, receive more benefits, and work fewer production hours per year than the private sector because of greater holidays, vacation, and sick time benefits. Costs to perform roadside landscape maintenance according to IUF time -and- motion studies are significantly less than the Parks Maintenance Division costs for similar work. These 1 standards utilize hourly rates and time - per -task standards that are proportionally lower than those reported by the City. When only time - per -task standards are considered, the City Parks Maintenance Division productivity is very low. Notwithstanding the differential in salaries and expenses related to salaries, the City crew would still perform below IUF productivity standards. The ' productivity rate at which the City maintenance crews work is lower than that expected from the private sector. ' 2.4 Newport Beach v. Other Public Sector ' IUF obtained roadside landscape maintenance cost and scope of work data from local cities using contract crews including Costa Mesa, Irvine, Buena Park, and Laguna Niguel. Average maintenance cost per acre of roadside landscape was $200. Because service level and scope of work varied, IUF used a high -end figure of $275 per acre when calculating other public sector contract costs. 16 Pnvate 5ectorx II7F;Standard, . Private Landscape Maintenance Costs $166,617 $151,470 Eliminations (Gross Savings) from Table IX $266,420 $266,420 Net Savings with Privatization $99,803 $114,950 PerAcre?,(based un St) 49:ii res) Private Landscape Maintenance Costs $3,300 $3,000 Eliminations (Gross Savings) $5,277 $5,277 Net Savings per Acre $1,977 $2,277 Based on mid -range ($275 /acre) estimates from qualified landscape contractors as well as t3 he costs from other cities for equivalent work. The costs for roadside landscape maintenance service is considerably less when provided by the private sector. This is due to the following: City employees are paid more per hour, receive more benefits, and work fewer production hours per year than the private sector because of greater holidays, vacation, and sick time benefits. Costs to perform roadside landscape maintenance according to IUF time -and- motion studies are significantly less than the Parks Maintenance Division costs for similar work. These 1 standards utilize hourly rates and time - per -task standards that are proportionally lower than those reported by the City. When only time - per -task standards are considered, the City Parks Maintenance Division productivity is very low. Notwithstanding the differential in salaries and expenses related to salaries, the City crew would still perform below IUF productivity standards. The ' productivity rate at which the City maintenance crews work is lower than that expected from the private sector. ' 2.4 Newport Beach v. Other Public Sector ' IUF obtained roadside landscape maintenance cost and scope of work data from local cities using contract crews including Costa Mesa, Irvine, Buena Park, and Laguna Niguel. Average maintenance cost per acre of roadside landscape was $200. Because service level and scope of work varied, IUF used a high -end figure of $275 per acre when calculating other public sector contract costs. 16 3.0 ANALYSIS AND RECOMMENDATIONS The purpose of this report is to determine how the roadside landscape maintenance costs can be reduced while still meeting the needs of the City, the residents, and the landscaped areas. Additionally, both City management and citizens desire a sustained or improved level of care and beauty of the roadside landscapes, as well as other areas under the Division supervision. In this section, information from the Fact Finding section will be discussed and utilized to ' analyze the roadside landscape maintenance service and provide recommendations regarding privatization and /or improvement upon of these services when performed by City crews. In addition to the quantitative analysis, this report will address matters that cannot necessarily be quantified such as the need for timely, courteous, and dependable service as well as the need to provide various miscellaneous services. These have been addressed through interviews with members of the various crews, Division management, and the review reporting documentation. Excerpts from interviews with Division personnel and management staff responses are located in Appendix "A." 3.1 Current City Costs v. Private Sector As mentioned in the Fact Finding section, there is no historical empirical data available exclusively for roadside landscape maintenance from the City. As a result, total roadside landscape costs have not been estimated and thus, a direct comparison between City and private costs cannot be made. However, Division management has approximated the personnel, equipment, materials, and supplies that are currently used primarily to maintain the roadside landscapes, and thus, can be eliminated with privatization of these services. These eliminations, or savings, comprise part, but not all, of the total cost for roadside landscape maintenance. The actual cost for the City to perform these maintenance functions are greater than the amount eliminated with privatization. Any conclusions regarding privatization must take this into consideration. The current costs for roadside landscape maintenance service as performed by the City of Newport Beach crews are substantially higher than those same services provided by the private sector. The public sector can provide as high a level of quality performance and service as the private sector; the public sector cannot, however, offer the same service for a similar cost due to the salary and benefits package provided by the City and negotiated between the City and the employee association. Assuming that all of the current levels of services provided by in -house crews are performed at least as adequately by a qualified landscape maintenance contractor, IUF recommends that the City of Newport Beach privatize this service. This will result in a range of cost savings to the City of approximately $99,803 - $114,950. This savings figure is based on Table XI on page 16. In interviewing Parks Maintenance Division personnel, it was indicated by employees that various services that fall outside of the normal scope of work or service level of the Division are often performed by City staff. These services include tasks such as road race and holiday 17 decoration preparation, field set up and modification, etc. Since July 1993, the cost for these "extra" services has been expended against each event budget, not the Division budget. Therefore, the cost for this work was not considered in neither the historical nor projected roadside landscape maintenance cost estimates. Upon privatization, the responsibility for this work will continue to be assigned to remaining crews. 3.2 Recommendations for Privatization ' Careful attention needs to be given in preparing a request for proposal and/or contract with a private contractor. A program success or failure will often hinge on the thoroughness of these documents. When switching over from in -house to contracted service, it is then imperative for the City to stipulate the entire current and /or expected roadside landscape maintenance service within the new working agreement. A compromise in the quality or level of service can lead to dissatisfaction with the new service on the part of the citizenry and City personnel. ' IUF recommends the City explore "piggy - backing" this service onto a contract between a neighboring city and a landscape maintenance contractor with a proven performance history. If available, this method will save the City significant cost and time in an RFP, bidding, and ' selection process. Care must be exercised to ensure that any "piggy- backed" bid was as a result of a competitive process and that other current bids from neighboring cities be used as a comparison. Integrated Urban Forestry recommends that the City evaluate the contractor's desire and ability to hire current City employees to perform roadside landscape maintenance in the City ' of Newport Beach, if positions are to be eliminated through forced layoff. This arrangement would be advantageous to the City, employees, and contractor due to the skill and familiarity of the current employees with the landscaping, and to assist in succession planning and ' transitioning the maintenance contractor into the new job. 3.3 Effects of Privatization Privatizing roadside landscape maintenance service will affect the City and its employees. IUF contends that the positive impacts far outweigh the negative. A summary of these effects ' is shown below. • The Parks Maintenance Division will save approximately $100,000 per year, using the Fiscal Year 1994 -95 budget figures. • Approximately six (6) employees may be displaced from their current job and possibly t rehired with the private company, resulting in a re- organization of the Parks Maintenance Division. ' With the exodus of some employees, the Division will have a smaller pool of workers to call upon for special or miscellaneous tasks. ' 18 Specialized employees, such as the Pest Control Technician, Irrigation Crew Chief, and the Park Equipment Mechanic, will have a reduced scope of work as they will not ' be involved with roadside landscape maintenance. • The City will lose trained employees, it will be costly to retrain if the City reverts back to an in -house program. ' 3.4 Costs Saving Measures For an In -house Program If the City continues with the present system of roadside landscape maintenance, potential ' cost savings measures are discussed below. Some of these measures may also be applicable to the remaining Parks Maintenance Division after privatization. They are not intended to be ' recommendations, only considerations for savings. Any actual savings would be achieved only after the successful analysis and implementation of the change. They include the following: • Negotiate with employees a reduction or reorganization of the hourly pay rate and /or benefits. • Offer a performance -based incentive program that will reward productivity with monetary incentives. This program would be designed to effect two goals: a) bring the existing crew productivity up to IUF standards, and b) afford productive employees with the opportunity to earn approximately their current rate. • Redesign scheduling and reporting procedures and forms; institute an information system that tracks maintenance activities, areas maintained, and rates. This can be achieved through utilizing work flow applications software, customized database, or spreadsheet applications. • Redesign work flow. Many field duties may be unproductive and replaced with various consolidated crews or specialized vehicles. Examples include: Specialty crews. Utilize special equipment and /or vehicles to perform specific tasks. Utilize vendor delivery service. Eliminate the need for employees to make trips to stores. Institute no -work days on days that rain. Personnel can be "on- call" to respond to emergencies. • De- specialize the scope of work associated with various job titles. Overlap functions and retrain where necessary. Share specialized employees with another Division. This will maximize the productivity of each employee, especially those that will find a decreased amount of work with the privatization of roadside landscape maintenance (e.g., Pest Control Technician, Park Equipment Mechanic). 19 • Fund certain capital improvement projects or capital outlay purchases. The cost for these improvements can be easily recouped over a few years from savings in operating costs. - Repair or install irrigation lines where watering is currently accomplished by water truck. This will substantially reduce personnel and equipment costs, especially in the peak summer months. Replace high maintenance plant materials such as turf and "dated" materials such as ice plant with contemporary, low maintenance, and low water use plants. • Utilize computer database management software to provide more efficient scheduling of ' work, reporting, assessing needs, and management control. The program can be either operated in -house or privatized, and can provide significant long -term savings to the City. 20 APPENDIX "A" ■ Interview with Park Maintenance Crews and Supervisors As part of the fact finding performed by IUF, individuals in the Parks Maintenance Division were interviewed. IUF interviewed employees from the Park Maintenance Supervisor position to the Park and Tree Laborer. A broad range of topics was discussed during the interviews. IUF's intent was to gain insights into the operational particulars of performing landscape maintenance on the City roadside landscapes. Any additional sentiments that the employees cared to share are also noted below. t Following are paraphrases of statements made by employees during the interview process. While these statements are intended to accurately represent that which was stated, it is not intended to be a verbatim transcript of the meetings. No emphasis, tone, or insinuation is communicated in this reporting. Likewise, IUF has not verified the accuracy of any statement. The Park Maintenance Superintendent and Supervisors were given the opportunity to respond to each statement. Management responses and comments are shown in italics and parentheses following each statement. IniQation ■ Everyone helps with the irrigation system in some way. ■ Water truck services the non- irrigated areas three times per week in the summer. The application rate using the water truck is accurate with little water wasted. Equipment Operator I also operates other equipment. (The water truck is operating five days per week, each non - irrigated area is watered 1 to 3 times per week.) ■ No irrigation is scheduled for the weekends to minimize complaints from residents. (This is true in the parks, but not in the roadside landscape maintained areas.) ■ Entire irrigation system is off during the winter. When reactivated in the spring, there are many problems to correct such as broken and /or maladjusted heads. (The irrigation systems operate less in winter due to weather, but are not turned off. The systems are fine -tuned each Spring for maximum performance during the Summer season) ■ No plans to improve inoperable irrigation systems. (The Division is continually upgrading inoperable irrigation systems as funding permits. Currently, limited capital improvement funds are available) Appendix A - Pg. 1 of 5 ■ There are no current plans to upgrade the irrigation systems. (The Division is continually upgrading the irrigation system as submitted to Public Works and City Council as evidenced by the proposed "Capital Improvement Projects for 1994 -95 ". These requests were postponed until the City fiscal situation improves.) Plant Maintenance ■ Plants collect "road film" in areas equipped with drip irrigation systems, water truck is effective in cleaning plants. ■ The Division must occasionally devote efforts of all staff towards special projects such as removal of spent Agapanthus flower stalks. The crews like to work together in these ends. (Simple labor tasks such as stalk removal should be done by temporary day laborers. Funds are utilized for this purpose and temporary personnel have been so utilized.) ■ Use of plant growth regulators only at Library. (Growth regulators were not used at all this past year.) ■ Roadside landscape mowing has many nuances: navigating traffic, timing around traffic, avoiding projectiles to be shot from mowers into traffic, etc. (Complications of roadside landscape maintenance are recognized throughout this study.) ' ■ All Groundsworker Its use chemicals daily as needed to resolve small problems. This is more expedient than deferring to the Pesticide Applicator. (Chemicals am not used on a daily basis by groundsworkers, but only as needed, and then under supervision.) ■ Weeds or insects are sprayed for only in response to a complaint from a resident. (Weeds are also sprayed as part of a preventative maintenance program as time permits.) ■ Pre - emergent is used only on Bomanite portions of the islands. (Pre- emergent is used as needed to prevent weed /seed germination, not only on Bomanite portions.) ■ Growth regulators were tried on Algerian ivy, results were not acceptable; ivy is now manually pruned. (The Division is continually exploring ways to reduce maintenance, including using chemicals.) Other Duties ■ Recommend a five day work week, Sunday through Thursday to collect litter on Sundays. (The Division currently has one employee voluntarily working Wednesday through Sunday during the summer, with only litter collection duties on the weekends.) ■ Hardscape is cleaned as needed with the water truck. ■ During inclement weather, the crew responsibility is to monitor their areas. (True, crews assume duties for storm damage mid perform other duties such as painting, sharpening tools, and cleaning the work areas in bad weather.) Appendix A - Pg. 2 of 5 ■ Crews have to perform special duties such as work related to events, e.g., 5k running races. Not allowed to use overtime, thus must perform extra work in addition to regular work schedule. (All special duties are on overtime and charged against the event budget, not against the Parks Maintenance Division budget. Other scheduled overtime related to maintenance requires supervisory approval due to budget constraints.) ■ Special concerns include sandbagging during seasonal flooding. (All divisions of General .Services respond to emergencies) ■ During any given day, three employees may pick up trash from roadside landscapes. (Roadside landscapes are checked daily for litter by the area crew or weekend worker.) ■ On Mondays and Fridays, crews concentrate on litter collection. Privatization Concems ■ A private contractor will have to find their own greenwaste dump location -- may not use City. (The City private tree trimming contractor hauls all his greenwaste to a recycling operation nearby.) ■ If funding for private contractor runs out (before the end of the fiscal year), who will pay for the maintenance through the year end? There will be no City crew to fill in this gap. (Contract will be multi -year and pro -rated over the entire year to ensure full maintenance of roadside areas.) ' ■ Who will supervise and inspect (contractor's) work? (The remaining Division supervisory staff, e.g., Park Maintenance Crew Chief, Supervisor, and Superintendent.) ' • City usually takes low bids and has prior relationships that it considers. (City does not always contract with the low bid. In privatizing the tree trimming, the City 'piggy- backed" onto the contract of a nearby City which also happened to be the lowest bid ' available) • Maintenance of the medians in the City of Costa Mesa has been privatized and the ' medians look worse as a result. (Prior to privatization, Costa Mesa medians were in poor condition due to inadequate City staffing. They have improved recently under a private contract.) 1 ■ The response time to citizen requests will be too slow with a private contractor as the complaints will have to go through too many channels. (The communication channels will be the same or less; response time should be the some or fasten Under the tree trimming contract, response time has improved dramatically) 1 Appendix A - Pg. 3 of 5 Comments on Suaervisorv/Mana¢ement • Irvine Ave belongs in part to the City of Costa Mesa. There is "some confusion as to who is in charge of maintaining this area. (There is no confusion. One -half of Irvine A venue is maintained by Newport Beach, the other half by Costa Mesa from l7th street to Bay Crest.) • Crew feels that they are under pressure to complete work and meet the expectations of upper management. (This coincides with management's intention to be efficient and productive.) ■ Little support from upper management. (Comment not representative of general employees. Management always tries to be cooperative and supportive) ■ (Daily Report) forms are "just filled out" and do not accurately reflect actual work performed. (Employees have been instructed to fill out all forms accurately.) ■ Roadside landscapes are considered "second rate" as compared to the level of maintenance of the parks. (Roadside landscapes are considered equal or more important than parks due to their high visibility) ■ The general consensus among staff is that the City does not care about the appearance of the roadside landscapes but only concerned about "bottom line." (The City does care about the appearance of the roadside landscaped areas. These areas receive a high priority because of visibility and impact on the public image of the City.) ■ Upper management does not thoroughly inspect roadside landscapes before accepting them, e.g., Pelican Hill sewer sunk and staff has been requested to assist the developer to "get the job done." (Management notes that there have been problems in the past with the inspection and acceptance of contractor built landscaping.) ■ The ratio of management to labor is too high: five managers to twenty five line employees. (Management consists of I Superintendent, 2 Supervisors, and 2 Crew Chiefs managing a diverse crew of specialists, groundskeepers and laborers in multiple locations. ' This subject will be assessed during the Fiscal Year 1995 -96 budget preparation, particularily if privatization results in the loss of six employees.) Eauipment ■ Equipment that makes their jobs easier have been taken away. (Management requests specifics. However, crews were recently issued leaf blowers and mechanized trimmers to speed operations.) ' ■ Upper management recommends that the crew use light duty line trimmers for one year and then dispose instead of purchasing commercial grade equipment. Light duty ' equipment requires "cool down" periods that are unproductive. (Currently evaluating non- commercial grade of string trimmers) ' Appendix A - Pg. 4 of 5 Personnel ■ Performance of the work crews is determined by what the landscape looks like. (Landscape appearance is one of many criteria when evaluating the performance of a crew or an individual.) ■ "Pride of ownership" motivates the crews. ■ "Lateral" communication between Crews works very well in preventing and solving problems. ■ Crews are rotated every six months to prevent "burn- out." (Crews are rotated as needed.) ■ Areas and scope of responsibility continues to grow without the adequate manpower and equipment. (All City staff are assuming greater responsibilities due to fiscal constraints.) ■ Crews will stay in an area and work parks and roadside landscapes together. (Crews work in geographical areas and cover all parks, roadside landscapes, facilities, medians, and paseos in their area.) ■ Groundsworker Il determines irrigation schedule. Feel that any job can be performed by this classification level. (Irrigation programs are continually reviewed by the Supervisors and Carew Chiefs.) Appendix A - Pg. 5 of 5