HomeMy WebLinkAbout8.3 MCE MaintAgmt CITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 15, 2004
SUBJECT: Review of Services and Amendment to Agreement With MCE.
Corporation for Public Works Maintenance Services
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Resolution, together with Exhibit "A", Proposed Amendment
2) Letter from MCE, with attachments
3) Current 3-Year Agreement, dated July 1, 2003
RECOMMENDATIO~ ~Adopt resolution approving amendment to agreement
FINANCIAL STATEMENT: See Description
DESCRIPTION: MCE has provided maintenance services to the City of Dublin since
1984. Services currently being provided by MCE are as follows:
· Bike Path Maintenance
· Building Management and Maintenance
· Curb, Gutter, and Sidewalk (emergency or temporary repair)
· Drainage Maintenance
· Guardrail Repair
· Park Maintenance
· Sign Installation, Repair & Maintenance
· Spill Cleanup
· Storm Patrol/Cleanup
· Street Landscaping Maintenance
· Street Repair (emergency or temporary repair)
· Street Tree Maintenance
· Striping and Marking (emergency replacement)
· Weed Abatement
The current three-year contract with MCE Corporation for maintenance services expires on June 30, 2006,
and it is proposed to amend the agreement to provide for labor and equipment rate increases.
As in previous years, MCE has submitted a budget proposal for FY 2004-2005, which has been reviewed
by Staff in conjunction with the budget process.
COPIES TO: MCE Corporation
ITEM NO. ~
g:\engr-contracth~nce\agst amendment 04-05 ~ --~)~
The contract language is proposed to remain the same for FY 2004-2005, except for the Proposed rate
changes, which are disCussed in the following paragraph and attached to the contract amendment.
Proposed Chan~es for 2004-2005
MCE is proposing an average 2% increase in labor and equipment rates for the crew assigned to Dublin.
This 2% is essentially a cost of living increase. The labor rates for other MCE crews (not assigned to
Dublin exclusively) are proposed to increase from 7% to 11% in order to compensate for the lack of
increases several years ago and to keep pace with prevailing wage requirements. The other MCE crews
perform a very small portion of MCE's work in Dublin, primarily on-call paving and concrete work.
Equipment rates for the other MCE crews are not proposed to increase for FY 2004-2005.
Most of the rates for work performed by subcontractors are proposed to increase generally by 2% or less,
and some of the rates have decreased. However, one of the landscape subcontractors was terminated due
to poor performance, and the new bids received for those particular categories of work carried increases
ranging from 13% to 117°/6, as indicated on the amendment exhibit. The effect of the subcontractor
change is minimal inthe scope of the overall budget, adding only $380 in Street Landscape Maintenance
and approximately $17,781 in Park Maintenance. The impact on the total budget for MCE's work is
approximately 0.67%.
Total expenditures under MCE's contract for FY 2003-2004 are anticipated to be under budget by
$22,744, not including "additional work." "Additional work" covers items that are not a part of MCE's
regular maintenance budget, including work on or assistance with the management of Capital Projects.
The largest variance between the FY 2004-2005 budget and the estimated actual FY 2003-2004
expenditure is in the category of Park Maintenance, which is increasing approximately $88,546 to fund the
addition of Bray Commons Park and the new portion of Emerald Glen Park. Other significant changes are
a proposed $20,600 increase in Bike Path Maintenance to fund maintenance of new trails and bike paths,
increases in Street Landscape Maintenance to fund the maintenance of new development areas. The
decrease of $71,000 in the Building Management category is primarily due to reassigning some of the
MCE costs from the Building Management budget to the budgets for individual buildings or programs~
therefore, line items have been added for the Shannon Center, Swim Center, and Senior Center buildings, a
total of $42,917. There is a cumulative decrease in the area of building maintenance in the amount of
$28,000 which is Primarily due to expenditures related to the operation of the HVAC system in the Civic
Center and work on the remediation/water intrusion project which will not be repeated in 2004-05.
The overall budget for FY 2004-2005 is projected to be a total of $2,755,241 which represents an increase
of $142,111 (5.4%) over estimated FY 2003-2004. The primary reasons for the increase are MCE's
proposed rate increase, anticipated additional street maintenance and street landscape maintenance in new
development areas, and additional building maintenance and park maintenance due to the addition of new
facilities.
Table I ofMCE's submittal (Attachment 2) identifies work activities and details actual expenditures for the
prior two fiscal years, the adopted FY 2003-2004 budget, anticipated expenditures for FY 2003-2004, and
the proposed budget for FY 2004-2005. Table H identifies the workload measures for the various work
programs. Table IH identifies the percentage of rate change for various work categories, and Table IV
provides a staf~g comparison.
MCE's staffing level is proposed to increase for FY 2004-2005 by slightly less than one person in the
Landscape Laborer IH category. The additional staffing is provided to cover the addition of new parks and
street landscaping.
In response to a need identified two years ago to better track the quality of maintenance, MCE developed
a Quality Assurance Program. This Program has become a valuable and successful part of the level of
quality for maintenance within the City. The City Council will receive a presentation on the Quality
Assurance Program from MCE's management at this City Council meeting.
The Quality Assurance Program includes maintenance standards, as well as a formal inspection process and
provision for field staff to report deficiencies on a daily basis. Most of the standards have now been
developed in the areas of Street Trees, Street Landscaping and Park Maintenance. Building Maintenance
standards are nearly complete.
Field staff have been successful in maintainirtg daily logs to identify and correct deficiencies. In addition,
MCE has developed a schedule for performing monthly Quality Assurance inspections, using staff from
MCE's headquarters office.
Recommendation
MCE Corporation has shown a consistent standard of excellence in performance and safety, as well as
concern for the fiscal interests of the City. Staff recommends that the City Council adopt the resolution
(Attachment 1) approving'the amendment to the agreement.
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT WITH MCE CORPORATION
FOR PUBLIC WORKS MAINTENANCE SERVICES
WHEREAS, the City Council approved an agreement with MCE Corporation for Public Works
Maintenance Services effective July 1, 2003; and
WHEREAS, said agreement provided a detailed scope of work and labor rates for Fiscal Year
2003-2004; and
WHEREAS, said agreement entitled MCE Corporation to request a rate adjustment during the
second and third years; and
WHEREAS, MCE Corporation is requesting an adjustment of rates for Fiscal Year 2004-2005
which has been reviewed in conjunction with preparation of the budget for Fiscal Year 2004-2005;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the amendment to the agreement with MCE Corporation, attached hereto as "Exhibit A," with an
effective date of July 1, 2004.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 15th day of June, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g.',contract,mce,resolutionamendment 2004 ~'T'T(~( ;H~NT_ _J..,-~.~:.t,, ...... _ .........
EXHIBIT "A" OF RESOLUTION, , , -04
AMENDMENT TO AGREEMENT BETWEEN
CITY OF DUBLIN AND MCE CORPORATION
FOR PUBLIC WORKS MAINTENANCE SERVICES
WHEREAS, effective July 1, 2003, the City of Dublin (hereinafter referred to as "CITY" and
MCE Corporation (hereinafter referred to as "CONTRACTOR") emered into an agreement to provide Public
Works Maintenance Services to CITY (hereinafter referred to as "AGREEMENT); and
WHEREAS, said AGREEMENT provided a schedule of rates for Fiscal Year 2003-04; and
WHEREAS, MCE has requested an adjustment of rates for Fiscal Year 2004-2005;
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Exhibit B, "Payment Schedule," of the Agreement shall be replaced with the
rates indicated on Attachment 1 of this Amendment, "Proposed Rates and Unit Costs Revised June 7, 2004."
Section 2. Said Amendment shall be effective as of July 1, 2004.
CiTY OF DUBLIN MCE CORPO~TION
Mayor President
ATTEST: ATTEST:
City Clerk secretary
g : lcontractlmceh~nmtment race 2004
TABLE !!1
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
2004. 2005
2003 - 2004 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
DUBLIN CREW LABOR RATES
MAINTENANCE SUPERINTENDENT $54.40 HR $55.50 HR $1.10 2,0%
MAINTENANCESUPERVISOR $47.90 HR $48.80 HR $0,90 1.9%
LANDSCAPE FOREPERSON 41.65 HR 42.50 HR 0.85 2.0%
LANDSCAPE LABORERI -35.00 HR 35.70 HR 0.70 2.0%
LANDSCAPE LABORER II 29.80 HR 30.40 HR 0.60 2.0%
LANDSCAPE LABORER III 23.85 HR 24.30 HR 0.45 1.9%
DUBLIN CREW EQUIPMENT RATES
PICKUP RANGER/SUPERCAB 7.00 HR 7.15 HR $0.15 2.1%
F150PICKUP 8.00 HR 8.15 HR $0.15 1,9%
F250PICKUP/UTILITYBED 8.50 HR 8.65 HR $0.15 1.8%
F350 & F450 FLATBED 9.50 HR 9.70 HR 0.20 2.1%
CHAIN SAW 5.70 HR 5.80 HR '0.10 1.8%
BRUSH CUTTER 5.05 HR 5.15 HR 0.10 2.0%
POWER BLOWER 2.10 HR 2.15 HR 0.05 2.4%
POWER HEDGE TRIMMER 3.55 HR- 3.60 HR 0.05 1.4%
TRAILER SMALL (8') 2.55 HR 2.60 HR 0.05 2.0%
POWER WASHER 12.35 HR 12,60 HR 0.25 2.0%
ELECTRIC WELDER 6.85 HR' 7.00 HR 0.15 2.2%
PORTABLE GENERATOR 5.50 HR 5.60 -HR 0.10 1.8%
WATER TRAILER 9.60 HR 9.80 HR 0.20 2.1%
UTILITY CART 3.85 HR 3.90 HR 0.05 1.3%
HAND HELD MEDIAN SCRUBBER 5.10 5.20 HR 0.10 2.0%
MCE CREW LABOR RATES
SUPERINTENDENT $77.50 HR $85.00 HR $7,50 9.7%
LOADER/BACKHOE OPERATOR 76.33 HR 84,32 HR 7.99 10.5%
ASPHALT PAVER OPERATOR 76.33 HR 84.32 HR 7.99 10.5%
ASPHALT PAVER SCREED MAN N/A 81,81 HR N/A N/A
ROLLER OPERATOR 76.33 HR 81.81 HR 5.48 7.2%
TRUCK DRIVER 8-12 C.Y. 63,53 HR 68.00 HR 4,47 7,0%
TRUCK DRIVER4-6C.Y. 62.50 HR 69.09 HR 6.59 10.5%
TRUCK DRIVER 3 C,Y, TRANSIT 62,44 HR 68,00 HR 5.56 8,9%
CEMENT FINISHER 58.00 HR 63.39 HR 5.39 9.3%
LABORER FOREMAN 55.06 HR 61,07 HR 6,01 10,9%
RAKER 54.97 HR 59.71 HR 4.74 8.6%
LABORER I 53,77 HR 59,43 HR 5,66 10,5%
LABORER 2 N/A 59.25 HR NIA N/A
k:\C.M. Documents\Dublin\Budget~Dublin. City of ~ Tebles - ?_084-2885.xls
TABLE ill
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
2004 - 2005
2003 - 2004 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
MCE CREW EQUIPMENT RATES
GILCREST ASPHALT PAVER $90.00 HR $120.00 HR $30.00 33.3%
BLAW KNOX ASPHALT PAVER 55.00 HR 75.00 HR 20.00 36.4%
BACKHOE 47.50 HR 47.'50 HR 0.00 0.0%
LOADER 44,25 HR 44,25 HR 0,00 0,0%
ROLLER-VIBRATORY 5-8 TON 40.75 HR 40.75 HR 0.00 0.0%
ROLLER-VIBRATORY 3-5 TON 40.75 HR 40,75 HR 0,00 0,0%
DUMP TRUCK 8-12 C,Y. 44.25 HR 44.25 HR 0.00 0.0%
DUMP TRUCK 4-6 C,Y. 40,75 HR 40,75 HR 0.00 0.0%
TRANSIT TRUCK 3 C.Y. 40.75 HR 40.75 HR 0.00 0.0%
SAW TRUCK v 34.00 HR 34,00 HR 0,00 0,0%
PICKUP 13.25 HR 13.25 HR 0.00 0.0%
CONCRETE SAW-SELF PROP, 35,00 HR 35.00 HR 0,00 .0,0%
CONCRETE SAW-SMALL 6.75 HR 6.75 HR 0.00 0.0%
AIR COMPRESSOR 20,00 HR 20.00 HR 0,00 0,0%
BITUMAL POT 12.25 HR 18.75 HR 6.50 53.1%
VIBRA PLATE 10.50 HR 10.50 HR 0.00 0.0%
WACKER 10.50 HR 10.50 HR 0.00 0.0%
POWER BERM MACHINE 20.00 HR 20.00 HR 0.00 0.0%
ARROW BOARD NIA 15.00 HR NIA N/A
PAINT STRIPING MACHINE N/A 15.00 HR N/A N/A
UNIT PRICES
CHEMICAL WEED CONTROL R.O.W. 118.80 AC 161.00 AC $42.20 35.5%
FUNGUS SPRAYING-TREES 5.95 EA 6.10 EA 0.15 2.5%
(50 TREE MINIMUM)
FERTILIZE ONLY TURF
o ALL PARKS 105.90 AC 131.80 AC $25.90 24.5%
o FIRESTATIONS N/A 28.75 EA N/A
BROADLEAF SPRAYING TURF
o ALL PARKS EXCEPT CIVIC CTR 91.00 AC N/A AC
k:\C.M_ Documents~J3ublin~,Budget~)ublin. City of-Tsbles - 2004-2005.xls ~;/7/04
TABLE II!
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
2004 - 2005
2003 - 2004 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
UNiT PRICES (CONTINUED ...)
FERTILIZE / BROADLEAF TURF
o FIRE STATIONS N/A 28.75 EA N/A
o ALL STREETS 166.75 AC 156.60 AC ($10.15) ~o.1%
o ALL PARKS 193.00 AC 156.60 AC (36.40) -18.9%
AERATION TURF
o FIRE STATIONS N/A 28.75 EA N/A
o STREETS 413.00 AC 224.25 AC ($188.75) -45.7%
o ALLPARKS 63.50 AC 138.00 AC 74.50 117.3%
MOW TURF
o STREET, FIRE. STATION, '81.25 AC 82.87 AC $1.62 2.0%
'STAGECOACH PARK
o ALL OTHER PARKS 54.20 AC 55.26 AC .1.06 2.0%
EDGING TURF
o STREETS, FIRE STATION, 17.30 MLF 17.62 MLF $0.32 1.8%
STAGECOACH PARK
o ALL OTHER PARKS 14.80 MLF 15.10 MLF 0.30 2.0%
CONTRACT BEDDING (ALL AREAS) 267.00 MO/AC .301.53 MO/AC $34.53 12.9%
k:\C.M. Documents~,Dublin\Budge~Dublin. Ci~ of- T~bles r 2004-2005xls 6/7/04
MCE CORPORATION
~aintenance Construction Engineering
June 7,2004
Ms. Diane Lowart Ms. Melissa Morton
Director of Parks and Community Services Director of Public Works
City of Dublin City of Dublin
100 Civic Plaza 100 Civic Plaza
Dublin, California 94568 Dublin, California 94568
Dear Diane and Melissa:
Enclosed are the revised Tables I, il, III and IV that reflect the final budgets submitted to the City
Council. Tables I and II that list the actual 2001/2002, actual 2002/2003, budget 2003/2004, estimated
2.003/2004, and proposed budget 2004/2005 dollar amounts and performance units of measurement
respectively. Table Iit lists the labor and equipment rates used in the 2004/2005 Work Programs.
Labor and equipment rates for the Dublin Crew have been increased 2.0% over the 2003/2004
contracted rates to reflect the projected Consumer Price Index increase. MCE Crew labor rates were
increased from 7% to 11% to compensate for the lack of adequate increasestwo and three years ago
to keep pace with prevailing wages and increasing General Liability and Workers Compensation
Insurance costs. MCE Crew equipment rates had no increase except for the pavers and bitumal pot
that hadto be increased substantially to offset costs of newly purchased equipment. These MCE Crew
rates affect less than $ 65,000 in the Streets budget. The vast majority of subcontract price increases
were in the 0% to 2% range. However, certain landscape activities that were being performed by a
subcontractor that we had to terminate due to poor performance, increased between 13% and 117%
when contracted with a new subcontractor. Including the above higher subcontract costs, the total
subcontract costs increased 7% due to increased prices.
Please let me know if you have any questions and how I may be of further assistance.
Sincerely,
MCE CORPORATION
Stan Smalley
Senior Vice President, Con~act Management
SPS:kjh
cc: Joni Pattillo
Ginger Russell
Bob Cantrell
Enclosures
DUBLIN, CITY OF LTRS (CM DOCS - DUBLIN - W)
6515 Trinity Court, Dublin, California 94568-2686 · (925) 803-4111 · FAX (925) 803-4405
TABLE I ~ ~.~
CITY OF DUBLIN
PROPOSED BUDGETS
AS SUBI~ITTED TO COUNCIL
REVISED JUNE 7, 2004
PROPOSED
ACTUAL ACTUAL BUDGET ESTIMATED BUDGET
ACTIVITY 2001 - 2002 2002 - 2003 2003 - 2004 2003 - 2004 2004 - ;2005
STREET REPAIR $36,990 $21,982 $45,265 $ 39.970 $ 47.720
206-30200-740-020
DRAINAGE MAINT. $6,831 $13,385 $I0,427 $ 15.949 $ 16,483
206-30200-740-021
STORM PATROL $12,614 $21,716 $17,438 $ 17.637 $ 18,346
206-30200-740-022
CURB & GUTTER 1 $5,956 $2,419 $7,433 $ 12,729 $ 7,582
SIDEWALK
206-30200-740-023
SIGN REPAI'RS/INSTALL. $33,735 $53,045 $38,546 $ 38,890 $ 52,184
206-30200-740-024
NEIGHBORHOOD WATCH $618 $306 $763 $ 737$ 752
001-30200-740-024
STRIPING & MARKING $3,850 $3,564 $5.204 $ 5,255 $ 5,279
206-30200-740-025
GUARD RAIL REPAIR $0 $0 $195 $ 195$ 199
206-30200-740-026
WEED ABATEMENT $48,577 $56,150 $54,316 $ 55.184 $ 56.292
206-30200-740-027
BIKE PATH MAINT. $19,879 $9,655 $9,480 $ 19.105 $ 39,705
206-30200-740-028
SPILL CLEANUP $9,353 $14.012 $14,275 $ 12.840 $ 13.510
206-30200-740-030
MAINTENANCE $95,033 $119,056 $118,870 $ 118.615 $ 121.029
SUPERVISION
001-30100-740-029
STREET TREE MAINT. $51,079 $76,663 $118,188 $ 115,949 $ 97,352
001-30400-740-000
STAGECOACH A. D. TREES $1,083 $183 $1,452 $ 1,307 $
711-30400-740-000
DOUGHERTY A. D TREES $2,179 $2,812 $1,980 $ 1,998 $
713-30400-740-000
SANTA RITA A.D. TREES $4,452 $6,442 $20,736 $ 21.701 $ 16,887
716-30400-740-000
Dublin. City of-Tables - 200~-2Q05.xls Page 1
TABLE I
CITY OF DUBLIN
PROPOSED BUDGETS
AS SUBMITTED TO COUNCIL
REVISED JUNE 9, 2004
PROPOSED
ACTUAL ACTUAL BUDGET ESTIMATED BUDGET
ACTIVITY 2001 - 2002 2002 - 20{33 2003 - 2004 2003 - 2004 2004 - 2005
STREET REPAIR $36,990 $21,982 $45.265 $ 39.970 $ 47.720
206-30200-740-020
DRAINAGE MAINT. $6,831 $13,385 $10.427 $ 15.949 $ 16.483
206-30200-740-021
STORM PATROL $12,614 $21,716 $17.438 $ 17.637 $ 18.346
206-30200-740-022
CURB & GUTTER 1 $5,956 $2,419 $7.433 $ 12.729 $ 7.582
SIDEWALK
206-30200-740-023
SIGN REPAIRS/INSTALL. $33,735 $53,045 $38.546 $ 38.890 $ 52,184
206-30200-740-024
NEIGHBORHOOD WATCH $618 $306 $763 $ 737 $ 752
001-30200.740-024
STRIPING & MARKING $3,850 $3,564 $5.204 $ 5.255 $ 5.2?9
206-30200-740.025
GUARD RAIL REPAIR $0 $0 $195 $ 195 $ 199
206-30200.740-026
WEED ABATEMENT $48,577 $56,150 $54.316 $ 55.184 $ 56.292
206-30200-740-027
BIKE PATH MAINT. .$19,879 $9,655 $9.480 $ 19.105 $ 39.705
206-30200-740-028
SPILL CLEANUP $9,353 $14,012 $14.275 $ 12.840 $ 13.510
206-30200-740-030
MAINTENANCE $95,033 $119,056 $118.870 $ 118.615 $ 121.029
SUPERVISION
001-30100-740-029
STREET TREE MAINT. $51,079 $76,863 $118.188 $ 115.949 $ 97.352
001-30400.740-000
STAGECOACH A. D. TREES $1,083 $183 $1.452 $ 1.307 $
711-30400-740-000
DOUGHERTY A. D. TREES $2,179 $2,812 $1.$80 $ 1.998 $
713-30400-740-000
SANTA' RITA A.D. TREES $4,452 $6,442 $20.736 $ 21.701 $ 16.887
716-30400-740-000
LANDSCAPE MAINT. $263,538 $359,643 $4832.31 $ 481.330 $ 502.193
001-30500-740-000
Dublin, City of - Tables - 2004-2005~1s Page 1
CITY OF DUBLIN
PROPOSED BUDGETS
AS SUBMITTED TO COUNCIL
REVISED JUNE 9, 2004
PROPOSED
ACTUAL ACTUAL BUDGET ESTIMATED BUDGET
ACTIVITY 2001 - 2002 2002 - 2003 2003 - 2004 2003 - 2004 2004 - 2005
COMMUNITY PROMOTION/ $28,256 $38,648 $130.744 $ 60.744 $ 61.963
EVENTS
001-30500-731-000
STAGECOACH A D. $33,254 $23,165 $9.390 $ 12,780 $ 11,832
LANDSCAPE
711-30500-740-000
DOUGHERTY A.D. $68,719 $35,033 $3.486; $ 5.1306 $ 5.717
LANDSCAPE
713-30500-740-000
SANTA RITAA. D. $59,714 $88,634 $164.350 $ 125,680 $ 155.923
LANDSCAPE
716-30500-740-000
PARK MAINTENANCE $843,295 $918,690 $1.109.522 $ 1.085.413 $1.173.959
001-80200-740-000
BUILDING MANAGEMENT $171,495 $208,086 $180.077 $ 223.497 $ 152.051
O01-10500-740-000
SHANNON CENTER BUILDING $ 24.140
001-80500-740.000
SWIM CENTER BUILDING $ 9.195
001-81000.740.000
CURRENT SENIOR CENTER BLDG. $ 7.246
001.80800.740.000
NEW SENIOR CENTER $ 2.336
001.80800.740.000
DUBLIN LIBRARY $0 $14,423 $613~358 $ 52.040 $ 58.308
001-80100-740-000
HERITAGE CENTER $5,694 $6,207 $6.738 $ 5.722 $ 13.873
001-80120-740-000
DUBLIN CEMETERY $26,882 $27,721 $45.743 $ 45.634 $ 42.996
001-80130-740-000
FIRE STATION BUILDING $8,488 $7,890 $27.869 $ 25.580 $ 30.003
001-20600-740-000
FIRE STATION GROUNDS $2,299 $2,054 $13.798 $ 11.033 $ 17.186
001-20600-740-000
ADDITIONAL WORK $78,849 $119,056 $0 $ 105.000 $
FUNDING ACCT. VARIES
TOTAL MCE
CONTRACT COST = $1,922,712 $2,250,640 $2,635,874 $2,718,130 $2,755,241
W/O ADDITIONAL WORK = $1,843,863 $2,131,584 $2,635,874 $2,613,130 $2,755,241
Dublin, Ct[y of - Tables - Z004-2005~ds Page 2
TABLE Ii j0 ~)~'q
CITY OF DUBLIN
PERFORMANCE INDICATORS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
BUDGET PROPOSED
ACTUAL ACTUAL 2003 - 2004 ESTIMATED BUDGET
ACTIVITY 2001 - 2002 2002 - 2003 FINAL 2003 - 2004 2004 - 2005
TREE FERTILIZING A3~05 (D1 ,D2,D3,D4) - EA 798 798 798
(D9) 30400-740-000-001,711,713,716
TREE WATERING A3-06 (D1) 1,306 EA 1,710 1,502 1,502 1,502
30400-740-000L001
TREE REMOVAL A3-07, A4-04(D1,D2,D3) 19 EA 24 52 52 52
(D4, D9) 30400-740-000-001.711,713,716
TREE TRIMMING A4-01 (D1) 126 EA 8 150 150 150
SUBCONTRACTOR
30400~-740-000-001
LITTER PICKUP A6-01, A6-02(D1,D2,D3) 783 HRS 1,4t0 1,364 1,330 1,330
(D4, D9) 30200-740-000-001,711,713,716
LEAF CLEANUP A6-03(D1,D2,D3,D4, D9) 575 HRS 698 522 636 636
30500-740-000-001,711,713,716
PRUNE BEDDING PLANTS A6-10(D1,D2) 664 HRS 933 1,228 1,175 1,178
(D3, D4,D9) 30500-740-000-001,711,713,716
PRUNE.SHRUBS A6-16 (D1,D2,D3, D9) 6,529 EA 1.6,849 23,986 25,500 25,488
30500-740-000-001,711,713,716
MOW MEDIAN TURF A6-21 (D1,D2,D9) 243 AC 246 288 277 288
30500-740-000-001,713,716
EDGE MEDIAN TURF A6-22 (D1,D2,D9) 508 MLF 564 810 697 810
30500-740-000-001,713,716
IRRIGATION INSPECTION/PROGRAM 21,786 STA 22,755 57,290 41,976 57,290
(STREETS) A6-30,31 (DI,D2,D3,D4,D9)
30500-740-000-001,711,713,716
IRRIGATION HEAD REPAIR A6-32(D1~D2) 2,239 EA 1,775 2,649 2,050 2,466
(D3,D4,D9) 30500-740-000-001,711,713,716
OTHER IRRIGATION SYSTEM REPAIRS 502 HRS 560 708 641 825
(VALVES, BACKFLOWS, CONTROLLERS,
LINES) A6-33.34,35,36 (D1,D2, D3,D4,D9)
30500-740-000-001,711,713,716
ILLEGAL SIGNS/HAZARDS A6-80 (D1,D2) 226 HRS 191 208 276 204
(D9) 30500-740-000-00t ,716
Dublin. City of - Tables - 2004-2005~1s 2
TABLE I!
CITY OF DUBLIN
PERFORMANCE INDICATORS
AS SUBMITTED TO COUNCIL
REVISED JUNE'7, 2004
BUDGET. PROPOSED
ACTUAL ACTUAL 2003- 2004 ESTIMATED BUDGET
ACTIVITY 2001 - 2002 2002 - 2003 FINAL 2003 - 2004 2004'- 2005
PARKS
ALL ARE BUDGET 80200-740-000-001
PARKTREE PRUNING A3-03,08,09 920 EA 674 651 633 672
A4-01,03
LITTER PICKUP A6-01 2,294 HRS 2,173 2,888 2,676 2,891
PARK SHRUB PRUNING A6-16 3,515 EA 3,608 3,788 4.256 5,340
MOW PARKTURF A6-21 2,386 AC 2,701 3,186 3,122 3,341
EDGE PARK TURF A6-22 937 MLF 1,011 1,425 ! ,389 1,483
IRRIGATION INSPECTION/ 15,027 STA 17,541 26,428 23,054 31,008
PROGRAM (PARKS) A6-30,31
IRRIGATION HEAD REPAtRA6-32 2,264 EA 1,119 1,379 1,012 1,140
OTHER IRRIGATION SYSTEM 419 HRS 695 634 464 659
REPAIRS (VALVES BACKFLOWS,
CONTROLLERS, LINES) A6-33,34,35,36&37
R.ESTROOM CUSTO.QIAL A9-03 1,772 HRS 1,801 2,075 1,952 2.202
PLAYCOURT CUSTODIAL A9-06 120 HRS 162 135 159 179
PLAYGROUND MAINTENANCE A9-09 1,059 HRS 892 1,252 1,005 1,177
FOUNTAIN MAINTENANCE A9~10 160 HRS 203 255 260 325
BALL FIELD PREP - GAMES A9-22 225 HRS 122 447 370 370
BALL FIELD MAINT. A9-23,24 970 HRS I r091 1,350 1.230 1,230
STORM PATROL & CLEANUP D2-01,02 106 HRS 379 180 234 223
Dublin, City of - Tables - 2004-2005.xls 3
TABLE I!1
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
2004 - 2005
2003- 2004 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
DUBLIN CREW LABOR RATES
MAINTENANCE SUPERINTENDENT $54.40 HR $55.50 HR $1,10 2.0%
MAINTENANCE SUPERVISOR $47.90 HR $48.80 HR $0.90 1.9%
LANDSCAPE FOREPERSON 41.65 HR 42.50 HR 0.85 2.0%
LANDSCAPE LABORER I -35,00 HR 35.70 HR 0.70 2,0%
LANDSCAPE LABORER II 29.80 HR 30.40 HR 0.60 2,0%
LANDSCAPE LABORER 111 23.85 HR 24,30 HR 0,45 1,9%
DUBLIN CREW EQUIPMENT RATES
PICKUPRANGEPJSUPERCAB 7.00 HR 7.15 HR $0.15 2.1%
F150PICKUP 8.00 HR 8.15 HR $0.15 1.9%
F250 PICKUP/UTILITY BED 8.50 HR 8.65 HR $0.15 1.8%
F350 & F450 FLATBED 9.50 HR 9.70 HR 0.20 2.1%
CHAIN SAW 5.70 HR 5.80 HR '0.10 1.8%
BRUSH CUTTER 5.05 HR 5,15 HR 0,10 2,0%
POWER BLOWER 2.10 HR 2.15 HR 0.05 2.4%
POWER HEDGE TRtMMER --- 3.55 HR- 3,60 HR 0,05 1,4%
TRAILER SMALL (8') 2.55 HR 2.60 HR 005 2.0%
POWER WASHER 12,35 HR 12,60 HR 0,25 2,0%
ELECTRIC WELDER 6.85 HR' 7.00 HR 0.15 2.2%
PORTABLE GENERATOR 5.50 HR 5,60 'HR 0,10 1,8%
WATER TRAILER 9.60 HR 9.80 HR 0.20 2.1%
UTILITY CART 3,85 HR 3,90 HR 0,05 1.3%
HAND HELD MEDIAN SCRUBBER 5.10 5.20 HR 0.10 2.0%
MCE CREW LABOR RATES
SUPERINTENDENT $77.50 HR $85.00 HR $7.50 9.7%
LOADER/BACKHOE OPERATOR 76,33 HR 84,32 HR 7,99 10,5%
ASPHALT PAVER OPERATOR 76.33 HR 84,32 HR 7.99 10.5%
ASPHALT PAVER SCREED MAN N/A 81,81 HR N/A N/A
ROLLER OPERATOR 76.33 HR 81.81 HR 5.48 7.2%
TRUCK DRIVER 8q2 C,Y. 63,53 HR 68.00 HR 4,47 7,0%
TRUCK DRIVER 4-6 C.Y. 62.50 HR 69.09 HR 6.59 10.5%
TRUCK DRIVER 3 C,Y, TRANSIT 62,44 HR 68.00 HR 5,56 8,9%
CEMENT FINISHER 58.00 HR 63.39 HR 5.39 9.3%
LABORER FOREMAN 55.06 HR 61.07 HR 6,0! 10,9%
RAKER 54.97 HR 59.71 HR 4.74 8.6%
LABORER I 53.77 HR 59.43 HR 5.66 10.5%
LABORER 2 N/A 59.25 HR N/A N/A
k:~,O.M. Documents\Dubiin~,Budge~Dublin. City of-Tables- 2004-2005.xls 6/7/04
TABLE III
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
2004 - 2005
2003 - 2004 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
MCE CREW EQUIPMENT RATES
GILCREST ASPHALT PAVER $90.00 HR $120.00 HR $30.00 33,3%
BI_AW KNOX ASPHALT PAVER 55,00 HR 75.00 HR 20.00 36.4%
BACKHOE 47.50 HR 47.50 HR 0.00 0.0%
LOADER 44,25 HR 44.25 HR 0,00 0,0%
ROLLER-VIBRATORY 5-8 TON 40,75 HR 40.75 HR 0.00 0.0%
ROLLER-VIBRATORY 3-5 TON 40.75 HR 40.75 HR 0,00 0,0%
DUMP TRUCK 8-12 C,Y. 44.25 HR 44.25 HR 0.00 0.0%
DUMP TRUCK 4-6 C,Y. 40,75 HR 40,75 HR 0,00 0,0%
TRANSIT TRUCK 3 C.Y. 40.75 HR 40.75 HR 0.00 0.0%
SAW TRUCK 34,00 HR 34,00 HR 0.00 0,0%
PICKUP 13.25 HR 13.25 HR 0.00 0~0%
CONCRETE SAW-SELF PROP, 35,00 HR 35.00 HR 0.00 0,0%
CONCRETE SAW-SMALL 6.75 HR 6.75 HR 0,00 0.0%
AIR COMPRESSOR 20,00 HR 20,00 HR 0.00 0,0%
BITUMAL POT 12.25 HR 18.75 HR 6.50 53.1%
VIBRA PLATE 10.50 HR 10.50 HR 0.00 0,0%
WACKER 10.50 HR 10.50 HR 0.00 0.0%
POWER BERM MACHINE 20.,00 HR 20.00 HR 0.00 0,0%
ARROW BOARD N/A 15.00 HR NIA N/A
PAINT STRIPING MACHINE N/A 15,00 HR N/A N/A
UNIT PRICES
CHEMICAL WEED CONTROL R.O.W. 118.80 AC 161.00 AC $42.20 35,5%
FUNGUS SPRAYING- TREES 5.95 EA 6.10 EA 0,15 2.5%
(50 TREE MINIMUM)
FERTILIZE ONLY TURF
o ALL PARKS 105.90 AC 131.80 AC $25.90 24.5%
o FIRESTATIONS N/A 28.75 EA N/A
BROADLEAF SPRAYING TURF
o ALL PARKS EXCEPT CIVIC CTR 91,00 AC N/A AC
k:~.C.M. Documents~Dublin~Budget~ublin, City of-Tables ~ 2004-2005.xts 6/7/'04
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
2004 - 2005
2003 - 2004 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
UNIT PRICES (CONTINUED ...)
FERTILIZE / BROADLEAF TURF
o FIRE STATIONS NIA 28.75 EA N/A
o ALL STREETS 166.75 AC 156.60 AC ($10.15) -6.1%
o ALL PARKS 193.00 AC 156.60 AC (36.40) -18.9%
AERATION TURF
o FIRE STATIONS N/A 28.75 EA N/A
o STREETS 413.00 AC 224.25 AC ($188.75) -45.7%
o ALL PARKS 63.50 AC 138.00 AC 74.50 117.3%
MOW TURF
o STREET, FIRE STATION, 81.25 AC 82.87 AC $1.62 20%
STAGECOACH PARK
o ALL OTHER PARKS 54.20 AC 55.26 AC .1.06 2.0%
EDGING TURF
o STREETS, FIRE STATION, 1.7.30 MLF 17.62 MLF $0.32 1.8%
STAGECOACH PARK
o ALL OTHER PARKS 14.80 MLF 15,10 MLF 0.30 2.0%
CONTRACT BEDDING (ALL AREAS) 267.00 MO/AC .301.53 MO/AC $34.53 12.9%
k:~,C.M Documents~Dublin~Budget~Dublin. City of-T~bles - 2004-2005:~ls 6Z7/O4
TABLE IV
CITY OF DUBLIN
STAFFING COMPARISONS
AS SUBMiTTED TO COUNCIL
REVISED JUNE 7, 2004
2002 - 2003 2003 - 2004 2003 - 2004 20Q4 - 2005
AREA/POSITION ACTUALS BUDGET ESTIMATED PROPOSED
PUBLIC WORKS ADMIN.
SUPERINTENDENT 1.00 1.00 1.00 1.D0
BUILDING MANAGEMENT
LLF 0.69 0.64 0.84 0.64
LL1 0.73 D.73 0.73 0.73
LL2 0.26 0.28 0.18 0.19
LL3
1.68 1.65 1.55 1.56
STREET MAINTENANCE
LLF 0.13 D.12 0.12 0.12
LL1 0.25 0.31 0.31 0.31
LL2 0.17 0.18 0.18 0,18
LL3 0.73 0.40 0.54 0 79
1.28 1.01 1.15 1.40
STREET TREE
LLF 0.08 0.07 D.07 Q.07
LL1 0.15 0.20 0.20 0.2Q
~~ 0.10 0.11 0.11 0.11
LL3 0.25 0.31 D.36 0.36
fl.58 0.69 0.74 0.74
STREET LANDSCAPE MAINT.
LLF 0.83 0.79 0.79 Q.79
LL1 1.50 2.25 225 2.25
~~ 0.98 1.06 1.06 1.~G
LL3 1.97 3.20 2.94 3.22
tt~ ~yC~ F ~ ,{ Y i" F`. dF`7\p, `R i~" ~j~ T/4 ~µ~j,~ ~ TK -t„'h
Ct-0ixCN..~'~~a'~~ ~.~ .~.~ .'~~'.~i.,,~~~atF~~~ kY.:.'•J~"°~-:~.. ~LC.~~~`_'a'~~ ~~~~
PARK MAINTENANCE
LLF 0:95 0.94 0.94 0.94
LL1 1.99 2.64 2.83 2.76
L~ 1.19 1.26 1.34 1.32
LL3 3.82 3.62 3.32 3 6B
7.95 8.48 8.43 $.70
UBRARY BLDG.
LLF 0.05 G.27 0.27 0.27
LL1 0.05 0.33 0.15 0.19
LL2 0.01 O.p4 0.05
LL3
0.11 0.6D Q.46 0.51
NEW SENIOR CENTER
LLF 0.01
LL1 0 01
0:02
~`..__ >./... ..
Dublin, City oF - Tebles - 2DD4-20PS.xls 6n~pq 1
TABLE IV
CITY OF DUBLIN
STAFFING COMPARISONS
AS SUBMITTED TO COUNCIL
REVISED JUNE 7, 2004
2002 - 2003 2003 - 2004 2003 - 2004 2004 ~ 2005
AREA I POSITION ACTUALS BUDGET ESTIMATED PROPOSED
HERITAGE CENTER
LLF 0.01 0.01 0.01 ' 0.01
LL1 0.05 0.05 0.04 0.05
LL2
LL3
0.06 0.06 0.05 0.06
CEMETERY
LLF 0.02 0.02 0.02 0.02
LL1 0.08 0.08 0.08 0.0~
LL2 0.09 0.09 0.09 0.09
LL3 0.15 0.39 0.39 0.31
0.34 0.58 0.58 0.50
FiRE STATION BLDG. MAINT:
LLF 0.01 0.03 0.03 0.03
LL1 0.04 0.15 0.15 0.15
LL2
LL3
0.05 0.18 0.18 0. t8
FIRE STATION LANDSCAPE
LLF 0.01 0.01 0.01
LL1 ~.01 0.03 0.03 0.03
LL2
LL3 0.01 0.10 0.07 0.12
0.02 0.14 0.11 0.16
ADDITIONAL WORK
LLF 0.23 0.10 0.10 0.D9
LL1 0.15 0.23 0.23 0.24
LL2 0.20
LL3
0.58 0.33 0,33 0.33
MCE GRAND TOTAL
Supt. 1.00 1.00 1.00 1.00
LLF 3.00 3.00 3.00 3.00
LL1 5.00 7.00 7.00 7.00
LL2 3.00 3.00 3.00 3.00
LL3 6.93 8.02 7.62 8.48
'18.93 22.02 21.62 2Z.48
Staff calculations based on the assumption that each hourly employee will work a total of
1,950 hours of regular and overtime per year.
Includes hours for Community Events (Promotion),
Dubli~ C~ of- Tables - 2DO~-2005.xls 6~7~]4 2
EX[ti:BIT "A" OF RESOLUTION ]~2. -03
PUBLIC WORKS MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of July 1, 2003, by and between the
CITY OF DUBL/N, a Municipal Corporation ("City"), and MCE Corporation, Inc. ("Contractor"), who
agree as follows:
1. TERM OF AGREEMENT. The term of the agreement shah be for.three years,
beginning on July 1, 2003, and ending on June 30, 2006. This agreement shall supersede ali previous
agreements that Contractor has or'has had with City. City may terminate the services Of Contractor by
providing 90 days written notice with or without cause. In the event of such termination, Contractor shall
be compensated for such services up to the point of termination. Compensation for work in progress shall
be prorated as to the percentage of progress completed at the date of tenuination. If Contractor terminates
its services to the City, it must provide written notice 'at least 90 days in advance of such termination.
Notices shall be provided as indicated in Section 12 below.-
2. ADJUSTMENT TO CONTRACT PRICES .~XrD WORK QUANTITY. 'In the second
and third years of the Agreement, no later than March I. st, Contractor will submit to the City for the
coming contract year.a proposed revised Schedule of Work which will set forth a Work Plan_in terms of
types and quantities of work to be performed as well as unit prices and/or estimated annual expenditure
amounts as appropriate. Upon written.approval of both parties, the Agreement shall be extended for one
(1) ye'ar effective July 1 st at the new charge rates and scope of work.
3. 'SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in Exhibit 1. Contractor shall provide said services at the
time, place, and in the manner specified in Exhibit
4: PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement
at the time and in the manner set forth in Exhibit 2. The payments specified in Exhibit 2 shall be the only
payments to be made to Contractor for services rendered pursuant to this A~eement. Contractor shall
submit all billings for said services to City in the manner specified in Exhibit 2; or, if no manner be
specified in-Exhibit 2, then according to the usual and customary procedures and practices which
Contractor uses for billing clients similar to City.
5. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit 3, Contractor shall,
at/ts sole cost and expense, furrfish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment
listed in Exhibit 3 according to the terms and conditions set forth in Exhibit 3.
6. GENERAL PROVISIONS. The general provisions set forth in Exhibit 4 are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions..
July 1, 2003
Page 1
7. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
8. SUBCONTRACTING. No portion of the work pertinent to. this contract shall be
~.subcontracted without written authorization by the City, except that which is expressly identified in the
Contractor's proposal.
9. CHANGES. City may from time to time require changes in the scope of the services
by Contractor to be performed under this Agreement. Such changes, including any change in the amount
of Contractor's compensation which are mutually agreed upon by City and Contractor, shall be effective as
amendments to this Agreement only when in writing.
10. RESPONSIBLE CHARGE. Contractor shall assign a project manager(s) to the project
for the duration of the project. There shall be no change in the Project Manager or members of the project
team without prior written approval by the City.
11. CONTRACT ADMINISTRATION. This Agreement shall be administered by the
Director of Public Works or his/her designee ("Administrator"). All correspondence shall be directed to
or through the Administrator or the designee.
12. NOTICES. Any written notice .to Contractor shall be sent via Registered Mail to:
Stanley P. Smalley, Vice President
,MCE Corporation
6515 Trinity Court
Dublin, CA 94568
Any written notice to City shall be sent to:
Director of Public Works
100 Civic Plaza
Dublin, CA 94568
(signatures next page)
Agreement with MCE Corporation
July 1, 2OO3
Page 2
Execuied as of the day first herein stated:
CITY OF DUBLIN,
A Municipal Corporation
ity Clerk
MCE CORPORATION
President
Approved as to form: ////~~~
City Attorney
A~eement with MCE Corporation
July 1, 2003
Page 3
EXHIBIT 1
SCOPE OF SERVICES AND SCHEDULE
The City has elected to perform its public works 'ma'mtenance and related activities by using a
private Contractor.
The Contractor has agreed to arrange for and supervise the performance of the work and the City
has agreed to retain the Contractor for such purposes, in accordance with the terms and
pJovisions of this Agreement.
The City and Contractor agree as follows:
1. Scope of Work: The City retains Contractor to arrange fOr, supervise and manage
the performance of the work described in the attached Tables I, II, III and IV and as otherwise
specified in this Agreement; and for Additional Work ("Additional .Work") as is called for in
this Agreement. Contractor shall perform the types of work listed iu Table I at the time and
material rates listed in Table I~I. The Scope of'Work set for~ in the attached Table I includes
the maximum amount the City will pay to Contractor for-each activity for Fiscal Year 2003-2004.
Notwithstanding the foregoing, the City may at any time revise the Schedule of Work identified
in Table I for budgeting or other reasons as deemed necessary by the City and the estimated
annual expenditure for Fiscal Year 2003-2004 shall be revised accordingly.
Contractor specifically agrees to: (a) undertake direct responsibility for the performance
of the work in accordance with this Agreement; (b) provide directly, or through subcontractors,
or as otherwise permitted by this Agreement all labor, materials, and supervision necessary for
proper performance of the work in accordance with this,Agreement; (c) furnish a Maintenance
Superintendent' to provide the necessary liaison with the City Staff and the required coordination
of workmen and materials in the performance of the work; (d) comply with all laws, ordinances,'
rules, regulations, and' requirements of governmental authorities, perta/ning to the performance of
the work; (e) perform the work, contract for its performance and supervise its performance in a
good and workmanlike manner and in the most expeditious, cost effective manner consistent
with first-class quality, (f) perform all activities necessary and incidental to the orderly
performance of the work.
2. Scheduled Work: All of the work set forth in Table I is considered Scheduled
Work. Contractor shall perform no work in addition to Scheduled Work, unless: (a) Additional
Work is approved in.advance by the Public Works Director; or (b) an emergency situation exists.
An emergency situation is one which occurs under circumstances making it either impossible or
impractical to obtain City approval before proceeding with the work. In such cases, Contractor
will proceed with the work to the extent necessary to relieve said danger and shall specifically
inform the Public Works Director of all Emergency Work accomplished. All Scheduled Work
shall be provided according'to a monthly schedule prepared by the Maintenance Superintendent
and approved by the Public Works Director in advance.
Exhibit 1
Page 1 of 4
july t, 2003
3. Additional Work: City mayrcquire Contractor to provide Additional Work not
described herein at rates and quantities negotiated l~y the City and Contractor. No Additional
Work will be undertaken by Contractor without the pri~r written approval of the Pubtic Works
Director. The Contractor will bill the City for Additional Work in the manner as provided in
Table HI.
4. Work Not Subi oct to this Agreement: The Public Works Director at his discretion
may recommend that projects of a large scope be approved by the City Council for competitive
bid and completed under a separate Agreement; This shall be the recommendation on all "public
projects" where State or other laws require that it be contracted for and let to the lowest
responsible bidder after notice. Nothing in this Section shall preclude the Contractor from
participating in this bid process for said projects.
City, in accordance with local ordinances and State laws, may directly purchase .materials
or supplies to be used by Contractor. This shall not restrict the Public Works Director from
requesting that Contractor, as part of other duties .identified in this Agreement, assist City with
locating suppliers~ obtaining price quotations or bids, or other assistance provided that Contractor
-will not be providing the materials and supplies.
5. Emergency Work: Emergency'catlout procedures will be maintained to provide
for emergency response on nights, weekends, and holidays. The procedures will be reviewed and
updated periodically to ensure their effectiveness. In the event Emergency Work dictates that
work be accomplished outside the normal working hours, such as night time, weekends and
holidays, appropriate overtime rates shall be used as set forth in Table HI.
6. Maintenance Supervision: The Contractor shall furnish a Maintenance
Superintendent to assume full responsibility for day-to-day maintenance operations, ensuring
that resources required to successfully complete the pr. oject are applied in a timely manner. In
addition to providing the necessary liaison With the City, the Maintenance Superintendent is
responsible for: (a) making recommendations to the Public Works Director of work tha~ should
be performed but which is not set forth in the Schedule of Work; (b) identifying work programs;
(c) scheduling; (d) assisting and supervising work crews; (e) responding'to citizen calls; (f)
assisting in contract administration; (g) maintaining activity reports; and (h) generally
administering public works maintenance functions.
7. Work Scheduling Procedures: To the extent p0ssil~le,'it is the intent of this
Agreement that the Work be performed on a scheduled, orderly basis. Prior to commencement
of work, Contractor shall'prepare a schedule showing projected work to be performed th~oughout
the fiscal year, including information such as frequency of weeding, watering, and other parks
maintenance and other similar projected schedules of the work to be Performed.
Contractor will prepare monthly work schedules and review them with. the Pubhc Works
Director. These schedules will represent specific work needs identified as the result of the
Contractor's recommendations and requests from the Pubhc Works Director or his/her desi=m~ee.
Exhibit 1
Page 2 of 4
July 1, 2003
· '.Emphasis will be placed on identifying needs ~to ensure proper timing of work (for example,
ditches should be scheduled for cleau~ng before winter-rains). The Contractor will comply with
reasonable requests ofthePub~ic Works Director as.tO preferred,locations for various'types of
work. .
Contractor will use a service request form to ensure that complete, information is obtained
on work needs and requests for service,
8. Work Reporting ProcedUres: Contractor shall submit a Monthly WOrk Summary
Report to the Public Works Director on or before, the 15th day of the month summarizing work
completed in the previ0us month. These reports shall include a listing of work activities and
work units completed, including any Additional or Emergency Work performed; status 'of current
and completed service requests; and comparisons of annual work quantities and.expenditures
planned versus actual.
9. Additional Contractor Responsibilities: MCE .workers will be alert for observable
maintenance deficiencies in public facilities as they travel within the City's boundaries in the
course of their maintenance .activities performing Scheduled Work, Additional Work, and
Emergency Work. They will report observed maintenance deficiencies to the appropriate MCE
or. City representative, or other appropriate agency.
10. Protection of Work and Public: Contractor shall take all necessary rneasures to
protect the work and prevent accidents during any and all phases of work. Contractor shall
prOvide and maintain all necessary barriers, flagmen, and/or signs during maintenance
procedures.
Contractor will provide at no additional cost all the advance signing and barricading and
also signs, barricades, flashers, and other necessary facilities for the protection of the public
within the limits of the maintenance area while maintenance activities are proceedings
11. Maintenance of Recoi-ds: Contractor shall maintain all books, documents, papers,
employee time sheets, accounting records including certified payrolls and such other evidence
pertaining to costs incurred for a period of at least three years, and shall make these materials
available at reasonable times during the contract period. Contractor shall not purge any records
without the prior approval of the City. Upon termination of the contract, or at the City's request,
all sBch records shall be provided to the City, including maintenance records, certified payroll
records, and hard copies of any other computer records such as inventories of City facilities.
12. Equal Employment Opportuniw: Contractor is an equal opportunity ernploycr and
agrees to comply with applicable regulations governing .equal employment opportunity.
13. Prevailing Wage: Contractor shall comply with the provisions of Labor Code
Section 1770 et. seq., with respect to payment of prevailing wages, maintenance of payroll
records, and payment of penalties under Labor Code Section 1775.
Exhibit 1
Page 3 of 4
Ju y :zoo
`,.. -~ ~- C.'
J ~~ `r--•
14. Attornev Fees: If either party brings an action against the other party arising out
of or in connection with this Agreement entered into between City and Contractor, the prevailing
party is entitled to have and recover from the losing party reasonable attorney fees and costs of
suit.
15. Miscellaneous:
A. Contractor shall inform City of private clients within the corporate
boundaries or sphere of influence of the City during the term of this :Agreement. Contractor
agrees not to accept other employment which is or may be in conflict with its duties under this
Agre.ement or which may adversely affect the interests of the City.
B. Contractor will endeavor to secure rnaterials from the lowest cost source
reasonably available.
Exhibit 1
~age 4 of 4~
T„i.> > ~nn;
EXHIBIT 2
PAYMENT SCHEDULE
City shall pay Contractor an amom~t not to exceed the total sum of Two Million, Five
Hundred Seventy-Four Thousand, Four Hundred Forty-Five Dollars ($2,574,445) for services to
be performed pursuant to this Agreement. Except as Provided in Section 1, the total annual
estimated budget shall be the sum of the planned expenditure amounts 1/sted in Table I. The
actual amount paid to the Contractor shall be based on the amount of work performed according
to the costs Outlined in Table I and any subsequent "Additional Work" approved by the City.
Work items listed in T.able I shall be billed on a unit price basis or otherwise as set forth in Table
I. Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of
work.
Contractor shall bill Additional Work on the basis mutually agreed to by Contractor and
the City at the time. the work is incorporated into the annual maintenance program.
For work performed and services rendered, Contractor shall submit monthly bills to the
City by the 15th day of the month following the month in which the work was performed. The
Contractor shall be compensated by the City as follows:
A. A monthly payment for time and materials or mt price work will be provided,
with.payment to be made within twenty (20) days of receipt of invoice by the City.
B. For Additional'Work for which no unit prices have been agreed upon,
compensation shall be agreed upon between the Public Works Director and Contractor in writ'mg
before Work is performed. For Emergency Work when prior approval is not possible and when
unit prices have not been agreed upon, the City and Contractor 'shall agree as soon as possible
afterthe work is performed on the amount of compensation based on costs for related jobs.
Contractor is not authorized to perform any services or incur any costs whatsoever under
the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance
Department of the City of Dublin.
Exhibit 2
Page 1 of 1
July 1, 2003
EXI:IIBIT 3
City shall furnish physical facilities .such as desks, filing cabinets, and. conference
space, as may be reasonably necessary for 'Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. City shall also furnish a yard
facility from W~hich routine maintenance may be dispatched. The location, quantity, and time of
,furnishing saidphysical'facilities shall be in the sole discretion of City. In no event shall City be
obligated to furnish any facility which may involve incurring any direct expense, including, but
not limiting the generality of this exclusion, long-distance telephone or other commtmicafion
charges, vehicles, and reproduction facilities.
Exhibit 3
Page 1 of t
July 1, 2003
EXHIBIT 4
GENERAL PROVISIONS
1. INDBPBNDENT CONTRACTOR. At all times during the term of this Agreement, Contractor
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control ContractOr only insofar as the results of Contractor's services rendered pursuant to this
Agreement; however, City shall not have the right to control' the means by which Contractor
accomplishes services rendered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he has all licenses,
perm/ts, qualifications and approvals of whatsoever nature which are legally required for
Contractor. Contractor represents and warrants to City that Contractor shall, at his sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Contractor.
3. T/ME. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for-satisfactory performance of Contractor's
obligations pursuant'to this Agreement.
4. INSURANCE KEQUIREMENTS. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection w/th the performance of the Work hereunder by the Contractor, his agents,
representatives} employees or subcontractors. The cost of such insurance shall be included in the
Contractor's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) - Insurance Services Office form number GL 0002 (Ed. 1/73) coveting
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
L/ability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
Cal/fornia and Employers Liability Insurance.
Exhibit 4
Page 1 of 4
July 1, 2003
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liabihty: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate ~imit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and Property damage.
(3) Workers Compensation and Employers Liability: Workers Compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or s~lf-insured retentions must
be declared to and approved by the City.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1) General Liability and'Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers axe to be covered
as insureds as respects: liability arising Out of activities performed by or
on'behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used~by the Contractor, or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b)~ The Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Contractor's insurance and shall not
contributeWith it.
(c) Any 'failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
(d) The Contractor's insurance shall apply separately to each insured against
whom claire'is made or suit is brought, except with respect ro the, limits of
the insurer's 1/ability.
Exhibit 4
Page 2 of 4
July 1, 20'03
(2) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all fights of subrogation against the City, its
officers, officials, .employees and volunteers for losses arising from work
· performed by the Contractor for the City.
(3) All Coverages.
Each insurance policyrequired by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, except after
thirty (30) days prior written notice by mail has been given to the City. Contractor
shall provide City with 30 days' prior written notice of any reductions in the dollar
limits of the policy.
E. Acceptabili _ty of Insurers. Insurance is to be placed with insurers with a Bests' rating.of
no le~s than A:VIII.
F. Verification of Coverage. Contractor shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. -The certificates
and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time. ~
G. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages, scope, limits and forms of such insurance are either
not commercially available or that the City's interests are otherwise fully protected.
5. CONTRACTOR NO AGENT. Except as City may. specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall hake no authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreemeht. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the'removal of any such persons, Contractor shall, immediately upon
receiving notice from City of such desire of City, 'cause the removal of such person or persons.
Exhibit 4
Page 3 of 4
July 1, 2003
8. STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to
this Agreement in the manner .and according to the standards observed by a competent
practitioner of the profession in'which Contractor is engaged in the geographical,area. All
instruments of service of whatsoever rmturc which Contractor delivers to City pursuant to this
Agreement shall conform to thc standards of quality normally observed.by a person practicing in
Contractor's work.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take
responsibility for Scheduled Work, Additional Work, and Emergency Work as described in
Paragraphs 2, 3, and 5 of this Agreement, as such work is performed by Contractor, its
; employees, agents, and subcontractors in accordance with all provisions of this Agreement.
Contractor shall bear all losses and damages resulting to it, to any sUbcontractor, to the City, to
City officers and employees, or to parties designated by the.City, on account of performance or
character.of the work stated above, including Unforeseen difficulties, accidents, occurrences, or
other causes predicated on active or passive negligence of the Contractor or any subcontractor.
Contractor shall indemnify, defend, and hold harmless thi City, its officers, officials, employees,
and agents from and against .any or att loss, liability, expenses of whatever nature, (including
costs of defense), suits, and. damages of eVery kind, nature, and description arising from the
performance of the work described in the paragraph above. This paragraph shall not be
construed to exempt the City, its employees, officers, directors, and agents from its own fraud,
willful injury, or violation of law, whether willful or negligent. City shall indemnify, defend, and
hold the Contractor, its employees, officers, officials, and agents harmless from and against any
and ali loss, liability, expense, claim, costs (including costs of defense), suits and damages of
every kind, nature and description arising from the act or omission by the City or any of its
officers, officials, employees, and agents. By exectiti0n of this Agreement, the parties
acknowledge and agree that each has read and understand the provisions hereof and that this
section is a material element of consideration.
Approval of the insurance contracts does not relieve the Contractor or Subcontractors from
Iiability under this paragraph.
10. GOVERNM_ENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
i 1. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided
pursuant to this agreement, Contractor shall comply with.all applicable State and Federal Laws
and regulations, including, but not limited to, laws and regulations relating to discrimination and
laws requiring injury and illness prevention programs.
g:engr-contractWICEtagreernent 03
Exhibit 4
Page 4 of 4
l, 2003