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HomeMy WebLinkAboutReso 114-02 MCE PbWksMaint RESOLUTION NO. 114 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES WHEREAS, the current agreement with MCE Corporation for Public Works Maintenance Services expires on June 30, 2002; and WHEREAS, the City wishes to continue contracting with MCE Corporation for those services; and WHEREAS, the City and MCE Corporation have negotiated rates and budgets for Fiscal Year 2002-2003; and WHEREAS, said rates and budgets are included in the City's proposed budget for Fiscal Year 2002-2003; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a new one,year agreement, including two one-year optional extensions, with MCE Corporation attached hereto as "Exhibit A" with an effective date of July 1, 2002. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 24th day of June, 2002. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ATTEST~,/ .~//j ~ Mayor {J K2/G/6-24-02/reso-mce.~oc (Item 8.3) g:\engr-contract~VlCE~reso agrt 02 EXHIBIT "A" OF RESOLUrION NO, 114 - 02 PUBLIC WORKS MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, Califomia, as of July 1, 2002, by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and MCE Corporation, Inc. ("Contractor"), who agree as follows: 1. TERM OF AGREEMENT. The term of the agreement shall be for one year, beginning on July 1, 2002, and ending on June 30, 2003. The agreement may be extended for two additional one year periods at the-City's option. This agreement shall supersede all 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 a.q to the percentage of progress completed at the date of termination. 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 AND WORK QUANTITY. In the event of extension of the Agreement, no later than March 1 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) year effective July ! st as provided above. 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 1. 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 Agreement. 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 its sole cost and expense, furnish 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 Agreement with MCE Corporation July 1, 2002 Page 1 conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 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 conlract 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 th.e City. 11. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his 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: Lee S. Thompson Director of Public Works/City Engineer 100 Civic Plaza Dublin, CA 94568 (signatures next page) Agreement With MCE Corporation July 1, 2002 Page 2 Executed as of the day first herein stated: ·CITY OF DUBLIN, A Municipal Corporation MCE CORPORATION By Maynard Crowther, President Approved as to form: City Attorney Agreement with MCE Corporation July 1, 2002 Page 3