The URL can be used to link to this page

Home My WebLink AboutReso 111-99 PbWk/MCE RESOLUTION NO. 111 - 99 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, 1999; 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 1999-2000; and WHEREAS, said rates and budgets are included in the Citfs proposed budget for Fiscal Year 1999-2000; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a new three-year agreement with MCE Corporation attached hereto as "Exhibit A," with an effective date of July 1, 1999. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 24th day of June, 1999. AYES: Councilmembers Htnvard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None AB SENT: None ABSTAIN: None ATTEST: ~7 ,) ~F~// ~City~l~r~ k_~ ' K2/G/6-24-99b/reso-mce. doc C :\contract~nainth-esoagrt 99 t l PUBLIC WORKS MA~TENANCE SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 1999, 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, 1999, and ending on June 30, 2000. 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 as to the percentage of progress completed at the date of termination. If Contractor terminates its serGces 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 1 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 A. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A. 4. PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Cor~tractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 5. FAC]J~ITIES AND EQLrlPMENT. Except as set forth in Exhibit C, 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 C according to the terms and conditions set forth in Exhibit C. 6. GENERAL PROVISIONS. The general provisions set forth in Exhibit D 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. Agreement with MCE Corporation July 1, 1999 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 LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his desig-nee. 12. NOTICESi 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 P. O. Box 2340 Dublin, CA 94568 (signatures next page) Agreement with MCE Corporation July 1, 1999 Page 2 Executed as of the day first above stated: CITY OF DUBLIN, A Municipal Corporation MCE CORPORATION Approved as to form: City Attorney By Maynard Crowther, President Agreement with MCE Corporation July 1, 1999 Page 3 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE The City has elected to perform its public works maintenance 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 provisions 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 Schedule of Work (.Attachment 1, Exhibit B) 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 in Section A of Attachment 1 of Exhibit B at the unit prices listed in Section B or at the time and material rates listed in Section C, as appropriate. The Scope of Work set forth in Section A of Attachment 1 of Exhibit B includes the maximum amount the City will pay to Contractor for each activity for Fiscal Year 1999-2000. Notwithstanding the foregoing, the City may at any time revise the Schedule of Work identified in Attachment 1 of Exhibit B for budgeting or other reasons as deemed necessary by the City and the estimated annual expenditure for Fiscal Year 1999-2000 shall be revised accordingly. Contractor specifically a~ees to: (a) undertake the 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 the 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, pertaining 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 Attachment 1 of Exhibit B is considered Scheduled Work, except as provided in Section 1. 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, the 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. Ail Scheduled Work shall be provided according to a Exhibit A Page 1 of 4 monthly schedule prepared by the Maintenance Superintendent and approved by the Public Works Director in advance. 3. Additional Work: City may require Contractor to provide Additional Work not described herein at rates and quantities negotiated by the City and Consultant. No Additional Work will be undertaken by Contractor without the prior written approval of the Public Works Director. The Contractor will bill the City for Additional Work in the manner as provided in Attachment 1 of Exhibit B. 4. Work Not Subject to this Aereement: The Public Works Director at his discretion may recommend that projects ora 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 callout 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 Attachment 1 of Exhibit B. 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 project 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 that 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 Schedulin~ Procedures: To the extent possible, it is the intent of this Agreement that the Work be performed on a scheduled, orderly basis. Prior to the commencement of'work, Contractor shall prepare a schedule showing projected work to be performed throughout 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. Exhibit A Page 2 of 4 Contractor will prepare monthly work schedules and review them with the Public Works Director. These schedules will represent specific work needs identified as the result of the Contractor's recommendations and requests from the Public Works Director or his/her designee. Emphasis will be placed on identifying needs to ensure proper timing of work (for example, ditches should be scheduled for cleaning before winter rains). The Contractor will comply with reasonable requests of the Public 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 previous 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 measures 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 proceeding. 11. Maintenance of Records: 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 such 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. t2. Equal Employment Opportunity: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. Exhibit A Page 3 of 4 13. Prevailin~ 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. 14. Attorney 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 Agreement or which may adversely affect the interests of the City. B. Contractor will endeavor to secure materials from the lowest cost source reasonably available. Exhibit A Page 4 of 4 ACTIVITY STREET REPAIR 3020-740-020-206 DRAINAGE MAINT. 3020-740-021-206 NPDES DRAIN MAINT. 3020-740-021-222 STORM PATROL 3020-740~022-206 CURB & GUTTER / SIDEWALK 3020-740-023-206 SIGN REPAIRS/INSTALL. 3020-740-024-206 NEIGHBORHOOD WATCH 3020-740-024-001 STRIPING & MARKING 3020-740-025-206 GUARD RAIL REPAIR 3020-740-026-206 WEED ABATEMENT 3020-740-027-206 BIKE PATH MAINT. 3020-740-028-206 SPILL CLEANUP 3020-740-030-206 MAINTENANCE SUPERVISION 3010-740-029-001 STREET TREE MAINT. 3040-740-000-001 STAGECOACH A. D. TREES 3040-740-000-711 DOUGHERTY A. D. TREES 3040-740-000-713 EMERALD GLEN A.D. TREES ~'~ 3040-740-000-716 LANDSCAPE MAINT. 3050-740-000-001 ACTUAL 1996-97 $14,610 1,450 4,730 11,315 2,430 15,630 250 3,140 26,310 3,320 6,330 83,250 48,550 85O 4,850 143,240 TABLE I CITY OF DUBLIN JUNE 15,1999 ACTUAL 1997-98 $25,270 BUDGET 1998-99 FINAL $16,350 5,030 4,130 4,495 5,100 22,665 16,940 895 73O 16,915 16,740 440 72O 2,835 6,680 210 37,115 26,4O0 5,325 4,990 3,945 4,280 85,940 91,520 43,t65 44,990 595 2,160 .3,490 5,520 1,920 143,165 153,500 ESTIMATED 1998-99 $15,825 2,015 3,815 11,480 1,940 20,776 37O 5,220 25,445 3,120 5,935 90,040 47,94O 2,OO5 6,430 171,380 PROPOSED BUDGET 1999-2000 $16,000 1,785 5,630 11,565 1,605 22,047 4,720 214 27,603 3,227 6,010 92,390 46,320 2,335 6,270 4,605 206,965. Page 1 of 6 ACTIVITY COMMUNITY PROMOTION/ EVENTS 3050-731-000-001 STAGECOACH A. D. LANDSCAPE 3050-740-000-711 DOUGHERTY A. D. LANDSCAPE 3050-740-000-713 EMEF~LD GLEN A.D. LANDSCAPE 3050-740-000-716 PARK MAINTENANCE 8020-740-000-001 BUILDING MANAGEMENT 1050-740-000-001 HERITAGE CENTER 8012-740-000-001 DUBLIN CEMETERY 8013-740-000-001 FIRE STATION BUILDING 2060-740-000-001 FIRE STATION GROUNDS 2060-740-000-001 ADDITIONAL WORK FUNDING ACCT. VARIES TOTAL MOE CONTRACT COST = W/O ADDITIONAL WORK = ACTUAL 1996-97 $7,55O 29,i20 36,240 347,590 92,740 7,470 11,650 43,900 $946,515 $902,615 TABLE ! CITY OF DUBLIN JUNE t$, t999 (CONTINUED...) ACTUAL 1997-98 $7,800 22,775 37,860 392,720 78,070 5,860 34,740 10,125 3,100 18,150 $1,012,485 $994,335 BUDGET 1998.99 FINAL $8,000 29,200 38,980 10,200 442,939 94,293 8,080 16,744 11,778 4,944 $1,068,038 $1,068,038 ESTIMATED 1998-99 $18,010 29,695 37,810 430,260 93,140 4,860 12,800 9,655 3,435 12,550 $1,065,951 $1,053,401 PROPOSED BUDGET 1999-2000 $13,805 36,220 44,260- 26,550. 526,674 4,517 15,245 9,940 1,955 $1,232,892 $1,232,892 Page 2 of 6 DUBLIN, CITY OF . TABLE 1 . 1999-2000 - 6/15./99 (CONT MGMT- X) TABLE 1 CITY OF DUBLIN JUNE 15, 1999 (CONTINUED...) ~.,,..~.. I HE ACTUAL EXPENDITURES FOR 1997-98 WERE UNDER THE FINAL APPROVED BUDGET (EXCLUDING ADDITIONAL WORK) BY $ 24,025 OR 2.4%. ADDITIONAL WORK TOTALED $18,150. THE 1997-98 ACTUAL MCE COSTS EXCEEDED THE FINAL ADOPTED BUDGET BY 10% OR MORE IN THE FOLLOWING AREAS: AMOUNT ACTIVITY OVER BUDGET STREET REPAIR $9,320 58% REASONS FOR OVER-EXPENDITURE DUE TO UNPLANNED EMERGENCY PAVEMENT REPAIRS AS DIRECTED BY PUBLIC WORKS DIRECTOR DRAINAGE MAINTENANCE $2,760 121% DUE LARGELY TO AN EMERGENCY BANK STABILIZATION (SAND BAGGING) ON MARTIN CANYON CREEK STORM PATROL NEIGHBORHOOD WATCH $8,925 65% $1 70 63% DUE TO RECORD WET WINTER GENERATING MORE HOURS THAN PLANNED MORE WORK GENERATED BY COMMUNITY SERVICE OFFICER WEED ABATEMENT $16,115 77% LONGER, WETTER WINTER PROMOTED MORE WEED GROWTH IN HARDSCAPE AREAS, AND IN RIGHT-OF-WAY AREAS, HAD TO DO MORE POST- EMERGENT APPLICATIONS AND MANUAL CUTTING BIKE PATH MAINTENANCE $1,185 29% DUE TO FREQUENT CLEAN-UP OF DOUGHERTY ROAD BIKE PATH FROM WINTER STORMS DUBLIN CEMETERY $21,570 164% MAJORITY OF OVER-EXPENDITURE DUE TO UNPLANNED EMERGENCY TREE WORK AND TO A LESSER DEGREE, THE GROWTH OF HERITAGE DAYS CELEBRATION FIRE STATION BLDG. $3,825 60% LARGELY DUE TO UNPLANNED ROOF REPAIRS Page 3 of 6 THE 1997-98 ACTUAL MCE COSTS WERE UNDER THE FINAL ADOPTED BUDGET BY 10% OR MORE IN THE FOLLOWING AREAS: ACTIVITY AMOUNT UNDER BUDGET REASONS FOR UNDER-EXPENDITURE CURB & GUTTER 1 SIDEWALK $2,045 70% FEWER REPAIRS GENERATED BY CITIZENS AND CITY STAFF STRIPING & MARKING $2,665 48% LESS DONE THAN PLANNED DUE TO POOR WEATHER AND OVERAGES IN OTHER ACTIVITY AREAS GUARDRAIL $200 100% NO REPAIRS NEEDED SPILL CLEAN-UP $2,315 37% LESS THAN PLANNED DUE TO FEWER SPILLS AND SIZE OF SPILLS STAGECOACH A.D. TREES $1,485 71% DUE TO LESS THAN PLANNED TRIMMING AND TREE REPLACEMENT, PARTICULARLY ON INTERIOR SLOPES DOUGHERTY A.D. TREES $2,490 42% LESS THAN PLANNED TREE PLANTING, BOTH IN-HOUSE AND CONTRACT TRIMMING, AND FUNGUS DISEASE SPRAYING EMERALD GLEN A.D. TREES $3,350 100% DID NOT ASSUME ANY MAINTENANCE IN 1997-98 STAGECOACH A.D. LANDSCAPE $6,445 28% LESS THAN PLANNED PLANT REPLACEMENT AND IRRIGATION REPAIRS, PARTICULARLY HEAD REPAIR AND LINE REPAIR EMERALD GLEN A.D. LANDSCAPE $18,340 100% DID NOT ASSUME ANh~ MAINTENANCE IN 1997-98 BUILDING MANAGEMENT $14,380 15% MOSTLY DUE TO LESS LIGHTING, DOOR AND ELECTRICAL MAINTENANCE AT CIVIC CENTER AND CHANGE IN OPENING / CLOSING PROCEDURE WHICH RESULTED IN SAVINGS HERITAGE CENTER $1,280 18% LESS WALL AND FLOOR MAINTENANCE AND FURNITURE MOVING THAN PLANNED FIRE STATION GROUNDS $1,700 35% MOSTLY DUE TO LESS THAN NUMBER OF PLANNED MOWINGS Page 4 of 6 -DUBLIN, CiTY OF - TABLE I CONT'D (1997-98 UNDER BUDGET) - 1999-2000 - 6115/99 (CONT MGMT - X) TABLE 1 CITY OF DUBLIN JUNE 15, 1999 (CONTINUED...) THE PROJECTED EXPENDITURES FOR 1998-99 ARE ANTICIPATED TO BE UNDER THE FINAL APPROVED BUDGET (EXCLUDING ADDITIONAL WORK) BY $14,637 OR 1.4%. THE 1998-99 PROJECTED MCE COSTS EXCEED THE FINAL ADOPTED BUDGET BY 10% OR MORE IN THE FOLLOWING AREAS: ACTIVITY AMOUNT OVER BUDGET REASONS FOR OVER-EXPENDITURE CURB & GUTTER I $1,210 SIDEWALK 165% DUE TO MORE REPAIRS THAN PLANNED AS DIRECTED BY PUBLIC WORKS DIRECTOR SIGN MAINTENANCE $4,036 24% DUE TO MORE SIGN REPLACEMENT IDENTIFIED IN SURVEY FROM FY 1997-98 SPILL CLEAN-UP $1,655 39% DUE TO TWO LARGE ACCIDENT RELATED EMERGENCY CALL-OUTS DOUGHERTY A.D. TREES $910 16% MORE CLEARANCE TRIMMING FOR PEDESTRIANS ALONG SIDEWALKS LANDSCAPE MAINTENANCE $17,880 12% DUE TO INCREASED IRRIGATION REPAIRS, PAVER STONE WEED REMOVAL AND INCREASED SERVICING OF MEDIAN TREE WELLS, AS WELL AS, MORE LITTER PICK-UP THAN PLANNED. COMMUNITY PROMOTION / EVENTS $10,010 125% DUE TO MONEGO FUNERAL PROCESSION AND PASTA FESTIVAL AND FUN RUN Page 5 of 6 THE 1998-99 PROJECTED MCE COSTS ARE UNDER THE FINAL ADOPTED BUDGET BY 10% OR, MORE IN THE FOLLOWING AREAS: ACTIVITY DRAINAGE MAINTENANCE NPDES DRAINAGE MAINT. STORM PATROL NEIGHBORHOOD WATCH STRIPING / MARKING GUARDRAIL.REPAIR BIKE PATH MAINTENANCE EMERALD GLEN A.D. TREES EMERALD GLEN A.D. LANDSCAPE HERITAGE CENTER DUBLIN CEMETERY FIRE STATION BLDG. FIRE STATION GROUNDS AMOUNT UNDER BUDGET $2,115 51% $1,285 25% $5,460 32% $350 49% $1,460 22% $210 100% $1,870 37% $1,920 1 OO% $10,200 100% $3,220 40% $3,944 24% $2,123 18% $1,509 30% RF_ASONS FOR UNDER-EXPENDITURE LESS THAN ANTICIPATED STORM RELATED DRAINAGE WORK DUE TO A LESS WET WINTER LESS THAN ANTICIPATED INSPECTION AND CLEAN-UP COSTS OF DROP INLETS LESS SEVERE WINTER THAN PLANNED LESS NEW SIGNS INSTALLED THAN PLANNED FOR DURING FISCAL YEAR LESS THAN PLANNED CURB PAINTING IN COMMERCIAL AREA NO REPAIRS ANTICIPATED LESS CLEAN-UP OF BIKE PATHS DUE TO DRAINAGE IMPROVEMENTS ON DOUGHERTY ROAD AND LESS SEVERE WINTER WEATHER DID NOT ASSUME MAINTENANCE THIS FISCAL YEAR DID NOT ASSUME MAINTENANCE THIS FISCAL YEAR DUE TO LESS HVAC MAINTENANCE (NEW SYSTEM), DOOR AND WINDOW COVERING MAINTENANCE DUE TO NO "HERITAGE DAYS" AND LESS TREE WORK THAN PLANNED DUE TO LESS LIGHTING (FIRE FIGHTERS ARE ASSISTING), LESS HVAC REPAIRS NEEDED, AND MINOR REDUCTIONS IN SEVERAL OTHER ACTIVITIES DUE TO LESS THAN PLANNED MOWINGS AND IRRIGATION REPAIRS, IMPACTED BY SOME ASSISTANCE FROM FIRE FIGHTERS. Page 6 of 6 DUBLIN, CITY OF - TABLE 1 CON~"D (1998-99 UNDER BUDGET) - 1999-2000 ~ 6115199 (CONT MGMT - X) N~,,e:Area D8 is included in Area D1 Area D9A is included in Area D9 ACTIVITY MAINT. SUPERVISION A8-01 (D1) 30100-740-029-001 SPILLS A1-01, 02 (D1, D5, D7) 30200-740-027-206 TEMPORARY PATCHING A7-01 (D1 ,D7) 30200-740-020-206 DRAINAGE INSPECTION D1-01 (D1 ,D7) 30200-740-021-222 CATCH BASINS CLEANED D1-02 (D1 ,D7) 30200-740-021-222 DITCH CLEANING D1-04 (D1, D7) 30200-740-021-206 STORM PATROL D2-01, 02 INSPECTION / REMOVAL (D1, DS, DT) .'" ' -" 0-740-022-206 INa FALL NEW SIGNS D4-01, A5-01 (D1 ,D5,D7) 30200-740-024-001,206 SIGNS REPAIRED D4-02, 03, A5-02 (D1 ,DS,D7) 30200-740-024-001,206 CURB PAINTING D5-01 (D1) 30200-740-025-206 INSTALL PAVEMENT MARKERS D5-02 (D1) 30200-740-025-206 ROADSIDE SPRAYING D7-01 (D1 ,DS,D7) 30200-740-027-206 BIKE PATH MAINTENANCE D8-01 (D1) 30200-740-028-206 TREE/BRUSH CUTTING A3-01 (D1, D7) 30400-740-000-001,711,713,716 TREE STAKING A3-02(D1 ,D2,D3,D4,D9) 30400-740-000-001,711,71 3,716 TREE PRUNINGA3-03,08,09, A4-03(D1 ,D2) (D3,D4,Dg) 30400-740-000-001,711,713,716 TREE PLANTING A3-04(D1 ,D2,D3,D4) ( ,;0400-740-000-001,711,713,716 TREE FERTILIZING A3-05 (D1 ,D2,D3,D4) (D9) 30400-740-000-001,711,713,716 TABLE II CITY OF DUBLIN JUNE 15, 1999 ACTUAL 1996-97 BUDGET ACTUAL 1998-99 1997-98 (FINAL) ESTIMATED 1998-99 PROPOSED BUDGET 1999-2000 1,777 HRS 1,797 1,840 1,808 1,808 186 HRS 104 117 164 164 91 HRS 150 95 120 120 770 EA 903 1,033 906 910 246 EA 239 243 539 537 10 LF 1,113 1,363 2,248 2,248 356 HRS 743 456 372 368 55 EA 65 72 87 98 222 EA 220 172 212 224 9,297 LF 6,304 6,306 3,000 2,927 0 EA 0 40 23 30 -49 AC 97 61 73 65 112 HRS 184 160 100 100 207 HRS 190 152 170 159 171 EA 179 300 125 325 1,063 EA 1,531 1,227 1,267 1,505 39 EA 43 59 54 ' 54 378 EA 0 156 156 906 Page 1 of 3 ACTIVITY' TREE WATERING A3-06 (01) 30400-740-000-001 TREE REMOVAL A3-07, A4-04(01,02,03) (04,09) 30400-740o000--001,711,713,716 TREETR1MMING A4-01 (01) SUBCONTRACTOR 30400-740-000-001 LITTER PICKUP A$-01, A6-02(D1,D2, B3) (04,05,07,09) $0200-740-000-001.711,713,716 LEAF CLEANUP A6-03(01,02,03,04,09) 30500-740-000--001,711,71:3,716 PRUNE BEDDING PLANTS A6-10(01,02) ('03,04,09) 30500-740-000-001,711,713,716 PRUNE SHRUBS A6-16 (01,02,D3,09) 30500-740-000-001,711,713,716 MOW MEDIAN TURF A6-21 (01,02,09) 30500-740-000-001,7t 3,716 EDGE MEDIAN TURF A6-22 (01,02,09) $0500-740-000-001,71:3,716 IRRIGATION INSPECTION/PROGRAM (STREETS) A6-30,$I tqD1,D2,D3,D4,D9) 30500-740-000-001,711,713,718 IRRIGATION HEAD REPAIR A6-32(01,02) (03,04,09) 30500-740-000-001,711,713,716 OTHER IRRIGATION SYSTEM REPAIRS (VALVES, BACKFLOWS, CONTROLLERS, LINES) A6-33,34,35,36 ([:)1,02,03,04,09) 30500-740-000-001,7'11,71 3,716 ILLEGAL SIGNS/HAZARDS A6-80 (131 ,D~ (05,07,09) $0500-740-000-001,716 ACTUAL 1996-97 326 ACTUAL 1997-98 BUDGET 1998-99 (FINAL) ESTIMATED 1998-99 PROPOSED BUDGET 1999-2000 280 376 250 250 30lEA 43 27 20 29 15~5A 77 30 30 30 550 I-iRS 514 502 553 625 399 4RS 383 434 388 403 433 '--IRS 650 496 376 395 6,256 -ZA 8,987 10,770 9,281 12,222 109AC 120 125 125 145 94 ~LF 156 271 193 294 12,101 3TA 14,429 t5,023 11,358 14,605 1,529 EA 1,036 1,250 1,220 1,647 421 HRS 335 374 567 551 338 ~RS 258 336 304 304 PARKS ALL ARE BUDGET 80200-740-000-001 PARK TREE PRUNING A3-03,08,09 A4-01,03 LETTER PICKUP A6-01 PARK SHRUB PRUNING AS..16 MOW PARK TURF A6-21 EDGE PARK TURF A6-22 IRRIGATION INSPECTION/ PROGRAM (PARKS) A6-30,31 IRRIGATION HEAD REPAIR A6-32 491 5A 470 598 541 558 901HRS 1,046 1,005 1,323 1,460 2,919 EA 2,988 3~108 2.588 2,643 1,342.~C 1,342 1,481 1,412 1,778 236 MLF 273 337 358 488 16,948 STA 13,616 16,871 17,987 17,237 1,041EA 947 991 897 -- 1,061 Page 2 of 3 ACTIVITY om~ER IRRIGATION SYSTEM ,.EPAIRS (VALVES, BACKFLOWS, CONTROLLERS, LINES) A6-33,34,35,36 RESTROOM MAINTENANCE A9-03 PLAYCOURT MAINTENANCE A9-06 PLAYGROUND MAINTENANCE A9-09 FOUNTAIN MAINTENANCE A9-10 BALLFIELD PREP - GAMES A9-22 BALLFIELD MAINT. A9-23,24 STORM PATROL & CLEANUP D2-01,02 ACTUAL 1996-97 284 HRS ACTUAL 1997~98 BUDGET 1998-99 (FINAL) ESTIMATED 1998-99 PROPOSED BUDGET 1999-2000 196 248 233 261 962 HRS 1,096 1,142 1,096 1,201 98 HRS 120 154 111 171 756 HRS 778 742 687 741 245 HRS 328 263 331 390 255 HRS 215 498 563 563 347 HRS 644 550 550 600 261HRS 345 520 82 87 Page 3 of 3 LABOR RATES DUBLIN CREW MAINTENANCE SUPERINTENDENT LANDSCAPE FOREPERSON LANDSCAPE LEADPERSON LANDSCAPE LABORER 1 LANDSCAPE LABORER I1 LANDSCAPE LABORER III LANDSCAPE LABORER IV DUBLIN EQUIPMENT RATES PICKUP W/R & HT FLATBED W/R & HT CHAIN SAW BRUSH CUTTER POWER BLOWER POWER HEDGE TRIMMER TRAILER SMALL (8') POWER WASHER ELECTRIC WELDER PORTABLE GENERATOR WATER TRAILER MCE CREW SUPERINTENDENT LOADER/BACKHOE OPERATOR ASPHALT PAVER OPERATOR ROLLER OPERATOR TRUCK DRIVER 8-12 C.Y'. TRUCK DRIVER 4-6 C.Y. TRUCK DRIVER 3 C.Y. TRANSIT CEMENT FINISHER LABORER FOREMAN LABORER I LABORER II LABORER III TABLE Iil 'CITY OF DUBLIN COUNCIL APPROVED JUNE 15, 1999 1998-99 RATES $43.2O HR 33.10 HR 29.6O HR 27.90 HR 23.60 HR 18.90 HR 14.20 HR $6.60 HR 7.85 HR 5.05 HR 4.40 HR 1.85 HR 3.10 HR 2.25 HR 11.25 HR 6.25 HR 5.05 HR 8.75 HR $64.00 HR 62.8O HR 60.65 HR 60.65 HR 51.70 HR 50.85 HR 51.35 HR 49.70 HR 45.90 HR 44.60 HR 44.35 HR 44.20 HR Page 1 of 3 1999-2000 PROPOSED RATES $44.50 HR 34.10 HR 30.50 HR 28.70 HR 24.30 HR 19.50 HR 14.60 HR $6.60 HR 7.85 HR 5.05 HR 4.4O HR 1.85 HR 3.10 HR 2.25 HR 11.25 HR 6.25 HR 5.05 HR 8.75 HR $64.00 HR 62.80 HR 60.65 HR 60.65 HR 51.70 HR 50.85 HR 51.35 HR 49.70 HR 45.90 HR 44.60 HR 44.35 HR 44.20 HR CHANGE $1.30 1.00 0.90 0.80 0.70 0.60 0.40 N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C PERCENT CHANGE 3.0% 3.0% 3.0% 2.9% 3.0% 3.2% 2.8% LABOR RATES MCE EQUIPMENT RATES LARGE ASPHALT PAVER ASPHALT PAVER BACKHOE LOADER ROLLER-VIBRATORY 5-8 TON ROLLER-VIBRATORY 3-5 TON DUMP TRUCK 8-12 C.Y. DUMP TRUCK 4-6 C.Y. TRANSIT TRUCK 3 C.Y. SAW TRUCK PICKUP CREW CAB PICKUP CONCRETE SAW-SELF PROP. /~CONCRETE SAW-SMALL ,IR COMPRESSOR BITUMAL POT VIBRA PLATE WACKER POWER BERM MACHINE UNIT PRICES CHEMICAL WEED CONTROL R.O.W. TREE PRUNING o 0- 4" CLASS 1 o 4- 8" CLASS 1 o 8-16" CLASS2 o OVER 16" BY BID FUNGUS SPRAYING - TREES (50 TREE MINIMUM) FERTILIZE ONLY TURF o ALL PARKS EXCEPT CIVIC CTR. BROADLEAF SPRAYING TURF .... o ALL PARKS EXCEPT CIVIC CTR. TABLE III (CONTINUED...) CITY OF DUBLIN JUNE 15, 1999 1998-99 RATES 1999-2000 PROPOSED RATES $62.50 HR 46.90 HR 4O.65 HR 37.5O HR 34.40 HR 31.25 HR 37.50 HR 34.4O HR 34.40 HR 18.75 HR 12.50 HR 11.25 HR 25.O0 HR 6.25 HR 18.75 HR 11.25 HR 10.00 HR 10.00 HR 18.75 HR $62.50 HR 46.90 HR 4O.65 HR 37.50 HR 34.40 HR 31.25 HR 37.50 HR 34.40 HR 34.40 HR 18.75 HR 12.50 HR 11.25 HR 25.00 HR 6.25 HR 18.75 HR 11.25 HR 10.00 HR 10.00 HR 18.75 HR $114.78 AC $103.50 AC 39.67 EA 53.76 EA 99.18 EA BY BID 5.04 EA 20.70 EA 33.35 EA 66.70 EA BY BID 5.04 EA 86.99 AC 85.80 AC 47.12 AC 73.70 AC Page 2 of 3 CHANGE N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C ($11.28) (18.97) (20.41) (32.48) N/A N/C (1.19) 26.58 PERCENT CHANGE -9.8% -47.8% -38.0% -32.7% -1.4% '56.4% UNIT PRICES FERTILIZE / BROADLEAF TURF o ALL STREETS o CIVIC CENTER AERATION TURF o STREETS & FIRE STATION o ALL OTHER PARKS MOW TURF o STREET, FIRE STATION, STAGECOACH PARK o ALL OTHER PARKS. EDGING TURF o STREETS o PARKS coNTRACT BEDDING (ALL AREAS) TABLE III (CONTINUED...) CITY OF DUBLIN JUNE 15, 1999 1998-99 RATES 1999-2000 PROPOSED RATES 117.55 AC 152.22 AC $45.90 AC 45.90 AC 48.32 AC 48.32 AC 12.09 MLF 12.09 MLF 94.32 MO/AC 134.48 AC 168.24 AC $356.5O AC 46.O0 AC 69.00 AC 46.00 AC 16.10 MLF 13.80 MLF 219.65 MO/AC CHANGE 16.93 16.02 $310.60 0.10 20.68 (2.32) 4.01 1.71 125.33 PERCENT CHANGE 14.4% 10.5% 676.7% O.2% 42.8% -4.8% 33.2% 14.1% 132.9 % Page 3 of 3 DUBLIN, CITY OF - TABLE 3 - 1999-2000 - 6/15/99 (CONT MGMT - X) TABLE IV CiTY OF DUBLIN STAFFING COMPARISONS JUNE 15,1999 AREA I POSITION PUBLIC WORKS ADMIN. SUPERINTENDENT BUILDING MANAGEMENT LLI LLII STREET MAINTENANCE LLF LLL LLII LLlll TREET TREE LLF LLL LLII LLItl 1997-98 1998-99 1998-99 1999-2000 ACTUAL FINAL ESTIMATED PROPOSED 1.00 1.00 1.00 1.00 0.80 0.94 0.89 0.90 0.11 0.14 0.15 0.14 0.91 1.08 1.04 1.04 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.20 0.20 0.20 0.20 0.90 0.78 0.71 0.94 1.40 1.28 1.21 1.44 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0,30 0.30 0.30 0.30 0.10 0.21 0.14 0.08 0.52 0.63 0.56 0.50 STREET LANDSCAPE MAINT. LLF 0.28 0.28 0.28 0.28 LLL 0.28 0.28 0.28 0.28 LLI 0.50 0.40 0.40 0.40 LLII 0.70 0.69 0.76 0.69 LLlll 1.31 1.33 1.63 1.97 PARK MAINTENANCE LLF LLL LLI LLII LLtll 3.07 2.98 3.35 3.62 0.49 0.49 0.49 0.49 0.49 0.48 0.48 0.48 0.60 0.60 0.60 0.60 1.51 1.41 1.45 1.50 1.24 1.65 1.57 2.02 4.33 4.63 4.59 -- 5.09 Page I of 2 TABLE IV CITY OF DUBLIN STAFFING COMPARISONS JUNE 15, 1999 (CONTINUED ...) AREA / POSITION HERITAGE CENTER LLII 1997-98 1998-99 1998-99 1999-2000 ACTUAL FINAL ESTIMATED PROPOSED 0.07 0.09 0.06 0.06 CEMETERY LLF 0.02 0.02 0.02 0.02 LLL 0.02 0.02 0.02 0.02 LLII 0.0.9 0.09 0.07 0.09 LLIII 0.11 0.09 0.06 0.09 0.24 0.22 0.17 0.22 FIRE STATION BLDG. MAINT. LLI 0.10 0.06 0.11 LLII 0.02 0.08 0.01 0.10 0.02 0.12 0.14 0.12 0.12 FIRE STATION LANDSCAPE LLL 0.01 0.01 LLIII 0.01 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.02 MCE GRAND TOTAL Supt. 1.00 1.00 1.00 1.00 LLF 1.00 1.00 1.00 1.00 LLL 1.00 1.00 1.00 1.00 LLI 2.00 2.00 2.00 2.00 LLII 3.00 3.00 3.00 3.00 LLIII 3.67 4.07 4.12 5.10 11.67 12.07 12.12 13.10 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 19 hours for Community Events (Promotion). Page 2 of 2 DUBLIN, CITY OF -TABLE 4 -1999-2000 - 6/15/99 (CONT MGMT- X) EXHIBIT B PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed the total sum of One Million Two Hundred Thirty-Two Thousand Eight Hundred Ninety Two Dollars ($1,232,892) 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 listed in Attachment 1. The actual amount paid to the Contractor shall be based on the amount of work performed according to the costs outlined in Attachment 1 and any subsequent "Additional Work" approved by the City. Work items listed in Attachment 1 shall be billed on a unit price basis or otherwise as set forth in Attachment t. Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of work. For work listed as "Time and Materials" (T & M), Contractor shall bill the Ci;ry on the basis of actual costs to the Contractor plus a percentage as stated in Attachment 1, Section C to cover overhead and management costs. 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 unit 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 writing before work is performed. For Emergency Work when prior approval is not pos_sible and when unit prices have not been agreed upon, the City and Consultant shall agree as soon as possible after the work is performed on the amount of compensation based on costs for related jobs. Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of tkis Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 July 1, 1999 EXHIBIT B ATTACHMENT 1 - SCHEDULE OF WORK CITY OF DUBLIN PROPOSED CITY BUDGET FISCAL YEAR 1999-:2000 JUNE 15, 1999 A. SCOPE OF WORK The following breakdown identifies tasks which are anticipated to be conducted as part of the Annual Public Works Maintenance Agreement for the Fiscal Year 1999-2000. Annual estimated costs inclUde management fees as provided in Section C. Contractor shall schedule work to adhere to these expenditure levels as provided for in this Agreement. STREET O O O O O O O O O O O O ACTIVITY / SUB-ACTIVITY MAINTENANCE Street Repair Drainage Maintenance NPDES Drainage Maintenance Storm Patrol/Clean Up Curb & GuttedSidewalks Sign Repair/Maintenance Neighborhood Watch Signs Striping/Marking Guardrail Repair Weed Abatement Bike Path Maintenance Spill Clean Up 1999-2000 ESTIMATED ANNUAL EXPENDITURE Activity Total - $ 16,000 1,785 5,630 11,565 1,60~ 22,047 500 4,720 214 27,603 3,227 6,010 100,906 MAINTENANCE SUPERVISION 92,390 STREET TREE MAINTENANCE o O O O MCE/Contract Tree Maint - General Fund MCE/Contract Tree Maint- Stagecoach A.D. MCE/Contract Tree Maint- Dougherty A.D. MCE/Contract Tree Maint - Emerald Glen A.D. Activity Total 46,320 '2,335 6,270 4,605 59,530 Page I of 5 STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) O O O O Existing Streets Stagecoach Assessment District Dougherty Assessment Dis[dct Emerald Glen Assessment District Activity Total $ . $ 22O,77O 36,220 44,260 26,550 327,800 Includes $ ! 3,805 for St. Patrick's Day Parade & Festivities (Community Promotions) PARKS MAINTENANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Stagecoach Park Kolb Park Dolan Park Alamo Creek Park Dougherty Hills Dublin Sports Ground Mape Park Shannon Park Dublin Swim Center Civic Center Senior Center Martin Canyon Creek Murray School Ballfield Emerald Glen Park BUILDING MANAGEMENT HERITAGE CENTER MAINTENANCE CEMETERY / GROUNDS FIRE STATION BUILDING FIRE STATION GROUNDS Activity Total $ $ $ $ $ $ 11,251 44,158 28,177 45,920 24,545 139,158 23,494 61,004 18,708 53,544 580 10,735 55O 64,850 526,674 93,935 4,517 15,245 9,940 1,955 Total 1999-2000 Estimated Annual E×penditure 1,232,892 Page 2 of ,5 B. UNIT PRICES The following.activities shall be completed at the Unit Prices indicated. The unit prices are inclusive of all labor, materials, equipment, overhead and management fees. ACTIVITY / SUB-ACTIVITY BEDDING WEED CONTROL o Streets & Parks 1999-2000 UNIT PRICE $ 219.65 per Acre per Mo. CHEMICAL WEED CONTROL R.O.W. $ 103.50 perAcre TURF MAINTENANCE Fertilize Only Turf o All Parks Except Civic Center $ 85.80 per Acre Broadleaf Spraying Turf o All Parks Except Civic Center $ 73.70 per Acre Fertilize / Broadleaf Turf o All Streets o Civic Center Aeration Turf o Streets & Fire Station o All Other Parks $ 134.48 perAcre $ 168.24 perAcre $ 356.50 perAcre $ 46.00 perAcre Mow Turf o Streets, Fire Station, Stagecoach Park o All Other Parks $ 69.00 perAcre $ 46.00 perAcre Edging Turf o Streets o Parks $ 16.10 perMLF $ 13.80 perMLF TREE MAINTENANCE o Tree Pruning o 0"- 4" Class 1 o 4"- 8" Class 1 o 8"- 16" Class 2 o Over 16" O Fungus Spraying 20.70 per Tree 33.35 per Tree 66.70 per Tree By Bid 5.04 per Tree Page 3 of 5 DUBLIN, CITY OF - EXHIBIT B, PG 1-3 - 1999-2000 - 6f15/gg (CONT MGMT - X) C. TIME AND M%TERIALS RATES The following rates shall be applied to work performed by the Contractor which is not specified in Section B (Unit Prices). At all times the Contractor shall strive to utilize the most cost effective elements possible to complete a project. Appropriate overhead and management fees are included in the labor and equipment rates listed below. DESCRIPTION LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreperson Landscape Leadperson Landscape Laborer I Landscape Laborer II Landscape Laborer III Landscape Laborer IV OVERTIME HOLIDAY HOURLY HOURLY HOURLY RATES RATES RATES 44.5O $ 66.75 34.10 51.15 30.50 45.75 28.70 " 43.05 24.30 36.45 19.50 29.25 14.60 21.90 MCE Crew Superintendent LoadedBackhoe Operator Asphalt Paver Operator Roller Operator Truck Driver 8-12 C.Y. Truck Driver 4-6 C.Y. Truck Ddver 3 C.Y. Transit Cement Finisher Laborer Foreman Laborer I Laborer I1 Laborer 111 64.OO $ 96.OO 62.80 94.20 60.65 90.98 60.65 90.98 51.70 77.55 50.85 76.28 51.35 77.03 49.70 74.55 45.90 68.85 44.60 66.90 44.35 66.53 44.20 66.30 DESCRIPTION EQUIPMENT RATES Dublin Crew * Flatbed Dump · Pickup Chain Saw Brush Cutter EQUIP. COST HOURLY RATE 7.85 6.60 5.05 4.40 89.00 68.20 61.00 57.40 48.60 39.00 29.20 128.00 125.60 121.30 121.30 103.40 101.70 102.70 99.40 91.80 89.20 88.70 88.40 Page 4 of 5 DESCRIPTION EQUIPMENT RATES (CONTINUED) Power Blower Power Hedge Tdmmer Trailer- Small (8') Power Washer Electric Welder Portable Generator Water Trailer EQUIP. COST HOURLY RATE 1.85 3.10 2.25 11.25 6.25 5.05 8.75 MCE Crew Large Asphalt Paver Asphalt Paver Backhoe Loader Roller-Vibratory 5-8 Tons Roller-Vibratory 3-5 Tons Dump Truck 8-12 C.Y. Dump Truck 4-6 C.Y. Transit Truck 3 C.Y. Saw Truck Pickup Crew Cab Pickup Concrete Saw-Self Propelled Concrete Saw - Small Air Compressor Bitumal Pot Vibra Plate - Wacker Power Berm Machine 62.50 46.90 40.65 37.50 34.40 31.25 37.50 34.40 34.40 18.75 12.50 11.25 25.00 6.25 18.75 11.25 10.00 10.00 18.75 OVERHEAD AND MANAGEMENT FEES Applied to Subcontract Work and Matedal Costs 10 percent * NOTE: Dublin Flatbed and Pickup rates include cost of two way radios and hand tools. Page 5 of 5 DUBLIN, CITY OF - EXHIBIT B, PG 4-5 - 1999-2000 (6/15i99) (CONT MGMT - X) EXHIBIT C 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 which routine maintenance may be dispatched. The location, quantity, and time of furnishing said physical 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 communication charges, vehicles, and reproduction facilities. Exhibit C Page I of 1 July 1, 1999 EXHIBIT D GENERAL PROVISIONS INDEPENDENT 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. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he has all licenses, permits, 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, pe~-mits, and approvals which are legally required for Contractor. o 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. INSURANCE REQUIREMENTS. 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 with 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) covering 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 Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: Exhibit D Page 1 of 4 July 1, 1999 Co General Liability: $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 limit 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. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liabilky and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are 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 contribute with 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 claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. Exhibit D Page 2 of 4 July 1, 1999 Eo The insurer shall agree to waive all rights 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 policy required 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. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. o Verification of Coveraee. 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 fight to require complete, certified copies of all required insurance policies, at any time. Go 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. 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 have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBI~D. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 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. 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 Exhibit D Page 3 of 4 July 1, 1999 10. 11. instruments of service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Contractor's work. 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 wkh 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 the City, its officers, officials, employees, and agents from and against any or all 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 all 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 execution 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 liability under this paragraph. GOVERNMENTAL 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. 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: (contracts) \maint\agrement Exhibit D Page 4 of 4 July 1, 1999