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HomeMy WebLinkAbout8.5 MCE Agmtor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL June 19, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -30 Review of Services and Approval of a New Agreement with MCE Corporation Prepared by Jaimee Bourgeois, Transportation & Operations Manager EXECUTIVE SUMMARY: The City of Dublin has contracted with MCE Corporation for various maintenance services since 1984. The City Council will review an analysis of services provided and consider approving a new five -year agreement. FINANCIAL IMPACT: The cost of MCE's services (approximately $3.57 million) is budgeted within individual Operating Budgets for FY 2012/13. RECOMMENDATION: Staff recommends that the City Council: 1) Review the analysis of services provided by MCE Corporation; 2) Authorize the procurement as an exception to the requirement for competitive bidding; and 3) Adopt the resolution approving agreement with MCE Corporation, Inc. for Maintenance Services. x Submit ed By Public Works Director DESCRIPTION: Submitted By Administrative Services Director Reviewed by Assistant City Manager The City of Dublin has contracted with MCE Corporation for various maintenance services since 1984. Services provided by MCE Corporation include the following: • Street Repair • Drainage Maintenance • Storm Patrol • Curb, Gutter, and Sidewalk Repair • Sign Maintenance • Striping and Markings Page 1 of 6 ITEM NO. 8.5 • Guardrail Repair • Weed Abatement • Bike Path Maintenance • Spill Cleanup • Maintenance Supervision • Street Tree Maintenance • Street Landscaping Maintenance • Community Promotions • Park and Facility Grounds Maintenance • Building Management and Maintenance The current three -year agreement with MCE Corporation expired on June 30, 2009, and two amendments were approved by the City Council to extend the agreement until June 30, 2012. The agreement allows for annual rate adjustments commensurate with the San Francisco Bay Area Consumer Price Index (CPI) rate of inflation for Urban Wage Earners, although due to the downturn in the economy, an adjustment has not been granted for three years. The City of Dublin Municipal Code (Chapter 2.36 PURCHASING) allows for services for maintenance and repair of buildings, facilities, and streets to be procured without a competitive bid process, provided that the City Council authorizes a waiver from the competitive bidding. As such, a competitive bid process is not required to secure an agreement with MCE Corporation. Staff feels it is prudent, however, to review the scope of work to confirm that sufficient and quality service is provided while containing costs, and to compare the contract cost with other options, such as maintaining in -house staff, to ensure fiscal sustainability. The following report discusses the cost - effectiveness of continuing to utilize MCE's services, reviews their performance to date, and describes the changes in the proposed agreement. Cost - Effectiveness Comparison to In -House Staff Staff has reviewed the services provided by MCE Corporation in terms of whether these services could be more cost - effectively provided by an in -house maintenance crew. Personnel Cost: Using data of salaries and benefits provided by a neighboring city with a similar maintenance crew structure, a comparison of personnel costs was conducted by staff. Table 1 presents the approximate cost of MCE's current staff assigned to the Dublin contract, including MCE's overhead. This cost does not include vehicle or equipment costs. While the City only pays for hours actually expended, MCE prepares budgets and assigns staff based on 1,950 hours per staff person. As shown in Table 1, the total budgeted cost for 22.86 full -time equivalent (FTE) employees based on 1,950 hours per year is just under $1.7 million. Page 2 of 6 TABLE 1 - MCE Personnel Cost Summary MCE Position Title No. of FTE Rate' Total Budgeted Hours by Position Total Annual Cost Maintenance Supt. 1 $62.80 1,950 x 1 = 1,950 $122,460 Foreman 3 $48.05 1,950 x 3 = 5,850 $281,093 Landscape Laborer (LL) 1 8.02 $40.40 1,950 x 8.02 = 15,639 $631,816 Landscape Laborer (LL) 2 4.88 $34.40 1,950 x 4.88 = 9,516 $327,350 Landscape Laborer (LL) 3 5.96 $27.50 1,950 x 5.96 = 11,622 $319,605 Total: 22.86 Staff 44,577 $1,682,324 Note: 1. Includes benefits but not equipment or vehicles Table 2 assumes an average salary for comparable positions in a neighboring city, calculated with benefits included. It should be recognized that in -house staff would also have more paid holidays and paid leave time than MCE contract staff, and so it is likely that an in -house crew would require additional personnel to make up the difference. The estimated time actually worked per year for in -house staff, allowing for 13 paid holidays and 22 leave days is 1,800 hours, while the paid hours would be 2,080. The difference in actual hours worked between the budgeted MCE hours and the estimated in- house hours is 3,429. Based on 1,800 hours, this is 1.91 FTE. Applying a weighted average personnel cost to the additional 1.91 FTE, Table 2 provides an equivalent cost difference between MCE staff and an assumed number of in -house staff of about $800,000 per year. TABLE 2 - Estimated In -House Personnel Cost Summary Position Title No. of No. of No. of Hours Average FTE Hours Paid with Rate Total Annual Worked Equivalent Including Cost Based on with Staff Based Benefits 2,080 Hrs. Equivalent on 2,080 Staff Based on 1,800 Program Manager 1 1,800 2,080 $85.52 $177,882 (Supt.) Coordinator (Foreman) 3 5,400 6,240 $55.20 $344,448 Specialist (LL 1) 8.02 14,436 16,682 $49.50 $825,759 Technician II (LL2) 4.88 8,784 10,150 $44.36 $450,254 Technician I (LL3) 5.96 10,728 12,397 $39.75 $492,781 Subtotal: 22.86 41,148 47,549 $2,291,124 Additional Staff Req'd 1.91 3,429 3,973 $48.18 $191,419 Wt. avg) Total 24.77 44,577 51,522 $2,482,543 The in -house figures shown in Table 2 do not include any incidental costs for the types of tools and supplies (such as safety vests, hard hats, steel toe boots, rain gear, etc.) that are included in MCE's overhead figures. While the MCE rates do not include the cost of City staff time for contract administration, the sample in -house costs likewise do not include any of the administrative time that would be incurred by Human Resources, Finance and Administrative Services or other management staff for personnel management. These overhead charges Page 3 of 6 could further expand the margin between contract maintenance and in -house maintenance costs. Vehicles and Equipment Costs: Under the agreement, the City pays MCE a specific hourly rate for major equipment, such as vehicles, power trimmers, and blowers. If the City were to purchase such equipment, it would incur the initial capital cost for the purchase, as well as the ongoing fuel and maintenance cost. At this time, the City owns few vehicles and very little equipment of the type that would be used by maintenance staff. As the closest example among existing City vehicles, the annual budgeted cost for fuel, maintenance, and depreciation for a Public Works Inspector's truck (full -size pickup) is approximately $8,980 per vehicle per year, based on a 7 -year life span. These budget estimates include a factor for normal repairs but not for extraordinary repairs. Also, government agency vehicles are exempt from annual licensing costs and pay a lower gas tax rate. Based on approximately 1,911 hours of use per year (at 7 hours per day and 5.25 days per week and 52 weeks per year), the hourly operating cost for an inspector vehicle is $4.70, which is considerably less than the $10.30 per hour rate for a comparable MCE pickup. The portion of the $10.30 MCE cost that includes simply the depreciation, fuel, and maintenance is $4.71; the balance pays the cost of insurance, tools, uniforms and gear, licensing and administrative costs. MCE depreciates trucks on a five -year cycle, which would cause their percentage of depreciation to be somewhat higher than the City's. MCE is currently utilizing a total of 16 pickup truck or flatbed type vehicles, which are billed to the City based on actual hours used, and budgeted based on 1,950 hours per year. The 16 vehicles billed at $10.30 per hour for 1,950 hours per year equates to $321,360. The portion of that that covers depreciation, fuel and maintenance is $146,952. In comparison, the City would spend approximately $143,680 per year to maintain 16 City vehicles, which could result in a cost savings of approximately $3,300 per year. Staff considered the possibility of purchasing the vehicles to be used by MCE personnel, similar to the purchase of police vehicles, which are used by the contract police personnel. On the basis of the large capital expenditure that would be required to obtain the equipment, the additional staff time required for purchasing, accounting, vehicle maintenance, and other administrative functions, and potential liability issues concerned with ownership of vehicles, it is recommended that the vehicles continue to be included in this contract; however, further evaluation and consideration may take place in the future. Cost - Effectiveness Comparison to Other Contractors This contract has not been competitively bid because the City has wanted to continue utilizing one maintenance contractor for all of the diverse services provided, rather than contracting with a number of different firms. The contract was bid several years ago, but there were no other suitable service providers that could meet the City's needs. Two of the City's landscape maintenance assessment districts are currently being served by a different contractor, Pacheco Brothers Gardening, Inc., whose performance is overseen and supplemented by MCE staff. Other services that are provided by different contractors and managed directly by City Staff are street sweeping, traffic signal and street lighting maintenance, striping and marking maintenance, and some of the specialized building maintenance functions. There are 15 major maintenance functions, plus management, that are provided through MCE's contract, either by MCE staff or by various subcontractors managed by MCE. The benefit to utilizing a single contractor is that the staff time needed to manage and coordinate the contract Page 4 of 6 work is reduced significantly. The Maintenance Superintendent position currently provided by MCE would likely have to become a staff position in order to manage multiple contracts, monitor performance, and coordinate the work. Having a crew assigned to Dublin also provides for a more versatile contract staff that can work on multiple types of maintenance, providing a timely response when needed. While some maintenance functions are scheduled and performed on a routine basis, other services are performed as needed or requested, notably response to emergency situations such as an obstruction in the right -of -way, a plumbing leak, flooding, spill cleanup, a missing traffic sign. MCE staff are listed on the City's emergency callout sheet and respond on a 24 -hour, 7 -day per week basis. Since the City requires payment of prevailing wages for all applicable contracts, it is not likely that the rates charged by other contractors for the same work would be substantially different. As noted in the personnel cost section above, the cost of an in -house Superintendent -level staff member to manage multiple contracts could be considerably higher than the cost of the MCE Superintendent. The example given is a differential of approximately $55,000 per year, based on an average pay rate plus benefits. Furthermore, continuing to utilize MCE provides for efficiencies and consistency that would be lost if the contract was provided to another contractor or multiple contractors. MCE staff is knowledgeable of the details, means, and methods of services provided within the City of Dublin within all levels of the organization (from field crews to executive staff). Maintaining this efficiency helps to contain costs. Quality Assurance and Expertise Public Works staff and the MCE Superintendent meet weekly to discuss current and outstanding work requests. In addition to routine meetings with the MCE's Superintendent, Public Works Staff has continued its Service Request System, which tracks work requests for buildings and landscape /park - related maintenance. This system is primarily used to track building maintenance work requests generated by Staff. Following completion of a request, Public Works Staff electronically distributes a rating form requesting feedback on work quality, promptness, and courtesy. The following table delineates the number of requests received over the course of three fiscal years, the average number of days for completion, and the average rating received out of a possible 4.0 (4 being excellent, 1 being poor.) Building Maintenance Request Data 2010/11 2009/10 2008/09 Number of Requests 475 652 601 Average Days to Complete 3.36 7.49 4.41 Average Rating 3.90 3.87 3.98 MCE staff also participates in the City's Request Tracker System, receiving and responding to requests related to their activities. Safety and Insurance MCE has provided copies of all requested documentation, including an Illness and Injury Prevention Plan (IIPP), Emergency Action Plan (EAP), Material Safety Data Sheets (MSDS) for Page 5 of 6 all products used, certifications for the use of materials such as pesticides and herbicides, training programs, etc. MCE participates in Spare the Air Days by reducing the use of gasoline powered equipment, and complies with adopted environmental regulations and as many recycling practices as possible. As a part of the agreement package, MCE also provides specific levels and types of liability, auto liability, and workers compensation insurance. Under the terms of the agreement, MCE is responsible for its personnel management, which includes safety and other training programs. Benefits Associated with New Agreement To facilitate fiscal sustainability, the term of the new agreement is five years instead of three years, with the option to extend for up to five additional years. In addition, MCE has agreed to the following: • Labor rate adjustments based on the CPI are limited to two years over the course of the five year term (minimum of 1 % and maximum of 4 %). • The mark -up on materials is reduced from 15% to 10 %. • Subcontractor mark -up is reduced from 15% to 13 %. • MCE to assume cost of routine maintenance at corporation yard ($15,000 /year maximum). • MCE to assume cost of Dublin High School Homecoming Parade traffic control. • MCE to provide '/2 of one percent of total contract amount (approximately $18,000) as a volunteer community gift. The combined savings for the above items is approximately $60,000 per year plus the volunteer community gift. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of this staff report was provided to MCE Corporation. ATTACHMENTS: 1. Resolution Approving Agreement with MCE Corporation, Inc. for Maintenance Services 2. Exhibit A to the Resolution - Services Agreement between the City of Dublin and MCE Corporation, Inc. Page 6 of 6 RESOLUTION NO. - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH MCE CORPORATION, INC. FOR MAINTENANCE SERVICES WHEREAS, the current agreement with MCE Corporation, Inc. for Maintenance Services expired on June 30, 2009, and was extended until June 30, 2012; and WHEREAS, the City of Dublin has reviewed the scope of work and a new five -year agreement has been prepared which has been reviewed by both the City of Dublin and MCE Corporation, Inc.; and WHEREAS, Sections 2.36.050(A)(8 and 9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is procuring services for the maintenance and repair of buildings, facilities, and public streets; and WHEREAS, when an exception to the bidding process exceeds twenty thousand dollars ($20,000), the action must be authorized by the City Council; and WHEREAS, existing labor rates will remain in effect for Fiscal Year 2012 -2013; and WHEREAS, the proposed agreement allows for future labor rate adjustments in two out of the five years of the contract term, to be implemented on July 1 of each year in which an adjustment will be applied, subject to approval by the City Council by way of a contract amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the procurement of services without a public bidding process and authorize a new five -year Services Agreement with MCE Corporation, Inc. with an effective date of July 1, 2012. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED this 19th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Reso No. XX -11, Adopted XX/XX/XX, Item 4.6 Page 1 of 2 Mayor City Clerk Reso No. XX -11, Adopted XX/XX/XX, Item 4.6 Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MCE CORPORATION, INC. THIS AGREEMENT for services is made by and between the City of Dublin ( "City ") and MCE Corporation, Inc. ( "Contractor") as of July 1, 2012. Section 1`. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services attached as Exhibit A at the time and place and in the manner specified therein in the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2017, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 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 in which Contractor practices its profession. Contractor shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Contractor's profession. r 1.3 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor's obligations hereunder. Contractor shall not be responsible for delays beyond Contractor's reasonable control. 1.4 Employment and Supervision of Personnel, Means and Methods of Work. 1.4.1 Contractor's Obligations. The Contractor agrees, as follows: a. Contractor shall have the responsibility for supervising all of Contractor's employees performing work under this Agreement. b. Contractor shall be solely responsible for determining what personnel are required to perform the services required. City may, however, request reassignment of any personnel assigned by Contractor to provide services pursuant to this Agreement. Contractor shall reasonably consider but is not required to make the requested reassignment. — C. Contractor shall be solely responsible for interviewing, selecting, hiring, reviewing, and promoting its employees. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 1 of 15 i d. i Contractor shall be solely responsible for performing periodic performance reviews of its employees performing work under this Agreement. e. Contractor shall be solely responsible for establishing standards of performance for its employees, consistent with the requirements which must be satisfied in order for Contractor to satisfactorily perform its services under this Agreement. f. Contractor shall be solely responsible for the temporary or permanent reassignment of its employees as Contractor shall deem appropriate, after reasonably considering any request from City. g. Contractor shall be solely responsible for replacing any employees providing services to City on behalf of Contractor. h. Contractor shall be solely responsible for establishing a policy, if any, for the business expense reimbursement of its employees. i. Contractor shall be solely responsible for determining the compensation and benefits of its employees. j. Contractor shall in its sole discretion determine what employment benefits it may provide to its employees: Contractor acknowledges that its employees are not entitled to benefits provided 'under the Public Employees Retirement System (" PERS "), as they are not City employees. k. Contractor shall be solely responsible for determining the hours of employment of its employees, but for administrative efficiency shall review City's general operating hours when making such determinations. 1. Contractor shall be solely responsible for setting the holidays and approving vacation time for its employees, but for administrative efficiency shall review the City's holiday schedule when making such decisions. M. Contractor shall be solely responsible for all matters pertaining to the discipline of its employees. n. Contractor shall be solely responsible for providing professional training to its employees. 0. To the extent that any professional licenses may be required, Contractor _ shall be solely responsible for assuring that its employees maintain all such professional licenses. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 2 of 15 P. The Contractor shall make all appropriate withholdings from each of its employee's compensation as may be required by Federal, State and local law. q. The Contractor, not the City, shall have the sole right to control the details, means and methods of the services performed by Contractor's employees. r. Contractor shall be solely responsible for determining which of Contractor's employees performs any specific services. S. Contractor shall be responsible for determining the sequence and order in which any services are to be performed by Contractor's employees. t. Contractor shall be solely responsible for providing its employees with such equipment and facilities as they may require in order to perform the work under this Agreement. U. Contractor shall be solely responsible for providing its employees with such supplies as they may require in order to perform the work under this Agreement. V. Contractor shall be solely responsible to locate its employees at such locations as Contractor deems advisable to effectively perform its services to the City. W. Contractor shall be solely responsible for negotiating and administrating all labor relations agreements and personnel rules and procedures between Contractor and its employees rendering services pursuant to this Agreement. X.. Contractor shall not at any time identify its employees as employees of the City, and Contractor shall take all reasonable measures to ensure that its employees do not identify themselves as employees of the City, including without limitation, any business cards maintained by Contractor's employees shall clearly identify them as employees of Contractor, and any uniforms worn by Contractor's employees shall clearly identify them as employees of MCE performing work for the City. Y. Contractor shall issue to its employees the appropriate W -2 forms as required by the Internal Revenue Code. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inca Page 3 of 15 ti I i i 1.4.2 City's Obligations. City agrees, as follows: a. City shall not interfere with Contractor's supervision of Contractor's employees. b. City shall not interfere with Contractor's determination of which of Contractor's personnel are assigned to perform the services required under this Agreement. City may, however, request reassignment of any personnel assigned by Contractor to provide services pursuant to this Agreement. Contractor shall reasonably consider but is not required to make the requested reassignment. C. City shall not interfere with Contractor's hiring of personnel. d. City shall not perform any reviews of Contractor's personnel and shall not discuss with Contractor's personnel any matters relating to their performance, except that the City's Contract Administrator may communicate to Contractor's representative a request for reassignment of Contractor employees providing service under this Agreement. e. City shall not interfere with Contractor's decisions relative to which of Contractor's personnel shall be temporarily or permanently reassigned to work on Contractor's projects for other clients. f. City shall not interfere with Contractor's decisions to replace any employees providing services to City on behalf of Contractor: g. City shall not interfere with Contractor's establishment of policies relating to business expense reimbursement of Contractor's employees, if any: h. City shall not interfere with Contractor's determination of the compensation and benefits of Contractor's employees: i. Contractor is and at all times has been an independent contractor, Contractor's personnel are and at all times have been employees of Contractor and not employees of City and that neither City nor Contractor is /were obligated by any statute, rules or decisional law to make contributions to PERS on behalf of one or more of Contractor's employees. City shall not interfere with Contractor's establishment of retirement plans or other benefits for Contractor's employees. City shall make no representation to Contractor's employees that Contractor's employees are entitled to membership in PERS or that Contractor's employees are entitled to any benefits afforded to City's employees under the California Public Employees' Retirement System. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 4 of 15 i l j. City shall not interfere with Contractor establishment of working hours for Contractor's employees but may inform Contractor of its regular working hours. k. City shall not interfere with Contractor establishment of such holidays as will be honored by its employees, or with Contractor's decision to approve or disapprove any request from a Contractor's employee for vacation time. City may, however, inform Contractor of its holiday schedule. i. City shall not interfere with disciplinary measures taken by Contractor with its employees. M. City shall not interfere with Contractor's right to control the details, means and methods of the services performed by Contractor's employees but may provide Contractor with information regarding relevant standards, including those contained in the City's Resource Management Plan dated June 2004. n. City shall not interfere with Contractor's determinations relating to which of Contractor's employees are assigned to perform any specific services. o. City shall not interfere with Contractor's determinations of the sequence or order in which any services are performed by Contractor's employees. P. City shall not interfere with Contractor's determinations of where to locate Contractor's employees. a q. City shall not interfere with Contractor's negotiation and administration of any labor relations agreements and personnel rules and procedures. r. City shall not at any time identify Contractor's employees as employees of the City. 1.4.3 Communication Regarding Performance of Work. To the extent administratively feasible, City and Contractor shall make reasonable efforts to limit communication between the City's Contract Administrator and Contractor's employees performing services under this Agreement regarding the work to be performed. The Contract Administrator shall forward calls for service and emergency repairs and questions from the public to Contractor's Maintenance Superintendent, and Contractor's Maintenance Superintendent shall relay that information to the Contractor employees performing services under this _ Agreement.` Any discussions regarding the overall implementation of the scope of — services shall be between City's Contract Administrator and Contractor's representative. Contractor's representative shall communicate the implementation plan to and supervise Contractor's Maintenance Superintendent, who shall Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 5 of 15 I i oversee the performance of work by Contractor employees. Contractor employees shall provide status updates to Contractor's Maintenance Superintendent, who shall communicate the information to Contractor's representative who shall discuss progress in implementing the scope of services with City's Contract Administrator. The foregoing limitations shall not apply in cases of emergency, in which event City and Contractor employees may communicate as necessary to address the emergency conditions. Additionally, City's Contract Administrator and Contractor's Maintenance Superintendent may communicate directly, when necessary to clarify details of the implementation of the scope of services. Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount not to exceed the sum or sums set forth in Exhibit B for services to be performed and reimbursable costs incurred under this Agreement. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City i therefore has no responsibility for such contributions beyond the compensation provided for in this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs 3 incurred prior to the invoice date. Invoices shall contain the following information: • Clear numerical identification, with no duplication of numbering; • The beginning and ending dates of the billing period; • For each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;' 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for _ services satisfactorily performed, and for authorized reimbursable costs incurred. City — shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 6 of 15 3 3 i 2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. Unless specifically set forth in Exhibit B, City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. Unless specifically set forth in Exhibit B, City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the Compensation Schedule attached hereto as Exhibit B. 2.5 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.6 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.7 Rate Adjustments. Contractor will be entitled to two rate adjustments during the term of this agreement. The first rate adjustment shall take effect on the first anniversary of this Agreement (effective July 1, 2013). The second rate adjustment shall take effect on the second anniversary of this Agreement (effective July 1, 2014). The amount of said increases shall be approved by the City in conjunction with the annual budget process described in- Exhibit B. If the Contractor chooses to not implement an adjustment effective July 1, 2014, the Contractor may implement an adjustment to take effect on either the third anniversary of this Agreement (effective July 1, 2015) or the fourth anniversary of this Agreement (effective July 1, 2016). The adjustment shall be calculated based on the U.S, Department of Labor's Consumer Price Index for Urban Wage Earners for the San Francisco- Oakland Bay Area published for December of each year ( "December Index "). If the most recent December Index has increased over the December Index for the prior year, the rate adjustment shall be calculated by multiplying the rates for the current year by a fraction, the numerator of which is the most recent December Index and the denominator of which is the December Index for the preceding year. In no event shall any rate adjustment exceed a 4% increase or be less than a 1 % increase over the prior rates. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate and shall provide notice to Contractor of such new rates by March of each year in which the Contractor elects to implement a rate adjustment. _ SAMPLE CALCULATION: (Using 1 % index increase as an example) HOURLY CHARGE RATE $150.00 /hr INDEX INCREASE (Assuming 1%) 150 x.01 =1.50 1.50 /hr — $151.50/hr Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 7 of 15 i Section 3. FACILITIES AND EQUIPMENT; Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. 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 the City. City shall continue to furnish a yard facility from which routine I maintenance may be dispatched. The location, quantity, and time of furnishing those facilities shall be at the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, and employees. Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor's bid. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Verification of Coverage. Contractor has furnished and City has approved the insurance coverages and limits sets forth in the policies described in the certificate of insurance with endorsements by California Insurance Center dated July 28, 2011. Contractor shall maintain the same coverages, scope, and limits that are set forth in the certificate of insurance with endorsements as approved for the duration of this Agreement. 4.2 Notice of Reduction in Coverage. In the event that any coverage approved pursuant to Paragraph 4,1 is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage, 4.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such _ insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and /or Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inca Page 8 of 15 ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall defend, indemnify and hold harmless City and its officers, officials, employees, agents and volunteers from any and all liability, loss, damage, claims, expenses, attorneys' fees and costs caused either directly or indirectly by Contractor's negligent act or omissions in performance Services defined by this Agreement. The Contractor's indemnity obligations hereunder exists irrespective of whether or not a third party claimant specifically identifies Contractor in his claim; and irrespective of whether or not such claimant actually joins Contractor as a party to any litigation. The Contractor must respond within 30 days to any tender the City may make hereunder of its defense and indemnity, unless the time has been extended by the City. Failure to so respond may subject Contractor to liability for detriment caused to the City by delay. In addition to the foregoing, and irrespective of whether Contractor acts negligently or not, Contractor shall defend, indemnify and hold harmless City and its officers, officials, employees, agents and volunteers from any and all liability, loss, damage, claims, expenses, attorneys' fees and costs relating to a claim that with respect to this Agreement and the provision of services pursuant to this Agreement: (1) City or Contractor has violated the provisions of Labor Code sections 1770 of seq., with respect to payment of prevailing wages, maintenance of payroll records, and payment of penalties under Labor Code Section 1775, or (2) that City or Contractor has violated the provisions of Article 4 of Chapter 1 of Part of the Public Contract Code, relating to contracting by local agencies. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 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; otherwise City shall not have the right to control the means or methods by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees _ Retirement System(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 9 of 15 1 6.2 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. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program, provided that Contractor has actual notice of such rules and regulations. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense; keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. i 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 10 of 15 i i Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. Either party may cancel this Agreement upon ninety (90) days' written notice to the other party. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. Notwithstanding the foregoing, City shall not require Contractor to deliver Contractor's Maintenance Management System and /or associated proprietary software to the City as a condition of payment of compensation. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement up to five additional years beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. During each year of the extension period, the City may at its sole discretion approve a rate adjustment following the methodology set forth in Subsection 2.7 to become effective on the anniversary date of this Agreement. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. No portion of the work pertinent to this contract, except that which is expressly identified in Exhibit C, shall be subcontracted without written authorization by the Contract Administrator. At the time that the Contractor Administrator's written authorization is sought for the subcontracting of work, Contractor shall submit certificates of insurance demonstrating the insurances coverages maintained by the Subcontractor and limits thereof in order for the City evaluate the adequacy of the subcontractor's insurance for the work to be performed. Contractor will be solely responsible for payment for such subcontract services. No contractual relationship will exist between any such subcontractors of the Contractor and the City. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 11 of 15 j i 1 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. , 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years after the term of this Agreement, or for any longer period required by law, 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and /or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds _ expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the — Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after the term of this Agreement. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 12 of 15 i j I Section 10 MISCELLANEOUS PROVISIONS. - 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. I 10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal s or less cost than virgin paper. 10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) _ months, an employee, agent, appointee, or official of the City. If Contractor was an — employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc: Page 13 of 15 i , I Government Code §1090 et.seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or i interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Gary Huisingh, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 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. 10.11 Work for Third - Parties. 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. 10.12 Notices. Any written notice to Contractor shall be sent to: MCE Corporation 6515 Trinity Court Dublin, CA 94568 Any written notice to City shall be sent to: Gary Huisingh City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 10.13 Integration. This Agreement, including the exhibits described in Section 10.14, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral 10.14 Exhibits. The exhibits to this Agreement consist of the following (a) Exhibit A entitled _ "Scope of Work "; (b) Exhibit B entitled "Compensation Schedule;" including Tables 1, 11, — and ill, and (c) Exhibit C entitled "Areas of Work to be Performed by Contractors of MCE Corporation, Inc." Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. Page 14 of 15 John Bakker, City Attorney 1 i i t EXHIBIT A SCOPE OF WORK A. Work. City has retained contractor to arrange for, supervise'and manage the performance_ of work described in items 1 through 32 below. 1 Street Repair. (2201.3201.64075) Street repair including pothole patching, crack filling and other asphalt pavement repairs as requested by the City. 2. Drainage Maintenance. (2201.3201.64076) Storm drainage system maintenance includes mechanical flushing of storm drains, the annual inspection and cleaning of catch basins, the cleaning of concrete v- ditches, and the clearing of stream channels of tree limbs and other vegetation debris. 3. Storm Patrol. (2201.3201.64077) The inspection and cleaning of drainage structures such as catch basin inlets, culverts, gutters, ditches and streams during storms with heavy rain and high winds. Includes the cleanup and disposal of accumulated debris after a storm. 4. Curb & Gutter /Sidewalk. (2201.3201.64078) Removal of existing damaged sidewalk and /or curb and gutter, haul away debris, compact existing base, dowel to remaining sidewalk, and replace section with new sidewalk or curb and gutter as requested by City. Includes other concrete repairs, such as temporary ramping of tripping hazards. 5. Sign Maintenance. (2201.3201.64079) Installation of a complete new sign, including post, where no sign previously existed as requested by City. Removal of a sign that has lost its legibility or reflectivity or has been damaged and install a new sign on the existing post as requested by City. 6. Neighborhood Watch Signs. (1001.3201.64079) Installation of new neighborhood watch signs f using general funds. 7. Striping and Marking.. (2201.3201.64080) The restriping or remarking of existing stripes and legends on a limited basis, or the painting or repainting of curb, as requested by City. Work under this activity generally is for quantities of work that generate less than the minimum order of unit priced work. 8. Guardrail Repair. (2201.3201.64081) Straighten, replace or repair damaged guardrail and posts as well as paint guardrail. 9. Weed Abatement. (2201.3201.64082) Cutting of weeds and vegetation in unimproved (non - _ landscaped) areas, landscaped or natural slope areas, firebreaks and open space areas with laborers using hand operated brush cutters, discing, or mowers. Includes application of pre- and post- emergent chemicals to control the growth of weed and other vegetation in unimproved areas. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. - Exhibit A Page 1 of 5 I 10. Bike Path Maintenance: (2201.3201.64083) All maintenance including cleaning, striping and marking, surface maintenance, etc., to maintain a bike path that is not adjacent to vehicle lanes within the street area and is not maintained as part of the normal surface street area. 11. Spill Clean -Up. (2201.3201.64084) Control and clean -up of any non- hazardous liquid material or assisting qualified personnel /companies in the clean -up of hazardous materials deposited on or near City Streets which represent a safety hazard to the public. Clean -up from accidents, spilled materials or assisting other crews performing such functions would be included. 12. Maintenance Supervision. (1001.3101.64085) Time spent by a superintendent or an hourly foreman involved in managing the maintenance operation such as meeting with City officials, preparation of annual budgets, administration of personnel, etc. 13. Street Tree Maintenance. (1001.3402.64001) Maintenance of City -owned street median trees including trimming, pruning, fertilizing, spraying, and removal of trees. 14. Stagecoach A.D. Trees. (2702.3 402.64001) Maintenance of Stagecoach Assessment District trees including trimming, pruning, fertilizing, spraying, and removal of trees. 15. Dougherty A.D. Trees. (2703.3402.64001) Maintenance of Dougherty Assessment District trees including trimming, pruning, fertilizing, spraying, and removal of trees. 16. Santa Rita A.D. Trees. (2704.3402.64001) Maintenance of Santa Rita Assessment District trees including trimming, pruning, fertilizing, spraying, and removal of trees. 17. Street Landscape Maintenance. (1001.3401.64001) Maintenance of street median landscape areas including turf, bedding plants, shrubs, irrigation systems, and rodent control. Excludes Street Tree Maintenance (see item 13 above). 18. Community Promotions. (1001.3401.64089) Assistance in provision of community events such as parades, holiday events, festivals, etc. 19. Stagecoach A.D. Landscape, (2702,3401.64001) Maintenance of Stagecoach Assessment District median landscape areas. Includes mostly the supervision of City direct contractor that maintains bedding plants and shrubs. MCE Corporation performs irrigation system repairs and rodent control Excludes Street Tree Maintenance (see item 14 above). 20. Dougherty A.D. Landscape. (2703.3401.64001) Maintenance of Dougherty Assessment District median landscape areas. Includes mostly the supervision of City direct contractor that maintains turf, bedding plants and shrubs. MCE Corporation performs irrigation system repairs and rodent control. Excludes Street Tree Maintenance (see item 15 above). 21. Santa Rita A.D. Landscape. (2704.3401.64001) Maintenance of Santa Rita Assessment District median landscape areas including turf, bedding plants, shrubs, irrigation systems, and rodent control. Excludes Street Tree Maintenance (see Section 16 above). Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. - Exhibit A Page 2 of 5 l r 22. Park Maintenance. (1001.7501.64001) Maintenance of park landscape areas including turf, bedding plants, trees, shrubs, irrigation systems, hardscapes, and rodent control. Includes Dublin Cemetery but excludes the grounds at the three fire stations. 23. Building Maintenance. (100001.4000.4001) Maintenance of various City -owned buildings and facilities including in -house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs. 24. Shannon Center Building. (770101.4000.4002) Maintenance of the Shannon Center building including in -house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs, 25. Swim Center Building. (770105.4000.4002) Maintenance of the Swim Center building including in- house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs. 26. Senior Center Building. (770104.4000.4002) Maintenance of the Senior Center building including in -house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs. 27. Dublin Library, (1001.7301.64005) Maintenance of the Dublin Library building including in -house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs. 28. Heritage Center. (1001.7601.64005) Maintenance of the Heritage Center building including in- house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs. i 29. Emerald Glen Activity Center (773105.4000.4002) Maintenance of the Emerald Glen Activity Center building including in -house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs. 30. Fire Station Buildings. (200001.4000.4002, 200002.4000.4002 and 200003.4000.4002) Maintenance of the three fire station buildings including in -house and specialty contractor work. This includes Preventive Maintenance Inspections and repairs 31. Fire Station Grounds. (200001.4000.4014, 200002.4000.4014 and 200003.4000.4014) Maintenance of three fire station landscape areas including turf, bedding plants, trees, shrubs, irrigation systems, hardscapes, and rodent control. 32. Additional Work. (Funding account varies.) All work not within one of the items listed above that is _ performed at the request of the Public Works Director and for which the requester is providing the — funding and accounting code. Services Agreement between City of Dublin and MCE Corporation, Inc.— Exhibit A July 1, 2012 Page 3 of 5 3 j3 { t 3 3 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, 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 standard of performance set forth in Section 1,2 of the Agreement; and (f) perform all activities necessary and incidental to the orderly performance of the work. B. Scheduled and Additional Work. All of the work described in items 1 through 31 above is considered Scheduled Work, Item 32 is considered Additional Work. Contractor shall perform no work in addition to Scheduled Work, unless: (a) it is Additional Work that is approved in advance by the Public Works Director; or (b) an emergency situation exists necessitating that the Contractor or Subcontractor perform certain work to alleviate a dangerous condition or situation. 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 only to the extent necessary to relieve said danger and shall specifically inform the Public Works Director of all Emergency Work accomplished. C. 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. 3 D. Work Scheduling Procedures. To the extent possible, 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 for the Public Works Director's review 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. 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. Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. - Exhibit A Page 4 of 5 1 i E. 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 Work or Emergency Work performed; status of current and completed service requests; and comparisons of annual work quantities and expenditures planned versus actual. F. Additional Contractor Responsibilities. Contractor's employees 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 Contractor or City representative, or other appropriate agency. G. 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. H. Materials. Contractor will endeavor to secure materials from the lowest cost source reasonably available, Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. — Exhibit A Page 5 of 5 a l i I_ .EXHIBIT B COMPENSATION SCHEDULE City shall pay Contractor an amount not to exceed Three Million Five Hundred Seventy -Three Thousand One Hundred Eighty -Five Dollars and 61 cents ($3,573,185.61) for Scheduled Work to be performed during the 2012 -2013 fiscal year pursuant to this Agreement. The actual amount paid to the Contractor shall be based on the work performed and shall be calculated either, as the case may be for the particular piece of work, on hourly basis for labor and equipment as set forth in Table II of this Exhibit B or on at a per -unit price as set forth in Table II of this Exhibit B. The not -to- exceed amount set forth above and the estimated costs for each task set out in Table I of this Exhibit B are based in part on the Staffing Allocations set forth in Table I II of this Exhibit B. The not -to- exceed compensation limit for future fiscal years shall be determined during the City's budget process, and this Exhibit shall be amended accordingly. Services Agreement between City of Dublin and MCE Corporation, Inc. — Exhibit B 3 i TABLE I OF EXHIBIT B I PROPOSED BUDGETS AS OF FEBRUARY 16, 20t2 APPROVED PROPOSED ACTUAL ACTUAL BUDGET ESTIMATED BUDGET ITEM ACTIVITY 2009 -2010 2010-2011 2011 -2012 2011 -2012 2012 -2013 i 1 STREET REPAIR $ 27,733 $ 26,126 $ 65,436 $ 66,026 $ 77,265 2201.3201.64075 2 DRAINAGE MAINT. $ 18,264 $ 33,106 $ 21,681 $ 22,859 $ 25,381 2201.3201.64076 3 STORM PATROL $ 24,012 $ 46,929 $ 26,530 $ 9,564 $ 26,530 2201.3201.64077 4 CURB & GUTTER / $ 6,213 $ 3;194 $ 8,800 $ 8,800 $ 8,800 SIDEWALK 2201.3201.64078 5 SIGN MAINT. $ 62;556 $ 56,918 $ 70,323 $ 70,481 $ 70,323 2201.3201.64079 6 NEIGHBORHOOD WATCH SIGN $ 420 $ 387 $ 704 $ 401 $ 704 1001.3201.64079 7 STRIPING & MARKING $ 8,437 $ 15,544 $ 12,180 $ 14,745 $ 12,181 2201.3201.64080 8 GUARDRAIL REPAIR $ $ - $ 227 $ 227 $ - 2201.3201.64081 9 WEED ABATEMENT $ 55,616 $ 65,172 $ 78,625 $ 69,819 $ 78,624 2201.3201.64082 10 BIKE PATH MAINT. $ 38,892 $ 34,463 $ 35,604 $ 34,835 $ 35,604 2201.3201.64083 1 11 SPILL CLEANUP $ 10,420 $ 12,258 $ 13,787 $ 13,809 $ 13,788 2201.3201.64084 12 MAINTENANCE $ 135,781 $ 132,497 $ 137,370 $ 139,011 $ 137,370 SUPERVISION 1001.3101.64085 13 STREET TREE MAINT. $ 89,805 $ 81,686 ' $ 120,019 $ 107,340 $ 124,834 1001.3402.64001 14 STAGECOACH A. D. TREES $ 430 $ 1,727 $ 2,244 $ 1,296 $ 2,244 2702.3402.64001 15 DOUGHERTY A. D. TREES $ 530 $ 13,388 $ 14,904 $ 9,723 $ 14,904 2703.3402.64001 16 SANTA RITA A.D. TREES $ 13,583 $ 4,307 $ 22,737 $ 15,389 $ 22,738 2704.3402.64001 17 STREET LANDSCAPE MAINT. $ 433,138 $ 456,706 $ 504,567 $ 512,235 $ 540,339 1001.3401.64001 - 18 COMMUNITY PROMOTION / $ 143,699 $ 113,675 $ 87,693 $ 88,044 $ 135,054 EVENTS 1001.3401.64089 19 STAGECOACH A. D. $ 15,465 $ 15,070 $ 18,693 $ 14,056 $ 18,693 LANDSCAPE 2702.3401.64001 Page 1 of 2 Page 2 of 2 1 TABLE I OF EXHIBIT B PROPOSED BUDGETS AS OF FEBRUARY 16, 2012 APPROVED PROPOSED ACTUAL ACTUAL BUDGET ESTIMATED BUDGET ITEM ACTIVITY 2009 -2010 2010-2011 2011 -2012 2011 -2012 2012-2013 20 DOUGHERTY A. D. $ 9,893 $ 14,758 $ 16,906 $ 16,752 $ 16,907 LANDSCAPE 2703.3401.64001 21 SANTA RITAA.D. $ 136,686 $ 145,444 $ 169,159 $ 143,115 $ 169,159 LANDSCAPE 2704.3401.64001 22 PARK MAINTENANCE $ 1,177,436 $ 1,090,595 $1,396,215 $ 1,386,684 $1,639,669 1001.7501.64001 23 BUILDING MANAGEMENT $ 183,333 $ 183,077 $ 172,094 $ 172,094 $ 167,671 100001.4000.4001 24 SHANNON CENTER BUILDING $ 19,356 $ 29,142 $ 30,705 $ 27,560 $ 30,705 770101.4000.4002 25 SWIM CENTER BUILDING $ 3,866 $ 7,139 $ 10,002 $ 7,053 $ 10,020 770105.4000.4002 i 26 SENIOR CENTER BUILDING $ 25,282 $ 7,189 $ 23,769 $ 18,765 $ 23,798 770104.4000.4002 27 DUBLIN LIBRARY $ 59,356 $ 72,668 $ 58,869 $ 61,703 $ 72,319 1001.7301.64005 28 HERITAGE CENTER $ 6,884 $ 12,967 $ 23,302 $ 21,407 $ 23,122 1001.7601;64005 29 EMERALD GLEN ACT. CENTER $ 2,097 $ 2,705 $ 3,564 $ 4,195 $ 4,262 773105.4000.4002 30 FIRE STATION BUILDINGS 200001.40000.4002 - 16 $ 16,567 $ 12,222 $ 19,156 $ 18,849 $ 16,154 200002.40000.4002. 17 $ 16,420 $ 13,556 $ 15,894 $ 16,239 $ 15,894 200003.40000.4002 - 18 $ 13,262 $ 12,652 $ 19,254 $ 21,609 $ 19,254 31 " FIRE STATION GROUNDS 200001.40000.4014 - 16 $ 2,081 $ 2,881 $ 3,615 $ 3,389 $ 3,615 200002.40000.4014 - 17 $ 5,768 $ 7,530 $ 6,798 $ 5,883 $ 6,798 200003.40000.4014 - 18 $ 4,957 $ 6,873 $ 8,463 $ 8,065 $ 8,463 TOTAL MCE CONTRACT COST= $ 2,769,238 $2,734,551 $3,219,889 $ 3,132,022 $3,573,186 Page 2 of 2 Page 1 of 2 TABLE 11 OF EXHIBIT B CITY OF DUBLIN PROPOSED RATES AND UNIT COSTS AS OF FEBRUARY 16, 2012 2012-2013 2011-2012 PROPOSED PERCENT RATES RATES CHANGE CHANGE DUBLIN CREW LABOR RATES MAINTENANCE SUPERINTENDENT $ 62.80 /HR $ 62.80 /HR $ - 0.0% MAINTENANCE SUPERVISOR $ 55.30 /HR $ 55.30 /HR $ - 0.0 % LANDSCAPE FOREPERSON $ 48.05 /HR $ 48.05 /HR $ - 0.0% LANDSCAPE LABORER I $ 40.40 /HR $ 40.40 /HR $ - 0.0 % LANDSCAPE LABORER II $ 34.40 /HR $ 34.40 /HR $ - 0.0% LANDSCAPE LABORER III $ 27.50 /HR $ 27.50 /HR $ - 0.0% TRAFFIC CONTROL FLAGGING $ 63.20 /HR $ 63.20 /HR $ - 0.0% SIGN MAINTENANCE $ 59.30 /HR $ 59.30 /HR $ - 0.0% PAINTER BRUSH $ 76.00 /HR $ 76.00 /HR $ - 0.0% PAINTER STRIPER $ 63.00 /HR $ 63.00 /HR $ - 0.0% CARPENTER $ 84.40 /HR_ $ 84.40 /HR $ - 0.0% CONSTRUCTION LABORER $ 64.30 /HR $ 64.30 /HR $ - 0.0% DUBLIN CREW EQUIPMENT RATES PICKUP RANGER /SUPERCAB $ 8.45 /HR $ 8.45 /HR $ - 0.0% F150 PICKUP $ 9.65 /HR $ 9.65 /HR $ - 0.0 %° 1 F250 PICKUP /UTILITY BED $ 10.25 /HR $ 10.25 /HR $ - 0.0% F350 & F450 FLATBED $ 11.50 /HR $ 11.50 /HR $ - 0.0% CHAIN SAW $ 6.60 /HR $ 6.60 /HR $ - 0.0% BRUSH CUTTER $ 5.80 /HR $ 5.80 /HR $ - 0.0% POWER BLOWER $ - 2.40 /HR $ 2.40 /HR $ - 0.0% POWER HEDGE TRIMMER $ 4.00 /HR $ 4.00 /HR $ - 0.0% TRAILER SMALL (8') $ 2.95 /HR $ 2.95 /HR $ - 0.0% POWER WASHER $ 14.25 /HR $ 14.25 /HR $ - 0.0% ELECTRIC WELDER $ 7.90 /HR $ 7.90 /HR $ - 0.0% PORTABLE GENERATOR $ 6.30 /HR $ 6.30 /HR $ - 0.0% WATER TRAILER $ 11.10 /HR $ 11.10 /HR $ - 0.0 %° UTILITY CART $ 4.40 /HR $ 4.40 /HR $ - 0.0 % HAND HELD MEDIAN SCRUBBER $ 5.90 /HR $ 5.90 /HR $ - 0.0% MCE CREW LABOR RATES SUPERINTENDENT $ 96.25 /HR $ 96.25 /HR $ - 0.0% LOADER /BACKHOE OPERATOR $ 95.45 /HR $ 95.45 /HR $ - 0.0% ASPHALT PAVER OPERATOR $ 95.45 /HR $ 95.45 /HR $ - 0.0% ASPHALT PAVER SCREED MAN $ 92.60 /HR $ 92.60 /HR $ - 0.0% ROLLER OPERATOR $ 92.60 /HR $ 92.60 /HR $ . - 0.0% TRUCK DRIVER 8 -12 C.Y. $ 77.00 /HR $ 77.00 /HR $ - 0.0% TRUCK DRIVER 4 -6 C.Y. $ 78.20 /HR $ 78.20 /HR $ - 0.0 %° - TRUCK DRIVER 3 C.Y. TRANSIT $ 77.00 /HR $ 77.00 /HR $ - 0.0% CEMENT FINISHER $ 71.75 /HR $ 71.75 /HR $ - 0.0% LABORER FOREMAN $ 69.10 /HR $ 69.10 /HR $ - 0.0% RAKER $ 67.60 /HR $ 67.60 /HR $ - 0.0% LABORER[ $ 67.25 /HR $ 67.25 /HR $ - 0.0% LABORER 2 $ 67.10 /HR $ 67.10 /HR $ - 0.0% Page 1 of 2 TABLE 11 OF EXHIBIT B CITY OF DUBLIN' PROPOSED RATES AND UNIT COSTS AS OF FEBRUARY 16, 2012. Page 2 Of 2 2012-2013 2011-2012 PROPOSED PERCENT RATES RATES CHANGE CHANGE MCE CREW EQUIPMENT RATES GILCREST ASPHALT PAVER $137.15 /HR $137.15 /HR $ - 0.0% BLAW KNOX ASPHALT PAVER $ 85.70 /HR $ 85.70 /HR $ - 0.0 %° BACKHOE $ 54.25 /HR $ 54.25 /HR $ - 0.0% LOADER $ 50.60 /HR $ 50.60 /HR $ - 0.0% ROLLER- VIBRATORY 5 -8 TON $ 46.60 /HR $ 46.60 /HR $ - 0.0% ROLLER- VIBRATORY 3 -5 TON $ 46.60 /HR $ 46.60 /HR $ - 0.0% DUMP TRUCK 8 -12 C.Y. $ 52.50 /HR $ 52.50 /HR $ - 0.0% DUMP TRUCK 4 -6 C.Y. $ 48.40 /HR $ 48.40 /HR $ - 0.0% TRANSIT TRUCK 3 C.Y. $ 48.40 /HR $ 48.40 /HR $ - 0.0% SAW TRUCK $ 40.30 /HR $ 40.30 /HR $ - 0.0% PICKUP $ 15.70 /HR $ 15.70 /HR $ - 0.0% CONCRETE SAW -SELF PROP_ $ 40.00 /HR $ 40.00 /HR $ - 0.0% CONCRETE SAW -SMALL $ 7.65 /HR $ 7.65 /HR $ - 0.0% AIR COMPRESSOR $ 22.60 /HR $ 22.60 /HR $ - 0.0% BITUMAL POT $ 21.15 /HR $ 21.15 /HR $ - 0.0 %d VIBRA PLATE $ 11.85 /HR $ 11.85 /HR $ - 0.0% WACKER $ 11.85 /HR $ 11.85 /HR $ - 0.0% POWER BERM MACHINE $ 22.60 /HR $ 22.60 /HR $ - 0.0% ARROW BOARD $ 17.00 /HR $ 17.00 /HR $ - 0.0 %° PAINT STRIPING MACHINE $ 17.00 /HR $ 17.00 /HR $ - 0.0% UNIT PRICES CHEMICAL WEED CONTROL R.O.W. $149.50 /AC $149.50 /AC $ - 0.0% FUNGUS SPRAYING - TREES $ 6.65 EA _ $ 6.65 EA _ $ - 0.0% (50 TREE MINIMUM) FERTILIZE ONLY TURF • STREETS, STAGECOACH PARK, $207.57 /AC $207.57 /AC $ - 0.0 %° FIRE STATIONS, SENIOR CENTER AND LIBRARY GROUNDS • ALL OTHER PARKS AND $196.65- /AC $196.65 /AC $ - 0.0% TASSAJARA CREEK TRAIL AERATION TURF o STREETS, STAGECOACH PARK, $196.65 /AC $196.65 /AC $ - 0.0% FIRE STATIONS, SENIOR CENTER AND LIBRARY GROUNDS o ALL OTHER PARKS AND TASSAJARA $120.17 /AC $120.17 /AC $ - 0.0% CREEK TRAIL MOW TURF o STREETS, STAGECOACH PARK, ` $ 80.50 /AC $ 80.50 /AC $ - 0.0% FIRE STATIONS, SENIOR CENTER AND LIBRARY GROUNDS o ALL OTHER PARKS AND TASSAJARA $ 51.75 /AC $ 51.75 /AC $ - 0.0% CREEK TRAIL EDGING TURF o ALL TURF AREAS $ 11.50 /MLF $ 11.50 /MLF $ - 0.0% CONTRACT BEDDING (ALL AREAS) $270.25 MO /AC $270.25 MO /AC $ - 0.0% Page 2 Of 2 TABLE 111 OF EXHIBIT B CITY OF DUBLIN STAFFING ALLOCATIONS AS OF MAY 2012 PROPOSED BUDGET AREA / POSITION 2012-2013 PUBLIC WORKS ADMIN. SUPERINTENDENT 1.00 SUPERVISOR 0.00 BUILDING MANAGEMENT LLF 0.66 LL1 0.82 LL2 0.00 LL3 0.00 1.48 STREET MAINTENANCE LLF 0.15 LL1 0.41 LL2 0.15 LL3 1.10 1.81 STREET TREE LLF 0.07 LL1 0.20 LL2 0.11 LL3 0.32 0.70 STREET LANDSCAPE MAINT. LLF 0.82 LL1 2.49 LL2 2.07 3 LL3 2.05 7.43 PARK MAINTENANCE LLF 0.94 LL1 3.83 f LL2 2.14 LL3 2.03 9.32 LIBRARY BLDG. LLF 0.26 LL1 0.16 LL2 0.00 LL3 0.00 0.42 SENIOR CENTER LLF 0.05 - LL1 0.05 LL2 0.05 LL3 0.00 0.15 Page 1 of 2 { PROPOSED i BUDGET AREA / POSITION ' 2012 -2013 HERITAGE CENTER LLF 0.03 LL1 0.11 LL2 0.07 LL3 0.00 0.21 CEMETERY (.38 to park maint) LLF 0.00 LL1 0.00 LL2 0.00 LL3 0.00 0.00 FIRE STATION BLDG. MAINT. LLF 0.03 LL1 0.12 LL2 0.06 LL3 0.00 0.21 FIRE STATION LANDSCAPE LLF 0.01 LL1 0.03 LL2 0.00 l LL3 0.13 0.17 ADDITIONAL WORK LLF 0.00 LL1 0.00 LL2 0.00 LL3 0.00 I 0.00 MCE GRAND TOTAL Supt: 1.00 LLF 3.02 LL1 8.22 LL2 4.65 LL3 5.63 22.90 Staff calculations based on the assumption that each hourly empl 1,950 hours of regular and overtime per year. 1 EXHIBIT C AREA OF WORK TO BE PERFORMED BY CONTRACTORS OF MCE CORPORATION, INC. Street Repair. (2201.3201 .64075) Drainage Maintenance. (2201.3201.64076) Curb & Gutter /Sidewalk. (2201.3201,64078) Guardrail Repair. (2201:3201.64081) Weed Abatement. (2201.3201.64082) Spill Clean -Up, (2201.3201.64084) Street Tree Maintenance. (10013402,64001) Stagecoach A.D. Trees. (2702.3402.64001) Dougherty A.D. Trees. (2703.3402.64001) E Santa Rita A.D. Trees. (2704.3402.64001) Street Landscape Maintenance. (1001.3401,64001) Stagecoach A.D. Landscape. (2702.3401.64001) Dougherty A.D. Landscape. (2703.3401.64001) Santa Rita A.D. Landscape. (2704.3401.64001) Park Maintenance, (1001.7501.64001) Building Maintenance. (100001.4000.4001) Shannon Center Building. (770101.4000:4002) Swim Center Building, (770105.4000.4002) Senior Center Building. (770104.4000.4002) Dublin Library. (1001,7301,64005) Heritage Center. (1001.7601.64005) Emerald Glen Activity Center (773105.4000.4002) Fire Station Buildings. (200001:4000.4002, 200002.4000.4002 and 200003.4000.4002) Fire Station Grounds. (200001.4000.4014, 200002.4000.4014 and 200003.4000.4014) Additional Work. (Funding account varies.) i Services Agreement between July 1, 2012 City of Dublin and MCE Corporation, Inc. — Exhibit C Page 1 of 1