HomeMy WebLinkAboutReso 118-12 MCE Maint Svcs Agmt RESOLUTION NO. 118 - 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.
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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: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None J�� J, /
Mayor
ATTES
c
City Clerk
Reso No. 118-12,Adopted 6-19-12. Item 48.5 Page 1 of 1
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SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MCE CORPORATION, INC.
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• THIS AGREEMENT for services is made by and between the City of Dublin("City') and MCE
Corporation, Inca("Contractor") as of July.1,2012.
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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. .
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.
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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.
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di 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.
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.
o. 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. . .
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p. The Contractor shall make all appropriate withholdings from, each of its
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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.
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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.
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y. Contractor shall issue to its employees the appropriate W-2 forms as
required by the Internal Revenue Code.
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1.4:2 City's Obligations, City agrees, as follows:
• a. City shall.not interfere with Contractor's supervision of Contractor's
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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
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Contractor employees providing service under this Agreement.
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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.
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f. City shall not interfere with Contractor's decisions to replace any
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employees providing services to City on behalf of Contractor.
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• 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.
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.:. -
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j. City shall not interfere with Contractor establishment of working hours for
Contractor's employees but may inform Contractor of its regular working
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hours.
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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.
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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.
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• n. City shall not interfere with Contractor's determinations relating to which of
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• Contractors 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 b9 Contractor's employees.
p. City shall not interfere with Contractor's determinations of where to locate
Contractor's employees.
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 •
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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 .
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. • • • .• ' 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
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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 • •
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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.
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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 •
therefore has no responsibility for such contributions beyond the compensation provided for in this
Agreement.
2.1 . Invoices. Contractor shall submit invoices, riot more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs •
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, acopy 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.
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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 shalt 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.
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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%) 150x .01 = 1:50 1.50/hr
$151.50/hr .
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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
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 on 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 the
Contractor's bid. Verification of the required insurance shall be submitted and made part of this Agreement
prior to execution. .
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. • 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.
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•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 altematives 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 .
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. 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
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• Terminate this Agreement. .
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
defend, indemnify and.hold harmless City and its officers, officials, employees, agerits and volunteers from . •
any and all liability; loss, damage, claims,:expenses, attorneys' fees and costs caused either directly or
indirectly by.Contractor.'snegligent act or omissions in the 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 tea 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 et 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 Part3 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. •
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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 ' i .
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..
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
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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. .
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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, maycondition 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 timits.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. . . .
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.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; . .
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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
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• 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 plane, 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,•fdr 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 •
•
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.
. 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
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 (VICE Corporation, inc. Page 13 of15 •
•
Government Code§1090 et.seq., the entire Agreement is void and Contractor will hot be
. i 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 i .
. 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
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 I, II, . .
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
CITY OF DUBLIN MCE CORPORATION, INC.
Joni L. Pattillo, City Manager . Stanley P. Smalley, Presidde
Attest:
Caroline Soto, City Clerk
Approved as to Form:
•
•
John Bakker, City Attorney
•
•
•
•
•
•
•
Services Agreement between • July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 15 of 15 •
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
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
.
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. (2702.3402.64001) Maintenance of Stagecoach Assessment District
•
trees including trimming, pruning, fertilizing, spraying, and removal of trees.
. 15. Dougherty AD. 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 .
area 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
•
•
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.
. 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 vanes.) 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 • July 1, 2012
City of Dublin and MCE Corporation, Inc.—Exhibit A Page 3 of 5 •
••
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.
•
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 thatcomplete 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 .
•
•
•
•
•
•
•
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 wotk 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
•
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 forthe
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 III 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 • July 1, 2012
City of Dublin and MCE Corporation, Inc.—Exhibit B Page 1 of 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
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 5 8,800
SIDEWALK •
2201.3201.64078 -
5 SIGN MAINT.• • 5 62,556 $ 56,918. . $ 70,323 $ 70,481 . $ 70,323
2201.3201.64079 - -
6 NEIGHBORHOOD WATCH SIGN $ 420 5 387 $ , 704 $ 401 . $ 704
1001.3201.64079 • - - . .
7 STRIPING& MARKING $ 8,437 • 5 15,544 $ 12,180 $ 14,745 $ 12,181
2201.3201.64080- - •
8 GUARDRAIL REPAIR • $ - $ $ 227 $ 227 $ - .
2201.3201.64081 .-
9 WEED ABATEMENT 5 55,616 $ 65,172 5 : 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
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
•
•
•
•
" 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 DOUGHERTYA. 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 - 5- 183,077 $ 172,094 , $ 172,094 $ .167,671
100001.4000,4001 •
'24 SHANNON CENTER BUILDING $ 19,356 - '5 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 -
26 SENIOR CENTER BUILDING $ '26,282 5 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 ARE STATION BUILDINGS
200001.40000.4002- 16 ' 5 16,567 .5 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 5 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 •
•
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Page 2 of 2-
TABLE II OF EXHIBIT B
, • CITY OF•DUBLIN -
. PROPOSED RATES AND UNIT COSTS
AS OF FEBRUARY 16, 2012 -
H 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 MR $ - • 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%
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 MR $ 6.60 /HR $ - 0.0%
BRUSH CUTTER $ 5.80 /HR $ 5.80 /HR 5 • - 0.0%
- POWER BLOWER . - 5 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 MR $ 7.90 /HR $ - 0.0%
PORTABLE GENERATOR $ 6.30 /HR $ ' 6.30 /HR $ - 0.0%
'WATER TRAILER $ 11.10 MR $ 11.10 /HR $ • - 0.0%
UTILITY CART $ 4.40 /HR j $ 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 - 5 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 MR $ • - 0.0%
LABORER FOREMAN : $ 69.10 MR $ 69.10 /HR $ - - 0.0% .
RAKER ' .$ 67.60 MR $ -67.60 /HR $ - - 0.0%
.'LABORER I . $ 67.25 /HR $ 67.25 /HR $ - 0.0%
LABORER 2 • $ 67.10 /HR $ 67.10 /HR $ • - 0.0%
Page 1 of 2
.TABLE II 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
• 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 .5 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 MR $ . - 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. • $ 40.90 /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%
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
o STREETS, STAGECOACH PARK, $207.57 /AC $207.57 /AC $ . - 0.0%
FIRE STATIONS, SENIOR CENTER AND
LIBRARY GROUNDS •
. o ALL OTHER PARKS AND $196.65 /AC $196.65 /AC • 5 - 0.0%
TASSAJARA CREEK TRAIL
AERATION TURF -
o STREETS, STAGECOACH PARK, $196.65 /AC $196.65 /AC 5- - 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 III OF EXHIBIT B .
CITY OF DUBLIN - ..
. - • - STAFFING ALLOCATIONS - . • . ..
• . - - AS OF MAY 2012 ' • .
PROPOSED
BUDGET
• . - - AREA I 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
LL3 2.05 '
7.43
• PARK MAINTENANCE
LLF 0.94
LL1 3.83
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 .
_
- AREA/POSITION • • 2012--2013 •
HERITAGE CENTER - -
' LLF • 0.03 - .••
•
•
LL1 Oil . - • -
.• LL2. , •. 007
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 . .
LL3 0.13
'0.17
. • ADDITIONAL WORK LLF - - .0.00 -
LL1 • 0.00
• LL2 - 0.00- .
• LL3 0.00 .
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. •
• •
•
•
- - . . - - _ Page 2 of 2 _
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.•(1001:3402.64001)
Stagecoach A.D. Trees. (2702.3402.64001)
Dougherty A.D. Trees. (2703.3402.64001)
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..3401.64(501)
• Santa Rita A.D. Landscape. (2704.3401.64001)
Park Maintenance. (1001.7501.64001)
Buildinq•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.) .
•
•
• Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc.—Exhibit C Page 1 of 1