HomeMy WebLinkAboutReso 077-93 MCE MaintSvcs RESOLUTION NO. 77-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR MAINTENANCE SERVICES
WITH M.C.E. CORPORATION AND IDENTIFYING THE SCHEDULE OF WORK AND
SCHEDULE OF RATES FOR FISCAL YEAR 1993-94
WHEREAS, the current agreement between the City of Dublin and M.C.E.
Corporation expires as of June 30, 1993; and
WHEREAS, MCE Corporation has submitted a schedule of rates and charges
for FY 1993-94 which is acceptable to the City of Dublin; and
WHEREAS, the City of Dublin wishes to have M.C.E. Corporation continue
providing services during the upcoming Fiscal Year;
WHEREAS, the City has the ability to terminate the agreement in the
event that the performance by M.C.E. Corporation has been unsatisfactory;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the amendment to the agreement with M.C.E. Corporation
which is attached hereto as "Exhibit A," to become effective as of July 1, 1993.
Said amendment establishes a Schedule of Work for Fiscal Year 1993-94 and an
adjustment to the rates charged pursuant to the agreement and prior amendments.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
amendment to the agreement.
PASSED, APPROVED, AND ADOPTED this 14th day of June, 1993.
AYES: Councilmembers Burton, Houston, Howard, and Mayor Snyder
NOES: None
ABSENT: Councilmember ~M~Ma;~
Moffatt
ATTEST:
a:(contracts~maint~amndreso
EXHIBIT "A" OF RESOLUTION ~__~-93
PUBLIC WORKS MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of July 1, 1993,
by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and MCE
Corporation, Inc., ("Contractor"), who agree as follows:
1. TERM OF AGREEMENT. The term of the agreement shall be for one
year, beginning on July 1, 1993, and ending on June 30, 1994. The agreement
may be extended for two additional one year periods at the City's option.
This agreement shall supersede all previous agreements that Contractor has or
has had with City. City may terminate the services of Contractor by providing
90 days written notice with or without cause. In the event of such
termination, Contractor shall be compensated for such services up to the point
of termination. Compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination. If Contractor
terminates its services to the City, it must provide written notice at least
90 days in advance of such termination. Notices shall be provided as
indicated in Section 12 below.
2. ADJUSTMENT TO CONTRACT PRICES AND W6RK QUANTITY. In the event
of extension of the Agreement, no later than March 1st, Contractor will submit
to the City for the coming contract year a proposed revised Schedule of Work
which will set forth a Work Plan in terms of types and quantities of work to
be performed as well as unit prices and/or estimated annual expenditure
amounts as appropriate. Upon written approval of both parties, the Agreement
shall be extended for one (1) year effective July 1st as provided above.
'3. SERVICES. Subject to the terms and conditions set forth in
this Agreement, Contractor shall provide to City the services described in
Exhibit A. Contractor shall provide said services at the time, place, and in
the manner specified in Exhibit A.
4. PAYMENT. City shall pay Contractor for services rendered
pursuant to this Agreement at the time and in the manner set forth in Exhibit
B. The payments specified in Exhibit B shall be the only payments to be made
to Contractor for services rendered pursuant to this Agreement. Contractor
shall submit all billings for said services to City in the manner specified in
Exhibit B; or, if no manner be specified in Exhibit B, then according to the
usual and customary procedures and practices which Contractor uses for billing
clients similar to City.
5. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C,
Contractor shall, at its sole cost and expense, furnish all facilities and
equipment Which may be required for furnishing services pursuant to this
Agreement. City shall furnish to Contractor only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit
C.
6. GENERAL PROVISIONS. The general provisions set forth in
Exhibit D are part of this Agreement. In the event of any inconsistency
between said general provisions and any other terms or conditions of this
Agreement with MCE Corporation
July 1, 1993
Page 1
Agreement, the other term or condition shall control insofar as it is
inconsistent with the general provisions.
7. EXHIBITS. Allexhibits referred to herein are attached hereto
and are by this reference incorporated.herein.
8. SUBCONTRACTING. No portion of the work pertinent to this
contract shall be subcontracted without written authorization by the City,
except that which is expressly identified in the Contractor's proposal.
9. CHANGES. City may from time to time require changes in the
scope of the services by Contractor to be performed under this Agreement.
Such changes, including any change in the amount of Contractor's compensation
which are mutually agreed upon by City and Contractor, shall be effective as
amendments to this Agreement only when in writing.
10. RESPONSIBLE CHARGE. Contractor shall assign a project
manager(s) to the project for the duration of the project. There shall be no
change in the Project Manager or members of the project team without prior
written approval by the City.
11. CONTRACT ADMINISTRATION. This Agreement shall be
administered by LEE S. THOMPSON ("Administrator"). All correspondence shall
be directed to or through the Administrator or his designee.
12o NOTICES.
Registered Mail to:
Any written notice to Contractor shall be sent via
Stanley P. Smalley, Vice President
MCE Corporation
2500 Old Crow Canyon Road Suite 320
San Ramon, CA 94583
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
(signatures next page)
Agreement with MCE Corporation
July 1, 1993
Page 2
Executed as of the day first above stated:
CITY OF DUBLIN,
MCE CORPORATION
Approved as to form:
By
Maynard Crowther, President
City Attorney
Agreement with MCE Corporation
July 1, 1993
Page 3
SCOPE OF SERVICES AND SCHEDULE
The City has elected to perform its public works maintenance and related
activities by using a private Contractor.
The Contractor has agreed to arrange for and supervise the performance of the
work and the City has agreed to retain the Contractor for such purposes, in
accordance with the terms and provisions of this Agreement.
The City and Contractor agree as follows:
1. ScoDe of Work: The City retains Contractor to arrange for,
supervise and manage the performance of the work described in the Schedule of
Work (Attachment 1, Exhibit B) and as otherwise specified in this Agreement;
and for Additional Work ("Additional Work") as is called for in this
Agreement. Contractor shall perform the types of work listed in Section A of
Attachment.1 of Exhibit B at the unit prices listed in Section B or at the
time and material rates listed in Section C, as appropriate. The Scope of
Work set forth in Section A of Attachment 1 of Exhibit B includes the maximum
amount the City will pay to Contractor for each activity for Fiscal Year 1993-
94. Notwithstanding the foregoing, the City may at any time revise the
Schedule of Work identified in Attachment 1 of Exhibit B for budgeting or
other reasons as deemed necessary by the City and the estimated annual
expenditure'for Fiscal Year 1993-94 shall be revised accordingly.
Contractor specifically agrees to: (a) undertake the direct
responsibility for the performance of the work in accordance with this
Agreement; (b) provide directly, or through subcontractors, or as otherwise
permitted by this Agreement all labor, materials, and supervision necessary
for the proper performance of the work in accordance with this Agreement; (c)
furnish a Maintenance Superintendent to provide the necessary liaison with the
City Staff and the required coordination of workmen and materials in the
performance of the work; (d) comply with all laws, ordinances, rules,
regulations, and requirements of governmental authorities, pertaining to the
performance of the work; (e) perform the work, contract for its performance
and supervise' its performance in a good and workmanlike manner and in the most
expeditious, cost effective manner consistent with first-class quality; (f)
perform all activities necessary and incidental to the orderly performance of
the work.
2. Scheduled Work: All of the work set forthin. Attachment 1 of
Exhibit B is considered Scheduled Work, except as provided in Section 1.
Contractor shall perform no work in addition to Scheduled Work, unless: (a)
Additional Work is approved in advance by the Public Works Director; or (b) ~n
emergency situation exists. An emergency situation is one which occurs under
circumstances making it either impossible or impractical to obtain City
approval before proceeding with the work. In such cases, the Contractor will
proceed with the work to the extent necessary to relieve said danger and shall
specifically inform the Public Works Director of all Emergency Work
accomplished. All Scheduled Work shall be provided according to a monthly
schedule prepared by the Maintenance Superintendent and approved by the Public
Works Director in advance.
Exhibit A
Page 1 of 4
July 1, 1993
3. Additional Work: City may require Contractor to provide
Additional Work not described herein at rates and quantities negotiated by the
City and Consultant. No Additional Work will be undertaken by Contractor
without the prior written approval of the Public Works Director. The
Contractor.will bill the City for Additional Work in the manner as provided in
Attachment 1 of Exhibit B.
4. Work Not Subiect to this Aqreement: The Public Works Director at
his discretion may recommend that projects of a large scope be approved by the
City Council for competitive bid and completed under a separate Agreement.
This shall be the recommendation on all "public projects" where State or other
laws require that it be contracted for and let to the lowest responsible
bidder after notice. Nothing in this Section shall preclude the Contractor
from participating in this bid process for said projects.
City, in accordance with local ordinances and State laws, may directly
purchase materials or supplies to be used by Contractor. This shall not
restrict the Public Works Director from requesting that Contractor, as part of
other duties identified in this Agreement, assist City with locating
suppliers, obtaining price quotations or bids, or other assistance provided
that Contractor will not be providing the materials and supplies.
5. Emerqencv Work: Emergency callout procedures will be maintained
to provide for emergency response on nights, weekends, and holidays. The
procedures will be reviewed and updated periodically to ensure their
effectiveness. In the event Emergency Work dictates that work be accomplished
outside the normal working hours, such as night time, weekends and holidays,
appropriate overtime rates shall be used as set forth in Attachment 1 of
Exhibit B.
6. Maintenance SuDervision: The Contractor shall furnish a
Maintenance Superintendent to assume full responsibility for day-to-day
maintenance operations, ensuring that resources required to successfully
complete th~ project are applied in a timely manner. In addition to providing
the necessary liaison with the City, the Maintenance Superintendent is
responsible for: (a) making recommendations to the Public Works Director of
work that should be performed but which is not set forth in the Schedule of
Work; (b) identifying work programs; (c) scheduling; (d) assisting and
supervising work crews; (e) responding to citizen calls; (f) assisting in
contract administration; (g) maintaining activity reports; and (h) generally
administering public works maintenance functions.
7. Work SchedulinQ Procedures: To the extent possible, it is the
intent of this Agreement that the Work be performed on a scheduled, orderly
basis. Prior to the commencement of work, Contractor shall prepare a schedule
showing projected work to be performed throughout the fiscal year, including
information such as frequency of weeding, watering, and other parks
maintenance and other similar projected schedules of the work to be performed.
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 ~is/her designee. Emphasis will be placed on
Exhibit A
Page 2 of 4
July 1, 1993
identifying needs to ensure proper timing of work (for example, ditches should
be scheduled for cleaning before winter rains). The Contractor will comply
with reasonable requests of the Public Works Director as to preferred
locations for various types of work.
Contractor will use a service request form to ensure that complete
information is obtained on work needs and requests for service.
8. Work ReDortinQ Procedures: Contractor shall submit a Monthly Work
Summary Report to the Public Works Director on or before the 15th day of the
month summarizing work completed in the previous month. These reports shall
include a listing of work activities and work units completed, including any
Additional or Emergency Work performed; status of current and completed
service requests; and comparisons of annual work quantities and expenditures
planned versus actual.
9. Additional Contractor Responsibilities: MCE workers will be alert
for observable maintenance deficiencies in public facilities as they travel
within the City's boundaries in the course of their maintenance activities
performing Scheduled Work, Additional Work, and Emergency Work. They will
report observed maintenance deficiencies to the appFopriate MCE or City
representative, or other appropriate agency.
10. Protection of Work and Public: Contractor shall take all
necessary measures to protect the work and prevent accidents during any and
all phases of work. Contractor shall provide and maintain all necessary
barriers, flagmen, and/or signs during maintenance procedures.
Contractor will provide at no additional cost all the advance signing
and barricading and also signs, barricades, flashers, and other necessary
facilities for the protection of the public within the limits of the
maintenance area while maintenance activities are proceeding.
11. Maintenance of Records: Contractor shall maintain all books,
documents, papers, employee time sheets, accounting records including
certified payrolls and such other evidence pertaining to costs incurred for a
period of at least three years, and shall make these materials available at
reasonable'times during the contract period. Contractor shall not purge any
records without the prior approval of the City. Upon termination of the
contract, or at the City's request, all such records shall be provided to the
City, including maintenance records, certified payroll records, and hard
copies of any other computer records such as inventories of City facilities.
12. .EQual EmDloVment ODDortunitV: Contractor is an equal opportunity
employer and agrees to comply with applicable regulations governing equal
employment opportunity.
13. PrevailinQ WaQe: Contractor shall comply with the provisions of
Labor Code Section 1770 et. seq., with respect to payment of prevailing wages,
maintenance of payroll records, and payment of penalties under Labor Code
Section 1775.
14. AttorneV Fees: If either party brings an action against the other
party arising out of or in connection with this Agreement entered into between
Exhibit A
Page 3 of 4
July l, 1993
City and Contractor, the prevailing party is entitled to have and recover from
the losing party reasonable attorney fees and costs of suit.
15. Miscellaneous:
A. Contractor shall inform City of private clients within the
corporate boundaries or sphere of influence of the City during the term of
this Agreement. Contractor agrees not to accept other employment which is or
may be in conflict with its duties under this Agreement or which may adversely
affect the interests of the City.
B. Contractor will endeavor to secure materials from the lowest
cost source reasonably available.
Exhibit A
Page 4 of 4
July 1, 1993
EXHIBIT B
PAYMENT SCHEDULE
City shall pay Contractor an amount not to exceed the total sum of Nine
Hundred Six Thousand Seven Hundred Fifty Dollars ($906,750) for services to be
performed pursuant to this Agreement. Except as provided in Section 1, the
total annual estimated budget shall be the sum of the planned expenditure
amounts listed in Attachment 1. The actual amount paid to the Contractor
shall be based on the amount of work performed according to the costs outlined
in Attachment 1 and any subsequent "Additional Work" approved by the City.
Work items listed in Attachment 1 shall be billed on a unit price basis or
otherwise as set forth in Attachment 1. Unit Pricing is expressed in terms of
Dollars per Work Measurement Unit for each item of work.
For work listed as "Time and Materials" (T & M), Contractor shall bill
the City on the basis of actual costs to the Contractor plus a percentage as
stated in Attachment 1, Section C to cover overhead and management costs.
Contractor shall bill Additional Work on the basis mutually agreed to by
Contractor and the City at the time the work is incorporated into the annual
maintenance program.
For work performed and services rendered, Contractor shall submit
monthly bills to the City by the 15th day of the month following the month in
which the Work Was performed. The Contractor shall be compensated by the City
as follows:
A. A monthly payment for time and materials or unit price work will
be provided, with payment to be made within twenty (20) days of receipt of
invoice by the City.
B. For Additional Work for which no unit prices have been agreed
upon, compensation shall be agreed upon between the Public Works Director and
Contractor in writing before work is performed. For Emergency Work when prior
approval is not possible and when unit prices have not been agreed upon, the
City and Consultant shall agree as soon as possible after the work is
performed on the amount of compensation based on costs for related jobs.
Consultant is not authorized to perform any services or incur any costs
whatsoever under the terms of this Agreement until receipt of a fully executed
Purchase Order from the Finance Department of the City of. Dublin.
Exhibit B
Page i of 1
July 1, 1993
MCE CORPORATION I
510 83? 9516 P.02
EXHIBIT b
ATTACHMENT 1 - SCHEDULE OF WORK
CITY OF DUBLIN
PRELIMINARY CITY BUDGET
FISCAL YEAR 1993-94
COUNCIL APPROVED
JUNE 1, 1993
A, 8COPE OF WORK
The following breakdown identifies tasks which are anticipated to be conducted as part of
the Annual Public Works Maintenance Agreement for the Fiscal Year 1993-94. Annual
estimated costs include management fees as provided in Section C. Contractor shall
schedule work to adhere to these expenditure levels as provided for in this Agreement,
ACT IVITY/..S U B - ACTIVITY
1998- 94
ESTIMATED ANNUAL
EXPENDITURE
SPILL CLEAN UP
6,400
STREET MAINTENANCE
· Street Repair
· Drainage Maintenance
· Storm Patrol/Clean Up
· Curb & Gutter/Sidewalks
· Sign Repair/Maintenance
· Striping/Marking
· Weed Abatement
· Bike Path Maintenance
Activity Total
7,000
13,650
10,.1 O0
1,000
15,000
4,700
8,600
4,750
64,800
MAINTENANCE SUPERVISION
83,850
STREET TREE MAINTENANCE
· In-House Tree Maintenance
· Contract Tree Pruning
· Contract Tree Fungus Spraying
· Stagecoach Assessment District
· Dougherty Assessment District
-Activity Total
$
$
28,700
5,200
5,250
3,350
7,950
50,450
NEIGHBORHOOD WATCH SIGNS
550
PAGE 1 OF 5
,TUN-10-1993 14:~3 MCE CORPORRTTON
STREET LANDSCAPE MA., gENANCE (BEAUTIFIOATION)
· Existing Streets
· 8tageooach Assessment District
· Dougherty Assessment District
PARKS MAINTENANCE
· Stagecoach Park
· Kolb Park
· Dolan Park
· Alamo Creek Park
· Dougharty Hills
· Dublin Sports Ground
· Mape Park
· Shannon Park
· Valley Swim Center
· Civic Center
· Dublin High School
· Senior Center
BUI LDi NG MANAGEMENT
HERITAGE CENTER MAINTENANCE
Activity Total
Activity Total
I 510 83? 9516
$ 1 21,300
31,100
$ ...... 192,300
$
$
$
11,550
45,700
28, 100
40,200
15 800
122 750
16 900
49 150
20 800
46 600
18 250
500
4 t 6,300
83,550
8,550_
P. 03
Total 1993-94 Estimated Annual Expenditure
Be
UNIT PRICES
The following activities shall be completed at the Unit Prices indicated. The unit prices
are inclusive of all labor, materials, equipment, overhead and management fees.
ACTIVITYIS._U .B.. _,_ AC TIVI_T...y..
RIGHT OF WAY MAINTENANCE
· Chemical Weed Control
TURF MAINTENANCE
· Fertilize/Weed Control
· Streets & Stagecoach Park
· Valley Swim Center, Civic Center
and High School Football Field
· All Other Parks
Aeration
· Streets & Stagecoach Park
· Valley Swim Center, Civic Center
and High School Football Field
· All Other Parks
PAGE 2 OF 5
t 993-94 UNIT PRICE
$ 173.00 per Acre
$ 104.50 per Acre
$ 99.00 per Acre
$ 93.50 per Acre
$
$
143,00 per Acre
· 126,50 per Acre
$ 110,00 per Acre
TOTAL P.03
ACTIVITY/SUB-ACI,,, ~TY
· Mowing Tuff
· Streets & Stagecoach Park
· Valley Swim Center, Civic Center
and High School Football Field
· All Other Parks
· Edging
TREE MAINTENANCE
Street Trees
· Pruning City Median Trees
· Trim for Clearance Only (Under 30')
· Trim for Clearance & Balance
(Under 30')
Trim for Clearance Only (Over 30')
Trim for Clerance & Balance
(Over 30')
Fungus Spraying
Park Trees
· Prune and Shape (Over 20')
· Fungus Spraying
1993-94 UNIT PRICE
$
$
$
$
68.00 per Acre
58.50 per Acre
50.30 per Acre
11.70 per 1,000 L.F.
18.70 per Tree
20.95 per Tree
41.90 per Tree
38.50 per Tree
77.00 per Tree
4.83 per Tree
54.40 per Tree
4.83 per Tree
PAGE 3 OF 5
DUBLATT1 :MCE:C:WK1 :SPS:6/9/93
C. TIME AND MATERIALS ~.. ,I'ES
The following rates shall be applied to work performed by the Contractor which
is not specified in Section B (Unit Prices). At all times the Contractor shall
strive to utilize the most cost effective elements possible to complete a project.
Appropriate overhead and management fees are included in the labor and
equipment rates listed below.
DESCRIPTION
LABOR RATES
Dublin Crew
Maintenance Superintendent
Landscape Foreman
Landscape Laborer l
Landscape Laborer II
Landscape Laborer III
Building Laborer I11
OVERTIME HOLIDAY
HOURLY HOURLY HOURLY
RATES RATES RATES
39.90 $ 59.85 $ 79.80
27.95 41.93 55.90
23.65 35.48 47.30
20.00 30.00 40.00
16.05 24.08 32.10
12.05 18.08 24.10
MCE Crew
Superintendent
Loader/Backhoe Operator
Asphalt Paver Operator
Roller Operator
Truck Driver 8-12 C.Y.
Truck Driver 4-6 C.Y.
Truck Driver 3 C.Y. Transit
Cement Finisher
Laborer Foreman
Laborer l
Laborer II
Laborer III
62.50 $ 93.75 $ 125.00
61.30 91.95 122.60
59.10 88.65 118.20
59.10 88.65 118.20
50.20 75.30 100.40
49.35 74.03 98.70
49.50 74.25 99.00
48.10 72.15 96.20
44.65 66.98 89.30
43.30 64.95 86.60
43.05 64.58 86.10
42.90 64.35 85.80
DESCRIPTION
EQUIP.
COST
HOURLY
RATE
EQUIPMENT RATES
Dublin Crew
* Flatbed Dump
* Pickup
Mower (21 ")
Mower (36")
Mower (72")
Chain Saw
Brush Cutter
7.00
5.85
2.35
3.50
11.10
4.70
4.10
PAGE 4 OF 5
EQUI
DESCRIPTION
PMENT RATES (CONTINUED)
Power Blower
Power Edger
Power Hedge Trimmer
Power Vacuum (30")
Trailer - Large (18')
Trailer- Small (8')
Power Washer
Electric Welder
Portable Generator
Water Trailer
EQUIP,
COST
HOURLY
RATE
$ 1.75
1,75
2,90
-.2,90
2,90
2,10
10,50
5,85
4,70
8,20
MCE Crew
Large Asphalt Paver
Asphalt Pa.ver
Backhoe
Loader
Roller-Vibratory 3-5 Tons
Roller-Vibratory 1 - 3 Tons
Dump Truck 8-12 C,Y,
Dump Truck 4-6 C,Y,
Transit Truck 3 C,Y,
Saw Truck
Pickup Crew Cab
Pickup
Concrete Saw-Self Propelled
Concrete Saw - Small
Air Compressor
Bitumal Pot
Vibra Plate
Wacker
Power Berm Machine
51,20
43,85
43,85
38,00
26,3O
23,4O
32,20
29,25
29,25
16,10
10,55
9,95
17,55
5,85
17,55
9,95
8,2O
8,20
17,55
OVERHEAD AND MANAGEMENT FEES
Applied to Subcontract Work
10 percent
* NOTE:
Dublin Flatbed and Pickup rates include cost of two way radios and hand tools,
PAGE 5 OF 5
DUBLATTC: MCE:C:WK1 :SPS:6/9/93 -
EXHIBIT C
City shall furnish physical facilities such as desks, filing
cabinets, and conference space, as may be reasonably necessary for
Contractor's use while consulting with City employees and reviewing records
and the information in possession of City.-.City shall also furnish a yard
facility from which routine maintenance may be dispatched. The location,
quantity, and time of furnishing said physical facilities shall be in the sole
discretion of City. In no event shall City be obligated to furnish any
facility which may involve incurring any direct expense, including, but not
limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
July 1, 1993
EXHIBIT D
GENERAL PROVISIONS
INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of
City. City shall have the right to control Contractor only insofar as the
results.of Contractor's services rendered pursuant to this Agreement; however,
City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement.
LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he
has all licenses, permits, qualifications and approvals of whatsoever natare
which are legally required for Contractor. Contractor represents and
warrants'to City that Contractor shall, at his sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor.
TIME. Contractor shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably'necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors. The cost of such insurance shall be included in
the Contractor's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General
Liability coverage ("occurrence" form CG 0001).
(2)
Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(3)
Worker's Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(i)
General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage.
If commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate
Exhibit D
Page 1 of 4
July 1, 1993
Ce
limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence
limit.
(2)
Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
(3)
Workers Compensation and Employers Liability: Workers
Compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1,000,000 per
accident.
Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City.
Other Insurance Provisions. The policies are to contain, or be endorsed
to contain, the following provisions:
(1) General Liability and Automobile Liabflity Coverages.
(a)
The City, its officers, officials, employees and volunteers
are to be covered as insureds'as respects: liability
arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed
by the Contractor. The coverage shall contain no special
limitations on the scope of the protection afforded to the
City, its officers, officials, employees or volunteers.
(b)
The Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Contractor's insurance
and shall not contribute with it.
(c)
Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City, its
officers, officials, employees or volunteers.
(d)
The Contractor's insurance shall apply separately to each
insured against whom claim is made or suitis brought,
except with respect to the limits of the insurer's
liability.
(2)
Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against
the City, its officers, officials, employees and volunteers for
losses arising from work performed by the Contractor for the City.
Exhibit D'
Page 2 of 4
July 1, 1993
(3) All Coverages.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, except after thirty (30) days prior written notice
by mail has been given to the City. Contractor shall provide City
with 30 days' prior written notice of any reductions in the dollar
limits of the policy. -
AcceDtabilitV of Insurers. Insurance is to be placed with insurers with
a Bests' rating of no less than A:VIII.
Fe
Verification of Coveraqe. Contractor shall furnish City with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the City before work
commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
The Risk Manager of City may approve a variation of those insurance
requirements upon a determination that the coverages. scope, limits and
forms of such insurance are either not commercially available or that
the City's interests are otherwise fully protected.
CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any
capacity whatsoever as an agent. Contractor shall have no authority, express
or implied, pursuant to this Agreement to bind City to any obligation
whatsoever.
ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment
of any right or obligation pursuant to this Agreement shall be void and of no
effect.
PERSONNEL. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the removal
of any such persons, Contractor shall, immediately upon receiving notice from
City of such desire of City, cause the removal of such person or persons.
STANDARD OF PERFORMANCE. Contractor shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Contractor is
engaged in the geographical area. All instruments of service of whatsoever
nature which Contractor delivers to City pursuant to this Agreement shall
conform to the standards of quality normally observed by a person practicing
in Contractor's work.
Exhibit D
Page 3 of 4
July 1, 1993
10.
11.
HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take
responsibility for Scheduled Work, Additional Work, and Emergency Work as
described in Paragraphs 2, 3, and 5 of this Agreement, as such work is
performed by Contractor, its employees, agents, and subcontractors in
accordance with all provisions of this Agreement. Contractor shall bear 'all
losses and damages resulting to it, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
performance or character of the work stated above, including unforeseen
difficulties, accidents, occurrences, or other causes predicated on active or
passive negligence of the Contractor or any subcontractor.
Contractor shall indemnify, defend, and hold harmless the City, its officers,
officials, employees, and agents from and against any or all loss, liability,
expenses of whatever nature, (including costs of defense), suits,. and damages
of every kind, nature, and description arising from the performance of the
work described in the paragraph above. This paragraph shall not be construed
to exempt the City, its employees, officers, directors, and agents. from its
own fraud, willful injury, or violation of law, whether willful or negligent.
City shall indemnify, defend, and hold the Contractor, its employees,
officers, officials, and agents harmless from and against any and all loss,
liability, expense, claim, costs (including costs of defense), suits and
damages of every kind, nature and description a~ising from the act or omission
by the City or any of its officers, officials, employees, and agents. By
execution of this Agreement, the parties acknowledge and agree that each has
read and understand the provisions hereof and that this section is a material
element of consideration.
Approval of the insurance contracts does not relieve the Contractor or
Subcontractors from liability under this paragraph.
GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor shall comply
with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided
pursuant to this agreement, Contractor shall comply with all applicable State
and Federal Laws and regulations, including, but not limited to, laws and
regulations relating to discrimination and laws requiring injury and illness
prevention programs.
a:(contracts)~engr~agrement
Exhibit D
Page 4 of 4
July 1, 1993