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HomeMy WebLinkAboutItem 4.07 AmendMCE AgreementCITY OF DUBLIN AGENDA STATEMENT City council Meeting Date: June 14, 1993 SUBJECT: Agreement with MCE corporation for Public works Maintenance Services Report by: Public works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) Resolution and proposed new agreement Current agreement and amendments RECOMMENDATION: FINANCIAL STATEMENT: Adopt resolution approving new agreement and authorize Mayor to execute. The approved 1993-94 budget for work performed by MCE Corporation is $906,750. A breakdown of services provided is included both in Exhibit B of the proposed new agreement (Exhibit 2 of this report) and in the adopted 1993-94 budget document- At the June 1, 1993, meeting, the City council reviewed the DESCRIPTION: MCE Corporation and approved a budget for Fiscal Year 1993-94 services provided by . The figures were which included the specific dollar amounts for those servlces- revised from the original $1,024,170 to $906,750, partially as a result of specific items cut or reduced from the scope of work and partially because MCE has agreed to freeze their employees' wages (for those working full time in Dublin) to coincide with the city employee wage freeze for 1993-94. The wage freeze itself represents an estimated savings to the City in the amount of $15,370, of which $1,300 affects Assessment District funds. The actual expenditure for MCE'S work over the course of the year may, in fact, be less than the amount budgeted, as the work is paid for on a time and materials basis. MCE corporation's current contract for Public Works Maintenance Services expires at the end of the 1992-93 Fiscal Year. As indicated in the June 1st contract review, MCE'S performance has been satisfactory, and staff recommends that the City council approve a new agreement with MCE (Exhibit 2). This agreement would be for the 1993- 94 fiscal year with two optional one-year extensions. The contract permits price adjustments on an annual basis with the approval of the City council. MCE previously supplied the form of the agreement, staff is proposing to convert the agreement to the City's standard form contract, including those specific details which pertaln to MCE such as scope of work and the terms of the compensation received. MCE corporation is primarily paid on a time and materials basis, plus overhead, as outlined in Exhibit B of the agreement. The cost of regular work performed under this agreement is not to exceed the dollar amount of the approved budget for the services. MCE'S work is supervised by the Public Works Department, and the cost of their work is monitored on a monthly basis for conformance with the adopted budget. staff recommends that the City council adopt the resolution approving the agreement with MCE corporation- a:(contracts)~maint~agstagrt COPIES TO: Stan smalley, MCE corporation Maynard Crowther, MCE corporation RESOLUTION NO. ~I-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: NOES: ATTEST: Mayor City clerk a:(contracts~maint~amndreso I . . 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 WORK 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 Bi 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 prov~s~ons 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 NeE 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. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 8. SUBCONTRACTING. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the eontractor's proposal. 9. CHANGES. City may from time to time require changes in th~ 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. 12. 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 NCE corporation July 1, 1993 Page 2 I . . Executed as of the day first above stated: CITY OF DUBLIN, A Municipal corporation By Mayor Attest: City Clerk MCE CORPORATION By Maynard Crowther, President Approved as to form: City Attorney Agreement with NCE corporation July 1, 1993 Page 3 . . . EXHIBIT A SCOPE OF SERVICES AND SCHEDULE The City has elected to perform its public works maintenance and related activities by using a private Contractor. The Contractor has agreed to arrange for and supervise the performance of the work and the City has agreed to retain the Contractor for such purposes, in accordance with the terms and provisions of this Agreement. The City and Contractor agree as follows: 1. Scooe 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 Agreementi 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 Agreementi (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 Agreementi (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 worki (d) comply with all laws, ordinances, rules, regulations, and requirements of governmental authorities, pertaining to the performance of the worki (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 qualitYi (f) perform all activities necessary and incidental to the orderly performance of the work. 2. Scheduled Work: All of the work set forth in Attachment 1 of Exhibit B is considered Scheduled Work, except as provided in Section 1. Contractor shall perform no work in addition to Scheduled Work, unless: Additional Work is approved in advance by the Public Works Directori or emergency situation exists. An emergency situation is one which occurs 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. ( a) ( b ) 'In under Exhibit A Page 1 of 4 July 1, 1993 I . . 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 Sub;ect 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 I:?e 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. Emeroencv Work: Emergency callout procedures will be maintained to provide for emergency response on nights, weekends, and holidays. The procedures will be reviewed and updated periodically to ensure their effectiveness. In the event Emergency Work dictates that work be accomplished outside the normal working hours, such as night time, weekends and holidays, appropriate overtime rates shall be used as set forth in Attachment 1 of Exhibit B. 6. Maintenance Supervision: The Contractor shall furnish a Maintenance Superintendent to assume full responsibility for day-to-day maintenance operations, ensuring that resources required to successfully complete the project are applied in a timely manner. In addition to providing the necessary liaison with the City, the Maintenance Superintendent is responsible for: (a) making recommendations to the Public Works Director of work that should be performed but which is not set forth in the Schedule of Worki (b) identifying work programsi (c) schedulingi (d) assisting and supervising work creWSi (e) responding to citizen callsi (f) assisting in contract administrationi (g) maintaining activity reportsi 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 his/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 Reoortino 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 performedi status of current and completed service requestsi and comparisons of annual work quantities and expenditures planned versus actual. 9. Additional Contractor Resoonsibilities: MCE workers will be alert for observable maintenance deficiencies in public facilities as they travel within the City's boundaries in the course of their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work. They will report observed maintenance deficiencies to the appropriate MCE or City representative, or other appropriate agency. 10. Protection of Work and Public: Contractor shall take all necessary measures to protect the work and prevent accidents during any and all phases of work. Contractor shall provide and maintain all necessary barriers, flagmen, and/or signs during maintenance procedures. Contractor will provide at no additional cost all the advance signing and barricading and also signs, barricades, flashers, and other necessary facilities for the protection of the public within the limits of the maintenance area while maintenance activities are proceeding. 11. Maintenance of Records: Contractor shall maintain all books, documents, papers, employee time sheets, accounting records including certified payrolls and such other evidence pertaining to costs incurred for a period of at least three years, and shall make these materials available at reasonable times during the contract period. Contractor shall not purge any records without the prior approval of the City. upon termination of the contract, or at the City's request, all such records shall be provided to the City, including maintenance records, certified payroll records, and hard copies of any other computer records such as inventories of City facilities. 12. ,Equal Emolovment Oooortunitv: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. 13. Prevailino Waoe: Contractor shall comply with the provisions of Labor Code Section 1770 at. 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 1, 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 seHEDULE 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 monthly bills to the City by which the work was performed. as follows: services rendered, Contractor shall submit the 15th day of the month following the month in The Contractor shall be compensated by the city 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 1 of 1 July 1, 1993 , JUN-10-1993 14:32 I CORPORRTION .510 837 9516 EXHIBIT 8 ATTACHMENT 1 - SCHEDULE OF WORK CITY OF DUBLIN PRELIMINARY CITY BUDGET FISCAL YEAR 1993-94 COUNCIL APPROVED JUNE 1,1993 P.02 A. SCOPE OF WORK The following breakdown identifies tasks which are anticipated to be conducted as part of the Annual Public Works Maintenance Agreement for the Fiscal Year 1993-94. Annual estimated oosts include management fees as provided in Section C. Contractor shall schedule work to adhere to these expenditure levels as provided for in this Agreement. ACTIVITY/SUB-ACTIVITY SPILL CLEAN UP STREET MAINTENANCE 1993- 94 ESTIMATED ANNUAL EXPENDITURE $ 6,400 . 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 10,100 1,000 15,000 4100 8,600 4,750 $ 64,800 $ 83,850 MAINTENANCE SUPERVISION STREET TReE MAINTENANCE -Activity Total $ $ 28,700 5,200 5,250 3,350 7,950 50,450 550 . In-House Tree Maintenance . Contract Tree Pruning . Contract Tree Fungus Spraying . Stageooach Assessment District . Dougherty Assessment Distriot $ NEIGHBORHOOD WATCH SIGNS PAGE 1 OF5 JUN-10-1993 14:33 . CORPORAT I ON .10 837 9516 P,03 1 STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) . Existing Streets $ 121 ,300 . Stagecoach Assessment District 31,100 . Dougherty Assessment District 39,900 Activity Total $ 192,300 PARKS MAINTENANCE . Stagecoach Park $ 11,550 . Kolb Park 45,700 . Dolan Park 28,100 . Alamo Creek Park 401200 . Dougherty Hills 15,800 . Dublin Sports Ground 122,750 . Mape Park 16,900 . Shannon Park 49,150 . Valley Swim Center 20,eoO . Civic Center 46,600 . Dublin High School 18,250 . Senior Center 500 Activity Total $ 416,300 BUILDING MANAGEMENT $ 83,550 HERITAGE CENTER MAINTENANCE $ 81550 Total 1993-94 Estimated Annual Expenditure $ 906,750 ~ B. UNIT PRICES The following activities shall be completed at the Unit Prices indicated. The unit prices are inclusive of all labor, materials, equipment, overhead and management fees. ACTIVITY/SUB-ACTIVITY RIGHT OF WAY MAINTENANCE . Chemical Weed Control 1993-94 UNIT PRICE $ 173.00 per Acre TURF MAINTENANCE . Fertilize,I'Need 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 $ 1 04.50 per Acre $ 99.00 per Acre $ 93,50 per Acre $ 143.00 per Acre $ 126.50 per Acre $ , '0.00 per Acre PAGE 2 OF 5 'ACTIVITY/SUB-ACTI! .93-94 UNIT PRICE . Mowing Turf . Streets & Stagecoach Park . Valley Swim Center, Civic Center and High School Football Field . All Other Parks $ $ $ $ 68.00 per Acre 58.50 per Acre 50.30 per Acre . Edging 11.70 per 1,000 L.F. 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 $ 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 Park Trees . Prune and Shape (Over 20') . Fungus Spraying PAGE30F5 DUBLATT1 :MCE:C:WK1 :SPS:6j9j93 · 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 I Landscape Laborer II Landscape Laborer III Building Laborer III HOURLY RATES OVERTIME HOURLY RATES HOLIDAY HOURLY 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 I Laborer II Laborer III DESCRIPTION $ 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 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 . EQUIP. COST HOURLY RATE . DESCRIPTION EQUIPMENT 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 $ 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 Paver 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 26.30 23.40 32.20 29.25 29.25 16.10 10.55 9.95 17.55 5.85 17.55 9.95 8.20 8.20 17.55 OVERHEAD AND MANAGEMENT FEES Applied to Subcontract Work 1 0 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:6j9j93 . . EXHIBIT e 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 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; however, city shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nat~re 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. 3. 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. 4. INSURANCE REOUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) 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 . . 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. C. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractori products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the city, its officers, officials, employees or volunteers. (d) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's compensation and Employers Liability Coverage. 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. E. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. F. 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. G. 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. 5. 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. 6. 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. 7. 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. 8. 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 . . 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take responsibility for Scheduled Work, Additional Work, and Emergency Work as described in Paragraphs 4, 5, and 7 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 arising from the act or omission by the City or any of its officers, officials, employees, and agents. By execution of this Agreement, the parties acknowledge and agree that each has read and understand the provisions hereof and that this section is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or Subcontractors from liability under this paragraph. 10. 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. 11. 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 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES WHEREAS, on June 26, 1990, the City of Dublin (hereinafter referred to as "CITY" and MCE Corporation (hereinafter referred to as "CONTRACTOR") entered into an agreement to provide Public Works Maintenance Services to CITY (hereinafter referred to as "AGREEMENT); and WHEREAS, that agreement provided for the extension of the term of the agreement for two consecutive one-year terms subject to the satisfactory performance by CONTRACTOR as determined by CITY; and WHEREAS, CITY has reviewed the performance of CONTRACTOR and has determined that CONTRACTOR has performed satisfactorily; and WHEREAS, an adjustment of fees for services is desired by both CITY and CONTRACTOR; NOW, THEREFORE, the parties hereto agree as follows: Section 1: Extension of Contract. The City of Dublin extends the Annual Public Works Maintenance Contract with CONTRACTOR for a period of one year commencing on July 1, 1992, and ending on June 30, 1993, in accordance with Section 2 of the AGREEMENT. Section 2: Schedule of Work and Adjustment of Rates. Attachment 1 attached hereto, and by reference made a part hereof, shall replace the Attachment 1 contained in the current AGREEMENT. The Schedule of Work and Rates contained within said Attachment 1 shall apply to work performed between July 1, 1992, and June 30, 1993. Section 3: Reference to Fiscal Year 1990-91. Ail references to "Fiscal Year 1990-91" contained in Section 1 of AGREEMENT shall be amended to read "Fiscal Year 1992-93." Section 4: Reduction In BudgeT. In the event CITY deems it necessary to adjust contract costs due to local government finances or for other reasons, CONTRACTOR agrees to cooperate fully with CITY to review, identify and recommend potential reductions in the proposed budget contained in Attachment 1, including potential reductions in levels of service, delivery of service alternatives and/or adjustments to the Schedule of Rates. Any adjustments to Attachment 1 shall be in writing and subject to mutual agreement between the CITY and CONTRACTOR. CITY OF DUBLIN ATTEST: -- ~it-~ C~er~ a: (contrac gs) \maint\amndmenr MCE CORPORA~ Presiden~ ATTEST: S ~e ta~y / ATTACHMENT 1 - SCHEDULE OF WORK CITY OF DUBLIN PRELIMINARY CITY BUDGET FISCAL YEAR 1992-93 APPROVED BUDGET JUNE 16, 1992 SCOPE OF WORK The following breakdown identifies tasks which are anticipated to be conducted as part of the Annual Public Works Maintenance Agreement for the Fiscal Year 1992-93. 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. 1992-93 ESTIMATED ANNUAL EXPENDITURE ACTIVITY/SUB-ACTIVITY SPILL CLEAN UP STREET MAINTENANCE $ 6,600 5,900 · Street Repair 10,700 · Drainage Maintenance 10,200 · storm ~atrol/Clean Up 4,000 · Curb & Gutter/Sidewalks 23,200 · Sign ~epair/Maintenance 11,400 · Striping/Marking 1,300 · Guardrall Repair 8,000 · Chemical Weed Abatement 5,280 · Bike Path Maintenance Activity Total MAINTENANCE SUPERVISION STREET TREE MAINTENANCE · In-House Tree Maintenance · Contract Tree Pruning · Contract Tree Trimming · Contract Tree Removal · Contract Tree Fungus Spraying · Stagecoach Assessment District · Dougherty Assessment District Activity Total NEIGHBORHOOD WATCH SIGNS STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) · Existing Streets Including San Ramon Road Phase IV · · Stagecoach Assessment District · Dougherty Assessment District Activity Total $ 79,980 $ 83,900 43,300 5,700 4,800 1,300 4,900 2,970 7,100 70,070 700 $ 190,800 39,200 49,100 $ 279,100 PARKS MAINTENANCE · · · · · · · · · · · Stagecoach Park Kolb Park Dolan Park Alamo Creek Park Dougherty Hills Dublin Sports Ground Mape Park Shannon Park Valley Swim Center civic Center Dublin High School Senior Center Activity Total BUILDING MANAGEMENT Total 1992-93 Estimated Annual Expenditure 14,700 48,600 34,300 40,600 11,300 111,100 17,800 69,600 23,600 67,400 17,300 500 $ 456,800 $ 73,800 $ 1,050,950 * NOTE: Additional funds to maintain the Heritage Center and new landscaping to be added in the Stagecoach Assessment District area is not included in the above figures and will be authorized at a later date. 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. ACTIVITY 1992-93 UNIT PRICE RIGHT OF WAY MAINTENANCE · Chemical Weed Control $ 165.00 per Acre TURF MAINTENANCE · Fertilize/Weed Control · Aeration 122.54 per Acre 141.07 per Acre 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 18.70 per Tree 20.95 per Tree 41.90 per Tree 38.50 per Tree 77.00 per Tree 4.57 per Tree Park Trees · Prune and Shape (Over 20') · Fungus Spraying 54.40 per Tree 4.57 per Tree DUBLATTl:MCE:C:WKl:6/16/92:SPS TIME AND MATERIALS RATES The following rates shall be-applied to work performed by the Contractor which is not specified in Section B (Unit Prices). At all times the Contractor shall strive to utilize the most cost effective elements possible to complete a project. Appropriate overhead and management fees will be applied as indicated. DESCRIPTION OVERTIME HOLIDAY HOURLY HOURLY HOURLY RATES RATES RATES LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer I Landscape Laborer II Landscape Laborer III $ 34.10 $ 51.15 $ 68.20 23.90 35.85 47.80 20.20 30.30 40.40 17.10 25.65 34.20 13.70 20.55 27.40 MCE Crew Superintendent Loader/Backhoe Operator Asphalt Paver 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 1 Laborer 2 Laborer 3 DESCRIPTION $ 51.80 $ 77.70 $103.60 50.80 76.20 101.60 49.10 73.65 98.20 49.10 73.65 98.20 42.10 63.15 84.20 41.50 62.25 83.00 41.45 62.18 82.90 40.45 60.68 80.90 38.05 57.08 76.10 37.00 55.50 74.00 36.75 55.13 73.50 36.60 54.90 73.20 EQUIP. COST HOURLY RATE EQUIPMENT RATES Dublin Crew · Flatbed Dump . Pickup Mower (21") Mower (36") Mower (72") Chain Saw Brush Cutter 6.00 5.00 2.00 3.00 9.50 4.00 3.50 DESCRIPTION EQUIP. COST HOURLY RATE EQUIPMENT 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 MCE Crew Large Asphalt Paver Asphalt Paver Backhoe Loader Roller-Vibratory 3-5 Tons Roller-Vibratory 1-3 Tons Dump Truck 8-12 Yd. Dump Truck 4-6 Yd. Transit Truck 3 Yd. Saw Truck Pickup Crew Cab Pickup Concrete Saw-Self Propelled Concrete Saw - Small Compressor Bitumal Pot Vibra Plate Wacker Power Berm Machine 1.50 1.50 2.50 2.50 2.50 1.80 9.00 5.OO 4.00 7.00 $ 43.75 37.50 35.00 33.00 20.00 15.75 26.25 23.75 23.75 13.50 9.00 7.50 13.50 8.00 13.25 7.00 7.00 7.00 13.75 OVERHEAD AND MANAGEMENT FEES Applied to MCE Operations Applied to Subcontract Work 17 percent 10 percent * NOTE: Dublin Flatbed and Pickup rates include cost of two way radios and hand tools. DUBLATTC:MCE:C:WKl:6/16/92:SPS AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND MCE CORPORATION FOR ANNUAL PUBLIC WORKS/MAINTENANCE SERVICES WHEREAS, on June 26, 1990 the city of Dublin (hereinafter referred to as "CITY"), MCE Corporation (hereinafter referred to as "CONTRACTOR"), entered into an Agreement to provide Public Works/Maintenance Services to the city of Dublin; and WHEREAS, that Agreement provided for the extension of the term of the Agreement for two consecutive one-year terms subject to the satisfactory performance by the CONTRACTOR as determined by the CITY; and WHEREAS, the CITY has reviewed the performance of the CONTRACTOR and has determined that the CONTRACTOR has performed satisfactorily; and WHEREAS, an adjustment of fees for services is desired by both the CITY and the CONTRACTOR. , NOW, THEREFORE, the parties hereto agree as follows: Section 1: Extension of Contract: The City of Dublin extends the Annual Public Works/Maintenance Contract with CONTRACTOR for a period of one year commencing on July 1, 1991 and ending on June 30, 1992. Section 2: Schedule of Work and Adjustment of Rates: The CONTRACTOR will perform the Schedule of Work as identified in Attachment 1 and as modified by the CITY for Fiscal Year 1991-92. The CITY also authorizes a change in the rates charged by CONTRACTOR to the CITY as indicated in Attachment 1. CITY OF DUBLIN ATTEST: -- ~ [City~clerk President ATTEST: ATTACHMENT 1 - SCHEDULE OF WORK PRELIMINARY CITY BUDGET FISCAL YEAR 1991-92 FINAL PRELIMINARY BUDGET JUNE 18, 1991 A. SCOPE OF WORK The following breakdown identifies tasks which are anticipated to be conducted as part of the Annual Public Works Maintenance Agreement for the Fiscal Year 1991-92. 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. 1991-92 ESTIMATED ACTIVITY/SUB-ACTIVITY ANNUAL EXPENDITURE SPILL CLEAN UP $ 6,800 STREET MAINTENANCE 6,600 o Street Repair 13,200 o Drainage Maintenance 8,300 o Storm Patrol/Clean Up 6,100 o Curb & Gutter/Sidewalks 23,600 o Sign ~epair/Maintenance 13,400 o Striping/Marking o Guardrall Repair 1,300 o Chemical Weed Abatement 6,000 o Bike Path Maintenance 3,900 MAINTENANCE SUPERVISION Activity Total $ 82,400 $ 80,400 STREET TREE MAINTENANCE o In-House Tree Maintenance o Contract Tree Pruning o Contract Tree Trimming o Contract Tree Removal o Contract Tree Fungus Spraying o Stagecoach Assessment District o Dougherty Assessment District Activity Total NEIGHBORHOOD WATCH SIGNS STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) o Existing Streets Including San Ramon Road Phase IV (7 Months) o Stagecoach Assessment District o Dougherty Assessment District Activity Total $ $ 44,700 6,600 8,700 2,200 4,300 5,200 7,900 79,600 400 185,000 33,300 42,700 $ 261,000 PARKS MAINTENANCE O O O O O O O O O O O O Stagecoach Park Kolb Park Dolan Park Alamo Creek Park Dougherty Hills Dublin Sports Ground Mape Park Shannon Park Valley swim Center civic Center Dublin High School Senior Center Activity Total BUILDING MANAGEMENT Total 1991-92 Estimated Annual Expenditure 16,300 43,150 36,300 37,150 9,900 111,000 16,800 51,100 23,800 72,400 18,800 500 $ 437,200 $ 76,800 $ 1,024,600 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. ACTIVITY 1991-92 UNIT PRICE RIGHT OF WAY MAINTENANCE o Chemical Weed Control 127.65 per Acre TURF MAINTENANCE o Fertilize/Weed Control o Aeration 116.85 per Acre 148.50 per Acre BEDDING MAINTENANCE o Fertilization o Chemical Weed Control 121.85 per Acre 123.65 per Acre TREE MAINTENANCE Street Trees O Pruning City Median Trees o Trim for Clearance Only (Under 30') o Trim for Clearance & Balance (Under 30') o Trim for Clearance Only (Over 30') o Trim for Clerance & Balance (Over 30') o Fungus Spraying 8.52 per Tree 20.95 per Tree 41.90 per Tree 38.50 per Tree 77.00 per Tree 4.70 per Tree Park Trees o Prune and Shape (Over 20') o Fungus Spraying 54.40 per Tree 4.70 per Tree TIME AND MATERIALS RATES ~he 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 will be applied as indicated. DESCRIPTION OVERTIME HOLIDAY HOURLY HOURLY HOURLY RATES RATES RATES LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer I Landscape Laborer II Landscape Laborer III $ 32.50 $ 48.75 $ 65.00 22.80 34.20 45.60 19.20 28.80 38.40 16.20 24.30 32.40 13.00 19.50 26.00 MCE Crew Superintendent Loader/Backhoe Operator Asphalt Paver 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 1 Laborer 2 Laborer 3 47.40 $ 71.10 $ 94.80 46.40 69.60 92.80 44.85 67.27 89.70 44.85 67.27 89.70 38.30 57.45 76.60 37.80 56.70 75.60 37.80 56.70 75.60 36.50 54.75 73.00 34.65 51.97 69.30 33.65 50.47 67.30 33.45 50.17 66.90 33.30 49.95 66.60 DESCRIPTION EQUIP. COST HOURLY RATE EQUIPMENT RATES Dublin Crew * Flatbed Dump * Pickup Mower (21") Mower (36") Mower (72") Chain Saw Brush Cutter 6.50 5.00 2.00 3.00 10.00 4.00 3.50 DESCRIPTION EQUIP. COST HOURLY RATE EQUIPMENT RATES (CONTINUED) Power Blower Power Edger Power Hedge Trimmer Power Vacuum (30") Trailer - Large (18') Trailer - Small (8') Power Washer MCE Crew Asphalt Paver Backhoe Loader Roller-Vibratory 3-5 Tons Roller-Vibratory 1-3 Tons Dump Truck 8-12 Yd. Dump Truck 4-6 Yd. Transit Truck 3 Yd. Pickup Crew Cab Pickup Concrete Saw-Self Propelled Concrete Saw - Small Compressor Bitumal Pot Vibra Plate Wacker Power Berm Machine 1.50 1.50 2.50 5.00 2.50 1.80 9.00 $ 37.50 32.50 31.25 18.75 15.00 25.00 22.50 22.50 8.50 7.50 12.50 8.00 12.50 6.25 6.50 6.50 12.50 OVERHEAD AND MANAGEMENT FEES Applied to MCE Operations Applied to Subcontract Work 17 percent 10 percent * NOTE: Dublin Flatbed and Pickup rates include cost of two way radios and hand tools. ANNUAL PUBLIC WORKS MAINTENANCE AGREEMENT BETWEEN CITY OF DUBLIN AND MCE CORPORATION TABLE OF CONTENTS ANNUAL PUBLIC WORKS MAINTENANCE AGREEMENT TITLE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17 18 19 20 21 PAGE 22 Notices 1 Scope of Work Duration of Agreement and Date of Commencement 2 Adjustments to Contract Prices and Work Quantity 2 2 Scheduled Work 3 Additional Work Work Not Subject to This Agreement 3 3 Emergency Work Contract Amount and Prices 3 Maintenance Supervision 4 Work Scheduling Procedures 4 Work Reporting Procedures 4 Additional Contractor Responsibilities 5 Protection of Work and Public 5 Compensation and Billing 5 Public Works Headquarters 5 General Provisions 5 Maintenance of Records 6 Equal Employment Opportunity 6 6 Prevailing Wage 6 Attorney Fees 6 Miscellaneous AGREEMENT ANNUAL PUBLIC WORKS MAINTENANCE '~' -' and MCE This Agreement is made this ~..~.. (~ __ 1990, between THE CITY OF DUBLIN, a municipal corporation ("city") CORPORATION, a california corporation, (,,contractor")- The city has elected to perform its public works maintenance and related activities as set forth in Attachment 1 of this document, using private contractors- 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 th~ terms and provisions of this Agreement. The city and the contractor agree as follows: 1. ~Scope of wor~kk: The city retains contractor to arrange for, supervise and manage the performance of the work described in the schedule of Work (Attachment 1) 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 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 includes the maximum amount the city will pay to Contractor for each activity for fiscal year 1990- 1991. Notwithstanding the foregoing, the city may at any time revise the schedule of work identified in Attachment 1 for budgeting or other reasons as deemed necessary by the city and the estimated annual expenditure for Fiscal Year 1990-91 shall be revised accordingly- The 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. Duration of A reement and Date of commencement: The 2. , term of the Agreement shall be one (1) year commencing July 1 1990, with provision for an extension of term for two successive one year terms, subject to satisfactory performance during the prior year, as determined by and in the S°le discretion of the city. The city has the option to renew the Agreement, subject to the price modifications that may be agreed upon by city and Contractor. Notwithstanding the foregoing paragraph, the services of the Contractor may be terminated by the city by giving ninety (90) days written notice with or without cause. If the city terminates the Agreement, the Contractor shall be compensated for such services up to the point of termination. Compensation for work in progress will be prorated as to the percentage of progress completed at the date of termination. Contractor may also terminate its services to the city, but must first provide the city with written notice at least ninety (90) days in advance of termination. In such event, city shall compensate contractor for services up to the point of termination, as provided above. Compensation for work in progress will be prorated as to the percentage of progress completed at the date of termination. 3. Ad'ustments to Contract Prices and work uantit : In the event of extension of the Agreement, no later than March 1st, the 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. 4. scheduled Wor~: Ail of the work set forth in Attachment 1 is considered Scheduled Work, except as provided in Section 1. Contractor shall perform no work in addition to scheduled Work, unless: (a) Additional Work is approved in advance by the Public Works Director or; (b) an emergency situation exists. An emergency situation is one which endangers the public safety or public or private property and 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. 2 Contractor shall bill Additional Work on the basis mutually agreed to by the Contractor and the city at the time the work is incorporated into the annual maintenance program. 9. 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. 10. 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 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. The 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 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. The Contractor will use a service request form to ensure that complete information is obtained on work needs and requests for service. 11. Work ReDortinq Procedures: The 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. 4 ~r Res onsib~l~y~: MCE workers ficiencies in publiCl2. Additional will be alert for observable maintenance d% . he travel within the city s boundaries in the facilities as t Y ..... = ..... formin~ Scheduled Work, course of their maintenance ac~lvlL±~ ~ _ 7.° Additional Work, and Emergency Work. They will report observed maintenance deficiencies to the appropriate MCE or city representative, or other appropriate agency. 13. Protection of work and public: The contractor shall take all necessary measures to protect t~le 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. The 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. 14. Compensation and Billinq: 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: ae 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 City. 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 Contractor shall agree as soon as possible after the work is performed on the amount of compensation based on costs for related jobs. 15. Public works Headquarters: city shall provide an office for the Maintenance Superintendent. City shall provide a corporation yard facility from which routine maintenance may be dispatched.' Work days shall begin at such time of dispatch from a Dublin corporation yard or as mutually agreed upon by city and Contractor. 16. General Provisions: The general provisions set forth in Attachment 2 are part of this Agreement. In the event of any 5 inconsistency between said general provisions and any other terms or conditions of this Agreement, the other terms or conditions shall control, insofar as it is inconsistent with the General Provisions. 17. Maintenance of Records: Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and such other evidence pertaining to costs incurred and shall make these materials available at reasonable times during the contract period and for one year from the date of final payment under this Agreement for inspection by city. 18. Equal Employment Opportunity: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. 19. Prevailing Waq~: 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. 20. Attorney Fees: If either party brings an action against the other party arising out of or in connection with this Agreement entered into between city and Contractor, the prevailing party is entitled to have and recover from the losing party reasonable attorney fees and costs of suit. 21. A. Miscellaneous: 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. Contractor will endeavor to secure materials from the lowest cost source reasonably available. 22. Notices. Any notice given under this Agreement shall be served by depositing it in the mail, postage prepaid, to the addresses set forth below: A. Notices to the Contractor shall be addressed to: MCE Corporation 2500 Old Crow Canyon Road, suite 320 San Ramon, California 94583 Notices to the city shall be addressed to: city of Dublin P. O. Box 2340 Dublin, California 94568 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF DUBLIN '~J · Ma~r ATTEST: -i~,,),~×t I.:' MCE CORPORATION ~ayflard A. cr P~esident ATTEST: Stanley p//Smalley Vice President ATTACHMENT 1 - SCHEDULE OF WORK PRELIMINARY CITY BUDGET - FISCAL YEAR 1990-91 REVISED JUNE 18, 1990 SCOPE OF WORK The following breakdown identifies tasks which are anticipated to be conducted as part of the Annual Public Works Maintenance Agreement for the Fiscal Year 1990-91. 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. 1990-91 ESTIMATED ANNUAL EXPENDITURE ACTiVITY/SUB-ACTIVITY SPILL CLEAN UP $ 5,800 STREET MAINTENANCE 9,800 · Street Repair 12,000 · Drainage Maintenance 14,000 · storm Patrol/Clean Up 6,500 · Curb & Gutter/Sidewalks 21,000 · sign Repair/Maintenance 14,600 · striping/Marking 1,300 · Guardrail Repair 4,500 · Chemical Weed Abatement 3,200 · Bike Path Maintenance Activity Total MAINTENANCE SUPERVISION STREET TREE MAINTENANCE · In-House Tree Maintenance · Contract Tree Pruning · Contract Tree Trimming · Contract Tree Removal · Contract Tree Fungus Spraying · Stagecoach Assessment District · Dougherty Assessment District Activity Total NEIGHBORHOOD WATCH SIGNS STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) · Existing Streets Excluding San Ramon Road Phase IV ~ Stagecoach Assessment District · Dougherty Assessment District Activity Total $ 86,900 $ 78,000 43,100 5,600 12,500 2,200 3,600 4,800 8,700 $ 80,500 $ 1,700 $ 157,600 24,900 57,500 $ 240,000 PARKS MAINTENANCE · Stagecoach Park · Kolb Park · Dolan Park · Alamo Creek Park (Renovated) · Dougherty Hills · Mape Park · Shannon Park (Renovated) (8 Months) · Dublin Sports Ground · Valley swim Center · civic Center · Senior Center · Dublin High School (10 Months) Activity Total BUILDING MANAGEMENT Total 1990-91 Estimated Annual Expenditure 15,600 38,700 41,900 43,900 10,900 14,700 37,000 112,000 18,900 67,800 500 20,000 $ 421,900 $ 69,600 $ 984,400 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. 1990-91 UNIT PRICE ACTIVITY RIGHT OF WAY MAINTENANCE · Chemical Weed Control TURF MAINTENANCE · Fertilize/Weed Control ® Aeration BEDDING MAINTENANCE · Fertilization · Chemical Weed Control $ 120.40 per Acre 110.25 per Acre 350.00 per Acre 114.95 per Acre 116.65 per Acre 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 8.52 per Tree 20.95 per Tree 41.90 per Tree 38.50 per Tree 77.00 per Tree 4.25 per Tree TIME AND MATERIALS RATES The following rates shall be applied to work performed by the Contractor which is not specified in Section B (Unit Prices). At all times the Contractor shall strive to utilize the most cost effective elements possible to complete a project. Appropriate overhead and management fees will be applied as indicated. DESCRIPTION OVERTIME HOLIDAY HOURLY DAILY HOURLY HOURLY RATES RATES RATES RATES (8 HOURS) LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer I Landscape Laborer II Landscape Laborer III $30.00 $240.00 $45.00 $ 60.00 21.50 172.00 32.25 43.00 18.10 144.80 27.15 36.20 15.30 122.40 22.95 30.60 12.10 96.80 18.15 24.20 MCR Crew Superintendent Loader/Backhoe Operator Asphalt Paver Roller Operator Tractor Operator Truck Driver 8-12 C.Y. Truck Driver 4-6 C.Y. Truck Driver 3 C.Y. Transit Cement Finisher Laborer Foreman Laborer 1 Laborer 2 Laborer 3 DESCRIPTION $46.95 $375.60 $70.42 $ 93.90 45.95 367.60 68.92 91.90 44.40 355.20 66.60 88.80 44.40 355.20 66.60 88.80 42.20 337.60 63.30 84.40 37.80 302.40 56.70 75.60 37.25 298.00 55.87 74.50 37.25 298.00 55.87 74.50 35.80 286.40 53.70 71.60 34.20 273.60 51.30 68.40 33.20 265.60 49.80 66.40 32.95 263.60 49.42 65.90 32.80 262.40 49.20 65.60 EQUIP. WAGES TOTAL OPERATED COST INCL. COST HOURLY FRINGE PER PER RATE BENEFITS HOUR DAY EQUIPMENT RATES Dublin Crew $ 52.00 * Flatbed Dump $ 6.50 40.00 * Pickup 5.00 20.00 Mower (21") 2.50 28.00 3.50 72.00 Mower (36") 9.00 32 00 Mower (72") 4.00 ' chain Saw 24.00 Brush Cutter 3.00 DESCRIPTION EQUIP. WAGES TOTAL OPERATED COST INCL. COST ..PER HOURLY FRINGE PER _ RATE BENEFITS HOUR DAY EQUIPMENT RATES (CONTINUED) Power Blower Power Edger Power Hedge Trimmer Power Vacuum (30") Trailer - Large (18') Trailer - Small (8') $ 2 00 $ 16.00 · 16.00 2.00 16.00 2.00 56.00 7.00 24.00 3.00 14.40 1.80 MCE Crew Asphalt Paver Loader/Backhoe Tractor Roller-Vibratory 3-5 Tons Roller-Vibratory 1-3 Tons Dump Truck 8-12 Yd. Dump Truck 4-6 Yd. Transit Truck 3 Yd. Pickup Crew Cab Pickup Concrete Saw-Self Propelled Concrete Saw - Small Compressor Bitumal Pot vibra Plate Wacker Power Berm Machine $37.50 $ 44.40 $81.90 $655.20 27.50 45.95 73.45 587.60 22.50 42.20 64.70 517.60 15.00 44.40 59.40 475.20 12.00 44.40 56.40 451.20 22.50 37.80 60.30 482.40 20.00 37.25 57.25 458.00 20.00 37.25 57.25 458.00 56.00 7.00 52.00 6.50 100.00 12.50 64.00 8.00 80.00 10.00 48.00 6.00 48.00 6.00 48.00 6.00 80.00 10.00 OVERHEAD AND MANAGEMENT FEES Applied to MCE Operations Applied to Subcontract Work 20 percent to Street Maintenance 15 percent to all Park Maintenance 10 percent * NOTE: Dublin Flatbed and Pickup rates include cost of two way radios and hand tools. ATTACHMENT 2 GENERAL PROVISIONS 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; however, city shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES, PERMITS, ETC.. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor. Contractor represents and warrants to city that Contractor shall, at its 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. 3. 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. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of this Agreement 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, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services office Form Number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and insurance Services office Form Number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services office Commercial General Liability coverage ("Occurrence" Form CG 0001.) 2. Insurance Services office Form Number CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" and Endorsement CA 0025. (b) (c) (d) 3. Workers' Compensation insurance as required by the Labor code of the state of California and Employers Liability Insurance. Minimum Limits of Insurance. Contractor shall ~aintain limits no less than: 1. General Liability: $ 1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $ 1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor code of the state of california and Employers Liability limits of $ 1,000,000 per accident. Deductibles and self-Insured Retentions- Any deductibles or self-insured retentions must be declared to and approved by the city. At the option of the city, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. other Insurance provisions.. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The city, its officers, officials, employees and volunteers are to be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the city, its 2 de officers, officials, employees or volunteers. 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 in excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the city, its officers, officials, employees or volunteers. The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the city. Acceptability of Insurer~. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. ~erification of coveraq~. 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. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 3 The Risk Manager of city may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or khat the city's interests are otherwise fully protected. 5. CONTRACTOR NO AGEN~T. 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. 6. 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. 7. 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. 8. 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 work in which contractor is engaged in the same geographical area. All instruments of service of whatsoever nature which Contractor delivers to city pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person performing Contractor's work. s onsibilit¥ [or ~cneuu~=~ , shall take re p - . ..... ra-hs 4 5 and 6 of this and Emergency Work as descrlDe~ in parag p, . ch work is performed by contractor, its Agreement, as su ........ ~or in accordance with all employees, agents, and · A reement. Contractor shall bear all losses provisions of this g ......... ~,~hcontractor, to the C~ty, and damages resulting to ~, uu ~,~ ~ .. · d em lovees, or to parties designated by the o itv officers an P ....... ~ ~ ork stated t C ~ rmance or cnaracu~ ~ ~e w city, on account of perfo .... :_.~ accidents, occurrences foreseen ~li~luu~, above, including un ....... ~ ~ n sive ne ligence of the or other causes pre~lcasea un ~ .... ~as g Contractor or any subcontractor. Contractor shall indemnify, defend and hold harmless the city, its officers, officials, employees and agents from and 1 loss, liability, expense, claim, costs against any o.r a~ .... , ~.,~ s and damages of every kind! including costs o~.aeIen~e~, =~_, ~ mance of the work ~ature and description arlsl~g from 3~ Pne~anh shall not be ~ibed in the paragraph aDo~e. ~= ~ ~cers from its ..... the cit , its employees ~u ~ . r construed to exempt. . Y -:-~n of law whether w~llful o 1 in ur or viux~u~ own fraud, w~llfu ~ .Y ..... ~ =~d hold the Contractor, negligent, city shall ln~emnl~y, u~=~,~ ~ its employees, officers, directors and agents harmless from and against any and all loss, liability, expense, claim, costs (including costs of defense), suits and damages of every kind, nature and description arising from the act or omission by the city or any of its officers, officials, employees and agents. By execution of this Agreement, the parties acknowledge and agree that each has read and understand the provisions hereof and that this section is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 10. GOVERArMENTAL 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.