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Item 4.06 Amend MCE Agreement
CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: January 10, 1994 SUBJECT: Amendment to Contract With MCE Corporation for Public Works Maintenance Services Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: RECOMMENDATION: 1) Current Agreement 2) Revisions by Activity (Pages 1, 2, and 4 of Schedule of Work) ,,.{.))...g Resolution and Proposed Amendment Adopt resolution (Exhibit 3) approving amendment to agreement FINANCIAL STATEMENT: The proposed amendment would increase the total estimated expenditure for Fiscal Year 1993-94 for MCE's contract by a total of $30,685 (from $906,750 to $937,435). See description below for a breakdown of the cost increase by item. DESCRIPTION: In June of 1993, the City Council approved a three-year agreement with MCE Corporation for Public Works Maintenance Services (see Exhibit 1). MCE Corporation provides street, park, and building maintenance services to the City of Dublin under this agreement. Exhibit B of the agreement contains the schedule of work (budget) and labor rates for Fiscal Year 1993-94. At the time that the agreement was approved, MCE Corporation had agreed to support the City's decision to freeze salaries and therefore did not request a percentage of increase for Dublin Crew salary adjustments over the Fiscal Year 1992-93 rates. In December of 1993, the City Council reviewed the City's financial position and approved a 3% budget increase for City employee salaries and an increase for specific contractors, including.MCE. The proposed contract amendment reflects this increase, as well as restoration of several serwces that had been curtailed in the original budget. Following is a list of the items that the City Council approved on December 13th, with the associated additional costs: Building Maintenance $ 7,000 Private Tree Trimming 7,700 Replacement of Sidewalk Trees 1,800 San Ramon Road Banner Installation 1,500 Park Maintenance (Shannon Fountain) 5,000 Total for Service Restoration: $ 23,000 Labor Rate Increases $ 7,685 Total Effect of Amendment: $ 30,685 Exhibit 2 provides a comparison between the 1993-94 activity estimates and labor rates that were adopted in June of 1993 versus the activity estimates and labor rates shown in the amendment. It should be noted that the figures provided under "Scope of Work" are estimates based on a forecast of activities to be performed, and individual line items may be under or over the estimate at the end of the Fiscal Year. MCE's final aggregate costs have typically been under budget. Recommendation Staff feels that the proposed amendment is reasonable and in line with the City Council's direction, and therefore recommends that the City Council adopt the resolution (Exhibit 3) approving the contract amendment. a : (contracts l ) lmaint lag stamnd ITEM NO.~~_ COPIES TO: MCE Corporation EXHIBIT "A" OF RESOLUTION ~__~-93 PUBLIC WORKS MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, california, as of July !, 1993, by and between the CITY OF DUBLIN, a Municipal Corpsration ("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. ~he 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 extensiQn of the Agreement, no later than March 1st, Contrautor 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 EQUIPMENT. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment Qhich 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 provision~ and any other terms or conditions of this A~reement with MCE Corporation ............. 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. ~UBCONTP~.CTING. No portion of the work pertinent to ~h_s contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Contractor's proposal. 9. CHA___~NGES. City may from time to time require changes in th£ of the services by Contractor to be performed under this Agreement. on oscope , -~ensation Such changes, including any change an the_a~ou~t_ o tire as which are mutually agreed upon by City an~ con.tau -, azaendments to this Agreement only when in writing. ........... LE CHARs~ ' Contractor shall assign a pro!e~ ~_ manager(s) to the project for the duration of the pro3~= ..... . . . ' the Project Manager or membe~s of the project team withOUt Drzor change an written approval by the City. tl CONTP~ACT ADMiNIST.~TION. This Agreement shall be . -- shall administered by LEE S. THOMPSON (,,Admznzstrato ). Ail corresuondence be directed to cr through the Administrator or his designee. . '~ notice to contractor shall be sent via Any wrz~en 12. NOTICE~. Registered Mail to: 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 ~. ~ Engineer Director of Public Wc~ks/C-~Y P. O. Box 2340 Dublin, CA 94568 (signatures next page) Agreement with MCE Corporation July 1, 1993 Executed as of the day first above stated: Attest . ~Ci~ cler'k Approved as to form: ? City Attorney CITY OF DUBLIN, A Mun~POratiOn MCE CORPORATION M~Cr o~t ~er, President Agreement with MCE Corporation July 1, 1993 Page 3 EXHIBIT A SCOPE OF SEKVICES 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: I. Sco~e of Work: The city retains Contractor to arrange for, supervise and manage the performance of the work described in the schedule of Work (Attachment I, Exhibit B) and a~ 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 cf 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 Exhzbzt B includes the maximum amount the city will pay to Ccn~ractor for each activity for Fiscal Year 1993- 94. Notwithstanding the foregoing, the City may at any time revise the schedule of Work identified in AttacP~ent 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 wor~en and materials in the performance of the work; (d) comply with all laws, ordinances, rules, regulations, and requirements cf governmental authorities, pertaining to the contract for its performance performance of the work; (e) ~e'~o~m the work, and supervise its performance in a good and workmanlike manner and in the mosu expeditious, cost effective manner consistent with first-class quality; (f) perform all activities necessary and incidental to the orderly performance cf the work. .... ' -~ ~orth in Attachment ! of 2. scheduled Work: Al! of the wo=K 0=~ ~ . Exhibit B is considered scheduled Work, except as provided in Sectlon !. 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 uncer circumstances making it either impossible or impractical to obtain City approval before proceeding witch the work. In such cases, the contractor wi!! proceed with the work to the extent necessary to relieve said danger and shall soecifically inform the Public works Director of all Emergency Work ' bed Ail scheduled work shall be orovided according to a monthly accomplls · - ....... ~=~nce Suoerintendent and approved by the Public schedule prepare~ Dy ~n~ ~-~=~ ........ works Director in advance. Exhibit A 3. Additional Work:. City may require contractor to provide Additional Work not described herein at rates and quantities negotiated by the City and Consultant. No Additional Work will be undertaken by contractor without the prior written approval of the Public Works Director. The Contractor'will bill the City for Additional work in the manner as provided in Attachment 1 of Exhibit B. 4. work Not Subject to t~s~reemen___~t: 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 s~parate 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 loca~ ordinances and State laws, may directly purchase materials or supplies to be used by contractor. This shall not Contractor, as part cf k_om . restrict the Public Works Director ~ requesting that other duties identified in this Agreement, assist City with locating suppliers, obtaining price quotations or bids, cr other assistance provided that Contractor will not be providing the materials and supplies. , , callout ~rocedures w~ll be maintained ~ Work: Emergency - ' ' s. The 5. ~mer~encv - ' _ _i~hts, weekends, and nolzday to provide for emergency response on ~ ~ 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 Su~ervisio_q: The Contractor shall furnish a Maintenance superintendent to assume full resuonsibility 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 cf 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 · - · activity reports; and (h) generally contract administration; (g) maintaining administering public works maintenance functions. 7. Work schedulinc Procedure__s: To the extent oossible, it is the intent of this Agreement that the work be performed on a scheduled, orderly basis. Prior to the comfnencement of work, Co~tr~c~?r shall prepare a schedule showing projected work to be oerformed througnou~ the fiscal year, including information such as frequency cf weeding, water~ng, and other parks maintenance and other similar projected schedules of the work to be performei. ContJactor will prepare mcnthly work schedules and review them with the · ~ re~resent s~ecific work needs Public Works Director. These scnedu!es w~] .... ~ ~ ~c- identified as the result of the Contractor's recommendations and requests ..... the Public Works Director or-his/her designee. Emphasis will be placed on Exhibit A 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 Reucrtinc Procedure~: Contractor shall submit a Monthly Work · .~ the 15th day of the Summary Report to the Public Works D~,ector on or before 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 Resoonsibilities: MCE workers will be a!ern 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 Publiq: Contractor shall take all necessary measures to protect the work and prevent accidents during any wo_~. ContracUcr shall provide and maintain all necessary all phases of 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 for a ot~ evidence pertaining to costs incurred certified payrolls and such .... period of at least three years, and shall make these materials available au reasonable'times during the contract period. Contractor shall not purge any records without the prior aooroval of the City. Uoon termination of the ~ ,e ~t's recuest, all such records shall be ~rovided to the ~?~ra~l~i~ ~in~en~nce records, certified payroll rec~rd~,a~c~T~ios ~oD~s of any other computer records such as inventories o~ c~y ~a 12 Ecua~ =mo!cvment Oucortunitz: Contractor is an equal opportuntty employer and agrees to compiv with aoDlicable regulations governing equal employment opportunity. 13. Prevai!inC Wace: Contractor shall comply with the provisions cf Labor Code Section 1770 et. seq., with respect to payment of prevailing wages, maintenance of payroll records, and payment of penalties under Labor code Section 1775. 14. Attorney Fees: If. either ith this ~creement entered into between party arising out of or in connection ~arty brines an action aoainst the cuber Exhibit A City and Contractor, the prevailing party is entitled to have and recover frcm 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 !cwes~ cost source reasonably'available. Exhibit A 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 i, the total annual estimated budget shall be the sum of the planned expenditure amounts listed in Attachment t. The actual amount paid to the Contractor shall be based on the amount of work uerformed according to the costs outlined in Attachment I and any subsequent ..A~ditional Work" approved by the City. Work items listed in Attachment ! shall be billed on a unit orice basis or otherwise as set forth in AttacP~ent !. Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of work. For work listed as "Time and M~terials" (T & M), Contractor shall bill as the City on the basis of actual costs to the Contractor D~us a percentace 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 !ith day of the month following the month in which the ~ork was performed. The Contractor shall be compensated by the Cit':' 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 auDroval 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 ~' n based on costs for related jobs. performed on the amount of ccmpensa~o Consultant is not authorized to perform any services or incur any whatsoever under the terms of this Agreement until receipt of a fully executec Purchase Order from the Finance Department of the City of Dublin. Exhibit B JUN-~-lg~3 1~:]2 MCE CORPORATION 1 bl~ woY '~o EXHIBIT B ATTACHMENT 1 - SCHEDULE OFWORK CITY OF DUBLIN PRELIMINARY CITY BUDGET FISCAL YEAR 1993-94 COUNCIL APPROVED JUNE t, 1993 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. Annua! 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 1993- 94 ESTIMATED ANNUAL EXPENDITURE ACTIVITY/SUB-ACTIVITY 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 MAINTENANCE SUPERVISION Activity Total 7,0O3 13,650 10,100 1,000 15,000 4,7O3 8,600 4,750 64,800 83,850 STREET TREE MAINTENANCE · In-House Tree Maintenance · Contract Tree Pruning Contract Tree Fungus Spraying Stagecoach Assessment District · DoughertyAssessment District NEIGHBORHOOD WATCH SIGNS 'Activity Total 28,700 5,2O3 5,250 3,350 7,950 50, ,¢--.~0 550 PAGE 1 OF 5 JUN-l~-1993 14:33 STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) Existing Streets · Stageooach Assessment District DoughertyAssessment District Activity Total $ $ 121,300 31,100 39,900 192,3OO PARKS MAINTENANCE · Stagecoach Park · Kolb Park . · Dolan Park · Alamo Creek Park · Dougherty Hills · Dublin Sports Ground · Mope Park · Shannon Park · Valley Swim Center · Civic Center · Dublin High School · Senior Center BUILDING MANAGEMENT HERITAGE CENTER MAINTENANCE Total 1993-94 Estimated Annual Expenditure Activity Total $ $ $ $ 11,550 45,700 28,100 40,200 15,800 22,750 16,900 49,150 20,8O0 46,600 18,250 5OO 4t 6,3OO 83,550 8,550 906,75O 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. ACTWITY/SU B-ACTIVITY 1993-94 UNIT PRICE RIGHT OF WAY MAINTENANCE · ChemicalWeed Control $ 173.00 per Acre TURF MAINTENANCE · Fertilize/Weed Control · Streets & Stagecoach Park · Valley Swim Center, Civic Center and High School Footb~-l~ Field e All Other Parks $ 104.50 per Acre $ 99.00 per Acre $ 93.50 per Acre Aeration ~ Streets & Stagecoach Park · Valley Swim Center, Civic Center and High School Football Field · All Other Parks $ 143.00 per Acre $ 1 26.50 per Acre $ 110.00 per Acre PAGE 2 OF 5 ACTIVITY/SU B-ACTIVITY Mowing Turf · 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 1,0C© 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 DU BLATT 1: MCE:C:WK1: SPS:6/9/93 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 are included in the labor and equipment rates listed below. OVERTIME HOLIDAY HOURLY HOURLY HOURLY DESCRIPTION RATES RATES RATES ,. LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer 1 Landscape Laborer II Landscape Laborer Building Laborer $ 39.90 $ 59.85 $ 79,80 27.95 41.93 55,~cO 23.65 35.48 47.30 20.00 30.00 40.CO 16.05 24.08 32.10 12.05 t8,08 24.10 MCE Crew Superintendent Loader/Backhoe Operator Asphalt Paver Operator Roller Operator Truck Driver 8-1 2 C.Y. Truck Driver 4-6 C.Y. Truck Driver 3 C.Y. Transit Cement Finisher Laborer Foreman Laborer I Laborer 11 Laborer III DESCRIPTION $ 62.50 $ 93.75 $ 125.00 61.30 91.95 1 22.60 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 (360 Mower (72") Chain Saw Brush Cutter 7.00 5.85 2.35 3.50 11.10 4.70 4.10 PAGE 4 OF 5 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 EQUIP. COST HOURLY RATE $ 1.75 1.75 2.90 2.9O 2.90 2.10 10.50 5.85 4.70 8.20 MCE Crew Large Asphalt Paver $ 51.20 Asphalt Paver 43.85 43.85 Backhoe 38.00 Loader Roller-Vibratory 3-5 Tons 26.30 Roller-Vibratory 1 -3 Tons 23.40 Dump Truck 8-12 C.Y. 32.20 Dump Truck 4-6 C.Y. 29.25 Transit Truck 3 C.Y. 29.25 Saw Truck 1 6.10 Pickup Crew Cab 10.55 Pickup 9.95 Concrete Saw-Self Propelled 17.55 Concrete Saw - Small 5.85 Air Compressor 17.55 Bitumal Pot 9.95 Vibra Plate 8.20 Wacker 8.20 Power Berm Machine 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. DUBLATTC:MCE:C:WK1 .SPS:6/9/93 PAGE 5 OF 5 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for records Contractor's use while consulting with City employees and reviewing 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 EXHIBIT D GENEkA~L PROVISION~ Contractor shall be an in p e n City. City shall have the right to control Contractor only insofar as ~ne 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. LtCENSES~ PERMITS~ ETC. Contractor represents and warrants to City that he has all licenses, permits, aual;f~cations and approvals of whatsoever nat2re 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 fgr Contractor. , . · the performance of services TIM~. Contractor shall devote suCh tame to . , necessary for satisfactory pursuant to this A~reement as ma'; be reasonaoly performance of Contractor's obligations pursuant to this Agreemenc. INSUR3~NCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons cr da/nages 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 Sco~e of Insurance. coverage shall be at least as broad as: (!) 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 Co~unercial General Liability coverage (,.occurrence" form CG 000!). (2) Insurance Services office form number CA 0001 (Ed. 1/78) ccverin~ __~y, code 1 "any auto" and endorsement CA 0025. Automobile Liabi~ ~ ~o by the Labor code of (3) Worker's Compensation insurance as the State of california and Employers Liability Insurance. B. Minimum Limits of insuranc9. Contractor shall maintain limits no !ess than: (1) General Liability: $t,000,000 combined single limit per occurrence for bodily injury, personal injury and property d~a~e. If commercial General Liability Insurance or other form wi~k a ~eneral aggregate limit is used, either the general aggregate Exhibit D Page 1 of 4 Co limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. _abz!~y: $1 000,000 combined single limit per (2) Automobile L{ ' ~ , accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability:Wo~~e-s ' S~_~e cf Compensation limits as required by the Labor code of the California and Employers Liability limits of $!,000,000 per accident. peductLbles and self-insured RetentionA. 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 n~ovisions: (t 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 cut of activities performed by or cn behalf of the Contractor; products and completed ooerations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or bcrrswe! -~a~n no s~ecial by the Contractor The coverage shall con limitations on the scope of the protection =.~or~ed 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 · ' ge with it and shall not connrlbu~ ' (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- to each (d) The Contractor s insurance shall anuly separately insured against whom claim is made or suit is brought, except with respect to the limits of the znsu~e~ s liability. (2) Worker's Ccmuensation and Employers Liability coverage. The insurer shall agree to waive all rights of subrogation acaznsu the City, its officers, officials, employees and volunteers fcc losses arising from work performed by the Contractor for the Exhibit D Page 2 of 4 5o (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 nosice by mail has been given to the city. Contractor sha~l provide Cit'£ with 30 days' prior written notice of any reductions in the dollar limits of the pol£cy. E. Acceptabi!~t¥ of Insurers. Insurance is to be placed with insurers wLtk a Bests~ rating of no !ess than A:VIII. F. Verification of Coverace. 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 worm commences. The City reserves the right to require complete, certSfied copies of all required insurance policies, at any time. G. The Risk Manager of CSty may approve a variation of those insurance requirements upon a determination that the coverages, scope, limius 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 sna±z 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 cr obligation pursuanu to this Agreement. Any attempted or purported assicmT, ent of any right or obligation pursuant to this Agreement shall be void and cf nc effect. PERSONNEL. Contractor shall assign only compe5ent personnel to perform services pursuant to this Agreement. In the event that City, in its sc!e discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notkce from city of such desire cf City, cause the removal of such person or persons. STANDARD OF PERFOP~IANCE. 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 !0. i!. 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, ~o City officers and employees, or to parties designated by the City, on account cf performance or character of the work stated above, including unforeseen difficulties, accidents, occurrences, or other causes predicated on active cr 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 d~a~es of every kind, nature, and description arising from the performance of ~he · work described in the paragraph above. This paragraph shall not be construea to exempt the City, its emp!oyee~, officers, directors, and agents from its own fraud, willful injury, or violation of !aw, whether willful or neg!igenc. City shall indemnify, defend, and hold the contractor, its employees, officers, officials, and agents harmless f'rom and against any and all loss, liability, expense, claim, costs (including costs of defense), suits anc 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. execution of this Agreement, the parties acknowledge and agree that each read and understand the provisions hereof and that this section is a ma~erta! element of consideration. Approval of the insurance contracts does not relieve the Contractor or Subcontractors from liability under this paragraph. GOWERNMENTAL REGULATIONS. Tc the extent that this Agreement may be fun~ed fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the term~ of such fiscal assistance program. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provide/ pursuant to this agreement, Contractor shall comply with all applicable S%a%e and Federal Laws and regulations, including, but not limited to, laws and regulations rslating to discrimination and laws requiring injury and illness prevention programs. a:(contracts)~engrlagrsment Exhibit D Page 4 of 4 Julv 1. 1993 JUH-10-1~93 1~:32 MCE CORPCRAT!ON EXHIBIT B ATTACHMENT 1 _ SCHEDULE OFWORK CITY OF DUBLIN PRELIMINARY CITY BUDGET FISCAL YEAR 1993-94 COUNCIL APPROVED JUNE 1, 1993 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. Annua! 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 1993- 94' ESTIMATED ANNUAL EXPENDITURE ACTtV~TY/SU B- ACTIVITY - $ 6,4O0 SPILL CLEAN UP STREET MAINTENANCE Street Repair Drainage Maintenance Storm Patrol/Clean Up Curb &Gutter/Sidewalks · Sign Repair/Maintenance · Sb-iping/Marking · Weed Abatement · Bike Path Maintenance MAINTENANCE SUPERVISION Activity Total $ $ 7,000 13,650 10,100 1,0CO 15,000 4,7CO 8,600 4,750 64,8OO 83,85O STREET TREE MAINTENANCE In-House Tree Maintenance · Contract Tree Pruning Contract Tree Fungus Spraying Stagecoach Assessment D~sblc, DoughertyAssessment District NEIGHBORHOOD WATCH SIGNS · Activity Total $ $ 28,700 5,200 5,250 3,350 7,953 50,450 55O PAGE' STREET LANDSCAPE MAIN] r_,qANCE (BEAUTIFICATION) Existing Streets · Stagecoach Assessment Dist, rict · Dougherty Assessment District Activity Total $ 121,300 31,1oo _ __39,900__ $ ~'-~92,300 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 BUILDING MANAGEMENT HERITAGE CENTER MAINTENANCE Total 1993-94 Estimated Annual Expenditure Activity Total $ 11,550 45,700 28,100 40,200 15,800 22,750 16,900 ~,9,15o 20,8C,0 46,600 18,25O 5O0 416,300 83,~0 8,53~3 S 906,750 B. UNIT PRICES · ' · ~ s completed at the Unit Prices indicated. The The following ac,wlt,e shall be are inclusive of ail labor, materiais, equipment, overhead and management fees. ACT1VITYIS U B-ACTIVITY RIGHT OF WAY MAINTENANCE e ChemicaIWeed 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 o Ail OtherParks I993-94 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 PAGE 2 OF 5 TIME AND MATERIALS RA ~ ,._S 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 ~e most cost effective elements possible to complete a project. Appropriate overhead and management fees are included in the labor and equipment rates listed below. OVERTIME HOLIDAY HOURLY HOURLY HOURLY RATES_ RATES RATES_ DESCRIPTION - LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer I Landscape Laborer II Landscape Laborer III Building Laborer 111 39.9O 41, lc) 27.95 ¢~.~'o 23.65 'Z.~'.~' 35.48 20.00 ~.~,~ 3O.00 16.05 l~'~' 24.08 12.05 l'2-~:) 18.08 59.85 ~l.~,s 79.c0 9z.:z~ 41.93 4,~."~ 55.90 ¢?'~ '~ f~.S-~ 47.30 ~.~i~ 40.¢0 f~r.~ 32.10 l~.~ 24.10 MCE grew 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 1 Laborer 11 Laborer 111 DESCRIPTION 62.50 61.3O 59.10 59.10 50.20 49.35 49.50 48.10 44.65 43.30 43.05 42.90 EQUIP. COST HOURLY RATE _ 93.75 $ 125.00 a' .95 1 22.60 88.65 118.20 88.65 [ 118.20 I 75.30 ~ I00'40 ~.j~ 74.25 99.00 72.15 ~0.20 89.30 66.98 "~/ 88.60 64.95 64.58 86.1.0 64.35 85.80 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 r-,-,G~ 4 OF 5 . . RESOLUTION NO. ~94 A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES WHEREAS, on June 14, 1993, the City Council approved an agreement with MCE Corporation for Public Works Maintenance Services; and WHEREAS, said agreement provided a detailed scope of work and labor rates for Fiscal Year 1993-94; and WHEREAS, on December 13, 1993, the City Council reviewed the scope of work, approved an increase in labor rates, and reinstated or approved increases in specific maintenance activities; NOW, ffiEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with MCE Corporation attached hereto as "Exhibit A," with an effective date of January 1, 1994. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED, AND ADOPTED this 10th day of January, 1994. AYES: NOES: ABSENf: Mayor ATTEST: City Clerk a; (contracts) ) Imaintlresoamnd . ' -;"""~,'" ~t,~'+','" 3 ~;~--:-.. ~'\_ ~7' Iw.-: 1!~ "..; ~~~ ~." ~ r , ~ _, .~ ~ ,..1 h. " ';'\.:, \;',,',; .","J ~ -_..--~ ..- ..,<<-'1 1'-""" .., ,. '.-'" ~S~I "'Re;cU),i\cN ~ ~~ ~ . EXHIBIT "A" OF RESOLUTION . -94 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES WHEREAS, on June 14, 1993, 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, Exhibit "B" of said Agreement provided for a specific schedule of work, including activities and rates to be charged; and WHEREAS, on December 13, 1993, the City Council determined that an increase of rates and adjustment in scope of work is appropriate; NOW, THEREFORE, the parties hereto agree as follows: Section 1. Exhibit B, "Payment Schedule," of the Agreement shall be amended by replacing Attachment 1 in the current Agreement with Attachment 1 of this Amendment, said Attachment 1 being identified as "Council Revised December 13, 1993." Section 2. This Amendment shall be effective as of January 1, 1994. CITY OF DUBLIN MCE CORPORATION Mayor President ATTEST: ATTEST: City Clerk Secretary a; (contracts) Imaintlamndment . . EXHIBIT B ATTACHMENT 1 - SCHEDULE OF WORK CITY OF DUBLIN PRELIMINARY CITY BUDGET FISCAL YEAR 1993-94 COUNCIL REVISED DECEMBER 13, 1993 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 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. ACTIVlTY/SUB- ACTIVITY SPILL CLEAN UP 1993-94 ESTIMATED ANNUAL EXPENDITURE I ,.-P' $ 6,450 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 7,060 13,800 10,230 1,010 15,115 4,715 8,630 4,755 $ 65,315 $ 84,875 MAINTENANCE SUPERVISION STREET TREE MAINTENANCE Activity Total $ $ 35,800 7,910 5,250 3,370 7,980 60,310 . In-House Tree Maintenance . Contract Tree Pruning . Contract Tree Fungus Spraying . Stagecoach Assessment District . Dougherty Assessment District $ NEIGHBORHOOD WATCH SIGNS 575 PAGE 1 OF5 . . STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) . Existing Streets $ 123,890 . Stagecoach Assessment District 31,340 . Dougherty Assessment District 40,225 Activity Total $ 195,455 PARKS MAINTENANCE . Stagecoach Park $ 11,650 . Kolb Park 46,085 . Dolan Park 28,285 . Alamo Creek Park 40,485 . Dougherty Hills 15,915 . Dublin Sports Ground 123,445 . Mape Park 16,985 . Shannon Park 54,530 . Valley Swim Center 20,950 . Civic Center 46,975 . Dublin High School 18,350 . Senior Center 500 Activity Total $ 424,155 BUILDING MANAGEMENT $ 91,350 HERITAGE CENTER MAINTENANCE $ 8,950 Total 1993-':94 Estimated Annual Expenditure $ 937,435 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 . FertilizejWeed 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 Foot~all Field . All Other Parks $ 104.50 per Acre $ 99.00 per Acre $ 93.50 per Acre $ 143.00 per Acre $ 126.50 per Acre $ 110.00 per Acre PAGE20F5 . . .3-94 UNIT PRICE ACTIVITY/SUB-ACTIVITY . Mowing Turf . Streets & Stagecoach Park $ 68.00 per Acre . Valley Swim Center, Civic Center $ 58.50 per Acre and High School Football Field . All Other Parks $ 50.30 per Acre . Edging $ 11.70 per 1,000 L.F. TREE MAINTENANCE Street Trees . Pruning City Median Trees $ 18.70 per Tree . Trim for Clearance Only (Under 30') 20.95 per Tree . Trim for Clearance & Balance 41.90 per Tree (Under 30') . Trim for Clearance Only (Over 30') 38.50 per Tree . Trim for Clerance & Balance 77.00 per Tree (Over 30') . Fungus Spraying 4.83 per Tree Park Trees . Prune and Shape (Over 20') $ 54.40 per Tree . Fungus Spraying 4.83 per Tree PAGE30F5 DUBLATT1 :MCE:C:WK1 :SPS:12/28/93 'c. TIME AND MATERIALS RA-rI . 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 HOUDA Y HOURLY RATES $ 41.10 61.65 $ 82.20 28.80 43.20 57.60 24.35 36.53 48.70 20.60 30.90 41.20 16.55 24.83 33.10 12.40 18.60 24.80 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 EQUIPMENT RATES $ 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 100AO 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 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 . 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 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 OVERHEAD AND MANAGEMENT FEES Applied to Subcontract Work and Material Costs * NOTE: EQUIP. COST HOURLY RATE . $ 1.75 1.75 2.90 2.90 2.90 2.10 10.50 5.85 4.70 8.20 $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 10 percent Dublin Flatbed and Pickup rates include cost of two way radios and hand tools. DUBLATTC:MCE:C:WK1 :SPS:12/28/93 .' PAGE 5 OF 5