HomeMy WebLinkAboutItem 4.11 Amend Resolution Approving Agreement with MCE Corporationor
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DATE:
TO:
STAFF REPORT
CITY COUNCIL
April 19, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -30
FROM: Christopher L. Foss, City Manager "
SUBJECT: Resolution Amending the Resolution Approving an greement with MCE
Corporation
Prepared by Colleen Tribby, Administrative Services Director
EXECUTIVE SUMMARY:
The City Council will consider amending the resolution approving an agreement with MCE
Corporation, Inc. for Maintenance Services, to specify that the not -to- exceed compensation limit
for future fiscal years be determined during the City's budget process without the need for City
Council approval of a contract amendment. This will action will bring the resolution in line with
the language in the existing agreement.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Amending Resolution 118 -12
Approving a Services Agreement with MCE Corporation, Inc., for Maintenance Services.
`Reviewed By
Assistant City Manager
DESCRIPTION:
The City of Dublin has contracted with MCE Corporation for various maintenance services since
1984. On June 19, 2012, the City Council adopted Resolution 118 -12 (Attachment 1) approving
a five -year contract expiring on June 30, 2017. The current agreement (Attachment 3) allows
for two rate adjustments commensurate with the San Francisco Bay Area Consumer Price Index
rate of inflation for Urban Wage Earners, allows for additional costs beyond base services, and
provides a not -to- exceed amount of $3,573,185.61 for base services in FY 2012 -13, the first
year of the new contract. It also specifies that any changes to the not -to- exceed limit will be
addressed through the City's annual budget process, which is the practice the City has been
following.
Page 1 of 2 ITEM NO. 4.11
However, upon review of the City's large contracts for services, Staff noticed that Resolution
118 -12 approving the agreement conflicts with the language in the agreement itself, by calling
for a contract amendment whenever the not -to- exceed limit is changed, including when the labor
rate increases are applied.
The attached resolution amends Resolution 118 -12 (Attachment 2) to match the provisions in
the agreement. The FY 2015 -16 Adopted Budget and Financial Plan, adopted by the City
Council in June 2015, included a budget for MCE services of $4,166,143. The attached
resolution does not change this amount but amends the resolution to match the agreement and
the City's practice. When a new agreement is negotiated with MCE and brought to the City
Council for approval in June 2017, it will be accompanied by the updated resolution.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution 118 -12
2. Resolution Amending Resolution 118 -12 Approving a Services
Agreement with MCE Corporation, Inc., for Maintenance Services
3. Services Agreement Between the City of Dublin and MCE
Corporation, Inc.
Page 2 of 2
RESOLUTION NO. 118 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH MCE CORPORATION, INC.
FOR MAINTENANCE SERVICES
WHEREAS, the current agreement with MCE Corporation, Inc. for Maintenance Services
expired on June 30, 2009, and was extended until June 30, 2012; and
WHEREAS, the City of Dublin has reviewed the scope of work and a new five -year
agreement has been prepared which has been reviewed by both the City of Dublin and MCE
Corporation, Inc.; and
WHEREAS, Sections 2.36.050(A)(8 and 9) of the Dublin Municipal Code allows for
exceptions to the typical public bidding process when the City is procuring services for the
maintenance and repair of buildings, facilities, and public streets; and
WHEREAS, when an exception to the bidding process exceeds twenty thousand dollars
($20,000), the action must be authorized by the City Council; and
WHEREAS, existing labor rates will remain in effect for Fiscal Year 2012 -2013; and
WHEREAS, the proposed agreement allows for future labor rate adjustments in two out
of the five years of the contract term, to be implemented on July 1 of each year in which an
adjustment will be applied, subject to approval by the City Council by way of a contract
amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the procurement of services without a public bidding process and authorize a
new five -year Services Agreement with MCE Corporation, Inc. with an effective date of July 1,
2012.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement, attached hereto as Exhibit A.
vote:
PASSED, APPROVED AND ADOPTED this 19th day of June, 2012, by the following
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTES :
City Clerk
Reso No. 118 -12, Adopted 6- 19 -12, Item 48.5 Page 1 of 1
THIS AGREEMENT.for services is made by between the City of Dublin ("City") and MCE
Corporation, Inc.-( "Contractor") as of July .1, 2012.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the'services described in the Scope of Services attached as Exhibit A at the time and
place and in the m "anner'specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1,1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2017, unless the term of the Agreement is otherwise terminated
or extended, as provided for in Section 8.. The time provided to Contractor to complete the
services required by this Agreement shall not affect the City's right to terminate the
Agreement, as provided for in Section 8,
1.2 Standard of Performance, Contractor shall perform all services required pursuant to this
-Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical area in
which Contractor practices its profession. Contractor shall prepare all worm products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Contractor's profession,
1.3 Time. Contract ar shall devote such time to the performance of services pursuant to this
Agreement as maybe reasonably necessary to meet the standard of performance
provided in Section 1.1" above and to satisfy Contractor's obligations hereunder.
Contractor shall not be responsible for delays beyond Contractor's reasonable.control.
1.4 - Employment and Supervision -of Personnel, Means and Methods of Work.
1,4.1 .Contractor's Obligations. The Contractor agrees, as follows
a. Contractor shall have the responsibility for supervising all of Contractor's
employees performing work under this'Agreement.
b. Contractor shall be solely responsible for determining what personnel are
required to perform the services required. City may, however, request
reassignment of any personnel assigned by Contractor to provide services
pursuant to this Agreement. Contractor shall reasonably consider but is
not required tomake the requested reassignment. ,
C. Contractor shall be soleiy responsible for interviewing, selecting, hiring,
:reviewing, and promoting its employees,
Services Agreement between. July 1, 2012
City of Dublin and NICE Corporation, Inc. Page 1 of-15
:. d:
Contractor shall be solely responsible for performing periodic performance
reviews of its employees performing work under this Agreement.
e..
Contractor shall be. solely responsible for establishing standards of'-
performance for its employees, consistent with the requirements which
must_ be satisfied in order -for- Contractor to satisfactorily perform its
services urider this Agreement.
f.
Contractor shall be solely responsible for the temporary or permanent
reassignment of its employees as Contractor shall deem appropriate; after
reasonably considering any request from City.
g.
Contractor shall be solely responsible for replacing any employees
providing services to City on. behalf of Contractor.
h.
Contractor shall be solely responsible for establishing a policy, if any, for'
the business expense reimbursement of its employees.
L
Contractor shall be, solely responsible for determining the compensation
and benefits of its employees.
J.
Contractor shall in its sole discretion determine what employment benefits
it may provide, to its employees. Contractor acknowledges that its
employees are not entitled to benefits provided under the Public
Employees Retirement System ( "PERS "), as they are not City employees.
k.
Contractor shall be solely responsible for determining the hours of
employment of its employees, but for administrative efficiency shall review
City's general operating hours when Making such determinations.
I.
Contractor shall be solely responsible for setting the holidays and
approving vacation time for its employees, but for administrative efficiency
shall review the City's holiday schedule when making such decisions.
M.
Contractor shall be solely responsible for all matters pertaining to ' the
discipline of its employees.
n.
Contractor shall be solely responsible for providing professional training to
its employees,
o.
To the extent .that .any professional licenses may be required, Contractor
shall be solely responsible for assuring that its employees maintain all
such professional licenses,
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation', Inc. Page 2 of 15.
q. The Contractor, not'the City, shall have the sole right to control the details,
'means and methods of - the services performed by Contractor's
employees.
r. Contractor. shall . be. soiely responsible for determining _which of
Contractor's employees performs any specific services.
S. Contractor.shall be responsible for determining the sequence and order in
which any services are to be performed by Contractor's employees.
L Contractor shall- be solely responsible for providing its employees with
such equipment and facilities as they may require in order to perform the
work under this Agreement.
U. Contractor shall be solely responsible for providing its employees With
such supplies as they-may require in order-to perform the work under this
Agreement.
V. Contractor shall be solely responsible to locate its employees at such .
locations as Contractor deems advisable to effectively- perform its services
to the City.
W. Contractor shall be solely responsible for negotiating and administrating
all. labor relations agreements and personnel rules, and procedures
between Contractor and its employees rendering service's pursuant to this
Agreement.
X.. Contractor shall not at any time identify its employees as employees of the
City, and Contractor shall take all reasonable measures to ensure that its
employees do not identify themselves as employees of the City, including
without limitation, any business cards maintained by Contractor's
employees shall clearly: identify. them as employees of Contractor, and any
uniforms worn by Contractor's employees shall clearly identify them as
employees of MCE performing work for the City.
Y. Contractor shall issue to its employees the appropriate W -2 forms as
required by the Internal Revenue Code.
b. City shall not interfere with , Contractor's , determination of which of
Contractor's personnel are assigned to perform the services required
under this Agreement. City may, however, request reassignment of any
personnel assigned by Contractor to provide services pursuant to this
Agreement. Contractor shall reasonably consider but is not required to
make the requested reassignment.
C. City shall not interfere with Contractor's hiring of personnel.
d. City shall not perform any reviews of Contractor's personnel and shall not
discuss- with Contractor's personnel any matters relating to their
performance, 'except -that the City's Contract Administrator may
communicate to Contractor's representative a request for reassignment of
Contractor employees providing service under this Agreement.
e. City shall not interfere with Contractor's decisions .relative to which of
Contractor's personnel shall be temporarily or permanently reassigned to
work on Contractor's projects for other clients.
f. City shall not interfere with Contractor's decisions to replace any
employees providing services to City on behalf of Contractor.
g. City shall not interfere with Contractor's establishment of policies relating
to business expense reimbursement of Contractor's employees, if any.
h. City shall not interfere with Contractor's determination of the
compensation and benefits of Contractor's employees.
i. Contractor is and at all times has been an independent contractor,
Contractor's personnel are and at all times have been employees of
Contractor and not employees of City and that neither City nor Contractor
is /were obligated by any statute, rules or decisional law to make
contributions to PERS on behalf of one or more of Contractor's
employees. City shall not interfere with Contractor's establishment of
retirement plans or other benefits for Contractor's employees. City shall
make no. representation to Contractor's employees that Contractor's
employees are entitled to membership in PERS or that Contractor's
employees are entitled to any benefits afforded to City's employees under
the Califomia Public Employees'.Retirement System.: .
Services Agreement between
City of Dublin and. MCE Corporation, Inc.
July 1, 2012
Page 4 of 15
j. City shall not interfere with Contractor establishment of working hours for'
Contractor's employees but may inform Contractor of its regular working
hours. .
k. City shall not interfere with Contractor establishment of such holidays as .
will be honored, by its employees, or with Contractor's decision to approve
or disapprove any request from a Contractor's employee for vacation time, .
City may, however, inform Contractor of its holiday schedule.
i. City shall not interfere with disciplinary measures taken by Contractor with
its employees.
M. City -shall not interfere with Contractor's right to control the details, means
and methods of the services performed by Contractor's employees but
may provide Contractor with information regarding relevant standards,
including those contained in the City's Resource Management Plan dated
June 2004.
n. City shall not interfere with Contractor's determinations relating to which of
Contractor's employees are assigned to perform any specific services.
.o• City shall not interfere with Contractor's determinations of the sequence or
order in which any services are performed by Contractor's employees.
P. City shall not interfere with Contractor's determinations of where to locate
Contractor's employees.'
q. City shall not interfere with Contractor's negotiation and administration of
any labor relations agreements and personnel rules and procedures.
r• City shall not at any time identify Contractor's employees as employees of ,
the City.
1.4,3 Communication Regarding Performance of Work. To the extent
administratively feasible, City and Contractor shall make reasonable efforts to limit
communication between the City's Contract Administrator and Contractor's
employees performing services under this Agreement regarding the work to be
performed. The Contract Administrator shall forward calls for service 'and
emergency repairs and questions from the public to Contractor's Maintenance
Superintendent, and Contractor's 'Maintenance Superintendent shall relay that
information to the Contractor employees performing services under this
Agreement.-.Any discussions regarding the overall implementation of the scope of
services. shall be between City's Contract Administrator and . Contractor's
representative. Contractor's.representative shall communicate the implementation
plan _ to and supervise Contractor's Maintenance Superintendent, who, shad
Services Agreement between July 1, 2012
City_Qf Dublin and MCE Corporation, Inc... Page 5 of 15
oversee the performance of work by .Contractor employees. Contractor
employees shall . provide status -updates to Contractor's Maintenance
Superintendent,. who shall communicate.. ' the information to Contractor's
representative who shall discuss progress in implementing the scope of services
With City's Contract Administrator. The foregoing limitations shall not 'apply in
cases of emergency, in which event City and Contractor employees may
communicate as necessary to address the emergency conditions. - Additionally,
City's Contract Administrator and Contractor's Maintenance Superintendent may
communicate directly, when necessary to clarify details of the implementation of
the scope of services.
Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount not to exceed the
sum or sums set forth in Exhibit B for services to be performed and reimbursable costs incurred under this
Agreement. City shall pay Contractor for services. rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below'shall be the only payments from City to
Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for
duplicate services performed by more than one person.
Contractor and City acknowledge and agree that c_ ompensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the,services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor, Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Contractor and its employees, agents, and subcontractors may be'e#igible. City
therefore has no responsibility for such contributions beyond the compensation provided for in this
Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during. the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
■ . Clear numerical identification, with no duplication of numbering;
The beginning and ending dates of the billing period;
■ For each work it in each task, a copy of the applicable time entries or time
sheets shall be submitted showing the name of the person doing the work, the
hours spent by each person, a brief description of the work, and each
reimbursable expense;'
The total number of hours of work performed under the Agreement by Contractor
and each.employee, agent, and subcontractor of Contractor performing services
hereunder;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. - City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
Services Agreement between July 1, 2012
City of Dublin and MCE'Corporation, Inc.. _ Page 6 of 15
2.3
Total Payment. -City shall pay for the services to be rendered by- Contractor pursuant to
this Agreement. Unless specifically set forth in Exhibit B, City shall not pay any additional
sum for.any expense or cost whatsoever incurred by Contractor in rendering services
pursuant to this Agreement. Unless specifically set forth in Exhibit B, City shall make no '.
payment for any extra, further, or additional service pursuant to this Agreement.
2.4 -Hourly Fees. Fees for.work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the Compensation Schedule attached hereto as.Exhibit B.
2.5 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.6 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and.reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.7 Rate Adjustments. Contractor will be entitled to two rate adjustments during the term of ..
this agreement. The first rate adjustment shall take effect on the first anniversary of this,
Agreement (effective July 1, 2013). The second rate adjustment shall take effect on the
second.anniversary of this Agreement (effective July 1, 2014). The amount of said
increases,shail be approved by the City in conjunction with the annual budget process
described in- Exhibit B..If the Contractor chooses to not implement an adjustment effective
July 1 2014, the Contractor may implement an adjustment to take effect on either the third
anniversary of this Agreement (effective July 1, 2015) or the fourth anniversary of -this
Agreement (effective July 1, 2016). The adjustment shall be calculated based on the U.S,
Department of Labor's Consumer Price Index for Urban Wage Earners for the San
Francisco- Oakland Bay Area published for December of each year ( "December Index "). If
the most recent December Index has increased over the December Index for the prior
year, the rate adjustment shall be calculated by multiplying the rates for the current year by
a fraction_ , the numerator of which is the most recent December Index and the denominator
.9f which is the December Index for the preceding year. In no -event shall any rate
adjpstmeht exceed a 4% increase or be less than a I% increase over the prior rates, A
sample calculation is set forth below. The Public Works Director shall calculate the
adjusted rate and shall provide notice to Contractor of such new rates by March of each
year in which the Contractor elects to implement a rate adjustment.
SAMPLE= CALCULATION..(Using I% index increase as an example)
HOURLY. CHARGE RATE $150.001hr
INDEX INCREASE (Assuming 1 %) 150.x .01 =1:50 1.56/hr
$151.501hr
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation,-Inc.. Page 7 of 15
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cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement, City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. .
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Contractor's use while consulting with City employees and reviewing records and
the information in possession of the City. City shall continue to furnish a yard facility from which routine
maintenance may be dispatched. The location, quantity, and time of furnishing those facilities shall be at
the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Contractor, at its own cost. and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Contractor and its agents, representatives, and employees. Contractor shall provide
proof satisfactory to City of'such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be included in the
Contractor's bid, Verification of the required insurance shall be submitted and made part of this Agreement
prior to execution.
4.1 Verification of Coverage. Contractor has furnished and City has approved the insurance . -
-coverages and limits sets forth in the policies described in the certificate of insurance with
endorsements by California Insurance Center dated July 28, 2011. Contractor shall
maintain the same coverages, scope, and limits that are set forth in the certificate of
insurance with endorsements as approved for the duration of this Agreement.
4.2 Notice of Reduction in Coverage. In the event that any coverage approved pursuant to
Paragraph 4,1 is reduced, limited, or materially affected in any other manner, Contractor
shall provide written notice to City at Contractor's earliest possible opportunity and in no
case later than five days after Contractor is notified of the change in coverage.
4.3 Remedies. In addition to any other remedies City may' have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
0 Obtain such insurance and deduct and retain the amount of the premiums for such .
insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder or both stop work and withhold, any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
-Services Agreement between -
City, of Du.blin and MICE Corporation, Inc.
.July 1, 2012
Page 8 of 15
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILMES. Contractor shall
defend, indemnify and -hold harmless City and its officers, officials, employees, agents and volunteers from
any and all liability, loss, damage, claims,:expenses, attorneys' fees and costs caused either directly or
indirectly by -Contractor 's'negligent act or omissions in the performance Services defined by this
Agreement. The Con tractor's indemnity obligations hereunder exists irrespective of whether or not a third
.party claimant specifically identifies Contractor in his claim, and irrespective of whether or not such claimant -
actually joins Contractor as a party to any litigation. The Contractor must respond within 30 days to any
tender the City may make hereunder of its defense and indemnity, unless the time has been extended by
the City. Failure to so respond may subject Contractor to liability for detriment caused to the City by delay,
In addition to the foregoing, and irrespective of whether Contractor acts negligently or not, Contractor shall
defend, indemnify and hold harmless City and its officers, officials, employees, agents and volunteers ' fro ' m
any and all liability, loss, damage, claims, expenses, attorneys' fees and costs relating to' a claim that wit
respect to this Agreement and the provision of services pursuant to this Agreement: (1) City or Contractor
h.as violated the provisions of Labor Code sections 1770 of seq., with respect-to payment of prevailing
wages, maintenance of payroll records, and payment of penalties under Labor Code Section'. 1775, or (2)
that City or Contractor has violated the provisions of Article 4 of Chapter 1 of Part 3 of the Public Contract
Code, relating to contracting by local agencies,
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement. System (PERS) to be eligible for enrollment in PERS as ari employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of'Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
..6.1 Independent Contractor, At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement-, otherwise City shall not have the right to control the means or
methods by which Contractor accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance
to the contrary, Contractor and any of its employees, agents, and subcontractors providing
services under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any and all claims to, any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the-California Public Employees
Retirement System (PERS) as an employee of City and entitlement to any contribution to
be paid by City for employer contributions and/or employee contributions for PERS
benefits.
Services Agreement between .July 1, 2012
City of Dublin and MCE Corporation, Inc..: Page 9 of 15
6.2 Contractor No Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall. have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governin 6 Law. The laws of1he State of California shall govern this Agreement..
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program, provided that Contractor has actual notice of such rules
and regulations..
TA Licenses and Permits. Contractor represents and warrants. to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally. required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its -
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Contractor and any subcontractors shall obtain and maintain during the term of
this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal'Opportunity. Contractor shall not discriminate, on the
basis of a person's race, religion, color, national origin; age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Contractor under this
Agreement. Contractor shall comply with ail applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Contractor thereby.
Contractor shall include the provisions of this Subsection. in any subcontract approved by
the Contract Administrator or this Agreement.
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 10 of 15
Section 8. TERMINATION AND MODIFICATION.
Termination: Either party may cancel-this Agreement upon ninety (90) days' written.
notice.to the other: party.
'In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor o.r the City in connection -with this Agreement.
Notwithstanding the foregoing, City shall not require Contractor to deliver Contractor's
Maintenance Management System and/or associated proprietary software to the City as a
condition of.payment of compensation,
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement up to five additional years beyond that provided for in Subsection I A. Any
such extension shall require a written amendment to this Agreement, as provided for
herein. Contractor understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Contractor with compensation beyond the maximum
amount provided for in this Agreement. During each year of the extension period, the'City
may.at its sole discretion approve a rate adjustment following the methodology set forth in
Subsection 2.7 to become effective on the anniversary date of this Agreement.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assi nment and Subcontracting.. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractors unique personal competence, experience, and. specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor. may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. No portion of the work pertinent to this contract,
except that which is expressly identified in Exhibit C, shall be subcontracted without written
authorization by the Contract Administrator. At the time that.the Contractor Administrator's
written authorization is sought for the subcontracting of work, Contractor shall submit
certificates of insurance demonstrating the insurances coverages* maintained by the
Subcontractor and.limits thereof in order for the City evaluate the'adequacy of the
subcontractor's insurance for the work to be performed. Contractor will be solely
responsible for payment for such subcontract services. No contractual relationship will
exist between any such subcontractors of the Contractor and -the' City.
8.5 Survival. All obligations arising prior to' the termination of this Agreement and all
provisions of.this Agreement allocating liability between City and Contractor shall survive
-the termination of this Agreement. .
Services Agreement between . July 1'2012
City of Dublin and MCE. Corporation, Inc. Page 1 9 of 15
.8.6 Options upon Breach by Contractor, if Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following-
8.6.1 Immediately terminate the Agreement;
8.6.2. Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different Contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6,4 Charge Contractor the difference. between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports,-data, maps; .
models,' charts,-studies, surveys,.. photographs, memoranda, plans, studies, specifications,'
records, files, or any other documents-or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Contractor's Books and Records. Contractor shail maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years after the term of this
Agreement, or for any longer period required by law,
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 20f this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
: request of City or as part of any audit of the City, for a period of three (3) years after the
term of this Agreement...
Services Agreement between July 1, 2012
City of Dublin.and MCE Corporation; Inc, Page .12 of 15 .
Section 10 MISCELLANEOUS PROVISIONS.
10.1 " Attorneys' Pees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to'which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of. California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this'Agree'ment not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the .validity of any other provision of
this Agreement.
10.4 No Im �lied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does.not constitute a waiver of any other breach of that term or any'other term
of this Agreement.
10.5 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits. of City'orwhose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) . .
months, an employee, agebt, appointee, or official of the City. ,If Contractor was an
employee, agent, appointee, or official of the City in the previous twelve months,
Contractor warrants that it did not participate -in any manner in the forming of this
Agreement. Contractor'understands that, .if this Agreement is made in violation of
"Services Agreement between July 1, 2012
City of Dublin and NICE Corp oration, "inc Page 13 of.15
Government Code §1090 ef.seq., the entire Agreement is void and Contractor will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, _and Contractor-will be required to reimburse the.City for any'
sums. paid to the Contractor. Contractor understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be'disqualified from holding public office in the State of California. .
10.8 Solicitation. Contractor agrees not to solicit business at any'meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10,9 Contract Administration. This Agreement shall be administered by Gary Huisingh,
Public Works Director ( "Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10. Prevailing Wage: ' Contractor shall comply with the provisions of Labor Code Section
1770 et seq., with respect to payment of prevailing wages, maintenance of payroll records,
and payment of penalties under Labor Code Section 1775,
10.11 Work for Third-Parties., Contractor shall inform City of private clients within the corporate
boundaries or sphere of influence of the City during the term of this Agreement.
Contractor agrees not to accept other employment which is or may be in conflict with its
duties under this Agreement or which may adversely affect the interests of the City.
1012 Notices.
Any written notice to Contractor shall be sent to:
Any written notice to City shall be sent to:
MCE Corporation
6515 Trinity Court
Dublin, CA 94568
Gary Huisingh
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.13 Integration. This Agreement, including the exhibits described in Section 10. 14,
represents the entire and integrated agreement between City and Contractor and
supersedes all prior negotiations, representations, or agreements, either written or oral.
10.14 Exhibits. The exhibits to this Agreement consist of the following: (a) Exhibit A entitled
"Scope of Work "; (b) Exhibit B entitled "Compensation Schedule;" including Tables I, II,
and III, and (c) Exhibit C entitled "Areas of Work to be Performed by Contractors of MCE
Corporation, Inc."
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page'14 of 15
Caroline Soto, City Clerk
Approved as to f=orm:
John Bakker, City Attorney
Services Agreement between July 1, 2012
City of Du in and MCE Corporation, Inc. Page 15 of 15
SCOPE OF WORK
A. Work. City has retained contractor to arrange for, supervise and manage the performance_
of work described in items 1 through 32 below.
1. Street Repair. (2201.3201.64075) Street repair including pothole patching, crack filling and other
asphalt pavement repairs as requested by the City.
2. Drainage Maintenance. (2201.3201.64076) Storm drainage system maintenance includes
mechanical flushing of storm drains, the annual inspection and cleaning of catch basins, the
cleaning of concrete v- ditches, and the clearing of stream channels of tree limbs and.other
vegetation debris.
3. Storm Patrol. (2201.3201;64077) -The inspection and cleaning of drainage structures such as
catch basin inlets, culverts, gutters; ditches and streams during storms with heavy rain and high
winds. Includes the cleanup and disposal of accumulated debris after a storm,
4. Curb & Gutter /Sidewalk. (2201.3201 .64078) Removal of existing damaged sidewalk and/or curb
and gutter, haul away debris, compact existing base, dowel to remaining sidewalk, and replace
-section with new sidewalk or curb and gutter as requested by City. Includes other concrete repairs,
such as temporary ramping of tripping hazards,
5. Sign Maintenance. (2201.3201.64079) Installation of a complete new sign, including post, where
no sign previously existed as requested by City. Removal of a sign that has lost its legibility or
reflectivity or has been damaged and install a new sign on the existing post as,requested by City.
6. Neighborhood Watch Signs. (1001 .3201.64079) Installation of new neighborhood watch signs
using general funds.
7. Striping and Marking. (2201.3201.64080) The restriping or remarking of existing stripes and
legends on a limited basis, or the painting or repainting of curb, as requested by City. Work under
this activity generally is for quantities of work that generate less than the minimum order of unit
priced work.
B. Guardrail Repair. (2201.3201.64081) Straighten, replace or repair damaged guardrail and posts as
well as paint guardrail.
9. Weed Abatement. (2201.3201.64082) Cutting of weeds and vegetation in unimproved (non -
landscaped) areas, landscaped or natural slope areas, firebreaks and open space areas with
laborers using hand operated brush cutters, discing, or mowers. Includes application of pre- and
I ost- emergent chemicals to control the growth of weed and other vegetation in unimproved areas.
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. — Exhibit A Page 1 of 5
.10_ Bike Path Maintenance.. (2201.3201.64083) All maintenance including cleaning, striping and
marking, surface maintenance,'etc., to maintain a bike path that is not adjacent to vehicle lanes
within the street area and is not maintained as part of the normal surface street area.
11." Spill Clean -Up. (2201.3201,64084) Control and clean -up of any non - hazardous liquid material or
assisting,qualifed personnel /companies in the clean -up of hazardous materials deposited on or
near City Streets which represent a safety hazard to the public. Clean -up from accidents, spilled
materials or assisting other crews performing such functions would.be included.
12. Maintenance Supervision. (1 001.3101:64085) Time spent by a superintendent or an hourly
foreman involved in managing the maintenance operation. such as meeting with City officials,
preparation of annual budgets, administration of personnel, etc.
13. Street Tree Maintenance. (1001.3402.64001) Maintenance of City -owned street median trees
including trimming, pruning, fertilizing, spraying, and removal of trees.
14. Stagecoach A.D. Trees, (2702. 3402.64001) Maintenance of Stagecoach Assessment District
trees including trimming, pruning, fertilizing, spraying, and removal of trees.
15. Dougherty A.D. Trees: (2703.3402.64001) Maintenance of Dougherty Assess ment'District trees
including trimming, pruning, fertilizing, spraying, and removal of trees._
16. Santa Rita A.D. Trees. (2704.3402.64001) Maintenance of Santa Rita.Assessment District trees
including trimming, pruning, fertilizing; spraying, and removal of trees.
17. Street Landscape Maintenance. (1001.3401.64001) Maintenance of street median landscape
areas including turf; bedding plants, shrubs, irrigation systems, and rodent control. Excludes.Street
Tree Maintenance (see item 13 above).
18. Community Promotions, (1001.3401.64089) Assistance in provision of community events such as
parades, holiday events, festivals, etc,
19. Stagecoach A.D. Landscape: (2702.3401 .64001) Maintenance of Stagecoach Assessment
District median landscape areas. Includes mostly the supervision of City direct contractor that
maintains bedding plants and shrubs. MCE Corporation performs irrigation system repairs and
rodent control. Excludes Street Tree Maintenance (see item 14 above).
20. Dou hert A.D, Landscape. (2703,3401.64001) Maintenance of Dougherty Assessment District
median landscape areas. Includes mostly the supervision'of City direct contractor that maintains
turf, bedding plants and shrubs. MCE Corporation performs irrigation system repairs an d rodent
control. Excludes Street Tree Maintenance (see item 15 above).
21. Santa Rita A.D. Landscape. (2704.3401.64001) Maintenance of Santa Rita Assessment District.,
median landscape areas including turf, bedding plants, shrubs, irrigation systems,' and rodent
control. Excludes Street Tree Maintenance (see Section 16 above).
Services Agreement between . July 1, 2012
City of Dublin and MCE Corporation, Inca — Exhibit A Page 2 of 5
22. Park Maintenance. (1001.7501,64001) Maintenance of park landscape areas including turf, -
bedding plants, trees, shrubs, irrigation systems, hardscapes, and rodent control. Includes Dublin
Cemetery but excludes the grounds at the three fire stations.
23. Building Maintenance. (100001.4000:4001) Maintenance of various City -owned buildings and
facilities including in -house and specialty contractor work. This includes Preventive Maintenance
Inspections and repairs.
24. Shannon Center Building. (770101.4000.4002) Maintenance of the Shannon Center building
including in-house and specialty contractor work. This includes Preventive Maintenance
inspections and repairs.
25. Swim Center Building, (770105.4000.4002) Maintenance of the Swim Center building including in-
house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
26. Senior Center Building. (770104.4000.4002) Maintenance of the Senior. Center building including
in -house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs,
27. Dublin Librar , (1001.7301.64005) Maintenance of the Dublin Library building including in -house
and specialty contractor work. This includes Preventive Maintenance Inspections and repairs,
28. Heritage Center. (1001.7601,64005) Maintenance of the Heritage Center buiiding including in-
house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
29, Emerald Glen. Activity Center (773105.4000,4002] Maintenance of the Emerald Glen Activity
Center building including in -house and specialty contractor work. This includes Preventive
Maintenance Inspections and repairs.
30, Fire Station Buildings. (200001.4000.4002, 200002.4000.4002 and 200003.4000,4002) . -
Maintenance of the three fire station buildings including in -house and speciaity contractor work.
This includes Preventive Maintenance Inspections and repairs,
31. Fire Station Grounds, (200001.4000.4014, 200002.4000.4014 and 200003.4000.4014)
Maintenance of three fire station landscape areas including turf, bedding plants, trees, shrubs,
irrigation systems, hardscapes, and rodent control.
32. Additional Work. (Funding account vanes,) All work not within one of the items.listed above that is
performed at the request of the Public Works Director and for which the requester is providing the
funding and accounting code.
Services Agreement between July 1, 2012
City of Dublin and. MCE Corporation, Inc. — Exhibit A Page 3 of 5
Contractor specifically agrees to (a) undertake direct responsibility for the performance of the
work in accordance with this Agreement; (b) provide directly, or through subcontractors, or as otherwise
permitted by this Agreement all labor,:materials, and supervision necessary for proper performance of the .
work in accordance with this Agreement; (c) furnish a Maintenance Superintendent to provide the
necessary liaison with the City Staff and the required coordination of workmen and Materials in the
performance of the work; (d) comply with all laws, ordinances, rules, regulations, and requirements of
governmental authorities, pertaining to the performance of the work; (e) perform the work, contract for its
performance and supervise its performance in a good and workmanlike manner and in the most '
expeditious, cost effective manner consistent with standard of performance set forth in Section 1.2 of the'
Agreement; and (f) perform all activities necessary and incidental to the orderly performance of the work.
B. Scheduled and Additional Work. All of the work described in items 1 through 31 above
is considered Scheduled Work. Item 32 is considered Additional Work. Contractor shall perform no work in
addition to Scheduled Work, unless: (a) it is Additional Work that is approved in advance by the Public -
Works Director; or (b) an emergency situation exists necessitating that the Contractor or Subcontractor
perform certain work to alleviate a dangerous condition or situation. An emergency situation is one which
occurs under circumstances making it either impossible or impractical to obtain City approval before
proceeding with the work. In such cases, Contractor will proceed with the work only to the extent
necessary to relieve said danger and shall specifically inform the Public Works Director of all Emergency
Work accomplished,
C. Maintenance Supervision. The Contractor shall furnish a Maintenance Superintendent. to
assume full responsibility for day -to -day maintenance operations, ensuring that resources required to
successfully complete the project are applied in a timely manner. In addition to providing the necessary
liaison with the City, the Maintenance Superintendent is responsible for (a) making recommendations to
the Public Works Director of work that should be performed but which is not set forth in the Schedule of
Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e)
responding to citizen calls; (f) assisting in contract administration; (g) maintaining activity reports; and (h)
generally administering public works maintenance functions.
D. Work Scheduling Procedures. To the extent possible, it is the intent of this Agreement
that the Work be performed on a scheduled, orderly basis. Prior to commencement of work, Contractor
shall prepare a schedule for the Public Works Director's review showing projected work to be performed
throughout the fiscal year, including information such as frequency of weeding, watering, and other parks
maintenance and other, similar projected.schedules of the work to be performed.
Contractor will prepare monthly work schedules and review them with the Public Works Director.
These schedules will represent specific work needs identified as the result of the Contractor's
.recommendations and requests from the Public Works Director or his/her designee, Emphasis will be
placed on identifying needs to ensure proper timing of work (for example, ditches should be scheduled for
cleaning before winter. rains). The Contractor will comply with reasonable requests of the Public Works
Director as to preferred locations for various types of work.
Contractor will use a service request form to ensure thatcomplete information. is obtained on work
needs.and requests for service.
Services Agreement between July 1, 2012 .
City of Dublin and MICE Corporation, Inc. - Exhibit A Page 4 of 5
E. Work Reporting Procedures. Contractor shall submit a* Monthly Work Summary Report
to the Public Works Director on or before the 15th day of the.month - summarizing work completed in the
previous month. These reports shall include a listing of woik activities and work units completed;- including
any Additional Work or Emergency Work performed; status of current and completed service requests;'and
comparisons of annual work quantities and expenditures planned versus actual.
F, Additional Contractor Responsibilities. Contractor's employees will be alert for
observable maintenance deficiencies in public facilities as they travel within the City's boundaries in the
course of their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work.
They-will report observed maintenance deficiencies to the appropriate Contractor or City representative, or
other appropriate agency.
& 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, dashers, and other necessary facilities for the protection of.the public within-the limits of the
maintenance area while maintenance activities are proceeding.
H. Materials. Contractor will endeavor to secure materials from the lowest cost source
reasonably available.
Services Agreement between July 1, 2092
City of Dublin and.MCE Corporation, Inc. --- Exhibit A Page 5 of 5
.EXHIBIT B
COMPENSATION SCHEDULE
City shall pay Contractor an amount not to exceed Three Million Five Hundred Seventy -Three
Thousand One Hundred Eighty -Five Dollars and 61 cents ($3,573,185.61) for Scheduled Work to be
performed during the 2012 -2013 fiscal year pursuant to this Agreement. The actual amount paid to the
Contractor shall be based on the work performed and shall be calculated either, as the case may be for the .
particular piece of work, on hourly basis for labor and equipment as set forth in Table 11 of this Exhibit B or
on at a per -unit price as set forth in Table 11 of this Exhibit B. The 'not -to- exceed amount set forth above
and the estimated costs for each task set out in Table I of this'Exhibit B are based in part on the Staffing
Allocations set forth in Table 111 of this Exhibit B. The not -to- exceed compensation limit for future fiscal
years shall be determined during the City's budget process, and this Exhibit shall be amended accordingly.
Services Agreement between
City'of Dublin and MCE Corporation, Inc, -- Exhibit B
July 1, 2012
Page 1 of 1
TABLE I OF EXHIBIT B•
PROPOSED BUDGETS
AS OF FEBRUARY 16, 2012
Page I of 2
APPROVED
PROPOSED
ACTUAL
ACTUAL
BUDGET
ESTIMATED
BUDGET
ITEM
ACTIVITY
2009 -2010
2010-2011
2011 -2012
2011 -2012
2012 -2013
1
STREET REPAIR
$
27,733
$
26,126
$
65,436
$
66,026
$
77,265
22{}1.3201.64075
2
DRAINAGE MAINT.
$
18,264
$
33,106
$
21,681
$
22,859
$
25,381
2201.3201.64076
3
STORM PATROL
$
24,012
$
46,929
$
26,530
$
9,564
$
26,530
2201.3201.64077
4
CURB & GUTTER 1
$
6,213
$
3,194
$
8,800
$
8,800
$
8,800
SIDEWALK
2201.3201.64078
5
SIGN MAINT.-
$
62;556
$
56,918.
$
70,323
$
70,481
$
70,323
2201.3201.64079
6
NEIGHBORHOOD WATCH SIGN $
420
$
387
$
704
$
401
$
704
1001.3201.64079
7
STRIPING & MARKING
$
8,437
$
15,544
$
12,180
$
14,745
$
12,181
2201.3201.64080
8
GUARDRAIL REPAIR
$
-
$
-
$
227
$
227
$
2201.3201.64081
9
WEED ABATEMENT
$
55,616
$
65,172
$
78,625
$
69,819
$
78,624
2201.3201.64082
10
BIKE PATH MAINT.
$
38,892
$
34,463
$
35,604
$
34,835
$
35,604
2201.3201.64083
11
SPILL CLEANUP
$
10,420
$
12,258
$
13,787
$
13,809
$
13,788
2201.3201.64084
12
MAINTENANCE
$
135,781
$
132,497_
$
137,370
$
139,011
$
137,370
SUPERVISION
1001.3101-64C85
13
STREET TREE MAINT.
$
89,805
$
81,686
$
120,019
$
107,340
$
124,834
1001.3402.64001
14
STAGECOACH A. D. TREES
$
430
$
1,727
$
2,244
$
1,296
$
2,244
2702.3402 -64001
15
DOUGHERTY A. D. TREES
$
530
$
13,388
$
14,904
$
9,723
$
14,904
2703.3402.64001
16
SANTA RITA A.D. TREES
$
13,583
$
4,307
$
22,737
$
15,389.
$
22,738
2704.3402.64001
17
STREET LANDSCAPE MAINT.
$
433,138
$
456,706
$
504,567
$
512,235
$
540,339
1001.3401 .6400.1
18
COMMUNITY PROMOTION /'.
$
143,699
$
113,675
$
87,693
$
88,044
$.
135,054
EVENTS
1001.3401.64089 .
19-
STAGECOACH A. D.
$
15,465
$
15,070
$
18,693
$
14,056
$
18,693
LANDSCAPE
27023401.64001
Page I of 2
ITEM ACTIVITY
20
DOUGHERTY A. D.
$
9,893
$
14,758
$
LANDSCAPE
$
•167,671
$
30,705
$
2703.3401.64001
$
30,705
$ .
10,002.:
21
SANTA RITA A.D.
$
136,686
$
145,444
$
LANDSCAPE
$
23,798
$
58,869.
$
2704.3401.64001
$
:
$
23,302
22
PARK MAINTENANCE
$ 1,177,436
$ 1,090,595
$ '
1001.7501.64001
$
4,195
$
4,262
23
BUILDING MANAGEMENT
$
183,333
$
183,077
160001.4000.4001 .
200001.40000.4014 - 16
$
2,081
24
SHANNON CENTER BUILDING
$
19,356
$
29,142
$
770101.40004002
200002.40000.4014 - 17
$
5,768
$
25
SWIM CENTER BUILDING
$
.3,866
$
7,139
6,798
770105.4000.4002
$
4,957
$
6,873
26
SENIOR CENTER BUILDING
$
26,282
S.
7,189
TOTAL MCE
770104.4000.4002
27 .
DUBLIN LIBRARY
$
59,356
: $
72,668
$ 2,769,238
1001.7301.64005
$ 2,734,551•
$ 3,219,889
28
HERITAGE CENTER
$
6,884
$
12,967
1001,7601;64005
29
EMERALD GLEN ACT. CENTER
$
2,097
$
2,705
-
773105.4000,4002
2011 -2012 2011 -2012 2012-2013
$ 16,906 $ 16,752 $ 16,907
$ 169,159 $ 143,115 $ 169,159
$1,396,215
$
1,386,684
$1,639,669
$
172,094
$
172,094
$
•167,671
$
30,705
$
27,560-
$
30,705
$ .
10,002.:
$
7,053
$
10,020
$
23,769
$
18,765
$
23,798
$
58,869.
$
61,703
$
72,319
$
23,302
$
'21,407
$ '
23,122
$ '
3,564
$
4,195
$
4,262
30 FIRE STATION BUILDINGS
200001.40000.4002 - 16
$
16,567
$
12,222
$
19,156
$
18,849
$
16,154
200002.40000.4002 - 17
$
16,420.
$
13,556
$
15,894
$
16,239
$
15,894
200003.40000.4002 - 18
$
13,262.
$
12,652
$
19,254
$
21,609
$
19,254
31 FIRE STATION GROUNDS
200001.40000.4014 - 16
$
2,081
$
2,881
$
3,615
$
3,389
$
3,615
200002.40000.4014 - 17
$
5,768
$
7,530
$
6,798
$
5,883
$
6,798
200003.40000.4014 - 18
$
4,957
$
6,873
5
8,463
$
8,065
$ ,
8,463
TOTAL MCE
CONTRACT COST=
$ 2,769,238
$ 2,734,551•
$ 3,219,889
$
3,132,022
$ 3,573,186
Page 2 of 2-
TABLE If OF EXHIBIT B
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS OF FEBRUARY 16, 2012
Page 1 of 2
2012-2013
2011 -2012
PROPOSED
PERCENT
RATES
RATES
CHANGE
-CHANGE
DUBLIN CREW LABOR RATES '
MAINTENANCE SUPERINTENDENT
$
62.80
/HR
$
62.80
/HR
$
0.0%
MAINTENANCE SUPERVISOR
$
55.30
IHR
$
55.30
/HR
$ -
0.0%
LANDSCAPE FOREPERSON
$
48.05
IHR -
$
48.05
IHR
$ -
.0.0%
LANDSCAPE LABORER I
$
40.40
IHR
$
40.40
IHR
$ -
0.0%
LANDSCAPE LABORER it
$
34.40
IHR
$
34.40
IHR
$ -
0.0%
LANDSCAPE LABORER III
$
27.50
IHR
$
27.50
IHR
$ -
0.0%
TRAFFIC CONTROL FLAGGING
$
63.20
IHR
$
63.20
/HR
$ -
0.0%
SIGN MAINTENANCE
$
59.30
IHR
$
59.30
/HR
$ -
0.0%
PAINTER BRUSH
$
76.00
IHR
$
76.00
/HR
$ -
0.0%
PAINTER STRIPER
$
6100
/HR
$
63.00
IHR
$ -
0.0%
CARPENTER
$
84.40
/HR,
$
84.40
/HR
$ -
0.0%
CONSTRUCTION LABORER
$
64.30.
IHR
$
64.30
/HR
$ -
0.0%
DUBLIN CREW EQUIPMENT RATES
PICKUP RANGERISUPERCAB
$
8.45
/HR
$
8:45
IHR
$
0.0%
F150 PICKUP'
S
9.65
IHR
$
9.65
/HR
$ -
0.0%
F250 PICKUP/UTILITY BED
$
.1025
IHR
$
10.25
/HR
$ -
0.0%
F350 & F450 FLATBLD
$
11.50
IHR
$
11-.50
/HR
$ -
0.0%
CHAIN SAW
$
6.60
IHR
$
6.60
IHR
$ -
0.0%
BRUSH CUTTER
$
5.80
IHR
$
5.80
IHR
$ -
0.0%
POWER BLOWER
$
2.40
IHR
$
2.40
IHR
$ -
0.0%
POWER HEDGE TRIMMER
$
4.00
IHR
$
4.00
IHR
$ -
0.0%
TRAILER SMALL (8)
$
2.95
IHR
S.
2.95
IHR
$ -
0.0%
POWER WASHER
$
14.25
IHR
$
14.25
IHR
$ -
0.0%
ELECTRIC WELDER
$
7.90
/HR
$
7.90
IHR
$ -
0.0%
PORTABLE GENERATOR
$
6.30
IHR
$
-6.30
IHR
$
0.0%
-WATER TRAILER
$
11.10
IHR
$
11.10
IHR
$ -
0.0%
UTILITY CART
$
4.40
IHR
$
4.40
IHR
$
0.0%
HAND HELD MEDIAN SCRUBBER
$
5.90
/HR
$
5.90
/HR
$ -
0.00/0
MCE CREW LABOR RATES
SUPERINTENDENT
$
96.25
/HR
$
96.25
IHR
$ -
0.0%
LOADER /BACKHOE OPERATOR
$
95.35
/HR
$
95.45
IHR
$
0.0%
ASPHALT PAVER OPERATOR
$
95.45
/HR
$
95.45
IHR
$ -
0.0%
ASPHALT PAVER SCREED MAN
$
92.60
/HR
$
92.60
IHR
$ -
0.0%
ROLLER OPERATOR
$
92.60
/HR
$
92.60
/HR
$ -
0.0%
TRUCK DRIVER 8 -12 C.Y_
$
77.00
IHR
$
77.00
/HR
$ -
0.0%
TRUCK DRIVER 4- 6'C.Y.
$
78.20
/HR
$
78.20
/HR.
$ -
0.0%
TRUCK DRIVER 3 C.Y. TRANSIT-
$
77.00
/HR
$
77.00
IHR
$ -
0.0%
CEMENT FINISHER
71.75
IHR
$
71.75
/HR
$
0.0%
LABORER FOREMAN
$
69.10
IHR
$
69.10
IHR
$ -
0.0%
RAKER
$
67.60
/HR
$
67.60
IHR
$ -
0.0%
LABORER I
$
67.25
. /NR
$
67.25
IHR
$ -
0.0%
LABORER 2 -
$
67.10
/HR
$
67.10
IHR
$ -
0.0%
Page 1 of 2
YI{UNUbtV KA I t5 ANU UNI I C:US I b
AS OF FEBRUARY 16, 2012.
2012-2013
.2011 -2012. PROPOSED PERCENT
RATES RATES CHANGE CHANGE
MCE CREW EQUIPMENT RATES
GILCREST ASPHALT PAVER
$137.15
IHR
$137:15.
IHR
BLAW KNOX ASPHALT PAVER
$'
85.70
IHR
$ 85.70
IHR
BACKHOE
$
54.25
IHR
$ 54.25
.IHR
LOADER
$
50.60
/HR
$ 50.60
IHR
ROLLER- VIBRATORY 5 -8 TON
$
46.60
IHR
-$ 46.60
IHR
ROLLER- VIBRATORY 3 -5 TON
$
46.60
IHR
$ 46.60
IHR
DUMP TRUCK 8 -12 C.Y.
$
52.50
IHR
$ 52.50
/HR
DUMP TRUCK 4 -6 C.Y.
$
48.40
IHR
$'48.40
IHR
TRANSIT TRUCK 3 C.Y.
$
48.40
IHR
$ 48.40
IHR
SAW TRUCK
$
40.30
IHR
$ 40.30
IHR
PICKUP
$
15.70
IHR
$ 15.70
IHR
CONCRETE SAW -SELF PROP.
$
40.00
IHR
$ .40.00
/HR
CONCRETE SAW-SMALL
$
' 7.65
IHR
$ 7.65
IHR
AIR COMPRESSOR
$
.22- 60'IHR
$ 22.60
IHR
BftUMALPOT
$
21.15
IHR
$ 21.15
IHR
VI BRA PLATE
$
11.85
IHR
$ 11.85
IHR
WACKER
$
11.85
/HR
$ 11.85
1HR
POWER BERM MACHINE
$
22.60
IHR
$ 22:60
IHR
ARROW BOARD
$
17.00
IHR
$ 17.00
IHR
PAINT STRIPING MACHINE
$
17.00
IHR
$ 17.00
IHR
UNIT PRICES
IAC
CHEMICAL WEED CONTROL R.O.W.
$149.50 /AC
FUNGUS SPRAYING -TREES.
$ 6.65 EA
(50 TREE MINIMUM)
0.0%
FERTILIZE ONLY TURF
IAC
o STREETS, STAGECOACH PARK,
$207.57 /AC
FIRE STATIONS, SENIOR CENTER AND
/AC
LIBRARY GROUNDS
0.0%
o ALL OTHER PARKS AND
$196.65 IAC
TASSAJARA CREEK TRAIL
0.0%
AERATION TURF
.o STREETS, STAGECOACH PARK,
$196.65 IAC
FIRE STATIONS, SENIOR CENTER AND
LIBRARY GROUNDS
o ALL OTHER PARKS AND TASSAJARA
$120.17 IAC
CREEK TRAIL
MOW -TURF
o STREETS, STAGECOACH PARK,
$ 80.50 IAC
FIRE. STATIONS, SENIOR CENTER AND
LIBRARY GROUNDS
o ALL OTHER PARKS AND TASSAJARA
$ 51.75 /AC
CREEK TRAIL
EDGING TURF. .
$149.50 /AC $ -
$ 6.65. EA $ -
$207.57 JAC $
0.0%
.0.0%
0.0%
0.0%
0.0%
0.0%
0,0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0,0%.
0,0%
0.0 %.
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
$196.65
IAC
$ -
0,0%
$196.65
IAC
$ -
0.0%
$120.17
IAC
$ -
0.0%
$ 80.50
/AC
$ -
0.0%
$ 51.75
IAC
$ " -
0.0%
o ALL TURF AREAS $ 11.50 IMLF $ 11.50 IMLF $ - 0,0%
CONTRACT BEDDING (ALL AREAS) $ 270.25 MO /AC $270:25. MOIAC $ 0.0%
Page 2 of 2
TABLE 111 OF EXHIBIT B
CITY OF DUBLIN
STAFFING ALLOCATIONS
AS OF MAY 2012
PROPOSED
BUDGET
AREA 1 POSITION
2012-2013
PUBLIC WORKS ADMIN,
SUPERINTENDENT
1.00
SUPERVISOR
0.00
BUILDING MANAGEMENT
LLF
0.6E
LL1.
0.82
LL2
0.00 .
LL3
0.00
1.45
STREET MAINTENANCE
LLF
0.15
LL1
0.41
LL2
0.45
LL3
.1.10
1.81
STREET TREE
LLF
0.07
LL1
0.20
LL2
0.11
LL3
0.32
0.70
STREET LANDSCAPE. MAINT.
LLF
0.82
LL1
2.49
LL2
2.07
LL3
2.05
7.43
PARK MAINTENANCE
LLF
0.94
LL1
3.83
LL2
2.14
LL3
2.03
9.32
LIBRARY BLDG.
LLF
0.26
LL1
0.16
LL2
0.00
LL3
0.00
0.42
SENIOR CENTER
LLF,
0.05
LL1
0.05
LL2
0.05
LL3
0.00
0.15
Page 1 of 2
Page 2 of 2
PROPOSED
BUDGET
AREA 1 POSITION
2012 -2093
HERITAGE CENTER
LLF
0.03
LL1
0.11
LL2.
0 -07
LL3
0.00
0.21
CEMETERY (.38 to park maint)
LLF
0.00
LL1
0.00
LL2
0 "00
LL3
0.00
0.00
FIRE STATION BLDG. MAINT.
LLF
0.03
LL1
0.12
LL2
0.06
LL3
0.00
0.29
FIRE STATION LANDSCAPE
LLF
0 01
L L1
0.03
LL2
0.00-
LL3
0.13
'0.17
ADDITIONAL WORK
LLF
0.00
L.9
0.00
LL2
0.00 ,
LL3
0.00
0.00
MCE GRAND TOTAL
Supt.
1.00
LLF
3.02
LL1
8.22
LL2
4.65
LL3
5.63
22.90
Staff calculations based on the assumption that
each hourly empl
1,950 hours of regular and overtime per year.
Page 2 of 2
EXHIBIT C
AREA OF WORK TO BE PERFORMED BY CONTRACTORS OF MCE CORPORATION, INC.:
Street Repair. (2201.3201,64075)
Drainage Maintenance. (2201.3201.64076)
Curb & Gutter /Sidewalk. (2201.3201.64078)
Guardrail Repair. (2201,3201.64081)
Weed Abatement. (2201.3201.64082)
Spill Clean -Up. (2201.3201.64084)
Street Tree Maintenance. - (1001:3402.64001)
Stagecoach A.D. Trees. (2702.3402.64001)
Dougherty A.D. Trees. (2703.3402,64001)
Santa Rita A.D. Trees. (2704.3402.64001)
Street Landscape Maintenance, (1001.3401.64001)
Stagecoach_ A.D. Landscape. (2702.3401.64001)
Dougherty A.D. Landscape. (2703,.3401.64001)
Santa Rita A.D. Landscape. (2704.3401.64001)
Park Maintenance. (1001.7501.64001)
Building-Maintenance. (100001,4000.4001)
Shannon Center Building. (770101.4000.4002)
Swim Center Building. (770105.4000.4002)
Senior Center Building. (770104.4000.4002)
Dublin Library. (1001.7301,64005)
Heritage Center. (1001.7601.64005)
Emerald Glen'Activit Center (773105.4000.4002)
Fire Station Buildings. (200001.4000.4002, 200002.4000,4002 and 200003.4000.4002)
Fire Station Grounds. (200001.4000.4014, 200002,4000.4014 and 200003.4000.4014)
Additional Work. (Funding account varies,)
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. -- Exhibit C Page 1 of 1
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AMENDING RESOLUTION NO. 118 -12 APPROVING
A SERVICES AGREEMENT WITH
MCE CORPORATION, INC. FOR MAINTENANCE SERVICES
WHEREAS, on June 19 2012, the City Council adopted Resolution 118 -12 approving a
new five -year agreement of the Maintenance Services Agreement with MCE Corporation, Inc.
(Agreement); and
WHEREAS, the existing Agreement allows for two labor rate adjustments during the five -
year period; and
WHEREAS, Exhibit B to the Agreement states that the not -to- exceed compensation limit
for future years shall be determined during the City's budget process; and
WHEREAS, as permitted by the Agreement, the City Council, on June 2, 2015, as part
of its FY 2015 -16 budget process, incorporated a budget for maintenance services (base and
additional services), provided by MCE Corporation, Inc.; and
WHEREAS, Resolution 118 -12 states that the future labor rate adjustments are to be
implemented on July 1 of each year "subject to approval by the City Council by way of a contract
amendment "; and
WHEREAS, the language of the Agreement does not require that future labor rate
adjustments be approved by formal contract amendment; and
WHEREAS, the City desires to amend Resolution 118 -12 to clarify the process by which
rate adjustments are to take place during the current Agreement term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby amend Resolution 118 -12 Approving Agreement with MCE Corporation, Inc. for
Maintenance Services to specify that the not -to- exceed compensation limit for future fiscal years
be determined during the City's budget process without the need for City Council approval of a
contract amendment.
BE IT FURTHER RESOLVED that all other provisions of Resolution 118 -12 shall remain
in full force and effect.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2016, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN:
ATTEST:
City Clerk
2616985.2
Mayor
SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MCE CORPORATION, INC.
THIS AGREEMENT for services is made by and between the City of Dublin ( "City ") and MCE
Corporation, Inc. ( "Contractor") as of July 1, 2012.
Section 1. SERVICES, Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Services attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2017, unless the term of the Agreement is otherwise terminated
or extended, as provided for in Section 8. The time provided to Contractor to complete the
services required by this Agreement shall not affect the City's right to terminate the
Agreement,'as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this .
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical area in
which -Contractor practices its profession. Contractor shall prepare all work.products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Contractor's profession.
1.3 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Contractor's obligations hereunder.
Contractor shall not be responsible for delays beyond Contractor's reasonable control.
1.4 Employment and Supervision of Personnel Means and Methods of Work.
1.4.1 Contractor's Obligations. The Contractor agrees, as follows;
a. Contractor shall have the responsibility for supervising all of Contractor's
employees performing work under this Agreement.
Contractor shall be solely responsible for determining what personnel are
required to perform the services required. City may, however, request
reassignment of any personnel assigned by Contractor to provide services
pursuant to this Agreement. Contractor shall reasonably, consider but is
not required to make the requested reassignment.
C, Contractor shall be solely responsible for interviewing, selecting, hiring,
reviewing, and promoting its employees.
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 1 of 15
d. Contractor shall be solely responsible for performing periodic performance
reviews of its employees performing work under this Agreement.
e. Contractor shall be solely responsible for establishing standards of
performance for its employeeS, consistent with the requirements which
must be satisfied in order for Contractor to satisfactorily perform its
services under this Agreement.
f. Contractor shall be solely responsible for the temporary or permanent
reassignment of its employees as Contractor shall deem appropriate, after
reasonably considering any request from City.
g. Contractor shall be solely responsible for replacing any employees
providing services to City on behalf of Contractor.
h. Contractor shall be solely responsible for establishing a policy, if any, for
the business expense reimbursement of its employees,
Contractor shall be solely responsible for determining the compensation
and benefits of its employees.
j. Contractor shall in its sole discretion* determine what employment benefits
it may provide to its employees. Contractor acknowledges that its
employees are not entitled to benefits provided under the Public
Employees Retirement System ( "PERS "), as they are not City employees,
k. Contractor shall be solely responsible for determining the hours of
employment of its employees, but for administrative efficiency shall review
City's general operating hours when making such determinations.
Contractor shall be solely responsible for setting the holidays and
approving vacation time for its employees, but for administrative efficiency
shall review the City's holiday schedule when making such decisions.
M. Contractor shall be solely responsible for all matters pertaining to the
discipline of its employees.
n. Contractor shall be solely responsible for providing professional training to
its employees.
o. To the extent that any professional licenses may be required, Contractor
shall be solely responsible for assuring that its employees maintain all
such professional licenses.
Services Agreement between July 1, 2012
City of Dublin and NICE Corporation, Inc. Page 2 of 15
p. The Contractor shall make all appropriate withholdings from each of its
employee's compensation as may be required by Federal, State and local
law.
q. The Contractor, not the City, shall have the sole right to control the details,
means and methods of the services performed by Contractor's
employees.
Contractor shall be solely responsible for determining which of
Contractor's employees performs any specific services.
S. Contractor shall be responsible for determining the sequence and order in
which any services are to be performed by Contractor's employees.
t. Contractor shall be solely responsible for providing its employees with
such equipment and facilities as they may require in order to perform the
work under this Agreement.
U. Contractor shall be solely responsible for providing Lits employees with
such supplies as they may require in order to perform the work under this
Agreement,
V. Contractor shall be solely responsible to locate its employees at such
locations as Contractor deems advisable to effectively perform its services
to the City.
W. Contractor shall be solely responsible for negotiating and administrating
all labor relations agreements and, personnel rules and procedures
between Contractor and its employees rendering services pursuant to this
Agreement.
X. Contractor shall not at any time identify its employees as employees of the
City, and Contractor shall take all reasonable measures to ensure that its
employees do not identify themselves as employees of the City, including
without limitation, any business cards .maintained by Contractor's
employees shall clearly identify them as employees of Contractor, and any
uniforms worn by Contractor's employees shall clearly identify them as
employees of MCE performing work for the City.
Y. Contractor shall issue to its employees the appropriate W -2 forms as
required by the Internal Revenue Code.
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 3 of 15
1.4.2 City's Obligations. City agrees, as follows:
a, City shall not interfere with Contractor's supervision of Contractor's
employees.
b, City shall not interfere with Contractors determination of which of
Contractor's personnel are assigned to perform the services required
under this Agreement. City may, however, request reassignment of any
personnel assigned by Contractor to provide services pursuant to this
Agreement. Contractor shall reasonably consider but is not required to
make the requested reassignment.
c.' City shall not interfere with Contractor's hiring of personnel.
d. City shall not perform any reviews of Contractor's personnel and shall not
discuss with Contractor's personnel any matters relating to their
performance, except that . the City's Contract Administrator may
communicate to Contractors representative a request for reassignment of
Contractor employees providing service under this Agreement.
e. City shall not interfere with Contractor's decisions relative to which of
Contractor's personnel shall be temporarily or permanently reassigned to
work on Contractor's projects for other clients.
City shall not interfere with Contractor's decisions to replace any
employees providing services to City on behalf of Contractor.
g. City shall not interfere with Contractor's establishment of policies relating
to business expense reimbursement of Contractor's employees, if any.
h. City shall not interfere with Contractor's determination of the
compensation and benefits of Contractor's employees.
Contractor is and at all times has been an independent contractor,
Contractor's personnel are and at all times have been employees of
Contractor and not employees of City and that neither City nor Contractor
is /were obligated by any statute, rules or decisional law to make
contributions to PERS on behalf of one or more of Contractor's
employees. City shall not interfere with Contractor's establishment of
retirement plans or other benefits for Contractor's employees. City shall
make no representation to Contractor's employees that Contractor's
employees are entitled to membership in PERS or that Contractor's
employees are entitled to any benefits afforded to City's employees under
the California Public Employees' Retirement System,
Services Agreement between July 1, 2012
City of Dublin and NICE Corporation, Inc. Page 4 of 15
City shall not interfere with Contractor establishment of working hours for
Contractor's employees but may inform Contractor of its regular working
hours.
City shall not interfere with Contractor establishment of such holidays as
will be honored by its employees, or with Contractor's decision to approve
or disapprove any request from a Contractor's employee for vacation time.
City may, however, inform Contractor of its holiday schedule,
City shall not interfere with disciplinary measures taken by Contractor with
its employees.
M. City shall not interfere with Contractor's right to control the details, means
and methods of the services performed by Contractor's employees but
may provide Contractor with information regarding relevant standards,
including those contained in the City's Resource Management Plan dated
June 2004.
n. City shall not interfere with Contractor's determinations relating to which of
Contractor's employees are assigned to perform any specific services.
o. -City shall not interfere with Contractors determinations of the sequence or - --
order in which any services are performed by Contractor's employees.
P. City shall not interfere with Contractor's determinations of where to locate
Contractor's employees.
q. City shall not interfere with Contractor's negotiation and administration of
any labor relations agreements and personnel rules and procedures.
City shall not at any time identify Contractor's employees as employees of
the City.
1.4.3 Communication Regarding Performance of Work. To the extent
administratively feasible, City and Contractor shall make reasonable efforts to limit
communication between the City's Contract Administrator and Contractor's
employees performing services under this Agreement regarding the work to be
performed. The Contract Administrator shall forward calls for service and
emergency repairs and questions from the public to Contractor's Maintenance
Superintendent, and Contractor's Maintenance Superintendent shall relay that
information to the Contractor employees performing services under this
Agreement. Any discussions regarding the overall implementation of the scope of
services shall be between City's Contract Administrator and Contractor's
representative. Contractor's representative shall communicate the implementation
plan to and supervise Contractor's Maintenance Superintendent, who shall
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, inc. Page 5 of 15
oversee the performance of work by Contractor employees. Contractor
employees shall provide status updates to Contractor's Maintenance
Superintendent, who shall communicate the information to Contractor's
representative who shall discuss progress in implementing the scope of services
with City's Contract Administrator. The foregoing limitations shall not apply in
cases of emergency, in which event City and Contracto? employees may
communicate as necessary to address the emergency conditions. Additionally,
City's Contract Administrator and Contractor's Maintenance Superintendent may
communicate directly, when necessary to clarify details of the implementation of
the scope of services,
Section 2. COMPENSATION, City hereby agrees to pay Contractor an amount not to exceed the
sum or sums set forth in Exhibit B for services to be performed and reimbursable costs incurred under this
Agreement. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below shall be the only payments from City to
Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in-
the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for
duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors-of Contractor. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees; agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond the compensation provided for in this
Agreement.
2.1 Invoices, Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
■ Clear numerical identification, with no duplication of numbering;
■ The beginning and ending dates of the billing period;
■ For each work item in each task, a copy of the applicable time entries or time
sheets shall be submitted showing the name of the person doing the work, the
hours spent by each person, a brief description of the work, and each
reimbursable expense;
■ The total number of hours of work performed under the Agreement by Contractor
and each employee, agent, and subcontractor of Contractor performing services
hereunder;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 6 of 15
23 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement, Unless specifically set forth in Exhibit B, City shall not pay any additional
sum for any expense or cost whatsoever incurred by Contractor in rendering services
pursuant to this Agreement. Unless specifically set forth in Exhibit B, City shall make no
payment for any extra, further, or additional service pursuant to this Agreement.
2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the Compensation Schedule attached hereto as Exhibit B.
2.5 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.6 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.7 Rate Adjustments. Contractor will be entitled to two rate adjustments during-the term of
this agreement. The first rate adjustment shall take effect on the first anniversary of this
Agreement (effective July 1, 2013). The second rate adjustment shall take effect on the
-second anniversary of this Agreement (effective July 1, 2014). The amount of said
increases shall be approved by the City in conjunction with the annual budget process
described in Exhibit B. If the Contractor chooses to not implement an adjustment effective
July 1, 2014, the Contractor may implement an adjustment to take effect on either the third
anniversary of this Agreement (effective July 1, 2015) or the fourth anniversary of this
Agreement (effective July 1, 2016). The adjustment shall be calculated based on the U.S.
Department of Labor's Consumer Price Index for Urban Wage Earners for the San
Francisco - Oakland Bay Area published for December of each year ( "December Index "), If
the most recent December Index has increased over the December Index for the prior
year, the rate adjustment shall be calculated by multiplying the rates for the current year by
a fraction, the numerator of which is the most recent December Index and the denominator
of which is the December Index for the preceding year. In no event shall any rate
adjustment exceed a 4% increase or be less than a I% increase over the prior rates. A
sample calculation is set forth below. The Public Works Director shall calculate the
adjusted rate and shall provide notice to Contractor of such new rates by March of each
year in which the Contractor elects to implement a rate adjustment.
SAMPLE CALCULATION, (Using 1 % index increase as an example)
HOURLY CHARGE RATE $150.00 /hr
INDEX INCREASE (Assuming 1 %) 150 x.01 =1.50 1.50/hr
$151.501hr
Services Agreement between.— July 1, 2012
City of Dublin and MCE Corpoation, Inc. Page 7 of 15
Section 3. , FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Contractor's use while consulting with City employees and reviewing records and
the information in possession of the City. City shall continue to furnish a yard facility from which routine
maintenance may be dispatched. The location, quantity, and time of furnishing those facilities shall be at
the sole discretion of City. In no event shall -City be obligated to furnish any facility that may involve
incurring any direct expense, including but hot limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Contractor and its agents, representatives, and employees. Contractor shall provide
proof satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be included in the
Contractor's bid. Verification of the required insurance shall be submitted and made part of this Agreement
prior to execution.
4.1 Verification of Coverage. Contractor has furnished and City has approved the insurance
coverages and limits sets forth in the policies described in the certificate of insurance with
endorsements by California Insurance Center dated July 28, 2011. Contractor shall
maintain the same coverages, scope, and limits that are set forth in the certificate of
insurance with endorsements as approved for the duration of this Agreement.
4.2 Notice of Reduction in Coverage. In the event that any coverage approved pursuant to
Paragraph 4,1 is reduced, limited, or materially affected in any other manner, Contractor
shall provide written notice to City at Contractor's earliest possible opportunity and in no
case later than five days after Contractor is notified of the change in coverage.
4.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 8 of 15
■ Terminate this Agreement. '
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
defend, indemnify and hold harmless City and.its officers, officials, employees, agents and volunteers from
any and all liability, loss, damage, claims, expenses, attorneys' fees and costs caused either directly or
indirectly by Contractor's negligent act or omissions in the performance Services defined by this
Agreement. The Contractor's indemnity obligations hereunder exists irrespective of whether or not a third
party claimant specifically identifies Contractor in his claim; and irrespective of whether or not such claimant
actually joins Contractor as a party to any litigation. The Contractor must respond within 30 days to any
tender the City may make hereunder of its defense and indemnity, unless the time has been extended by
the City. Failure to so respond may subject Contractor to liability for detriment caused to the City by delay.
In addition to the foregoing, and irrespective of whether Contractor acts negligently or not, Contractor shall
defend, indemnify and hold harmless City and its officers, officials, employees, agents and volunteers from
any and all liability, loss, damage, claims, expenses, attorneys' fees and costs relating to a claim that with
respect to this Agreement and the provision of services pursuant to this Agreement- (1) City or Contractor
has violated the provisions of Labor Code sections 1770 et seq., with respect to payment of prevailing
wages, maintenance of payroll records, and payment of penalties under Labor Code Section 1775, or (2)
that City or Contractor has violated the provisions of Article 4 of Chapter 1 of Part 3 of the Public Contract
Code, relating to contracting by local agencies.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement; otherwise City shall not have the right to control the means or
methods by which Contractor accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance
to the contrary, Contractor and any of its employees, agents, and subcontractors providing
services under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any'and all claims to, any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (PERS) as an employee of City and entitlement to any contribution to
be paid by City for employer contributions and/or employee contributions for PERS
benefits,
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City of Dublin and NICE Corporation, Inc. Page 9 of 15
6.2 Contractor No Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations, To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with. all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program, provided that Contractor has actual notice of such rules
and regulations.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have al licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions, In addition to the
foregoing, Contractor and any subcontractors shall obtain and maintain during the term of
this Agreement valid Business Licenses from City,
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Contractor under this
Agreement. Contractor shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
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City of Dublin and MCE Corporation, Inc. Page 10 of 15
Section 8. ' TERMINATION AND MODIFICATION.
8.1 Termination. Either party may cancel this Agreement upon ninety (90) days' written
notice to the other party. .
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
Notwithstanding the foregoing, City shall not require Contractor to deliver Contractor's
Maintenance Management System and/or associated proprietary software to the City as a
condition of payment of compensation,
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement up to five additional years beyond that provided for in Subsection 1.1. Any
such extension shall require a written amendment to this Agreement, as provided for
herein. Contractor understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Contractor with compensation beyond the maximum
amount provided for in this Agreement. During each year of the extension period, the City
may at its sole_ discretion approve a rate adjustment following the.methodology set forth in
Subsection 2,7 to become effective on-the anniversary date of this Agreement.
U Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. No portion of the work pertinent to this contract,
except that which is expressly identified in Exhibit C, shall be subcontracted without written
authorization by the Contract Administrator. At the time that the Contractor Administrator's
written authorization is sought for the subcontracting of work, Contractor shall submit
certificates of insurance demonstrating the insurances coverages maintained by the
Subcontractor and limits thereof in order for the City evaluate the adequacy of the
subcontractor's insurance for the work to be performed. Contractor will be solely
responsible for payment for such subcontract services. No contractual relationship will
exist between any such subcontractors of the Contractor and the City.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
Services Agreement between July 1, 2012
City of Dublin and NICE Corporation; Inc. Page 11 of 15
8.6 Options upon Breach by Contractor. If.Contractor materially breaches any of the terms
of this Agreement, City's remedies shall includE!, but not be limited to, the following:
8.61 Immediately terminate the Agreement-,
8.6.2 Retain the plans, specifications, drawings, reports,- design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different Contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. it is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years after the term of this
Agreement, or for any longer period required by law.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and /or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after the
term of this Agreement.
Services Agreement between July 1, 2012
City of Dublin and VICE Corporation, Inc. Page 12 of 15
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a' party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District,of California,
103 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10,4 No Implied Waiver of Breach. The waiver of any breach of a specific,provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict: of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City, If Contractor was an
employee, agent, appointee, or official of the City in the previous twelve months,
Contractor warrants that it did not participate in any manner in the forming of this
Agreement. Contractor understands that, if this Agreement is made in violation of
Services Agreement between July 1, 2012
City of Dublin and NICE Corporation, Inc. Page 13 of 15
Government Code §1090 ef,seq,,.the entire Agreement is void and Contractor will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Contractor will be required to reimburse the City for any
sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it
May be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shell be administered by Gary Huisingh,
Public Works Director ( "Contract Administrator "'). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10 Prevailing Wage. Contractor shall comply with the provisions of Labor Code Section
1770 et seq., with respect to payment of prevailing wages, maintenance of payroll records,
and payment of penalties under Labor Code Section 1775.
10.11 , Work for Third - Parties. Contractor shall inform City of private clients within the corporate
boundaries or sphere of influence of the City during the term of this Agreement.
Contractor agrees not to accept other employment which is or may be in conflict with its
-duties under this Agreement or which may adversely affect the interests of the City.
10.12 Notices.
Any written notice to Contractor shall be sent to:
Any written notice to City shall be sent to:
]VICE Corporation
6515 Trinity Court
Dublin, CA 94568
Gary Huisingh
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.13 Integration. This Agreement, including the exhibits described in Section 10,14,
represents the entire and integrated agreement between City and Contractor and
supersedes all prior negotiations, representations, or agreements, either written or oral.
10.14 Exhibits. The exhibits to this Agreement consist of the following: (a) Exhibit A entitled
"Scope of Work "; (b) Exhibit B entitled "Compensation Schedule;" including Tables I, II,
and ill, and (c) Exhibit C entitled "Areas of Work to be Performed by Contractors of MCE
Corporation, Inc,"
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 14 of 15
10. Bike Path Maintenance. (2201.3201.64083) All maintenance including cleaning, striping and
marking, surface maintenance, etc., to maintain a bike path that is not adjacent to vehicle lanes
within the street area and is not maintained as part of the normal surface street area.
11. Spill Clean-Up, (2201.3201.64084) Control and clean -up of any non - hazardous liquid material or
assisting qualified person nellcompanies in the clean -up of hazardous materials deposited on or
near City Streets which represent a safety hazard to the public. Clean -up from accidents, spilled
materials or assisting other crews performing such functions would be included.
12, Maintenance Supervision, (1001.3101.64085) Time spent by a superintendent or an hourly
foreman involved in managing the maintenance operation such as meeting with City officials,
preparation of annual budgets, administration of personnel, etc. -
13. Street Tree Maintenance. (1001.3402.64001) Maintenance of City -owned street median trees
including trimming, pruning, fertilizing, spraying, and removal of trees.
14. Stagecoach A.D. Trees. (2702.3402.64001) Maintenance of Stagecoach Assessment District
trees including trimming, pruning, fertilizing, spraying, and removal of trees.
15. Dougherty A.D. Trees. (2703.3402.64001) Maintenance of Dougherty Assessment District trees
including trimming, pruning, fertilizing, spraying, and removal of trees.
16. Santa Rita A.D. Trees. (2704.3402.64001) Maintenance of Santa Rita Assessment District trees
including trimming, pruning, fertilizing, spraying, and removal of trees.
17, Street Landscape Maintenance. (1001,3401.64001) Maintenance of street median landscape
areas including turf, bedding plants, shrubs, irrigation systems, and rodent control. Excludes Street
Tree Maintenance (see item 13 above).
18. Community Promotions. (1001.3401.64089) Assistance in provision of community events such as
parades, holiday events, festivals, etc.
19. Stagecoach A.D. Landscape. (2702.3401.64001) Maintenance of Stagecoach Assessment
District median landscape areas. Includes mostly the supervision of City direct contractor that
maintains bedding plants and shrubs. MCE Corporation performs irrigation system repairs and
rodent control. Excludes Street Tree Maintenance (see item 14 above).
20, Dougherty A.D. Landscape. (2703.3401,64001) Maintenance of Dougherty Assessment District
median landscape areas. Includes mostly the supervision of City direct contractor that maintains
turf, bedding plants and shrubs. MCE Corporation performs irrigation system repairs and rodent
control. Excludes Street Tree Maintenance (see item 15 above).
21'. Santa Rita A.D. Landscape. (2704.3401.64001) Maintenance of Santa Rita Assessment District
median landscape areas including turf, bedding plants, shrubs, irrigation systems, and rodent
control. Excludes Street Tree Maintenance (see Section 16 above).
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. — Exhibit A Page 2 of 5
22. Park Maintenance. (1001.7501.64001) Maintenance of park landscape areas including turf,
bedding plants, trees, shrubs, irrigation systems, hardscapes, and rodent control. Includes Dublin
Cemetery but excludes the grounds at the three fire stations.
23. Building Maintenance. (100001.4000.4001) Maintenance of various City -owned buildings and
facilities including in -house and specialty contractor work. This includes Preventive Maintenance
Inspections and repairs.
24. Shannon Center Building. (770101.4000.4002) Maintenance of the Shannon Center building
including in -house and specialty contractor work. This includes Preventive Maintenance
Inspections and repairs.
25. Swim Center Building. (770105.4000.4002) Maintenance of the Swim Center building including in-
house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
26. Senior Center Building. (770104.4000.4002) Maintenance of the Senior Center building including
in -house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
27. Dublin Library. (1001.7301.64005) Maintenance of the Dublin Library building including in -house
and specialty contractor work. This includes Preventive Maintenance Inspections and repairs.
28. Heritage Center. (1001.7601.64005) Maintenance of the Heritage Center building including in-
house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
29. Emerald Glen Activity Center (773105.4000.4002) Maintenance of the Emerald Glen Activity
Center building including in -house and specialty contractor work. This includes Preventive
Maintenance Inspections and repairs.
30. Fire Station Buildings. (200001.4000.40021 200002.4000.4002 and 200003.4000.4002) - -
Maintenance of the three fire station buildings including in -house and specialty contractor work.
This includes Preventive Maintenance Inspections and repairs.
31. Fire Station Grounds. (200001.4000.4014, 200002.4000.4014 and 200003.4000.4014)
Maintenance of three fire station landscape areas including turf, bedding plants, trees, shrubs,
irrigation systems, hardscapes, and rodent control.
32. Additional Work. (Funding account varies.) All work not within one of the items listed above that is
performed at the request of the Public Works Director and for which the requester is providing the
funding and accounting code.
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. — Exhibit A Page 3 of 5
Contractor specifically agrees to: (a) undertake direct responsibility for the performance of the _
work in accordance with this Agreement; (b) provide directly, or through subcontractors, or as otherwise
permitted by this Agreement all labor, materials, and supervision necessary for proper performance of the
work in accordance with this Agreement; (c) furnish a Maintenance Superintendent to provide the
necessary liaison with the City Staff and the required coordination of workmen and materials in the
performance of the work; (d) comply with all laws, ordinances, rules, regulations, and requirements of
governmental authorities, pertaining to the performance of the work; (e) perform the work, contract for its
performance and supervise its performance in a good and workmanlike manner and in the most
expeditious, cost effective manner consistent with standard of performance set forth in Section 1.2 of the
Agreement; and (f) perform all activities necessary and incidental to the orderly performance of the work,
B. Scheduled and Additional Work. All of the work described in items 1 through 31 above
is considered Scheduled Work. Item 32 is considered Additional Work. Contractor shall perform no work in
addition to Scheduled Work, unless: (a) it is Additional Work that is approved in advance by the Public
Works Director; or (b) an emergency situation exists necessitating that the Contractor or Subcontractor
perform certain work to alleviate a dangerous condition or situation. An emergency situation is one which
occurs under circumstances making it either impossible or impractical to obtain City approval before
proceeding with the work. In such cases, Contractor will,proceed with the work only to the extent
necessary to relieve said danger and shall specifically inform the Public Works Director of all Emergency
Work accomplished.
C. Maintenance Supervision., The Contractor shall furnish a Maintenance Superintendent to y
assume full responsibility for day -to -day maintenance operations, ensuring that resources required to
successfully complete the project are applied in a timely manner. In addition to providing the necessary
liaison with the City, the Maintenance Superintendent is responsible for: (a) making recommendations to
the Public Works Director of work that should be performed but which is not set forth in the Schedule of
Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e)
responding to citizen calls; (f) assisting in contract administration; (g) maintaining activity reports; and (h)
generally administering public works maintenance functions.
D. Work Scheduling Procedures, To the extent possible, it is the intent of this Agreement
that the Work be performed on a scheduled, orderly basis. Prior to commencement of work, Contractor
shall prepare a schedule for the Public Works Director's review showing projected work to be performed
throughout the fiscal year, including information such as frequency of weeding, watering, and other parks
maintenance and other similar projected schedules of the work to be performed.
Contractor will prepare monthly work schedules and review them with the Public Works Director,
These schedules will represent specific work needs identified as the result of the Contractor's
recommendations and requests from the Public Works Director or his/her designee, Emphasis will be
placed on identifying needs to ensure proper timing of work (for example, ditches should be scheduled for
cleaning before winter rains). The Contractor will comply with reasonable requests of the Pub_ lic Works
Director as to preferred locations for various-types of work.
Contractor will use a service request form to ensure that complete information is obtained on work
needs and requests for service,
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc.— Exhibit A Page 4 of 5
E. Work Reporting Procedures. Contractor shall submit a Monthly Work Summary Report
to the Public Works Director on or before the 15th day of the month summarizing work completed in the
previous month. These reports shall include a listing of work activities and work units completed, including
any Additional Work or Emergency Work performed; status of current and completed service requests; and
comparisons of annual work quantities and expenditures planned versus,actual,
E. Additional Contractor Responsibilities. Contractor's employees will be alert for
observable maintenance deficiencies in public facilities as they travel within the City's boundaries in the
course of their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work.
They will report observed maintenance deficiencies to the appropriate Contractor or City representative, or
other appropriate agency.
G. Protection of Work and Public. Contractor shall take all necessary measures to protect
the work and prevent accidents during any and all phases of work. Contractor shall provide and maintain
all necessary barriers, flagmen, and/or signs during maintenance procedures.
Contractor will provide at no additional cost all the advance signing and barricading and also signs,
barricades, flashers, and other necessary facilities for the protection of the public within the limits of the
maintenance area while maintenance activities are proceeding,
H. Materials. Contractor will endeavor to secure materials from the lowest cost source
reasonably available.
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. -- Exhibit A Page 5 of 5
EXHIBIT B
COMPENSATION SCHEDULE
City shall pay Contractor an amount not to exceed Three Million Five Hundred Seventy -Three
Thousand One Hundred Eighty -Five Dollars and 61 cents ($3,573,185.61) for Scheduled Work to be
performed during the 2092 -2013 fiscal year pursuant to this Agreement. The actual amount paid to the
Contractor shall be based on the work performed and shall be calculated either, as the case .may be for the
particular piece of work, on hourly basis for labor and equipment as set forth in Table 11 of this Exhibit B or
on at a per -unit price as set forth in Table I I of this Exhibit B. The not -to- exceed amount set forth above
and the estimated costs for each task set out in Table I of this Exhibit B are based in part on the Staffing
Allocations set forth in Table III of this Exhibit B. The not -to- exceed compensation limit for future fiscal
years shall be determined during the City's budget process, and this Exhibit shall be amended accordingly.
Services Agreement between July 1, 2012
City of Dublin and NICE Corporation, Inc. — Exhibit B Pag21 of 1
CITY OF DUBLIN
Jon er
car is Q keJr' L- toss
Atte
Caroline Soto, City Clerk
Approved as to Form:
Jo . Bakker, City Attorney
MCE CORPORATION,* INC.
Stanley P. Smalley, President
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. Page 15 of 15
EXHIBIT A
SCOPE OF WORK
A. Work. City has retained contractor to arrange for, supervise and manage the performance,
of work described in items 1 through 32 below.
1. Street Repair. (2201.3201.64075) Street repair including pothole patching, crack filling and other
asphalt pavement repairs as requested by the City. -
2. Drainage Maintenance. (2201.3201.6407) Storm drainage system maintenance includes
mechanical flushing of storm drains, the annual inspection and cleaning of catch basins, the
cleaning of concrete v- ditches, and the clearing of stream channels of tree limbs and other
vegetation debris. •
3. Storm Patrol. (2201.3201.64077) The inspection and cleaning of drainage structures such as
catch basin inlets, culverts, gutters, ditches and streams during storms with heavy rain and high
winds. Includes the cleanup and disposal of accumulated debris after a storm.
4. Curb & Gutter /Sidewalk. (2201.3201.64078) Removal of existing damaged sidewalk and/or curb
and gutter, haul away debris, compact existing base, dowel to remaining sidewalk, and replace
section with new sidewalk or curb and gutter as requested by City. Includes other concrete repairs,
such as temporary ramping of tripping hazards.
5. Sign Maintenance. (2201.3201.64079) Installation of a complete new sign, including post, where
no sign previously existed as requested by City. Removal of a sign that has lost its legibility or
reflectivity or has been damaged and install a new sign on the existing post as requested by City.
Neighborhood Watch Signs. (1001.3201.64079) Installation of new neighborhood watch signs
using general funds.
7. Striping and Marking. (2201.3201.64080) The restriping or remarking of existing stripes and
legends on a limited basis, or the painting or repainting of curb, as requested by City. Work under
this activity generally is for quantities of work that generate less than the minimum order of unit
priced work.
8. Guardrail Repair. (2201.3201.64081) Straighten, replace or repair damaged guardrail and posts as
well as paint guardrail.
Weed Abatement. (2201.3201.64082) Cutting of weeds and vegetation in unimproved (non -
landscaped) areas, landscaped or natural slope areas, firebreaks and open space areas with
laborers using hand operated brush cutters, discing, or mowers. Includes application of pre- and
post- emergent chemicals to control the growth of weed and other vegetation in unimproved areas.
Services Agreement between . July 1, 2012
City of Dublin and MCE Corporation, Inc. — Exhibit A Page 1 of 5
ITEM ACTIVITY
TABLE I OF EXHIBIT B
PROPOSED BUDGETS
AS OF FEBRUARY 16, 2012
APPROVED PROPOSED
ACTUAL ACTUAL BUDGET ESTIMATED BUDGET
2009 -2010 2010-2011 2011 -2012 2011 -2012 2012-2013
1
STREET REPAIR
$
27,733
$
26,126
$
65,436
$
66,026
$
77,265
2201.3201.64075
2
DRAINAGE MAINT.
$
18,264
$
33,106
$
21,681
$
22,859
$
25,381
2201 .3201.64076
3
STORM PATROL
$
24,012
$
46,929
$
26,530
$
9,564
$
26,530
2201.3201.64077
4
CURB & GUTTER 1
$
6,213
$
3,194
$
8,800
$
8,800
$
8,800
SIDEWALK
2201,3201 .64078
5
SIGN MAINT.
$
62,556
$
56,918
$
70,323
$
70,481
$
70,323
2201.3201.64079
6
NEIGHBORHOOD WATCH SIGN $
420
$
387
$
704
$
401
$
704
1001.3201.64079
7
STRIPING & MARKING
$
8,437
$
15,544
$
12,180
$
14,745
$
12,181
2201.3201.64080
8
GUARDRAIL REPAIR
$
-
$
-
$
227
$
227
$
-
2201.3201.64081
9
WEED ABATEMENT
$
55,616
$
65,172
$
78,625
$
69,819
$
78,624
2201.3201.64082
10
BIKE PATH MAINT.
$
38,892
$
34,463
$
35,604
$
34,835
$
35,604
2201.3201.64083
11
SPILL CLEANUP
$
10,420
$
12,258
$
13,787
$
13,809
$
13,788
2201.3201.64084
12
MAINTENANCE
$
135,781
$
132,497
$
137,370
$
139,011
$
137,370
SUPERVISION
1001.3101.64085
13
STREET TREE MAINT,
$
89,805
$
81,686
$
120,019
$
107,340
$
124,834
1001.3402.64001
14
STAGECOACH A. D. TREES
$
430
$
1,727
$
2,244
$
1,296
$
2,244
2702.3402.64001
15
DOUGHERTY A. D. TREES
$
530
$
13,388
$
14,904
$
9,723
$
14,904
2703.3402.64001
16
SANTA RITA A.D. TREES
$
13,583
$
4,307
$
22,737
$
15,389
$
22,738
2704.3402.64001
17
STREET LANDSCAPE MAINT.
$
433,138
$
456,706
$
504,567
$
512,235
$
540,339
1001.3401.64001
18
COMMUNITY PROMOTION/
$
143,699
$
113,675
$
87,693
$
88,044
$
135,054
EVENTS
1001.3401.64089
19
STAGECOACH A. D.
$
15,455
$
15,070
$
18,693
$
14,056
$
18,693
LANDSCAPE
2702.3401.64001
Page l'of 2
Page 2 of 2
TABLE I OF EXHIBIT B
PROPOSED BUDGETS
AS OF FEBRUARY
16,
2012
APPROVED
PROPOSED
ACTUAL
ACTUAL
BUDGET
ESTIMATED
BUDGET
ITEM
ACTIVITY
2009 -2010
2010-2011
2011 -2012
2011 -2012
2012-2013
20
DOUGHERTY A. D.
$
9,893
$
14,758
$
16,906
$
16,752
$
16,907
LANDSCAPE
2703.3401.64001
21
SANTA RITA A.D. -
$
136,686
$
145,444
$
169,159
$
143,115
$
169,159
• LANDSCAPE
2704.3401.64001
22
PARK MAINTENANCE
$
1,177,436
$
1,090,595
$1,396,215
$
1,386,684
$1,639,669
1001.7501.64001
23
BUILDING MANAGEMENT
$
183,333
$
183,077
$
172,094
$
172,094
$
167,671
100001.4000.4001
24
SHANNON CENTER BUILDING
$
19,356
$
29,142
$
30,705
$
27,560
$
30,705
770101.4000.4002
25
SWIM CENTER BUILDING
$
3,866
$
7,139
$
10,002
$
7,053
$
10,020
770105.4000.4002
26
SENIOR CENTER BUILDING
$
26,282
$
7,189
$
23,769
$
18,765
$
23,798
770104.4000.4002
27
DUBLIN LIBRARY
$
59,356
$
72,668
$
58,869
$
61,703
$
72,319
1001.7301.64005
28
HERITAGE CENTER
$
6,884
$
12,967
$
23,302
$
21,407
$
23,122
1001.7601.64005
29
EMERALD GLEN ACT. CENTER
$
2,097
$
2,705
$
3,564
$
4,195
$
4,262
773105.4000.4002
30
FIRE STATION BUILDINGS
200001.40000.4002 - 16
$
16,567
$
12,222
$
19,156
$
-18,849
$
16,154
200002.40000.4002 - 17 -
$
16,420
$
13,556
$
15,894
$
16,239
$
15,894
200003.40000.4002 - 18
$
13,262
$
12,652
$
19,254
$
21,609
$
19,254
31
FIRE STATION GROUNDS
200001.40000.4014-16
$
2,081
$
2,881
$
3,615
$
3,389
$
3,615
200002.40000.4014 - 17
$
5,768
$
7,530
$
6,798
$
- 5,883
$
6,798
200003.40000.4014 - 18
$
4,957
$
6,873
$
8,463
$
8,065
$
8,463
TOTAL MCE
CONTRACT COST =
$
2,769,238
$
2,734,551
$ 3,219,889
$
3,132,022
$ 3,573,186
Page 2 of 2
DUBLIN CREW EQUIPMENT RATES
PICKUP RANGER /SUPERCAB
TABLE 11 OF EXHIBIT B
8.45
/HR
$
8.45
/HR
$ -
CITY OF DUBLIN
Fl 50 PICKUP
$
9.65
/HR
$
PROPOSED RATES AND UNIT
COSTS
$ -
0.0%
F250 PICKUP /UTILITY BED
$
AS OF FEBRUARY 16, 2012
/HR
$
1025
/HR
$
0.0%
F350 & F450 FLATBED
2012-2013
11.50
/HR
$
11.50
2011 -2012
PROPOSED
0.0%
PERCENT
$
RATES
/HR
RATES
CHANGE
CHANGE
DUBLIN CREW LABOR RATES
0.0%
BRUSH CUTTER
$
5.80
/HR
$
MAINTENANCE SUPERINTENDENT
$ 62.80 /HR
$
62.80
/HR
$ -
0.0%
MAINTENANCE SUPERVISOR
$ 55.30 /HR
$
55 "30
/HR
$ -
0.0%
LANDSCAPE FOREPERSON
$ 48.05 /HR
$
48.05
/HR
$ -
0.0%
LANDSCAPE LABORER I
$ 40.40 /HR
$
40.40
/HR
$ -
0.0%
LANDSCAPE LABORER 11
$ 34.40 IHR
$
34.40
/HR
$ -
0.0%
LANDSCAPE LABORER III
$ 27.50 /HR
$
27.50
/HR
$
0.0%
TRAFFIC CONTROL FLAGGING
$ 63.20 /HR
$
63.20
/HR
$ -
0.0%
SIGN MAINTENANCE
$ 59.30 /HR
$
59.30
/HR
$ -
0.0%
PAINTER BRUSH
$ 76.00 /HR
$
76.00
/HR
$ -
0.0%
PAINTER STRIPER
$ 63.00 /HR
$
63.00
/HR
$ -
0.0%
CARPENTER
$ 84.40 /HR
$
84.40
/HR
$ -
0.0%
CONSTRUCTION LABORER
$ 64.30 IHR
$
64.30
/HR
$ -
-0.0%
DUBLIN CREW EQUIPMENT RATES
PICKUP RANGER /SUPERCAB
$
8.45
/HR
$
8.45
/HR
$ -
0.0%
Fl 50 PICKUP
$
9.65
/HR
$
9.65
/HR
$ -
0.0%
F250 PICKUP /UTILITY BED
$
10.25
/HR
$
1025
/HR
$
0.0%
F350 & F450 FLATBED
$
11.50
/HR
$
11.50
/HR
$ -
0.0%
CHAIN SAW
$
6.60
/HR
$
6.60
/HR
$ -
0.0%
BRUSH CUTTER
$
5.80
/HR
$
5.80
/HR
$ -
0.0%
POWER BLOWER
$
2.40
/HR
$
2.40
/HR
$
0.0%
POWER HEDGE TRIMMER
$
4.00
/HR
$
4.00
/HR
$ -
0.0%
TRAILER SMALL (8')
$
2.95
/HR
$
2.95
/HR
$ -
0.0%
POWER WASHER
$
14.25
/HR
$
14.25
/HR
$ -
0.0%
ELECTRIC WELDER
$
7.90
IHR
$
7.90
/HR
$ -
0.0%
PORTABLE GENERATOR
$
6.30
/HR
$
6.30
IHR
$ -
0.0%
WATER TRAILER
$
11.10
/HR
$
11.10
/HR
$ -
0.0%
UTILITY CART
$
4.40
/HR
$
4.40
/HR
$ -
0.0%
HAND HELD MEDIAN SCRUBBER
$
5.90
/HR
$
5.90
/HR
$ -
0.0%
MCE CREW LABOR RATES
SUPERINTENDENT
$
96.25
/HR
$
96.25
/HR
$ -
0.0%
LOADER /BACKHOE OPERATOR
$
95 "45
IHR
$
95.45
/HR
$ -
0.0%
ASPHALT PAVER OPERATOR
$
95.45
/HR
$
95.45
/HR
$
0.0%
ASPHALT PAVER SCREED MAN
$
92.60
/HR
$
92.60
/HR
$ -
0.0%
ROLLER OPERATOR
$
92.60
/HR
$
92.60
/HR
$ -
0.0%
TRUCK DRIVER 8 -12 C.Y.
$
77.00
/HR
$
77.00
/HR
$ -
0.0%
TRUCK DRIVER 4 -6 C.Y.
$
78.20
/HR
$
7820
/HR
$ -
0.0%
TRUCK DRIVER 3 C.Y. TRANSIT
$
77.00
/HR
$
77,00
/HR
$ -
0.0%
CEMENT FINISHER
$
71.75
/HR
$
71.75
/HR
$ -
0.0%
LABORER FOREMAN
$
69.10
/HR
$
69.10
/HR
$ -
0.0%
RAKER
$
67.60
/HR
$
67.60
/HR
$ - -
0.0%
LABORER I
$'67.25
IHR
$
67.25
/HR
$ -
0.0%
LABORER 2
$
67.10
IHR
$
67.10
/HR
$ -
0.0%
Page 1 of 2
TABLE N OF EXHIBIT B
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS OF FEBRUARY 16, 2012
Page 2 of 2
2012-2013
2011-2012
PROPOSED
PERCENT
`
RATES
RATES
CHANGE
CHANGE
MCE CREW EQUIPMENT RATES
GILCREST ASPHALT PAVER
$137.15
/HR
$137.15
/HR
$ -
0.0%
BLAW KNOX ASPHALT PAVER
$
85.70
/HR
$ 85.70
/HR
$ -
0.0%
BACKHOE
$
54.25
IHR
$ 5425
/HR
$ -
0.0%
LOADER
$
50.60
/HR
$ 50.60
/HR
$ -
0.0%
ROLLER- VIBRATORY 5 -8 TON ,
$
46.60
/HR
$ 46.60
/HR
$ -
0.0%
ROLLER - VIBRATORY 3 -5 TON
$
46.60
/HR
$ 46.60
IHR
$ -
0.0%
DUMP TRUCK 8 -12 C.Y.
$
52.50
/HR
$ 52.50
/HR
$ -
0.0%
DUMP TRUCK 4 -6 C.Y.
$
48.40
/HR
$ 48.40
/HR
$ -
0.0%
TRANSIT TRUCK 3 C.Y.
$
48.40
/HR
$ 48.40
/HR
$ -
0.0%
SAW TRUCK
$
40.30
/HR
$ 40.30
/HR
$ -
0.0%
PICKUP
$
15.70
/HR
$ 15.70
/HR
$ -
0.0%
CONCRETE SAW -SELF PROP.
$
40.00
/HR
$ 40.00
/HR
$ -
0.0%
CONCRETE SAW -SMALL
$
7.65
/HR
$ 7.65
/HR
$ -
a.0%
AIR COMPRESSOR
$
22.60
/HR
$ 22.60
/HR
$ -
0.0%
BITUMAL POT
$
21.15
/HR
$ 21.15
/HR
$ -
0.0%
VI BRA PLATE
$
11.85
/HR
$ 11.85
/HR
$ -
0.0%
WACKER
$
11.85
/HR
$ 11.85
/HR
$ -
0.0%
POWER BERM MACHINE
$
22.50
/HR
$ 22.60
/HR
$ -
0.0%
ARROW BOARD
$
17.00
/HR
$ 17.00
/HR
$ -
0.0%
PAINT STRIPING MACHINE
$
17.00
/HR
$ 17.00
/HR
$ -
0.0%
UNIT PRICES
CHEMICAL WEED CONTROL R.O.W.
$149.50
/AC
$149.50
/AC
$ -
0.0%
FUNGUS SPRAYING - TREES
$
6.65
EA
$ 6.65
EA
$ -
0.0%
(50 TREE MINIMUM)
FERTILIZE ONLY TURF
o STREETS, STAGECOACH PARK,
$ 207.57
/AC
$207.57
/AC
$ -
0.0%
FIRE STATIONS, SENIOR CENTER AND
LIBRARY GROUNDS
o ALL OTHER PARKS AND
$196.65
/AC
$196.65
/AC
$ -
0.0%
TASSAJARA CREEK TRAIL
AERATION TURF
o STREETS, STAGECOACH PARK,
$196.65
/AC
$196.65
/AC
$ -
0.0%
FIRE STATIONS, SENIOR CENTER AND
LIBRARY GROUNDS
o ALL OTHER PARKS AND TASSAJARA
$120.17
/AC
$120.17
/AC
$ -
0.0%
CREEK TRAIL
MOW TURF
o STREETS, STAGECOACH PARK,
$
80.50
)AG
$ 80.50
IAC
$ -
0.0%
FIRE STATIONS, SENIOR CENTER AND
LIBRARY GROUNDS
o ALL OTHER PARKS AND TASSAJARA
$
51.75
/AC
$ 51.75
/AC
$ -
0.0%
CREEK TRAIL
EDGING TURF
o ALL TURF AREAS
$
11.50
/MLF
$ 11.50
IMLF
$ -
0.0%
CONTRACT BEDDING (ALL AREAS)
$ 270.25
MOIAC
$270.25
MO /AC
$ -
0.0%
Page 2 of 2
J
TABLE 111 OF EXHIBIT B
E.,` V-Y OF'DUBLIN
STAFFING ALLOCATIONS
AS OF MAY 2012
AREA 1 POSITION
PUBLIC WORKS ADMIN.
SUPERINTENDENT
SUPERVISOR
BUILDING MANAGEMENT
LLF
LL1
LL2
LL3
STREET MAINTENANCE
LLF
LL1
LL2
LL3
STREET TREE
LLF
LL1
LL2
LL3
STREET LANDSCAPE MAINT.
LLF
LL1
LL2
LL3
PARK MAINTENANCE
LLF
LL1
LL2
LL3
LIBRARY BLDG.
LLF
LL1
LL2
LL3
SENIOR CENTER
LLF
LL1
LL2
LL3
Page 1 of 2
PROPOSED
BUDGET
2012 -2013
1.00
0.00
0.66
0.82
0.00
0.00
1.48
0.15
0.41
0.15
1.10
1.81
0.07
0.20
0.11
0.32
0.70
0.82
2.49
2.07
2.05
7.43
0.94
3.83
2.14
2.03
9.32
0.26
0.16
0.00
0.00
0.42
0.05
0.05
0.05
0.00
0 -15
r
Page 2 of 2
PROPOSED
BUDGET
AREA 1 POSITIOhj
2012-2013'
HERITAGE CENTER
LLF
0.03
LL1
0.11
LL2
0.07
LL3
0.00
0.21
CEMETERY (.38 to park maint)
LLF
0.00
LL1
0.00 c
LL2
0.00
LL3
0.00
0,00
FIRE STATION BLDG. MAINT.
LLF
0.03
LL1
0.12
LL2
0.06
LL3
0.00
0.21
FIRE STATION LANDSCAPE
LLF
0.01
LL1
0.03
LL2
0.00
LL3
D.13
0.17
ADDITIONAL WORK
LLF
0.00
LL1
0.00
LL2
0.00
LL3
0.00
0.00
MCE GRAND TOTAL
Sup ;.
1.00
LLF`
3.02
LL1
8.22
LL2
4.65
LL3
5.63
22.90
Staff calculations based on the assumption that
each hourly empl
1,950 hours of regular and overtime per year.
Page 2 of 2
EXHIBIT C
AREA OF WORK TO BE PERFORMED BY CONTRACTORS OF MCE CORPORATION, INC.
Street Repair. (2201.3201.64075)
Drainage Maintenance. (2201.3201.64076)
Curb & Gutter /Sidewalk. (2201.3201.64078)
Guardrail Repair. (2201.3201.64081)
Weed Abatement. (2201.3201.64082)
Spill Clean -Up. (2201.3201.64084)
Street Tree Maintenance. (1001.3402.64001)
Stagecoach A.D. Trees. (2702.3402.64001)
Dougherty A.D. Trees. (2703.3402.64001)
Santa Rita A.D. Trees. (2704.3402.64001)
Street Landscape Maintenance, (1001.3401.64001)
Stagecoach A.D. Landscape. (2702.3401.64001)
Dougherty hcLerty A.D. Landscape. (2703.3401.64001)
Santa Rita A.D. Landscape. (2704.3401.64001)
Park Maintenance. (1001.7501.64001)
Building Maintenance. (100001.4000.4001)
Shannon Center Buildin • (770101.4000.4002)
Swim Center Building. (770105.4000.4002)
Senior Center Building. (770104.4000.4002)
Dublin Library. (1001.7301.64005)
Heritage Center. (1001.7601.64005)
Emerald Glen Activity Center (773105.4000.4002)
Fire Station Buildings. (200001.4000.4002; 200002.4000.4002 and 200003.4000.4002)
Fire Station Grounds. (200001.4000.4014, 200002.4000.4014 and 200003.4000.4014)
Additional Work. (Funding account varies.)
n
Services Agreement between July 1, 2012
City of Dublin and MCE Corporation, Inc. — Exhibit C Page,1 of.1