HomeMy WebLinkAbout4.7 - 1215 Approval of a New Agreement with MCE Corpor
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STAFF REPORT
CITY COUNCIL
DATE: November 15, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of a New Agreement with MCE Corporation
Prepared by: Dan Stevenson, Public Works Manager
EXECUTIVE SUMMARY:
The City of Dublin has contracted with MCE Corporation for various maintenance
services since 1984. The City Council will consider approving a new five -year
agreement.
STAFF RECOMMENDATION:
Authorize the procurement as an exception to the requirement for competitive bidding;
and adopt the Resolution approving agreement with MCE Corporation, Inc. for
Maintenance Services.
FINANCIAL IMPACT:
The cost of MCE Corporation’s services (approximately $5.52 million) is budgeted within
individual Operating Budgets for FY 2017-18.
BASE BUDGET $ 5,217,072
ADDITIONAL SERVICES $ 299,860
TOTAL YEAR ONE NOT-TO-EXCEED $ 5,516,932
DESCRIPTION:
The City of Dublin has contracted with MCE Corporation, Inc. (MCE) for various
maintenance services since 1984. MCE’s corporate headquarters is in Dublin and the
services provided by MCE to the City include the following:
• Street Repair
• Park and Facility Grounds Maintenance
• Drainage Maintenance
• Storm Patrol
• Curb, Gutter, and Sidewalk Repair
• Sign Maintenance
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• Striping and Markings
• Guardrail Repair
• Weed Abatement
• Bike Path Maintenance
• Spill Cleanup
• Maintenance Supervision
• Street Tree Maintenance
• Street Landscaping Maintenance
• Community Event Support
• Building Management and Maintenance
Services
There are 15 major maintenance functions, plus management, that are provided
through MCE's contract, either by MCE staff or by various subcontractors hired and
managed by MCE. MCE staff is highly knowledgeable of the details, means, and
methods of services provided within the City of Dublin within all levels of the
organization (from field crews to executive staff). Continuing to utilize MCE provides for
efficiencies and consistency is a key factor in extending the existing agreement between
the City and MCE.
In the past, the City Council has recognized the value in utilizing one maintenance
contractor for all the diverse services that MCE has provided rather than contracting
with a number of different firms. MCE has conducted maintenance services for the City
of Dublin since 1984 and has institutional and historical knowledge of the City.
MCE has a crew assigned and dedicated to Dublin that provides a versatile workforce
that is capable of handling multiple types of maintenance issues and projects. While
some maintenance functions are scheduled and performed on a routine basis, other
services are performed as needed or requested. Response to emergency situations that
can have an adverse effect on public safety, public health, and quality of life is a critical
function of maintenance staff. Providing a timely response when needed is a distinct
advantage of having a crew directly assigned to the City. Emergency responses include:
traffic accident cleanup, obstructions in the public right-of-way, plumbing leaks, storm
flooding, spill cleanup, and missing or damaged traffic signs. MCE provides emergency
response on a 24 -hour, 7 -day per week basis.
MCE has been consistently flexible in providing services for the City especially as the
City has grown. Year after year, Dublin has increased the City’s asset inventories, which
has required expanded maintenance services. MCE has adjusted and grown service
levels in conjunction with the growth of the City’s infrastructure and maintenance needs.
Utilizing a single contractor for services provides for a number of benefits. One benefit
of a consolidated vendor is the inherent efficiency that comes with communicating with
one party. This significantly reduces the staff time needed to manage and coordinate
contract work. Another benefit is the diverse range of skills of MCE employees,
allowing for reassignment throughout the major service areas of street repair, facilities
and landscape maintenance. Public Works and MCE meet regularly to discuss,
coordinate, and prioritize the City’s maintenance needs. This collaboration also includes
planning and scheduling work requests in the City’s Service Request System, which
tracks work requests for facilities, streets, and parks.
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MCE does not provide all the maintenance services needed by the City. These other
maintenance services are either not part of MCE’s core business or are unique and
require specialized contractors. Such other services are managed by Public Works staff
and include: street sweeping; traffic signal and street lighting maintenance; pavement
striping and marking; and specialized building maintenance, such as elevator servicing
and repair.
Cost Comparison
City staff evaluated the value of MCE’s services against other contractors. Staff could
not identify other businesses that provide all three primary combined services that
include facility, streets, and parks maintenance as MCE currently does. Currently, there
is no single contract service company that can provide the range of services MCE
executes for the City with the same business model to meet the City’s needs. MCE’s
Dublin crew only performs work for the City of Dublin. When utilizing separate
companies to conduct these primary functions individually, full time crews are typically
not assigned to one organization. This creates a potential gap in service, response,
and knowledge specific to Dublin.
As it relates to other options for maintenance services, City staff conducted a
comprehensive study in 2012 that analyzed the cost for the City to bring the services
that MCE provides in-house. That analysis was reviewed and compared to current rates
with neighboring agencies for loaded labor costs. The former and current analyses
indicate that costs to the City would be significantly higher with an in-house staff
performing all services that MCE currently provides. The direct loaded labor costs for
full-time, benefited City-employed maintenance staff is significantly higher than the City
pays MCE for labor, as demonstrated in Table 1. MCE currently has 33 staff assigned to
provide maintenance services to the City. In addition to labor costs, significant startup
expenses would also be incurred by the City to recruit and hire maintenance staff, to
purchase vehicles, and to purchase hand tools and other equipment needed in order to
adequately furnish an in-house maintenance staff, not to mention additional benefit
costs.
TABLE 1 –HOURLY BASE LABOR RATE COMPARISON
POSITION HOURLY RATE FOR MCE HOURLY RATE FOR
NEIGHBORING AGENCY
Maintenance Superintendent $ 34.85 $ 63.62
Foreman $ 32.00 $ 51.76
Landscape Laborer I $ 24.00 $ 45.01
Landscape Laborer II $ 16.00 $ 39.87
Landscape Laborer III $ 13.00 $ 29.79
POSITION ANNUAL RATE FOR MCE ANNUAL RATE FOR
NEIGHBORING AGENCY
Maintenance Superintendent $ 72,488 $ 132,336
Foreman $ 66,560 $ 107,656
Landscape Laborer I $ 49,920 $ 93,623
Landscape Laborer II $ 33,280 $ 82,932
Landscape Laborer III $ 27,040 $ 61,958
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New Contract Terms
Services and service levels will remain the same as previous contracts with MCE.
Contract terms have been updated to include changes in City policies as well as
regulatory changes and compliance requirements, such as updated City insurance
requirements, City invoice standardization, and Department of Industrial Relations (DIR)
prevailing wage reporting requirements. The proposed contract term is five years, which
is consistent with prior contracts for maintenance services.
Highlights of New Agreement
Consistent with the current contract and to facilitate fiscal sustainability, the term
of the new agreement is five years with an option to extend five additional years.
Labor and Equipment rate adjustments are set at 1% annually, but adjusted in
conjunction with the two-year budget cycle. In addition, the contract allows for
adjustments to State mandated minimum wage increases, which was a key item
to be addressed in these contract revisions.
Contract language revised to reflect current City contract standards, including
insurance, labor compliance and invoicing practices.
Contract language addresses recently acquired City-owned equipment as well as
addressing liability indemnification to the City by contractor.
Exception to Requirement for Competitive Bidding
The City of Dublin Municipal Code (Chapter 2.36 – Contracts and Purchasing) includes
a provision whereby City Council may approve an exception from competitive bidding
for the maintenance and repair of facilities, buildings, and streets.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was provided to MCE Corporation.
ATTACHMENTS:
1. Resolution Approving an Agreement with MCE Corporation, Inc. for Maintenance
Services
2. Exhibit A to the Resolution - Services Agreement between the City of Dublin and
MCE Corporation, Inc.
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AGREEMENT WITH MCE CORPORATION, INC.
FOR MAINTENANCE SERVICES
WHEREAS, the current agreement with MCE Corporation, Inc. for maintenance services
expires on June 30, 2017; 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 2.36.100(B)(6)&(7) 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 facilities, streets, and parks; and
WHEREAS, when an exception to the bidding process exceeds forty-five thousand
dollars ($45,000), the action must be authorized by the City Council .
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, 2017.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute an
Agreement in substantial compliance with the terms set forth in the agreement attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that City Manager may approve an amendment to
the compensation schedule allowing use of City funds already budgeted and approved
for maintenance work and an additional five-year term extension.
PASSED, APPROVED AND ADOPTED this 15th day of November 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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, 2017.
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, 2022, 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.
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
that City and Contractor meet in good faith to discuss the reassignment of
any personnel assigned by Contractor to provide services pursuant to this
Agreement. Contractor shall reasonably consider but is not required to
make the requested reassignment.
C. Contractor shall be solely responsible for interviewing, selecting, hiring,
reviewing, and promoting its employees.
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e.
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Contractor shall be solely responsible for performing periodic performance
reviews of its employees performing work under this Agreement.
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.
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.
Contractor shall be solely responsible for replacing any employees
providing services to City on behalf of Contractor.
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.
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 (TERS "), 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.
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.
r. Contractor shall be solely responsible for determining which of
Contractor's employees performs any specific services.
S. Contractor shall be responsible for determining the sequence and order in
which any services are to be performed by Contractor's employees.
Contractor shall be solely responsible for ensuring that its employees
have such equipment and facilities as they may require in order to perform
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 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 Contractor performing work for the City.
Y. Contractor shall issue to its employees the appropriate W -2 forms as
required by the Internal Revenue Code.
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 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.
G. 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 Contractors 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 ail 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.
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.
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.
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 Contractors 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 Public Works Manager, or their designee and
Contractor's employees performing services under this Agreement regarding the
work to be performed. The City's Public Works Manager, or their designee 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 Public Works
Manager, or their designee and Contractor's representative. Contractor's
representative shall communicate the implementation plan to and supervise
Contractor's Maintenance Superintendent, who shall 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 Public Works Manager, or their
designee. 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 Public Works Manager, or
their designee 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:
The dates of service provided at each facility,
Location of each service;
Daily logs of total hours worked by each individual performing work under this
Contract
• Hours must be logged in increments of tenths of an hour or quarter hours;
• If this Contract covers multiple job classifications, all hours must also be
logged by classification ;
• A brief description of the work;
• 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 Contractor's signature;
Reports shall be made available, upon request, in an electronic, editable
format. This shall include, but is not limited to Detail of Work reports, Budget
reports and Work Plans. All additional work shall include, as backup to invoice, the
written authorization of City.
Invoices shall be provided electronically, in editable, manipulable, and
transferrable form as described in Section 9.3 of this Agreement.
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.
2.3 Total Payment.
City shall pay for the services to be rendered by Contractor pursuant to this Agreement as
set forth in Exhibit A "Scope of Work ". City small not pay any additional sum for any
expense or cost whatsoever incurred by Contractor in rendering services pursuant to this
Agreement. City shall make no payment for any extra, further, or additional service
pursuant to this Agreement, except as set forth in Exhibit A "Scope of Work' after (a) the
additional work is approved, in writing, in advance by the Public Works Manager or
designee; or (b) in an emergency situation necessitating that the Contractor or
Subcontractor perform certain work to alleviate a dangerous condition or situation.
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 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 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Public Works Manager, as described in Exhibit A, letter D.
2.8 Rate Adjustments. The Compensation Schedule, Exhibit B, contains two rate schedules.
The first contains labor rates, while the second contains equipment rates. Labor and
Equipment rates shall be eligible for two updates as identified in Exhibit B. Both updates
shall be made in conjunction with each of the two -year budget approval processes
described in Exhibit B. Updated rates shall be approved in writing by the Public Works
Manager. Contractor shall calculate and submit adjusted rates and shall provide notice to
Public Works Manager by December of years 2017 and 2015. Rates shall reflect
increases no greater than any state mandated minimum wage increases and an annual
cost of living increase not to exceed 1 %. A sample calculation is set forth below.
SAMPLE CALCULATION: (Using 1% index increase as an example)
PREVIOUS HOURLY CHARGE RATE $14AOmr
NEW HOURLY CHARGE RATE (Min Wage Inc. $1) $15.00lhr
INDEX INCREASE (Assuming 1%) 15 x .01 =.150 0.151hr
$15.151hr
Section 3. FACILITIES AND EQUIPMENT. Contractor shall, at its sole cost and expense, ensure
that's its employees have the facilities and equipment necessary to perform the services required by this
Agreement. City may permit Contractor to utilize certain City owned equipment, upon request. Contractor
shall: only utilize City -owned equipment in the performance of its work under this Agreement, Contractor
represents and warrants that employees will obtain any and all certification and/or specialized training
required by law prior to use of City -owned equipment. Any and all risk associated with the use of City -
owned equipment shall be borne by Contactor. Use of City -owned equipment will be at the discretion of the
Public Works Manager, or their designee. Contractor agrees to complete the Contractor Safety Agreement
attached hereto as Exhibit D and abide by the terms set forth therein.
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.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits shall be available to City
as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The
additional insured coverage under the Contractor's policy shall be "primary and non- contributory" and will
not seek contribution from City's insurance or self- insurance and shall be at least as broad as CG 20 0104
12. In the event Contractor fails to maintain coverage as required by this Agreement, City at its sole
discretion may purchase the coverage required and the cost will be paid by Contractor, Failure to exercise
this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an
endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30)
days' prior written notice to City of such cancellation, change, or lapse.
4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employers Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000,00) per accident. In the alternative,
Contractor may rely on a self - insurance program to meet those requirements, but only if
the program of self- insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self - insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Contractor, if a program of self - insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Contractor shall notify City within 14 days of notification from Contractor's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements, Contractor, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00)
per occurrence for commercial general liability insurance and ONE MILLION
DOLLARS ($1,000,000.00) per occurrence for automobile insurance, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001. Automobile coverage shall be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 Code 1 ( "any auto ").
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied, or used by
Contractor; and automobiles owned, leased, or used by the Contractor.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self- insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
Any failure of Contractor to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Contractor shall notify City within
14 days of notification from Contractor's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests` rating of no less than ANIL
4.4.2 Verification of coverage, Prior to beginning any work under this Agreement,
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies and
endorsements, Failure to exercise this right shall not constitute a waiver of right to
exercise later.
4,4.3 Subcontractors. Contractor agrees to include with all subcontractors in their
subcontract the same requirements and provisions of this Agreement including the
Indemnification and Insurance requirements to the extent they apply to the scope
of the Subcontractor's work. Subcontractors hired by Contractor agree to be bound
to Contractor and the City in the same manner and to the same extent as
Contractor is bound to the City under the Contract Documents. Subcontractor
further agrees to include these same provisions with any Sub- subcontractor. A
copy of the Owner Contract Document Indemnity and Insurance provisions will be
furnished to the Subcontractor upon request. The General Contractor shall require
all subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work and
will provide proof of compliance to the City.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self- Insured Retentions. All self - insured retentions (SIR)
and/or deductibles must be disclosed to the City for approval and shall not reduce
the limits of liability. Policies containing any self- insured retention provision and/or
deductibles shall provide or be endorsed to provide that the SIR and /or
deductibles may be satisfied by either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non- contributory basis for the
benefit of City (if agreed to in a written contract or agreement) before City's own
insurance or self - insurance shall be called upon to protect City as a named
insured.
4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by
this section 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.
4.5 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
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES To the maximum
extent allowed by law, Contractor shall indemnify, keep and save harmless the City, and City
Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of
any injury to persons or property, including death, that may occur, or that may be alleged to have occurred,
in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct
of the Contractor or its employees, subcontractors or agents. Contractor further agrees to defend any and
all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising
therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of
the other individuals enumerated above in any such action, Contractor shall, at its expense, satisfy and
discharge the same. Contractor's responsibility for such defense and indemnity obligations shall survive
the termination or completion of this Agreement for the full period of time allowed by law. The defense and
indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be
limited by, the insurance obligations contained in this Agreement.
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 and assignment of personnel pursuant to Subparagraph 1.4;
however, otherwise City shall not have the right to control the means 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.
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. As Contractor completes work for City, Contractor shall
comply with applicable City ordinances, policies and guidelines, including as they relate to
those related to environmental purchasing. A copy of the City's environmental purchasing
policy has been provided to Contractor prior to execution of this Agreement.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Contractor and any subcontractors shall obtain and maintain during the term of
this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and E ual 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.
Section B. TERMINATION AND MODIFICATION.
8.1 Termination.
City may cancel this Agreement upon 30 days' written notice to Contractor, with or without
cause.
Contractor may cancel this Agreement upon 120 days' written notice to City and shall
include in such notice the reasons for cancellation.
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.
8.2 Amendments. The parties may amend this Agreement only by a written form, signed by
both parties.
8,3 Extension. City may, by process of approval of amendment before City Council, extend
the end date of this Agreement beyond that provided for in Subsection 1.1. for one
additional five year period. Contractor understands and agrees that, if City grants such an
extension, City shall set the terms of a new Compensation Schedule, Exhibit B, to address
compensation needs for additional years and shall revise the Scope of Work, Exhibit A, to
include revisions or the addition of tasks.
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. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
If City is unsatisfied with the work performed by Contractor's subcontractor, City may
request that Contractor meet in good faith with the Contract Administrator to discuss work
subcontractor's performance and competence and collaborate in finding an appropriate
solution. City may require Contractor to acquire three bids for work as determined by the
Public Works Manager.
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.
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;
8.63 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.
City may require Contractor to implement and utilize a Computerized Maintenance
Management System (CMMS) or other asset management software that City may
purchase at the conclusion of an asset management study the City is currently conducting.
The City will involve MCE with the software system selection. NICE shall use the City's
system or provide data in a format compatible for export/import into this electronic software
system.
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, in electronic, and editable form, Under California Government Code Section
8545.7, 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.
9.4 Safety Records. Contractor shall annually submit to the City any and all safety records.
"Safety records" as used in this section mean any and all records created by Contractor in
compliance with state mandated safety reporting requirements.
9.5 Searchable, Editable, Transferrable, and Manipulable Records. Any records or
documents provided to the City under the terms of this agreement, including invoices as
described in Section 2.1 of this Agreement, shall be provided electronically, in searchable,
editable, transferrable, and manipulable format, whenever practicably possible.
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 shalt 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,
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
of 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 of 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
Government Code §1090 et seq., the entire Agreement is void and Contractor will not be
entitled to any compensation for services performed pursuant to this Agreement, 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.
Principals and those performing work for City of Dublin aay be required to submit a
California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic
Interests documenting potential financial conflicts of interest. For additional information,
proposers should refer to the FPPC website at http: llwww.fppc.ca.govlForm700.html.
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 the 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. "Services described in Exhibit A constitute a public works project within
the definition of Section 1720(a)(1) of the California Labor Code. As a result, Contractor is
required to comply with the provisions of the tabor Code applicable to public works, to the
extent set forth in Exhibit C. Contractor shall waive, indemnify, hold harmless, and defend
City concerning any liability arising out of Labor Code Section 1720 et seq."
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:
MCE Corporation
Attn: MCE President
6515 Trinity Court
Dublin, CA 94568
City of Dublin Public Works
Attn: Public Works Director
100 Civic Plaza
Dublin, CA 94568
Any updates and or changes to the contract information provided in this section shall be
timely submitted in writing, by email or first class mail, by the person listed above.
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;" Exhibit C entitled
"Provisions Required for Public Works Contracts" and Exhibit D entities "Contractor Safety
Agreement ".
CITY OF DUBLIN
Christopher L. Foss, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
MC CORPORATION, INC.
Jeff y Core, President
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 Maintenance, (2201.3201.64101) Street maintenance and repair including pothole
patching, crack filling, and other asphalt pavement maintenance as requested by the City.
2. Drainage Maintenance. (2201.3201,64101) Storm drainage system maintenance includes
mechanical flushing of storm drains, annual inspection and cleaning of catch basins, cleaning of
concrete v- ditches, and clearing of stream channels of tree limbs and other vegetation and/or
debris,
3. Storm Patrol. (2201.3201 ,641 01) 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. (2201.3201.64101) 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. Sian Maintenance, (2201.3201.64101) Installation, removal, repair, and replacement of signage,
posts, and other sign mounting equipment, Signage that has lost legibility or reflectivity, or those
that have been damaged will be repaired or replaced as necessary or as requested by City.
6. Neighborhood Watch Signs. (1001.3201.64101) Installation of new neighborhood watch signs
using general funds as requested by City.
7. Striping and Marking. (2201.3201.64101) The restriping or remarking of existing stripes and
legends on a limited basis, or the painting or repainting of curbs 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. (2201.3201.64101) Straighten, replace, or repair damaged guardrails and posts
as well as paint guardrail.
9. Weed Abatement. (2201.3201.64101) Cutting of weeds and vegetation in unimproved (non -
landscaped) areas, landscaped or natural slope areas, firebreaks and open space areas using
mechanical methods such as hand operated brush cutters, discing, or mowers. May include
application of pre- and post - emergent chemicals to control the growth of weed and other vegetation
in unimproved areas.
2725718.1
10. Bike path Maintenance. (2201.3201.64101) 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. (2201.3201.64101) Control and clean -up of any non - hazardous liquid material or
assisting qualified personnel/companies in the clean -up of hazardous materials deposited on or
near City Streets which represent a safety hazard to the public. Includes clean -up from accidents,
spilled materials, or assisting other crews performing such functions.. .
12. Body Fluid Spill Clean -Up. (2201.3201.64101) Control and clean -up of body fluid or assisting
qualified personnel/companies in the clean -up of body fluids hazardous to the public. Includes
clean -up of blood vomit, feces, and urine, or assisting other crews performing such functions.
13. Maintenance Supervision. (1001.3101.64101 ) Time spent by a superintendent or an hourly
supervisor involved in managing maintenance operation such as meeting with City officials,
preparation of annual budgets, administration of personnel, etc.
14. Street Tree Maintenance. (1001.3402.64101) Maintenance of City -owned street trees located in
public right -of -ways such as trimming, pruning, fertilizing, spraying, removal, and replacement of
trees.
15. Stagecoach A.D. Trees. (2702.3402,64101) Maintenance of Stagecoach Assessment District
trees including trimming, pruning, fertilizing, spraying, and removal of trees.
16. Dougherty A.D. Trees. (2703.3402,64101) Maintenance of Dougherty Assessment District trees
including trimming, pruning, fertilizing, spraying, and removal of trees.
17. Santa Rita A.D. Trees. (2704.3402.64101) Maintenance of Santa Rita Assessment District trees
including trimming, pruning, fertilizing, spraying, and removal of trees.
18. Street Landscape Maintenance. (1001.3401.64101) Maintenance of street median landscape
areas including turf, bedding plants, shrubs, irrigation systems, and rodent control. Excludes Street
Tree Maintenance (see item 13 above).
19. Community Promotions, (1001.3401.64101) Assistance in provision of community events such as
parades, holiday events, festivals, etc.
20. Stagecoach A.D. Landscape. (2702.3401.64101) Maintenance of Stagecoach Assessment
District median and other landscaped areas. Includes 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 14 above).
21. Dougherty A.D. Landscape. (2703.3401.64101) Maintenance of Dougherty Assessment District
median and other landscaped areas. Includes 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).
2'725718.1
22. Santa Rita A.D. Landscape. (2704.3401.64101) Maintenance of Santa Rita Assessment District
median and other landscaped areas including turf, bedding plants, shrubs, irrigation systems, and
rodent control. Excludes Street Tree Maintenance (see Section 16 above).
23. Park Maintenance. (1001.7501.64101) 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.
24. Building Maintenance. (1001.1801.64101) Maintenance of various City -owned buildings and
facilities including in -house and specially contractor work. This includes Preventive Maintenance
Inspections and repairs.
25. Shannon Center Building. (1001.7701.64101) Maintenance of the Shannon Center building
including in -house and specialty contractor work. This includes Preventive Maintenance
Inspections and repairs.
26. Swim Center Building. (1001.7701.64101) Maintenance of the Swim Center building including in-
house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
27. Senior Center_ Building. (1001.7701.64101) Maintenance of the Senior Center building including
in -house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
28. Dublin Library. (1001.7301.64101) Maintenance of the Dublin Library building including in -house
and specialty contractor work. This includes Preventive Maintenance Inspections and repairs.
29. Heritage Center. (1001.7772.64101) Maintenance of the Heritage Center building including in-
house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
30. Emerald Glen Activity Center (1001.7772.64101) Maintenance of the Emerald Glen Activity Center
building including in -house and specialty contractor work. This includes Preventive Maintenance
Inspections and repairs.
31. fire Station Buildings. (1001.2411.64101) Maintenance of the three fire station buildings including
in -house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
32. Fire Station Grounds. (200001.4000.4051, 200002.4000.4051 and 200003.4000.4051)
Maintenance of three fire station landscape areas including turf, bedding plants, trees, shrubs,
irrigation systems, hardscapes, and rodent control.
33. Additional Work. (Funding account varies.) All work not within one of the items fisted above that is
performed at the written request of the Public Works Manager or designee and for which the
requester is providing the funding and accounting code.
2725718.1
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 City Staff and the required coordination of laborers 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 work described in items 1 through 33 above is
considered Scheduled Work. Item 33 is considered Additional Work. Contractor shall perform no work in
addition to Scheduled Work, unless: (a) it is Additional Work that is approved, in writing, in advance by the
Public Works Manager or designee; 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 Manager or designee
of all emergency work conducted.
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 projects and tasks 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 Manager or designee 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 Manager'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 work to be performed.
Contractor will prepare monthly work schedules and review them with the Public Works Manager.
These schedules will represent specific work needs identified as the result of the Contractor's
recommendations and requests from the Public Works Manager 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
Manager 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.
2725718.1
E. Work Reporting Procedures. Contractor shall submit a Monthly Work Summary Report
to the Public Works Director or designee 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.
F. Additional Contractor Responsibilities. Contractor's employees will be alert for
observable maintenance deficiencies in public facilities as they travel within the City's boundaries in the
course of their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work.
They will report observed maintenance deficiencies to the appropriate Contractor or City representative, or
other appropriate agency.
G. Protection of Work and Public. Contractor shall take all necessary measures to protect
work sites and prevent accidents during any and all phases of work activities. Contractor shall provide and
maintain all necessary safety resources that may include: barriers, flagmen, and/or signage while
conducting maintenance activities.
Contractor will provide at no additional cost all necessary advanced warning signage and
barricades, flashers, and other necessary equipment and facilities for the protection of the public within the
limits of work areas while work activities are proceeding.
H. Materials. Contractor will endeavor to secure materials from the lowest cost source
reasonably available. City may require Contractor to acquire three bids for materials as determined by the
Public Works Manager.
2725718. t
EXHIBIT B
COMPENSATION SCHEDULE
City shall pay Contractor an amount not to exceed amounts listed below for each Fiscal Year. The base
contract amount and additional services in total constitute the yearly not -to- exceed figure used for
calculating contingencies.
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 III of this Exhibit B. The not -to-
exceed amount set forth below and the estimated costs for each task set out in Table I of this Exhibit B are
based in part on the Contractor's Performance Indicators set forth in Table 11 of this Exhibit B and the
Staffing Comparisons set forth in Table 1V 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 with a
letter sent to Contractor, by City, no later than at the beginning of each fiscal year, as required in Section
10.12.
TABLE I: YEAR ONE (FY 2017 -18) IS YEAR TWO OF CITY OF DUBLIN TWO YEAR BUDGET CYCLE
BASE BUDGET
$ 5,217,072
ADDITIONAL SERVICES
$ 299,860
TOTAL YEAR ONE NOT -TO- EXCEED
$ 5,516,932
Base Budget: The base budget covers work identified in Exhibit A items 1 -32.
Additional Services: Additional Services, as identified in Exhibit A item 33, are not assumed sums, and
constitute work anticipated to meet needs over and beyond scheduled maintenance. All requests for use of
additional services shall be issued by Departments to the Public Works Manager, or their designee, and
once approved in writing with signature, shall be sent to Contractor as written authorization.
Additional Budget Years: Additional budget years will be calculated as part of the City's two year budget
cycle. This process takes place every two years and will begin late fall of 2017 for FY 2018 -19 and FY
2019 -20. Contractor shall submit budget estimates and any anticipated revisions to its rate schedules for
this first two year budget cycle by the beginning of December, 2017 and the final two year revisions for FY
2020 -21 and FY 2021 -22 will be due the beginning of December, 2019. Contractor shall submit these
anticipated budget needs and rate revisions to the Public Works Manager.
TABLE 11: LABOR RATE SCHEDULE
MCE Crew Labor Rates
Superintendent
$96.25
FY 17.18
Loader /Backhoe Operator
FY 16 -17
Proposed
Asphalt Paver Operator
Rates
Rates
Dublin Crew Labor Rates
$92.60
$92.60
Maintenance Superintendent
$62.80
$62.80
Maintenance Supervisor
$55.30
$55.30
Landscape Foreperson
$48.05
$48.05
Landscape Laborer 1
$40.40
$40.40
Landscape Laborer
11
$34.40
$34.40
Landscape Laborer 111
$27.50
$27.50
Traffic Control Flagging
$63.20
$63.20
Sign Maintenance
$59.30
$59.30
Painter Brush
$76.00
$76.00
Painter Striper
$63.00
$6100
Carpenter
$84.40
$84.40
Construction Laborer
$64.30
$64.30
MCE Crew Labor Rates
Superintendent
$96.25
$96.25
Loader /Backhoe Operator
$95.45
$95.45
Asphalt Paver Operator
$95.45
$95.45
Asphalt Paver Screed Person
$92.60
$92.60
Roller Operator
$92.60
$92.60
Truck Driver (8 -12 CY)
$77.00
$77.00
MCE Crew Labor Rates
Truck Driver (3 -6
CY)
$78.20
$78.20
Truck Driver (3 CY Transit)
$77.00
$77.00
Cement Finisher
$71.75
$71.75
Laborer Foreperson
$69.10
$69.10
Raker
$67.60
$67.60
Laborer 1
$67.25
$67.25
Laborer 11
$67.10
$67.10
TABLE III: EQUIPMENT RATE SCHEDULE
FY 17 -18
FY 16.17 Proposed
Rates Rates
Dublin Crew Eauioment Rates
Mid -Sized Pick Up Truck
$8.45
$8.45
112 Ton Truck
$9.65
$9.65
314 Ton Truck/Utility Bed
$10.25
$10.25
1 to 1.5 Ton Flatbed Dump
$11.50
$11.50
Mid Size Utility Van
$10.50
$10.50
Brush Cutter
$5.80
$5.80
Backpack Blower
$2.40
$2.40
Hedge Trimmer
$4.00
$4.00
Small Trailer (8)
$2.95
$2.95
Pressure Washer
$14.25
$14.25
Chain Saw
$6.60
$6.60
Portable Generator
$6.30
$6.30
Water Trailer
$11.10
$11.10
Utility Cart
$4.00
$4.00
MCE Crew Eauinment Rates
Gilcrest Asphalt Paver
$137.15
$137.15
Blaw Knox Asphalt Paver
$8510
$85.70
Backhoe
$54.25
$54.25
Loader
$50.60
$50.60
Roller- Vibratory 5 -8 Ton
$46.60
$46.60
Roller- Vibratory 3 -5 Ton
$46.60
$46.60
Dump Truck 8 -12 Ton
$52.50
$52.50
Dump Truck 4 -6 Ton
$48.40
$48.40
Transit Truck 3 CY
$48.40
$48.40
Saw Truck
$40.30
$40.30
Pickup
$15.70
$15.70
Concrete Saw -Self Propelled
$40.00
$40.00
Concrete Saw -Small
$7.65
$7.65
Air Compressor
$22.60
$22.60
Bituminal Pot
$21.15
$21.15
Vibra Plate
$11.85
$11.85
Wacker
$11.85
$11.85
Power Berm Machine
$22.60
$22.60
Arrow Board
$17.00
$17.00
Paint Striping Machine
$17.00
$17.00
Chemical Weed Cont. R -O -W
$149.50
$0.00
Turf Fertilization
$207.57
$0.00
$196.65
$0.00
Aeration Turf
$196.65
$0.00
$120.17
$0.00
Mow /Edge Turf
$80.50
$0.00
Contract Bedding Maint.
$270.25
$0.00
Material and Subcontract Work
"All material and subcontract work performed not in the unit prices shall be billed at actual invoice
cost plus 13% (subcontract work) and 10% (materials) overhead and fee
Subcontractors: Overhead for acquisition of a subcontractor shall not exceed 13% of invoice.
Materials: Overhead for materials shall not exceed 10% of invoice.
Joint Planning Efforts: Overhead charges for work completed by both Public Works Manager, or their
designee, and Contractor for acquiring either subcontractors or materials shall be commensurate with the
amount of time and efforts contributed by Contractor and adjusted accordingly.
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A, In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day's work under this contract,
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed
in performance of the services described in Exhibit A is limited to eight hours during any one calendar day,
and forty hours during any one calendar week, except in accordance with California Labor Code Section
1815, which provides that work in excess of eight hours during any one calendar day and forty hours during
any one calendar week is permitted upon compensation for all hours worked in excess of eight hours
during any one calendar day and forty hours during any one calendar week at not less than one- and -one-
half times the basic rate of pay.
C. The Contractor and its subcontractors shall forfeit as a penally to City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours
in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and
following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed for each
craft or type of work needed to be as published by the State of California Department of Industrial
Relations, Division of Labor Statistics and Research, a copy of which is on file with City and shall be made
available on request. The Contractor and subcontractors engaged in the performance of the services
described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the
services described in Exhibit A.
B. In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in
performance of the services described in Exhibit A shall comply Labor Code Section 1775, which
establishes a penalty of up to $50 per day for each worker engaged in the performance of the services
described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing
wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on
consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the
correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting
applicable prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the
correct rates of prevailing wages, A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations
under the California Labor Code. The Contractor or subcontractor shall pay the difference between the
prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for
which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the
subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge
of that failure or unless the Contractor falls to comply with all of the following requirements:
1. The contract executed between the Contractor and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California Labor
Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages
by the subcontractor by periodic review of the subcontractor's certified payroll records.
3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages,
the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited
to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit
X
4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified
general prevailing rate of per diem wages for employees engaged in the performance of the services
described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing
the name, address, social security number, work, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed in performance of the services described in Exhibit A. Each payroll record shall contain or be
verified by a written declaration that it is made under penalty of perjury, stating both of the following:
The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any
work performed by the employer's employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be
available for inspection by the Owner and its authorized representatives, the Division of Labor Standards
Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor
and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible
for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of
apprentices on public works contracts.
E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of
the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade
or occupation (except executive, supervisory, administrative, clerical, or other non - manual workers as
such) for which no minimum wage rate has been determined by the Director of the Department of Industrial
Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which
most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum
rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial
employment of the person affected and during the continuance of such employment.
W017 -1k
CONTRACTOR SAFETY AGREEMENT
This form is required on an annual basis, due no later than July 31 of each year. City may provide
Contractor with a revised form for future years to reflect any potential changes to laws, codes and
regulations.
City of Dublin has the obligation under California's multi - employer work site amendment A131127 to ensure
that all work done on our sites is performed in accordance with the State's Environmental Health and
Safety laws, codes and regulations. To this end, we are asking that you initial the following form in the
appropriate box. Failure to do so may affect your contract with the City of Dublin. Please note that for the
purposes of this document, you are referred to as "Contractor."
The multi - employer work sites are work locations where more than one employer and his or her employees
work, usually but not necessarily at the same time. Most construction sites are multi - employer work sites,
and therefore more than one employer is responsible for safety at these work sites. Each individual
employer is required to notify other employers of hazards and to guard against exposing their own
employees as well as all other employees on the site.
Multi - Employer Work Sites
An exposing employer is an
A creating
A controlling employer is an
A correcting
employer whose employees
employer is an
employer who is responsible,
employer is an
were exposed to the violative
employer who
by contract or through actual
employer who has
condition at the work site
actually created
practice, for safety and health
the responsibility to
regardless of whether that
the violative
conditions at the work site and
correct the
employer created the violative
condition.
who has the authority to
violative condition.
condition.
correct the violation.
Contractor:
YES
NIA
Contractor has a current Injury and Illness Prevention Plan compliant with 8 CCR 3203
(California Code of Regulations, Title 8, Section 3203), and will provide a copy. OR
Contractor will provide City of Dublin with a copy of their Code of Safe Practices prior the
start of work.
Contractor will provide City of Dublin with a copy of their Heat Illness Prevention
Program.
Contractor will provide City of Dublin with a copy of their Emergency Action Plan, include
emergency contact list (List First Aid /CPR person).
YES
NIA
Contractor will provide City of Dublin with name & contact information of person that will
be responsible for jobsite safety.
Contractor will provide City of Dublin with a copy of their weekly toolbox training records.
Contractor will provide City of Dublin with copies of their certifications (for
cranelforkliftlaerial device operators) of any equipment is to be used during construction
activities.
Contractor will provide City of Dublin with a copy of their certification of
competent/qualified training of person or persons prior to starling work and if required by
job classification i,e, ExcavationfTrenchinglShoring, Power — Actuated Tools etc,
Contractor will provide City of Dublin with a copy of their EPA Lead --Safe Certification
meeting EPA's Renovation, Repair & Painting Rule. Provide employee training
certifications for lead abatement and safety plan prior starting work.
Contractor will provide City of Dublin with a copy of their Asbestos abatement plan when
engaged in asbestos - related work. The asbestos contractor must send notification 24
hours prior to each asbestos job, regardless of the amount of asbestos - containing
material that is going to be disturbed.
Written notification shall be made to the nearest Cal /OSHA district office 24 hours prior to
initiating an asbestos abatement job. For asbestos - related work, verbal notification is
allowed for immediate abatement prior to the start of work, but must be followed by
written confirmation within 24 hours.
Employee training and certification must be submitted prior start of the job.
Contractor will provide City of Dublin with a copy of their Hazard Communication
program if their employees will be using any chemicals on the job.
Contractor will provide City of Dublin with a copy of the SDS for each chemical brought
onto the site along with a chemical inventory list.
Contractor will provide City of Dublin with a copy of their Hazardous Waste disposal plan
for any hazardous wastes generated during the job.
Contractor will provide City of Dublin with a copy of their Confined Space program & Plan
if any confined spaces are to be entered.
Contractor will provide City of Dublin with a copy of their Electrical Safety program if any
electrical work is to be performed,
Contractors must provide their employees with all safety & personal protective equipment required for the
performance of their work and enforces its use as a condition of employment.
All employees must wear hard hats, high visibility vest, work boots, eye protection and follow good
housekeeping practices.
If the Contractor is found in violation of any of the above requirements, City of Dublin will reserve the right
to stop work, correct hazard and back charge, send notice to company representative /owner, terminate
employee, replace superintendent, safety representative, and/or withhold payments to correct the hazard.
Contractor must immediately report any incidents including, but not limited to, damaged electrical wiring,
plumbing, water lines, natural gas lines, telecommunication lines or structure.
If you need help or required direction on how to submit and fulfill these requirements, don't hesitate to
contact us at:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
We need your support to provide a safe work environment for all employees.
Name of Contractor Representative: Date:
Signature of Contractor Representative:
Name of City of Dublin Representative: Date:
Signature of City of Dublin Representative:
YES
NIA
Contractor will provide City of Dublin with a copy of their Fall Protection program and
Plan if any work is to be performed that would require it according to 8 CCR 1669.
Contractor will provide City of Dublin with a copy of their Lockout/Tagout Program and
Plan if any work is to be done on any sources of hazardous energy.
Contractor will provide City of Dublin with a copy of their accident investigation report for
each accident that occurs during the performance of the contract.
Contractor will provide City of Dublin with a copy of any Cal -OSHA required permits prior
start of the project. Cal -OSHA required permit for the following construction activities
include Trenching or excavating at 5 feet or more in depth, demo, and scaffold more than
36 feet high.
Contractors must provide their employees with all safety & personal protective equipment required for the
performance of their work and enforces its use as a condition of employment.
All employees must wear hard hats, high visibility vest, work boots, eye protection and follow good
housekeeping practices.
If the Contractor is found in violation of any of the above requirements, City of Dublin will reserve the right
to stop work, correct hazard and back charge, send notice to company representative /owner, terminate
employee, replace superintendent, safety representative, and/or withhold payments to correct the hazard.
Contractor must immediately report any incidents including, but not limited to, damaged electrical wiring,
plumbing, water lines, natural gas lines, telecommunication lines or structure.
If you need help or required direction on how to submit and fulfill these requirements, don't hesitate to
contact us at:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
We need your support to provide a safe work environment for all employees.
Name of Contractor Representative: Date:
Signature of Contractor Representative:
Name of City of Dublin Representative: Date:
Signature of City of Dublin Representative: