HomeMy WebLinkAboutItem 8.4 MCE Corporation Review of Services
CITY CLERK
File # D~[l2][l2]-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 3,2006
SUBJECT:
MCE Corporation - Review of Services and Approval of a New
Three- Year Agreement
Report Prepared by Melissa Morton, Public Works Director
ATTACHMENTS:
Resolution, together with Exhibit "A," New Agreement
RECOMMENDATIONV. 1)
2)
\
Review the services provided by MCE Corporation, and
Adopt the resolution approving a new three-year agreement
FINANCIAL STATEMENT:
The cost ofMCE's services is budgeted within individual Operating
Budgets. Work included in the agreement is as described below.
DESCRIPTION: The City of Dublin has contracted with MCE Corporation for
various maintenance services since 1984. Services provided by MCE Corporation include the following:
. Bike Path Maintenance
. Building Management and Maintenance
. Curb, Gutter, and Sidewalk (emergency or temporary repair)
. Drainage Maintenance
. Guardrail Repair
. Park Maintenance
. Sign Installation, Repair & Maintenance
. Spill Cleanup
. Storm Patrol/Cleanup
. Street Landscaping Maintenance
. Street Repair (emergency or temporary repair)
. Street Tree Maintenance
. Striping and Marking (emergency replacement)
. Weed Abatement
COPY TO: Stan Smalley, MCE Corporation
Page 1 of6
ITEM NO. <6. Y-
g:\consultants\mce\agenda statement 2006 agreement
The current three-year agreement with MCE Corporation expired on June 30, 2006, and an interim
amendment was approved by the City Council to extend the agreement until legal staff could prepare a
completely new agreement utilizing the standard format. The proposed agreement is for a three-year
period ending on June 30, 2009. The agreement allows for annual rate adjustments commensurate with
the San Francisco Bay Area Consumer Price Index (CPI) rate of inflation for Urban Wage Earners.
The following report discusses the cost-effectiveness of continuing to utilize MCE's services, reviews
their performance to date, and describes the changes in the proposed agreement.
COST-EFFECTIVENESS COMPARISON TO IN-HOUSE STAFF
Staff has reviewed the services provided by MCE Corporation in terms of whether these services could be
more cost-effectively provided by an in-house maintenance crew.
At this time, the City does not have a fully-functional maintenance yard and is therefore limited in terms
of space for both people and vehicles I equipment. While MCE does work out of the small yard on
Scarlett Court, space is inadequate for vehicles, equipment, personnel and storage, and some of the
services provided by MCE are served out of MCE's facility on Trinity Court in Dublin. A study is
currently underway to determine the City's needs for a maintenance yard and associated buildings;
realistically, such a facility would probably not be available for three to five years.
Personnel Cost: Based on salaries and benefits being paid to the crew in a neighboring city, the
comparative cost of personnel that would approximately match the MCE staff is as follows:
The first table indicates the approximate cost of MCE's current staff which is assigned to Dublin,
including MCE's overhead but not including any vehicle or equipment costs. While the City only pays for
hours actually expended, MCE prepares budgets and assigns staff based on 1,950 hours per staff person.
Table I below indicates budgeted cost based on 1,950 hours per year and the actual FTE included in the
2006-2007 operating budget:
TABLE I
Number MCE Rate (inel. Total Number
MCE Position Title of Staff benefits but not of Budgeted Total Annual Cost
equipment or Calculation Hours
vehicles)
Maintenance Supt. 1 $58.30 x 1,950 x 1 = 1,950 $113,685
Foreman 3 $44.60 x 1,950 x 3 = 5,850 $260,910
Landscape Laborer 1 8 $37.50 x1,950x8= 15,600 $585,000
Landscape Laborer 2 4 $31.90 x 1,950 x 4 = 7,800 $248,820
Landscape Laborer 3 8.36 $25.50 x 1,950 x 8.36 = 16,302 $415,701
Total: 24.36 47,502 $1,624,116
The second table provides an average pay rate for comparable positions in a neighboring city, calculated
with benefits at 60% of salary, which is the approximate benefit ratio for the City of Dublin. It should be
recognized that in-house staff would also have more paid holidays and paid leave time than MCE contract
staff, and so it is likely that an in-house crew would require additional personnel to make up the
difference. The estimated hours actually worked per year for in-house staff, allowing for 13 paid holidays
and 22 leave days is 1,800, while the paid hours would be 2,080.
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T ABLE II
Nbr of Nbr. Of Hours Nbr.OfHours Average
Position Title Staff Worked with Paid with Rate plus Total Annual Cost
Equivalent Staff Equivalent Staff 60% Based on 2,080 Hrs.
Based on 1,800 Based on 2,080
Program Mgr. (Supt.) 1 1,800 2,080 $68.34 $142,147
Coordinator (Foreman) 3 5,400 6,240 $44.30 $276,432
Specialist (LL 1) 8 14,400 16,640 $39.95 $664,768
Technician II (LL2) 4 7,200 8,320 $36.03 $299,770
Technician I (LL3) 8.36 15,048 17,389 $32.99 $573,663
Subtotal: 24.36 43,848 50,669 $1,956,780
Additional Staff Req'd 2.03 3,654 4,222 $32.99 $139,284
Total 26.39 47,502 54,891 $2,096,064
The difference in actual hours worked between the budgeted MCE hours and the estimated in-house hours
is 3,654. Based on 1,800 hours, this is 2.39 FTE. Applying the lowest pay rate to the additional 2.03
FTE, Table II provides an equivalent cost difference between MCE staff and an assumed number of in-
house staff of just under $471,948 per year.
While the above in-house figures do consider an average amount of general leave, it should also be noted
that in the case of time off due to on-the-job injuries, the cost of the injured employee would continue to
be carried by the City, and it could additionally become necessary to hire temporary staff in order to
accomplish the same amount of work. In the case of MCE contract staff, since the City is only billed for
hours actually worked, the cost of an injured employee would not affect the City.
The in-house figures shown in Table II also do not include any incidental costs for the types of tools and
supplies (such as safety vests, hard hats, steel toe boots, rain gear, etc.) that are included in MCE's
overhead figures. While the MCE rates do not include the cost of City Staff time for contract
administration, the sample in-house costs likewise do not include any of the administrative time that
would be incurred by Human Resources, financial services or other management staff for personnel
management. These overhead charges could further expand the margin between contract maintenance and
in-house maintenance costs.
Vehicles and Equipment: Under the agreement, the City pays MCE a specific hourly rate for major
equipment, such as vehicles, power trimmers, blowers, and the like. If the City were to purchase such
equipment, it would incur the initial capital cost for the purchase, as well as the ongoing fuel and
maintenance cost. At this time, the City owns few vehicles and very little equipment of the type that
would be used by maintenance staff. As the closest example among existing City vehicles, the annual
budgeted cost for fuel, maintenance, and depreciation for a Public Works Inspector's truck (full-size
pickup) is approximately $6,974 per vehicle per year, based on a 7-year life span. These budget estimates
include a factor for normal repairs but not for extraordinary repairs.
Based on approximately 312 days of use per year, 6 days per week, 7 hours per day (2,184 hours per year),
the hourly operating cost for an inspector vehicle is $3.19, which is considerably less than the $8.65 per
hour rate for a comparable MCE pickup. The portion of the $8.65 MCE cost that includes the
depreciation, fuel, and maintenance components is $4.71; the balance pays the cost of insurance, tools,
uniforms and gear, licensing and administrative costs. MCE depreciates trucks on a five-year cycle,
which would cause their percentage of depreciation to be somewhat higher than the City's. MCE is
Page 3 of6
currently utilizing a total of 16 pickup truck or flatbed type vehicles, which are billed to the City based on
actual hours used, and budgeted based on 1,950 hours per year.
Staff considered the possibility of purchasing the vehicles to be used by MCE personnel, similar to the
purchase of police vehicles which are used by the contract police personnel. On the basis that the current
corporation yard does not have sufficient parking space, the large capital expenditure that would be
required to obtain the equipment, the additional staff time required for purchasing, accounting, vehicle
maintenance, and other administrative functions, and potential liability issues concerned with ownership
of vehicles, it is recommended that the vehicles continue to be included in this contract.
COMPARISON TO OTHER CONTRACTORS
This contract has not been competitively bid because the City has wanted to continue utilizing one
maintenance contractor for all of the diverse services provided, rather than contracting with a number of
different firms. The contract was bid several years ago, but there were no other suitable service providers
that could meet the City's needs. Two of the City's landscape maintenance assessment districts are
currently being served by a different contractor, TruGreen LandCare, whose performance is overseen and
supplemented by MCE staff. Other services that are provided by different contractors and managed
directly by City Staff are street sweeping, traffic signal and street lighting maintenance, striping and
marking maintenance, and some of the specialized building maintenance functions. As noted on the first
page of this staff report, there are 14 major maintenance functions, plus management, which are provided
through MCE's contract, either by MCE staff or by various subcontractors. At this time, Staff has not
discovered another single contractor which can provide all of these services, particularly with a crew that
is assigned specifically to Dublin rather than being subcontracted.
The benefit to utilizing a single contractor is that the staff time needed to manage and coordinate the
contract work is reduced significantly. The Maintenance Superintendent position currently provided by
MCE would likely have to become a staff position in order to manage multiple contracts, monitor
performance, and coordinate the work. Having a crew "assigned" to Dublin also provides for a more
versatile contract staff that can work on multiple types of maintenance, providing a timely response when
needed. While some maintenance functions are scheduled and performed on a routine basis, other
services are performed as needed or requested, notably response to emergency situations such as an
obstruction in the right-of-way, a plumbing leak, flooding, spill cleanup, a missing traffic sign, and so
forth. MCE staff are listed on the City's emergency callout sheet and respond on a 24-hour, 7-day per
week basis.
Since the City requires payment of prevailing wages for all applicable contracts, it is not likely that the
rates charged by other contractors for the same work would be substantially different. As noted in the
personnel cost section above, the cost of an in-house Superintendent-level staff member to manage
multiple contracts could be considerably higher than the cost of the MCE Superintendent. The example
given is a differential of approximately $29,000 per year, based on an average pay rate plus benefits.
When the contract with TruGreen LandCare was initiated in Fiscal Year 2002-2003, the cost for
maintenance in the two assessment districts did not change appreciably; the work was bid primarily to
satisfy requests from the District residents that the opportunity to perform the work be offered to other
vendors. It was interesting to note that the prices bid were commensurate with the cost that had
historically been paid to MCE Corporation for maintaining these two Districts. MCE has continued to
Page 4 of6
monitor TruGreen's work, and has also resumed performing all of the irrigation repairs in order to
accomplish the work in an expert and timely manner.
Quality Assurance and Expertise
Several years ago, Staff and MCE established a set of condition standards for landscaped areas. Staff has
been working with MCE for the past year on establishing a set of similar standards for buildings, and
expects to have these standards in place before the end of Fiscal Year 2006-2007.
MCE has also instituted a system for Quality Assurance (QA) inspections. These inspections are
performed on a monthly basis and items noted are added into a list that is posted on MCE's website. Both
MCE staff and City Staff have the ability to add items to the list at any time. Items that are noticed by
MCE field personnel as needing correction are also entered into the list. As the corrections are made, the
list is updated so that there is a continuous tracking system.
In addition to MCE's QA report, Public Works Staff has continued its Service Request System, which
primarily tracks work requests for buildings. Most building maintenance requests are generated by Staff.
Following completion of a request, Public Works Staff distributes a rating form requesting feedback on
work quality, promptness, and courtesy. The following table delineates the number of requests received
during the past three fiscal years, the average number of days for completion, and the average rating
received out of a possible 4.0 (4 being excellent, 1 being poor.)
Building Maintenance Request Data 2005-06 2004-05 2003-04
Number of Requests 503 495 401
Average Days to Complete 4.04 5.77 5.0
Average Rating 3.86 3.79 3.89
MCE staff also participates in the City's Request Partner System, receiving and responding to requests
related to their activities.
Safety and Insurance
MCE has provided copies of all requested documentation, including an Illness and Injury Prevention Plan
(IIPP), Emergency Action Plan (EAP), Material Safety Data Sheets (MSDS) for all products used,
certifications for the use of materials such as pesticides and herbicides, training programs, etc. MCE
participates in Spare the Air Days by reducing the use of gasoline powered equipment, and complies with
adopted environmental regulations and as many recycling practices as possible. As a part of the
agreement package, MCE also provides specific levels and types of liability, auto liability, and workers
compensation insurance. Under the terms of the agreement, MCE is responsible for its personnel
management, which includes safety and other training programs.
PROPOSED NEW AGREEMENT
As previously noted, the City Attorney has been working with MCE's Counsel in order to adapt the City's
standard form agreement for MCE. The primary differences between the old agreement and the new form
are in the areas of insurance requirements, indemnification, and delineation of the various responsibilities
of the City and of MCE related to employment and supervision practices. The operative portion of the
agreement, Exhibit A (scope of work), includes general descriptions of the various budgeted work
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activities. Exhibit B (compensation) continues to be the tables generated by MCE Corporation which
detail unit costs for labor, vehicles, and subcontractors. The costs contained within Exhibit B of the
proposed agreement are the same as those contained within the interim amendment that was approved by
the City Council in June.
RECOMMENDATION
Staff recommends that the City Council (1) Review the services provided by MCE Corporation, and (2)
adopt the resolution approving a new three-year agreement.
Page 6 of6
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT WITH MCE CORPORATION
FOR PUBLIC WORKS MAINTENANCE SERVICES
WHEREAS, the current agreement with MCE Corporation for Public Works Maintenance
Services expired on June 30, 2006, and was extended on an interim basis until June 30, 2007; and
WHEREAS, a new three-year Agreement has been prepared which has been reviewed by both the
City and MCE Corporation; and
WHEREAS, the rates and budgets which were approved by the City Council as part of the interim
amendment remain in effect for Fiscal Year 2006-2007; and
WHEREAS, the proposed agreement allows for annual rate adjustments as of July 1 of each
succeeding fiscal year, subject to approval of the City Council;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve a new three-year agreement with MCE Corporation with an effective date of October 3,
2006.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached
hereto as "Exhibit A."
PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:\consultants\MCE\reso agrt 06
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MCE CORPORATION, INC.
THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City")
and MCE CORPORATION, INC. ("Consultant") as of October 3,2006.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
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 30,2009, unless the term of the Agreement is otherwise terminated
or extended, as provided for in Section 8. The time provided to Consultant 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. Consultant 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 Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a manner that conforms to the standards of quality normally
observed by a person practicing in Consultant's profession.
1.3 Time. Consultant 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 Consultant's obligations hereunder.
Consultant shall not be responsible for delays beyond Consultant's reasonable control.
1.4 Emplovment and Supervision of Personnel. Means and Methods of Work.
1.4.1 Consultant's Obli!:lations. The Consultant agrees, as follows:
a. Consultant shall have the responsibility for supervising all of Consultant's
employees performing work under this Agreement.
b. Consultant shall be solely responsible for determining what personnel are
required to perform the services required. City may, however, request
reassignment of any personnel assigned by Consultant to provide
services pursuant to this Agreement. Consultant shall reasonably
consider but is not required to make the requested reassignment.
c. Consultant shall be solely responsible for interviewing, selecting, hiring,
reviewing, and promoting its employees.
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
EXHIBIT
A.
To the Resolution
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d. Consultant shall be solely responsible for performing periodic performance
reviews of its employees performing work under this Agreement.
e. Consultant shall be solely responsible for establishing standards of
performance for its employees, consistent with the requirements which
must be satisfied in order for Consultant to satisfactorily perform its
services under this Agreement.
f. Consultant shall be solely responsible for the temporary or permanent
reassignment of its employees as Consultant shall deem appropriate, after
reasonably considering any request from City.
g. Consultant shall be solely responsible for replacing any employees
providing services to City on behalf of Consultant.
h. Consultant shall be solely responsible for setting policy for the business
expense reimbursement of its employees, if any.
i. Consultant shall be solely responsible for determining the compensation
and benefits of its employees,
j. Consultant shall in its sole discretion determine what employment benefits
it may provide to its employees, Consultant acknowledges that its
employees are not entitled to benefits provided under the Public
Employees Retirement System ("PERS"), as they are not City employees.
k. Consultant shall be solely responsible for determining the hours of
employment of its employees, but for administrative efficiency shall review
City's general operating hours when making such determinations.
I. Consultant 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. Consultant shall be solely responsible for all matters pertaining to the
discipline of its employees.
n. Consultant shall be solely responsible for providing professional training to
its employees.
o. To the extent that any professional licenses may be required, Consultant
shall be solely responsible for assuring that its employees maintain all
such professional licenses.
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3, 2006
Page 2 of 14
p. The Consultant shall make all appropriate withholdings from each of its
employee's compensation as may be required by Federal, State and local
law.
q. The Consultant, not the City, shall have the sole right to control the
details, means and methods of the services performed by Consultant's
employees.
r. Consultant shall be solely responsible for determining which of
Consultant's employees performs any specific services,
s. Consultant shall be responsible for determining the sequence and order in
which any services are to be performed by Consultant's employees.
t Consultant shall be solely responsible for providing its employees with
such equipment and facilities as they may require in order to perform the
work under this Agreement.
U. Consultant 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. Consultant shall be solely responsible to locate its employees at such
locations as Consultant deems advisable to effectively perform its services
to the City.
w. Consultant shall be solely responsible for negotiating and administrating
all labor relations agreements and personnel rules and procedures
between Consultant and its employees rendering services pursuant to this
Agreement.
X. Consultant shall not at any time identify its employees as employees of
the City, and Consultant 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
Consultant's employees shall clearly identify them as employees of
Consultant, and any uniforms worn by Consultant's employees shall
clearly identify them as employees of MCE performing work for the City.
y. Consultant shall issue to its employees the appropriate W-2 forms as
required by the Internal Revenue Code.
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3,2006
Page 3 of 14
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1.4.2 City's ObliQations. City agrees, as follows:
a. City shall not interfere with Consultant's supervision of Consultant's
employees.
b. City shall not interfere with Consultant's determination of which of
Consultant's personnel are assigned to perform the services required
under this Agreement. City may, however, request reassignment of any
personnel assigned by Consultant to provide services pursuant to this
Agreement. Consultant shall reasonably consider but is not required to
make the requested reassignment.
c. City shall not interfere with Consultant's hiring of personnel.
d. City shall not perform any reviews of Consultant's personnel and shall not
discuss with Consultant's personnel any matters relating to their
performance, except that the City's Contract Administrator may
communicate to Consultant's representative a request for reassignment of
Consultant employees providing service under this Agreement.
e. City shall not interfere with Consultant's decisions relative to which of
Consultant's personnel shall be temporarily or permanently reassigned to
work on Consultant's projects for other clients.
f. City shall not interfere with Consultant's decisions to replace any
employees providing services to City on behalf of Consultant.
g. City shall not interfere with Consultant's establishment of policies relating
to business expense reimbursement of Consultant's employees, if any.
h. City shall not interfere with Consultant's determination of the
compensation and benefits of Consultant's employees.
i. Consultant is and at all times has been an independent contractor,
Consultant's personnel are and at all times have been employees of
Consultant and not employees of City and that neither City nor Consultant
is/were obligated by any statute, rules or decisional law to make
contributions to PERS on behalf of one or more of Consultant's
employees. City shall not interfere with Consultant's establishment of
retirement plans or other benefits for Consultant's employees. City shall
make no representation to Consultant's employees that Consultant's
employees are entitled to membership in PERS or that Consultant's
employees are entitled to any benefits afforded to City's employees under
the California Public Employees' Retirement System.
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3, 2006
Page 4 of 14
J. City shall not interfere with Consultant establishment of working hours for
Consultant's employees but may inform Consultant 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 Consultant's decision to approve
or disapprove any request from a Consultant employee for vacation time.
City may, however, inform Consultant of its holiday schedule.
I. City shall not interfere with disciplinary measures taken by Consultant with
its employees.
m. City shall not interfere with Consultant's right to control the details, means
and methods of the services performed by Consultant's employees but
may provide Consultant with information regarding standards contained in
the City's Resource Management Plan dated April 2003 and set forth in
the City's RFQ for park and landscape maintenance.
n. City shall not interfere with Consultant's determinations relating to which
of Consultant's employees are assigned to perform any specific services.
0, City shall not interfere with Consultant's determinations of the sequence or
order in which any services are performed by Consultant's employees.
p, City shall not interfere with Consultant's determinations of where to locate
Consultant's employees.
q. City shall not interfere with Consultant's negotiation and administration of
any labor relations agreements and personnel rules and procedures.
r. City shall not at any time identify Consultant's employees as employees of
the City.
1.4.3 Communication Regarding Performance of Work. To the extent
administratively feasible, City and Consultant shall make reasonable efforts to limit
communication between the City's Contract Administrator and Consultant's
employees performing services under this Agreement regarding the work to be
performed. The Contract Administrator shall forward calls for service and
emergency repairs and questions from the public to Consultant's Maintenance
Supervisor, and Consultant's Maintenance Supervisor shall relay that information
to the Consultant employees performing services under this Agreement. Any
discussions regarding the overall implementation of the scope of services shall be
between City's Contract Administrator and Consultant's representative.
Consultant's representative shall communicate the implementation plan to and
supervise Consultant's Maintenance Supervisor, who shall oversee the
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3,2006
Page 5 of 14
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performance of work by Consultant employees. Consultant employees shall
provide status updates to Consultant's Maintenance Supervisor, who shall
communicate the information to Consultant's representative who shall discuss
progress in implementing the scope of services with City's Contract Administrator.
The foregoing limitations shall not apply in cases of emergency, in which event
City and Consultant employees may communicate as necessary to address the
emergency conditions. Additionally, City's Contract Administrator and
Consultant's Maintenance Supervisor may communicate directly, when necessary
to clarify details of the implementation of the scope of services.
Section 2. COMPENSATION. City hereby agrees to pay Consultant the sum or sums set forth in
Exhibit B for services to be performed and reimbursable costs incurred under this Agreement. City shall
pay Consultant 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 Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person,
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices, Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Clear numerical identification, with no duplication of numbering;
· The beginning and ending dates of the billing period;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant pertorming services
hereunder;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily pertormed, 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 Consultant.
2,3 Total Payment. Unless specifically set forth in Exhibit B, City shall not pay any additional
sum for any expense or cost whatsoever incurred by Consultant in rendering services
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3, 2006
Page 6 of 14
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pursuant to this Agreement. Unless specifically set forth in Exhibit B, City shall make no
payment for any extra, further, or additional service pursuant to this Agreement.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the Compensation Schedule attached hereto as Exhibit B.
2.5 Payment of Taxes. Consultant 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 Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination, Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.7 Rate Adiustments. Consultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement. the amount of said increase to be approved by the
City in conjunction with the annual budget process described in Exhibit B. The base for
computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for
the San Francisco-Oakland Bay Area published by the U.S, Department of Labor, Bureau
of Labor Statistics (Index) which is published for the year ending in February. If the Index
has increased over the Index far the prior year, the rates for the following year shall be
established by multiplying the rates for the current year by a fraction, the numerator of
which is the Renewal Index and the denominator of which is the Index for the preceding
year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit
B. A sample calculation is set forth below, The Public Works Director shall calculate the
adjusted rate on each anniversary date of this agreement and shall provide notice to
Consultant of such new rates.
SAMPLE CALCULATION: (Using 1% index increase as an example)
HOURLY CHARGE RATE
INDEX INCREASE (Assuming 1 %) 150 x ,01 = 1,50
$150.00/hr
1.50/hr
$151,50/hr
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records
and the information in possession of the City, City shall continue to fumish a yard facility from which
routine maintenance may be dispatched, The location, quantity, and time of furnishing those facilities shall
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3, 2006
Page 7 of 14
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be in 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,
Consultant, 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 Consultant and its agents, representatives, employees. Consultant 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. Consultant 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 Consultant's bid. Verification of the required insurance shall be submitted and made part of
this Agreement prior to execution.
4.1 Verification of Coveraae. Consultant has furnished and City has approved the insurance
coverages and limits sets forth in the policies described in the certificate of insurance with
endorsements by California Insurance Center dated August 9, 2006. Consultant shall
maintain the same coverages, scope, and limits that are set forth in the certificate of
insurance with endorsements as approved for the duration of this Agreement.
4.2 Notice of Reduction in Coveraae. In the event that any coverage approved pursuant to
Paragraph 4,1 is reduced, limited, or materially affected in any other manner, Consultant
shall provide written notice to City at Consultant's earliest possible opportunity and in no
case later than five days after Consultant is notified of the change in coverage,
4.3 Remedies. In addition to any other remedies City may have if Consultant 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
Consultant'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 Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
defend, indemnify and hold harmless City and its officers, officials, employees, agents and volunteers from
any and all liability, loss, damage, claims, expenses, attorneys fees and costs caused either directly or
indirectly by Consultant's negligent act or omissions in the performance Services defined by this
Agreement. The Consultant's indemnity obligations hereunder exists irrespective of whether or not a third
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc,
October 3, 2006
Page 8 of 14
party claimant specifically identifies Consultant in his claim; and irrespective of whether or not such
claimant actually joins Consultant as a party to any litigation. The Consultant must respond within 30 days
to any tender the City may make hereunder of its defense and indemnity, unless the time has been
extended by the City. Failure to so respond may subject Consultant to liability for detriment caused to the
City by delay.
In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant 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 CONSULTANT.
6.1
Independent Contractor. At all times during the term of this Agreement Consultant
shall be an independent contractor and shall not be an employee of City. City shall have
the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement; otherwise City shall not have the right to control the means or
methods by which Consultant accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance
to the contrary, Consultant 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 or Consultant for employer contributions and/or employee contributions for
PERS benefits.
6.2
Consultant No AQent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7.
LEGAL REQUIREMENTS.
7.1
GoverninQ Law. The laws of the State of California shall govern this Agreement.
7.2
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3
Other Governmental ReQulations. To the extent that this Agreement may be funded
by fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3, 2006
Page 9 of 14
10
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such fiscal assistance program, provided that Consultant has actual notice of such rules
and regulations,
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and EQual Opportunity. Consultant 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 Consultant under this
Agreement. Consultant 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 Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.
TERMINATION AND MODIFICATION.
8.1 Termination. Either party may cancel this Agreement upon ninety (90) days' written
notice to the other party,
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
Notwithstanding the foregoing, City shall not require Consultant to deliver Consultant's
Maintenance Management System and/or associated proprietary software to the City as a
condition of payment of compensation.
8.2 Amendments. The parties may amend, or extend the term of, this Agreement only by a
writing signed by all the parties,
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3,2006
Page 10 of 14
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8.3 Assianment and Subcontractina. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant'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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. No portion of the work pertinent to this contract
shall be subcontracted without written authorization by the Contract Administrator, except
that which is expressly identified in the Contractor's proposal. At the time that the
Contractor Administrator's written authorization is sought for the subcontracting of work,
Consultant shall submit certificates of insurance demonstrating the insurances coverages
maintained by the Subcontractor and limits thereof in order for the City evaluate the
adequacy of the subcontractor's insurance for the work to be performed. Consultant will
be solely responsible for payment for such subcontract services. No contractual
relationship will exist between any such subcontractors of the Consultant and the City,
8.4 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
survive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.5.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.5.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
9.1
Records Created as Part of Consultanfs 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
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant 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
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3,2006
Page 11 of 14
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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 Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant 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 final payment under
the then current term of the 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 Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the then-current term of the Agreement
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this 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.
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3, 2006
Page 12 of 14
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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 Recvcled Products. Consultant 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. Consultant may seNe other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Govemment Code Section 81000 et seq,
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant 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 Consultant was
an employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code 91090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code 9 1090 and,
if applicable, will be disqualified from holding public office in .the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
inteNiew related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Melissa Morton,
Public Works Director ("Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
10.10 Prevailing Waae. Consultant shall comply with the provisions of Labor Code Section
1770 et seq., with respect to payment of prevailing wages, maintenance of payroll records,
and payment of penalties under Labor Code Section 1775.
10.11 Work for Third.Parties. Consultant shall inform City of private clients within the corporate
boundaries or sphere of influence of the City during the term of this Agreement.
Consultant 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.
Consulting SeNices Agreement between
City of Dublin and MCE Corporation, Inc.
October 3,2006
Page 13 of 14
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10.12 Notices.
Any written notice to Consultant shall be sent to:
MCE Corporation
6515 Trinity Court
Dublin, CA 94568
Any written notice to City shall be sent to:
Melissa Morton
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.13 Intearation. This Agreement, including the exhibits described in Section 10.15,
represents the entire and integrated agreement between City and Consultant 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 Services"; and (b) Exhibit B entitled "Compensation Schedule;" including Tables
I, II, III, and IV.
CITY OF DUBLIN
MC(l;;,o)r~
Charles A. Fletcher, President
Janet Lockhart, Mayor
Attest
Fawn Holman, City Clerk
Approved as to Form:
Elizabeth Silver, City Attorney
8052159
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.
October 3,2006
Page 14 of 14
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EXHIBIT A
SCOPE OF SERVICES
A Work. City has retained contractor to arrange for, supervise and manage the performance
of work described in items 1 through 33 below.
1. Street Repair. (206-30200-740-020.) Street repair including pothole patching, crack filling and
other asphalt pavement repairs as requested by the City.
2. Drainaae Maintenance. (206-30200-740-021.) Storm drainage system maintenance using gas tax
funds includes mechanical flushing of storm drains, the annual inspection and cleaning of catch
basins, the cleaning of concrete v-ditches, and the clearing of stream channels of tree limbs and
other vegetation debris.
3. Drainaqe Maintenance (G.F.) (001-30200-740-021.) Drainage maintenance using general funds
for routine cleaning of the G-3 box culvert along the north side of 1-580 between Fallon and
Tassajara Roads.
4. Storm Patrol. (206-30200-740-022.) 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.
5. Curb & Gutter/Sidewalk. (206-30200-740-023.) 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.
6. Sian Repairs/Install. (206-30200-740-024.) Installation of a complete new sign, including post,
where no sign previously existed as requested by City. Removal of a sign that has lost its legibility
or reflectivity or has been damaged and install a new sign on the existing post as requested by
City.
7. Neiahborhood Watch. (001-30200-740-024.) Installation of new neighborhood watch signs.
8. Stripina and Markinq. (206-30200-740-025.) The restriping or remarking of existing stripes and
legends on a limited basis 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.
9. Guardrail Repair. (206-30200-740-026.) Straighten, replace or repair damaged guardrail and posts
as well as paint guardrail.
10. Weed Abatement. (206-30200-740-027.) Cutting of weeds and vegetation in unimproved (non-
landscaped) areas, landscaped or natural slope areas, firebreaks and open space areas with
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.-Exhibit A
October 3,2006
Page 1 of 5
laborers using hand operated brush cutters, discing, or mowers. Includes application of pre- and.
post-emergent chemicals to control the growth of weed and other vegetation in unimproved areas.
11. Bike Path Maintenance. (206-30200-740-028.) 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.
12. Spill Clean-Up. (206-30200-740-030.) 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. Clean-up from accidents, spilled
materials or assisting other crews performing such functions would be included.
13. Maintenance Supervision. (001-30100-740-029.) Time spent by a superintendent or an hourly
foreman involved in managing the maintenance operation such as meeting with City officials,
preparation of annual budgets, administration of personnel, etc.
14, Street Tree Maintenance. (001-30400-740-000.) Maintenance of City-owned street median trees
including trimming, pruning, fertilizing, spraying, and removal of trees.
15. Staqecoach AD. Trees. (711-30400-740-000.) Maintenance of Stagecoach Assessment District
trees including trimming, pruning, fertilizing, spraying, and removal of trees.
16. Douqhertv AD. Trees. (713-30400-740-000,) Maintenance of Dougherty Assessment District
trees including trimming, pruning, fertilizing, spraying, and removal of trees.
17. Santa Rita AD. Trees. (716-30400-740-000.) Maintenance of Santa Rita Assessment District
trees including trimming, pruning, fertilizing, spraying, and removal of trees.
18. Landscape Maintenance. (001-30500-740-000.) Maintenance of street median landscape areas
including turf, bedding plants, shrubs, irrigation systems, and rodent control, Excludes Street Tree
Maintenance (see item 14 above).
19. Community Promotion. (001-30500-731-000.) Assistance in provision of community events such
as parades, holiday events, festivals, etc.
20, Staqecoach AD. Landscape. (711-30500-740-000.) Maintenance of Stagecoach Assessment
District median landscape areas. Includes mostly the supervision of City direct contractor that
maintains bedding plants and shrubs. MCE Corporation performs irrigation system repairs and
rodent control. Excludes Street Tree Maintenance (see item 14 above),
21. Douqhertv AD. Landscape. (713-30500-740-000.) Maintenance of Dougherty Assessment
District median landscape areas. Includes mostly the supervision of City direct contractor that
maintains turf, bedding plants and shrubs. MCE Corporation performs irrigation system repairs and
rodent control, Excludes Street Tree Maintenance (see item 14 above).
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.-Exhibit A
October 3, 2006
Page 2 of 5
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22. Santa Rita AD. Landscape. (716-30500-740-000,) Maintenance of Santa Rita Assessment
District median landscape areas including turf, bedding plants, shrubs, irrigation systems, and
rodent control. Excludes Street Tree Maintenance (see Section 14 above).
23. Park Maintenance. (001-80200-740-000.) Maintenance of park landscape areas including turf,
bedding plants, trees, shrubs, irrigation systems, hardscapes, and rodent control. ExcludesDublin
Cemetery and the grounds at the three fire stations.
24. Buildinq Manaqement. (001-10500-740-000.) Maintenance of various City-owned buildings and
facilities including in-house and specialty contractor work. This includes Preventive Maintenance
Inspections and repairs.
25, Shannon Center Buildino. (001-80500-740-000.) Maintenance of the Shannon Center building
including in-house and specialty contractor work. This includes Preventive Maintenance
Inspections and repairs.
26. Swim Center Buildinq. (001-81000-740-000.) Maintenance of the Swim Center building including
in-house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
27. New Senior Center. (001-80800-740-000.) Maintenance of the New Senior Center building
including in-house and specialty contractor work, This includes Preventive Maintenance
Inspections and repairs.
28. Dublin Library. (001-80100-740-000.) Maintenance of the Dublin Library building including in-
house and specialty contractor work. This includes Preventive Maintenance Inspections and
repairs.
29. Heritage Center. (001-80120-740-000.) Maintenance of the Heritage Center building including in-
house and specialty contractor work, This includes Preventive Maintenance Inspections and
repairs.
30. Dublin Cemetery. (001-80130-740-000.) Maintenance of Dublin Cemetery landscape areas
including bedding plants, trees, shrubs, irrigation systems, hardscapes, and rodent control.
31. Fire Station Buildinqs, (001-20600-740-012.) 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. (001-20600-740-013.) 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 listed above that is
performed at the request of the Public Works Director and for which the requester is providing the
funding and accounting code,
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.-Exhibit A
October 3,2006
Page 3 of 5
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Consultant specifically agrees to: (a) undertake direct responsibility for the performance of the
work in accordance with this Agreement; (b) provide directly, or through subcontractors, or as otherwise
permitted by this Agreement all labor, materials, and supervision necessary for proper performance of the
work in accordance with this Agreement; (c) furnish a Maintenance Superintendent to provide the
necessary liaison with the City Staff and the required coordination of workmen and materials in the
performance of the work; (d) comply with all laws, ordinances, rules, regulations, and requirements of
governmental authorities, pertaining to the performance of the work; (e) perform the work, contract for its
performance and supervise its performance in a good and workmanlike manner and in the most
expeditious, cost effective manner consistent with standard of performance set forth in Section 1.2 of the
Agreement; (0 perform all activities necessary and incidental to the orderly performance of the work.
B. Scheduled and Additional Work. All of the work described in items 1 through 32 above
is considered Scheduled Work. Item 33 is considered Additional Work. Consultant shall perform no work
in addition to Scheduled Work, unless: (a) it is Additional Work that is approved in advance by the Public
Works Director; or (b) an emergency situation exists necessitating that the Contractor 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, Consultant will proceed with the work to the extent necessary to relieve said danger
and shall specifically inform the Public Works Director of all Emergency Work accomplished.
C, Maintenance Supervision. The Consultant shall furnish a Maintenance Superintendent
to assume full responsibility for day-to-day maintenance operations, ensuring that resources required to
successfully complete the project are applied in a timely manner. In addition to providing the necessary
liaison with the City, the Maintenance Superintendent is responsible for: (a) making recommendations to
the Public Works Director of work that should be performed but which is not set forth in the Schedule of
Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e)
responding to citizen calls; (D assisting in contract administration; (g) maintaining activity reports; and (h)
generally administering public works maintenance functions,
D. Work SchedulinQ Procedures. To the extent possible, it is the intent of this Agreement
that the Work be performed on a scheduled, orderly basis. Prior to commencement of work, Consultant
shall prepare a schedule for the Public Works Director's review showing projected work to be performed
throughout the fiscal year, including information such as frequency of weeding, watering, and other parks
maintenance and other similar projected schedules of the work to be performed,
Consultant will prepare monthly work schedules and review them with the Public Works Director.
These schedules will represent specific work needs identified as the result of the Consultant's
recommendations and requests from the Public Works Director or his/her designee. Emphasis will be
placed on identifying needs to ensure proper timing of work (for example, ditches should be scheduled for
cleaning before winter rains). The Consultant will comply with reasonable requests of the Public Works
Director as to preferred locations for various types of work.
Consultant will use a service request form to ensure that complete information is obtained on work
needs and requests for service,
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc,-Exhibit A
October 3,2006
Page 4 of 5
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E. Work ReportinQ Procedures. Consultant shall submit a Monthly Work Summary Report
to the Public Works Director on or before the 15th day of the month summarizing work completed in the
previous month. These reports shall include a listing of work activities and work units completed, including
any Additional Work or Emergency Work performed; status of current and completed service requests; and
comparisons of annual work quantities and expenditures planned versus actual.
F. Additional Consultant Responsibilities. Consultant'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 Consultant or City representative, or
other appropriate agency.
G, Protection of Work and Public. Consultant shall take all necessary measures to protect
the work and prevent accidents during any and all phases of work. Consultant shall provide and maintain
all necessary barriers, flagmen, and/or signs during maintenance procedures.
Consultant will provide at no additional cost all the advance signing and barricading and also signs,
barricades, flashers, and other necessary facilities for the protection of the public within the limits of the
maintenance area while maintenance activities are proceeding,
H. Materials. Consultant will endeavor to secure materials from the lowest cost source
reasonably available.
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.-Exhibit A
October 3,2006
Page 5 of 5
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EXHIBIT B
COMPENSATION SCHEDULE
City shall pay Consultant an amount not to exceed Three Million Two Hundred Nineteen Thousand
Eight Hundred and Sixty-Seven Dollars and no cents ($ 3,219,867.00) for services to be performed during
the 2006-2007 fiscal year pursuant to this Agreement. The actual amount paid to the Consultant 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 III attached hereto or on at a per-unit
price as set forth in Table III attached hereto. The not-to-exceed amount set forth above, estimated costs
for each task set out in Table I are based in part on the Consultant's Performance Indicators set forth in
Table II and the Staffing Comparisons set forth in Table IV. Not-to-exceed compensation for future fiscal
years shall be determined during the City's budget process.
Consulting Services Agreement between
City of Dublin and MCE Corporation, Inc.-Exhibit B
October 3, 2006
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