HomeMy WebLinkAboutItem 4.08 MCE Service Agreement
CITY CLERK
File # DIfõ][Q]B1-~1O]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 7, 2005
SUBJECT:
Rcvicw of Services and Amendment to Agrccment With MCE
Corporation for Maintenance Services
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
3)
Resolution, together with Exhibit "A", Proposcd Amendment
Letter from MCE, with attachments
Current 3-Ycar Agreement, dated July I, 2003, and most
reccnt amendment
RECOMMENDATION: ~ Adopt resolution approving amendment to agreement
'\
FINANCIAL STATEMENT:
See Description
DESCRIPTION: MCE has providcd maintenance services to the City of Dublin since
1984. Services currently being provided by MCE are as follows:
· Bike Path Maintenance
· Building Management and Maintenance
· Curb, Gutter, and Sidewalk (emergency or temporary repair)
· Drainage Maintenance
· Guardrail Repair
· Park Maintenance
· Sign Installation, Repair & Maintcnance
· Spill Cleanup
· Storm Patrol/Cleanup
· Street Landscaping Maintenance
· Street Repair (emergency or temporary repair)
· Street Tree Maintenance
· Striping and Marking (emergency replacement)
· Weed Abatcmcnt
The current three-year contract with MCE Corporation for maintenance services expires on Junc 30, 2006,
and it is proposed to amend the agreement to provide for labor and equipment rate increases.
_____~~____________________ww_______~________________~M______~_
COPIES TO:
g:\engr~contract\mce\agst amendment 05-06
\CV~
MCE Corporation
ITEMNO.~
As in previous years, MCE has submitted a budget proposal for FY 2005-2006, which has been reviewed
by Staff in conjunetion with the budget process.
The contract language is proposed to remain the same for FY 2005-2006, except for the proposed rate
changes, which are discussed in the following paragraph and attached to the contract amendment.
Pronosed ChSRlles for 200~-2006
MCE is proposing an average 2% increase in labor rates fur both the crew assigned to Dublin, as well as
for the other MCE crews which provide certain specific services as needed, such as minor paving or
concrete repair. This 2% is essentially a cost of living increase. Equipment rates are proposed to increase
3% for over the road vehicles and 2% for the minor, low fuel consuming equipment. This increase is
primarily to keep pace with the cost of gasoline and diesel fuel. Most of the rates for work performed by
subcontractors are proposed to increase by 2% or less.
Total expenditures under MCE's contract for FY 2004-2005 are anticipated to be over budget by $47,526,
not including "additional work." "Additional work" covers items that are not a part of MCE's regular
maintenance budget, including work on or assistance with the management of Capital Projects. A
complete listing of variances from the budget is included in Table I of Attachment 2. The major areas that
are estimated to exceed the budget are as follows:
Community Promotion: MCE participated more extensively in community events than in prior years,
including Day on the Glen, the Tree Lighting Ceremony, St. Patrick's Day Parade and Festival, and the
Eggstravaganza. The estimated overage is approximately $16,100.
But/thng Management: An estimated $28,670 overage was due to more activity in areas of meeting room
setup, HV AC service and adjustments, and improvements resulting ITom safety inspections. The increase
in meeting room setup occurred as a result of the closure of Shannon Center and was offset by a reduction
of approximately $14,000 in the budget for the Shannon Center. Overages were also experienced in the
individual budgets for the Swim Center, existing Senior Center, and Heritage Center, which were primarily
related to safety improvements.
The overall budget for FY 2005-2006 is projected to be a total of $2,995,908 which represents an increase
of $193,142 (6.9%) over estimated FY 2004-2005. The primary reasons for the increase are MCE's
proposed rate adjustment, and specific increases in inventory as described below.
The largest individual variances between the FY 2005-2006 budget and the estimated actual FY 2004-2005
expenditures are in the categories of General Fund Street Landscape Maintenance (approximately $24,000)
and Park Maintenance (approximately $110,000), which are due to increases in areas to be maintained,
including Bray Commons and Emerald Glen Park Phase II for the full year, as well as Emerald Glen Phase
III for a partial year. The Santa Rita Landscape District maintenance cost is anticipated to increase by
$11 ,243, also due to the addition of new areas. Other line items projected to increase are trail and bike
path maintenance ($7,420) due to the addition of new portions of the Iron Horse Trail and Tassajara Creek
Trail, and drainage maintenance ($20,800). The increase in drainage maintenance is due to the addition of
the G-3 box culvert along 1-580 in Dublin Ranch, which will be funded from a designated General Fund
Reserve established in Fiscal Year 2004-2005 as the result of a development condition of approval.
Table J ofMCE's submittal (Attachment 2) identifies work activities and details actual expenditures fur the
prior two fiscal years, the adopted FY 2004-2005 budget, anticipated expenditures for FY 2004-2005,
{)..Db ::,
and the proposed budget for FY 2005-2006. Table II identifies the workload measures fur the various
work programs. Table III identifies the percentage of rate change for various work categories, and Table
IV provides a staffing comparison.
MCE's staffing level is proposed to increase for FY 2005-2006 by slightly more than one person total.
One person is proposed to be added in the Landscape Laborer 2 category, partially offset by a reduction in
the Landscape Laborer III category. The hours for the Foreman category were reduced in 2004-2005 due
to personnel changes, but will return to the normal level oftbree foremen in 2005-2006.
MCE is continuing the Quality Assurance Program, which involves routine inspections based on a system
of standards developed in 2003-2004 for Parks, Street Landscaping, and Street Tree Maintenance areas.
Any reported deficiencies are corrected in a timely manner. Staff is continuing to work on a system of
standards for Building Maintenance.
Recommendation
Staff recommends that the City Council adopt the resolution approving the amendment to the agreement.
'3 Db '3
I Db"::)?
RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENT TO AGREEMENT WITH MCE CORPORATION
FOR MAINTENANCE SERVICES
WHEREAS, the City Council approved an agreement with MCE Corporation for Public Works
Maintenance Services effective July 1, 2003; and
WHEREAS, said agreement providcd a detailed scope of work and labor rates for Fiscal Year
2003-2004 and was amended with updated rates for Fiscal Ycar 2004-2005; and
WHEREAS, said agreemcnt cntitled MCE Corporation (0 request a ratc adjustment during the
second and third years; and
WHEREAS, MCE Corporation is requesting an adjustment of rates for Fiscal Year 2005-2006,
which has been revicwed in conjunction with preparation ofthe budget for Fiscal Year 2005-2006;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendment (0 (he agreement with MCE Corporation, attached hereto as "Exhibit A,"
with an effective date of July I, 2005.
BE IT FURTHER RESOLVED that thc Mayor is authorized to execute the amendmcnt.
PASSED, APPROVED AND ADOPTED this 7th day of June, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
I,..-E: IV\ 'B I '5
lo)¡\o5'
g: lc<mtr(1[]t\mcelresolution amendment 2005
',,'"
.J
EXHIBIT "A" OF RESOLUTION _.05
;) DO 3-~
AMENDMENT TO AGREEMENT BETWEEN
CITY OF DUBLIN AND MCE CORPORATION
FOR PUBLIC WORKS MAINTENANCE SERVICES
WHEREAS,effective July 1, 2003, the City of Dublin (hereinafter referred to as "CITY" and
MCE Corporation (hereinafter referred to as "CONfRACTOR") entered into an agreement to provide Public
Works Maintenance Services to CITY (hereinafter referred to as "AGREEMENT); and
WHE1ŒAS, said AGREEMENT provided a schedule of rates for Fiscal Year 2003-04 and
was amended with updated rates for Fiscal Year 2004-2005; and
w;HEREAS, MCE has requested an adjustment of rates for Fisca1 Year 2005-2006;
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Exhibit B, "Payment Schedule," of the Agreement shall be replaced with the
rates indicated on Attachment 1 of this Amendment, "Proposed Rates and Unit Costs Revised May 24,2005."
Section 2.
Said Amendment shall be effective as of July 1, 2005.
CITY OF DUBLIN
MCE CORPORATION
Mayor
£ ¡? ~nt/~_.
President
ATTEST:
ATTEST
City Clerk
g:\wntr(1Ct\mcø\4mndm~nt m~ 200)
£x h'l b,'t· 't..: /I é'f:J
It Hadv,vI.QJ\..t t
TABLE III
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS OF MAY 24, 2005
3Db33
2004 - 2005
RATES
2006 - 2006
PROPOSED
RATES
CHANGE
PERCENT
CHANGE
MCE CREW EQUIPMENT RATES
GILCREST ASPHALT PAVER $120.00 HR $123.60 HR $3.60 3.0%
BLAW KNOX ASPHALT PAVER 75.00 HR 77.25 HR 2.25 3.0%
BACKHOE '17.50 HR 48.90 HR 1.40 2.9%
LOADER 44.25 HR 45.60 HR 1.35 3,1%
ROLLER-VIBRATORY 5-8 TON 40.75 HR 41.97 HR 1.22 3.0%
ROLLER-YIBRATORY 3-5 TON 40.75 HR 41.97 HR 1.22 3.0%
OUMP TRUCK 8-12 C.Y. 44.25 HR 45.60 HR 1.35 3.1%
DUMP TRUCK 4-6 C.Y. 40.75 HR 41.97 HR 122 3.0%
TRANSIT TRUCK 3 CY 40.75 HR 41.97 HR 1.22 3.0%
SAW TRUCK 34.00 HR 35.00 HR 1.00 2.9%
PICKUP 13.25 HR 13.65 HR 0.40 3.0%
CONCRETE SAW-SELF PROP. 35.00 HR 36.05 HR 1.05 3.0%
CONCRETE SAW-SMALL 6.75 HR 6.90 HR 0.15 2.2%
AIR COMPRESSOR 20.00 HR 20.40 HR 0.40 2.0%
BITUMAL POT 18.75 HR 19.10 HR 0.35 1.9%
VIBRA PLATE 10.50 HR 10.70 HR 0.20 1.9%
WACKER 10.50 HR 10.70 HR 0.20 1.9%
POWER BERM MACHINE 20.00 HR 20040 HR 0.40 2.0%
ARROW BOARD 15.00 HR 15.30 HR 030 2.0%
PAINT STRIPING MACHINE 15.00 HR 15.30 HR 0.30 2.0%
UNIT PRICES
CHEMICAL WEED CONTROL ROW. 161.00 AC 164.22 AC $3.22 2.0%
FUNGUS SPRAYING - TREES 6.10 EA 6.21 EA 0.11 1.8%
(50 TREE MINIMUM)
FERTILIZE ONLY TURF
o ALL PARKS 131.80 AC 134.45 AC $265 2.0%
o FIRESTATIONS 28.75 EA 2875 EA $0.00 0.0%
k~C.M. DocumenlslOllblinlaudge\lDublin, city 01- Tebl.. - 2005-2006
5/24/2005
TABLE III
CITY OF DUBLIN
PROPOSED RATES AND UNIT .COSTS
AS OF MAY 24, 2005
Lf O,,6~;;;'
2006 - 2006
2004 - 2006 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
DUBLIN CREW LABOR RATES
MAINTENANCE SUPERINTENDENT $55.50 HR $56.60 HR $1.10 2.0%
MAINTENANCE SUPERVISOR $48.80 HR $49.80 HR $100 2.0%
LANDSCAPE FORE PERSON 42.50 HR 43.30 HR 0.80 1.9%
LANDSCAPE LABORER I 35.70 HR 36,40 HR 0.70 2.0%
LANDSCAPE LABORER II 30,40 HR 31.00 HR 0,60 2.0%
LANDSCAPE LABORER 24.30 HR 24.80 HR 0.50 2.1%
DUBLIN CREW EQUIPMENT RATES
PICKUP RANGER/SUPERCAB 7,15 HR 7.35 HR $020 2.8%
F150 PICKUP 8.15 HR 8.40 HR $0.25 3.1%
F250 PICKUP/UTILITY BED 8.65 HR 8.90 HR $0.25 2.9%
F350 & F450 FLATBED 9.70 HR 10.00 HR 0.30 3.1%
CHAIN SAW 5.80 HR 5.90 HR 0.10 1,7%
BRUSH CUTTER 5.15 HR 5.25 HR 0.10 1.9%
POWER BLOWER 2.15 HR 2.20 HR 0.05 2.3%
POWER HEDGE TRIMMER 3.60 HR 3.65 HR 0.05 1,4%
TRAILER SMALL (8') 2.60 HR 2.65 HR 0.05 1.9%
POWER WASHER 12.60 HR 12.85 HR 0.25 2.0%
ELECTRIC WELDER 7.00 HR 7.15 HR 0.15 2,1%
PORTABLE GENERATOR 5.60 HR 5.70 HR 0.10 1.8%
WATER TRAILER 9.80 HR 10.00 HR 0.20 2.0%
UTILITY CART 3.90 HR 4.00 HR 0.10 2.6%
HAND HELD MEDIAN SCRUBBER 5.20 HR 5.30 HR 0.10 1.9%
MCE CREW LABOR RATES
SUPERINTENDENT $85.00 HR $66.70 HR $1.70 2.0%
LOADER/BACKHOE OPERATOR 84.32 HR 86.00 HR 1.68 2.0%
ASPHALT PAVER OPERATOR 84.32 HR 86.00 HR 1.68 2.0%
ASPHALT PAVER SCREED MAN 81.81 HR 83.45 HR 1.64 2.0%
ROLLER OPERATOR 81.81 HR 83,45 HR 1.64 2.0%
TRUCK DRIVER 8-12 C.Y. 68.00 HR 69.35 HR 1.35 2.0%
TRUCK DRIVER 4-8 CY. 69.09 HR 70.50 HR 1,41 2.0%
TRUCK DRIVER 3 C.Y. TRANSIT 68.00 HR 69.35 HR 1.35 2.0%
CEMENT FINISHER 63.39 HR 64.65 HR 1.26 2.0%
LABORER FOREMAN 61.07 HR 62.30 HR 1.23 2.0%
RAKER 59.71 HR 60.90 HR 1.19 2.0%
LABORER I 59.43 HR 60.60 HR 1.17 2.0%
LABORER 2 5R25 HR 60.45 HR 1.20 2.0%
k,\C.M. DocumenlO\DübIIn\Budget\DubIin, City of - Table. "2005-2006 6I2~S
TABLE III
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS OF MAY 24, 2005
56b35
2006 - 2006
2004 - 2006 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
UNIT PRICES (CONTINUED ...1
FERTILIZE r BROADLEAF TURF
0 FIRE STATIONS 28.75 EA 28.75 EA $0.00 0.0%
o ALL STREETS 156.60 AC 159.70 AC $3.10 2.0%
o ALL PARKS 156.60 AC 159.70 AC 3.10 2.0%
AERATION TURF
0 FIRE STATIONS 28.75 EA 28.75 EA $0.00 0.0%
o STREETS 224.25 AC 228.74 AC $4.49 2.0%
o ALL PARKS 138.00 AC 140.76 AC 2.76 2.0%
MOW TURF
o STREET, FIRE STATION, 82.87 AC 84.47 AC $1.60 1.9%
STAGECOACH PARK
o ALL OTHER PARKS 55.26 AC 56.36 AC 1.10 2.0%
EDGING TURF
o STREETS, FIRE STATION, 17.62 MLF 17.97 MLF $0.35 2.0%
STAGECOACH PARK
o ALL OTHER PARKS 15.10 MLF 15.41 MLF 0.31 2.1%
CONTRACT BEDDING (ALL AREAS) 301.53 MO/AC 307.56 MorAC $603 2.0%
k:IC.M. DocumentslOubllnl6udgatlDubtln, city of - Tab!.. - 2005·2006
5/2412005
II MCE CORPORATION
Maintenance - Construction - Engineering
February 7, 2005
Ms. Diane Lowart
Director of Parks and Communi,ty Services
City of Dublin
100 Civic Plaza
Dublin, Califomia 94?68
Dear Diane and Melissa:
Ms. Melissa Morton
Director of Public Works
City of Dublin
100 Civic Plaza
Dublin, California 94568
/0 Db-:¿3
Enclosed are Tables I, II, III and IV for the initial 2005/2006 budgets for the City of Dublin. Tables I and
II that list the actual 200212003, actual 2003/2004, budget 200412005, estimated 2004/2005, and
proposed budget 2005/2006 dollar amounts and performance units of measurement respectively.
Table III lists the labor and equipment rates used in the 2005/2006 Work Programs. Labor rates for the
Dublin Crew and MCE Crew have been increased 2.0% over the 2004/2005 contracted rates to reflect
the projected Consumer Price Index increase. Equipment rates for both of the MCE Crews have been
raised 3% for over-the-road vehicles using fuel, and 2% for the low fuel consuming equipment to reflect
the continued high cost of gasoline and diesel. Subcontract prices have increased an average of 2%.
Table IV indicates an increase of approximately one full time person that reflects the increase in
workload associated with the new Senior Center building and grounds, and the addition of Emerald·
Glen Park for a six month period.
Please let me know if you have any questions and how I may be of further assistance.
Sincerely,
MCE CORPORATION
ßð?
Stan Smalley
President
SPS:kjh
cc: Joni Pattillo
Ginger Russell
Bob Cantrell
Enclosures
DUBLIN, CITY OF L TRS (CM DOCS - DUBLIN - W)
~
6515 Trinity Court, Dublin, California 94568-2686 . (925) 803-4111 . FAX (925) 803-4405
.._........_._n_........
TABLE I
CITY OF DUBLIN
PROPOSED BUDGETS
AS OF MAY 24, 200S
'ÎDb 33
PROPOSED PROPOSED
ACTUAL. ACTUAL. BUDGET ESTIMATED BUDGET
ACTIVITY 2002· 2003 2003 . 2004 2004 . 2006 2004.- 2006 2005 - 2006
STREET REPAIR $21,962 $11,231 $47,720 $ 47,723 $ 50,000
206-30200-740-020
DRAINAGE MAINT. $13,385 $12,801 $16,463 $ 15,655 $ 36,481
206-30200-740-021
STORM PATROL. $21,716 $13,913 $18,346 $ 21,174 $ 22,040
206-30200-740-022
CURB & GUTTER I $2,419 $13,661 $7,562 $ 7,584 $ 7,699
SIDEWALK
206-30200-740-023
SIGN REPAIRS/INSTALL. $53,045 $38,415 $52.184 $ 52.281 $ 55,000
206-30200-740-024
NEIGHBORHOOD WATCH $306 $454 $752 $ 665 $ 752
001-30200-740·024
STRIPING & MARKING $3,564 $1,791 $5,279 $ 5,279 $ 5,500
206-30200-740-025
GUARD RAIL REPAIR $0 $220 $199 $ 199 $ 203
206-30200-740-026
WEED ABATEMENT $56,150 $59,952 $56,292 $ 57,426 $ 58.137
206·30200-740-027
BIKE PATH MAINT. $9,655 $19,313 $39,705 $ 39,705 $ 47,125
206c30200-740·028
SPILL CLEANUP $14,012 $12.197 $13,510 $ 15,255 $ 15,881
206-30200-740-030
MAINTENANCE $119,056 $116,808 $121.029 $ 121.029 $ 124,970
SUPERVISION
001-30100-740.029
STREET TREE MAl NT. $76,663 $117,583 $97,352 $ 97,282 $ 99,430
001-30400-740-000
STAGECOACH A D. TREES $163 $1.307 $0 $ 99 $ 101
711·30400·740-000
DOUGHERTY A D. TREES $2,812 $2,549 $0 $ 792 $ 760
713-30400-740-000
SANTA RITA AD. TREES $6.442 $16,813 $16.887 $ 16,128 $ 17,716
716-30400-740-000
LANDSCAPE MAINT. $359,843 $425,030 $502,193 $ 500,329 $ 524,225
001-30500-740-000
Dublin. City or - T.blos· 200~·20œ
P.1
TABLE I
CITY OF DUBLIN
PROPOSED BUDGETS
AS OF MAY 24, 2005
6~33
PROPOSED PROPOSED
ACTUAL ACTUAL BUDGET ESTIMATED BUDGET
ACTIVITY 2002 - 2003 2003 - 2004 2004 - 2005 2004 - 2005 2005 - 2006
COMMUNITY PROMOTIONI $38,848 $70,995 $61.963 $ 76,071 $ 79,544
EVENTS
001-30500-731-000
STAGECOACH A. D. $23.165 $11,193 $11,832 $ 14,590 $ 15,190
LANDSCAPE
711-30500-740-000
DOUGHERTY A. D. $35,033 $18,028 $5,717 $ 10,542 $ 10,759
lANDSCAPE
713-30500-740-000
SANTA RITA A.D. $88,634 $111,374 $155,923 $ 149,764 $ 161,027
LANDSCAPE
716-30500-740-000
PARK MAINTENANCE $918,690 $1,059,021 $1,173,959 $ 1,168,885 $1,278.876
001-80200-740-000
BUILDING MANAGEMENT $208,086 $237,935 $152,051 $ 180,722 $ 179,947
001-10500-740-000
SHANNON CENTER BUILDING $24,139 $ 10,574 $ 7.605
001-80500-740.000
SWIM CENTER BUILDING $9,195 $ 17,059 $ 19.649
001-81000.740.000
CURRENT SENIOR CENTER BLDG. $7,246 $ 14,398 $
001.80800.740.000
NEW SENIOR CENTER $2,336 $ 2.336 $ 12,137
001.80BOO.740.0oo
DUBLIN LIBRARY $14,423 $36,909 $58,308 $ 58,832 $ 63,548
001-80100-740-000
HERITAGE CENTER $6,207 $5,097 $6,873 $ 8,404 $ 8,153
001-B0120-740.D00
DUBLIN CEMETERY $27,721 $43,181 $42,996 $ 42,546 $ 44,256
001-80130-740-000
FIRE STATION BUILDING $7,890 $19,766 $30,003 $ 30,511 $ 31,059
001·20600-740-000
FIRE STATION GROUNDS $2,054 $5,.254 $17,186 $ 16,887 $ 17,738
001-20600-740-000
ADDITIONAL WORK $119,056 $203,1 04 $0 $ 180,000 $
FUNDING ACCT. VARIES
TOTAL MCE
CONTRACT COST" $2,250,640 $.2,687,895 $2,755,.240 $ 2,982,766 $2,995,908
WIO ADDITIONAL WORK" $2.131,584 $2,464,791 $2,755.240 $ 2,802.766 $2,995,908
Dubün. CIlY of - Tabl" - 200ó-200G
Page 2
TABLE II
CITY OF DUBLIN
PERFORMANCE INDICATORS
AS OF MAY 24, 2005
q6b33
BUDGET PROPOSED
ACTUAL ACTUAL 2004 - 2005 ESTIMATED BUDGET
ACTIVITY 2002 ·2003 2003 . 201J¡1 FINAL 2004 - 2006 2005 - 2006
MAl NT. SUPERVISION A8-01 ,03 (D1) 1,955 HRS 1,934 1,936 1,936 1,964
30100-740.029-001
SPILLS A1-01, 02 (D1) 224 HRS 194 251 279 284
30200-740..027-206
JEMPORARY PATCHING A7-01 60 HRS 42 62 62 63
(D1) 30200-740..020-206
DRAINAGE INSPECTION D1-01 1,410 EA 1,656 1,703 1,735 1,833
(D1) 30200-740..021-222
CATCH BASINS CLEANED D1.02 850 EA 406 616 278 293
(D1) 30200-740-021-222
DITCH CLEANING D1..o4 (D1) 8,628 LF 4,428 8,838 7,458 7,458
30200-740-021-206
STORM PATROL. D2-01, 02 550 HRS 378 432 488 497
INSPECTION I REMOVAL (01)
30200-740..022-206
INSTALL NEW SIGNS 04..01, A5..o1 170 EA 197 272 272 287
(D1) 30200-740-024..001,206
SIGNS REPAIRED D4..o2, 03, AS-02 473 EA 111 140 140 148
(01) 30200-740-024..001,206
CURB PAINTING D5-01 (D1) 2,993 LF 1,607 3,991 3,991 3,991
30200-740-025-206
ROADSIDE SPRAYING D7..o1 67 AC 51 64 64 69
(D1) 30200-740-027-206
REMOVE & REPLACE ASPHALT 5,500 SF 3,000 13,000 13,000 13,800
BIKE PATH INVENTORY 3.15 AC 7.60 7,60 7.60 8.87
BIKE PATH MAINTENANCE D8-01 (01) 230 HRS 428 777 777 908
30200-740-028-206
TREEIBRUSH CUTTING A3-01 (D1) 196 HRS 320 214 214 218
30400-740-000-001,711,713,716
TREE STAKING A3-02(D1,D2,D3,D4,D9) 1,079 EA 505 860 762 812
30400-740-000-001,711,713,716
TREE PRUNINGA3-03,08,09, A4-03(D1 ,D2) 1,735 EA 2,372 2,173 2,271 2,373
(D3,D4,D9) 30400-740-000-001,711,713,716
TREE PLANTING A3-04(D1,D2,D3,D4) 53 EA 76 56 56 56
(D9}30400-740-Ooo-OO1,711,713,716
Dublin, City of - Table. - 2005-2006
TABLE II
CITY OF DUSLlN
PERFORMANCEIND~ATORS
AS OF MAY 24, 2005
/DrJÒ33
SUDGET PROPOSED
ACTUAL ACTUAL 2004 - 2005 ESTIMATED aUDGET
ACTIVITY 2002 - 2003 2003 - 2004 FINAL 2004 - 2005 2005 - 2006
TREE FERTILIZING A3-05 (01 ,02,D3,D4) EA 566 798 798 857
(09) 30400-740-060-001,711,713,716
TREE WATERING A3-06 (01) 1,710 EA 563 1,502 1,502 1,502
30400~740.ooo·oo1
TREE REMOVAL A2-07, A4-04(01 ,02,D3), 24 EA 32 52 62 69
(04,09) 30400-740-000-001,711,713,716
TREE TRIMMING A4-01 (01) SEA 17 150 150 150
SUBCONTRACTOR
30400·740-000-001
LITTER PICKUP A6..o1, AB..o2(01,02,03) 1,410 HRS 1.448 1,330 1,514 1,552
(04,09) 30200-740-000-001,711,713,716
LEAF CLEANUP AB"03(01.D2,D3.04,D9) 698 HRS 871 636 792 796
30500-740-000-001,711 ,713,716
PRUNE BEDDING PLANTS A6·1 0(D1 ,02) 933 HRS 1,097 1,778 1,715 1,770
(03,04,09) 30500-740..000..001,711,713,716
PRUNE SHRUBS A6"16 (01,02,03.09) 16,849 EA 20,112 25,488 20,050 20,352
30500-740-000..001,711,713,716
MOW MEOIAN TURF A6·21 (01.02,09) 246 AC 253 288 280 280
30500-740-000..001,713,716
EOGE MEOIAN TURF AB-22 (01,02,09) 564 MLF 561 810 761 761
30500-740-000..001,713,716
IRRIGATION INSPECTION/PROGRAM 22,755 STA 24,946 57,290 33,907 37,506
(STREETS) A6-30,31 (D1,02,03,04,09)
30500-740-000-001,711,713,716
IRRIGATION HEAO REPAIRA6-32(01,02) 1,775 EA 1,776 2,466 1,655 2,466
(03,04,09) 30500-740-000-001,711,713,716
OTHER IRRIGATION SYSTEM REPAIRS 560 HRS 653 825 877 947
(VALVES, BACKFLOWS, CONTROLLERS,
LINES) A6-33,34,35,36 (01,02,03,04,09)
30500-740-000-001,711,713,716
ILLEGAL SIGNS/HAZARDS A6--e0 (01,02) 191 HRS 275 204 324 324
(09) 30500-740-000..001,716
DubUn. City of - rabl..· 200S-20116
2
TABLE U
CITY OF DUBLIN
PERFORMANCE INDICATORS
AS OF MAY 24, 2005
"0ð33
BUDGET PROPOSED
ACTUAL ACTUAL 2004·2005 ESTIMATED BUDGET
ACTIVITY 2002 . 2003 2003 . 20~ FINAL 2004 . 2005 2005 . 2006
PARKS
ALL ARE BUDGET 80200-740-000-001
PARK TREE PRUNING A3-03,OS,09 674 EA 669 672 704 773
A4-01,03
LITTER PICKUP A6-01 2,173 HRS 2,362 2,741 2,355 2,608
PARK SHRUB PRUNING A6-16 3,608 EA 3,767 5,340 5,297 5,192
MOW PARK TURF A6-21 2,701 AC 3,049 3,341 3,318 3,536
EDGEPARKTURFA6·22 1,011 MLF 1,175 1,483 1,478 1,614
IRRIGATION INSPECTIONI 17,541 STA 17,609 31,008 24,516 34,194
PROGRAM (PARKS) A6-30,31
IRRIGATION HEAD REPAIRA6-32 1,119 EA 1,647 1,140 1,218 1,299
OTHER IRRIGATION SYSTEM 695 HRS 390 659 648 693
REPAIRS (VALVES, BACKFLOWS,
CONTROLLERS, LINES) A6-33,34,35,36&37
RESTROOM CUSTODIAL A9-03 1,801 HRS 1,930 2,202 2,459 2,692
PLAYCOURT CUSTODIAL A9·06 162 HRS 201 179 268 243
PLAYGROUND MAINTENANCE A9-09 892 HRS 862 1,177 868 1,062
FOUNTAIN MAINTENANCE A9.10 203 HRS 596 679 665 896
BALL FIELD PREP - GAMES A9-22 196 HRS 248 370 158 285
BALL FIELD MAlNT. A9-23,24 1,091 HRS 1,012 1,230 1,189 1,230
STORM PATROL & CLEANUP D2-01,02 379 HRS 239 223 188 300
Dublin, City 01· Tab"", 2005·2006
3
TABLE III
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS OF MAY 24, 2006
I;;;" Db "33
2004 - 2006
RATES
2005 . 2006
PROPOSED
RATES
CHANGE
PERCENT
CHANGE
MCE CREW EQUIPMENT RATES
GILCREST ASPHALT PAVER $120.00 HR $123.60 HR $3.60 3.0%
BLAW KNOX ASPHALT PAVER 75.00 HR 77.25 HR 2.25 3.0%
BACKHOE 47.50 HR 48.90 HR 1.40 2.9%
LOÃDER 44.25 HR 45.60 HR 1.35 3.1%
ROLLER-VIBRATORY 5-8 TON 40.75 HR 41.97 HR 1.22 3.0%
ROLLERNIBRATORY 3-5 TON 40.75 HR 41.97 HR 1.22 3.0%
DUMP TRUCK 8~12 C.Y. 44.25 HR 45.60 HR 1.35 3.1%
DUMP TRUCK 4-6 C.Y. 40.75 HR 41.97 HR 1.22 3.0%
TRANSIT TRUCK 3 C.Y. 40.75 HR 41.97 HR 1.22 3.0%
SAW TRUCK 34.00 HR 35.00 HR 1.00 2.9%
PICKUP 13.25 HR 13.65 HR 0.40 3.0%
CONCRETE SAW-SELF PROP. 35.00 HR 36.05 HR 1.05 3.0%
CONCRETE SAW-SMALL 6.75 HR 6.90 HR 0.15 2.2%
AIR COMPRESSOR 20.00 HR 20.40 HR 0.40 2.0%
BITUMAL POT 18.75 HR 19.10 HR 0.35 1.9%
VIBRA PLATE 10.50 HR 10.70 HR 0.20 1.9%
WACKER 10.50 HR 10.70 HR 0.20 1.9%
POWER BERM MACHINE 20.00 HR 20.40 HR 0.40 2.0%
ARROW BOARD 15.00 HR 15.30 HR 0.30 2.0%
PAINT STRIPING MACHINE 15.00 HR 15.30 HR 0.30 2.0%
UNIT PRICES
CHEMICAL WEED CONTROL R.OW. 161.00 AC 164.22 AC $3.22 2.0%
FUNGUS SPRAYING - TREES 610 EA 6.21 EA 0.11 1.8%
(50 TREE MINIMUM)
FERTILIZE ONLY TURF
o ALL PARKS 131.80 AC 134.45 AC $2.65 2.0%
o FIRESTATtONS 26.75 EA 28.75 EA $0.00 0.0%
k:\C.M. Oocumon\$\DubllnlBudgetlDublln, city 01 - Tobl.. - 2006-2006
5/2412005
TABLE III
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS OF MAY 24, 2005
/3~3~
2006 - 2006
2004 . 2005 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
DUBLIN CREW LABOR RATES
MAINTENANCE SUPERINTENDENT $55.50 HR $56.60 HR $1.10 2.0%
MAINTENANCE SUPERVISOR $48.80 HR $49.80 HR $1.00 2.0%
LANDSCAPE FOREPERSON 42.50 HR 43.30 HR 0.80 1.9%
LANDSCAPE LABORER I 35.70 HR 36AO HR 0.70 2.0%
LANDSCAPE LABORER II ~OAO HR 31.00 HR 0.60 2.0%
LANDSCAPE LABORER III 24.30 HR 24.80 HR 0.50 2.1%
DUBLIN CREW EQUIPMENT RATES
PICKUP RANGERlSUPERCAB 7.15 HR 7.35 HR $0.20 2.8%
F150 PICKUP 8.15 HR 8.40 HR $0.25 3.1%
F250 PICKUP/UTILITY BED 8.65 HR 8.90 HR $0.25 2.9%
F350 & F450 FLATBED 9.70 HR 10.00 HR 0.30 3,1%
CHAIN SAW 5.80 HR 5.90 HR 0.10 1.7%
BRUSH CUTIER 5.15 HR 5.25 HR 0.10 1.9%
POWER BLOWER 2.15 HR 2.20 HR 0.05 2.3%
POWER HEDGE TRIMMER 3.60 HR 3.65 HR 0.05 1.4%
TRAILER SMALL (8') 2.60 HR 2.65 HR 0.05 1.9%
POWER WASHER 12.60 HR 12.85 HR 0.25 2.0%
ELECTRIC WELDER 7.00 HR 715 HR 0.15 2.1%
PORTABLE GENERATOR 5.60 HR 5.70 HR 0.10 1.8%
WATER TRAILER 9.80 HR 10.00 HR 0.20 2.0%
UTILITY CART 3.90 HR 4.00 HR 0.10 2.6%
HAND HELD MEDIAN SCRUBBER 5.20 HR 5.30 HR 0.10 1.9%
MCE CREW LABOR RATES
SUPERINTENDENT $85.00 HR $88.70 HR $1.70 2.0%
LOADERlBACKHOE OPERATOR 84.32 HR 86.00 HR 1.68 2.0%
ASPHALT PAVER OPERATOR 84.32 HR 86.00 HR 1.68 2.0%
ASPHALT PAVER SCREED MAN 81.81 HR 83A5 HR 1.64 2.0%
ROLLER OPERATOR 81.81 HR 83.45 HR 1.64 2.0%
TRUCK DRIVER 8-12 C.Y. 68.CO HR 69.35 HR 1.35 2.0%
TRUCK DRIVER 4-ô C.Y. 69.09 HR 70.50 HR 1A1 2.0%
TRUCK DRIVER 3 C.Y. TRANSIT 68.00 HR 69.35 HR 1.35 2.0%
CEMENT FINISHER 63.39 HR 64.65 HR 1.26 2.0%
LABORER FOREMAN 61.07 HR 62.30 HR 1.23 2.0%
RAKER 59.71 HR 60.90 HR 1.19 2.0%
LABORER I 59A3 HR 60.60 HR 1.17 2.0%
LABORER 2 59.25 HR 60.45 HR 1.20 2.0%
k:\C.M. Do"""",nIo\OubJln\8udge1\Dub1in, city of . T.bI.. ·2005-2oœ 512412005
TABLE III
CITY OF DUBLIN
PROPOSED RATES AND UNIT COSTS
AS OF MAY 24,2005
/4Œb 53
2005 - 2006
2004 . 2005 PROPOSED PERCENT
RATES RATES CHANGE CHANGE
UNIT PRICES (CONTINUED ...)
FERTILIZE I BROADLEAF TURF
0 FIRE STATIONS 28.75 EA 28.75 EA $0.00 0.0%
o ALL STREETS 156.60 AC 159.70 AC $3.10 2.0%
o ALL PARKS 156.60 AC 159.70 AC 3·10 2.0%
AERATION TURF
0 FIRE STATIONS 28.75 EA 28.75 EA $0.00 0.0%
o STREETS 224.25 AC 228.74 AC $4.49 2.0%
o ALL PARKS 138.00 AC 140.76 AC 2.76 2.0%
MOW TURF
o STREET, FIRE STATION, 82.87 AC 84.47 AC $1.60 1.9%
STAGECOACH PARK
o ALL OTHER PARKS 55.26 AC 56.36 AC 1.10 2.0%
EDGING TURF
o STREETS, FIRE STATION, 17.62 MLF 17.97 MLF $0.35 2.0%
STAGECOACH PARK
o ALL OTHER PARKS 15.10 MLF 15.41 MLF 0.31 2.1%
CONTRACT BEDDING (ALL AREAS) 301.53 MO/AC 307.56 MQ/AC $6.03 2.0%
k~C.M. DocumentsIDubllnlBudgollDublin, CIIy Of· robl.. - 200~2006
5124/2005
TAlIl.E IV /'5 PJ33
CITY OF DUBLIN
Sr...FFING COMP"'RI$OIIS
All OF MAY 24, 2005
2003 - 2004 2004 - 200~ 2004 . 200~ 2005 ·200S
AREA I POSITION ACTUALS BUDGET ESTIMATED PRopoaED
PUBLIC WORKS ADMIN.
SUPERINTENDENT 1,00 1,00 1.00 1,00
BUilDING MANAGEMENT
llF 0.69 0.64 0.64 0.59
ll1 0.73 0.13 0.73 0,73
LL.2 0.21 0,19 0.16 0.19
ll3 0.07
1.63 1.5\'3 1.62 1.51
STREET MAINTENANCE
lLF 0.13 0.12 0.12 0.12
lL1 0.25 0.31 0.31 0.31
LL.2 0.17 0.18 0,18 0,18
LL3 0.70 0.79 0,98 1,05
1,25 1.40 1,59 1,00
STREET TREE
LLF 0.08 0.07 0,07 0.07
LL1 0.15 0.20 0.20 0,20
LL.2 0.10 0.11 0.11 0,11
lL3 0.47 0.36 0.37 0.35
0,00 0,74 0.75 0,76
STREET LANDSCAPE MAl NT
lLF
lL1
lL.2
Ll3
PARK MAINTENANCE
LLF 0.95 0.94 0,74 0.94
LL1 1,98 2.76 2.64 2.67
lL.2 1.18 1.32 1.31 2.32
LL3 3,70 3.SS 3.59 3.17
7.77 6.70 8,48 9.10
LIBRARY BLOG,
LLF 0.05 0.27 0,26 0.27
LL1 0,06 0.19 0.15 0.19
LL.2 0,25 0.05 0,07 0.05
LL3
0,36 0.51 0.48 0.61
NEW S¡¡¡NIOR CENT¡¡¡R
LLF 0,01 0.01 0.05
Ll1 0.01 0.10
0,02 0,01 0.16
DutIIin, cttyor, rl;lb~. 2005-2006 "'4f.!005
TABL~ IV )/.Ð 0633
CITY OF DUBLIN
STAFFING COMPARISONS
AS OF MAY 24, 200II
2003 - 2004 2004 - 200II 2004 ·2005 2005 - 2005
AREA' POSITION ACTUALS BUDQ~T ~STIMATeD PROPOSED
HERITAGE CENTER
LlF 0.01 0.01 0.01 0.01
LL1 0.02 0.06 0.06 0.06
L12
LLS
003 0,00 0.00 0.00
CEMETERY
LLF 0.02 0.02 0.02 0.02
LL1 0.08 0,06 0.08 0,08
L12 O.OB 0.00 0.09 0.09
LL3 0.S6 0.S1 0.29 0,30
0,54 0.60 0.48 0.49
FIRE STATION BLDG. MAl NT.
LLF 0.01 O.OS O.OS O,OS
LL1 0.10 0.15 0,1S 0,15
L12
LLS
0.11 0.18 0.16 0.18
FIRE STATION LANDSCAPE
LLF 0.01 0.01 0.01
Ll1 0,01 O,OS O,OS O.OS
LL2
LLS 0.04 0.12 0.12 0.13
0,06 0.16 0,18 0.17
ADOITIONAl WORK
ll.F 0.2S o.oa 0.10 0.09
LL1 0,15 0,24 0.23 0.24
L12 0.04
LLS 0,03 0,03
0,42 0.3S 0.S6 0.36
MCe GRAND TOTAL
Supt. 1,00 1,00 1.00 1,00
LLF S-OO S.OO 2.60 S.OO
LL1 6.00 7.00 7.00 7,00
L12 S.OO 3.00 S.OO 4,00
LLS 6.S9 6.46 6.6$ 8.68
20.39 22.48 22.68 2M8
StaN calculatlDns bailed on the assumption that each houny employee Win WQrk a total of
1,950 hours of regula.r and overtime per }fEIiiT.
- Inctud. hours for CQmmunlty ewnU (Promotion).
tlYÞ:#n.Cl\'yol-1~~1lI5-~
,,,,,""'.
.... ¿ t.
""'H~tT ".to" W.BoumoN IIÍ...
J1ðfJ 3 ~
.' .
AMJtNDMENTroA(~1.u;~1ŒrwEtN
'CITY OF DUBLIN ANi) MCI: <:oJtPÒJtATION
FOR PUBUC WORKS MA]NTl:NANCE SERVICES
, ' ., W1JÊREAS,~July I, 2003,thc City of'DùbJÎn (1Ù:reiœft:criefðrred tou \tCJTY" 8Dd
MCE CorJIoœtiOÐ- (haeinaft« r.£eued to 81 "C(JNTllACI'Oll-) entered ÌDto en ~ to proWIePubllc
, WoñtsMainteu:aøœServicesto CITY (ber'eiœfter ...&.bod to as .~; øI '
.. '. . ." . '.... "
'..~ said AGRB'EtMENT piuvided a øc1-fu1e of rates tbi Fmcal Year 2003-04; and
WHRREAS, MCEbasrequeøted aaadju""..·:nt ofrideeibrFisc:al Year20()4..1OOS;
.
NOW. THERBFORB. the parties heretO agiee" fblloWJ:
, . Secti.oÍ:Il. " ~ B, "PaymeDt'!WI..¡n'f',· ofthcAgt-..atsball beæpJaœd withtbe ' ,
:rates ¡¡"Iirmioil on ,-.tf1N-..hm4!mt loftbia ~ "ProPOsed Rates aød Unit Costs R.e¥iIed June 7, 2004,"
. ' . .
~...... 2. Said~ ~ be d&,c;tive 81 o£JuIy I, ZOO4,'
, CITY OF D1JBLIN MCE CORPOIL\TION '
ATl'EST: A'lTEST:
~~~,~R. ~. , ~
,.......
j
f:'it:! .d.-"'-""_. r-...3ODI
.~
._,.......,.,---
; ¡ß 66,33,'
TAbL.E IR
ClTV OF DUBLIN ' '
,', PROPOSED RATES AND UNIT COSTS
, AS,SUBMITIED TO COUNCIL.
',R!\I'ISED JUNE 1; ZOO4
2004 " 2005
, 2003· 2Öo4 PROPOSED PERCENT
RATES RATES cHANGE CHANGE
OUBUN.cREW LABOR RATES
MAINTENANCE SUPERINTENDENT $54.40 HR $55.50 HR $1,10 ,2.0%
MAINTENANCE, SUPERVISOR $47.90 HR ·$48.80 ' HR $0.90 1.9%
LANDSCAPE FOREPERSON -41.65 HR . 42.50 HR 0.85 2,0%
, LAND$CAPELABORER I -35.po HR 35.70 HR 0.70 2..0%'
lJI,NDSCAPE LABORER It ' 29.30 HR 30.40 HR " , O.eo 2.0%
LANDSCAPE LABORER III '23.85 HR 2-4.3(\ HR 0.45 1.9%
DUBUN CREW EQUIPMENT RATeS I" on
PICKUP RANGERtsUPERCAB ' 1.00 HR 7.,15 HR $0.15 2.1%
F150 PICKUP' 6.00 HR. 8.15 HR ' $0.15 1.9%
F250 PICKUPJUTILITY BED 8.50 HR 8.65 HR $0.15 1.8%
F350 &F450 FLATBED 9.50 HR 9.70 HR 0.20 2.1%
CHAIN SAW 5.70 HR 5.80 HR. . 0.10 1.1;1%
BRUSH CUTTER 5.05 HR. 5.15 HR O.~O 2.0%
, , '
POWER BLOWER 2.10 I.'IR 2.16 ' HR 0.05 2.4%
POWER HEDGE TRIMMER ' 3.55. HR- 3.00 HR 0.05 ,1.4%
,TRAILER SMAL.l (B') 2.55 HR 2.60 HR ,0.05 2.0%
POWER WASHER 12.a5HR 12.~ HR 0.25 2.0%
eLECTRIC WELDER 6.86 HR 7.00 HR' 0.15 2.2%
PORTABLE GENERATOR 5.50 HR 5.60 'HR 0.10 1.8%
WATER TRAILER 9.60 HR 9,.80 HR 0.20 2.1%
UTlL.rTY CART a~ HR 3.90 HR 0.05 1.3%
HAND HELD MEDIAN SCRUBBER ·5.10 5.20 HR 0.10 2.0%'
MCE CREW LABOR RATES
SUPERINTENDENT $77.50 HR, $65.00 HR $7.50 9.7%
L.OADERfBACKHOE OPERATOR ,~33 HR &4.32 HR 7.99 10.5%
. .
ASPHALT PAVER OPERATOR 16.33 HR 64.$2 HR 7.99 10.5%
ASP HAL T PAVER SCREED MAN NlA &1.81 ,HR N/A NJA
ROL.LER opeRATOR 76.33 HR , 81.81 HR 5.48 7.2%
TRUCK DRIVER 8'-12 C.Y. 63.53 HR 5&.00 HR 4.47 7.0%
TRUCK DRIVER +6 C.Y. 62.50 HR 69.09 HR ,8.59 10.5%
TRUCK DRIVER 3 CY. TRANSIT 62.44 HR 68.00 HR 5.56 8.9%
CEMENT FINISHER 58.00 HR 63.39 HR 5.39 9.3%
LABORER FOREMAN $.D6HR 61.01 HR 6.01 1 o. go""
RAKER 54.97 HR 59.71 HR 4.74 8.6%
LABORER $.71 HR 59.43 HR 5.66 10.5%
LABORER 2 NlA 59.25 ' HR N/A NlA
k:\C.M qo""rnênts\DUblin\BUdgel\OtJblin. 01y o1-.TabIea· 2004-2005->11,
6I7!O~
"
TABLE II
. CJTYOF DUBLIN·
PROPOSED RATS ÀND UNIT COSTS ,
AS SUBMITTED TO COUNCIL
, REVISED JUNE 7; %004
2004 - 2005
,PROPO$ED
RATES
. ,
2003 . 2004
RATES
MCE CReW EQUIPMENT RATES
GILCREST ASPHALT PAVER
, BLAW ICNOXASPHALT PAVER
BACKHOE
LOADER
ROLLER-VIBRATORY 5-ð TON
ROLLER-VIBRATORY 3-5 TON
DUMPTRUCKf!..12 C.Y.
DUMp TRUCK 4-6C.Y.
TRANSrr TRUCK 3 C.Y.
SAW TRUCK'
,
PICKUP
CONCRETE SAW-SELF PROP.
CONCRETE SAW-SMAlL
AIR COMPRESSOR
" ,ê!TJJf#.IL POT
VIBRA PLATE
WACKER
POWER BERM MACHINE
ARRaN BOARD
PAlNT,STRlPING MACHINE
$80.00 HR
55.00 HR '
47.50 HR
'44.25 HR
40.75 HR
40.75 HR
44.25 HR
40.75 HR
40.75 HR
34.00 HR
13.25 HR
35.00 HR
6.75 HR
20.00 HR
12.25 HR
10.50 HR
10.50 HR
20.00 HR
NJA
NIA
UNIT PRICES '
CHEMICAL WEED CONTROL R.O.W.
FUNGUS SPRAYING '. TREES
'. (60 TREE MINIMUM)
FERTILIZE ONLY TURF
o 'ALL PARKS
Q FIRESTATIONS
BROADLEAF SPRAYiNG TURF
o AlL PARKS EXCEPT CMC CTR
118.80 AC
5.95 EA
105.80 AC
'N(A
91.00 AC
,
, k.'\C.M. D~c:uman\$\Dqblln\Budg..l\DUblll\, ~ 01- Tebte. .ZOO4-l005'Ó'
$120.00 HR
75.00 HR
47:50 HR
44.25 HR
lUJ.75 HR
. 40.75 HR
44.25 HR
40.75 HR
40.7.6 HR
34.00 HR
13.25 HR
35.00 Hft
6.75 HR
20.00 HR
16.75 HR
10.50 HR ,
10.50 HR'
;20.00 HR
15.00 HR
.
15.00 HR
161.00 AC
6.10 EA
131.80 AC
28.75 eA
NlA, AC
~ ,'-
IC¡ 62J.3 3
PERCENT
CHANGE CHANGE
$30.00
20.00
0.00
0.00
0.00'
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.50 '
0;00
0.00
0.00
NIA
NIA
$42.20
0.15
$25.90
NlA
33.3%·
36,4%
0.0%
0.0%
0.0%
Ó~O%
, ·0.0%
0.0%
0.0%
0.0%
0.0%
.0.0%
O.C%
0,0%
53.1%
0.0%
0.0%
0_0%
N/A
NlA
- 35.5%
2.5%
24.5%
.
6(?¡1J~
,.
TABLE III
. . QTY OP DUBUN . dO·~3 3
PROPOSEQ RATES AND I.INIT COSTS
AS SUBMITTED TO COUNCIL
REVIsED JUNE 7. 2004
. '
2004 . 2006
2003 . 2004 PROPOS~ PERCENT
RATES RATes CHANGE CHANGE
UNIT PRICES (CONTINUED m)
. FERTILizE ( BROADLE.AF TURF .
0 FIRE STATIONS N/A 28.75 .Ef. NIA
; 0 ALL STREETS '66.75 AC 156.60 AC ($10.15) -6.1% '
o ALL þARKS , 93.00 AC .156.60 AC (36.40) -18.9%
AERATION TURF.
0 FIRE STATIONS· ' NlA 26.75 EA NlA
o STREETS 413.00 AC 224.25 AC, ($166.75) -45.7%
o ALL PARKS 63.50 AC 138.00 AC 74.50 117.3%
MOW TURF
o STREET, FIRE STATION, 81.25 AC 82.87 AC $1.62 2.0%
'STAGECOACH PARK
o ALL OTHER PARKS 54.20 -AC 55.26 AC 1.06 2.0'j\.
EDGING TURF
o STREETS, FIRE STATtON, 17.30 MLF 17.62 MLF $0.32 1.8%
STAGECOACH P~K
o ALL OTHER PARKS 14,80 MLF 15.10 MLF 0.30 2.0% .
CONTRACT BEDDING (ALL AREAS) 267.00 MO/AC .301.53 MOIAC $34.53 12.9%
,,:\C.M. O,,¡;umenIs\Dublîn\,Budgl>'!> )ubiin. CIo/ CII· Teh!e' - 2OIJ4.2DQp.xla
~104
. í
.
d:16b"3~
EXHIBIT "A" OFRESOLUTIONISZ. -03
PUBLIC WORKS MAINTENANCE SERVICES AGREEMENT
nITS AGREEMENT is made at Dublin, California, as of July 1, 2003, by and between the
CITY OF DUBLIN", a Municipal Corporation ("City"), and MCE Corporation, Inc. ("Contractor"), who
agree as follows:
I. TERM OF AGREEMENT. The term of the agreement shall be for three years,
beginning on July 1,2003, and ending on June 30, 2006. This agreement shall supersede all previous
agreements that Contractor has or has had with City. City may terminate the services of Contractor by
providing 90 days written notice with or without cause. In the event of such tennination, Contractor shall
be compensated for such services up to the point of termination. Compensation for work in progress shall
be prorated as to the percentage of progress completed at the date oftermination. If Contractor terminates
its services to the City, it must provide written notice at least 90 days in advance of such termination.
Notices shall be provided as indicated in Section 12 below.
2. ADJUSTMENT TO CON1RACT PRICES AND WORK OUANTITY. In the second
and third years of the Agreement, no later than March 1st, Contractor will submit to the City for the
coming contract year a proposed revised Schedule of Work which will set forth a Work Plan in terms of
types and quantities of work to be performed as well as unit prices and/or estimated annual expenditu.re
amounts as appropriate. Upon written approval of both parties, the Agreement shall be extended for one
(1) year effective July 1st at the new charge rates and scope of work.
3. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in Exhibit 1. Contractor shaH provide said services at the .
time, place, and in the manner specified in Exhibit 1.
4. PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement
at the time and in the mamler set forth in Exhibit 2. The payments specified in Exhibit 2 shall be the only
payments to be made to Contractor for services rendered pu.rsuant to this Agreement. Contractor shalJ
su.bmit all billings for said services to City in the manner specified in Exhibit 2; or, ifno manner be
specified in Exhibit 2, then according to the usual and customary procedures and practices which
Contractor uses for billing clients similar to City.
5. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit 3, Contractor shall,
at its sole cost and expense, fUI11Îsh all facilities and equipment which maybe required for furnishing
services pursuant to this Agreement. City shall f1.ltIlish to Contractor only the facilities and equ.ipment
listed in Exhibit 3 according to th.e terms and conditions set forth in Exhibit 3.
. 6. GENERAL PROVISIONS. The general provisions set forth in Exhibit 4 are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
Agreement with MCE Corporation
JuJy I, 2003
Page 1
:
(
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7. EXHmITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
8. SUBCONTRACTING. No portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City, except that which is expressly identified in the
Contractor's proposal.
9. CHANGES. City may trom time to time require changes in the scope of the services
by Contractor to be performed under this Agreement. Such changes, including any change in the amount
of Contractor's compensation which are mutually agreed upon by City and Contractor, shall be effective as
amendments to this Agreement only when in writing.
10. RESPONsmLE CHARGE. Contractor shall assign a project manager(s) to the project
for the duration of the project. There shall be no change in (he Project Manager or members of the project
team without þrior written approval by the City.
11. CONTRACT ADMINISTRATION. This Agreement shall be administered by the
Director of Public Works or his/her designee ("Administrator"). All correspondence shall be directed to
or through the Administrator or the designee.
12. NOTICES. Any written notice to Contractor shall be sent via Registered Mail to:
StanJcy P. Smalley, Vice President
MCE Corporation
6515 Trinity Court
Dublin, CA 94568
Any written notice to City shall be sent to:
Director of Public Works
100 Civic Plaza
Dublin, CA 94568
(signatures next page)
Agreement with MCE Corporation
July 1, 2003
Page 2
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Executed as of the day first herein stated:
Attest:
. ~1l'~:' ~"
~ity Clerk
Approved as to form:
CJtI;,L,..r~ )/ ,_ >,. ¿
City Attorney
Agreement with MCE Corporation
July 1, 2003
Page 3
CITY OF DUBLJN,
A Municipal Corporation
By
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MCE CORPORATION
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EXHIBIT 1
SCOPE OF SERVICES AND SCHEDULE
The City has elected to perform its public works maintenance and related activities by using a
private Contractor. .
The Contractor has agreed to arrange for and supervise the performance of the work and the City
has agreed to retain the Contractor for such purposes, in accordance with the terms and
provisions of this Agreement.
The City and Contractor agree as follows:
I. Scope ofW ork; The City retains Contråctor to arrange for, supervise and manage
the performance of the work described in the attached Tables 1, II, III and N and as otherwise
specified in this Agreement; and for Additional Work ("Additional Work") as is called for in
this Agreement. Contractor shall perform the types of work listed in Table I at the time and
material rates listed in Table III. The Scope of Work set forth ìn the attached Table lincludes
the maximum amount the City will pay to Contractor for each activity for Fiscal Year 2003-2004.
Notwithstanding the foregoing, the City may at any time revise.the Schedule of Work identified
in Tp.ble I for budgeting or other reasons as deemed necessary by the City and the estimated
annual expenditure for Fiscal Year 2003-2004 shall be revised accordingly.
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 a.. otherwise permitted by this Agreement all labor, materials, and supervision necessary for
proper p"rformance 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 matooals in the performance of the work; (d) comply with all laws, ordinances, .
rules, regulations, and requirements of governmental authorities, pertaining to the performance of
the work; (e) perform the work, contract for its performance and supervise its performance in a
good and workmanlike manner and in the most expeditious, cost effective manner consistent
with first-class quality; (f) perform all activities necessary and incidental to the orderly
performance of the work.
2. Scheduled Work: All ofthe work set forth in Table I is considered ScheduJed .
Work. Contractor shall perform no work in addition to Scheduled Work, unless: . (a) Additional
Work is approved in advance by the Public Works Director; or (b) an emergency situation exists.
An emergency situation is one which 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 to the extent necessary to relieve said danger and shall specifically
inform the Public Works Dir"ctor of all Emergency Work accomplished. All Scheduled Work
shall be provided according to a monthly schedule prepared by the Maintenance Superintendent
and approved by the Public Works Director in advance.
Exhibit ]
Page 10[4
July 1, 2003
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3, Additional Work: City may require Contractor to provide Additional Wark not
described herein at rates and quantities negotiated by the City and Contractor. No Additional
Work will be illldertaken by Contractor without the prior written approval of the Public Works
Director. The Contractor will bill the City for Additional Work in the manner as provided in
Table ro,
4. Work Not Subiect to this Al!feement: The Public Works Director at his discretion
may recommend that projects of a large scope be approved by the City Council for competitive
bid and completed under a separate Agreement. This shall be the recommendation on all "public
projects" where State or other laws require that it be contracted for and let to the lowest
responsible bidder after notice. Nothing in this Section shall preclude the Contractor from
participating in this bid process for said projects.
City, in accordaDce with local ordinaDcesand State laws, may directly purchase materÜÎls
or supplies to be used by Contractor, This shall not restrict the Public Works Director from
requesting that Contractor, as part of otl1er duties identified in this Agreement, assist City with
locating suppliers, obtaining price quotations or bids, or other assistance provided that Contractor
will not be providing the materials and supplies.
5. Emergency Work: Emergency callout procedures will be maintained to provide
for emergency response on nights, weekends, and holidays. The procedures will be reviewed and
updated periodically to ensure their effectiveness. In the event Emergency Work dictates that
work be accomplished outside the normal working hours, such as night time, weekends atid
holidays, appropriate overtime rates shall be used as set forth in TabJe ro,
6. Maintenance Supervision: The Contractor shall furnish a Maintenance
Superintendent to assume full responsibility for day-to-day maintenance operations, ensuring
that resources required to successfully complete the project are applied in a timely manner. In
addition to providing the necessary liaison with the City, the MaintenaDce Superintendent is
responsible for: (a) inaking recommendations to the Public Works Director of work that should
be performed but which is not set forth in the Schedule of Work; (b) identifYing work programs;
(c) scheduling; (d) assisting and supervising work crews; (e) responding to citizen calls; (f)
assisting in contract admillistration; (g) maintaining activity reports; and (h) generally
administering public works maintenance functions.
7. Work Scheduling Procedures: To the extent possible, it is the intent of this
Agreement that the Work be performed on a scheduled, orderly basis, Pri.or to commencement
of work, Contractor shall 'prepare a schedule showing proj ected work to be performed throughout
the fiscal year, including information such as frequency of weeding, watering, atid other parks
maintenance and other similar projected schedules of the work to be performed.
Contractor will prepare monWy work schedules and review them with the Public Works
Director. These schedules will represent specific work needs identified as the result of the
Contractor's recommendations and requests from the Public Works Director or hislher designee.
Exhibit 1
Page 2 of 4
July 1, 2003
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. Emphasis will be placed on identifying needs to ensure proper timing of work (for example,
ditches should be scheduled for cleaning before winter rains). The Contractor will comply with
reasonable requests of the Public Works Director as.to preferred locations for various types of
work. .
Contractor will use a service request form to ensure that complete information is obtained
on work needs and requests for service. .
8. Work Reuorting Procedures: Contractor shall submit a Monthly Work Summary
Report to the Public Works Director on or before. the 15th day of the month summarizing work
completed in the previous month. These reports shall include a listing of work activities and
work units completed, including any Additional or Emergency Work performed; status of current
and completed service requests; and comparisons ofarmual work quantities and expenditures
planned versus actu.al. -
9. Additional Contractor Responsibilities: MCE workers will be alert for observable
maintenance deficiencies in public facilities as they travel within the City's boundaries in the
course of their maintenance activities performing Scheduled Work, Additional Work, and
Emergency Work. They will report observed maintenance deficiencies to the appropriate MCE
or City representative, or other appropriate agency.
10. Protection of Work and Public: Contractor shall take all necessary measures to
protect the work and prevent accidents during any and all phases of work. Contractor shan
provide and maintain ail necessary barriers, flagmen, and/or signs during maintenance
procedures.
Contractor will provide at no additional cost aU the advance signing and barricading and
also signs, barricades, flashers, and other necessary facilities for the protection of the public
within the limits of the maintenance area while maintenance activities are proceeding.
11. Maintenance of Records: Contractor shall maintain all books, documents, papers,
employee time sheets, accounting records including certified payrolls and such other evidence
pertaining to costs incurred for a period of at least three years, and shall make these materials
available at reasonable times during the contract period. Contractor shall not purge any records
without the prior approval of the City. Upon termination of the contract, or at the City's request,
all such records shall be provided to the City, including maintenance xecords, certified payroll
records, and hard copies of any other computer records such .as inventories of City facilities.
12. Equal Emplovm<:nt OpportUnity: Contractor is an equal opportunity employer and
agrees to comply with applicable regulations govemingequal employment opportunity.
13. Prevailing Wage: Contractor shall comply with the provisions of Labor Code
Section 1770 et. seq., willi respect to payment of prevailing wages, maintenance of payroll
records, and payment of penalties under Labor Code Section 1775.
Exhibit I
Page 3 of 4
July 1, 2003
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14. Attorney Fees: If either party brings an action agirinst the other party arising out
of or in connection with this Agreement entered into between City and O:mtractor, the prevailing
party is entitled to have and recover from the losing party reasonable attorney fees and costs of
suit.
15. Miscellaneous:
A. Contractor shall inform City of private clients within the corporate
boundaries or sphere ofini1uence of the City during the term of this Agreement. Contractor
agrees not to accept other employment which is or may be in conflict with its duties under this
Agreement or which may adversely affect the interests of the City.
B. Contractor will endeavor to secure materials from the lowest cost source
reasonably available.
Exhibit]
Pagc 4 of 4
July 1, 2003
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EXHmIT 2
PAYMENT SCHEDULE
City shall pay Contractor an amount not to exceed the total sum of Two Million, Five
Hundred Seventy-Four Thousand, Four Hundred Forty-Five Dollars ($2,574,445) for services to
be perfonned pursuant to this Agreement. Except as provided in Section 1, the total annual
estimated budget shall be the sum of the planned expenditure amounts listed in Table 1. The
actual amount paid to the Contractor shall be based on the amount of work perfonned according
to the costs outlined in Table I and any subsequent "Additional Work" approved by the City.
Work items listed in Table I shall be billed on a unit price basis or otherwise as set forth in Table
1. Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of
work.
Contractor shall bill Additional Work on the basis mutually agreed to by Contractor and
the City at the time the work is incorporated into the annual maintenance program.
For work performed and services rendered, Contractor shall submit monthly bills to the
City by the 15th day of the month following the month in which the work was performed. The
Contractor shall be compensated by the City as follows:
A. A monthly payment for time and materials or unit price work will be provided,
with payment to be made within twenty (20) days of receipt of invoice by the City.
B. For Additional Work for which no unit prices have been agreed upon,
compensation shall be agreed upon between the Public Works Director and Contractor in writing
before work is performed. For Emergency Work when prior approval is not possible and when
unit prices have not been agreed upon, the City and Contractor shall agree as soon as possible
after the work is performed on the amount of compensation based on costs for related jobs.
Contractor is not authorized to perform any services or incur any costs whatsoever under
the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance
Department ofthe City of Dublin.
Exhibit 2
Page I of 1
July 1, 2003
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EXHIBIT 3
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use wbile consulting with City employees
and reviewing records and the information in possession of City. City shall also furnish a yard
facility from wbich routine maintenance may be dispatched. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. ill no event shall City be
obligated to furnish any facility wbich may involve incuning any direct expense, including, but
not lin1Îting the generality oftbis exclusion, long-distance telephone or other communication
charges, vehicles, and reproduction facilities.
Exhibit 3
Page I of I
July 1, 2003
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EXHIBIT 4
GENERAL PROVISIONS
l, INDEPENDENT CONTRACTOR. At all times during the tmn 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 tlris
Agreement; however, City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement.
2, LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he has all licenses,
permits, qualifications and approvals of whatsoever nature which aTe legally required for
Contractor. Contractor represents and warrants to City that Contractor shall, at his sole cost and
expense, keep in effect at all times during the tmn of this Agreement any licenses, permits, and
approvals which are legally required for Contractor,
3. TTh1E. Contractor shall devote such time to .the perfonnance of services pursuant to this
Agreement as may be reaSonably necessary for satisfactory perfonnance of Contractor's
obligations pursuant to this Agreement.
4. JNSURANCE REOUIREMENTS. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
rrom or in connection with the perfonnance of the work hereunder by the Contractor, his agents,
representatives; employees or subcontractors, The cost of such insurance shall be included in the
Contractor's bid.
A. Minimum Scope ofmsurance. Coverage shall be at least as broad as:
(I) Insurance Services Office form number GL 0002 (Ed, 1/73) covering
comprehensive General Liability and Insurance Services Office fonn number
GL 0404 covering Broad Fonn Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" fonn CG
0001),
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code I "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Lahar Code of the State of
California and Employers Liability msurance.
Exhibit 4
Page I of4
July 1, 2003
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B. Minimum Limits of Insurance. Contractor shall maintain limits no less than;
(1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability
Insurance or other form with a general aggregate limitis used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the reqUired occurrence limit.
. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
(3) Workers Compensation and Employers Liability: Workers Compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of$I,OOO,OOO per accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(I) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on -behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used-by the Contractor, or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or vohmteers.
(b) The Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
(c) Any failure to comply with reporting provisions of the policies shan not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
(d) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
Exhibit 4
Page 2 of 4
July 1,2003
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(2) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
. performed by the Contractor for the City.
(3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall. not be suspended, voided, cancelled by either party, except after
thllty (30) days prior written notice by mail has been given to the City. Contractor
. shall provide City with 30 days' prior written notice of any reductions in the dollar
limits of the policy. .
E. Acceptability of Insurers. Ins~ance is to be placed with insurers with a Bests' rating of
. no less than A:VIII.
F. Verification of Coverage. Contractor shall fumlsh City with certificates of insurance and
with original endorsements effecting coverage required by this clause, The certificates
and endorsements for each insurance policy ate to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work conì.mences. The City reserves the right
to require complete, certified copies of all required insurance policies, at anytime. ,.
G. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages, scope, limits and forms of such insurance are either
not commercially available or that the City's interests are otherwise fully protected.
5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on. behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to this Agreementto bind City to
any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation
pursuant to tms Agreement shall be void and of no effect.
7. PERSONNEL. Contractor shall assign only competent persOMel to perform, services pursuant to
this Agreement. In. the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of :my such persons, Coritractor shall, immediately upon
receiving notice from City of such desire of City, cause the removal of such person or persons.
Exmbit 4
Page 3 of4
.ru1y 1, 2003
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8.
STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical area. All
instruments of service of whatsoever nature which Contractor delivers to City pursuant to this
Agreement shall conform. to the standards of quality normally observed by a person practicing in
Contractor's work.
9.
HOLD HARMLESS AND RESPONSffiILITY OF CONTRACTORS. Contractor shall take
responsibility for Scheduled Work, Additional Work, and Emergency Work as described in
Paragraphs 2, 3, and 5 oftlùs Agreement, as such work is performed by Contractor, its
employees, agents, and subcontractors in accordm1ce with all provisions of this Agreement.
. Contractor shall bear all losses and damages resulting to it, to any subcontractor, to the City, to
City officers and employees, or to parties designated by the City, on account of performance or
character ·of the work stated above, including unforeseen difficulties, accidents, occurrences, or
other causes predicated on active or passive negligence of the Contractor or any subcontractor.
Contractor shall indemnifY, defend, and hold harmless the City, its officers, officials, employees,
and agents from and against any or aU loss, liability, expenses of whatever nature, (including
costs of defense), suits, aud damages of every kind, nature, and description arising from the
performance of the work described in the paragraph above. This paragraph shall not be
construed to exempt the City, its employees, officers, directors, aud agents from its own fraud,
willful injury, or violation of law, whether willful or negligent. City shaIi indemnify, defend, and
hold the Contractor, its employees, officers, officials, and agents harmless from and against any
and all loss, liability, expense, claim, costs (including costs of defense), suits and damages of
every kind, nature and description arising from the act or omission by the City or any of its
officers, officials, employees, and agents. By execútion of this Agreement, the parties
aelmowledge aud agree that each has read and understand the provisions hereof and that this
section is a material element of consideration.
Approval ofthe ÎillIurance contracts does not relieve the Contractor or Subcontractors from
liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
11. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided
pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws
and regulations, including, but not limited to, laws and regulations relating to discrimination and
laws requiring injury aud illness prevention programs. . .
g..eJ1gr.contractIMCE\ag,..~etrletit 03
Exhibit 4
Page 4 of 4
July I, 2003
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