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HomeMy WebLinkAboutItem 7.05 MCE Agreement (2) CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 26, 1990 SUBJECT: Public Works Maintenance Contract Review (MCE) Report prepared by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) 3) 4) 5) ~) 7) Comparison of Workload Measures Service Request Form, Final Service Request Summary for Fiscal Year 1988-89 and Street and Park Service Request Su~mnaries for FY 1989-90 through May Resolution Approving New Agreement Proposed New Agreement Comparison of Equipment Rental Rates Current Maintenance Agreement with MCE MCE Self-Evaluation Discuss maintenance issues as part of evaluation process. Adopt resolution approving new agreement and authorize Mayor to execute. FINANCIAL STATEMENT: See below. DESCRIPTION: MCE has provided maintenance services to the City of Dublin since July 1, 1984. Those services which are provided by MCE are as follows: Spill Cleanup Street Repair Drainage Maintenance Storm Patrol/Cleanup Curb, Gutter, and Sidewalk (temporary or emergency repair) Sign Installation, Repair, and Maintenance Striping and Marking Guardrail Repair Weed Abatement Bike Path Maintenance Street Tree Maintenance Street Landscaping Maintenance Park Maintenance Limited Building Maintenance On July 1, 1987, the City entered into a one-year agreement with MCE Corporation, which provided for extensions for two successive one-year terms, subject to the satisfactory performance by the Contractor as determined by the City. This three- year agreement will expire on June 30, 1990, and it is proposed to enter into a similar revised agreement covering the next three fiscal years. Shown below is a comparison of the contract costs authorized by the City for Fiscal Year 1989-90 with the estimated costs which will be incurred for Fiscal Year 1989- 90 by activ'~ty. Stan Smalley, MCE TABLE I Activity Contract 1989-90 Spill Clean-up Street Repair Drainage Maintenance Storm Patrol Curb, Gutter, & Sidewalk Sign Repair/Installation Striping & Marking Guardrail Repair Weed Abatement Bike Path Maintenance Street Tree Maintenance Landscape Maintenance Neighborhood Watch Park Maintenance Maintenance Supervision Stagecoach A.D. Trees Stagecoach A.D. Ldscp. Dougherty A.D. Trees Dougherty A.D. Ldscp. Additional Work Building Management $ 4 5OO 29 000 21 100 12 900 17 200 16 700 35 000 1 300 13 800 4 200 79 800 171 500 1 600 350.950 73 500 7,200 21,700 10,600 76,900 10,000 0 Total MCE Contract Cost' $ 959,450 Estimated 1989-90 $ 7 100 23 000 10 000 4 870 6 000 18 400 35 000 1 300 8 500 2 600 71.000 151 000 1600 317 450 73 500 5 000 23 900 6 000 35 000 80 400 0 Over/Under 1989-90 Contract $ 2,600 (6,000) (ll,100) (8,o3o) (ii,200) 1,700 0 0 (5,300) (1,6oo) (8,8oo) (20,500) o (33,500) o (2,200) 2,200 (4,600) (41,9oo) 70,400* 0 $ 881,620 $(77,830) *The Additional Work category primarily includes work performed at the Civic Center such as set-up of the Regional bleeting Room, maintenance and installations, moving of furniture, and so forth, building maintenance items for the Shannon Center and Senior Center, and pool maintenance). These items were all budgeted within the City's existing budget accounts for Building Management, Recreation, and Street and Park Maintenance but did not fit into other existing MCE line items for the 1989-90 Fiscal Year. As indicated above, it is anticipated that MCE will spend $77,830 less than they were authorized to spend in Fiscal Year 1989-90. This is primarily attributable to the following factors: 1) Low rainfall affecting drainage activities. 2) Dougherty Road Assessment District was not ready for City maintenance as early as expected. 3) A new spraying subcontractor was utilized, which resulted in lower costs and greater efficiency. 4) The Civic Center landscaping was not ready for City maintenance as soon as anticipated. The computerized reporting methods that MCE uses allows cost review and control on a monthly basis so that the various maintenance activities to be monitored may be easily revised when necessary. Work Performed MCE staff has developed a performance based budget in which a very detailed inventory of improvements is monitored. Exhibit 1 lists a sample of the workload measures which helps City Staff to keep up on changes in maintenance needs. These workload measures include a full time maintenance supervisor who oversees the budget categories of park maintenance, street tree maintenance, street maintenance, and street landscape maintenance. The listed workload measures are definable tasks which make up these budget categories. Labor is measured in manhours; materials are quantified by weight, ~neasurement, or item. puality of Service Provided One means which the City uses to evaluate contract performance is the City's Service Request Program. Attached are the Final Service Request Summaries for street maintenance (including sweeping, landscaping, signs, and so forth) for Fiscal Year 1988-89 and for the first 11 months of Fiscal Year 1989-90 (see Exhibit 2). As indicated in the summary, the City handled a total of 36 street maintenance service requests for the first 11 months of this fiscal year. Of those service requests that were handled, the City received 21 responses (a 58% response rate) to the Service Request questionnaire. The job evaluation score increased from 4.54 in Fiscal Year 1988-89 to 4.80 in 1989-90 (the ratings being defined as #4 "somewhat pleased" and #5 "very pleased). For the most part, those residents that responded had very favorable comments regarding the quality of service provided by MCE. FY 1989-90 is the second year that MCE has handled park maintenance services for the City. The Service Request Summary for park maintenance is computed separately from the street maintenance report and is also attached. Through May of 1990, a total of 60 requests for park maintenance were received, including service to the Senior Center and Shannon Center buildings. The City received 1 response to the questionnaire, with an evaluation score of 5.0. (It should be noted that approximately 77% of the park service requests were Staff-generated and that the response rate from the 14 resident requests is about 7%.) The one park service request card that was returned did not include any comments. MCE's emergency response has been very good. In general, they have responded within 20 to 30 minutes. Several of MCE's staff live in close proximity to the City of Dublin, enabling a quick response time during non-working hours. Trucks are equipped with phones so that MCE's staff is easily reachable. In addition to the normal contract work, MCE has provided personnel and equipment for special events such as the St. Patrick's Day parade and the Shamrock Festival and for miscellaneous banner installations. The traffic control planning and execution has been professional and timely for these events. Contract Compliance As was indicated in last year's report, MCE's performance has continued to improve. MCE has attempted to find different ways to reduce costs to the City and has exercised consistent initiative in identifying problem areas as well as keeping the Public Works Director's office informed of the status of public works maintenance activities. MCE has also gone to great lengths to document and inventory all of the various public works items throughout the City in order to more accurately project maintenance costs and identify service levels. This information has been invaluable in preparing the Fiscal Year 1990-91 maintenance budgets. Additionally, the Maintenance Superintendent participates in both the Traffic Safety Committee and regular Public Works staff meetings. These activities have proven invaluable from the standpoint of communication within and among departments and have hastened the resolution of real and potential problems that come to light. Cost Effectiveness In past years, it has appeared that the only viable alternative to providing public works maintenance services at this time would be to provide the service in a combination of contract and City employees or with solely City employees. As noted in prior reviews, the City's existing Corporation Yard facility would be inadequate for the equipment and personnel that would be necessary if this function was provided in-house. The cost of relocating and constructing a new facility would far outweigh any difference between the contract and in-house provision of public works services at this time. Proposed Services for Fiscal Year 1990-91 The proposed schedule of work for Fiscal Year 1990-91 is shown in Attachment 1 of the Addendum to Public Works Maintenance Agreement. As always, the scheduled work is tentative and will not be finalized until the City Council approves the Budget. As indicated in Exhibit 4, Schedule of Work, the estimated contract costs for maintenance services provided by MCE for Fiscal Year 1990-91 total $984,400. This exceeds the estimated maintenance costs of $881,620 for Fiscal Year 1989-90 by $102,780. This increase is primarily attributable to the following factors: The assumption of the Villages landscape maintenance assessment district for a full year. The assumption of a building maintenance person for the four City buildings. A full year of maintenance of the landscaping on the Civic Center grounds. The reassumption of Shannon Park and Alamo Creek Park after reconstruction. The assumption of Dublin High School field maintenance. Proposed Contract The proposed new agreement with MCE incorporates several revisions which have come about to clarify legal requirements. MCE is required to pay prevailing wages on specific types of work, as their work falls under Public Works in the State Labor Code, Sec. 1770 et. seq. The current agreement requires that they comply with all laws, and MCE has indicated that prevailing wages have been paid when applicable. The existing general contract requirements were changed to be more specific (Exhibit 4, Paragraph 19, Page 6 of the new contract). Certified payroll reports may be requested by the City. There is a new Paragraph 6 in the agreement which covers "work not subject to this agreement." Certain types of work are allowed to be removed from MCE's contract and bid as a public project. This conforms with requirements in State Law to bid public projects which exceed $5,000. The new operating budget reduces MCE's scope of work under street repair and striping. Primarily, MCE will be involved with emergency repairs only. The street repair contract that is normally bid with the street overlay work will now have two sections: one for the massive, essentially single-area work that can be done with a large grinding machine, and a second section which will involve smaller hand work and will be spread City-wide. The hand work will be listed as a separate bid item. In order for the City to have a contractor available to make repairs, the bids will be obrtained early in the fiscal year. MCE's sidewalk repair will be limited to asphalt ramping of sidewalk offsets, and all final repairs will be included in the annual sidewalk program. As part of the higher service level recommendation under the Building Management Operating Budget, Staff has included provision for a Building Superintendent position which would manage the City's five facilities (Civic Center, Shannon Center, Senior Center, Swim Center, and Corporation Yard), perform minor maintenance, and supervise building maintenance contracts. The initial step in the Building Management process is proposed to be a complete inventory of the buildings in order to identify and quantify such items as light bulbs, windows, HVAC units, floor coverings, wall coverings, appliances, restroom facilities, and so forth. Once this information is compiled and a Building Management Plan is developed, the Building Superintendent would proceed to act on the Plan's recommendations for regularly scheduled work and overseeing of necessary outside contract work. Regular preventive maintenance procedures can forestall major, expensive repairs in the future. A budget figure of $69,600 is included in the proposed agreement's Schedule of Work for Building Management. The position of Building Superintendent would be filled by an MCE leadman (LL1). That personnel cost, along with the charges for vehicles and materials, make up the proposed budget addition. Exhibit 5 provides a table of proposed labor and equipment rental rate revisions. Note that while labor rates are generally increasing in the 1.5 to 6.5 percent range, equipment charges remain the same or have decreased. The decreases are possible because of the high hourly usage for much of the equipment. The labor charges are in line with Staff's knowledge of the rise in labor market. It is to MCE's credit that they are volunteering to reduce many of their equipment rates based on their analysis of the usage of this equipment. Recommendation It is Staff's recommendation that the City Council adopt the resolution (see Exhibit 3) approving the new Agreement for Fiscal Year 1990-91 as shown in Attachment 1, Schedule of Work, including the revisions to the labor and equipment rates. COMPARISON OF WORKLOAD MEASURES ACTIVITY BUDGET ACTUAL ACTUAL BUDGET 1989-90 PROPOSED 1987-88 1988-89 1989-90 (REVISED) 1990-91 SPILLS TEMPORARY PATCHING POTHOLE PATCHING REMOVE AND REPLACE ASPHALT DRAINAGE INSPECTION CATCH BASINS CLEANED DITCH CLEANING STORM PATROL INSPECTION/ REMOVAL REPLACE SIDEWALK CURB & GUTTER REPLACEMENT INSTALL NEW SIGNS SIGNS REPAIRED STRIPING-LANE LINES STRIPING-LETTERS/SYMBOLS STRIPING-CROSSWALKS CURB PAINTING INSTALL PAVEMENT MARKERS ROADSIDE SPRAYING BIKE PATH MAINTENANCE TREE/BUSH CUTTING TREE TRIMMING SUBCONTRACTOR TREE REMOVAL TREE WATERING TREE REPLACEMENT LITTER PICKUP PRUNE/TRIM BEDDINGS MOW MEDIAN TURF EDGE MEDIAN TURF IRRIGATION INSPECTION/ PROGRAM IRRIGATION REPAIRS REPAIR PAVER STONES MAINTENANCE SUPERVISION 182 HRS 72 144 190 146 46 HRS 77 64 64 65 6 TONS 7 N/A N/A N/A 15,645 SF 4,361 6,390 3,500 0 718 EA 768 934 943 970 374 EA 169 374 50 194 3,030 LF 975 5,850 1,000 1,012 157 HRS 183 468 140 477 2,503 SF 1,136 1,590 217 0 221 LF 112 187 126 0 71 EA 81 91 91 92 271 EA 270 303 290 309 97,924 LF 63,710 85,240 87,000 0 1,549 EA 2,109 1,645 1,320 0 14,993 LF 22,434 12,186 17,177 0 6,337 LF 3,499 9,064 8,637 18,885 773 EA 257 607 300 558 15 AC 14 44 32 9 112 HRS 70 134 200 155 1,223 HRS 613 1,052 700 716 92 EA 238 250 250 250 0 EA 2 5 5 5 7,021 EA 7,434 7,120 3,500 1,290 66 EA 65 114 96 135 1,165 PM 1,061 1,409 850 871 8 AC 5 32 20 28 86 AC 68 117 92 131 211,614 LF 172,952 441,630 303,000 475,020 7,176 EA 6,081 17,848 9,243 11,800 291 HRS 315 967 950 1,006 242 HRS 35 160 160 160 1,908 HRS 1,894 1,856 1,856 1,856 Received from: Dublin. CA 94568 Location: Same as above 1. Storm Drain 2, Street Sign -- 3. Street Sweeping -- 4 PotholelSIreet Repair __ 6 Traffic Signal -- 7 Sidewalk Description of problem: Acbon: Employee: Job Assignment: CITY OF DUBLIN Service Request No. _ Received -- By Dale Other 8. Curb/Gutler Repair 9 Striping/Marking 10. Landscaoe fl. Tree Trimming 12, Roden(tlnsect Problem 13. Zoning Complaint 2414 -- 14 Building & Safely Corr~plaint 15. Information Request 16. Other 2414 CITY OF DUBLIN P.O. Box 2340 Dublin, CA 94568 CITY OF DUBLIN Service Request No. Dublin, CA 94568 Daytime Received Phone ~ __ __ By Localion: Same as above _ Other ~ S~orm Dram __-- 8 Cucb/Gutter Repair 2. Street Sign ___ 9 SIriplngiMarKing -- 3. Sheet Sweeping --. 10. Landscaoe __ 4 PolholelStreet Repair -- fl. Tree Tbmmmg _ . § Street Lighl -- 12, RodenPlnsec~ 6 Traffic Signal Problem -- 7. Sidewalk -- 13 Zoning Combiainl Description ol pro01em: Action Date Time -- 14. Building & Safely Complaint __ 15. Informalion Request __ 16. OIher Employee: Date: DETACH HERE CITIZEN EVALUATION 1. How pleased are you with the City's response? (Circle one~ NO 6 NO OPINION 6 SERVICE REQUEST SUMMARY JUNE 30, 1989 TOTAL NO. OF SERVICE REQUESTS: 52 TOTAL NO. OF RESPONSES RECD.: 15 TOTAL NO. OF IN-HOUSE SERVICE REQUESTS: 4 TOTAL NO. NOT RESPONDING AFTER 2 MONTHS: 26 TOTAL NO. REMAINING OPEN: RESPONSE BREAKDOWN: Job Evaluation: 1 2 Total response 0 1 Average score 4,60 Previous average 4.54 City Evaluation: 1 2 Note: 3 4 5 1 1 12 Total response 0 Average score 4.58 Previous average 4.56 3 4 5 0 0 5 7 Three residents did not give a response in the City evaluation section; total number of responses shown is 12 instead of 15. BREAKDOWN BY TYPE OF PROBLEM: Type: Ttl. SR's Ttl. Resp. #1 Storm drain 3 2 #2 Sign 13 5 #3 Sweeping 10 t #4 St. Repair 8 1 #5 St. Light 0 0 #7 Sidewalk 2 1 #8 Curb & Gutter 0 0 #9 Striping/Marking 1 1 #10 Landscape 5 3 #11 Tree Trim 5 0 #16 Other 5 1 Job Eval. City Eval. (Avg.) (Avg,) 5.00 5 00 500 4 80 4 O0 4 O0 5 00 5 00 0 O0 0 00 2 O0 4 00 000 0 00 3 00 0 00 5 00 4 00 0 00 0 O0 500 0 00 SERVICE REQUEST SUMMARY MAY 31, 1990 TOTAL NO. OF SERVICE REQUESTS: 36 TOTAL NO. OF RESPONSES RECD.: 21 TOTAL NO. OF IN-HOUSE SERVICE REQUESTS: 3 TOTAL NO. NOT RESPONDING AFTER 2 MONTHS: 9 TOTAL NO. REMAINING OPEN: RESPONSE BREAKDOWN: Job Evaluation: 1 2 3 4 5 Total response 1 1 0 1 18 Average score 4.6 Previous average 4.8 City Evaluation: 1 2 3 4 5 Total response 0 0 4 3 13 Average score 4.5 Previous average 4.5 One respondant did not give a rating under the City Evaluation portion of the mailbaek card. Total response shown is 20 rather than 21. BREAKDOWN BY TYPE OF PROBLEM: Type: Ttl. SR's Ttl. Resp. #1 Storm drain 0 0 #2 Sign 10 6 #3 Sweeping 9 5 #4 St. Repair 2 2 #5 St. Light 4 1 #7 Sidewalk 7 6 #8 Curb & Gutter 0 0 #9 Striping/Marking 0 0 ~10 Landscape 0 0 #11 Tree Trim 1 0 #12 Rodent 1 0 #16 Other 2 1 Job Eval. City Eval. (Avg.) <Avg.) 4.5 4.7 5.0 3.8 5.O 5.0 4.0 5.0 4.3 4.6 5.0 4.0 CUMULATIVE -SERVICE REQUEST SUMMARY PARKS MAY 31, 1990 TOTAL NO. OF SERVICE REQUESTS: TOTAL NO. OF RESPONSES RECEIVED: TOTAL NO. OF IN-HOUSE SERVICE REQUESTS: TOTAL NO. NOT RESPONDING AFTER 2 MONTHS: TOTAL NO. REMAINING OPEN: ~+One requested response card not be mailed RESPONSE BREAKDOWN: Job Evaluation: 0 1 2 6O 1 46 Total Response 0 Average Score 5.0 Previous Average 5.0 4 5 0 0 0 0 1 City EValuation 0 1 2 3 4 5 Total Response Average Score Previous Average BREAKDOWN BY TYPE OF PROBLEM: Type: O 3.0 3.0 0 0 1 0 0 Ttl SR's Ttl Resp. Job Eval City Eval (Avs.) #1 Storm Drain #2 Sign #3 Sweeping #4 St. Repair #5 St. Light #7 Sidewalk #8 Curb & Gutter #9 Striping/Marking #10 Landscape #11 Tree Trim #16 Other 6O 1 5.0 3.0 RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR MAINTENANCE SERVICES WITH M.C.E. CORPORATION WHEREAS, M.C.E. Corporation has submitted a proposal for maintenance services which is reasonable and acceptable to the City of Dublin; and WHEREAS, the City of Dublin desires to contract with M.C.E. Corporation for maintenance services as set forth in said proposal; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with M.C.E. Corporation. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED, AND ADOPTED this 26th day of June, 1990. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk ANNUAL PUBLIC WORKS MAINTENANCE AGREEMENT BETWEEN CITY OF DUBLIN AND MCE CORPORATION TITLE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. TABLE OF CONTENTS ANNUAL PUBLIC WORKS MAINTENANCE AGREEMENT Scope of Work 1 Duration of Agreement and Date of Commencement 2 Adjustments to Contract Prices and Work Quantity 2 Scheduled Work 2 Additional Work 3 Work Not Subject to This Agreement 3 Emergency Work 3 Contract Amount and Prices 3 Maintenance Supervision 4 Work Scheduling Procedures 4 Work Reporting Procedures 4 Additional Contractor Responsibilities 5 Protection of Work and Public 5 Compensation and Billing 5 Public Works Headquarters 5 General Provisions 5 Maintenance of Records 6 Equal Employment Opportunity 6 Prevailing Wage 6 Attorney Fees 6 Miscellaneous 6 Notices 6 PAGE AGREEMENT ANNUAL PUBLIC WORKS MAINTENANCE This Agreement is made this , 1990, between THE CITY OF DUBLIN, a municipal corporation ("city"), and MCE CORPORATION, a California corporation, ("Contractor"). The city has elected to perform its public works maintenance and related activities as set forth in Attachment 1 of this document, using private contractors. 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 the Contractor agree as follows: 1. Scope of Work: The city retains Contractor to arrange for, supervise and manage the performance of the work described in the Schedule of Work (Attachment 1) 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 Section A of Attachment 1 at the unit prices listed in Section B or at the time and material rates listed in Section C, as appropriate. The Scope of Work set forth in Section A of Attachment 1 includes the maximum amount the city will pay to Contractor for each activity for fiscal year 1990- 1991. Notwithstanding the foregoing, the city may at any time revise the schedule of work identified in Attachment 1 for budgeting or other reasons as deemed necessary by the City and the estimated annual expenditure for Fiscal Year 1990-91 shall be revised accordingly. The Contractor specifically agrees to: (a) undertake the direct responsibility for the performance of the work in accordance with this Agreement; (b) provide directly, or through subcontractors or as otherwise permitted by this Agreement all labor, materials and supervision necessary for the proper performance of the work in accordance with this Agreement; (c) furnish a Maintenance Superintendent to provide the necessary liaison with the city staff and the required coordination of 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 first class quality; (f) perform all activities necessary and incidental to the orderly performance of the work. 2. Duration of Agreement and Date of Commencement: The term of the Agreement shall be one (1) year commencing July 1, 1990, with provision for an extension of term for two successive one year terms, subject to satisfactory performance during the prior year, as determined by and in the sole discretion of the- city. The city has the option to renew the Agreement, subject to the price modifications that may be agreed upon by city and Contractor. Notwithstanding the foregoing paragraph, the services of the Contractor may be terminated by the city by giving ninety (90) days written notice with or without cause. If the City terminates the Agreement, the Contractor shall be compensated for such services up to the point of termination. Compensation for work in progress will be prorated as to the percentage of progress completed at the date of termination. Contractor may also terminate its services to the city, but must first provide the City with written notice at least ninety (90) days in advance of termination. In such event, City shall compensate Contractor for services up to the point of termination, as provided above. Compensation for work in progress will be prorated as to the percentage of progress completed at the date of termination. 3. Adjustments to Contract Prices and Work Quantity: In the event of extension of the Agreement, no later than Marct, 1st, the 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 expenditure amounts as appropriate. Upon written approval of both parties, the Agreement shall be extended for one (1) year effective July 1st as provided above. 4. Scheduled Work: Ail of the work set forth in Attachment 1 is considered Scheduled Work, except as provided in Section 1. 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 endangers the public safety or public or private property and occurs under circumstances making it either impossible or impractical to obtain city approval before proceeding with the work. In such cases, the Contractor 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. 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. 5. Additional Work: City may require Contractor to provide Additional Work not specifically described herein at rates and quantities negotiated by the City and Contractor. No Additional Work will be undertaken by the Contractor without the prior written approval of the Public Works Director. The Contractor will bill the city for Additional Work in the manner as provided in Attachment 1. 6. Work Not Subiect to this Agreement: 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 accordance with local ordinances and State laws, may directly purchase materials or supplies to be used by Contractor. This shall not restrict Public Works Director from requesting that Contractor, as part of other duties identified in the 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. 7. Emerqenc¥ Work: Emergency call-out procedures will be maintained to provide for emergency response on nights, weekends and holidays. The procedure will be reviewed and updated periodically to ensure its effectiveness. In the event Emergency Work dictates that work be accomplished outside the normal working hours, such as night time, weekends and holidays, appropriate overtime rates shall be used as set forth in Attachment 1. 8. Contract Amount and Prices: Except as provided in Section 1, the total annual estimated budget shall be the sum of the planned expenditure amounts listed in Attachment 1. The actual amount paid to the Contractor shall be based on the amount of work performed according to the costs outlined in Attachment 1 and any subsequent "Additional Work" approved by the City. Work items listed in Attachment 1 shall be billed on a unit price basis or otherwise as set forth in Attachment 1. Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of work. For work listed as "Time and Materials" (T & M), Contractor shall bill the city on the basis of actual costs to the Contractor plus a percentage as stated in Attachment 1, Section C, to cover overhead and management costs. Contractor shall bill Additional Work on the basis mutually agreed to by the Contractor and the City at the time the work is incorporated into the annual maintenance program. 9. Maintenance Supervision: The Contractor shall furnish a Maintenance Superintendent to assume full responsibility for day-to-day maintenance operations, ensuring that resources required to successfully complete the project are applied in a timely manner. In addition to providing the necessary liaison with the City, the Maintenance Superintendent is responsible for: (a) making recommendations to the Public Works Director of work that should be performed but which is not set forth in the Schedule of Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e) responding to citizen calls; (f) assisting in contract administration; (g) maintaining activity reports; and (h) generally administering public works maintenance functions. 10. Work Scheduling Procedures: To the extent possible, it is the intent of this Agreement that the Work be performed on a scheduled, orderly basis. Prior to commencement of work, Contractor shall prepare a schedule 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. The Contractor will prepare monthly work schedules and review them with the Public Works Director. These schedules will represent specific work needs identified as the result of the Contractor's recommendations and requests from the Public Works Director or his designee. Emphasis will be placed on identifying needs to ensure proper timing of work (for example, ditches should be scheduled for cleaning before winter rains). The Contractor will comply with reasonable requests of the Public Works Director as to preferred locations for various types of work. The Contractor will use a service request form to ensure that complete information is obtained on work needs and requests for service. 11. Work Reporting Procedures: The 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 of annual work quantities and expenditures planned versus actual. 4 12. 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. 13. Protection of Work and Public: The Contractor shall take all necessary measures to protect the work and prevent accidents during any and all phases of work. Contractor shall provide and maintain all necessary barriers, flagmen, and/or signs during maintenance procedures. The Contractor will provide at no additional cost, all the advance signing and barricading and also signs, barricades, flashers, and other necessary facilities for the protection of the public within the limits of the maintenance area while maintenance activities are proceeding. 14. Compensation and Billinq: 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 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 city. 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. 15. Public Works Headquarters: city shall provide an office for the Maintenance Superintendent. city shall provide a corporation yard facility from which routine maintenance may be dispatched. Work days shall begin at such time of dispatch from a Dublin corporation yard or as mutually agreed upon by city and Contractor. 16. General Provisions: The general provisions set forth in Attachment 2 are part of this Agreement. In the event of any 5 inconsistency between said general provisions and any other terms or conditions of this Agreement, the other terms or conditions shall control, insofar as it is inconsistent with the General Provisions. 17. Maintenance of Records: Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and such other evidence pertaining to costs incurred and shall make these materials available at reasonable times during the contract period and for one year from the date of final payment under this Agreement for inspection by City. 18. Equal Employment Opportunity: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. 19. Prevailinq Waqe: Contractor shall comply with the provisions of Labor Code Section 1770 et seq., with respect to payment of prevailing wages, maintenance of payroll records and payment of penalties under Labor Code Section 1775. 20. Attorney Fees: If either party brings an action against the other party arising out of or in connection with this Agreement entered into between city and Contractor, the prevailing party is entitled to have and recover from the losing party reasonable attorney fees and costs of suit. 21. A. Miscellaneous: Contractor shall inform City of private clients within the corporate boundaries or sphere of influence of the city during the term of this Agreement. Contractor agrees not to accept other employment which is or may be in conflict with its duties under this Agreement or which may adversely affect the interests of the city. Contractor will endeavor to secure materials from the lowest cost source reasonably available. 22. Notices. Any notice given under this Agreement shall be served by depositing it in the mail, postage prepaid, to the addresses set forth below: A. Notices to the Contractor shall be addressed to: MCE Corporation 2500 Old Crow Canyon Road, Suite 320 San Ramon, California 94583 6 Notices to the city shall be addressed to: city of Dublin P. O. Box 2340 Dublin, California 94568 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF DUBLIN Mayor ATTEST: MCE CORPORATION By: President ATTEST: 7 ATTACHMENT 1 - SCHEDULE OF WORK PRELIMINARY CITY BUDGET FISCAL YEAR 1990-91 REVISED JUNE 18, 1990 A. SCOPE OF WORK The following breakdown identifies tasks which are anticipated to be conducted as part of the Annual Public Works Maintenance Agreement for the Fiscal Year 1990-91. Annual estimated costs include management fees as provided in Section C. Contractor shall schedule work to adhere to these expenditure levels as provided for in this Agreement. ACTIVITY/SUB-ACTIVITY 1990-91 ESTIMATED ANNUAL EXPENDITURE SPILL CLEAN UP $ 5,800 STREET MAINTENANCE · Street Repair 9,800 · Drainage Maintenance 12,000 · Storm Patrol/Clean Up 14,000 · Curb & Gutter/Sidewalks 6,500 · Sign Repair/Maintenance 21,000 · Striping/Marking 14,600 · Guardrail Repair 1,300 · Chemical Weed Abatement 4,500 · Bike Path Maintenance 3,200 Activity Total $ 86,900 MAINTENANCE SUPERVISION $ 78,000 STREET TREE MAINTENANCE · In-House Tree Maintenance $ 43,100 · Contract Tree Pruning 5,600 · Contract Tree Trimming 12,500 · Contract Tree Removal 2,200 · Contract Tree Fungus Spraying 3,600 · Stagecoach Assessment District 4,800 · Dougherty Assessment District 8,700 Activity Total $ 80,500 NEIGHBORHOOD WATCH SIGNS $ 1,700 STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) · Existing Streets Excluding San Ramon $ 157,600 Road Phase IV · Stagecoach Assessment District 24,900 · Dougherty Assessment District 57,500 Activity Total $ 240,000 PARKS MAINTENANCE · · · · · · · · · · · Stagecoach Park Kolb Park Dolan Park Alamo Creek Park (Renovated) Dougherty Hills Mape Park Shannon Park (Renovated) (8 Months) Dublin Sports Ground Valley Swim Center civic Center Senior Center Dublin High School (10 Months) Activity Total BUILDING MANAGEMENT Total 1990-91 Estimated Annual Expenditure 15,600 38,700 41,900 43,900 10,900 14,700 37,000 112,000 18,900 67,800 500 20,000 $ 421,900 $ 69,600 $ 984,400 UNIT PRICES The following activities shall be completed at the Unit Prices indicated. The unit prices are inclusive of all labor, materials, equipment, overhead and management fees. ACTIVITY 1990-91 UNIT PRICE RIGHT OF WAY MAINTENANCE · Chemical Weed Control 120.40 per Acre TURF MAINTENANCE · Fertilize/Weed Control · Aeration 110.25 per Acre 350.00 per Acre BEDDING MAINTENANCE · Fertilization · Chemical Weed Control 114.95 per Acre 116.65 per Acre TREE MAINTENANCE Street Trees · Pruning city Median Trees · Trim for Clearance Only (Under 30') · Trim for Clearance & Balance (Under 30') · Trim for Clearance Only (Over 30') · Trim for Clerance & Balance (Over 30') · Fungus Spraying 8.52 per Tree 20.95 per Tree 41.90 per Tree 38.50 per Tree 77.00 per Tree 4.25 per Tree Park Trees · Prune and Shape (Over 20') · Fungus Spraying 54.40 per Tree 4.25 per Tree TIME AND MATERIALS RATES The following rates shall be applied to work performed by the Contractor which is not specified in Section B (Unit Prices). At all times the Contractor shall strive to utilize the most cost effective elements possible to complete a project. Appropriate overhead and management fees will be applied as indicated. DESCRIPTION OVERTIME HOLIDAY HOURLY DAILY HOURLY HOURLY RATES RATES RATES RATES ( 8 HOURS ) LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer I Landscape Laborer II Landscape Laborer III $30.00 $240.00 $45.00 $ 60.00 21.50 172.00 32.25 43.00 18.10 144.80 27.15 36.20 15.30 122.40 22.95. 30.60 12.10 96.80 18.15 24.20 MCE Crew Superintendent Loader/Backhoe Operator Asphalt Paver Roller Operator Tractor Operator Truck Driver 8-12 C.Y. Truck Driver 4-6 C.Y. Truck Driver 3 C.Y. Transit Cement Finisher Laborer Foreman Laborer 1 Laborer 2 Laborer 3 $46.95 $375.60 $70.42 $ ~93.90 45.95 367.60 68.92 91.90 44.40 355.20 66.60 88.80 44.40 355.20 66.60 88.80 42.20 337.60 63.30 84.40 37.80 302.40 56.70 75.60 37.25 298.00 55.87 74.50 37.25 298.00 55.87 74.50 35.80 286.40 53.70 71.60 34.20 273.60 51.30 68.40 33.20 265.60 49.80 66.40 32.95 263.60 49.42 65.90 32.80 262.40 49.20 65.60 DESCRIPTION EQUIP. WAGES TOTAL OPERATED COST INCL. COST HOURLY FRINGE PER PER RATE BENEFITS HOUR DAY EQUIPMENT RATES Dublin Crew * Flatbed Dump $ 6.50 $ 52.00 * Pickup 5.00 40.00 Mower (21") 2.50 20.00 Mower (36") 3.50 28.00 Mower (72") 9.00 72.00 chain Saw 4.00 32.00 Brush Cutter 3.00 24.00 DESCRIPTION EQUIP. WAGES TOTAL OPERATED COST INCL. COST HOURLY FRINGE~ PER PER RATE BENEFITS HOUR DAY EQUIPMENT RATES (CONTINUED) Power Blower Power Edger Power Hedge Trimmer Power Vacuum (30") Trailer - Large (18') Trailer - Small (8') MCE Crew Asphalt Paver Loader/Backhoe Tractor Roller-Vibratory 3-5 Tons Roller-Vibratory 1-3 Tons Dump Truck 8-12 Yd. Dump Truck 4-6 Yd. Transit Truck 3 Yd. Pickup Crew Cab Pickup Concrete Saw-Self Propelled Concrete Saw - Small Compressor Bitumal Pot Vibra Plate Wacker Power Berm Machine $ 2.00 $ 16.00 2.00 16.00 2.00 16.00 7.00 56.00 3.00 24.00 1.80 14.40 $37.50 $ 44.40 $81.90 $655.20 27.50 45.95 73.45 587.60 22.50 42.20 64.70 517.60 15.00 44.40 59.40 475.20 12.00 44.40 56.40 451.20 22.50 37.80 60.30 482.40 20.00 37.25 57.25 458.00 20.00 37.25 57.25 458.00 7.00 56.00 6.50 52.00 12.50 100.00 8.00 64.00 10.00 80.00 6.00 48.00 6.00 48.00 6.00 48.00 10.00 80.00 OVERHEAD AND MANAGEMENT FEES Applied to MCE Operations Applied to Subcontract Work 20 percent to Street Maintenance 15 percent to all Park Maintenance 10 percent * NOTE: Dublin Flatbed and Pickup rates include cost of two way radios and hand tools. ATTACHMENT 2 GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; 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 it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor. 3. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. (a) Minimum Scope of Insurance. as broad as: Coverage shall be at least Insurance Services office Form Number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services office Form Number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services office Commercial General Liability coverage ("Occurrence" Form CG 0001.) Insurance Services office Form Number CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" and Endorsement CA 0025. Workers' Compensation insurance as required by the Labor Code of the State of california and Employers Liability Insurance. (b) Minimum Limits of Insurance. (c) limits no less than: Contractor shall maintain 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 limit is 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. Automobile Liability: $ 1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $ 1,000,000 per accident. Deductibles and Self-Insured Retentions. Any (d) deductibles or self-insured retentions must be declared to and approved by the city. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages. 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 be de officers, officials, empl=~'ees or volunteers. 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 in excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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. 2. Ail Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Verification of Coveraqe. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The city reserves the right to require complete, certified copies of all required insurance policies, at any time. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. The Ris~ Manager of city may approve a variation in 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 Agreement to 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 this Agreement shall be void and of no effect. 7. PERSONNEL. Contractor shall assign only' competent personnel 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 any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 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 work in which Contractor is engaged~ in the same geographical area. All instruments of service of whatsoever nature which Contractor delivers to city pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person performing Contractor's work. 9. ~OLD ~IARMLESS AND RESPONSIBILITY OF CONTRACTOR: Contractor shall take responsibility for Scheduled Work, Additional Work, and Emergency Work as described in paragraphs 4, 5 and 6 of this Agreement, as such work is performed by Contractor, its employees, agents, and subcontractor in accordance 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 ail loss, liability, expe~se, claim, costs (including costs of defense), suits, and 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 ~xempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. City shall indemnify, defend and hold the Contractor, its employees, officers, directors 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 execution of this Agreement, the parties acknowledge and agree that each has read and understand the provisions hereof and that this section is a material element of consideration. Approval of the insurance 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. 5 COMPARISON OF EQUIPMENT RENTAL RATES 1989-90 1990-91 RATES RATES CHANGE PERCENT CHANGE LABOR RATES DUBLIN CREW MAINTENANCE SUPERINTENDENT LANDSCAPE FOREMAN LANDSCAPE LABORER I LANDSCAPE LABORER II LANDSCAPE LABORER III $ 28.00 HR 20.20 HR 17.00 HR 14.40 HR 11.40 HR $ 30.00 HR 21.50 HR 18.10 HR 15.30 HR 12.10 HR $ 2.00 HR 1.30 HR 1.10 HR 0.90 HR 0.70 HR 7.1% 6.4% 6.5% 6.2% 6.1% MCE CREW SUPERINTENDENT LOADER/BACKHOE OPERATOR ASPHALT PAVER OPERATOR ROLLER OPERATOR TRACTOR OPERATOR TRUCK DRIVER 8-12 C.Y. TRUCK DRIVER 4-5 C.Y. TRUCK DRIVER 3 C.T. TRANSIT CEMENT FINISHER LABOR FOREMAN LABORER I LABORER II LABORER III $ 44.75 HR 43.75 HR 42.30 HR 42.30 HR 40.15 HR 36.75 HR 36.25 HR 36.25 HR 35.10 HR 33.65 HR 32.65 HR 32.45 HR 32.30 HR $ 46.95 HR 45.95 HR 44.40 HR 44.40 HR 42.20 HR 37.80 HR 37.25 HR 37.25 HR 35.80 HR 34.20 HR 33.20 HR 32.95 HR 32.80 HR $ 2.20 HR 2.20 HR 2.10 HR 2.10 HR 2.05 HR 1.05 HR 1.00 HR 1.00 HR 0.70 HR 0.55 HR 0.55 HR 0.50 HR 0.50 HR 4.9% 5.O% 5.O% 5.O% 51% 29% 28% 28% 20% 16% 17% 15% 15% EQUIPMENT RATES ASPHALT PAVER LOADER/BACKHOE TRACTOR ROLLER-VIBRATORY 3-5 TON ROLLER-VIBRATORY 1-3 TON DUMP TRUCK 8-12 C.Y. DUMP TRUCK 4-6 C.Y. TRANSIT TRUCK 3 C.Y. FLATBED DUMP W/R & HT PICKUP CREW CAB PICKUP W/R & HT CONCRETE SAW-SELF PROP. CONCRETE SAW-SMALL AIR COMPRESSOR $ 37.50 HR 27.50 HR 22.50 HR 15.00 HR 12.00 HR 22.50 HR 2O.O0 HR 20.00 HR 7.00 HR 7.0O HR 5.00 HR 12.50 HR 8.00 HR 10.00 HR $ 37.50 HR 27.50 HR 22.50 HR 15.00 HR 12.00 HR 22.50 HR 20.00 HR 20.00 HR 6.50 HR 7.00 HR 5.00 HR 12.50 HR 8.00 HR 10.00 HR N/C N/C N/C N/C N/C N/C N/C N/C $-0.50 HR N/C N/C N/C N/C N/C -7.1% TABLE III (CONTINUED) 1989-90 1990-91 RATES RATES CHANGE PERCENT CHANGE EQUIPMENT RATES (CONTINUED) BITUMAL POT VIBRA PLATE WACKER POWER BERM MACHINE MOWER (21") MOWER (36") MOWER (72") CHAIN SAW BRUSH CUTTER POWER BLOWER POWER EDGER POWER HEDGE TRIMMER POWER VACUUM (30") TRAILER LARGE (18') TRAILER SMALL (8') 6.00 HR 6.00 HR 6.00 HR 10.00 HR 3.00 HR 4 00 HR 10 00 HR 4 00 HR 3 00 HR 2 00 HR 2 O0 HR 2 O0 HR 7 00 HR 4 00 HR 2.00 HR 6.00 HR 6.00 HR 6.00 HR 10.00 HR 2.50 HR 3.50 HR 9.00 HR 4.00 HR 3.00 HR 2.00 HR 2.00 HR 2.00 HR 7.00 HR 3.00 HR 1.80 HR N/C N/C N/C N/C $-0.50 HR -0.50 HR -1.00 HR N/C N/C N/C N/C N/C N/C -1.00 HR -0.20 HR -16.7 % -12.5 % -10.0 % -25.0 % -10.0 % UNIT PRICES REMOVE/REPLACE ASPHALT REMOVE/REPLACE ADD. DEPTH ASPHALT LEVELING/OVERLAY REPLACE SIDEWALK REPLACE DRIVEWAY REPLACE CURB & GUTTER SAW CUTTING FERTILIZE BEDDING CHEMICAL WEED CONTROL MEDIANS CHEMICAL WEED CONTROL R.O.W. TREE TRIMi~ING UNDER 30' TREE TRIKMING OVER 30' TREE WATERING FERTILIZE TURF AERATION TURF PRUNE PARK TREES OVER 20' FUNGUS SPRAYING-TREES 4" SKIP CENTERLINE 4" SOLID EDGELINE 4" SOLID CENTERLINE 6" SOLID BIKE LANE 8" SOLID TURN LANE 12" CONTINUOUS TURN LANE (ONE SIDE) 3.90 SF 0.40 SF 95.00 T 6.90 SF 8.00 SF 18.90 LF 1.85 LF 109.50 AC 111.10 AC 114.70 AC 40.70 EA 74.80 EA 0.83 EA 105.00 AC 333.30 AC 52.80 EA 4.12 EA 0.039 LF 0.057 LF 0.064 LF 0.133 LF 0.165 LF 0.178 LF 4.05 SF 0.42 SF 99.00 T 7.20 SF 8.30 SF 19.60 LF 1.95 LF 114.95 AC 116.65 AC 120.40 AC 41.90 EA 77.00 EA N/A 110.25 AC 350.00 AC 54.40 EA 4.25 EA 0.039 LF 0.057 LF 0.064 LF 0.133 LF 0.165 LF 0.178 LF 0.15 SF' 0.02 SF 4.00 T 0.30 SF 0.3O SF 0.70 LF 0.10 LF 5.45 AC 5.55 AC 5.70 AC 1.20 EA 2.20 EA 5.25 AC 16.70 AC 1.60 EA 0.13 EA N/C N/C N/C N/C N/C N/C 3.8% 5.O% 4.2% 43% 38% 37% 54% 5O% 50% 5O% 29% 29% 5.0% 5.O% 3.0% 3.2% TABLE III (CONTINUED) 1989-90 RATES 1990-91 RATES CHANGE PERCENT CHANGE UNIT PRICES (CONTINUED) 12" DOUBLE CENTERLINE 8' LETTER 12" CROSSWALK 12" LIMIT BAR 8' DIRECTIONAL ARROW 24' DIRECTIONAL ARROW 20' DIAGONAL PARKING LINE PARKING "T" HANDICAP LEGEND (W/BACKGROUND) CURB PAINTING BIKE LANE ARROW BIKE LANE LEGEND 4' PAINT REMOVAL RAISED PAVEMENT MARKERS (REFLECTIVE) RAISED PAVEMENT MARKERS (NON-REFLECTIVE) $ 0.190 LF 4.125 EA 0.444.LF 0.508 LF 10.164 EA 23.441 EA 3.812 EA 2.541 EA 22.233 EA 0.508 LF 3.812 EA 2.541 EA 3.812 SF 4.446 EA 2.541 EA $ 0.190 LF 4.125 EA 0.495 LF 0.508 LF 10.164 EA 23.441 EA 3.812 EA 2.541 EA 22.233 EA 0.508 LF 3.812 EA 2.541 EA 3.812 SF 4.446 EA 2.541 EA N/C N/C $0.051 LF N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C 11.5 % AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND MCE CORPORATION FOR ANNUAL PUBLIC WORKS/MAINTENANCE SERVICES WHEREAS, on September 14, 1987 the City of Dublin (hereinafter referred to as "CITY") , MCE Corporation (hereinafter referred to as ,,CONTRACTOR") , entered into an Agreement to provide Public Works/Maintenance Services to the city of Dublin; and WHEREAS, that Agreement provided for the extension of the term of the Agreement for two consecutive one-year terms subject to the satisfactory performance, by the CONTRACTOR as determined by the CITY; and WHEREAS, the CITY has reviewed the performance of the CONTRACTOR and has determined that the CONTRACTOR has performed satisfactorily; and WHEREAS, an adjustment of fees for services is desired by both the CITY and the CONTRACTOR. NOW, THEREFORE, the parties hereto agree as follows: Section 1: Extension of Contract The City of Dublin extends the Annual Public Works/Maintenance Contract with CONTRACTOR for a period of one year commencing on July 1, 1989 and ending on June 30, 1990. Section 2: Schedule of Work and Adjustment of Rates The CONTRACTOR will perform the Schedule of Work as identified in Attachment 1 and as modified by the CITY for Fiscal Year 1989-90. The CITY also authorizes a change in the rates charged by CONTRACTOR to the CITY as indicated in Attachment 1. CT~ OF DUBLIN city 'C .t - · President ecre~tary r~-~ ~ ~-- , ,.~ ,..,. ATTACHMENT I - SCHEDULE OF WORK PRELIMINARY CITY BUDGET FISCAL YEAR 1989-90 A. SCOPE OF WORK The following breakdown identifies tasks which are anticipated to be conducted as part of the Annual Public Works Maintenance Agreement for the Fiscal Year 1989-90. Annual estimated costs include management fees as provided in Section C. Contractor shall schedule work to adhere to these expenditure levels as provided for in this Agreement. 1989-90 ESTIMATED ACTIVITY/SUB-ACTIVITY ANNUAL EXPENDITURE SPILL CLEAN UP $ 4~500 STREET MAINTENANCE o Street Repair o Drainage Maintenance o Storm Patrol/Clean Up o Curb & Gutter/Sidewalks o Sign Repair Maintenance o Striping/Marking o Guardrail Repair o Chemical Weed Abatement o Bike Path Maintenance 29,000 21,100 12,900 17,200 16,700 35,000 1,300 13,800 4,200 Activity Total 151,200 MAINTENANCE SUPERVISION STREET TREE MAINTENANCE o In-House Tree Maintenance o Contract Tree Watering o Contract Tree Trimming o Contract Tree Removal o Stagecoach Assessment District o Dougherty Assessment District 73,500 $56,700 5,300 15,600 2,200 7,200 10,600 Activity Total NEIGHBORHOOD WATCH SIGNS STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) o Existing Streets Including San Ramon Road Phase III o Stagecoach Assessment District o Dougherty Assessment District $ $ 97,600 1,600 171,500 21,700 76,900 Activity Total 270,100 MISCELLANEOUS WORK $ 10,000 PARKS MAINTENANCE -' O Stagecoach Park $ 14,800 o Kolb Park 38,500 o Dolan Park 41,900 o Alamo Creek Park 39,300 o Dougherty Hills 10,600 o Mape Park 15,600 o Shannon Park (6 Months) 26,700 o Dublin Sports Ground 106,400 o Valley Swim Center 20,150 o civic Center (9 Months) 37,000 Activity Total $ 350,950 Total 1989-90 Estimated Annual Expenditure $ 960,550 B. UNIT PRICES The following activities shall be completed at the Unit Prices indicated. The unit prices are inclusive of all labor, materials, equipment, overhead and management fees. ACTIVITY STREET REPAIR o Remove/Replace Asphalt (4" Depth) 0 - 30 S.F. per patch 30 - 150 S.F. per patch 150 - 300 S.F. per patch Over 300 S.F. per patch o Remove/Replace Additional Depths o Asphalt Leveling/Overlay CURBt GUTTER AND SIDEWALK O Replace Sidewalk o Replace Driveway o Replace Curb & Gutter o Saw Cutting 1989-90 UNIT PRICE $ 6.10 per S.F. 5.00 per S.F. 3.90 per S.F. 2.80 per S.F. .40 per S.F. per inch 95.00 per ton $ 6.90 per S.F. 8.00 per S.F. 18.90 per S.F. 1.85 per L.F. RESTRIPING AND REMARKING o o o o O o o o o o o o o o o o O o o o o 4" Skip Centerline 4" Solid Edgeline 4" Solid Centerline 6" Solid Bike Lane 8" Solid Turn Lane 12" Continuous Turn Lane (One Side) 12" Double Centerline 8' Letter 12" Crosswalk 12" Limit Bar 8' Directional Arrow 24' Directional Arrow 20' Diagonal Parking Line Parking "T" Handicap Legend (w/Background) Curb Paining Bike Lane Arrow Bike Lane Legend 4' Paint Removal Note: .039 pe~L.F. .057 per L.F. .064 per L.F. .133 per L.F. .165 per L.F. .178 per L.F. .190 per L.F. 4.125 Each .444 per L.F. .508 per L.F. 10.164 Each 23.441 Each 3.812 Each 2.541 Each 22.233 Each .508 per L.F. 3.812 Each 2.541 Each 3.812 per S.F. Raised Pavement Markers (Reflective) 4.446 Each Raised Pavement Markers (Non-Reflective) 2.541 Each (1) Restriping unit prices require a minimum of $ 1,000 of work. Less than the above will require a $ 250.00 move-in charge. (2) For small jobs, priority striping or new striping, unit prices may be determined by local subcontractor rates. RIGHT OF WAY MAINTENANCE o Chemical Weed Control 114.70 per Acre TURF MAINTENANCE o Fertilize/Weed Control o Aeration 105.00 per Acre 333.30 per Acre BEDDING MAINTENANCE o Fertilization O Chemical Weed Control 109.50 per Acre 111.10 per Acre TREE MAINTENANCE Street Trees o Trim for Clearance Only (Under 30') o Trim for Clearance & Balance (Under 30') o Trim for Clearance Only (Over 30') o Trim for Clearance & Balance (Over 30') o Fungus Spraying o Tree Watering 20.35 per Tree 40.70 per Tree 37.40 per Tree 74.80 per Tree 4.12 per Tree 0.83 per Tree Park Trees o Prune and Shape (Over 20') o Fungus Spraying 52.80 per Tree 4.12 per Tree TIME AND MATERIAL RATES The following rates shall be applied to work performed by the Contractor which is--not specified in Section B (Unit Prices). At all times the Contractor shall strive to utilize the most cost effective elements possible to complete a project. Appropriate overhead and management fees will be applied as indicated. DESCRIPTION (8 HOURS) OVERTIME HOLIDAY HOURLY HOURLY HOURLY HOURLY RATES RATES RATES RATES LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer I Landscape Laborer II Landscape Laborer III 28.00 224.00 42.00 56.00 20.20 161.60 30.30 40.40 17.00 136.00 25.50 34.00 14.40 115.20 21.60 28.80 11.40 91.20 17.10 22.80 MCE Crew Superintendent 44.75 Loader/Backhoe Operator 43.75 Asphalt Paver Operator 42.30 Roller Operator 42.30 Tractor Operator 40.15 Truck Driver 8-12 C.Y. 36.75 Truck Driver 4-6 C.Y. 36.25 Truck Driver 3 C.Y. Transit 36.25 Cement Finisher 35.10 Laborer Foreman 33.65 Laborer 1 32.65 Laborer 2 32.45 Laborer 3 32.30 358.00 67.12 89.50 350.00 65.62 87.50 338.40 63.45 84.60 338.40 63.45 84.60 321.20 60.22 80.30 294.00 55.12 73.50 290.00 54.38 72.50 290.00 54.38 72.50 280.80 52.65 70.20 269.20 50.48 67.30 261.20 48.98 65.30 259.60 48.68 64.90 258.40 48.45 64.60 DESCRIPTION EQUIP. COST HOURLY RATE WAGES TOTAL OPERATED INC. COST FRINGE PER PER BENEFITS HOUR DAY EQUIPMENT RATES Dublin Crew * Flatbed Dump * Pickup Mower (21") Mower (36") Mower (72") chain Saw Brush Cutter 7.00 5.00 3.00 4.00 10.00 4.00 3.00 56.00 40.00 24.00 32.00 80.00 32.00 24.00 Power Blower Power Edger Spray Tank w/Trailer Power Hedge Trimmer Power Vacuum (30") Trailer - Large (18') Trailer - Small (8') Hand Tools (per truck) Two Way Radio 2.00 2.00 2.50 2.00 7.00 4.00 2.00 .50 .50 16.00 16.00 20tO0 16.00 56.00 32.00 16.00 4.00 4.00 MCE Crew Asphalt Paver 37.50 Loader/Backhoe 27.50 Tractor 22.50 Roller - vibratory 3-5 Tons 15.00 Roller - Vibratory 1-3 Tons 12.00 Dump Truck 8-12 Yd. 22.50 Dump 4-6 Yd. Transit Truck 3 Yd. Flatbed Dump Pickup Crew Cab 20.00 20.00 8.50 7.00 Pickup 6.50 Concrete Saw-Self Propelled 12.50 Concrete Saw - Small 8.00 Compressor Bitumal Pot vibra Plate Wacker Power Berm Machine Hand Tools (per Truck) Two Way Radio 10.00 6.00 6.00 6.00 10.00 .50 .50 42.34 79.80 43.75 71.25 40.15 62.65 42.30 57.30 42.30 54.30 36.75 59.25 36.25 56.25 36.25 56.25 638.40 570.00 501.20 458.40 434.40 474.00 450.00 450.00 68.00 56.O0 52.00 100.00 64.00 80.00 48.00 48.00 48.00 80.00 4.00 4.00 OVERHEAD AND MAI~AGEMENT FEES Applied to MCE Operations Applied to Subcontract Work 20 percent to Street Maintenance 15 percent to all Park Maintenance 10 percent * NOTE: Dublin Flatbed and hand tools. and Pickup rates include cost of two way radios ANNUAL PUBLIC WORKS MAINTENANCE AGREEMENT Between CITY OF DUBLIN and ~CE CORPORATION T~TLE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. TABLE OF CONTENTS ANNUAL PUBLIC WORKS HAINTENANCE AGREEMENT Scope of Work Duration of Contract and Date of Commencement Adjustments to Contract Prices and Work Quantity Scheduled Work Additional Work Emergency Work Contract Amount and Prices Maintenance Supervision Work Scheduling Procedures Work Reporting Procedures Additional Contractor Responsibilities Protection of Work and Public Compensation and Billing Public Works Headquarters Insurance and Indemnify Independent Contractor Licenses and Permits Assignment Maintenance of Records Equal Employment Opportunity Attorney Fees Miscellaneous Notices PAGE 1 1 2 2 2 2 3 3 3 3 4 4 4 4 4-6 6 6 6 6 6 6 7 7 AGREEMENT ANNUAL PUBLIC WORKS MAINTENANCE This Agreement is made this L~-YPT~._~'~-xm~./~, 1987 between THE CITY OF DUBLIN, a municipal corporation- ("City")~ and MCE CORPORATION, a California corporation, ("Contractor"). The City has elected to perform its public works maintenance and related activities as set forth in Attachment 1 of this document, using private contractors. 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 the Contractor agree as follows: 1. Scop.e of Work: The City retains Contractor to arrange for, supervise and manage the performance of the work described in the Schedule for Work (Attachment 1) (q,nd as otherwise specified in this Agreement; and for additional work, Additional Work") as is called for in this Agreement. Notwithstanding the foregoing, the City may at any time revise the schedule of work identified in Attachment I for budgeting or other reasons as deemed necessary by the City and the estimated annual expenditure for Fiscal Year 1987-88 shall be revised accordingly. The Contractor specifically agrees to (a) undertake the direct responsibility for the performance of the work in accordance with this Agreement; (b) provide directly, or through subcontractors or as otherwise permitted by this Agreement all labor, materials and supervision necessary for the proper performance of the work in accordance with this Agreement; (c) furnish a Maintenance Superintendent to provide the necessary liaison with the City staff and the required coordination of 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 first-class quality; (f) perform all activities necessary and incidental to the orderly performance of the work. 2. Duration of Contract and Date of Commencement: The term of the Agreement ~'l be one (1) year commencing July 1, 1~87, with provision for an extension of term for two successive one-year terms, subject to satisfactory performance during the prior year, as determined by and in the sole discretion of the City. The City has the option to renew the Agreement, subject to the price modifications that may be agreed upon by City and Contractor. Notwithstanding the foregoing paragraph, the services of the Contractor may be terminated bx the City by giving ninety (90) days written notice with or without cause. If the City terminates the Agreement the Contractor shall be compensated for such services up to the point of termination. Compensation for work in progress will be prorated as to the percentage of progress completed at the date of termination. Contractor may also terminate its services to the City, but must first provide the City with written notice at least ninety (90) days in advance of termination. 3. ~djustments to Contract Prices and Work Quanti~)~.' No later than Harch 1st, the 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 expenditure amounts as appropriate. Upon written approval of both parties, the Contract shall be extended for one (1) year effective July I as provided above. 4. Scheduled Work: All of the work set forth in Attachment i is considered scheduled work, except as provided in Section 1. Contractor shall perform no work in addition to scheduled work, unless (a) additional work is approved in advance by the City Hanager or (b) an emergency situation exists. An emergency situation is one which endangers the public safety or public or private property and occurs under circumstances making it either impossible or impractical to obtain City approval before proceeding with the work. In such cases, the Contractor will proceed with the work to the extent necessary to relieve said danger and shall specifically inform the City Manager 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 City Manager. 5. Additional Work: City may require Contractor to provide additional wo~ n6t-spec~fi~ally described herein at rates and quantities negotiated by the City and Contractor. The City Hanager at his discretion may recommend that projects of a large scope be approved by the City Council for competitive bid. Contractor shall be entitled to participate in the bid process. No additional work will be undertaken by the Contractor without the approval of the City Hanager. The Contractor will bill the City for additional work in the manner as provided in Attachment 1. 6. £merg~ncy Work: Emergency call-out procedures will be maintained to provide for emergency response on nights, weekends and holidays. The procedure will be reviewed and updated periodically to ensure its effectiveness. In the event emergency work dictates that work be accomplished outside the normal working hours, such as night time, week- ends, and holidays, appropriate overtime rates shall be used as set forth in Attachment 1. 7. Contract Amount and Prices: Except as provided in Section 1, the total annual es't-~mate'd budg~-t shall be the sum of the planned expenditure amounts listed in Attachment 1. The actual amount paid to the Contractor shall be based on the amount of work performed according to the costs outlined in ..Attachment 1 and an~-'subsequent "Additional Work" approved by the City. Work items listed in Attachment i shall be billed on a unit price basis or otherwise as set forth in the schedule. Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of work. For work listed as "Time and Materials" (T&M), Contractor shall bill the City on the basis of actual costs to the Contractor plus a percentage as stated on Attachment 1, Section C, to cover management costs. Contractor shall bill Additional Work on the basis mutually agreed to by the Contractor and the City at the time the work is incorporated into the annual maintenance program. 8. M~in~en~n~e Supervision: The Contractor shall furnish a Maintenance Superintendent to assume full responsibility for day-to-day maintenance operations, insuring 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 City Manager of work that should be performed but which is not set forth on the Schedule of Work, (b) identifying work programs, (c) scheduling (d) assisting and supervising work crews, (e) responding to citizen calls, (f) assisting in contract administration, (g) maintaining activity reports, and (h) generally administering public works maintenance functions. 9. Work Schedu!i_n_g Pro_cedures_:_ To the extent possible, it is the intent of ~h-i-s Agreement that the Work be performed on a scheduled, orderly basis. The Contractor will prepare monthly work schedules and review them with the City Manager. These schedules will represent specific work needs identified as the result of the Contractor's recommendations and requests from the City Manager or his designee. Emphasis will be placed on identifying needs to insure proper timing of work (for example, ditches should be scheduled for cleaning before winter rains). The Contractor will comply with reasonable requests of the City Manager as to preferred locations for various types of work. The Contractor will use, a service request form to insure that complete information is obtained on work needs and requests for service. 10. Work £epo[ting Procedures: The Contractor shall submit a Monthly Work Summary Report to the City Manager on or before the lOth 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 of annual work quantities and expenditures planned versus actual. 11. Additional £ontractor 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. They will report maintenance deficiencies to designated MCE, City staff members,~,or appropriate agency. 12. Protection of Work and Public: The Contractor shall take all necessary measures to protect the work and prevent accidents during any and all phases of work. He shall provide and maintain all necessary barriers, flagmen, and/or signs during maintenance procedures. The Contractor will provide at his own expense, 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. 13. Compensation and Billing: For work performed and services rendered, Contractor shall submit monthly bills to the City by the loth 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 City. B. For additional work for which no unit prices have been agreed upon, compensation shall be agreed upon between the City Manager 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. 14. Public Works Headquarters: City shall provide an office for the Maintenance Superintendent. City shall provide a corporation yard facility from which routine maintenance may be dispatched. Work days shall begin at such time of dispatch from a Dublin corporation yard or as mutually agreed upon by City and Contractor. 15. Insurance and Indemnity: a. MCE warrants that Scheduled Work, Additional Work and Emergency Work as defined in paragraphs 4, 5 and 6 will be performed and completed in a safe manner without causing personal injury or property damage. MCE will indemnify, hold City harmless and defend City from claims involving HCE Scheduled, Additional and Emergency Work. City will indemnify and hold MCE harmless and defend HCE from claims other than Scheduled, Additional and Emergency Work. b. Insurance. Contractor shall obtain and maintain insurance and shall require each subcontractor to obtain and maintain insurance as provided in this paragraph. (1) Compensation Insurance. Contractor shall maintain during the life of this Agreement, workers' compensation insurance for all Contractor's employees employed at the site of the work, and in case any work is sublet, Contractor shall require any subcontractor similarly to provide workers' compensation insurance for all subcontractor's employees, unless such employees are covered by the protection afforded by Contractor. In case a class of employees engaged in work under this Agreement is not protected under the workers' compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance. (2) Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall insure City, its elective and appointive officers, agents and employees, Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations hereunder, whether such operations by Contractors operations hereunder, whether such operations by Contractor or a subcontractor or be anyone directly or indirectly employed by either Contractor or subcontractor. The amounts of insurance sha.ll be as follows: a. Automobile Insurance. Vehicular public liability insurance with minimum coverages of $500,000.00 for property damage $1,000,000.00 for injury to one person/any one occurrence and $1,000,000.00 for injury to more than one person/any one occurrence. b. Public Liability Insurance. In an amount not less than $1,000,000.00 for injuries, including, but not limited to death, to any one person and, subject to the same limits for each person, in an amount not less than $1,000,000 on account of any one occurrence. C. Property Damage Insurance, In an amount of not less than $500,000.00 for damage to the property of each person on account of any one occurrence. (3) Contractual Liability Insurance. Contractor shall take out and maintain during the life of this Agreement, a policy of Contractual Liability Insurance in the amount of at least $500,000.00 each occurrence, $500,000.00 aggregate insuring City, its elective and appointive officers, agents and employees, Contractor and any subcontractor performing work covered by this Agreement against damages sustained by reason of any action or demand by reason of breach or alleged breach of any contract, or by reason of any contractual liability or alleged contractual liability on any contract for the performance of work covered by this Agreement entered into by Contractor or a subcontractor, agent or employee. (4) Evidence of Insurance. Contractor shall furnish City with satisfactory evidence of the insurance required and evidence that each carrier is required to give City at least 3 days prior notice of the cancellation or reduction in coverage of the policy during the effective period of this Agreement. All Certificates of Insurance which are a part of this Agreement shall be approved by the City Manager and City Attorney as to form and content. 16. I_ndependent Contractor: Contractor is an independent Contractor and shall not be considered an employee of the City. It is understood that in the performance of services under this Agreement, Contractor is operating independent of the control of the City (other than normal contract monitoring) and possesses no authority to act as an agent or representative of the City. As such, Contractor is not a public official as defined in the California Fair Political Practices Act and is not subject to the city's local conflict of interest code. 17. Licenses and Permits: Contractor represents and warrants to City that it shall maintain in effect all licenses, permits, qualifications and approvals that are legally required for Contractor to perform under this Agreement. 18. Assignment: This Agreement may not be assigned or subcontracted unless City con~ents in advance in writing. An assignment or subcontracting in violation of this provision is void. 19. ~aintenance of Records Contractor shall maintain all books, documents, papers, employee time,beets, accounting records and such other evidence pertaining to costs incurred and shall make these materials available at reasonable times during the contract period and for one year from the date of final payment under this Agreement for inspection by City. 20 Equal Employment Opportunity: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. 21. Attorne~t Fees: If either party brings an action against the other party arising out of or in connection with this Agreement entered into between City and Contractor, the prevailing party is entitled to have and recover from the losing party reasonable attorneys fees and costs of suit. 22. Hiscellaneous: Contractor shall inform City of private clients within the corporate boundaries or sphere of influence of the City during the term of this Agreement. Contractor agrees not to accept other employment which is or may be in conflict with its duties under this Agreement or which may adversely affect the interests of the City. Contractor will endeavor to secure materials from the lowest cost source reasonably available. 23. Notices: Any notice given under this Agreement shall be served by depositing it in the mail, postage prepaid, to the addresses set forth below: A. Notices to the Contractor shall be addressed to: HCE Corporation 7 Crow Canyon Court, Suite 200 San Ramon, California 94583 Notices to the City shall be addressed to: City of Dublin P.O. Box 2340 Dublin, California 94568 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF DUBLIN ATTE ST: - - City Clerk HCE C~RPO~AT. I OI~'~.~ ~' / ' President- ATTEST: [ SecreCy- 8 !1 MCE CORPORATION Maintenance -- Construction -- Engineering MCE CORPORATION SELF-EVALUATION QUALITY OF SERVICES MCE believes it has provided a high level of service to the City of Dublin and in a responsive manner. The attached Service Request Summary Four Year Statistics shows that total service requests per year have dropped from 181 in fiscal year 1985-86 to 52 in fiscal year 1988-89. At the same time the evaluation of how the service requests are handled has risen from 4.20 to 4.60 over the same time frame. It is also interesting to note that the responders' evaluation of the City itself has risen from 3.78 to 4.58 over the same period. EXPENDITURES MCE has consistently underspent the approved budget over the last two years. In 1987-88, MCE underexpended the approved budget by 25% and in 1988-89, the amount of underexpenditure was 15%. We are constantly looking for ways to reduce the cost of maintenance to the City of Dublin. We are subcontracting out work when we can obtain unit price commitments that can perform work at a lower unit cost than in-house work forces. PERFORMANCE-BASED WORK PROGRAM AND BUDGET MCE's continued use of the performance-based work program and budget with the resulting management reports allows us the capability to track costs and compare unit costs as discussed in the previous paragraph. The system is used to update prior year's planning values in order to more accurately budget for the following year. Inventory items are updated to reflect construction changes to the street and park systems. As additional parks, streets, assessment districts and renovation projects are proposed for the city, annual maintenance costs can be projected based on the types and quantity of physical features that are being proposed for the facility. 2500 Old Crow Canyon Road, Suite 320, San Rm MCE CORPORATION SELF-EVALUATION CONTINUED SHIFT WORK MCE continues to provide staff to administer the Work Alternative Program using inmates supplied by the Alameda County Sheriff's office. These inmates are used for roadside litter pickup and weeding in city street medians and parks and in assessment districts. MCE has also provided a late shift worker that performs certain preplanned maintenance work as well as assisting in meeting room preparation at the civic Center and Shannon Center. This late shift worker also secures city buildings at night after the meetings conclude. February 16, 1990 CITY OF DUBLIN MEMORANDUM Date: To: From: Subject: July 24, 1989 City Manager Public Works Department Service Request Sunnnary Four Year Statistics Attached is the final service request report for ~Y 1988-89. Following is a summary of the number of requests by category and evaluation percentages for the past four fiscal years: ~. 1988-89 1987i88 1986-87 1985-86 #1 Storm Drain 3 11 13 26 #2 Street Sign 13 6 21 24 #3 Sweeping 10 24 12 25 #a Street Repair 8 2 8 15 #5 Street Light 0 5 6 27 #7 Sidewalk 2 4 8 9 #8 Curb & Gutter 0 0 1 1 #9 Striping 1 0 2 3 #10 Landscape 5 4 5 3 #11 Tree Trimming 5 7 9 29 #12 Rodent/Insect 0 0 0 2* #13 Zoning 0 0 0 3* #14 Building 0 0 0 1' #16 Other 5 5 6 13 TOTALS' 52 68 91 181 (*These items have been referred to outside agencies or other departments for the past three years.) Mailback Responses Rec'd 15 % Responding 28.8% 37 23 64 54.4% 25.3% 35.4% EvalUation Ratings (based on a scale of 1 to 5, with 5 being the highest). Job 4.60 4.51 4.43 4.20 City 4.58 4.03 3.63 3.78 ~7hile the total number of service requests has decreased since FY87-88, notably in the categories of storm drain service and street sweeping, increases were noted in the following categories: Service Request Summary Four Year Statistics July 24, 1989 Page 2 _ Sign maintenance: The number of requests for sign maintenance increased from 6 to 13. This category also includes Neighborhood Watch Sign installations, of which there were 5. At least two of the signs repaired were obviously vandalized. Street repair: These requests were primarily for pothole repair. The number of pothole requests in FY1987-88 was very low (2), probably because of the lack of rain. Since FY1988-89 had a more normal rainfall, the number of potholes increased again. It should also be noted that one pothole turned out to be in San Ramon, and two were a result of DSRSD leaks. Striping: This item increased from zero'to one request, which involved vandalism to a crosswalk. Landscaping: This item also increased only by one request over the last fiscal year. Three of the five requests pertained to vandalized irrigation systems in the Stagecoach Road assessment district.