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HomeMy WebLinkAboutItem 8.1 MCE AmendAgrmnt91-92 (2) CITY OF DUBLIN AGENDA STATEMENT SUBJECT: City Council Meeting Date~ June 24, 1991 Amendment to Agreement with MCE Corporation for Public Works Maintenance (Budget and Rates) Report prepared by Public Works Director Lee Thompson EXHIBITS ATTACHED:  Schedule of Rates fo Fiscal Year RECO~ENDATION;~ Aadu~otr~zeeSOMlaU~ior°ntoaPePrxe°cV~eg.amendment 1) Submittal from MCE including the following: a) Comparison of Contract Costs by Fiscal Year (Table I) b) Comparison of Workload Measures by Fiscal Year (Table II) c) Comparison of Proposed Changes to Labor and Equipment Rates (Table III) d) Staffing Comparison e) Self-Evaluation 2) Current agreement 3) Resolution Approving the Proposed Amendment to the Agreement and Identifying the Schedule of Work and 1991-92 to agreement and 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 (emergency) Guardrail Repair Weed Abatement Bike Path Maintenance Street Tree Maintenance Street Landscaping Maintenance Park Maintenance Building Maintenance and Management On July 1, 1990, the City entered into an agreement covering a three-year period with MCE Corporation. The agreement may be terminated at the end of a given year if the City determines that the Contractor's performance has been unsatisfactory. This three-year agreement will expire on June 30, 1993. Shown below is a comparison of the contract costs authorized by the City for Fiscal Year 1990-91 with the estimated costs which will be incurred for Fiscal Year 1990- 91 by activity. ITEM NO.~ COPIES TO: Maynard Crowther, MCE ~~.~ ~0--~0 Stan Smalley, MCE Activity Contract Budget Estimated 1990-91 1990-91 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 Additional Work Maintenance Supervision Stagecoach A.D. Trees Stagecoach A.D. Ldscp. Dougherty A.D. Trees Dougherty A.D. Ldscp. Building Management $ 5,800 $ 4,600 9,800 ~11,200 12,000 6,300 14,000 5,200 6,5O0 5,600 21,000 22,100 14,600 9,000 1,300 0 4,500 5,100 3,200 3,000 67,000 65,400 157,600 165,000 1,700 400 421,900 388,500 0 32,600 78,000 76,900 4,8OO 2,5OO 24,900 26,000 8,700 5,400 57,500 45,300 69,600 65,600 Total MCE Contract Cost: $ 984,400 Over/Under 1990-91 Budget $ ( -500) 1,400 ( -5,?00) (-8,800) ( -900) 1,000 (-5,600) (-1,300) 6OO ( -200) ( -1 600) 7 400 ( -1 300) (-33,400) 32,600 ( -1 100) (-2,300) 1 100 (-3,300) (-12,200) (-4,000) $ 945,700 (-38,100) As indicated above, it is anticipated that MCE will spend $38,100 less than they were authorized to spend in Fiscal Year 1990-91. This is primarily attributable to the fo]lowing factors: 1) Low rainfall affecting drainage activities. 2) The Shannon Park Renovation project was not completed as early as anticipated, resulting in reduced maintenance cost. 3) Most striping and marking activities are now performed under a separate contract. Other than curb painting, MCE has not been required to perform this activity. The projected overage in Landscape Maintenance is primarily attributable to increased costs for additional manual weed removal and pruning of bedding plants, which was generated by need, significant repair or replacement of irrigation heads due to vandalism, and the beginning of conversion to drip irrigation systems. The expenditures in the "Additional Work" category primarily consist of subcontract pool maintenance costs. At the time the budget was developed it was anticipated that this function would be directly contracted by the City instead of through MCE. The remainder of the "Additional Work" costs were for MCE participation in the Shamrock Potato Festival, meeting setups at the Shannon Center, and paver stone repairs on Civic Plaza when the detector loops were changed by the City's signal maintenance contractor. 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. Proposed Services for Fiscal Year 1991-92 The proposed schedule of work for Fiscal Year ]99t-92 is shown in Attachment 1 of the Amendment to the Public Works Maintenance Agreement (Exhibit 3). As always, the scheduled work is tentative and will not be finalized until the City Council approves the Budget. As indicated in the Schedule of Work, the estimated contract costs for maintenance services provided by MCE for Fiscal Year 1991-92 total $1,024,600. This exceeds the estimated Fiscal Year 1990-91 maintenance costs of $945,700 by $78,900. This increase is primarily attributable to the following factors: 1) A 5% direct wage increase and the associated benefit increase for the MCE crews which work permanently in Dublin. 2) A 5% wage increase and 2.3% benefit increase for the Maintenance Superintendent. - 2 - 3) Increased unit prices from the chemical subcontractor who performs fertilization and pest control and from the tree trimming subcontractor. 4) Maintenance of Shannon Park for a full year. The new park amenities and increased landscaping will be much more labor-intensive than the previous park configuration. 5) Maintenance of the Dublin High School football field for a full year. 6) Maintenance of Alamo Creek Park Phase II for a full year. 7) Assumption of maintenance for part of a year for the San Ramon Road Phase IV project and the new portion of the Dougherty Road bike path. The wage and benefit increases noted in Item 1 above are cost-of-living direct wage increases and associated benefit increases for medical insurance, workers' compensation, and retirement benefits. The Maintenance Superintendent is to receive an additional 2.3% benefit increase, as he has reached the five-year plateau and is thus entitled to an additional week of annual vacation time. Minor adjustments were made in some of the equipment rental rates to reflect changes indicated by MCE's equipment management system. Exhibit l(c) indicates these changes, which are not expected to significantly impact the overall budget for FY1991-92. Recommendation It is Staff's recommendation that the City Council adopt the resolution (Exhibit 3) approving the amendment to the agreement for Fiscal Year 1991-92, which establishes a Schedule of Work and revisions to the labor and equipment rates. The modification to the Agreement will be effective for work performed after July 1, 1991. -3- ACTIVITY SPILL CLEAN UP STREET REPAIR DRAINAGE MAINTENANCE STORM PATROL CURB & GUTTER/SIDEWALK SIGN REPAiRS/INSTALLATION STRIPING & MARKING GUARDRAIL REPAIR WEED ABATEMENT BIKE PATH MAINTENANCE STREET TREE MAINTENANCE LANDSCAPE MAINTENANCE NEIGHBORHOOD WATCH PARK MAINTENANCE ADDITIONAL WORK MAINTENANCE SUPERVISION STAGECOACH A. D. TP. EES STAGECOACH A. D. LANDSCAPE DOUGHERTY A. D. TREES DOUGHERTY A. D. LANDSCAPE BUILDING MANAGEMENT TOTAL MCE CONTRACT COST TABLE I FINAL PRELIMINARY BUDGET JUNE 18, 1991 BUDGET ACTUAL ACTUAL BUDGET 1990-91 1988-89 1989-90 1990-91 (REVISED) $ 2,817 $ 6,931 $ 5,800 $ 4,600 43,894 24,555 9,800 11,200 16,408 6,494 12,000 6,300 5,263 4,351 14,000 5,200 11,278 4,725 6,500 5,600 19,131 15,935 21,000 22,100 41,700 30,631 14,600 9,000 0 0 1,300 0 4,688 6,528 4,500 5,100 1,368 2,112 3,200 3,000 56,659 49,738 67,000 65,400 135,595 144,442 157,600 165,000 576 676 1,700 400 293,188 319,944 421,900 388,500 32,483 82,736 0 32,600 73,334 72,856 78,000 76,900 1,540 2,624 4,800 2,500 27,749 23,996 24,900 26,000 43 1,564 8,700 5,400 9,722 32,963 57,500 45,300 N/A N/A 69,600 65,600 $777,436 $833,801 $984,400 $945,700 PROPOSED 1991-92 $ 6,800 6,600 13,200 8,300 6,100 23,600 13,400 1,300 6,000 3,900 66,500 185,000 40O 437,200 0 80,400 5,200 33,300 7,900 42,700 76,800 $1,024,600 ACTIVITY AMOUNT UNDER BUDGET STREET REPAIR DRAINAGE MAINTENANCE STORM PATROL CURB & GUTTER/SIDEWALK STRIPING & MARKING GUARDRAIL REPAIR WEED ABATEMENT BIKE PATH MAINTENANCE STREET TREE MAINTENANCE $ 4,445 15.3 14,606 69.2 8,549 66.3 12,475 72.5 4,369 12.5 1,300 100.0 7,274 52.7 2,088 49.7 30,062 37.7 57.7 60.5 NEIGHBROHOOD WATCH SIGNS 924 DOUGHERTY ASSESSMENT DISTRICT 52,973 TABLE II FINAL PRELIMINARY BUDGET JUNE 18, 1991 ACTIVITY SPILLS TEMPORARY 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 (STREETS) REPAIR PAVER STONES MAINTENANCE SUPERVISION MOW PARK TURF IRRIGATION INSPECTION/ PROGRAM (PARKS) BUDGET ACTUAL ACTUAL BUDGET 1990-91 PROPOSED 1988-89 1989-90 1990-91 (REVISED) 1991-92 72 HRS 182 146 156 158 77 HRS 43 65 102 99 4,361 SF 3,317 0 0 0 768 EA 943 970 956 1,968 169 EA 41 194 47 98 975 LF 0 1,012 957 229 183 HRS 131 477 192 268 1,136 SF 217 0 0 0 112 LF 126 0 0 0 81 EA 80 92 90 91 270 EA 204 309 222 224 63,710 LF 53,334 0 0 0 2,109 EA 848 0 0 0 22,434 LF 16,345 0 0 0 3,499 LF 8,080 18,885 18,303 18,276 257 EA 261 558 177 167 14 AC 32 9 9 14 70 HRS 181 155 130 159 613 HRS 828 716 958 967 238 EA 110 250 272 250 2 EA 0 5 4 5 7,434 EA 3,821 1,290 1,472 1,290 65 EA 87 135 8 22 1,061 PM 620 871 242 106 5 AC 5 28 44 28 68 AC 69 131 119 125 173 MLF 202 475 353 271 6,081 EA 5,581 11,800 13,100 15,321 35 HRS 71 160 307 150 1,894 HRS 1,850 1,856 1,856 1,832 1,444 AC 1,541 1,876 1,620 1,704 7,732 EA 2,647 8,076 5,142 10,530 FINAL-PRELIMINi~R¥ BUDGET JUNE t8~ 1991- RATES RATES CHANGE CHANGE LABOR RATES DUBLIN CREW MAINTENANCE SUPERINTENDENT LANDSCAPE FOREMAN IANDSCAPE LABORER I LANDSCAPE LABORER II LANDSCAPE LABORER III DUBLIN EQUIPMENT RATES PICKUP W/R & HT FLATBED W/R & HT MOWER (21") MOWER (36") MOWER (72") CHAIN SAW BRUSH CUTTER POWER BLOWER POWER EDGER POWER HEDGE TRI~ER POWER VACUUM (30") TRAILER LARGE (18') TRAILER SMALL (8') POWER WASHER MCE CREW SUPERINTENDENT LOADER/BACKHOE OPERATOR ASPHALT PAVER OPERATOR ROLLER 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 MCE EQUIPMENT RATES ASPtIALT PAVER BACKHOE LOADER 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 PICKUP CREW CAB PICKUP CONCRETE SAW-SELF PROP. CONCRETE SAW-SMALL AIR COMPRESSOR BITUMAL POT VIBRA PLATE WACKER POWER BERM MACHINE UNIT PRICES FERTILIZE BEDDING CHEMICAL WEED CONTROL MEDIANS CHEMICAL WEEK cONTROL R,O.W. TREE TRI~LMING UNDER 30' TREE TRIMMING OVER 30' FERTILIZE TURF AERATION TURF PRUNE PARK TREES OVER 20' FUNGUS SpRAYING-TREES $ 30.00 HR $ 32.50 HR $ 2.50 HR 8.3 21.50 HR 22.80 HR 1.30 HR 6.0 18.10 HR 19.20 HR 1.10 HR 6.1 15.30 HR 16.20 HR 0.90 HR 5.9 12.10 HR 13.00 HR 0,90 HR 7.4 $ 5.00 HR 6.50 HR 2.50 HR 3.50 HR 9.00 HR 4.00 HR 3.00 HR 2 00 HR 2 O0 HR 2 00 HR 7 O0 HR 3 O0 HR 1 80 HR N/A $ 46.95 HR 45.95 HR 44.40 HR 44.40 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 $ 37.50 HR 27.50 HR 27 50 HR 15 00 }{R 12 00 HR 22 50 HR 20 O0 HR 20 00 HR 7.50 HR 7.00 HR 6.50 HR 12.50 HR 8.00 }IR 10.00 HR 6.00 HR 6.00 HR 6.00 HR 10.00 HR $114.95 AC 116.65 AC 120.40 AC 41.90 EA 77.00 EA 110.25 AC 350.00 AC 54.40 EA 4.25 EA 5. O0 HR N/C 6.50 HR N/C 2.00 HR -0.50 HR -20.0 3.00 HR -0.50 HR -14.3 10.00 HR 1.00 HR 11.1 4.00 HR N/C 3.50 HR 0.50 HR 16.7 1.50 HR -0.50 HR -25.0 1.50 HR -0.50 HR -25.0 2.50 HR 0.50 HR 25.0 5.00 HR -2.00 HR -28.6 2.50 HR -0.50 HR -16.7 1.80 HR N/C 9.00 HR N/A N/A 47.40 HR $ 0.45 HR 1.0 46.40 HR 0.45 HR 1.0 44.85 HR 0.45 HR 1.0 44.85 HR 0.45 HR 1.0 38.30 HR 0.50 HR 1.3 37.80 HR 0.55 HR 1.5 37.80 HR 0.55 HR 1.5 36.50 HR 0.70 HR 2.0 34.65 HR 0.45 HR 1.3 33.65 HR 0.45 HR 1.4 33.45 HR 0.50 HR 1.5 33.30 HR 0.50 HR 1.5 $ 37.50 tlr N/C 32.50 HR $ 5.00 18.2 31.25 }IR 3.75 13.6 18.75 HR 3.75 25.0 15.00 HR 3.00 25.0 25.00 HR 2.50 11.1 22.50 HR 2.50 12.5 22.50 HR 2.50 12.5 8.50 HR 1.00 13.3 8.50 HR 1.50 21.4 7.50 HR 1.00 15.4 12.50 HR N/C 8.00 HR N/C 12.50 HR 2.50 25.0 6.25 H]~ 0.25 4.2 6.50 HR 0.50 8.3 6.50 HR 0.50 8.3 12.50 HR 2.50 25.0 $ 121.85 AC $ 6.90 AC 6.0 123.65 AC 7.00 AC 6.0 127o65 AC 7.25 AC 6.0 41.90 EA N/C 0.0 77.00 EA N/C 0.0 116.85 AC 6.60 AC 6.0 148.50 AC 201.50 AC (58.0) 54.40 EA N/C 0.0 4.70 EA 0.45 EA 10.5 STAFFING COMPARISONS FINAL PRELIMINARY BUDGET JUNE 18, 1991 AREA/POSITION PUBLIC WORKS ADMIN. SUPERINTENDENT BUILDING MANAGEMENT LLF LLIII 1990-91 BUDGET 1 557 HR 1991-92 PROPOS 1.00 1.00 0.30 STREET MAINTENANCE LLII LLIII STREET TREE LLII LLIII STREET LANDSCAPE MAINT LLF · LLI LLII LLIII PARK MAINTENANCE LLF LLI LLII LLIII GRAND TOTAL 1 1 2 1 1 1 17 557 HR 1.30 0.50 1.00 1.50 0.50 0.75 1.25 1.00 1.00 1.00 2.25 5.25 1.00 1.00 2.00 3.00 7.00 17.30 DUBLNSTF.WKi:6/18/91:SPS NiCE CORPORATION ,~aintenance -- Construction -- Engineerin9 MCE CORPORATION SELF-EVALUATION QUALITY OF SERVICE_S MCE believes it has provided a high level of service to the city The attached · ' a responsive manner. of D. ubl_ln an=d c,l~mnmarv Four Year statistics shows ~t. hat~t.o.t~a~l~ Service ~equesc ....... ., ..... ..~ .... ed from 181 in ~lsca~ ~ service requests per year nav~ u~v~ .' iscal year 1988-89. At the same time the 1985-86. to 52 in .,f -f ..... uests are handled h. as risen, fr.om e serv~ ~=~ ' evaluation of how ?.n ..... it is also ~nterestlng ~o 4.60 over the same t~ .fr, a ....... , 4+= f has risen 4.,20 .t.o .......... ders' evaluation of the City ~ el 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 PROGR/d4 ARD 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. 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 prep~anned 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 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 1 Scope of Work Duration of Agreement and Date of Commencement 2 Adjustments to Contract Prices and Work Quantity 2 2 Scheduled Work 3 Additional Work Work Not Subject to This Agreement 3 3 Emergency Work 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 6 Prevailing Wage 6 Attorney Fees 6 Miscellaneous 6 Notices AGREEMENT AI~NUAL PUBLIC WORKS MAINTENANCE ~..,t .~' ~ 1990, between This Agreement is made this {/~?'~ '~" ' THE CITY OF DUBLIN, a municfPal 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. D_uration of A~reement and Date of commenc__emen~: 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. ~d~ustments to contract Prices and work_~aDtit--Y: In the event of exte--nsio---~ of the Agreement, no later than March ].st, 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 undel- circumstances making it either impossible or impractical to obtain city apDr0val 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. AddiZion~l W~oork: city may requL-e 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~% to this ~ reement: The Public Works Director a~ 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 t~he 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. Eme_~ency_WOr~: 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 tile city. ~ork 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. 3 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 Subject to this Aqreement: 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. 3 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. Mmintenance 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 ~ork crews; (e) responding to citizen calls; (f) assist:Lng in contract administration; (g) maintaining activity reports; and (h) generally administering public works maintenance functions. 10. Work schedulinq Procedures: To the extent possible, it is the intent of this Agreement that the Work be performed on a scheduled, orderly basis. Prior to commencement of work, 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 Reportinq 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 complete¢!, 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. A_~dditional 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. ~rotection 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. comDensation 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 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. ~loyment OD~: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. 19. prevailinq wa~e: 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 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 :'"..-~ ' Ma~r ATTEST: MCE CORPORATION By: Mayhard A. Crow pz/esident ATTEST: Staniey p//Smal 1 ey Vice President 7 ATTACHMENT 1 - SCHEDULE OF WORK PRELIMINARY CITY BUDGET FISCAL YEAR 1990-91 REVISED JUNE 18, 1990 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. 1990-91 ESTIMATED ANNUAL EXPENDITURE ACTIVITY/SUB-ACTIVITY SPILL CLEAN UP STREET MAINTENANCE $ 5,800 9,800 · Street Repair 12,000 · Drainage Maintenance 14,000 · Storm Patrol/Clean Up 6,500 · Curb & Gutter/Sidewalks 21,000 · Sign ~epair/Maintenance 14,600 · Striping/Marking 1,300 · Guardrail Repair 4,500 · Chemical Weed Abatement 3,200 · Bike Path Maintenance Activity Total MAINTENANCE SUPERVISION STREET TREE MAINTENANCE · In-House Tree Maintenance · Contract Tree Pruning · Contract Tree Trimming · Contract Tree Removal · Contract Tree Fungus Spraying · Stagecoach Assessment District · Dougherty Assessment District Activity Total NEIGHBORHOOD WATCH SIGNS STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) · Existing Streets Excluding San Ramon Road Phase IV ~ Stagecoach Assessment District · Dougherty Assessment District Activity Total $ 86,900 $ 78,000 $ 43,100 5,600 12,500 2,200 3,600 4,800 8,700 $ 80,500 $ 1,700 $ 157,600 24,900 57,500 $ 240,000 PARKS MAINTENANCE · · o Stagecoach Park Kolb Park Dolan Park Alamo Creek Park (Renovated) Dougherty Hills Mape Park Shannon Park (Renovated) Dublin Sports Ground Valley swim Center civic Center Senior Center Dublin High School (10 Months) (8 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 5O0 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 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 DESCRIPTION $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 EQUIP. WAGES TOTAL OPERATED COST INCL. COST HOURLY FRINGE PER PER RATE BENEFITS HOUR DAY EQUIPMENT RATES Dublin Crew $ 52 00 * Flatbed Dump $ 6.50 ' * 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 · 16.00 2.O0 16.00 2.00 56.00 7.00 24.00 3.00 14.40 1.80 $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 56.00 7.00 52.00 6.50 100.00 12.50 64.00 8.00 8O.00 10.00 48.00 6.00 48.00 6.00 48.00 6.00 80.00 10.00 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 ~.. iNDEPENDENT CONTRA~CTOR~. At all times during the term of this kgreement, 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 pEP~ITS_~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. TIM____E_E. 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. iNSURANC___E RE u~ENTS_- 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 Ins~uranc~e. Coverage shall be at least as broad as: 1. 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.) 2. Insurance Services office Form Number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and Endorsement CA 0025. 1 3. Wor~ers' Compensation insuranca .s required by the Labor Code of the State of california and Employers Liability Insurance. (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 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. 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 $ 1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must b~ declared (d) 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: 1. 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 0 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. go 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. 3 The Rism Manager of city may appY /e 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. CO__NT~RACTOR NO AGE~NT~. 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. Ail 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. H~OLD }{ARMLE.S_S AND R. ESPONSIBILITY 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 h01d harmless the city, its officers, officials, employees and agents from and 4 against any or aK± loss, liability, expe. a, 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 exempt 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. RESOLUTION NO. -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR MAINTENANCE SERVICES WITH M.C.E. CORPORATION AND IDENTIFYING THE SCHEDULE OF WORK AND SCHEDULE OF RATES FOR FISCAL YEAR 1991-92 WHFREAS, the City of Dublin and M.C.E. Corporation entered into an agreement for provision of maintenance services as of July 1, 1990; and WHEREAS, the term of the agreement covers a three-year period expiring on June 30, 1993; and WHEREAS, the City has the ability to terminate the agreement in the event that the performance by M.C.E. Corporation has been unsatisfactory; and WHEREAS, M.C.E. Corporation has submitted a request for adjustment of rates which is in accordance with the provisions of the agreement; and WHEREAS, the City of Dublin wishes to have M.C.E. Corporation continue providing services during the upcoming Fiscal Year; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with M.C.E. Corporation which is attached hereto as "Exhibit A," to become effective as of July 1, 1991. Said amendment establishes a Schedule of Work for Fiscal Year t991-92 and an adjustment to the rates charged pursuant to the agreement. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment to the agreement. PASSED, APPROVED, AND ADOPTED this 24th day of June, 1991. AYES: NOES: ABSENT: ATTEST: City Clerk Mayor AMENDMENT TO AGREEMENT BET.~EN CITY OF DUBLIN AND MCE CORPORATION FOR ANNUAL PUBLIC WORKS/MAINTENANCE SERVICES WHEREAS, on June 26, 1990 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, 1991 and ending on June 30, 1992. 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 1991-92. The CITY also authorizes a change in the rates charged by CONTRACTOR to the CITY as indicated in Attachment 1. CITY OF DUBLIN Mayor ATTEST: City Clerk MCE CORPORATION President ATTEST: Secretary ATTACHMENT 1 - SCHEDULE OF WORK PRELIMINARY CITY BUDGET FISCAL YEAR 1991-92 FINAL PRELIMINARY BUDGET JUNE 18, 1991 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 1991-92. 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. 1991-92 ESTIMATED ACTIVITY/SUB-ACTIVITY ANNUAL EXPENDITURE SPILL CLEAN UP $ 6,800 STREET MAINTENANCE o Street Repair 6,600 o Drainage Maintenance 13,200 o Storm Patrol/Clean Up 8,300 o Curb & Gutter/Sidewalks 6,100 o Sign Repair/Maintenance 23,600 o Striping/Marking 13,400 o Guardrail Repair 1,300 o Chemical Weed Abatement 6,000 o Bike Path Maintenance 3,900 Activity Total $ 82,400 MAINTENANCE SUPERVISION $ 80,400 STREET TREE MAINTENANCE o In-House Tree Maintenance $ 44,700 o Contract Tree Pruning 6,600 o Contract Tree Trimming 8,700 o Contract Tree Removal 2,200 o Contract Tree Fungus Spraying 4,300 o Stagecoach Assessment District 5,200 o Dougherty Assessment District 7,900 Activity Total $ 79,600 NEIGHBORHOOD WATCH SIGNS $ 400 STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) o Existing Streets Including San Ramon $ 185,000 Road Phase IV (7 Months) o Stagecoach Assessment District 33,300 o Dougherty Assessment District 42,700 Activity Total $ 261,000 PARKS MAINTENANCE 0 0 0 0 0 0 0 0 0 0 0 0 Stagecoach Park Kolb Park Dolan Park Alamo Creek Park Dougherty Hills Dublin Sports Ground Mape Park Shannon Park Valley Swim Center civic Center Dublin High School Senior Center Activity Total BUILDING MANAGEMENT Total 1991-92 Estimated Annual Expenditure 16,300 43,150 36,300 37,150 9,900 111,000 16,800 51,100 23,800 72,400 18,800 500 $ 437,200 $ 76,800 $ 1,024,600 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 1991-92 UNIT PRICE RIGHT OF WAY MAINTENANCE o Chemical Weed Control 127.65 per Acre TURF MAINTENANCE o Fertilize/Weed Control o Aeration 116.85 per Acre 148.50 per Acre BEDDING MAINTENANCE o Fertilization o Chemical Weed Control 121.85 per Acre 123.65 per Acre TREE MAINTENANCE Street Trees o Pruning City Median 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 Clerance & Balance (Over 30') o Fungus Spraying 8.52 per Tree 20.95 per Tree 41.90 per Tree 38.50 per Tree 77.00 per Tree 4.70 per Tree Park Trees o Prune and Shape (Over 20') o Fungus Spraying 54.40 per Tree 4.70 per Tree C4 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 HOURLY HOURLY RATES RATES RATES LABOR RATES Dublin Crew Maintenance Superintendent Landscape Foreman Landscape Laborer I Landscape Laborer II Landscape Laborer III $ 32.50 $ 48.75 $ 65.00 22.80 34.20 45.60 19.20 28.80 38.40 16.20 24.30 32.40 13.00 19.50 26.00 MCE Crew Superintendent Loader/Backhoe Operator Asphalt Paver Roller 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 $ 47.40 $ 71.10 $ 94.80 46.40 69.60 92.80 44.85 67.27 89.70 44.85 67.27 89.70 38.30 57.45 76.60 37.80 56.70 75.60 37.80 56.70 75.60 36.50 54.75 73.00 34.65 51.97 69.30 33.65 50.47 67.30 33.45 50.17 66.90 33.30 49.95 66.60 DESCRIPTION EQUIP. COST HOURLY RATE EQUIPMENT RATES Dublin Crew * Flatbed Dump * Pickup Mower (21") Mower (36") Mower (72") Chain Saw Brush Cutter $ 6.50 5.00 2.00 3.00 10.00 4.00 3.50 DESCRIPTION EQUIP. COST HOURLY RATE EQUIPMENT RATES (CONTINUED) Power Blower Power Edger Power Hedge Trimmer Power Vacuum (30") Trailer - Large (18') Trailer - Small (8') Power Washer MCE Crew Asphalt Paver Backhoe Loader 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 1.50 1.50 2.50 5.00 2.50 1.80 9.00 $ 37.50 32.50 31.25 18.75 15.00 25.00 22.50 22.50 8.50 7.50 12.50 8.00 12.50 6.25 6.50 6.50 12.50 OVERHEAD AND MANAGEMENT FEES Applied to MCE Operations Applied to Subcontract Work 17 percent 10 percent * NOTE: Dublin Flatbed and Pickup rates include cost of two way radios and hand tools.