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Home My WebLink AboutItem 4.20 MCE Amend Agreement CITY CLERK File # D~][n][l2]-[S][O] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 20, 2006 SUBJECT: Amendment to Agreement with MCE Corporation - Extension of Time and Adjustment of Rates Report Prepared bv Melissa Morton, Public Works Director ATTACHMENTS: I) 2) Resolution and Proposed Amendment Current Agreement RECOMMENDATION:o/dl>Pt Resolution Approving Amendment to Agreement FINANCIAL STATEMENT: This anlendment provides for an approximately 3% rate increase, The in~rease is included in the proposed hudget for Fiscal Year 2006-2007 DESCRIPTION: MCE Corporation has provided Public Works Maintenance services to the City of Dublin since 1984 The services provided include the following activities: . Bike Path Maintenance . Building Management and Maintenance . Curb, Gutter, and Sidewalk (emergency or tempmary repair) . Drainage Maintenance . Guardrail Repair . Park Maintenance . Sign Installation, Repair & Maintenance . Spill Cleanup . Storm Patwl/Cleanup . Street Landscaping Maintenance . Street Repair (emergency or temporary repair) . Street Tree Maintenance . Striping and Marking (emergency replacement I . Weed Abatement ___________________________________________~________.~_~______________________________________________M_W____ COpy TO: Stan Smalley, MCE Corporation Page 1 of2 ITEM NO. 4-. 20 g:\consult\mcc\agenda statement amendment interim ~()06 C/ The current agreement with MCE Corporation expires June 30, 2006, Staff is in the process of revIsing the agreement to confonn more closely with the Ci ty' s standard agreement for consultants aJld contractors, The City nceds additional time to draft certain conditions and negotiate specIfic points with MCE's legal counsel, It is therefore proposed to extend the current agreement to such time as the details can be formulated, The amendment would allow up to one year for completing the new agreement; however, the actual time frame is estimated to be two to three months. At the time the new agreement is presented to the City Council for reVIew and approval, StalTwill also conduct the complete perfonnance review that is typically performed at the time a new agreement is prepared, The Table I attachment compares the estimated actual cxpenditure for 2005-2006 to the adopted hudget for MCE's work, The estimated expenditure for 2005-2006 is $47,539 higher than the 2005-2006 budget The significant overages occurred in the areas of Storm Patrol and Drainage Maintenance, which are pomarily weather-related; Community Promotion, due to more extensive activity on City events than originally forecast; maintenance of the Shannon Center building, due to several occurrences ofvandalism, and maintenance of the Fire Stations, due to replacement of several major appliances. These overages were offset by a significant reduction in the estimated cost of park maintenance, as Emerald Glen Phase ill was not accepted as early as planned, MCE's hike path maintenance expense was reduced due to the approval of an agreement with East Bay Regional Park District for certain trail maintenance activlhes, In addition to the items noted in the paragraph ahove, MCE also completed $143,428 in "additional work" during 2005-2006, "Additional work" is a term applied to activities which are not included in the normal forecast for repair and maintenance activities, These would include items budgeted as "improvements" in the various operating budgets or MCE staff involvement in Capital hnprovement Projects, The total proposed 2006-2007 hudget for MCE's activities is $3,219,867, which is $176,420 higher than the estimated actual expenditure for 2005-2006, In addition to a requested 3% rate increase, the park maintenance budget has increased due to the acceptance of Emerald Glen Park Phase III for a full year The budgets for several of the line items noted in the paragraph above arc proposed to be less than the 2005-2006 estimated actual, as these are expected to return to a normal level, As noted in the Financial Statement, MCE Corporation is requesting a 3% rate increase for the Dublin cre"', mcludmg lahor cost, vehicle cost, and suhcontractors. The rates for the MCE construction crew, which is utilized for certain infrequent activities such as patch paving, are also proposed to increase by an average of 3%, The details of the rate increases are included in the Table III aUachment to the proposed amendment The proposed budget for 2006-2007 includes the 3% rate inereasc, MCE applies a 15% management fee to subcontract work and material costs, For 2006-2007, MCE's staffing level (Table IV) is proposed to mcrease by approximately three-quarters of a full-time person, The staffing increase is associated with maintenance of Emerald Glen Park Phase III for a full year This brings the Full Time Equivalent (FIE) for MCE's staff to 2436, including one Superintendent, three Foremen, and 2036 Landscape Laborers, levels I, II, and III, The work performed by subcontractors is not mcluded in the FTE, Staffrecol11l11ends that the City Council adopt the resolutJon approving the amendment to the agreement Page 2 ofl lrt~v RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT TO AGREEMENT WITH MCE CORPORATION FOR MAINTENANCE SERVICES WHEREAS, the City Council approved a three-year agreement with MCE Corporation for Public Works Maintenance Services effective July I, 2003 ("Agreement"); and WHEREAS, the Agreement provided a detailed scope of work and labor rates for Fiscal Year 2003-2004 and was amended wIth updated rates for Fiscal Years 2004-2005 and 2005-2006; and WHEREAS, the Agreement expires on June 30, 2006, and a more comprehensive agreement is hemg prepared, but it will not be completed before the Agreement expires; and WHEREAS, the parties desire that the Agreement be extended until such time as the new agreement can be revIewed and approved by the City Councilor until June 30, 2007, whichever occurs first; and WHEREAS, MCE Corporation is requesting an adjustment of rates for Fiscal Year 2006-2007, which has been reviewed in conjunction with preparahon of the budget for Fiscal Y car 2006-2007 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the Agreement with MCE Corporation, attached hereto as "Exhibit A," with an effective date of July 1,2006, BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, AYES NOES ABSENT ABSTAIN Mayor ATTEST City Clerk (P.Zf;-Ol,p /..f,W ATTAUDT I. g-\contractlmce\resolution amendment interim 2006 EXHIBIT "A" OF RESOLUTION ~ -06 2ffb Zip AMENDMENT NUMBER THREE TO AGREEMENT BETWEEN CITY OF DUBLIN AND MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES This amendment is made and entered into this I st day of July 2006, by and between the City of Dublin, a municipal corporation ("City"), and MCE Corporation, Inc, ("Contractor"), Collectively, the City and the Contractor are referred to as the "Parties," RECITALS WHEREAS, effective July 1, 2003, the Parties entered into a Public Works Maintenance Agreement in which the Contractor agreed to provide Public Works Maintenance Services to City ("Agreement"), which included a schedule of rates for fiscal year 2003-2004, and WHEREAS, the Agreement was amended to provide an updated schedule of rates for fiscal year 2004-2005 ("Amendment Number One"); and WHEREAS. the Agreement was amended to provide an updated schedule of rates for fiscal year 2005-2006 ("Amendment Number Two"); and WHEREAS, the current Agreement expires on June 30, 2006; and WHEREAS, MCE has requested an adjustment of rates for Fiscal Year 2006- 2007; and WHEREAS, the Parties intend to thoroughly update the terms of the Agreement (''the Revised Agreement"), but the Revised Agreement will not be completed prior to the expiration of the Agreement on June 30, 2006, and WHEREAS, although the Parties anticipate that the Revised Agreement will be completed shortly and shortly thereafter approved by the City Council, the Parties desire to extend the Agreement for a one-year period to provide additional time for the Revised Agreement to be completed; and WHEREAS, the Parties also intend to adjust MCE's rates for 2006-2007 NOW, THEREFORE, the Parties hereto agree as follows: Section I, Paragraph 1 of the Agreement is amended to read as follows: 1 TERM OF AGREEMENT The term of this agreement shall be for four years, beginning on July 1,2003 and terminating on June 30, 2007 This agreement shall supersede all previous mIBIT A To the Resolution -:s 10 2-l.P agreements that Contractor has or has had with City City may terminate the services of Contractor by providing 90 days written notice with or without cause. In the event of such termination, Contractor shall be compensated for such services up to the point of tennination, Compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination, If Contractor terminates its services to the City, it must provide written notice at least 90 days in advance of such termination, Notices shall be provided as indicated in Section 12 below. Section 2, Tables I, II, III, and IV to the Agreement are hereby replaced with the attached Table I (Proposed Budget), Table II (Perfonnanee Indicators), Table ill (proposed Rates and Unit Costs), and Table IV (Staffing Comparisons), Section 3, modified herein, The existing Agreement remains in effect except as specifically CIlY OF DUBLIN MCE CORPORATION Mayor ~f?~ President A nEST: A TrEST: City Clerk (!(u xl (/#iez Secretary g;k:tmtrcratlmcelamnditNnt rnl8rlm 2006 mce TABLE I CITY OF DUBLIN PROPOSED BUDGETS AS SUBMITTED TO CITY COUNCIL AS OF MAY 30, 2006 Lf~ 'Z (p APPROVED PROPOSED ACTUAL ACTUAL BUDGET ESTIMATED BUDGET ACTIVITY 2003 - 2004 2004 - 2005 2005 - 2006 2005 - 2006 2006 - 2007 STREET REPAIR $11,231 $24,182 $50,000 $ 49,911 $ 51,430 208-30200-740-020 DRAINAGE MAINT $12,801 $13,871 $18,389 $ 27,091 $ 28,898 208-30200-740-021 DRAINAGE MAINT (G.F) $20,092 $ 20,092 $ 20,895 001-30200-740.021 STORM PATROL $13,913 . $18,391 $22,040 $ 34,479 $ 25,088 208-30200-740-022 CURB & GUTTER / $13,881 $5,161 $7,699 $ 7,899 $ 7,930 SIDEWALK 206-30200-740-023 SIGN REPAIRS/INSTALL $38,415 $51,653 $55,000 $ 54,983 $ 58,000 208-30200-740-024 NEIGHBORHOOD WATCH $454 $305 $752 $ 462 $ 475 001-30200-740-024 STRIPING & MARKING $1,791 $2,699 $5,500 $ 5,500 $ 5.665 206-30200-740-025 GUARD RAil REPAIR $220 $0 $203 $ 870 $ 209 206-30200-740-026 WEED ABATEMENT $59,952 $54,893 $56,137 $ 85,202 $ 67,153 206-30200-740-027 BIKE PATH MAINT $19,313 $41,712 $47,125 $ 37,679 $ 38,812 206-30200-740-028 SPill CLEANUP $12,197 $12,079 $15,881 $ 15,540 $ 16,003 206-30200-740-030 MAINTENANCE $116,808 $122,290 $124,970 $ 127,304 $ 131,126 SUPERVISION 001"30100-740-029 STREET TREE MAINT $117,583 $97,251 $99,430 $ 98,807 $ 103,529 001-30400-740-000 STAGECOACH A D TREES $1,307 $514 $101 $ 103 $ 107 711-30400-740-000 DOUGHERTY A D, TREES $2,549 $867 $760 $ 760 $ 783 713-30400-740-000 SANTA RITA AD TREES $18,613 $9,121 $17,716 $ 16,490 $ 19,577 716-30400-740-000 lANDSCAPE MAINT $425,030 $467117 $524,225 $ 525,934 $ 541,766 001-30500-740-000 Dublin, City of - 'Tables - 2006-;W07.xls Page 1 TABLE I CITY OF DUBLIN PROPOSED BUDGETS AS SUBMITTED TO CITY COUNCIL AS OF MAY 30,2006 ~.oo 7.. (p APPROVED PROPOSED ACTUAL ACTUAL BUDGET ESTIMATED BUDGET ACTIVITY 2003 - 2004 2004 - 2005 2005 - 2006 2005 - 2006 2006 . 2007 COMMUNITY PROMOTIONI $70,995 $92,240 $79,544 $ 90,730 $ 91,909 EVENTS 001-30500-731-000 STAGECOACH A. D $11,193 $19,176 $15,190 $ 18,237 $ 16,480 LANDSCAPE 711-30500-740-000 DOUGHERTY A. D $18,028 $9,692 $10,759 $ 10,El41 $ 11,254 LANDSCAPE 713-30600-740-000 SANTA RITA AD $111,374 $143,752 $161,027 $ 165,460 $ 171961 LANDSCAPE 716-30500-740-000 PARK MAINTENANCE $1,059,021 $1,177,436 $1,278,876 $ 1,244,954 $1,396,215 001-80200-740-000 BUILDING MANAGEMENT $237,935 $201,607 $179,947 $ 181,444 $ 185,846 001-1 0500-740-000 SHANNON CENTER BUILDING $6,227 $7,805 $ 14,242 $ 15,370 001-80500-740,000 SWIM CENTER BUILDING $19,816 $19,849 $ 19,938 $ 20,890 001-81000,740,000 OLD SENIOR CENTER BLDG, $13,420 $0 $ 1,611 $ 001_80800_740_000 NEW SENIOR CENTER $1,379 $12,137 $ 12,984 $ 14,280 001_80800_740_000 DUBLIN LIBRARY $36,909 $62,990 $63,548 $ 66,566 $ 64,471 001-80100-740-000 HERITAGE CENTER $5,097 $8,245 $8,153 $ 8,217 $ 8,507 001-80120-740-000 DUBLIN CEMETERY $43,181 $31,742 $44,256 $ 42,931 $ 44,480 001-80130-740-000 FIRE STATION BUILDING $19,766 $34,203 $31,059 $ 55,585 $ 45,321 001-20600-740-000 FIRE STATION GROUNDS $5,254 $14,385 $17,738 $ 18,701 $ 17,859 001-20600-740-000 ADDITIONAL WORK $203,104 $194,801 $0 $ 143,428 $ FUNDING ACCT VARIES TOTAL MCE CONTRACT COST '" $2,687,895 $2,953,197 $2,995,908 $ 3,186,875 $3,219,867 WIO ADDITIONAL WORK '" $2,484,791 $2,758,396 $2,995,908 $ 3,043,447 $3,219,867 Publin, City of. Tables. 2006-2007.xls Page 2 TABLE II CITY OF DUBLIN PERFORMANCE INDICATORS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2006 (p~ 1.0 BUDGET PROPOSED ACTUAL ACTUAL 2005 - 2006 ESTIMATED BUDGET ACTIVITY 2003 . 2004 2004 - 2005 FINAL 2005 - 2006 2006 - 2007 MAl NT SUPERVISION A8-01 ,03 (01) 1,934 HRS 2,004 1,984 2,044 2,044 30100-740-029-001 SPILLS A1-01, 02 (01) 194 HRS 230 284 275 275 30200-740-027-206 TEMPORARY PATCHfNG A7-01 42 HRS 74 63 28 28 (01) 30200-740-020-206 ORAINAGE INSPECTION 01-01 1,656 EA 1,735 1,833 1,853 1,853 (01) 30200-740-021-222 CATCH BASINS CLEANED 01-02 406 EA 278 293 694 694 (D1) 30200-740-021-222 OITCH CLEANING 01-04 (01) 4,428 LF 1,590 7,458 4,031 4,031 30200-740-021-206 STORM PATROL 02-01,02 378 HRS 428 497 497 497 INSPECTION / REMOVAL (01) 30200-740-022-206 INSTALL NEW SIGNS 04-01, A5-01 197 EA 165 287 283 283 (01) 30200-740-024-001,206 SIGNS REPAIREO 04-02, 03, A5-02 111 EA 188 148 146 146 (D1) 30200-740-024-001,206 CURB PAINTING 05-01 (01) 1,607 LF 1,404 3,991 3,991 3,991 30200-740-025-206 ROADSIDE SPRAYING 07-01 51 AC 32 69 69 69 (01) 30200-740.027-206 REMOVE & REPLACE ASPHALT 3,000 SF 7,500 13,800 13,800 13,800 BIKE PATH INVENTORY 7 60 AC 760 8.87 8,87 8.87 BIKE PATH MAINTENANCE 08-01 (01) 428 HRS 783 908 726 726 30200-740-028-206 TREE/BRUSH CUTTING A3-01 (01) 320 HRS 142 218 226 226 30400-740-000-001,711,713,716 TREE STAKING A3-02(01 ,02,03,04,09) 505 EA 436 812 697 697 30400-740-000.001,711,713,716 TREE PRUNINGA3.-03,08,09, A4-03(01 ,02) 2,372 EA 1,542 2,373 2,072 2,072 (03,04,09) 30400-740-000-001,711,713,716 TREE PLANTING A3.04(D1 ,02,03,04) 76 EA 41 58 64 64 (09)30400-740-000-001,711,713,716 Dublin, CITY of. Tables ~ 20DB-2007.xls TABLE II CITY OF DUBLIN PERFORMANCE INDICATORS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2006 1 if[) ],..(p BUDGET PROPOSED ACTUAL ACTUAL 2005 - 2006 ESTIMATED BUDGET ACTIVITY 2003 - 2004 2004 - 200~ FINAL 2005 - 2006 2006 - 2007 TREE FERTILIZING A3.05 (01,02,D3,04) 566 EA 689 857 857 857 (09) 30400-740-000-001,711,713,716 TREE WATERING A3-06 (01) 563 EA 431 1,502 735 735 30400-740-000-001 TREE REMOVAL A3-07, A4-04(01,02,03) 32 EA 30 69 57 57 (04,09) 30400-740-000-001,711,713,716 TREE TRIMMING A4-01 (01) 17 EA 162 150 150 150 SUBCONTRACTOR 30400-740-000-001 LITTER PICKUP A6-01, A6-02(01 ,02,03\ 1,448 HRS 1,862 1,552 1,679 1,679 (04,09) 30200-740-000-001,711,713,716 LEAF CLEANUP A6-03(D1,D2,03,04,09) 871 HRS 689 796 803 803 30500-740.000-001,711,713,716 PRUNE BEOOING PLANTS A6-1 0(01 ,02) 1,097 HRS 1,876 1,770 1,769 1,769 (03,04,09) 30500-740-000.001,711,713,716 PRUNE SHRUBS A6-16 (01,02,03,09) 20,112 EA 15,122 20,352 20,710 20,706 30500-740-000-001,711,713,716 MOW MEOIAN TURF A6-21 (01,02,09) 253 AC 249 280 280 280 30500-740-000-001,713,716 EDGE MEOIAN TURF A6-22 (01,02,09) 561 MLF 605 761 761 761 30500-740-000-001,713,716 IRRIGATION INSPECTION/PROGRAM 24,946 STA 33,711 37,506 32,911 32,911 (STREETS) A6-30,31 (01,02,03,04,09) 30500-740-000-001,711,713,716 IRRIGATION HEAO REPAIR A6-32(01 ,02) 1,776 EA 1,218 2,466 1,691 1,636 (03,04,09) 30500-740-000-001,711,713,716 OTHER IRRIGATION SYSTEM REPAIRS 653 HRS 617 947 917 917 (VALVES, BACKFLOWS, CONTROLLERS, LINES) A6-33,34,35,36 (01,02,03,04,09) 30500-740-000-001,711,713,716 ILLEGAL SIGNS/HAZARDS A6-BO (01,02) 275 HRS 309 324 316 316 (09) 30500-740-000"001,716 Publin, City of - Tables - 2006-2007 xis 2 TABLE II CITY OF DUBLIN PERFORMANCE INDICATORS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2006 ~oo 10 BUDGET PROPOSED ACTUAL ACTUAL 2005 - 2006 ESTIMATED BUDGET ACTIVITY 2003 - 2004 2004 - 2005 FINAL 2005 - 2006 2006 - 2007 PARKS ALL ARE BUDGET 80200-740"000-001 PARK TREE PRUNING A3-03,08,09 669 EA 767 773 927 1,047 A4-01,03 LITTER PICKUP A6-01 2,362 HRS 2,336 2,608 2,345 2,683 PARK SHRUB PRUNING A6-16 3,787 EA 4,037 5,192 5,197 5,362 MOW PARK TURF A6-21 3,049 AC 3,131 3,536 3,387 3,756 EDGE PARK TURF A6-22 1,175 MLF 1,201 1,614 1,540 1,764 IRRIGATION INSPECTIONI 17,609 STA 22,089 34,194 27,697 34,723 PROGRAM (PARKS) A6-30,31 IRRIGATION HEAD REPAIR A6-32 1,647 EA 1,634 1,299 1,651 2,052 OTHER IRRIGATION SYSTEM 390 HRS 859 693 919 1,044 REPAIRS (VALVES, BACKFLOWS, CONTROLLERS, LINES) A6-33,34,35,36&37 RESTROOM CUSTODIAL A9-03 1,930 HRS 2,698 2,692 2,300 2,570 PLA YCOURT CUSTODIAL A9-06 201 HRS 272 243 243 243 PLAYGROUND MAINTENANCE A9-09 862 HRS 884 1,062 818 1,068 FOUNTAIN MAINTENANCE A9-10 598 HRS 231 896 245 245 BALL FIELD PREP - GAMES A9-22 248 HRS 107 285 169 181 BALL FIELD MAINT A9-23,24 1,012 HRS 1,540 1,230 1,230 1,230 STORM PATROL & CLEANUP 02-01,02 239 HRS 199 300 285 302 Dublin. City of. Tables. 2006-2007.xls 3 TABLE III q"b )(P CITY OF DUBLIN PROPOSED RATES AND UNIT COSTS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2006 2006 - 2007 2005 - 2006 PROPOSED PERCENT RATES RATES CHANGE CHANGE DUBLIN CREW LABOR RATES MAINTENANCE SUPERINTENDENT $56.60 HR $58 30 HR $170 3,0% MAINTENANCE SUPERVISOR $49,80 HR $5130 HR $1,50 3,0% LANDSCAPE FORE PERSON 43.30 HR 4460 HR 1,30 3,0% LANDSCAPE LABORER I 36AO HR 37,50 HR 1 10 3.0% LANDSCAPE LABORER II- 3100 HR 31.90 HR 0,90 2,9% LANDSCAPE LABORER III 24,80 HR 25,50 HR 0.70 2.8% DUBLIN CREW EQUIPMENT RATES PICKUP RANGER/SUPERCAB 735 HR 755 HR $0,20 2.7% F150 PICKUP 8AO HR 8,65 HR $025 3,0% F250 PICKUP/UTILITY BED 8,90 HR 9.15 HR $025 2.8% F350 & F450 FLATBED 1000 HR 1030 HR 0,30 30% CHAIN SAW 5,90 HR 6,10 HR 020 34% BRUSH CUTTER 5,25 HR 5AO HR 0,15 2,9% POWER BLOWER 2,20 HR 2,25 HR 0.05 2.3% POWER HEDGE TRIMMER 3.65 HR 375 HR 0,10 2.7% TRAILER SMALL (8') 2,65 HR 2,75 HR 0.10 3,8% POWER WASHER 12.85 HR 1325 HR OAO 31% ELECTRIC WELDER 715 HR 7,35 HR 0,20 2,8% PORTABLE GENERATOR 570 HR 585 HR 0,15 2,6% WATER TRAILER 10,00 HR 10,30 HR 0.30 30% UTILITY CART 400 HR 410 HR 0,10 2,5% HAND HELD MEDIAN SCRUBBER 530 HR 545 HR 0.15 2.8% MCE CREW LABOR RATES SUPERINTENDENT $86 70 HR $89,30 HR $2,60 3,0% LOADER/BACKHOE OPERATOR 8600 HR 8860 HR 2,60 30% ASPHALT PAVER OPERATOR 86.00 HR 88.60 HR 2,60 3,0% ASPHALT PAVER SCREED MAN 83.45 HR 85,95 HR 2.50 30% ROLLER OPERATOR 83A5 HR 85,95 HR 2,50 3,0% TRUCK DRIVER 8-12 C Y 69,35 HR 7145 HR 2.10 30% TRUCK DRIVER 4-6 c,v 70.50 HR 72.60 HR 2,10 3,0% TRUCK DRIVER 3 C Y TRANSIT 6935 HR 7145 HR 2,10 30% CEMENT FINISHER 64,65 HR 66.60 HR 195 3.0% LABORER FOREMAN 62,30 HR 64,15 HR 1,85 3,0% RAKER 60,90 HR 62.75 HR 1.85 3,0% LABORER I 60,60 HR 62AO HR 180 3.0% LABORER 2 60A5 HR 62,25 HR 180 3.0% k:IC,M. DocumentslDublinlBudgetlDublin, City of. Tables - 200S-2007.xls 61112006 TABLE III CITY OF DUBLIN PROPOSED RATES AND UNIT COSTS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2006 10 t1/) ') l; 2005 - 2006 RATES 2006 - 2007 PROPOSED RATES CHANGE PERCENT CHANGE MCE CREW EQUIPMENT RATES GILCREST ASPHALT PAVER $123,60 HR $12730 HR $370 3.0% BLAW KNOX ASPHALT PAVER 77.25 HR 79,55 HR 2,30 3,0% BACKHOE 48,90 HR 50,35 HR 145 3.0% LOADER 45,60 HR 46'95 HR 135 3,0% ROLLER-VIBRATORY 5-8 TON 41,97 HR 4325 HR 1,28 3.0% ROLLER-VIBRATORY 3-5 TON 41.97 HR 4325 H R 1,28 30% DUMP TRUCK 8-12 C Y 45,60 HR 46,95 HR 1 35 3.0% DUMP TRUCK 4-6 C Y 41.97 HR 4325 HR 128 3,0% TRANSIT TRUCK 3 C, Y 41,97 HR 43.25 HR 1.28 3,0% SAW TRUCK 35 00 HR 36,05 HR 105 3.0% PICKUP 13,65 HR 14,05 HR 040 2,9% CONCRETE SAW-SELF PROP 36,05 HR 3715 HR 110 3.1% CONCRETE SAW-SMALL 6,90 HR 710 HR 0,20 2,9% AIR COMPRESSOR 20AO HR 21 00 HR 0.60 2.9% BITUMAL POT 1910 HR 19,65 HR 0,55 2,9% VIBRA PLATE 10,70 HR 1100 HR 0.30 2,8% WACKER 10,70 HR 1100 HR 0,30 2.8% POWER BERM MACHINE 20AO HR 21 00 HR 060 2,9% ARROW BOARD 15.30 HR 15,75 HR OA5 2,9% PAINT STRIPING MACHINE 15,30 HR 15 75 HR 045 2,9% UNIT PRICES CHEMICAL WEED CONTROL R.0 W 164.22 AC 169,14 AC $4.92 30% FUNGUS SPRAYING - TREES 6.21 EA 6,32 EA 0,11 1.8% (50 TREE MINIMUM) FERTILIZE ONLY TURF o ALL PARKS 134A5 AC 13714 AC $2,69 2,0% o FIRESTATIONS 28,75 EA 2932 EA $0.57 2,0% k;\C,M. Oocuments\Oublin\Budget\Dublin, City of - rable. - 2006-2007.,1. 6/1/2006 TABLE III II ~1.fR CITY OF DUBLIN PROPOSED RATES AND UNIT COSTS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2006 2006 - 2007 2005 - 2006 PROPOSED PERCENT RATES RATES CHANGE CHANGE UNIT PRICES (CONTINUED no) FERTILIZE I BROAD LEAF TURF 0 FIRE STATIONS 28,75 EA 29,32 EA $0,57 2_0% o ALL STREETS 159_70 AC 162_90 AC $3.20 2,0% o ALL PARKS 159,70 AC 162,90 AC 3,20 2,0% AERATION TURF 0 FIRE STATIONS 28_75 EA 29,61 EA $0,86 3_0% o STREETS 228_74 AC 235_60 AC $6_86 3,0% o ALL PARKS 14076 AC 144.98 AC 4,22 3,0% MOW TURF o STREET, FIRE STATION, 8447 AC 8700 AC $2,53 3,0% STAGECOACH PARK o ALL OTHER PARKS 5636 AC 58_05 AC 1,69 3,0% EDGING TURF o STREETS, FIRE STATION, 17,97 MLF 18,51 MLF $0_54 30% STAGECOACH PARK o ALL OTHER PARKS 15A1 MLF 15,87 MLF OA6 3.0% CONTRACT BEDDING (ALL AREAS) 307,56 MO/AC 316,78 MO/AC $9,22 30% k:\C.M. Documents\Dublin\Budget\Dublin, City of - Ta.bles - 2006-.2007.xls 6/1/2006 TABLE IV I~~ 7,1, CITY OF DUBLIN STAFFING COMPARISONS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2008 2004 - 2006 2006 - 2008, 2006 - 2006 2006 - 2007 AREA I POSITION ACTUALS BUDGET ESTIMATED PROPOSED PUBLIC WORKS ADMIN. SUPERINTENDENT 1.00 1,00 1.00 1.00 alJlLDING MANAGEMENT LLF 0.~4 0,69 0,59 0.59 LL1 0.73 0.73 0,7R 0.73 LL2 0.18 0.19 0,19 0,17 "3 0,19 0.04 1,74 1.51 1.80 149 STREET MAINTENANCE LLF 0.12 0.12 0,12 0.12 LL1 0.31 0.31 0.31 0,31 LL2 0.18 0.18 0.18 0,18 "3 1,02 1.05 1.31 1.31 1,63 1,66 1.92 1.92 STREET TREE LLF 0,07 0,07 0,07 0.07 LL1 0.20 0,20 0,20 0.20 LL2 0.11 0.11 0.11 0,11 "3 0,13 0.38 0.39 O.3S 0.51 0,76 0,77 0.77 STREET LANDSCAPE MAINT L~F 0,79 0.79 0.79 0,79 LL1 2.25 2,25 2,25 2.25 LL2 1.06 1.06 1,06 1.06 LL3 3.52 3,62 3,73 3.76 1!Ellllil!i*~ilijJ}2illmlllmlllll_ffililm~!iIlfiJtWiil.II~i1 PAR~ MAINTENANCE LLF 0.74 0.94 0.94 0,94 L~1 2,84 2.77 2.78 3,83 L~2 1,36 2.32 2.30 2.32 ~L3 3.80 3,07 2,71 2.44 1'3.73 9,10 8,73 9.53 LIBRARY BLDG. LLF 0.26 0.27 0.26 0,.6 ~~1 0,16 0.19 0.15 0.15 LL2 0.03 0,05 0,07 0,07 LL3 0.44 0.51 0.48 0,48 NEW SENIOR CENTER "F 0.Q2 0.06 0.06 0,06 LL1 0.10 0.04 0.03 0.0< 0,16 0.10 0.09 Dublin, t.;ity ct I ;!lJlc~. 2000_200t )(I~ M!2000 TABLE IV 1~11bU:> CITY OF DUBLIN STAFFING COMPARISONS AS SUBMITTED TO CITY MANAGER AS OF MAY 30, 2006 2004 . 2006 2005 .2005, 2005 - 2006 2006 - 2007 AREA I POSITION ACTUALS BUDGET ESTIMATED pROpOSED HERITAGE CENTER LLF 0.01 0.01 0-01 0-01 LL1 0,05 0.05 0.05 0.05 LL2 LL3 0.06 0.06 0.00 0.00 CEMETERY LLF 0,02 0,02 0,02 0.02 LL1 0.06 0,08 0,08 "0,08 LL2 o.os 0,00 0,00 0,00 LL3 0.19 0.$0 0.32 0,32 0.38 0.49 0.51 0.51 FIRE STATION BLDG. MAINT LLF 0.02 0,03 0.03 0,Q3 Lll 0.13 0.1.5 0.16 0.16 LL2 LL3 0,15 0,18 0.10 0.19 FIRE STATION LANDSCAPE LI.F 0.01 0.01 0.01 0.01 LLl 0,03 0.03 0.03 0.03 LL2 LL3 0.09 0,13 0.14 0,12 0.13 0.17 0,16 O,lS ADDITIONAL WORK LLF 0.10 0.09 0.10 0.10 LL1 0,23 0,24 0,21 0.21 LL2 LL3 0.12 o.o~ 0.45 0,36 0.31 0.31 MCE GRAND TOTAL Supt 1.00 1,00 1.00 ',00 I.I.F 2.60 2.00 3.00 3.00 LLl 7,00 7.00 7.00 8.00 LI.2 3.00 4.00 4.00 4.00 LL3 9.06 a.58 S.B4 8.36 22,86 23,58 23.~ 24.36 Staff calculations based on the assumption that each hourly employee will work a total of 1.950 hours of regular and overtime per year Includ9s hours for Commu....lty EveflUl (Promotion). Dllblirl, Cilyo! T~bJ!l5 Z{JClr:l.:'!{J{J(,xl~ 6/1t.lOC6 l~t.Y. EXHffiIT "A" OF RESOLUTION j 51...03 PUBLIC WORKS MAINTENANCE SERVICES AGREEMENT TIllS AGREEMENT is made at Dublin, California, as of July 1, 2003, by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and MCE Corporation, Inc, ("Contractor"), who agree as follows: 1. TERM OF AGREEMENT The term of the agreement shall be for three years, beginning on July 1, 2003, and ending on June 30, 2006. This agreement shall supersede all previous agreements that Contractor has or has had with City City may terminate the services of Contractor by providing 90 days written notice with or wifhout cause, In the event of such terminaljon, Contractor shall be compensated for such services up to the point of termination. Compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination, If Contractor terminates its services to the City, it must provide wntten nOtice at least 90 days in advance of such termination, Notices shall be provided as indicated in Section 12 below 2, ADJUSTMENT TO CONTRACT PRICES AND WORK OUANTITY. In the second and third years of the Agreement, no later than March I st, 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 at the new charge rates and scope of work 3. SERVJCES, Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit 1. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit 1. 4 PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement at the time arid in the manner set forth in Exhibit 2, The payments specified in Exhibit 2 shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit 2; or, ifno maJUler be specified in Exhibit 2, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 5. FACILITIES AND EOUJPMENT. Except as set forth in Exhibit 3, Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit 3 according to the terms and conditions set forth in Exhibit 3. 6, GENERAL PROVISIONS. The general provisions set forth in Exhibit 4 are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent wi.th the general provisions. Agreement with MCE Corporation July 1, 2003 Palle 1 ATTAcmNT Z. 1~.rtf/.;1 7. EXHIBITS, All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 8. SUBCONTRACTING. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Contractor's proposal. 9 CHANGES. City may from time to time require changes in the scope of the services by Contractor to be performed under this Agreement. Such changes, including any change in the amount of Contractor's compensation which are mutually agreed upon by City and Contractor, shall be effective as amendments to this Agreement only when in writing. 10. RESPONSffiLE CHARGE. Contractor shall assign a project manager(s) to the project for the duration of the proj eet. There shall be no change in the Proj ect Manager or members of the proj ect team without prior written approval by the City. 11 CONTRACT ADMINISTRATION, This AgreemerJt shall be administered by the Director of Public Works or hisiber designee ("Administrator"), All correspondence shall be directed fo or through the Administrator or the designee, 12, NOTICES. Any written notice to Contractor shall be sent via Registered Mail to: Stanley P. Smalley, Vice President MCE Corporation 6515 Trinity Court Dublin, CA 94568 Any written notice to City shall be sent to: Director of Pub lie Works 100 Civic Plaza Dublin, CA 94568 (signatures next page) Agreement with MCE Corporation July 1, 2003 Page 2 I (p rrb~ Executed as of the day first herein stated: CITY OF DUBLIN, A Municipal Corporation By Attest: A~~\^ ~ ' ~ity Clerk J MCE CORPORATION Afproved as fo form: ~~dv1.- ).j c ~ C City Attorney Agreement WIth MCE Corporation July 1,2003 Page 3 11 ~ "z(P EXHIBIT 1 SCOPE OF SERVICES AND SCHEDULE The City has elected to perform its public works maintenance and related activities by using a private Contractor, The Contractor has agreed to arrange for and supervise the performance of the work and the City has agreed to retam the Contractor for such purposes, in accordance with the terms and provisions of this Agreement. The City and 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 attached Tables I, II, ill and IV and as otherwise specified in thIS Agreement; and for Additional Work (" Additional Work") as is called for in this Agreement. Contractor shall perform the types of work listed in Table I at the time and material rates listed in Table m.The Scope of Work set forth in the attached Table I includes the maximum amount the City will pay to Contractor for each activity for Fiscal Year 2003-2004. Notwithstanding the foregoing, the City may at any time revise the Schedule of Work iderJtified in Table I for budgeting or other reasons as deemed necessary by the City and the estimated annual expenditure for Fiscal Year 2003-2004 shall be revised accordingly. Contractor specifically agrees to: (a) undertake direct responsibility for the performance of the work in accordance with this AgreemerJt; (bl provide directly, or through subcontractors, or as otherwise permitted by this Agreement all labor, materials, and supervision necessary for proper performance of the work in accordance with this Agreement; (c) furnish a Maintenance Superintendent to provide the necessary liaison with the City Staff and the required coordination of workmen and materials in the performance of the work; (d) comply with all laws, ordinances, rules, regulations, and requirements of governmental authorities, pertaining to the performance of the work; (e) perform the work, contract for its peIjormance and supervise its performance in a good and workmanlike manner and in the most expeditious, cost effective manner consistent with first-class quality; (f) perform all activities necessary and incidental to the orderly performance of the work. 2, Scheduled Work: An of the work set forth in Table I is considered Scheduled Work. Contractor shall perform no work in addition to Scheduled Work, unless: (a) Additional Work is approved in advance by the Public Works Director; or (b) an emergency situation exists, An emergency situation is one which occurs under circumstances making it either impossible or impractical to obtain City approval before proceeding with the work. h1 such cases, Contractor will proceed with the work to the extent necessary to relieve said danger and shall specifically inform the Public Works Director of all EmergeIicy Work accomplished. All Scheduled Work shall be provided according to a monthly schedule prepared by the Maintenance SuperintenderJt and approved by the Public Works Director in advance. Exhihit I Page I of4 July 1, 2003 I~ Jb "2(P 3. Additional Work; City may require Contractor to provide Additional Work not described herein at rates and quantities negotiated by the City and Contractor. No Additional Work will be undertaken by Contractor without the prior written approval of the Public Works Director. The Contractor will bill the City for Additional Work in the manner as provided in Table m. 4, Work Not Subiect to this Agreement: The Public Works Director at hJs 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 projeefs" where State or other laws require that it be contracted for and let to the lowest responsible bidder after notice, Nothing ill this Section shall preclude the Contractor from participating in this bid process for said proj ects, City, in accordance with local ordinances and State laws, may directly purchase materials or supplies to be used by Contractor. This sballnot restrict the Public Works Director from requesting that Contractor, as part of other duties identified in this Agreement, assist City with locating suppliers, obtaining price quotations or bids, or other assistance provided thaf Contractor will not be providing the materials and supplies, 5 Emergenev Work: Emergency callout procedures will be maintained to provide for emergency response on nights, weekends, and holidays. The procedures will be reviewed and updated periodically to ensure their effectiveness. In the event Emergency Work dictates that work be accomplished outside the normal working hours, such as night fime, weekends and holidays, appropriate overtime rates shall be used as set forth in Table m. 6. Maintenance Suuervision. 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 fhe 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 III the Schedule of Work; (b) identifYing work pro grams; ( 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. 7. Work Scheduling Procedures: To the extent possible, it is the intent of this Agreement that the Work be performed on a scheduled, orderly basis, Prior to commencement of work, Contractor shall prepare a schedule showing projected work to be performed throughout the fiscal year, including infollllation such as frequency of weeding, watering, and other parks maintenance and other similar projected schedules of the work to be performed. 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/her designee. Exhibit I Page 2 of4 July 1,2003 ICf~z.u Emphasis will be placed on identifYing needs to ensure proper timing of work (for example, ditches should be scheduled for cleaning before winter rains). The Contractor will comply with reasonable requests of the Public Works Director as. to preferred locations for various types of work Contractor will use a service request form to ensure fhat complete information is obtained on work needs and requests for service. 8. Work Reportim! Procedures: Contractor shall submit a Monthly Work Summary Report to the Public Works Director on or before the 15th day of the month summarizing work completed in the previous month. These reports shall include a listing of work activities and work units completed, including my Additional or Emergency Work performed; status of current and completed servic~ requests; md comparisons of annual work quantities and 'expenditures planned versus actual. 9. Additional Contractor Responsibilities: MCR workers will be alert for observable maintenmee deficiencies in public facilities as they travel within the City's boundaries in the course of their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work. They will report observed maintenance deficiencies to the appropriate MCE or City representative, or other appropriate agency. 10. Protection of Work and Public: Contractor shall take all nccessarymeasures 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, 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. 1 L Maintenance of Records: Contractor shall maintain all books, documents, papers, employee time sheets, accounting records including certified payrolls and such other evidence pertaining to costs incurred for a period of at least three years, and shall make these materials available at reasonable times during the contract period. Contractor shall not purge any records without the prior approval of the City. Upon termination of the contract, or at the City's request, all such records shall be provided to the City, including maintenance records, certified payroll records, and hard copies of any other computer records such as inventories of City facilities. 12, Eoual Emulovment Ovportunitv' Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity 13 Prevailing Wage: 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 ofpenalties under Labor Code Section 1775 Exhibit I Page 3 of 4 July 1,2003 201JW 14 Attornev Fees: If either party brings an action against the other party arising out of or in cOIUleetion 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 15. Miscellaneous: A. Contractor shall inform City of private clients within the corporate' boundaries or sphere ofihfluenee of the City during the tenn of this Agreement. Contractor agrees not to accept other employment which is or may be in conflict with its duties under this Agreement or which may adversely affect the interests of the City. B. Contractor will endeavor to secure materials from the lowest cost source reasonably available, ExhibIt I Page 4 of4 July 1, 20U3 2.-1 ~ ~U> EXHmlT 2 PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed the total sum of Two Million, Five Hundred Seventy-Four Thousand, Four Hundred Forty-Five Dollars ($2,574,445) for services to be performed pursuant to this Agreement. Except as provided in Section I, the total annual estimated budget shall be the sum of the planned expenditure amounts listed in Table 1, The actual amount paid to the Contractor shall be based on the amount of work performed according to the costs outlined in Table I and any subsequent "Additional Work" approved by the City. Work items listed in Table I shall be billed on a unit price basis or otherwise as set forth in Table 1, Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of work. Contractor shall bill Additional Work on the basis mutually agreed to by Contractor and the City at the time the work is incorporated into the annual maintenance program. For work performed and services rendered, Contractor shal1 submit monthly bills to the City by the 15th day of the month fol1owing the month in which the work was performed. The Contractor shall be compensated by the City as fol1ows: A A monthly payment for time and materials or unit price work will be provided, with payment to be made within twenty (20) days ofreeeipt of invoice by the City. B. For Additional Work for which no unit prices have been agreed upon, compensation shall be agreed upon between the Public Works Director and Contractor in writing before work is performed. For Emergency Work when prior approval is not possible and when unit prices have not been agreed upon, the City and Contractor shall agree as soon as possible after the work is performed on the amount of compensation based on costs for related jobs. Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin, Exhibit 2 Page I ofl July 1, 2003 7. "). ffb t-(P, EXIITBIT 3 City shall furnish physical facilities such as desks, :filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. City shall also furnish a yard facility from which routine maintenance may be dispatched. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities, Exhibit 3 Page I of I July 1,2003 z ~ on "j,l./; EXHIBIT 4 GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the teniJ. of this Agreement, Contractor shall be arI independent contractor and shall not be arI employee of City. City shall have the righf 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 purSllarlt to this Agreement 2, UCENSES: PERMITS, ETC. Contractor represents and warrants,to City that he has alllicel1ses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor. Contractor represents and warrants to City that Contractor shall, at his sole cost and expense, keep in effect at all times during the 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 REOUlREMENTS, Contractor shall procure and maintain for the duration of the contract msurance 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, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. A. Minimum Scope of Insurance. 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 I "any auto" and endorsement CA 0025 (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Exhibit 4 Page 1 of4 July 1, 2003 'Zt1001iP B. Minimum Limits ofInsurarJce. 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 gerJeral aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit, (2) Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State ofCalifomia and Employers Liability limits of$I,OOO,OOO per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City, D. Other Insurance Provisions. The policies are to contain, orbe 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 oflhe Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or vol1mteers. (b) The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers, Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers, (d) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Exhibit 4 Page 2 of 4 July 1, 2003 1.? ~ 2(; (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. (3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, except after thirty (30) days prior written notice by mail has been given to the City Contractor shall provide City with 30 days' prior written notice of any reductions in the dollar limits of the policy. E. Aeceotabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VTII. F. Verification of Coverage. 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. G. The Risk Manager of City may approve a variation of those insurance requirements upon a detennination that the coverages, scope, limits and forms of such Illsuranee 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, pursuarJt 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 ofthis 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. Exhibit 4 Page 3 of4 July 1,2003 Zu .'tJ~ 8, STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to this Agreement in the manner imd according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area. All instruments of service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Contractor's work 9 HOLD HARMlESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take responsibility for Scheduled Work, Additional Work, and Emergency Work as described in Paragraphs 2, 3, and 5 of this Agreement, as such work is performed by Contractor, its employees, agents, and subcontractors 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 aceounj 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 officef'S, officials, employees, and agents from and against any or all loss, liability, expenses of whatever nature, (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 sbal1not be construed to exempt the City, its employees, officers, directors, and agents from its own fraud, willful injury, or violation oflaw, whether willful or negligent. City shall indemnify, defend, and hold the Contractor, its employees, officers, officials, and agents harmless from and against any and all loss, liability, expense, claim, costs (including costs of defense), suits and damages of every kind, nature arid description arising from the act or omission by the City or any of its officers, officials, employees, arid agents. By execution of this Agreement, the parties aclmowledge arid agree that each has read and understand the provisions hereof arid 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. 1 0 GOVERNMENTAL REGULA nONS, To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program, 11 COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided purSUarlt to this agreement, Contractor shall comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs, tr;engrucontro.ct\MC'.EIllgn!e.ment 03 Exhibit 4 Page 4 of 4 July 1, 2003