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HomeMy WebLinkAboutItem 8.3 MCE Agmt CI'TY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEET'rNG DATE: JUne 24f 2002 SUBJECT: Review of Services and New One Year Agreement With MCE Corporation for Public Works Maintenance Services Report Prepared by: Lee $. Thompson, Public l/Vorks Director ATTACHMENTS: 1) Resolution and Proposed Agreement 2) Letter from MCE 3) Table Showing Effects of MCE's Insurance Increases RECOMMENDATION: '/Q~Adopt resolution approving agreement FINANCIAL STATEMENT: See Description DESCRIPTION: MCE has provided maintenance services to the City of Dublin since 1984. Those services which are provided by MCE are as follows: Bike Path Maintenance Building Management and Maintenance · Curb, Gutter, and Sidewalk (emergency or temporary repair) · Drainage Maintenance · Guardrail Repair · Park Maintenance · Sign Installation, Repair & Maintenance · Spill Cleanup · Storm Patrol/Cleanup · Street Landscaping Maintenance · Street Repair (emergency or temporary repair) · Street Tree Maintenance · Striping and Marking (emergency replacement) · Weed Abatement The' current three-year contract with MCE Corporation for maintenance services expires June 30th of this year, and it is proposed to execute a new one-year agreement with options for two additional one-year extensions. As with previous years, MCE has submitted a budget proposal for FY 2002-2003. This proposal has been reviewed by Staff in conjunction with the budget process. COPIES TO: MCE Corporation g:\engr-contractLmce\agst review 02 The proposed agreement is the same as the agreement used for the past three years, with the following exceptions: Proposed Changes for 2002-2003 MCE is proposing an average 3.5% cost of living increase in labor rates and a 2% increase to cover a portion of MCE's increased insurance rates for all of the permanent Dublin crew. The labor rates for other MCE crews, and the vehicle and equipment rates, are proposed to increase by an average of 3~5% and 3.2% respectively. Rates for work performed by subcontractors are proposed to increase generally from 3°5% to 5%, with bedding maintenance up by 10%. Total expenditures under MCE's contract for FY 2001-2002 are anticipated to be under budget by $18,479. This does not include "extra work", most of which is in the nature of providing assistance in the management of Capital Projects. Some of the larger variances between the 2001-2002 budget and estimated actual expenditures are in the areas for which the City required MCE to Perform more work than originally budgeted, such as emergency street, sidewalk and bike path repair, and less work than budgeted in street landscaping and for maintenance at Ted Fairfield Park (due to improvements accepted later than projected). The overall budget for 2002-2003 is projected to be a total of $2, ! 56,513 which represents an increase of $276,343 (14.7%) over the 2001-2002. The primary reasons for the increase are MCE's proposed rate increase, anticipated additional street maintenance and street landscape maintenance in new development areas, a full year's maintenance cost for Ted Fairfield Park, and six months' maintenan6e for the new library and the old library site. Table I of MCE's submittal (in Attachment 2) identifies work activities and details actual expenditures for the prior two fiscal years, the adopted 2001-2002 budget, anticipated expenditures for 2001-2002, and the proposed budget for Fiscal Year 2002-2003. Table II identifies the workload measures for the various work programs. Table III identifies the percentage of rate change for various work categories, Table IV provides a staffing comparison, and Table V is a breakdown of MCE's additional insurance costs. MCE's staffing level is proposed to increase for 2002-2003 by approximately three persons: two in the Landscape Laborer I category and one in the Landscape Laborer III category. The main reason for the increase in staff is the addition of street landscaping areas in Eastern Dublin. Last year at this time, based on a complaint in the Dougherty Landscaping Assessment District, it was concluded that although MCE does a good job on tracking the quantity of work performed, the system was lacking in the area of tracking quality. Since that time, MCE has developed a Quality Assurance Program. This Quality Assurance Program includes maintenance standards, as well as a formal inspection process and provision for field staff to report deficiencies on a daily basis. Most of the standards have now been developed in the areas of Street Trees, Street Landscaping and Park Maintenance. Building Maintenance standards are yet to be completed. Field staff have been sUCcessful in maintaining daily logs to identify and correct deficiencies. In addition, MCE has developed a schedule for performing monthly Quality Assurance inspections, using staff from their headquarters office. Page 2 of ~ A second issue encountered by the City with MCE pertains to the budget process. Although the budget submittals have been very detailed, MCE tends to make submittals after the deadline, causing time constraints on City Staff preparing the Maintenance Operating budgets. MCE assures Staff this will be rectified this upcoming year, and the budget papers will be submitted by the City Manager's deadline~ MCE will begin the process after the December invoices have been prepared, instead of waiting until the February financial reports have become available. Due to the limited funds in the Dougherty and Stagecoach Landscape Maintenance Assessment Districts, MCE and Staff are evaluating the desirability of bidding the contract maintenance services for these two (2) districts out to other landscape contractors. Staff and MCE have worked together to compile a specification for bidding this work. It is anticipated that the City would receive these bids back in July of this year and then compare the bids to the costs that the City is paying through MCE. If the bids are favorable, Staff would return to the City Council for authorization to modify this contract. Recommendation Other than the two difficulties indicated in this report, MCE Corporation has shown a consistent standard of excellence in performance and safety, as well as concern for the fiscal interests of the City. Staff recommends that the City Council adopt the resolution (Attachment 1) approving the new one-year agreement. Page 3 ~ -~ RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES WHEREAS, the current agreement with MCE Corporation for Public Works Maintenance Services expires on June 30, 2002; and WHEREAS, the City wishes to continue contracting with MCE Corporation for those services; and WHEREAS, the City and MCE Corporation have negotiated rates and budgets for Fiscal Year 2002-2003; and WHEREAS, said rates and budgets are included in the City's proposed budget for Fiscal Year 2002-2003; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a new one-year agreement, including two one-year optional extensions, with MCE Corporation attached hereto as "Exhibit A," with an effective date of July 1, 2002. BE IT FURTHER RESOLVED that the Mayor is auttiorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 24th day of June, 2002. AYES: NOES: ABSENT: AB STAIN: Mayor ATTEST: City Clerk g:\engr-contract\MCE\reso agrt 02 {o.~ ~¢fl" I EXHIBIT "A9' OF RESOLUTION -02 PUBLIC WORKS MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 2002, 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 one year, beginning on July 1, 2002, and ending on June 30, 2003. The agreement may be extended for two additional one year periods at the City's option. This agreement shall supersede all previous agreements that Contractor has or has had with City. City may terminate the services, of Contractor by providing 90 days written notice with or without cause. In the event of such termination, 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 terminationo If Contractor terminates its services to the City, it must provide written notice at least 90 days in advance of such termination. Notices shall be provided as indicated in Section 12 below. 2. ADJUSTMENT TO CONTRACT PRICES AND WORK QUANTITY. In the event of extension of the Agreement, no later than March 1 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 1 st as provided above. 3. SERVICES. Subject' to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit 1. Contractor 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 and 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, if no manner be specified in Exhibit 2, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 5. FACILITIES AND EQUIPMENT. 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 Agreement with MCE Corporation July 1, 2002 Page ! conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general prOvisions. 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. RESPONSIBLE CHARGE. COntractor shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. 11. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his 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: Lee S. Thompson Director of Public Works/City Engineer 100 Civic Plaza Dublin, CA 94568 (signatures next page) Agreement with MCE Corporation July 1, 2002 Page 2 Executed as of the day first herein stated: CITY OF DUBLIN, A Municipal Corporation By Mayor Attest: City Clerk MCE CORPORATION By Maynard Crowther, President Approved as to form: City Attorney Agreement with MCE Corporation July 1, 2002 Page 3 EXHIBIT 1 SCOPE OF SERVICES AND SCHEDULE The City has elected to perform its public works maintenance and related activities by using a private Contractor~ The Contractor has agreed to arrange for and supervise the performance of the work and the City has agreed to retain the Contractor for such purposes, in accordance with the terms and provisions of this Agreement. The City and Contractor agree as follows: 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, III 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 III. 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 2002-2003. Notwithstanding the foregoing, the City may at any time revise the Schedule of Work identified in Table I for budgeting or other reasons as deemed necessary by the City and the estimated annual expenditure for Fiscal Year 2002-2003 shall be revised accordingly. 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 t° the orderly performance of the work: 2. Scheduled Work: All 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. 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. Exhibit 1 Page 1 of 4 July 1, 2002 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 1Ilo 4. Work Not Subject to this Agreement: The Public Works Director at his discretion may recommend that projects of a large scope be approved by the City Council for competitive bid and completed under a separate Agreement. This shall be the recommendation on all "public projects" where State or other laws require that it be contracted for and let to the lowest responsible bidder after notice. Nothing in this Section shall preclude the Contractor from participating in this bid process for said projects. City, in accordance with local ordinances and State laws, may directly purchase materials or supplies to be used by Contractor. This shall not restrict 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 that Contractor will not be proViding the materials and supplies. 5. Emergency Work: Emergency callout procedures will be maintained to provide for emergency response on nights, weekends, and holidays. The procedures will be reviewed and updated periodically to ensure their effectiveness. In the event Emergency Work dictates that work be accomplished outside the normal working hours, such as night time, weekends and holidays, appropriate overtime rates shall be used as set forth in Table III. 6. Maintenance Supervision: The Contractor shall furnish a Maintenance Superintendent to assume full responsibility for day-to-day maintenance operations, ensuring that resources required to successfully complete the project are applied in a timely manner. In addition to providing the necessary liaison with the City, the Maintenance Superintendent is responsible for: (a) making recommendations to the Public Works Director of work that should be performed but which is not set forth in the Schedule of Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e) responding to citizen calls; (f) assisting in contract administration; (g) maintaining activity reports; and (h) generally administering public works maintenance functions. 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 the 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. 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 Exhibit 1 Page 2 of 4 July 1, 2002 Contractor's recommendations and requests from the Public Works Director or his/her designee. Emphasis will be placed on identifying needs to ensure proper timing of work (for example, ditches should be scheduled for cleaning before winter rains). The Contractor will comply with reasonable requests of the Public Works Director as to preferred locations for various types of work~ Contractor will use a service request form to ensure that complete information is obtained on work needs and requests for service. 8. Work Reporting Procedures: Contractor shall submit a Monthly Work Summary Report to the Public Works Director on or before the 15th day of the month summarizing work completed in the previous month. These reports shall include a listing of work aCtivities and work units completed, including any Additional or Emergency Work performed; status of current and completed service requests; and comparisons of annual work quantities and expenditures planned versus actual. 9. Additional Contractor Responsibilities: MCE workers will be alert for observable maintenance deficiencies in public facilities as they travel within the City's boundaries in the course of their maintenance activities perforr~ ing Scheduled Work, Additional Work, and Emergency Work. They will report observed maintenance deficiencies to the appropriate MCE or City representative, or other appropriate agency. 10. Protection of Work and Public: Contractor shall take all necessary measures to Protect the work and prevent accidents during any and all phases of work. Contractor 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. 11. Maintenance of Records: Contractor shall maintain all books, documents, papers, employee time sheets, accounting records including certified payrolls and such other evidence pertaining to costs incurred for a period of at least three years, and shall make these materials available at reasonable times during the contract period. Contractor shall not purge any records without the prior approval of the City. Upon termination of the contract, or at the City's request, all such records shall be provided to the City, including maintenance records, certified payroll records, and hard copies of any other computer records such as inventories of City facilities. 12. Equal Employment Opportunity: 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 of penalties under Labor Code Section 1775. Exhibit 1 Page 3of4 July 1, 2002 14. Attomey 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. ! 5. Miscellaneous: A. 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. B. COntractor will endeavor to secure materials from the lowest cost source reasonably available. Exhibit 1 Page 4 of 4 July 1, 2002 TABLE I CITY OF DUBLIN As cou.c, June 11, 2002 BUDGET PROPOSED ACTUAL ACTUAL 2001 - 2002 ESTIMATED BUDGET ACTIVITY 1999 - 2000 2000 - 2001 FINAL 2001 - 2002 2002 - 2003 STREET REPAIR $16,999 $30,665 $24,539 $59,542 $35,000 30200-740-020-206 DRAINAGE MAINT. 6,971 7,371 8,006 7,090 8,234 30200-740-021-206 NPDES DRAIN MAINT. 5,630 0 30200-740-021-222 STORM PATROL 7,384 12,072 11,818 13,269 15,502 30200-740-022-206 CURB & GUTTER / 3,297 5,046 4,214 8,487 6,374 SIDEWALK 30200-740-023-206 SIGN REPAIRS/INSTALL 25,992 40,562 34,924 29,691 38,546 30200-740-024-206 NEIGHBORHOOD WATCH 0 80 906 943 880 30200-740-024-001 STRIPING & MARKING 6,523 231 4,037 4,656 4,840 30200-740-025-206 GUARD RAIL REPAIR 582 64 178 178 185 30200-740-026-206 WEED ABATEMENT 39,469 52,590 48,430 48,129 50,790 30200-740-027-206 BIKE PATH MAINT. 3,935 7,938 5,561 18,108 12,000 30200-740-028-206 SPILL CLEANUP 8,189 13,573 8,377 8,867 9,848 30200-740-030-206 MAINTENANCE 92,868 95,417 97,860 97,714 101,330 SUPERVISION 30100-740-029-001 STREET TREE MAINT. ' 40,425 52,929 55,629 55,462 70,337 30400-740~000-001 STAGECOACH A. D. TREES 1,198 1,249 2,482 1,971 2,611 30400-740-000-711 DOUGHERTY A. D. TREES 3,048 2,906 4,521 1,450 3,236 30400-740-000-713 SANTA RITA A.D. TREES 0 18 8,062 5,033 8,887 30400~740-000-716 LAN DSCAPE MAINT. 198,935 225,143 265,583 262,208 387,608 30500~740-000-001 k:\CM Documents\Dublin\Budget\Dublin, City of - Table 1 - 2002-2003 - 3-6-2002.xls TABLE I CITY OF DUBLIN /~ y ~// AS SUBMITTED TO COUNCIL x June 11, 2002 BUDGET PROPOSED ACTUAL ACTUAL 2001 - 2002 ESTIMATED BUDGET ACTIVITY 1999 - 2000 2000 - 2001 FINAL 2001 - 2002 2002 - 2003 COMMUNITY PROMOTION/ $14,098 $18,988 $19,383 $18,000 $20,064 EVENTS 30500-731-000-001 STAGECOACH A.D. 39,429 40,646 37,008 35,017 37,334 LANDSCAPE 30500-740-000-711 DOUGHERTY A.D. 43,606 47,622 47,610 56,755 51,000 LANDSCAPE 30500-740-000-713 SANTA RITA A.D. 0 5,694 91,634 72,701 101,013 LANDSCAPE 30500-740-000-716 PARK MAINTENANCE 420,829 653,888 857,037 855,418 936,691 80200-740-000-001 BUILDING MANAGEMENT 100,582 155,472 187,286 156,003 183,160 10500-740-000-001 DUBLIN LIBRARY 21,606 80100-740-000-001 HERITAGE CENTER 7,519 5,000 6,413 4,772 5,857 80120-740-000-001 DUBLIN CEMETERY 22,338 28,642 33,972 29,788 32,863 80130-740-000-001 FIRE STATION-BUILDING 12,723 11,608 11,787 8,373 7,691 20600-740-000-001 FIRE STATION GROUNDS 2,369 1,967 2,913 2,066 3,027 20600-740-000-001 ADDITIONAL WORK 67,321 49,585 0 66,000 0 FUNDING ACCT. VARIES TOTAL MCE CONTRACT COST = $1,192,259 $1,566,966 $1,880,170 $1,927,691 $2,156,513 W/O ADDITIONAL WORK = $1,124,938 $1,517,381 $1,880,170 $1,861,691 $2,156,513 k:\CM Documents\Dublin\Budget\Dublin, City of - Table 1 - 2002-2003 - 3-6-2002.xls CITY OF DUBLIN June 11, 2002 BUDGET PROPOSED ACTUAL ACTUAL 2001 - 2002 ESTIMATED BUDGET ACTIVITY 1999 - 2000 2000 - 2001 FINAL 2001 - 2002 2002 - 2003 MAINT. SUPERVISION A8-01 (D1) 1,812 HRS 1,786 1,750 1,750 1,750 30100-740-029-001 SPILLS A1-01,02 (D1) 200 HRS 294 184 202 222 30200-740-027-206 TEMPORARY PATCHING A7-01 262 HRS 129 80 71 87 (D 1 ) 30200-740r020-206 DRAINAGE INSPECTION D1-01 939 EA 1,297 1,285 1,178 1,285 (D1) 30200-740-021-222 CATCH BASINS CLEANED D1-02 495 EA 461 401 426 478 (D1) 30200-740-021-222 DITCH CLEANING D1-04 (D1) 5,129 LF 5,160 5,160 10,875 10,875 30200-740-021-206 STORM PATROL D2-01, 02 125 HRS 326 290 358 417 INSPECTION / REMOVAL (D1) 30200-740-022-206 INSTALL NEW SIGNS D4-01, A5-01 184 EA 144 109 120 115 (D1) 30200-740-024-001,206 SIGNS REPAIRED D4-02, 03, A5-02 135 EA 173 129 116 136 (D1) 30200-740-024-001,206 CURB PAINTING D5-01 (D1) 4,822 LF 1,637 3,113 3,000 3,007 30200:740-025-206 INSTALL PAVEMENT MARKERS D5-02 0 EA 38 31 22 15 (D 1 ) 30200-740-025-206 ROADSIDE SPRAYING D7-01 63 AC 83 64 64 64 (D1) 30200-740-027-206 BIKE PATH MAINTENANCE D8-01 (D1) 100 HRS 270 140 120 140 30200-740-028-206 TREE/BRUSH CUTTING A3-01 (D1) 162 HRS 186 122 147 152 30400-740-000-001,711,713,716 TREE STAKING A3-02(D1,D2,D3,D4,Dg) 126 EA 371 502 344 775 30400-740-000-001,711,713,716 TREE PRUN INGA3-03,08,09, A4-03(D 1 ,D2) 1,060 EA 1,009 1,483 1,105 1,550 (D3,D4,D9) 30400-740-000-001,711,713,716 TREE PLANTING A3-04(D1,D2,D3,D4) 38 EA 39 59 66 70 (D9)30400-740-000-001,711,713,716 TREE FERTILIZING A3-05 (D1,D2,D3,D4) 156 EA 0 834 0 556 (D9) 30400-740-000-001,711,713,716 k:\C.M. Documents\Dublin\Budget\Dublin, City of - Table 2 - 2002-2003 - 3-6J2002.xls CITY OF DUBLIN June 11, 2002 BUDGET PROPOSED ACTUAL ACTUAL 2001 -2002 ESTIMATED BUDGET ACTIVITY 1999 - 2000 2000 - 2001 FINAL 2001 - 2002 2002 - 2003 TREE WATERING A3-06 (D1) 1,480 EA 836 250 1,234 250 30400-740-000-001 TREE REMOVAL A3-07, A4-04(D1,D2,D3) 31 EA 34 64 35 43 (D4, D9) 30400-740-000-001,711,713,716 TREE TRIMMING A4-01 (D1) 1 EA 5 60 150 150 SUBCONTRACTOR 30400-740-000-001 LITTER PICKUP A6-01, A6-02(D1,D2,D3) 553 HRS 637 902 780 1,007 (D4,D9) 30200-740-000-001,711,713,716 LEAF CLEANUP A6-03(D1,D2,D3,D4,D9) 646 HRS 626 778 554 765 30500-740-000-001,711,713,716 PRUNE BEDDING PLANTS A6-10(D1 ,D2) 318 HRS 455 609 678 713 (D3,D4,D9) 30500-740-000-001,711,713,716 PRUNE SHRUBS A6-16 (D1,D2,D3,D9) 7,703 EA 7,427 14,539 10,401 21,269 30500-740-000-001,711,713,716 MOW MEDIAN TURF A6~21 (D1,D2,D9) 128 AC 128 307 268 362 30500-740-000-001,713,716 EDGE MEDIAN TURF A6-22 (D1 ,D2,D9) 298 MLF 221 874 763 1,101 30500-740-000-001,713,716 IRRIGATION INSPECTION/PROGRAM 13,617 STA 15,798 22,133 23,353 33,583 (STREETS) A6-30,31 (D1,D2,D3,D4,D9) 30500-740-000-001,711,713,716 IRRIGATION HEAD REPAIR A6-32(D1 ,D2) 1,216 EA 845 1,759 1,946 2,065 (D3,D4,D9) 30500-740-000-001,711,713,716 OTHER IRRIGATION SYSTEM REPAIRS 710 HRS 631 436 435 592 (VALVES, BACKFLOWS, CONTROLLERS, LINES) A6-33,34,35,36 (D1 ,D2,D3,D4,D9) 30500-740-000-001,711,713,716 ILLEGAL SIGNS/HAZARDS A6-80 (D1 ,D2) 187 HRS 333 261 261 256 (D9) 30500-740-000-001,716 k:\C.M. Documents\Dublin\Budget\Dublin, City of - Table 2 - 2002-2003 - 3-6-2002.xls CITY OF DUBLIN June 11, 2002 BUDGET PROPOSED ACTUAL ACTUAL 2001 -2002 ESTIMATED BUDGET ACTIVITY 1999 - 2000 2000 - 2001 FINAL 2001 - 2002 2002 - 2003 PARKS ALL ARE BUDGET 80200-740-000-001 PARK TREE PRUNING A3-03,08,09 427 EA 592 481 812 627 A4-01,03 LITTER PICKUP A6-01 1,057 HRS 1,472 2,325 2,580 2,990 PARK SHRUB PRUNING A6-16 3,331 EA 2,817 2,410 2,640 2,822 MOW PARK TURF A6-21 1,532 AC 2,049 2,613 2,535 2,643 EDGE PARK TURF A6-22 527 MLF 636 1,301 1,126 1,354 IRRIGATION INSPECTION/ 12,537 STA 12,598 17,456 17,662 17,703 PROGRAM (PARKS) A6-30,31 IRRIGATION HEAD REPAIR A6-32 854 EA 1,419 1,050 1,238 1,130 OTHER IRRIGATION SYSTEM 298 HRS 383 342 376 468 REPAIRS (VALVES, BACKFLOWS, CONTROLLERS, LINES) A6-33,34,35,36 RESTROOM CUSTODIAL A9-03 878 HRS 1,517 2,196 2,028 2,278 PLAYCOURT CUSTODIAL A9-06 84 HRS 49 175 186 179 PLAYGROUND MAINTENANCE A9-09 932 HRS 762 1,176 1,451 1,497 FOUNTAIN MAINTENANCE A9-10 249 HRS 166 215 160 215 BALLFIELD PREP - GAMES A9-22 217 HRS 223 913 636 632 BALLFIELD MAINT. A9-23,24 752 HRS 1,610 1,330 1,201 1,350 STORM PATROL & CLEANUP D2-01,02 169 HRS 216 257 156 199 k:\C.M. Documents\Dublin\Budget\Dublin, City of - Table 2 - 2002-2003 - 3-6~2002.xls CITY OF DUBLIN PROPOSED June 11, 2002 2002 - 2003 2001 - 2002 PROPOSED PERCENT RATES RATES CHANGE CHANGE DUBLIN CREW LABOR RATES MAINTENANCE SUPERiNTENDENT $48.60 HR $51.30 HR $2.70 5.6% LANDSCAPE FOREPERSON 37.30 HR 39,30 HR 2.00 5.4% LANDSCAPE LABORER I 31.30 HR 33.00 HR 1.70 5.4% LANDSCAPE LABORER II 26.60 HR 28.10 HR 1.50 5.6% LANDSCAPE LABORER III 21.30 HR 22.50 HR 1.20 5.6% DUBLIN CREW EQUIPMENT RATES PICKUP W/R & HT 7.30 HR 7.55 HR $0.25 3.4% FLATBED W/R & HT 8.70 HR 9.00 HR 0.30 3.4% CHAIN SAW 5.40 HR 5.60 HR 0.20 3.7% BRUSH CUTTER 4.80 HR 4.9'5 HR 0.15 3.1% POWER BLOWER 2.00 HR 2.05 HR 0.05 2.5% POWER HEDGE TRIMMER 3.40 HR 3.50 HR 0.10 2.9% TRAILER SMALL (8') 2.40 HR 2.50 HR 0.10 4.2% POWER WASHER 11.70 HR 12.10 HR 0.4'0 3.4% ELECTRIC wELDER 6.50 HR 6.70 'HR 0.20 3.1% PORTABLE GENERATOR 5.25' HR 5.40 HR 0.1'5 2.9% WATER TRAILER 9'.10 HR 9,40 HR 0.30 3.3% UTILITY CART 3.65 HR 3.75 HR 0.10 2.7% HAND HELD MEDIAN SCRUBBER 5.00 HR LARGE MEDIAN SCRUBBER 12.00 HR MCE CREW LABOR RATES SUPERINTENDENT $70.00 HR $72.45 HR $2.45 3.5% LOADER/BACKHOE OPERATOR 68.90 HR 71.30 HR 2,40 3.5% ASPHALT PAVER OPERATOR 68.90 HR 71.30 HR 2.40 3.5% ROLLER OPERATOR 66.57 HR 68.90 HR 2.33 3:5% TRUCK DRIVER 8-12 C.Y. 56.20 HR 58.15 HR 1.95 3.5% ' ' TRUCK DRIVER4-6C.Y. 55..19 HR 57.10 HR' 1.91 3.5% TRUCK DRIVER 3 C.Y. TRANSIT 56.20 HR 58.15 HR 1.95 3.5% CEMENT FINISHER 54.94 HR 56.85 HR 1.91 3.5% LABORER FOREMAN 50.09 HR 51.85 HR 1.76 3.5% RAKER 50.09 H'R 51.85 HR. 1.76 3.5% LABORER I 49.24 HR 50.95 HR 1~71 3:5% k:\C.M. Documents~Dublin\Budget\Dublin City of - Table 3 - 2002-2003 - 3-6-2002.xls - ' ' ' TABLE I!!/ CITY OF DUBLIN ,-~'~ PROPOSED June 11,2002 2002 - 2003 2001 - 2002 PROPOSED PERCENT RATES RATES CHANGE CHANGE MCE CREW EQUIPMENT RATES LARGE ASPHALT PAVER $68.75 HR $71 .'15 HR $2.40 3.5% ASPHALT PAVER 50.00 HR 51.75 HR 1.75 3.5% BACKHOE 43.75 HR 45.25 HR 1.50 3.4% LOADER 40.75 HR 42,15 HR 1.40 3.4% ROLLER-VIBRATORY 5-8 TON 37.50 HR 38,80 HR 1.30 3.5% ROLLER-VIBRATORY 3-5 TON 37.50 HR 38.80 HR 1,30 3.5% DUMP TRUCK 8-12 C.Y. 40.75 HR 42.15 HR 1.40 3.4% DUMP TRUCK 4-6 C.Y. 37.50 HR 38.80 HR 1.30 3.5% TRANSIT TRUCK 3 C.Y. 37.50 HR .38.80 HR 1.30 3.5% SAW TRUCK 31.25 HR 32.35 HR 1.10 3.5% PICKUP CREW CAB 12.50 HR 12.95 HR 0.45 3.6% PICKUP 12.50 HR 12.95 HR 0.45 3.6% CONCRETE SAW-SELF PROP. 31.25 HR 32.35 HR 1.10 3.5% CONCRETE SAW-SMALL 6.25 HR 6.45 HR 0.20 3.2% AIR COMPRESSOR 18.75 HR 19.40 HR '0.65 3.5% BITUMAL POT 11.25 HR 11.65 HR 0.40 3.6% VIBRA PLATE 10.00 HR 10.35 HR 0.35 3.5°/0 WACKER 10.00 HR 10.35 HR 0.35 3.5% POWER BERM MACHINE 18.75 HR 19.40 HR 0.65 3.5% UNIT PRICES CHEMICAL WEED CONTROL R.O.W. 110.87 AC 116.41 AC $5.54 5.0% TREE PRUNING o 0- 4" CLASS 1 23.00 EA 24.15 EA $1.15 5.0% o 4- 8" CLASS 1 37.09 EA 38.90 EA 1.81 4.'9% o 8- 14" CLASS 2 71.30 EA 74.86 EA 3.56 5.0% o 14 - 20" CLASS- 2 92.00 N/A 96.60 EA N/A N/A o OVER 20" BY BID BY BID BY BID FUNGUS sPRAYING -TREES 5.19 EA 5.45 EA 0.26 5..0% (50 TREE MINIMUM) 'FERTILIZE ONLY TURF o ALL PARKS EXCEPT CIViC CTR. 94.50 AC 99.22 AC $4.72 5.0% BROADLEAF SPRAYING TURF o ALL PARKS EXCEPT,CIVIC CTR. 80.48 AC 84.50 AC $4.02 5.0% k:\C.Mi Documents\D~blin\Budget\Dublin, City of - Table 3 - 2002~2003 - 3-6-2002.xls TABLE III CITY OF DUBLIN /~/ y PROPOSED ~ June 11,2002 2002 - 2003 2001 - 2002 PROPOSED PERCENT RATES RATES CHANGE CHANGE UNIT PRICES (CONTINUED ...) FERTILIZE / BROADLEAF TURF o ALL STREETS 143.93 AC 151.10 AC $7.17 5.0% o ClVlC CENTER 168.68 AC 177.12 AC 8.44 5.0% AERATION TURF o STREETS & FIRE STATION 381.88 AC 400.97 AC $19.09 5.0% o ALL OTHER PARKS 54.91 AC 57.66 AC 2.75 5.0% MOW TURF o STREET, FIRE STATION, 77.03 AC 79.74 AC $2.7'1 3.5% sTAGECOACH PARK o ALL OTHER PARKS 51.35 AC 53.16 AC 1.8'1 3.5% EDGING TURF o STREETS, FIRE STATION, 16.38 MLF 16.95 MLF $0.57 3.5% STAGECOACH PARK o ALL OTHER PARKS 14.04 MEF 1.4.53 MLF 0.49 3.5% CONTRACT BEDDING (ALL AREAS) 235.29 MO/AC 258.80 MO/AC $23.51 10.0% k:\C.M. Documents\Dublin\Budget\Dublin, City of ~ Table 3 - 2002-2003 - 3-6-2002.xls TABLE IV CITY OF DUBLIN ~,~ STAFFING COMPARISONS /l '~/ 0 6/512002 REVISED 2000-200'1 2001-2002 2001-2002 2002~2003 ' AREA / POSITION ACTUALS BUDGET ESTIMATED PROPOSED PUBLIC WORKS ADMIN. SUPERINTENDENT 1.00 1.00 1.00 1.00 BUILDING MANAGEMENT LLF 0.35 0.98 0.31 0.69 LL1 0.77 0.68 LLII 0.81 0.73 0.15 0.23 1.1_6 1.71 1.23 1.60 STREET MAINTENANCE LLF 0.10 0.20 0.15 0.13 LL1 0.15 0.15 0.15 0.25 LLII 0.20 0.20 0.22 0.17 LLIII' 0.78 0.24 0.32 0.42 1.23 0.79 0.84 0.97 STREET TREE LLF 0.10 0.10 0.08 0.08 LL1 0.06 0.06 0.08 0.15 LLII 0.18 0.16 0,12 0.10 LLIII 0.22 0.17 0.17 0.26 0.56 0.49 0.45 0.59 STREET LANDSCAPE MAINT. LLF 0.57 0.57 0.81 0.83 LLI 0,75 0.68 0.81 1.50 LLII 0.44 0.50 1.10 1.05 LUll 1.79 2.52 1.73 2.66 PARK MAINTENANCE LLF 0.59 0.97 0.98 0.98 LLI 0.96 1.03 0.96 1.90 LLII 1.08 1.10 1.35 1.25 LLIII 3.29 4.50 4.03 3.66 5.92 7.60 7.32 7.79 LIB RARY LLF 0.05 LL1 '' ' - 0.11 LLII 0.04 0.20 Page 1 of 2 TABLE IV STAFFING COMPARISONS 6/5/2002 REVISED 2000-2001 2001-2002 2001-2002 2002-2003 AREA / POSITION ACTUALS BUDGET ESTIMATED PROPOSED HERITAGE CENTER LLF 0.01 0.01 0.01 0.01 LL1 0.03 0.04 LLII 0.04 0.04 0.05 0.05 0.04 0.05 CEMETERY LLF 0.02 0.02 0.02 0.02 LL1 0.02 0.02 0.04 0.05 LLII 0.09 0.09 0.09 0.09 'LLIII 0.31 0.28 0.19 0.22 0,44 0.41 0.34 0.38 FIRE STATION BLDG, MAINT. LLF 0.01 0.01 0.01 0.01 LL1 0.05 0.05 LLII 0.06 0.08 0.07 0.09 0.06 0.06 FIRE STATION LANDSCAPE LL1 0.01 0.01 0.01 0.01 LLIII 0.01 0.02 0.01 0.02 0.02 0.03 0.02 0.03 ADDITIONAL WORK LLF 0.25 0.14 0.42 0.20 LL1 0.05 0.05 0.14 0.26 LL2 0.10 0.10 0.07 LL3 0.17 0.16 0.57 0.45 0.56 0.53 MCE GRAND TOTAL Supt. 1.00 1.00 1.00 1.00 LLF 2.00 3.00 2.80 3.00 LLI 2.00 2.00 3.04 5.00 LLII 3.00 3.00 3.03 3.00 LLIII 6.57 7.89 6.45 7,24 14.57 16.89 16.32 19.24 Page 2 of 2 Staff calculations based on the assumption that each hourly employee will work a total of 1,950 hours of regular and overtime per year. Includes hours for Community Events (Promotion). EXHIBIT 2 PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed the total sum of Two Million, One Hundred Twenty-Two Thousand, Four Hundred Fifty Dollars ($2,122,450) for services to be performed pursuant to this Agreement. Except as provided in Section 1, the total annual estimated budget shall be the sum of the planned expenditure amounts listed in Table I. 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 I. Unit Pricing is expressed in terms of Dollars per Work Measurement Unit for each item of work. Contractor shall bill Additional Work on the basis mutually agreed to by Contractor and the City at the time the work is incorporated into the annual maintenance program. For work performed and services rendered, Contractor shall submit monthly bills to the City by the 15th day of the month following the month in which the work was performedo The Contractor shall be compensated by the City as follows: A. A monthly payment for time and materials or unit price work will be provided, with payment to be made within twenty (20) days of receipt of invoice by the City. B. For Additional Work for which no unit prices have been agreed upon, compensation shall be agreed upon between the Public Works Director and Contractor in writing before work is performed. For Emergency Work when prior approval is not possible and when unit prices have not been agreed upon, the City and Contractor shall agree as soon as possible after the work is performed on the amount of compensation based on costs for related jobs. Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit 2 Page 1 of 1 July 1, 2002 EXHIBIT ~ ATTACHMENT 1 - SCHEDULE OF WORK CITY OF DUBLIN PROPOSED FISCAL YEAR 2002-2003 PREPARED JUNE 11, 2002 BY STAN SMALLEY 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 2002-2003. 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. 2002-2003 ESTIMATED ANNUAL ACTIVITY / SUB-ACTIVITY EXPENDITURE STREET MAINTENANCE o Street Repair $ 35,000 o Drainage Maintenance 8,234 o Storm Patrol/Clean Up 15,502 o Curb & Gutter/Sidewalks 6,374 o Sign Repair/Maintenance 38,546 o Neighborhood Watch Signs 880 o Striping/Marking 4,840 o Guardrail Repair 185 o Weed Abatement 50,790 o Bike Path Maintenance 12,000 o Spill Clean Up 9,848 Activity Total $ 182,199 MAINTENANCE SUPERVISION $ 101,330 STREET TREE MAINTENANCE o MCE/Contract Tree Maint - General Fund $ 70,337 o MCE/Contract Tree Maint - Stagecoach A.D. 2,611 o MCE/Contract Tree Maint - Dougherty A.D. 3,236 o MCE/Contract Tree Maint - Santa Rita A.D. 8,887 Activity Total $ 85,071 Page 1 of 5 Dublin, City of - Exhibit B, Pg 1-3 - 2002-2003 -6-11-021.xls STREET LANDSCAPE MAINTENANCE (BEAUTIFICATION) o General Fund Streets $ 387,608 o Community Promotion 20,064 o Stagecoach Assessment District 37,334 o Dougherty Assessment District 51,000 o Santa Rita Assessment District 101,013 Activity Total $ 597,019 PARKS MAINTENANCE o Stagecoach Park $ 16,412 o Kolb Park 61,987 o Dolan Park 40,492 o Alamo Creek Park 59,253 o Dougherty Hills 19,640 o Dublin Sports Ground 185,742 o Mape Park 35,481 o Shannon Park 80,875 o Dublin Swim Center 21,651 o Civic Center 76,309 o Senior Center 564 o Marlin Canyon Creek 15,389 o Murray School Ballfield 3,701 o Emerald Glen Park 218,632 o Ted Fairfield Park 71,380 o Dublin Public Library Grounds 19,763 o Alameda County Library Grounds 9,420 Activity Total $ 936,691 BUILDING MANAGEMENT $ 183,160 HERITAGE CENTER MAINTENANCE $ 5,857 CEMETERY / GROUNDS $ 32,863 FIRE STATION BUILDING $ 7,691 FIRE STATION GROUNDS $ 3,027 DUBLIN PUBLIC LIBRARY $ 21,606 Total 2002-2003 Estimated Annual Expenditure $ 2,156,513 Dublin, City of - Exhibit B, Pg 1-3 - 2002-2003 -6-11-021.xls Page 2 of 5 B. UNIT PRICES The following activities shall be completed at the Unit Prices indicated. The unit prices are inclusive of all labor, materials, equipment, overhead and management fees. 2002-2003 ACTIVITY / SUB-ACTIVITY UNIT PRICE BEDDING WEED CONTROL o Streets & Parks $ 258.80 per Acre CHEMICAL WEED CONTROL R.O.W. $116.41 per Acre TURF MAINTENANCE Fertilize Only Turf o All Parks Except Civic Center $ 99.22 per Acre Broadleaf Spraying Turf o All Parks Except Civic Center $ 84.50 per Acre Fertilize / Broadleaf Turf o All Streets $151.10 per Acre o Civic Center $177.12 per Acre Aeration Turf o Streets & Fire Station $ 400.97 per Acre o All Other Parks $ 57.66 per Acre Mow Turf o Streets, Fire Station, Stagecoach Park $ 79.74 per Acre o All Other Parks $ 53.16 per Acre Edging Turf o Streets, Fire Station, Stagecoach Park $16.95 per MLF o All Other Parks $14.53 per MLF TREE MAINTENANCE o Tree Pruning o 0"- 4" Class 1 $ 24.16 perTree o 4"- 8" Class 1 38.90 per Tree o 8" - 14" Class 2 74.86 per Tree o 14" - 20" Class 2 96.60per Tree o Over 20" By Bid o Fungus Spraying $ 5.45 per Tree Page 3 of 5 Dublin, City of - Exhibit B, Pg 1-3 - 2002-2003 -6-11-02Lxls C. 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 are included in the labor and equipment rates listed below. OVERTIME HOLIDAY HOURLY HOURLY HOURLY DESCRIPTION RATES RATES RATES LABOR RATES Dublin Crew Maintenance Superintendent $ 51.30 $ 76.95 $ 102.60 Landscape Foreperson 39.30 58.95 78.60 Landscape Laborer I 33.00 49.50 66.00 Landscape Laborer II 28.10 42.15 56.20 Landscape Laborer 111 22.50 33.75 45.00 MCE Crew Superintendent $ 72.45 $ 108.68 $ 144.90 Loader/Backhoe Operator 71.30 106.95 142.60 Asphalt Paver Operator 71.30 106.95 ~142.60 Roller Operator 68.90 103.35 137.80 Truck Driver 8-12 C.Y. 58.15 87.23 116.30 Truck Driver 4-6 C.Y. 57.10 85.65 114.20 Truck Driver 3 C.Y. Transit 58.15 87.23 116.30 Cement Finisher 56.85 85.28 113.70 Laborer Foreman 51.85 77.78 103.70 Raker 51.85 77.78 103.70 Laborer I 50.95 76.43 101.90 EQUIP. COST HOURLY DESCRIPTION RATE EQUIPMENT RATES Dublin Crew * Flatbed Dump $ 9.00 * Pickup 7.55 Chain Saw 5.60 Brush Cutter 4.95 Page 4 of 5 Dublin, City of- Exhibit B, Pg 4-5 - 2002-2003 - 6116-02.xls EQUIP. COST HOURLY DESCRIPTION RATE EQUIPMENT RATES (CONTINUED) Power Blower $ 2.05 Power Hedge Trimmer 3.50 Trailer- Small (8') 2.50 Power Washer 12.10 Electric Welder 6.70 Portable Generator 5.40 Water Trailer 9.40 Utility Cart 3.75 Hand Held Median Scrubber 5.00 Large Median Scrubber 12.00 MCE Crew Large Asphalt Paver $ 71.15 Asphalt Paver 51.75 Backhoe 45.25 Loader 42.15 Roller-Vibratory 5-8 Tons 38.80 Roller-Vibratory 3-5 Tons 38.80 Dump Truck 8-12 C.Y. 42.15 Dump Truck 4-6 C.Y. 38.80 Transit Truck 3 C.Y. 38.80 Saw Truck 32.35 Pickup Crew Cab 12.95 Pickup 12.95 Concrete Saw-Self Propelled 32.35 Concrete Saw - Small 6.45 Air Compressor 19.40 Bitumal Pot 11.65 Vibra Plate 10.35 Wacker 10.35 Power Berm Machine 19.40 OVERHEAD AND MANAGEMENT FEES Applied to Subcontract Work and 10 percent Material Costs * NOTE: Dublin Flatbed and Pickup rates include cost of two way radios and hand tools. Dublin, City of - Exhibit B, Pg 4-5 - 2002-2003 - 6116-02.xls Page 5 of 5 EXHIBIT 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 1 of 1 July 1, 2002 EXHIBIT 4 GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he 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 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. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract 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, 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 1 "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 of 4 July 1, 2002 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 Califomia and Employers Liability limits of $1,000,000 per accident. C. Deductibles and 8elf-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (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 officers, officials, employees or volunteers. (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, 2002 (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. Eo Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. F. Verification of Coverage. Contractor shall fumish 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 determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. Exhibit 4 Page 3 of 4 July 1, 2002 8. STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area. All instruments of service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Contractor's work. 9. HOLD HARMLESS AND 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 account of performance or character of the work stated above, including unforeseen difficulties, accidents, occurrences, or other causes predicated on active or passive negligence of the Contractor or any subcontractor. Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and agents from and against any or 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 shall not be construed to exempt the City, its employees, officers, directors, and agents 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, officials, and agents harmless from and against any and all loss, liability, expense, claim, costs (including costs of defense), suits and damages of every kind, nature and description arising from the act or omission by the City or any of its officers, officials, employees, and agents. By 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. ! 0. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. g: engr-contractLMCEiagreement 02 Exhibit 4 Page 4 of 4 July 1, 2002 MCE CORPORATION Vlaintenance -- Construction -- Engineering Mr. Lee Thompson June 11,2002 Director of Public Works City of Dublin 100 Civic Plaza Dublin, California 94568 Dear Lee: Attached are the final tables and exhibits that represent the final budgets as submitted to the City Council. Tables I and II list the actual 1999/2000, actual 2000/2001, budget 2001/2002, estimated 2001/2002, and proposed budget 2002/2003 dollar amounts and performance units of measurement respectively. Table III is a comparison of 2001/2002 labor, equipment and unit price rates to 2002/2003 proposed labor, equipment and unit price rates. MCE has proposed a 5.5% increase in the Dublin crew labor rates to reflect the cost of living increase for the Bay Area of 3.5% plus a 2.0% increase for greatly increased general liability and workers compensation insurance rates. MCE equipment rates have been increased 3.5%. Subcontract unit prices vary from 3.5% to 10% and average approximately 5% combined increase. Table IV compares the staffing levels for actual 2000/20011 budgeted 2001/2002, estimated 2001/2002, and the proposed 2002/2003. Exhibit B summarizes the various tables into our usual contract format. Please let me know if you have any additional questions or how I may be of further assistance. Sincerely, MC'E CORPORATION Senior Vice President, Contract Management SPS:kjh Enclosures DUBLIN, CITY OF LTRS (CM DOCS - W) 6515 Trinity Court, Dublin, California 94568-2627 · (925) 803.' ~ ~:A0~ ~¢~ ............ -~,~,~:}- ..... ' .-'~ ; CITY OF DUBLIN MCE CORPORATION'S INSURANCE COST INCREASES 2001-02 2002-03 % Of % INSURANCE Rate Rate Increase Year Annualized Worker's Compensation 7.40% 11.97% 4.57% 75% 3.43% General Liability 4.93% 7.37% 2.44% 92% 2.24% Totals 12.33% 19.34% 7.01% 5.67% Total Amount Of Labor Cost In Budgets $1,060,000 W.C. G.L Increase Increase Direct Payroll Costs $625,000 3.43% 2.24% Total Increased Insurance Costs $21,438 $14,000 $35,438 Percentage of Increased Insurance Costs as Total Labor In Budgets 2.02% 1.32% 3.34% The Worker's Compensation Rates are set for sure. The General Liability rate increase is fairly certain but we will not know for sure until mid-July. MCE Corporation proposes a 5.5 % increase to our 2001-02 labor rates to reflect the cost of living increase for the Bay Area of 3.5% plus a 2.0% increase for the increased Worker's Compensation Costs. MCE Corporation would also propose to make an adjustment at next year's budget review to adjust the 2003-04 for the actual increase costs due to General Liability Rate increases.