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CITY COUNCIL AGENDA ITEM NO. 24
May 23, 2000
contract with MCE Corporation for Citywide landscape maintenance.
Craig D. Bronzan,
Director of Parks and Recreation
Jon Elam, City
recommendation to enter into a professional services agreement with MCE
Corporation for Citywide landscape maintenance.
was directed by City Council at the March 28, 2000 meeting to bring back
a final recommendation for City Council action related to development
of a professional services agreement for Citywide landscape maintenance
to include parks, roadways, medians and lighting and landscape districts.
has been working since last summer, on a Citywide approach for a professional
services agreement for the ongoing maintenance of City parks, roadways,
medians and lighting and landscape districts.
The process included Requests for Qualifications, Requests for
Proposals, and three rounds of interviews of final candidates.
Staff also did site visits during the preparation of Citywide standards
and of the two finalists. Extensive
reference checks were made to determine the satisfaction of customers
who have been/are currently being served by the finalists.
an extensive review process, staff is recommending approval of a professional
services contract with MCE Corporation for the Citywide landscape maintenance
services for the City of Brentwood.
Staff has worked out specific work plans for each park, landscape
area, and lighting and landscape district that are within the proposed
2000/01 budget that will be adopted by City Council next month
contract for parks will be "not to exceed" $324,451.
The work plan proposed from MCE is $310,665.
However, staff has added $13,786 to the proposal for three months
of work at Garin Park and SPA L Heritage Park as it is now apparent they
will both be on line for three months during the coming fiscal year.
The work plan budget and total park budgets fit within the proposed
Engineer's Report for the City of Brentwood Citywide Park Maintenance
District No. 98-1 for fiscal year 2000/01.
Landscape/Roadside Areas budget, as funded by the City of Brentwood general
fund, will be "not to exceed" $377,400. This work program and budget is within the projected approval
limits for the 2000/01 City of Brentwood budget.
and Landscape Districts
lighting and landscape district work plan budget is "not to exceed"
$370,615. This budget is
paid through the individual assessment districts in the City and is a
part of the overall LLD assessment budget that is within the proposed
Engineer's Report for the City of Brentwood fiscal year 2000/01.
total contract for maintenance for fiscal year 2000/01 will be:
and Landscape Districts
"not to exceed"
work, as directed by the City of Brentwood, will be charged through unit
prices on a "time and material" basis as listed in "Exhibit
A - Schedule of Work" of the professional services agreement.
will be giving a brief presentation on this report at the meeting and
will have representatives of MCE Corporation in attendance to provide
a short overview of their corporation and to answer questions concerning
their work program.
Attachments: Professional Services Agreement
Park budget/MCE Workplan
Roadway Landscape budget/MCE Workplan
Roadway Landscape (LLD) budget/MCE Workplan
Task Conversion Chart
City of Brentwood Park Maintenance Standards
FOR PROFESSIONAL MAINTENANCE SERVICES
PROFESSIONAL MAINTENANCE SERVICES AGREEMENT made this 23RD
day of 2000 for the period of July 1, 2000 through June 30, 2001, between
the City of Brentwood (“CITY”), and, MCE Corporation ("CONSULTANT").
The CITY and CONSULTANT agree to the following:
SECTION 1. PURPOSE
OF AGREEMENT. The CITY desires
to secure professional maintenance services on an as need basis, not to
exceed $1,072,466. Additional
work, as directed by the City Manager or authorized staff personnel will
be on a “time and materials” billing as listed in Exhibit A.
SECTION 2. PERFORMANCE
BY CONSULTANT. The CONSULTANT
shall undertake and prosecute the work diligently to conclusion, using
that standard of care, skill and diligence normally provided by a professional
person in the performance of such contract services in respect to work
similar to that hereunder. Services shall be performed by Consultant's
staff or by sub-contractor(s) with the written consent of the City Manager
or authorized staff personnel. The
Consultant shall not change the scope of work without prior written approval
from the City Manager or authorized staff personnel.
Accordingly, the Consultant shall:
immediately after: CONSULTANT's receipt of a written notice to proceed
from the City Manager or authorized staff personnel.
shall perform any and all work needed to complete the tasks outlined the
attached proposal (Exhibit “A”) as directed by the City Manager or authorized
personnel to the satisfaction of the City.
shall complete the work mutually agreed upon within the time frame included
in the attached proposal (Exhibit “A”).
This Agreement may be terminated by either the CITY or the CONSULTANT
following ninety (90) days written notice of intention to terminate; thereafter,
the CITY shall be liable to the CONSULTANT only for those fees and costs
earned by CONSULTANT to the date of termination and which shall be substantiated
by an itemized written statement certified and submitted to CITY by the
CONSULTANT. The CITY's right
of termination shall be in addition to all other remedies available under
law to the CITY. The CONSULTANT
is not entitled to unemployment benefits upon termination of this Agreement
with the CITY. In any event,
this Agreement shall expire on June 30, 2001 with two renewal options
of three years each for maximum term of seven years. Upon termination or expiration of this Agreement, the obligations
of the parties shall cease, save and except for those provided under Sections
6, 8, 9, 11 through 15.
SECTION 4. SUB-CONTRACTORS.
None of the services covered by this Agreement shall be subcontracted
without the prior written consent of the City Manager or his designee.
The CONSULTANT shall be as fully responsible to the CITY for the
acts and omissions of his sub-contractors, and of persons either directly
or indirectly employed by them, as he is for the acts and omissions of
himself and persons directly employed by CONSULTANT.
The CONSULTANT shall incorporate this Agreement into all subcontractor
agreements so as to bind the subcontractor to the same type of level of
performance as is required herein of the CONSULTANT.
SECTION 5. ASSIGNMENT.
This Agreement may not be assigned by CITY or CONSULTANT without
prior, written consent of the other.
SECTION 6. INDEPENDENT
shall in all respects be an independent contractor and not an employee
of the CITY. In particular,
CONSULTANT shall receive no premium or enhanced pay for work normally
understood as overtime; nor shall CONSULTANT receive holiday pay, sick
leave, administrative leave or pay for any other time not actually worked.
Specifically, the CITY's rules, regulations, ordinances and memoranda
of understanding relating to employee organizations shall not apply to
any CONSULTANT. It is intended
by the parties that CONSULTANT shall not be eligible for benefits and
shall receive no compensation from the CITY, except as expressly set forth
in this Agreement.
CONSULTANT is an independent contractor pursuant to Labor Code
CONSULTANT shall be responsible for the means, equipment and resources
necessary to perform the consultant services.
CITY has no obligation to withhold or pay income taxes, unemployment
and disability taxes, FICA or FUTA contributions, or PERS contributions.
CITY shall file a Form 1099, where applicable, reflecting compensation
paid to CONSULTANT. CONSULTANT
shall be responsible for all employment taxes for all CONSULTANT’S employees.
SECTION 7. ADDITIONAL
SERVICES. In addition
to the ongoing services described herein, the CITY and CONSULTANT may
agree in writing during the terms of this Agreement, that the CONSULTANT
shall perform additional services found to be necessary.
Such additional services shall not be undertaken by the CONSULTANT
until there is an Agreement between the CITY and the CONSULTANT as to
the scope of the services and the cost to perform said services and the
CONSULTANT has received written authorization to proceed from the CITY.
SECTION 8. CONFIDENTIALITY.
Any report, information, exhibits, data, materials or other work
given to or prepared or assembled by the CONSULTANT under this Agreement
shall be confidential and shall not be made available to any third person
or organization by the CONSULTANT without prior written approval of the
City Attorney. CONSULTANT
is considered part of the City for purposes of protecting communications
between CONSULTANT and City’s legal counsel under the attorney-client
SECTION 9. OWNERSHIP
OF INFORMATION. All reports,
exhibits, data, materials, or other work prepared by the CONSULTANT in
compliance with this Agreement shall become the property of the CITY.
The CONSULTANT shall deliver these items to the CITY, within thirty
(30) days after the completion of the work.
Materials will not be used for any other purposes without the expressed
permission of the CONSULTANT.
10. PAYMENT. In consideration
of the CONSULTANT's performance of the work under this Agreement, the
CITY shall pay the CONSULTANT at the rates and for the hours actually
performed by the CONSULTANT in accordance with the rates set forth in
Exhibit "A", attached hereto and made a part hereof so long
as the estimated time schedule and quote required under Section 2C is
furnished at the outset of each project.
Payment by the CITY to the CONSULTANT shall be made within thirty
(30) days after receipt of the CONSULTANT's acceptable itemized billing.
SECTION 11. ACCESS
TO RECORDS. During the
term of this contract and for a period of three (3) years after its termination
or expiration, the CITY, or its duly authorized representatives, shall
have access to any books, documents, papers and records of the CONSULTANT
and of any sub-contractor of CONSULTANT, which are pertinent to this contract
for the purpose of making audit, examination, excerpts and transcriptions.
The CONSULTANT shall require any of his sub-contractors under this
Agreement to comply with this provision.
The CITY shall have the right to access and audit the records of
CONSULTANT for a period of three (3) years after the payment of any invoice.
CONSULTANT shall keep records according to the following standards,
at a minimum: All invoices
shall provide a brief description and date of the work performed, segregated
by CONSULTANT and any subcontractors as well as by task/project.
In the event CONSULTANT receives written consent under Section
4 to use subcontractors, CONSULTANT shall identify them by name and address
on the invoice and list any and all labor, materials, or equipment charges
incurred by subcontractor that are charged to the CITY.
CITY shall not pay entertainment expenses of CONSULTANT or subcontractors.
SECTION 12. EXCLUSION
OF LIABILITY; LIABILITY INSURANCE AND AGREEMENT TO HOLD HARMLESS.
CONSULTANT shall indemnify and hold harmless the CITY and its officers,
agents and employees from all claims arising out of the negligent acts
or omissions of CONSULTANT in performing services under this Agreement.
CITY shall indemnify and hold harmless the Consultant for claims
solely arising out of the negligent acts of the CITY, its officers, agents
and employees relating to this Agreement.
SECTION 13. JURISDICTION.
This Agreement shall be administered and interpreted under the
laws of the State of California.
Jurisdiction of litigation arising from the Agreement shall be
in Contra Costa County. If
any part of this Agreement is found in conflict with applicable laws,
such part shall be inoperative, null and void insofar as it conflicts
with said laws, but the remainder of this Agreement shall be in full force
SECTION 14. INSURANCE.
MCE Corporation shall obtain and maintain liability insurance coverage
of at least $1,000,000 for bodily injuries, property damage, and wrongful
death. Automobile insurance shall be maintained in the following limits:
Bodily injury $500,000 for each occurrence; property damage - $250,000
for each occurrence; combined single limit - $500,000 for each occurrence. To ensure coverage, MCE Corporation will forward certificates
of insurance to the City and will require any subcontractors under this
agreement to comply with this provision.
SECTION 15. ATTORNEY'S
FEES. In the event either
party to this Agreement brings an action to enforce or interpret this
Agreement, the prevailing party in such action shall be entitled to reasonable
attorney's fees, witness fees and legal costs.
For purposes of this provision, "prevailing party" shall
include a party which dismisses an action for recovery hereunder in exchange
for payment of the sum allegedly due, performance of covenants allegedly
breached, or consideration substantially equal to the relief sought in
the action or proceeding.
SECTION 16. COMPLIANCE
WITH FEDERAL, STATE AND LOCAL LAWS.
Before commencing the services required hereunder, CONSULTANT shall
disclose any potential conflicts of interest.
"Conflicts of interest" include, without limitations,
doing business with or investing with any company in the development,
brokerage or appraisal industry within the sphere of influence of CITY.
During the term of this Agreement, CONSULTANT shall refrain from
any such conflicts of interest.
CITY reserves its rights to terminate this Agreement based upon
the disclosure of conflicts or the existence of conflicts not disclosed
CONSULTANT shall comply with all federal, State and Local laws,
statutes, ordinances, rules and regulations affecting the performance
of this Agreement, including without limitation laws requiring licensing
and non-discrimination in employment because of race, creed, color, sex,
age, marital status, physical or mental disability, national origin or
other prohibited bases.
SECTION 17. CONFLICT OF
INTEREST. No director,
employee, subcontract or agent of CONSULTANT’S company shall give or receive
any commission, fee, rebate, gift or entertainment in connection with
the services to be performed by CONSULTANT under this agreement.
1.2 Reporting Requirements.
Contractors will be required to submit productivity reports by
site comparing actual performance against the contract work plan. Reports
will be required at least monthly and electronic data transfer is preferred.
Another option is direct data entry into City’s CMMS.
1.3 Local Hiring Plan.
include in the proposal a specific plan for hiring, training and retaining
Brentwood residents to implement the contract or to fill vacancies that
may be created during the term of the contract. The plan should estimate
the number of total hires during mobilization, the methods of recruitment
of Brentwood residents, training and retention plans for new hires. Contractor(s)
must supply a local hiring goal for the first contract year and will receive
a bonus of up to 1% of the proposal amount for achieving it by the end
of the first contract year.
contractor will agree to perform the described work for the prices and
markup stipulated in the contract for a period of at least 12 months from
the award of the contract. Contractor further agrees to accept new work
assigned by City during each contract period at the costs quoted in the
proposal or at adjusted costs for succeeding annual periods.
the request of the contractor, City will renegotiate price at the end
of each 12-month period for the succeeding year. All price increases will
be based on Bureau of Labor Statistics – Consumer Price Index-All Urban
Consumers for the San Francisco-Oakland-San Jose metropolitan area. City
also agrees to adjust payments to reflect changes in work quantities and
to pay for new work assigned to contractor at the contract rates then
in effect. Adjustments to quantities may be requested by either party
and is subject to field verification.
1.5 Vandalism and accidental damage. City assumes responsibility for the cost of repairing or replacing appurtenances damaged by persons other than the contractor or his agents. Vandalism or accidental damage repair costs shall be based on unit costs submitted by contractor in the proposal or on time and materials quotes for work not called out in the proposal. Contractor(s) shall be responsible for reporting to City and repairing or replacing all appurtenances damaged by contractor(s) or contractor’s agents.
Outcome-based contract and problem
staff will work closely with contractor(s)’ representatives to achieve
the results described in the standards and inspection criteria. City will
regularly inspect the contractor(s)’ work and rate it according to the
inspection criteria attached.
(Please refer to
Exhibits 1-3 for standards, work plan and inspection criteria.) City will
pay contractor(s) for work rated as “meets standards” or “needs improvement.”
City will not pay contractor(s) for work rated as “unsatisfactory” until
conditions “meet standards.” City will not make additional payments to
Contractor(s) for remedial work required to improve “unsatisfactory” areas.
City may assess contractor(s) any City costs if re-mediation is performed
parties will observe the following problem resolution process:
Contract duration and termination.
City intends to
establish a partnership-based relationship with its maintenance service
provider(s). City will enter into a one-year initial contract with two
renewal options of three years each for maximum term of seven years. In
the event that the relationship is not effective for one of the parties,
either party may terminated this agreement with 90 days written notice
to the other party.
bonuses and cost-savings incentives.
of Brentwood will offer a performance bonus of 1.0% to 5.0% of quarterly
billed amounts for consistent “meets standards” performance. When contractor(s)
achieve at least a 95% “meets standards” for quarterly inspections, contractor(s)
will receive a bonus as follows:
also will be eligible to earn profits from cost saving ideas. If contractor(s)
present operational or material changes that permit meeting standards
at a lower cost, city may adopt those cost reducing procedures or materials.
Contractor(s) then may earn estimated profit on the savings for the remaining
life of the contract. Contractor(s) and city will agree on profit amounts
and payout schedules.
Substandard areas at beginning of contract
identify and verify in the field with contractor(s) areas where substandard
conditions exist. City will not apply inspection criteria in those areas
until City at its cost completes renovation or rehabilitation. City will
expect the contractor to maintain the identified substandard areas at
a level that prevents further deterioration.
1.10 Adjustment period For the first three months, contractor(s) and City will conduct inspections jointly to reconcile differing approaches to measuring outcomes. City will pay contractor(s) for all work during the adjustment period regardless of rating. Contractor(s), however, will not be eligible to accumulate points toward performance bonuses until adjustment period has been completed. Contractor may elect an earlier termination of the adjustment period.
City landscape maintenance contract manager.
to award, City will assign a “landscape contract manager” with responsibility
and final authority for all park and roadway landscape maintenance contracts
and related subcontracts and services. The “landscape contract manager”
will have ultimate responsibility for management of all such contracts
including negotiating, renegotiating, awarding bonuses, imposing penalties,
termination and renewal.
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
Fax (925) 516-5441