CITY COUNCIL AGENDA ITEM NO. 9
Meeting Date: June 27, 2006
Subject/Title: Adopt a resolution approving, and authorizing the City
Manager to enter into, a Professional Services Agreement with MCE
Corporation, for Parks and Recreation Inspection for new development and
Capital Improvement Projects in the Amount of $113,557.80 plus a 10%
contingency, for a total not to exceed agreement amount of $124,913.58.
Prepared by: Ken De Silva, Landscape/Facilities Manager
Submitted by: Craig Bronzan, Director of Parks and Recreation
Ken De Silva, Landscape/Facilities Manager
Adopt a resolution approving, and authorizing the City Manager to enter
into, a Professional Services Agreement with MCE Corporation, for Parks and
Recreation Inspection for new development and Capital Improvement Projects
in the Amount of $113,557.80 plus a 10% contingency, for a total not to
exceed agreement amount of $124,913.58.
On February 17, 2006, the City Council approved a Resolution authorizing the
City Manager to enter into a Professional Services Agreement with MCE Corp
for Landscape Inspection Services for new development and Capital
Improvement Projects (CIP) in the amount of $115, 000, and authorized the
City Manager to approve change orders up to 10% of the contract amount.
The City of Brentwood has experienced an enormous amount of landscape
development in the last few years. The number of parks, streetscapes,
residential and commercial landscape infrastructure projects created by new
development and the City's Capital Improvement Projects (CIP) continue to
increase. Inspection services are an integral part of the construction
process for quality control and to verify that all improvements are
constructed in conformance with City and State standards. Having good
quality control during construction reduces maintenance costs.
The Parks and Recreation Department is responsible for the review, plan
check and inspection of all landscape projects in addition to park landscape
projects. The Parks and Recreation Department has one full time Construction
Inspector who is paid through Park Development Funds. Additional, non
permanent, inspection staff are needed to perform the job.
MCE Corporation has performed (over the past 5 years) for the City providing
contract maintenance services on our landscaped areas. MCE is currently one
of our landscape maintenance contractors (awarded via the competitive bid
process). Last year we used MCE for construction inspection, and they have
performed admirably. This proposal is based on the expected need of a total
of one inspector from this firm for fiscal year 06/07. Contract inspectors
will only be used as needed, with related costs paid by specific Developers
and Development fees.
This Agreement with MCE Corporation will provide our Division with the
equivalent of one full time inspector for fiscal year 06/07. The unit rate
of pay is $63.60/hr. Inspectors from MCE Corporation specialize in
landscape/horticulture construction methods related to our site
Our Department will also propose (at this City Council meeting) to enter
into a Professional Services Agreement with Vali Cooper & Associates, Inc.,
for one additional inspector specializing in the civil aspects of our
This proposed budget has been approved by City Council as a part of the
fiscal year 2006/07 City of Brentwood Budget. Developer projects (Parks,
Streetscapes, & Trails) are a component of the City’s approved Capital
Improvement Program. Developer inspection fees are established to recoup
this inspection cost from the developers requiring the inspection services.
Professional Services Agreement
ADOPT A RESOLUTION APPROVING, AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO, A PROFESSIONAL SERVICES AGREEMENT WITH MCE CORPORATION, FOR PARKS AND
RECREATION INSPECTION FOR NEW DEVELOPMENT AND CAPITAL IMPROVEMENT PROJECTS
IN THE AMOUNT OF $113,557.80 PLUS A 10% CONTINGENCY, FOR A TOTAL NOT TO
EXCEED AGREEMENT AMOUNT OF $124,913.58.
WHEREAS, the City of Brentwood has experienced an enormous amount of public,
residential and commercial landscape development in the last few years; and
WHEREAS, inspection services are an integral part of the construction
process for quality control and to verify that all improvements are
constructed in conformance with City and State standards; and
WHEREAS, the Parks and Recreation Department is responsible for the review,
plan check and inspection of landscape projects; and
WHEREAS, MCE will be providing landscape construction inspection services
for the City to insure work is performed as per plans; and
WHEREAS, this proposed budget has been approved by City Council as a part of
the fiscal year 2006/07 City of Brentwood Budget.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby approves and authorizes the City Manager to execute a Professional
Services Agreement with MCE Corporation, for Parks and Recreation Inspection
Services for new development and Capital Improvement Projects in the amount
of $113,557.80, plus a ten percent (10%) contingency, for a total not to
exceed agreed amount of $124,913.58.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 27th day of June 2006, by the following vote:
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
This Agreement for Professional Consultant Services (“Agreement”), made and
entered into this __________ day of ________, 2006, by and between the CITY
OF BRENTWOOD, a municipal corporation existing under the laws of the State
of California (hereinafter referred to as “CITY”), and MCE Corporation, with
offices in Dublin, California (hereinafter referred to as “CONSULTANT”).
A. CITY desires certain professional consultant services hereinafter
B. CITY desires to engage CONSULTANT to provide these services by reason of
its qualifications and experience for performing such services and
CONSULTANT has offered to provide the required services on the terms and in
the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 – SCOPE OF SERVICES
1.1 The scope of services to be performed by CONSULTANT under this Agreement
is for professional services on an as-needed basis for construction
inspection services, as may be required by the CITY.
SECTION 2 – DUTIES OF CONSULTANT
2.2 CONSULTANT shall be responsible for the professional quality, technical
accuracy and coordination of all work furnished by CONSULTANT under this
Agreement. CONSULTANT shall, without additional compensation, correct or
revise any errors or deficiencies in its work.
2.3 CONSULTANT represents that it is qualified to furnish the services
described under this Agreement.
2.4 CONSULTANT shall be responsible for employing or engaging all persons
necessary to perform the services of CONSULTANT.
2.5 It is understood that Steve Loweree, Vice President – Contract
Management will be the designated representative to the City and this
designated representative shall not be replaced without the City’s approval.
SECTION 3 – DUTIES OF CITY
3.1 CITY shall provide pertinent information regarding its requirements for
3.2 CITY shall examine documents submitted by CONSULTANT and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the
progress of CONSULTANT’S work.
SECTION 4 – TERM
4.1 The services to be performed under this Agreement shall commence on the
date first above written and be completed on June 30th, 2007.
SECTION 5 – PAYMENT
5.1 Payment shall be made by CITY only for services rendered and upon
submission of a payment request and CITY approval of the work performed. 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 “B” not to exceed $124,913.58.
SECTION 6 – TERMINATION
6.1 Without limitation to such rights or remedies as CITY shall otherwise
have by law, CITY shall have the right to terminate this Agreement or
suspend work on the project for any reason upon ten (10) days’ written
notice to CONSULTANT. CONSULTANT agrees to cease all work under this
Agreement upon receipt of said written notice.
6.2 Upon termination and upon CITY’S payment of the amount required to be
paid, documents become the property of CITY, and CONSULTANT shall transfer
them to CITY upon request without additional compensation. Upon termination
or expiration of this Agreement, the obligations of the parties shall cease,
save and except from those provided under Sections 7, 8, 10, 11, 12, 14, 15,
SECTION 7 – OWNERSHIP OF DOCUMENTS
7.1 All documents prepared by CONSULTANT in the performance of this
Agreement, although instruments of professional service, are and shall be
the property of CITY, whether the project for which they are made is
executed or not. Use of the instruments of professional service by City for
other than the project, is at CITY’S sole risk without legal liability or
exposure to CONSULTANT.
SECTION 8 - CONFIDENTIALITY
8.1 All reports and documents prepared by CONSULTANT in connection with the
performance of this Agreement are confidential until released by CITY to the
public. CONSULTANT shall not make any such documents or information
available to any individual or organization not employed by CONSULTANT or
CITY without the written consent of CITY before any such release.
SECTION 9 – INTEREST OF CONSULTANT
9.1 CONSULTANT covenants that it presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services
under this Agreement.
SECTION 10 – CONSULTANT’S STATUS
10.1 It is expressly agreed that in the performance of the professional
services required under this Agreement, CONSULTANT shall at all times be
considered an independent contractor as defined in Labor Code Section 3353,
under control of the CITY as to the result of the work but not the means by
which the result is accomplished. Nothing herein shall be construed to make
CONSULTANT an agent or employee of CITY while providing services under this
SECTION 11 – INDEMNITY
11.1 Claims for Professional Liability – Consultant shall, with respect to
all Services performed in connection with this Agreement, defend, indemnify,
and hold the City of Brentwood, its elected and appointed officers,
employees, and volunteers harmless from and against any and all claims,
liability, loss, damage, costs, or expenses, including reasonable attorneys'
fees, awards, fines, or judgments (collectively, "Claims"), arising from or
relating to negligent acts, errors, or omissions in the performance of
professional services by Consultant, its subconsultants, agents or
employees. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of City, its agents or employees.
11.2 Claims for Other Liability – Consultant shall, with respect to all
Services performed in connection with this Agreement, defend, indemnify, and
hold the City of Brentwood, its elected and appointed officers, employees,
and volunteers harmless from and against any and all liens and Claims by
firms or individuals claiming through Consultant, and all Claims for
compensation, the death or bodily injury to persons, injury to property, or
other loss, damage, or expense arising from or related to the Services of
Consultant , its subcontractors, agents or employees. Consultant shall not
be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of
City, its agents or employees.
SECTION 12 – INSURANCE
12.1 Consultant shall, at all times it is performing Services under this
Agreement, provide and maintain insurance in the following types and with
limits no less than the following amounts:
A. Commercial General Liability Insurance, occurrence form, with a limit of
not less than $2,000,000 each occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be
no less than two (2) times the occurrence limit;
B. Automobile Liability Insurance, occurrence form, with a limit of not less
than $1,000,000.00 each occurrence. Such insurance shall include coverage
for owned, hired, and non-owned automobiles.
C. Professional Liability (errors and omissions) insurance in the minimum
amount of $2,000,000.00 aggregate.
D. Workers Compensation in at least the minimum statutory limits.
E. Employers Liability Insurance, with minimum limits of $1 million per
12.2 General Provisions:
A. Consultant's general and automobile liability insurance policies shall be
endorsed to name the City of Brentwood, its elected and appointed officers,
employees, and volunteers as additional insureds with respect to this
Agreement and the performance of services in this Agreement. The coverage
shall contain no special limitations on the scope of its protection to the
above-designated insureds except for Workers Compensation and errors and
B. Consultant's general and automobile liability insurance policies shall be
endorsed so that they are primary with respect to any insurance or
self-insurance programs of CITY, its officers, employees, and volunteers.
C. Before performing any services under this Agreement, Consultant shall
provide evidence of the required coverage and limits, and properly executed
policy endorsements satisfactory to City.
D. No changes in insurance may be made without the written approval of the
SECTION 13 - NONASSIGNABILITY
13.1 Personal Services of Consultant: Both parties hereto recognize that
this Agreement is for the personal services of CONSULTANT and cannot be
transferred, assigned, or subcontracted by CONSULTANT without the prior
written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT
14.1 It is mutually understood and agreed by and between the parties hereto
that CONSULTANT is skilled in the professional calling necessary to perform
the work agreed to be done under this Agreement and that CITY relies upon
the skill of CONSULTANT to do and perform the work in the most skillful
manner, and CONSULTANT agrees to thus perform the work. The acceptance of
CONSULTANT'S work by CITY does not operate as a release of consultant from
SECTION 15 - WAIVERS
15.1 The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provisions of any
ordinance or law shall not be deemed to be a waiver of such term, covenant,
condition, ordinance or law or of any subsequent breach or violation of same
or of any other term, covenant, condition, ordinance or law or of any
subsequent breach or violation of the same or of any other term, condition,
ordinance, or law. The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not be deeded to be a
waiver of any preceding breach or violation by the other party of any term,
covenant, or condition of this agreement of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEYS’ FEES
16.1 Attorneys’ fees in an amount not exceeding $85.00 per hour per
attorney, and in total amount not exceeding $5,000.00, shall be recoverable
as costs (by the filing of a cost bill) by the prevailing party in any
action or actions to enforce the provisions of this Agreement. The above
$5,000.00 limit is the total of attorneys’ fees recoverable whether in the
trial court, appellate court, or otherwise, and regardless of the number of
attorneys, trials, appeals, or actions. It is the intent of this Agreement
that neither party shall have to pay the other more than $5,000.00 for
attorneys’ fees arising out of an action, or actions to enforce the
provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
17.1 CONSULTANT warrants that is an Equal Opportunity Employer and shall
comply with applicable regulations governing equal employment opportunity.
Neither CONSULTANT nor any of its subcontractors shall discriminate in the
employment of any person because of race, color, national origin, ancestry,
physical handicap, medical condition, marital status, sex, or age, unless
based upon a bona fide occupational qualification pursuant to the California
Fair Employment and Housing Act.
SECTION 18 - MEDIATION
18.1 Should any dispute arise out of this Agreement, any party may request
that it be submitted to mediation. The parties shall meet in mediation
within 30 days of a request. The mediator shall be agreed to by the
mediating parties; in the absence of an agreement, the parties shall each
submit one name from the mediators listed by either the American Arbitration
Association, the California State Board of Mediation and Conciliation, or
other agreed-upon service. The mediator shall be selected by a "blindfolded"
18.2 The cost of mediation shall be borne equally by the parties. Neither
party shall be deemed the prevailing party. No party shall be permitted to
file a legal action without first meeting in mediation and making a good
faith attempt to reach a mediated settlement. The mediation process, once
commenced by a meeting with the mediator shall last until agreement is
reached by the parties but not more than 60 days, unless the maximum time is
extended by the parties.
SECTION 19 - ARBITRATION
19.1 After mediation above, and upon agreement of the parties, any dispute
or claim arising out of or relating to this Agreement may be settled by
arbitration in accordance with the Construction Industry Rules of the
American Arbitration Association, and judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. The
costs of arbitration shall be borne equally by the parties.
SECTION 20 - LITIGATION
20.1 CONSULTANT shall testify at CITY'S request if litigation is brought
against CITY in connection with CONSULTANT'S services under this Agreement.
Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S
wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony,
testimony, and travel at CONSULTANT'S standard hourly rates at the time of
SECTION 21 - NOTICES
21.1 All notices hereunder shall be given in writing and mailed, postage
prepaid, addressed as follows:
To CITY: City of Brentwood
150 City Park Way
Brentwood, CA 94513
To CONSULTANT: MCE Corporation
6515 Trinity Court
Dublin, CA 94568
SECTION 22 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT
22.1 This Agreement represents the entire and integrated agreement between
CITY and CONSULTANT and supersedes all prior negotiations, representations,
and agreements, either written or oral.
22.2 This Agreement may be amended only by written instrument, signed by
both CITY and CONSULTANT.
SECTION 23 – GOVERNING LAW
23.1 This Agreement shall be governed by the laws of the State of
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day
and year first above written.
CITY OF BRENTWOOD CONSULTANT:
Donna Landeros, City Manager Name:
Margaret Wimberly, CMC, City Clerk
APPROVED AS TO FORM:
Damien B. Brower, City Attorney
SCOPE OF SERVICES
1. Inspects the construction, repair, and/or alteration work on assigned
public landscape improvements including, parks, curbs, sidewalks, water and
drainage systems, storm drains, underground improvements, lighting systems,
landscaping, landscaping irrigation systems, and other City capital and
Developer projects; inspects materials, methods, and procedures for
conformance with plans and specifications; enforces and observes testing of
materials; reviews test reports; performs final inspection upon completion
2. Meets and confers with representatives of utility companies, contractors,
engineers and other public agencies regarding construction plans and
specifications; investigates and attempts to resolve citizen complaints.
3. Answers questions, provides information to, and confers with property
owners regarding project schedule, hazards, and inconvenience; schedules
service interruptions with the least interference and least inconvenience to
property owners; coordinates work with other City departments and utilities
to resolve interferences and conflicts.
4. Compiles detailed data on construction progress and inspection results
including project punchlists; issues notification letters to contractors;
maintains a variety of records and files; prepares various reports and logs
on daily operations and activities.
5. Reviews plans, specifications, contract documents, and other technical
data to ensure conformance with City standard; recommends and/or makes
changes as necessary.
6. Enforces and documents adherence to various environmental requirements.
7. Responds to public inquiries in a courteous manner; provides information
within the area of assignment; resolves complaints in an efficient and
8. Maintains awareness of new trends and developments in construction
methods and materials; incorporates new developments as appropriate.
9. Addresses public safety in construction zones; advises contractors of
issues related to public safety; assists in detour planning, sign placement,
and other traffic control measures.
City of Brentwood
Parks Inspector - Sally Cairns
July 1, 2006 - June 30, 2007
For $2M Liability Coverage
Month # hours hrly rate Cost
July 152 $ 63.60 $ 9,667.20
August 144 $ 63.60 $ 9,158.40
September 152 $ 63.60 $ 9,667.20
October 197 $ 63.60 $ 12,529.20
November 136 $ 63.60 $ 8,649.60
December 163.5 $ 63.60 $ 10,398.60
January 144 $ 63.60 $ 9,158.40
February 142 $ 63.60 $ 9,031.20
March 140 $ 63.60 $ 8,904.00
April 155 $ 63.60 $ 9,858.00
May 108 $ 63.60 $ 6,868.80
June 152 $ 63.60 $ 9,667.20
1785.5 Total $ 113,557.80
+10% Contingency $ 11,355.78
Grand Total $ 124,913.58