HomeMy WebLinkAboutContracts & Agreements_50-2013_CCv0001.pdf -���DI�IERS/F/ED
SERVICES
�r
February 27, 2014
Aaron Jenkins
City of Redlands
PO Box 3005
1270 W. Park Ave, Bldg. E
Redlands, CA 92373
RE: Fleet& Purchasing
Dear Mr. Jenkins,
We are closing our business here in Mira Loma at the end of March and will no longer be
able to provide repair services for your company.
It has been a privilege and a pleasure doing business with you.
Sincere' ,
ave Pilarcik
General Manager -----�• ""�""`
MAR - 3 2014
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
This agreement for the provision of vehicle maintenance and repair services("Agreement") is made
and entered in this 2"d day of April, 2013 ("Effective Date"),by and between the City of Redlands,
a municipal corporation("City)"and Diversified Services("Contractor"). City and Contractor are
sometimes individually referred to herein as a"Party" and,together, as"Parties."In consideration
of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE I —ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to provide vehicle maintenance and repair services for City
(the"Services").
1.2 The Services shall be performed by Contractor in a professional manner,and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
contractors in the industry providing like and similar types of Services.
ARTICLE 2—SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit"A,"
entitled"Scope of Services,"which is attached hereto and incorporated herein by reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable state
prevailing wage laws.
ARTICLE 3—RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor public information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Fred Cardenas, City's Quality of Life Director, as City's representative with
respect to performance of the Services, and such person shall have the authority to transmit
instructions,receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner as
reasonably requested from time to time by City. The Services shall commence within ten
(10)days of the Effective Date of this Agreement.
4.2 The term of the Agreement shall be for a period of one(1)year from the Effective Date of
this Agreement(the"Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by two(2)one-year additional terms(each a "Renewal Term"),on
the same terms and conditions,by providing written notice, as authorized by the City
Council,to Contractor at least thirty (30) days prior to the expiration of the Initial Term or
any Renewal Term.
1:'=ca\djmit'v,areemen&xDiversified Agreement.doc
ARTICLE 5 —PAYMENTS TO CONTRACTOR
5.1 The total compensation for Contractor's performance of the Services for the Initial Term, or
for any Renewal Term, shall not exceed the amount of One Hundred Twenty Thousand
Dollars($120,000) for parts and supplies and Sixty Thousand Dollars($60,000)for labor,
for a total of One Hundred Eighty Thousand Dollars($180,000). City shall pay Contractor
on a time and materials basis up to the not to exceed amount based upon the unit prices and
hourly rates shown in Exhibit"A."
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed,the dates the Services were performed,the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30)days after receipt and approval by City of
Contractor's invoice.
5.3 Contractor's compensation will be adjusted annually for any Renewal Term in an amount
equal to the increase in the Consumer Price Index from the previous year to the current year.
The Consumer Price Index to be used for annual adjustments of any payments under this
Agreement is the CPI-U (Consumer Price Index for All Urban Consumers)Los Angeles-
Riverside-Orange County.
5.4 All notices shall be given in writing by personal delivery or by mail.Notices sent by mail
should be addressed as follows:
City Contractor
Fred Cardenas,Director Dave Pilarcik, General Manager
Quality of Life Department Diversified Services
City of Redlands 3777 DeForest Circle
35 Cajon Street, Suite 222 Mira Loma, CA 91752
P.O. Box 3005 (mailing)
Redlands,CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices are
to be given by giving notice pursuant to this section 5.4.
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration of
its performance of the Services. Contractor shall not perform any Services unless and until
the required insurance listed below is obtained by Contractor. Contractor shall provide City
with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (30)days prior written notice to
City.
6.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with the
laws of the State of California, with an insurance carrier acceptable to City as described in
1:\ca\djrn\Agreemerft\Diversified Agreement.doe 2
Exhibit"B,"entitled"Workers' Compensation Insurance Certification,"which is attached
here-to and incorporated herein by this reference.
6.3 Contractor shall secure and maintain comprehensive general liability insurance with carriers
acceptable to City. Minimum coverage of One Million Dollars($1,000,000)per occurrence
and Two Million Dollars($2,000,000)aggregate for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such insurance
shall be primary and non-contributing to any insurance or self-insurance maintained by City.
6.4 Contractor shall have business auto liability coverage, with minimum limits of One Million
Dollars($1,000,000)per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non-owned vehicles, and
employee non-ownership vehicles. City shall be names as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self insurance
maintained by City.
6.5 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability,including
attorneys' fees,arising from injury or death to persons or damage to property occasioned by
and negligent act,omission or failure to act by Contractor, its officers,employees and agents
in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by the
performance of Contractor's Services. Contractor further covenants and represents that in
the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform
Act because Contractor:
A. Does not make or participate in:
(i) the making or any City governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance,denial, suspension or revocation of City permits, licenses,
applications, certifications,approvals, orders or similar authorization or
entitlements;
(iii) authoring City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting City approval of policies, standards or guidelines for
City or for any subdivision thereof.
1:\ca\dji-nlAgTeements\DiveTsified Agreement.doe 3
B. Does not serve in a staff capacity with City and in that capacity, participate in making a
governmental decision or otherwise perform the same or substantially the same duties
for City that would otherwise be performed by an individual holding a position specified
in City's Conflict of interest Code under Government Code section 87302.
7.3 In the event City officially determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700, State of
Economic Interests with the City Clerks' office pursuant to the written instructions provided
by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services,except with the prior written approval of
City and in strict compliance with the terms, and conditions of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor.Neither City nor of its agents shall have
control over the conduct of Contractor or Contractor's employees,except as herein set forth.
Contractor shall supply necessary tools and instrumentalities required to perform the
Services.Assigned personnel employed by Contractor are for its account only,and in no
event shall Contractor or personnel retained by it be deemed to have been employed by City
or engaged by City for the account of, or on behalf of City. Contractor shall have no
authority,express by City for the account of, or on behalf of City. Contractor shall have no
authority,express or implied,to act on behalf of City in any capacity whatsoever as an
agent,nor shall Contractor have any authority, express or implied,to bind City to any
obligation.
8.4 Unless earlier terminated as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however, this Agreement may
be terminated by City, in its sole discretion, by providing ten(10)days prior written notice
to Contractor(delivered by certified mail, return receipt requested)of City's intent to
terminate.If this Agreement is terminated by City, an adjustment to Contractor's
compensation shall be made, but(1) no amount shall be allowed for anticipated profit or
unperformed Services,and(2)any payment dude Contractor at the time of termination may
be adjusted to the extent of any additional costs to City occasioned by any default by
Contractor.Upon receipt of a termination notice,Contractor shall immediately discontinue
its provision of the Services. Contractor shall be compensated on a pro-rata basis for
Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices,accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years,or for any longer period required by law, from the date of final payment to Contractor
pursuant o this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
I Aea\djm\AgreementMDiversified Agmement.doc 4
8.6 This Agreement, including the Exhibits incorporated herein by reference,represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein,an amendment
to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State
of California_
INWITNESS WHEREOF, duly authorizes representative of the City and Contractor have signed in
confirmation of this Agreement.
CITY OF REDLANDS DIVERSIF D ERVICES
By: By:
Pete Aguilar,Mayor ave Pilarcik, General Manager
Attest:
Sam Irwin, 66 Oerk
I lcalttjm\Agreements\Diversifted Agreement,doe 5
EXHIBIT"A�`
Scope of Services
SCOPE OF WORK FOR PM
Bidders ohoU perform routine repair services that indude, but are not limited to, work on bnak*u, auopension,
heaVair conditioning systems, electrical systems, minor engine repair, and other repairs normal and
customary for routine repair ofecommercial fleet.
(i\ Only fixed service locations will beconsidered for contract award.
(ii) The required turnaround time for PM Service plus routine repair services done amaresult ofthe PM
inspection shall not exceed two(2)business days.
(iii) APreventive Maintenance Service(see Exhibit C, D-F)checklist shall becompleted bythe
technician and attached to the invoice submitted to the City for every vehicle serviced. The
technician should include observations and explanations for any further needed repairs.
(ii|i) Service Schedule will bebased oneither mileage/hours and/or period oftime- Preventative
Maintenance and Inspections, Vendor shall:
Every oun*ours16,0mwMiles wv1zMonths
1. Inspect the exterior of the vehicle for damage, check the windows/mirror for cracks or dings, and
check that the license plates are secured onthe front and rear.
2� Check operation ofall directional signals and lights. This will include interior and exterior lights.
1 Visually check operation ofall instruments and gauges.
4. Check operation ofheat/defroster and air conditioner. Visually check all interior knobs and handles
(doomm. locks,dash pone|).
5. Check operation safety ofequipment: horn and seat belts.
8. Check operation ofthe parking brake.
7. Check operation and lube the hood latch and door locks.
& Check operation ofthe transmission and check the fluid level. Fill with the specified transmission
fluid ifneeded, os suggested bythe manufacturer.
8. Inspect the wiper blades and wiper arms. 0|the window wash reservoir, as needed.
10. Check the steering operation. Check the power steering fluid level and fill asneeded.
11, Visually check for coolant leaks inthe radiator orhoses. Tighten hose clamps mmneeded. Check
the coolant level inthe reservoir and fill aeneeded,
12. Check the battery water level and 0[ U needed. If it is not"maintenance free"types check the sight
glass for mgreen color. Remove and clean the battery cables and terminals.
11 Check condition ofthe engine mounts.
14, Check condition and tension ofall belts and hoses.
16. Inspect and clean orreplace the PVC valve, ifneeded.
18, Check fuel lines, hoses, and fittings for leaks and tighten asrequired.
17. Check operation of brakes and/or air brake system, and fluid levels, fill as needed.Visually inspect
and clean the calipers,wheel cylinders, rotors, drums, and brake lining. Record the approximate
front and rear remaining lining wear inmileage terms(GK+nr1QK*). Brakes should bareplaced if
less than anestimated 5`{0X]miles remains inbrake-lining life.
18, Drain and replace engine oil. Replace oil filter.
19, Inspect fire wear,tread depth and air pressure,fill ifneeded,
20. Inspect condition ofwheels, lug nuts, and studs,
21� Check differential fluid level and fill as needed with manufacturer recommended fluid.
22. Inspect condition mfdrive line and U-joinba. Lube msrequired.
23, Checks exhaust system for leaks,
24, Lubricate and give suspension system"look and shake"inspection.Visually inspect the shocks for
leaks.
25, Visually check condition ofthe frame and cross members.
26- Attach sticker that shows mileage of next service due(adding 4,000 or as specified by owner's
manual ifunder vxarnonty), The sticker should beplaced byodometer,
27 Check transfer case fluid level and fill esneeded with manufacturer recommended fluid.
1:1,cadjnmxL,reememu�Diversio*/xsrewmomx^v A-|
Every 2,500 Hours or 36,000Miles
Items listed below will be performed in addition to PM-D checklist items 1-9.
1. Perform a pressure check of the coolant system for leaks.
2. Change the air and fuel filters,
1 Perform a complete system check to include the ignition/timing, the charging voltage,charging
amperage and the cranking amperage. The results must be recorded on the PM checklist.
4. Drain the transmission fluid, replace the filter, adjust the transmission bands and replace the pan
gasket. Fill transmission with manufacturer required type and specified amount of transmission fluid.
Road test should be performed to ensure the fluid is circulated and that the bands are adjusted
property to have a smoothly operating vehicle.
5. Replace all spark plugs and wires, distributor cap and rotor, and PVC valve with new OEM of better
quality parts. Perform overhead service.
& Drain coolant system and perform back flush to system. Replace coolant.
7. Remove thermostat and gasket and replace with new OEM or better quality part.
8. Pressure test coolant system, check for leaks and tighten all hose clamps and fittings.
9. A road test shall be performed for each preventive service performed for diagnosing problems,
checking the effectiveness of repairs and for testing the overall operation of the vehicle.
Comments: The technician must complete this section to explain any needed repairs or observations.
UNSCHEDULED REPAIR SERVICE
As a result of PM Service, the technician may make recommendations for further repair service. Technician
shall support their recommendations for such repair work by using diagnostic statistics, accepted
performance standards, vehicle history records, mileage, and other customary means. The technician shall
obtain prior authorization before completing any further repair work that is identified as a result of PM
Service. Appropriate contact information will be provided upon award of contract.
DOT/BIT INSPECTIONS—TRUCK MAINTENANCE AND SAFETY INSPECTION
Bidders awarded the Cab and Chassis, Fire, Specialty Street, or On-Road Truck portion of this RFB will be
required to perform periodic maintenance and safety inspections. California Highway Patrol form 108 will be
used for all Truck Maintenance and Safety Inspections. Visit Litt � rr,,serne-
sefe.itlforms/ctir,108 0 for a
Lt.Lhlsj
copy of the form. A copy of the completed inspection form will be given to the City's designated
representative after each inspection. Inspection records must be retained by contractor per DOT and CHP
guidelines.
):\ca\djm'\Agrmments\Diversified Agrecmentdoc A-2
Fleet Services Pricing List
Labor
PM Hourly Rate 69.00 Per Hour
Standard Hourly Rate
85.00 Per Hour
Overtime Hourly Rate
110,00 Per Hour
Field Labor Rate 110,00 Per Hour
Emergency Call Hourly Rate 110.00 Per Hour
Fabrication Hourly Rate
85.00 Per Hour
DOT/BIT Inspection Rate 69.00 Per Hour
Outside Labor Markup 20 %
Other I
Parts
Discount on Parts Costs
Cost Plus W 24%
Name of Flat Rate Manual: Cummins,Autocar, Chart, Meritor Factory SRT's
Name of Parts Price Sheet Autocar National Account&Cummins Dealer
I:\ca\qim\Agreemen&-Diversified Agreement.doc A-3
EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
VEHICLE MAINTENANCE AND REPAIR SERVICES
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due
to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to
be insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code §1861).
Diversified S9&1-",, s
By: March 20,2013
Dav ilarcik, General Manager
1:'\ca\djmiA�reements\Diversified Agmement.doc B-1