HomeMy WebLinkAboutContracts & Agreements_52-2013_CCv0001.pdf 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 Ray Gaskin Service, Inc. ("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 this 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"),
1.\4,djm\Agrcemen&,Ray Gaskin Service Agreement.doc 1
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.
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 Ten Thousand
Dollars ($110,000) for parts and supplies and Fifty Thousand Dollars($50,000)for labor,
for a total of One Hundred Fifty Thousand Dollars($160,000). 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 each Renewal Term,if any,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:
C ity Contractor
Fred Cardenas,Director William McIntosh,President
Quality of Life Department Ray Gaskin Service, Inc.
City of Redlands 14572 Rancho Vista
35 Cajon Street, Suite 222 Fontana, CA 92335
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.
F,ca,djm\Agreemcnmxy Gaskin Suvice AgreetnenLdoc 2
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 Exhibit"B," entitled"Workers' Compensation Insurance Certification,"
which is attached hereto 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;
F,,cadjnMgmements:xRay Makin Service Agreement,doc 3
(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.
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.
F,ca`:djmiAgmementz!ARay Gaskin Service Agreement,doe 4
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.
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.
IN WITNESS WHEREOF, duly authorizes representative of the City and Contractor have signed
in confirmation of this Agreement.
CITY OF REDLANDS RAY GASKIN SERVICE INC
By:
ay
Pete Agkar,Mayor l
Attest:
Sam-Irv�il(rei ty-�Jerk
L,ca',ttim=Agreements',Ray Gaskin Service A.-rcement.doe 5
EXHIBIT'W'
Scope ofServices
HYDRAULIC CYLINDERS
The bidden awarded the hydraulic cylinder portion of this request for bid must be ob|m to perform the
following:
REBUILD ROD-TYPE
° Arebui|d shall include all materials necessary to completely re-build nod-type hydraulic cylinders
complete with new rods, pistons,glands, ports, clevis and mounts when necessary.
° Arebuild should consist mfthe following, otaminimum:
Replace all eea|a, packing and cups regardless of appearance with correct design or retrofitted to
update cylinder.
° Inspect cylinder for nicks, dents, pitting,and hone each to a#15 micro finish before re-assembly.
= Cylinder nxjm to be checked for straightness (straighten if necessary) concentric and mounting
threads 0abnburr free; inspect nicks, dents and pitting.
° Polish rod.
° All parts hobeinspected and checked for proper tolerance.
• All cylinders are io be re-assembled; pressure tested to maximum operating pressure checked by-
pass orleaks and painted.
° Must meet OEK8' Specifications.
° Damaged or scrap tubes are to be returned with rebuilt cylinders if a new tube must be added to the
rebuilt unit.
NEW CYLINDERS
° New cylinders are iobucomplete with devis, ports and mounts.
SCOPE OF WORK FOR PM
Bidders shall perform routine repair services that include, but are not limited to,work on brakes,suspension,
heat/air conditioning systems, electrical nyatemm. minoreng|nonypeir. andckh*rvepoirsnonna|and
customary for routine repair ofacommercial fleet.
(i) Only fixed service locations will beconsidered for contract award.
(ii) The required turnaround time for PM Service plus routine repair services done as a result of the PM
inspection shall not exceed two(2)business days.
(iii) A Preventive Maintenance Service(see Exhibit C, D-F)checklist shall be completed by the
technician and attached tuthe invoice submitted to the City for every vehicle serviced. The
technician should include observations ondexp!anadons for any further needed repairs.
(ii\i) Service Schedule will bebased mneither mi|eage/houmand/or period oftime. Preventative
Maintenance and Inspections,Vendor shall:
Every n00**urs/6,w00 Miles or 12 Months
1Inspect the exterior of the vehicle for damage, check the windows/mirror for cracks or dings, and
check that the license plates are secured unthe front and rear.
2. Check operation ofall directional signals and lights. This will include interior and exterior lights.
3, Visually check operation ofall instruments and gauges.
4 Check operation mfheat/defroster and air conditioner, Visually check all interior knobs and handles
(dooms.locks,dash pand).
5. Check operation safety nf equipment: horn and seat belts.
8, Check operation ofthe parking brake.
7. Check operation and lube the hood latch and door locks.
V. Check operation ofthe transmission and check the fluid level. Fill with the specified transmission
fluid Jneeded,ossuggested bythe manufacturer.
9. Inspect the wiper blades and wiper arms. Fill the window wash reservoir, amneeded.
10, Check the steering operation. Check the power steering fluid level and fill osneeded.
A,l
z:1C"\djmw`w,=u"m°mkyGaskin u=`.oeAgreement-doe
11� Visually check for coolant leaks in the radiator or hoses. Tighten hose clamps as needed. Check
the coolant level inthe reservoir and fill asneeded.
12. Check the battery water level and fill, ifneeded. Ifkimnot"maintenance free"types check the sight
glass for agreen color. Remove and clean the battery cables and terminals.
13. Check condition ufthe engine mounts.
14. Check condition and tension cf all belts and hoses.
15. Inspect and clean erreplace the PVC valve, |fneeded.
18. Check fuel lines,hoses,and fittings for leaks and tighten aerequired.
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(5N+or10K+). Brakes should bereplaced if
less than anestimated 5.O0Dmiles remains inbrake-lining life.
18. Drain and replace engine oil. Replace oil filter.
10. 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 asneeded with manufacturer recommended fluid.
22. Inspect condition ofdrive line and U-joinba. Lube esrequired.
21 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 oYthe frame and cross members.
28. Attach sticker that shows mileage ofnext service due(adding 4.00Ooresapeuifiadbyowner's
manual ifunder wannnty). The sticker should beplaced byodometer.
27. Check transfer case fluid level and fill as needed with manufacturer recommended fluid.
Every u.mmHours or 36,000 Miles
Items listed below will beperformed inaddition toPyW-Dchecklist items i-Q.
1. Perform mpressure check ofthe coolant system for leaks.
2. Change the air and fuel filters.
3. Perform a complete system check to include the ignition/timing,the charging voltage,charging
amperage and the cranking amperage, The results must berecorded unthe PYWchecklist.
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 beperformed 0oensure the fluid iacirculated and that the bands are adjusted
property 0uhave asmoothly operating vehicle.
5, Replace all spark plugs and wires,distributor cap and rotor, and PVC valve with new OEM or better
quality parts. Perform overhead service.
G. Drain coolant system and perform back flush Uzsystem. 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.
Q� 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 rep�air work that is identified as a result of PM
5ervice. Appropriate contact information will be provided upon award of contract.
/\-2
Fleet Services Pricing List
Labor
PM Hourly Rate N/A Per Hour
Standard Hourly Rate 69.00 Per Hour
Overtime Hourly Rate
103.00 Per Hour
Field Labor Rate
69.00 Per Hour
Emergency Call Hourly Rate N/A Per Hour
Fabrication Hourly Rate 69.00 Per Hour
DOT/SIT Inspection Rate N/A Per Hour
Outside Labor Markup
20 °IQ
Parts
Method of Calculating Discount on Parts Costs choose one
Cost Plus%:
or
List Price Minus%: 10
Name of Flat Rate Manual:
N/A
Name of Parts Price Sheet:
Gaskin
A-3
I:`.ca,djm`.AgrcemenLstRay Gaskin Service Agreement.doc
EXHIBIT 4411111
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
VEMCLE 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).
Ray Gaskin Services
By: March 20, 2013
wiimim—MdAkosh,—President
B-1
1Aca-,djm\Agecments\Ray Gaskin Service Agreement,doc