HomeMy WebLinkAboutContracts & Agreements_102-2014_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 17th day of June, 2014 ("Effective Date"),by and between the City of Redlands,
a municipal corporation("City)" and Southern California Fleet 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 1 —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 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 (an"Extended Term"), on the
same terms and conditions hereof, by providing written notice to Contractor at least thirty
(30) days prior to the expiration of the Initial Term or any Extended Term.
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ARTICLE 5 —PAYMENTS TO CONTRACTOR
5.1 The total compensation for Contractor's performance of the Services shall not exceed the
amount of Eighty Thousand Dollars ($80,000) for parts and supplies and One Hundred
Thousand Dollars ($100,000) 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 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 Tom Franchina, President
Quality of Life Department Southern California Fleet Services, Inc
City of Redlands 2855 Sampson Avenue
35 Cajon Street, Suite 222 Corona, CA 92879
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 and
payments are to be given by giving notice pursuant to this section 5.3.
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 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City,or certification to City
that Southern California Fleet Services is self-insured or exempt from the workers'
compensation laws of the State of California. Southern California Fleet Services shall
provide City with Exhibit"B," entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference prior to occupancy of the
Premises.
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
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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 Iimit 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
any negligent act or omission of, or willful misconduct, by Contractor, or 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 of 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) authorizing 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.
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 perfornied 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,
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Statement of Economic Interests,with the City Clerk's 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 Documents, records, drawings, designs, cost estimates, electronic data files, databases and
any other documents developed by Contractor in connection with its performance of the
Services, and any copyright interest in such documents, shall become the property of City
and shall be delivered to City upon completion of the Services, or upon the request of City.
Any reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk.
8.4 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 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.
8.5 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 due 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.
8.6 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 to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
8.7 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,proposals or agreements relating to such matters are superseded
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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.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Contractor have signed
in confirmation of this Agreement.
CITY OF REDLANDS SOUi!Z
IFO FL T
SER
By: By:
Pete Aguilar, Mayor To ranchi , President
Attest:
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Sam 1-rwi&,/Ciey Clerk
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EXHIBIT"A"
Scope of Services
SCOPE OF WORK FOR Repair& PM Services for Solid Waste Trucks
Bidders shall perform repair and preventative maintenance services that include, but are not limited to, work
on solid waste truck brakes, suspension, heat/air conditioning systems, electrical systems, minor engine
repair and other repairs normal and customary for routine repair of a commercial fleet.
i. Only fixed service locations will be considered 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 Preventative Maintenance Service checklist shall be completed by the 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.
iv. Service Schedule will be based on either mileage/hours and/or period of time. Preventative
Maintenance and Inspections, Vendor shall:
Every 500 Hours/6,000 Miles or 12 Months
1. Inspect the exterior of the vehicle for damage, check the windowslmirror for cracks or dings, and
check that the license plates are secured on the front and rear.
2. Check operation of all directional signals and lights. This will include interior and exterior lights.
3. Visually check operation of all instruments and gauges.
4. Check operation of heatidefroster and air conditioner. Visually check all interior knobs and
handles (doors, locks, dash panel).
5. Check operation safety of equipment: horn and seat belts.
6. Check operation of the parking brake.
7. Check operation and lube the hood latch and door locks.
8. Check operation of the transmission and check the fluid level. Fill with the specified
transmission fluid if needed, as suggested by the manufacturer.
9. Inspect the wiper blades and wiper arms. Fill the window wash reservoir, as needed.
10. Check the steering operation. Check the power steering fluid level and fill as needed.
11. Visually check for coolant leaks in the radiator or hoses. Tighten hose clamps as needed.
Check the coolant level in the reservoir and fill as needed.
12. Check the battery water level and fill, if needed. 1f it is not "maintenance free" types check the
sight glass for a green color. Remove and clean the battery cables and terminals.
13. Check condition of the engine mounts.
14. Check condition and tension of all belts and hoses.
15. Inspect and clean or replace the PVC valve, if needed.
16. Check fuel lines, hoses, and fittings for leaks and tighten as required.
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
18. Approximate front and rear remaining lining wear in mileage terms (5K + or 10K +). Brakes
should be replaced if less than an estimated 5,000 miles remains in brake-lining life.
19. Drain and replace engine oil. Replace oil filter.
20. Inspect tire wear, tread depth and air pressure, fill if needed.
21. Inspect condition of wheels, lug nuts, and studs.
22. Check differential fluid level and fill as needed with manufacturer recommended fluid.
23. Inspect condition of drive line and U-joints. Lube as required.
24. Checks exhaust system for leaks.
25. Lubricate and give suspension system "look and shake" inspection. Visually inspect the shocks
for leaks.
26. Visually check condition of the frame and cross members.
27. Attach sticker that shows mileage of next service due (adding 4,000 or as specified by owner's
manual if under warranty). The sticker should be placed by odometer.
28. Check transfer case fluid level and fill as needed with manufacturer recommended fluid.
Every 2,500 Hours or 36,000 Miles
Items listed below will be performed in addition to PM-D check list from items 1-9.
1. Perform a pressure check of the coolant system for leaks.
2. Change the air and fuel filters.
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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 properly to have a smoothly operating vehicle.
5. Replace all spark plugs and wires, distributor cap and rotor, and PUC valve with new OEM or
better quality parts. Perform overhead service.
6. 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 contractor 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 I BIT INSPECTIONS—TRUCK MAINTENANCE AND SAFETY INSPECTION
Bidder awarded the work will require to perform periodic maintenance and safety inspections. California
Highway Patrol form 108 will be used for all Truck Maintenance and Safety Inspections. Visit
http://symsersafe.net%forms'chp108.pdf for a 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 bidder per DOT and CHP guidelines.
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Fleet Services Pricing List
Labor
PM Hourly Rate
65.00 Per Hour
Standard Hourly Rate
$13.00 Per Hour
Overtime Hourly Rate
110.00 Per Hour
Field Labor Rate
89.00 Per Hour
Emergency Call Hourly Rate 110.00 Per Hour
Fabrication Hourly Rate
50.00 Per Hour
DOT/BIT Inspection Rate
65.00 Per Hour
Parts
Discount on Parts Costs
Cost Plus%: 25%
Name of Flat Rate Manual:
Mitchell
The Bidder offers and agrees to provide repairs/services for the City of Redlands at the labor rate and parts discount listed.
All services will be performed in accordance with the terms and conditions of the contract.
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
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 by one or more insurers
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.
CHECK ONE
/ 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 and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that I
become subject to the workers' compensation laws of California, immediately 1 shall provide the
City with a certificate of consent to self-insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
Southe alif is FZZ
Date: /
By:
T ranchln , resident
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