HomeMy WebLinkAboutORANGE, COUNTY OF (2) - 2011N-2011-106
County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
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CONTRACT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR LIGHT DUTY VEHICLE MAINTENANCE & REPAIR SERVICES FOR
OC WASTE & RECYCLING
THIS Contract MA-299-12010448 for Light Duty Vehicle Maintenance & Repair Services for
OC Waste & Recycling, (hereinafter referred to as "Contract") is made and entered into as of the date
fully executed by and between the County of Orange, OC Waste & Recycling, a political subdivision of
the State of California, (hereinafter referred to as "County") and the following five (5) Contractors
(hereinafter referred to as "Contractors"), which are sometimes individually referred to as ("Party"), or
collectively referred to as ("Parties").
CONTRACTORS:
• City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701-4058
• Elite Automotive Services
70 Auto Center Drive
Foothill Ranch, CA 92610-2820
• Orange Empire Resales Inc. DBA Orange Empire Auto Center
210 W. Katella Ave.
Orange, CA 92867-4703
• Santa Margarita Ford
29922 Avenida de las Banderas
Rancho Santa Margarita, CA 92688-2108
• Stadium Mercedes Tech, Inc.
2120 E. Howell Ave., #416
Anaheim, CA 92806-6029
RECITALS
WHEREAS, Contractors and County are entering into this aggregate Contract for Light Duty
Vehicle Maintenance & Repair Services for OC Waste & Recycling under a time and materials Contract
effective November 1, 2011 through October 31, 2012 in an amount not to exceed $168,200.00, shared
among the five (5) Contractors; and
WHEREAS, the County solicited the scope of services as set forth herein, and Contractor has
represented that it is qualified to provide scope of services to the County; and
WHEREAS, Contractor agrees to provide services as more specifically described in the Scope of
Work, attached hereto as Attachment A and incorporated herein; and
WHEREAS, County agrees to pay Contractor the fees as further set forth in Contractor
Rates/Compensation, attached hereto as Attachment C and incorporated herein;
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
ARTICLES
NOW, THEREFORE, the Parties mutually agree as follows:
1. Scope of Services: This Contract, including Attachments, specify the contractual terms and
conditions by which the Contractor shall provide Light Duty Vehicle Maintenance & Repair
Services for OC Waste & Recycling under a time and materials Contract, as set forth herein.
2. Contract Term: This Contract shall commence upon execution of all necessary signatures
and shall continue for one (1) year from that date unless otherwise terminated as provided
herein. This Contract may be renewed upon expiration of the initial term, two (2)
consecutive one-year periods, upon mutual agreement of both Parties. The County is not
obligated to give a reason or notice if it elects not to renew. Renewal amendments may
require approval of the County Board of Supervisors.
Contingency of Funds: Contractor acknowledges that funding or portions of funding for
this Contract may be contingent upon state budget approval; receipt of funds from, and/or
obligation of funds by, the state of California to County; and inclusion of sufficient funding
for the services hereunder in the budget approved by County's Board of Supervisors for each
fiscal year covered by this Contract. If such approval, funding or appropriations are not
forthcoming, or are otherwise limited, County may immediately terminate or modify this
Contract without penalty.
4. Usage: No guarantee is given by the County to the Contractor regarding usage of this
Contract. Usage figures are approximate based upon the last usage. The Contractor agrees to
supply services requested, as needed by the County of Orange, at rates listed in the Contract,
regardless of quantity requested.
5. Precedence: The Contract documents consist of this Contract and Attachments. In the event
of a conflict between or among the Contract documents, the order of precedence shall be the
provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and
articles of this Contract, and then the Attachments.
6. Contractor's Personnel: The Contractor warrants that all persons employed to provide
service under this Contract have satisfactory past work records indicating their ability to
accept the kind of responsibility anticipated under this Contract. All Contractor's personnel
shall be required to wear uniforms, badges and/or other means of identification which are to
be issued and provided by the Contractor and must be worn at all times while working on
County property.
7. Conflict of Interest: The County of Orange Board of Supervisors' policy prohibits its
employees from engaging in activities involving a conflict of interest. The Contractor shall
not, during the period of this Contract, employ any County employee for any purpose. The
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the County. This obligation shall apply
to the Contractor; the Contractor's employees, agents, and relatives; sub-tier Consultants; and
third parties associated with accomplishing work and services hereunder. The Contractor's
efforts shall include, but not be limited to establishing precautions to prevent its employees or
agents from making, receiving, providing or offering gifts, entertainment, payments, loans or
other considerations which could be deemed to appear to influence individuals to act contrary
to the best interests of the County.
8. Conditions Affecting Work: The Contractor shall be responsible for taking all steps
reasonably necessary to ascertain the nature and location of the work to be performed under
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
this Contract and to know the general conditions which can affect the work or the cost
thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility
for successfully performing the work without additional cost to the County. The County
assumes no responsibility for any understanding or representations concerning the nature,
location(s) or general conditions made by any of its officers or agents prior to the execution
of this Contract, unless such understanding or representations by the County are expressly
stated in the Contract.
9. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by the Contractor in accordance
with generally accepted accounting principles. These records shall be stored in Orange
County for a period of three years after final payment is received from the County. Storage
of records in another county will require written approval from the County Purchasing
Manager.
10. Audits/Inspections: Contractor agrees to permit the County, which may include the
Auditor-Controller or the Auditor-Controller's authorized representative (including auditors
from a private auditing firm hired by the County), access during normal working hours to all
books, accounts, records, reports, files, financial- records, supporting documentation,
including payroll and accounts payable/receivable records, and other papers or property of
Contractor for the purpose of auditing or inspecting any aspect of performance under this
Contract. The inspection and/or audit will be confined to those matters connected with the
performance of the Contract including, but not limited to, the costs of administering the
Contract. The County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor's records before final
payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three years
after final payment, unless a longer period of records retention is stipulated under this
Contract or by law. Contractor agrees to allow interviews of any employees or others who
might reasonably have information related to such records. Further, Contractor agrees to
include a similar right to the County to audit records and interview staff of any subcontractor
related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to
this Contract shall be forwarded to the surviving entity in a merger or acquisition or to the
County's Purchasing Manager.
11. Child Support Enforcement Requirements: Contractor is required to comply with the child
support enforcement requirements of the County. Failure of the Contractor to comply with
all federal, state, and local reporting requirements for child support enforcement or to comply
with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment
shall constitute a material breach of the Contract. Failure to cure such breach within 60
calendar days of notice from the County shall constitute grounds for termination of the
Contract.
12. Publication: No copies of sketches, schedules, written documents, computer based data,
photographs, maps or graphs, including graphic art work, resulting from performance or
prepared in connection with this Contract, are to be released by Contractor and/or anyone
acting under the supervision of Contractor to any person, partnership, company, corporation,
or agency, without prior written approval by the County, except as necessary for the
performance of the services of this Contract. All press releases, including graphic display
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
information to be published in newspapers, magazines, etc., are to be administered only by
the County unless otherwise agreed to by both Parties.
13. News/Information Release: The Contractor agrees that it will not issue any news releases in
connection with either the award of this Contract or any subsequent amendment of or effort
under this Contract without first obtaining review and written approval of said news releases
from the County through the County's Purchasing Manager.
14. Breach of Contract: The failure of the Contractor to comply with any of the provisions,
covenants or conditions of this Contract, shall constitute a material breach of this Contract.
In such event the County may, and in addition to any other remedies available at law, in
equity, or otherwise specified in this Contract:
a. Afford the Contractor written notice of the breach and ten calendar days or such shorter
time that may be specified in this Contract within which to cure the breach;
b. Discontinue payment to the Contractor for and during the period in which the Contractor
is in breach and offset against any monies billed by the Contractor but yet unpaid by the
County those monies disallowed pursuant to the above.
c. Terminate the Contract immediately without penalty.
15. Contract Disputes: The Parties shall deal in good faith and attempt to resolve potential
disputes informally. If the dispute concerning a question of fact arising under the terms of
this Contract is not disposed of in a reasonable period of time by the Contractor's Project
Manager and the County's Project Manager, such matter shall be brought to the attention of
the County Deputy Purchasing Agent (DPA), as specified in Article 19, Notices, by way of
the following process:
a. The Contractor shall submit to the County DPA a written demand for a final decision
regarding the disposition of any dispute between the Parties arising under, related to, or
involving this Contract, unless the County, on its own initiative, has already rendered
such a final decision.
b. The Contractor's written demand shall be fully supported by factual information, and, if
such demand involves a cost adjustment to the Contract, the Contractor shall include with
the demand a written statement signed by a senior official indicating that the demand is
made in good faith, that the supporting data are accurate and complete, and that the
amount requested accurately reflects the Contract adjustment for which the Contractor
believes the County is liable.
c. Pending the final resolution of any dispute arising under, related to, or involving this
Contract, the Contractor agrees to diligently proceed with the performance of this
Contract, including the delivery of goods and/or provision of services. The Contractor's
failure to diligently proceed shall be considered a material breach of this Contract. Any
final decision of the County shall be expressly identified as such, shall be in writing, and
shall be signed by the County DPA. If the County fails to render a decision within 90
days after receipt of the Contractor's demand, it shall be deemed a final decision adverse
to the Contractor's contentions. The County's final decision shall be conclusive and
binding regarding the dispute unless the. Contractor commences action in a court of
competent jurisdiction to contest such decision within 90 days following the date of the
County's final decision or one year following the accrual of the cause of action,
whichever is later.
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
16. Orderly Termination: Upon termination or other expiration of this Contract, each Party
shall promptly return to the other Party all papers, materials, and other properties of the other
held by each for purposes of execution of the Contract. In addition, each Party will assist the
other Party in orderly termination of this Contract and the transfer of all assets, tangible and
intangible, as may be necessary for the orderly, non-disruptive business continuation of each
Party.
17. Ownership of Documents: The County has permanent ownership of all directly connected
and derivative materials produced under this Contract by the Contractor. All documents,
reports and other incidental or derivative work or materials furnished hereunder shall become,
and remain, the sole property of the County and may be used by the County as it may require
without additional cost to the County. None of the documents, reports and other incidental or
derivative work or furnished materials shall be used by the Contractor without the express
written consent of the County.
18. Title to Data: All materials, documents, data or information obtained from the County data
files or any County medium furnished to the Contractor in the performance of this Contract
will at all times remain the property of the County. Such data or information may not be used
or copied for direct or indirect use by the Contractor after completion or termination of this
Contract without the express written consent of the County. All materials, documents, data or
information, including copies, must be returned to the County at the end of this Contract.
19. Notices: Any and all notices, requests demands and other communications contemplated,
called for, permitted, or required to be given hereunder shall be in writing, except through the
course of the County's Purchasing Manager and Contractor's Project Manager routine
exchange of information and cooperation during the terms of the work and services. Any
written communications shall be deemed to have been duly given upon actual in-person
delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no
greater than four calendar days after being mailed by US certified or registered mail, return
receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as
the first day. All communications shall be addressed to the appropriate Party at the address
stated herein or such other address as the Parties hereto may designate by written notice from
time to time in the manner aforesaid.
County: OC Waste & Recycling/Purchasing
Attn: Purchasing Manager
300 N. Flower St., Suite 400
Santa Ana, CA 92703
Phone: 714.834.4000
Fax: 714.834.4136
Contractor: City of Santa Ana
Attn: Rick Longobart
20 Civic Center Plaza
Santa Ana, CA 92701-4058
Phone: 714.647.3348
Fax: 714.647.3599
20. Hazardous Conditions: Whenever the Contractor's operations create a condition hazardous
to traffic or to. the public, the Contractor shall provide flagmen and furnish, erect and
maintain control devices as are necessary to prevent accidents or damage or injury to the
public at Contractor's expense and without cost to the County. The Contractor shall comply
with County directives regarding potential hazards.
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
Emergency lights and traffic cones must also be readily available at all times and must be
used in any hazardous condition. Emergency traffic cones must be placed in front of and
behind vehicles to warn oncoming traffic.
Signs, lights, flags, and other warning and safety devices shall conform to the requirements
set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and
Maintenance Work Zones, published by the state of California Department of Transportation.
Contractor shall provide, install, and maintain all warning devices (i.e., barricades, cones,
flashing lights, etc.) required to adequately protect the public, County staff and other workers
during the performance of this Contract.
21. Governing Law and Venue: This Contract has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California.
In the event of any legal action to enforce or interpret this Contract, the sole and exclusive
venue shall be a court of competent jurisdiction located in Orange County, California, and the
Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree to waive any
and all rights to request that an action be transferred for trial to another County.
22. Entire Contract: This Contract, including Attachments A-D, which are attached hereto and
incorporated herein by this reference, when accepted by the Contractor either in writing or by
the shipment of any article or other commencement of performance hereunder, contains the
entire Contract between the Parties with respect to the matters herein and there are no
restrictions, promises, warranties or undertakings other than those set forth herein or referred
to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County
unless authorized by County in writing. Electronic acceptance of any additional terms,
conditions or supplemental Contracts by .any County employee or agent, including but not
limited to installers of software, shall not be valid or binding on County unless accepted in
writing County's Purchasing Agent or his designee.
23. Amendments: No alteration or variation of the terms of this Contract shall be valid unless
made in writing and signed by the Parties; no oral understanding or agreement not
incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives,
substitutes or revisions are valid or binding on County unless authorized by County in
writing.
24. Taxes: All prices shall include any applicable sales tax.
25. Delivery: Time of delivery of goods or services is of the essence in this Contract. County
reserves the right to refuse any goods or services and to cancel all or any part of the goods not
conforming to applicable specifications, drawings, samples or description, or services that do
not conform to the prescribed Scope of Work. Acceptance of any part of the order for goods
shall not bind County to accept future shipments, nor deprive it of the right to return goods
already accepted, at Contractor's expense. Overshipments and undershipments of goods shall
be only as agreed to in writing by County. Delivery shall not be deemed to be complete until
all goods, or services, have actually been received and accepted in writing by County.
26. Acceptance/Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall
not be deemed complete unless in writing and until all the goods/services have actually been
received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in
arrears after services have been provided.
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
27. Warranty: Contractor expressly warrants that the goods/services covered by this Contract
are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for
which they are used, and 3) fit for the particular purpose for which they are intended.
Accep ,Vnce of this order shall constitute an agreement upon Contractor's part to indemnify,
d and hold County and its indemnities as identified in Article 36, Indemnification, and
as more fully described in Article 36, harmless from liability, loss, damage and expense,
i t t incurred or sustained by County by reason of the failure of
the goods/services to conform to such warranties, faulty work performance, negligent or
unlawful acts, and non-compliance with any applicable state or federal codes, ordinances,
orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the
.California Industrial Safety Act. Such remedies shall be in addition to any other remedies
provided by law.
28. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly
provided in this Contract, Contractor shall be solely responsible for clearing the right to use
any patented or copyrighted materials in the performance of this Contract. Contractor
warrants that any software as modified through services provided hereunder will not infringe
upon or violate any patent, proprietary right, or trade secret right of any third party.
Contractor agrees that, in accordance with the more specific requirement contained in Article
36, Indemnification, it shall indemnify, defend and hold County and County Indemnities
harmless from any and all such claims and be responsible for payment of all costs, damages,
penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
29. Assignment or Subcontracting: The terms, covenants, and conditions contained herein
shall apply to and bind the heirs, successors, executors, administrators and assigns of the
parties. Furthermore, neither the performance of this Contract nor any portion thereof may be
assigned or subcontracted by Contractor without the express written consent of County. Any
attempt by Contractor to assign or sub-contract the performance or any portion thereof of this
Contract without the express written consent of County shall be invalid and shall constitute a
breach of this Contract.
30. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will
comply with the requirements of Section 1735 of the California Labor Code and not engage
nor permit any subcontractors to engage in discrimination in employment of persons because
of the race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex of such persons. Contractor acknowledges
that a violation of this provision shall subject Contractor to all the penalties imposed for a
violation of Anti-Discrimination Law or regulation, including but not limited to, Section 1720
et set,. of the California Labor Code.
31. Termination: In addition to an other remedies or rights it may have by law and those set
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forth in this Contract, , aA49 - to terminate this Contract without penalty
immediately with cause or after 30 days' written notice without cause, unless otherwise
specified. Cause shall be defined as any breach of Contract, any misrepresentation or fraud
on the part of the Contractor. Exercise by County of its right to terminate the Contract shall
relieve County of all further obligations.
32. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed
waived and no breach excused, unless such waiver or consent shall be in writing and signed
by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of,
a breach by the other, whether express or implied, shall not constitute consent to, waiver of,
or excuse for any other different or subsequent breach.
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
33. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative
as to one another and as to any other provided by law, rather than exclusive; and the
expression of certain remedies in this Contract does not preclude resort by either Party to any
other remedies provided by law.
34. Independent Contractor: Contractor shall be considered an independent Contractor and
neither the Contractor, its employees, nor anyone working for Contractor under this Contract
shall be considered an agent or an employee of County. Neither the Contractor, employees
nor anyone working for the Contractor under this Contract shall qualify for workers'
compensation or other fringe benefits of any kind through County.
35. Performance: Contractor shall perform all work under this Contract, taking necessary steps
and precautions to perform the work to County's satisfaction. Contractor shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other goods/services furnished by the Contractor under this Contract.
Contractor shall perform all work diligently, carefully, and in a good and workman-like
manner; shall furnish all labor, supervision, machinery, equipment, materials, and supplies
necessary therefore; shall at its sole expense obtain and maintain all permits and licenses
required by public authorities, including those of County required in its governmental
capacity, in connection with performance of the work; and, if permitted to subcontract, shall
be fully responsible for all work performed by subcontractors.
36. Indemnification: Contractor agrees to indemnify, wig .«?; 1-appie?ed ri-?writi g/IS
b? C , and hold County, its elected and appointed officials, officers, employees, agents
and those special districts and agencies which County's Board of Supervisors acts as the
governing Board ("County Indemnitees") harmless from any claims, demands or liability of
any kind or nature including but not limited to personal injury or property damage, arising
from °?la'?-? the services, products or other performance provided by Contractor
pursuant to this Contract. If judgment is entered against Contractor and County by a court of
competent jurisdiction because of the concurrent active negligence of County or County
Indemnitees, Contractor and County agree that liability will be apportioned as determined by
the court. Neither party shall.request a jury apportionment.
Insurance Provisions: Prior to the provision of services under this contract, the Contractor
agrees to purchase all required insurance at contractor's expense and to deposit with the
County Certificates of Insurance, including all endorsements required herein, necessary to
satisfy the County that the insurance provisions of this contract have been complied with and
to keep such insurance coverage and the certificates therefore on deposit with the County
during the entire term of this contract. In addition, all subcontractors performing work on
behalf of Contractor pursuant to this contract shall obtain insurance subject to the same terms
and conditions as set forth herein for Contractor.
All self-insured retentions (SIRS) and deductibles shall be clearly stated on the Certificate of
Insurance. If no SIRS or deductibles apply, indicate this on the Certificate of Insurance with a
"0" by the appropriate line of coverage. Any self-insured retention (SIR) or deductible in an
amount in excess of $25,000 ($5,000 for automobile liability), shall specifically be approved
by the County Executive Office (CEO)/Office of Risk Management.
If the contractor fails to maintain insurance acceptable to the County for the full term of this
contract, the County may terminate this contract.
Qualified Insurer: The policy or policies of insurance must be issued by an insurer licensed
to do business in the state of California (California Admitted Carrier) or have a minimum
rating be A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by
the most current edition of the Best's Key Rating Guide/Property-Casualty/United States
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
or ambest.com.
If the insurance carrier is not a non-admitted carrier in the state of California and does not
have an A.M. Best rating of A-/VIII, the County CEO/Office of Risk Management retains the
right to approve or reject a carrier after a review of the company's performance and financial
ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum
limits and coverage as set forth below:
Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non-owned and hired vehicles
Workers' Compensation
Employers' Liability Insurance
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
Required Coverage Forms: The Commercial General Liability coverage shall be written on
Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability
coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA
0012, CA 00 20, or a substitute form providing coverage at least as broad.
Required. Endorsements: The Commercial General Liability policy shall contain the
following endorsements, which shall accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at
least as broad naming the County of Orange, its elected and appointed officials,
officers, employees, agents as Additional Insureds.
2) A primary non-contributing endorsement evidencing that the contractor's insurance is
primary and any insurance or self-insurance maintained by the County of Orange shall
be excess and non-contributing.
All insurance policies required by this Contract shall waive all rights of subrogation against
the County of Orange and members of the Board of Supervisors, its elected and appointed
officials, officers, agents and employees when acting within the scope of their appointment or
employment.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement
waiving all rights of subrogation against the County of Orange, and members of the Board of
Supervisors, its elected and appointed officials, officers, agents and employees.
All insurance policies required by this contract shall give the County of Orange 30 days-
notice in the event of cancellation and 10 days for non-payment of premium. This shall be
evidenced by policy provisions or an endorsement separate from the Certificate of Insurance.
The Commercial General Liability policy shall contain a severability of interests clause also
known as a "separation of insureds" clause (standard in the ISO CG 0001 policy).
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
Insurance certificates should be forwarded to OC Waste & Recycling/Purchasing at 300 N.
Flower Street, Suite 400, Santa Ana, CA 92703. If the Contractor fails to provide the
insurance certificates and endorsements within seven days of notification by OC Waste &
Recycling/Purchasing, award may be made to the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of
any of the above insurance types throughout the term of this Contract. Any increase or
decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to
adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If
Contractor does not deposit copies of acceptable certificates of insurance and endorsements
with County incorporating such changes within thirty days of receipt of such notice, this
Contract may be in breach without further notice to Contractor, and County shall be entitled
to all legal remedies. The procuring of such required policy or policies of insurance shall not
be construed to limit Contractor's liability hereunder nor to fulfill the indemnification
provisions and requirements of this Contract, nor act in any way to reduce the policy
coverage and limits available from the insurer.
37. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and
equipment used in performance of the work. Contractor shall not permit any lien or charge to
attach to the work or the premises, but if any does so attach, Contractor shall promptly
procure its release and, in accordance with the requirements of Article 36, indemnify, defend,
and hold County harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
38. Changes: Contractor shall make no changes in the work or perform any additional work
without the County's specific written approval.
39. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership
of Contractor's business prior to completion of this Contract, the new owners shall be
required under terms of sale or other transfer to assume Contractor's duties and obligations
contained in this Contract and complete them to the satisfaction of County.
40. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this
Contract caused by any act of God, war, civil disorder, employment strike or other cause
beyond its reasonable control, provided Contractor gives written notice of the cause of the
delay to County within 36 hours of the start of the delay and Contractor avails himself of any
available remedies.
41. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County-
related records and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this Contract. All
such records and information shall be considered confidential and kept confidential by
Contractor and Contractor's staff, agents and employees.
42. Compliance with Laws: Contractor represents and warrants that services to be provided
under this Contract shall fully comply, at Contractor's expense, with all standards, laws,
statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"),
including, but not limited to those issued by County in its governmental capacity and all other
laws applicable to the services at the time services are provided to and accepted by County.
Contractor acknowledges that County is relying on Contractor to ensure such compliance,
Page 10 of 31
County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
and pursuant to the requirements of Article 36 above, Contractor agrees that it shall defend,
indemnify and hold County and County Indemnitees harmless from all liability, damages,
costs and expenses arising from or related to a violation of such laws.
43. Freight (F.O.B. Destination): Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract.
44. Pricing: The rates, as more fully set forth in Attachment C, shall include full compensation
for providing all required services as specified herein, in the Scope of Work attached to this
Contract, and no additional compensation will be allowed therefore, unless otherwise
provided for in this Contract.
45. Waiver of Jury Trial: Each Party acknowledges that it is aware of and has had the
opportunity to seek advise of counsel of its choice with respect to its rights to trial by jury,
and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and
knowingly waive and release all such rights to trial by jury in any action, proceeding or
counterclaim brought by any Party hereto against the other (and/or against its officers,
directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any
matters whatsoever arising out of or in any way connected with this Contract and /or any
other claim of injury or damage.
46. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and
conditions included in this Contract.
47. Headings: The various headings and numbers herein, the grouping of provisions of this
Contract into separate clauses and paragraphs, and the organization hereof are for the purpose
of convenience only and shall not limit or otherwise affect the meaning hereof.
48. Severability: If any term, covenant, condition or provision of this Contract is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
49. Calendar Days: Any reference to the word "day" or "days" herein shall mean calendar day
or calendar days, respectively, unless otherwise expressly provided.
50. Attorneys Fees: In any action or proceeding to enforce or interpret any provision of this
Contract, or where any provision hereof is validly asserted as a defense, each Party shall bear
its own attorney's fees, costs and expenses.
51. Interpretation: This Contract has been negotiated at arm's length and between persons
sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each
Party has been represented by experienced and knowledgeable independent legal counsel of
their own choosing, or has knowingly declined to seek such counsel despite being encouraged
and given the opportunity to do so. Each Party further acknowledges that they have not been
influenced to any extent whatsoever in executing this Contract by any other Party hereto or
by any person representing them, or both. Accordingly, any rule of law (including California
Civil Code Section 1654) or legal decision that would require interpretation of any
ambiguities in this Contract against the Party that has drafted it is not applicable and is
waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect
the purpose of the Parties and this Contract.
52. Authority: The Parties to this Contract represent and warrant that this Contract has been
Page 11 of 31
County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
duly authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
53. Employee Eligibility Verification: The Contractor warrants that it fully complies with all
Federal and State statutes and regulations regarding the employment of aliens and others and
that all its employees performing work under this Contract meet the citizenship or alien status
requirement set forth in Federal statues and regulations. The Contractor shall obtain, from all
employees performing work hereunder, all verification and other documentation of
employment eligibility status required by Federal or State statutes and regulations including,
but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq.,
as they currently exist and as they may be hereafter amended. The Contractor shall retain all
such documentation for all covered employees for the period prescribed by the law. The
Contractor shall indemnify, defend with counsel approved in writing by County, and hold
harmless, the County, its agents, officers, and employees from employer sanctions and any
other liability which may be assessed against the Contractor or the County or both in
connection with any alleged violation of any Federal or State statutes or regulations
pertaining to the eligibility for employment of any persons performing work under this
Contract.
54. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange
County is declared a disaster area by the County, state or federal government, this Contract
may be subjected to unusual usage. The Contractor shall service the County during such an
emergency or declared disaster under the same terms and conditions that apply during non-
emergency/disaster conditions. The pricing quoted by the Contractor shall apply to serving
the County's needs regardless of the circumstances. If the Contractor is unable to supply the
goods/services under the terms of the Contract, then the Contractor shall provide proof of
such disruption and a copy of the invoice for the goods/services from the Contractor's
supplier(s). Additional profit margin as a result of supplying goods/services during an
emergency or a declared disaster shall not be permitted. In the event of an emergency or
declared disaster, emergency purchase order numbers will be assigned. All applicable
invoices from the Contractor shall show both the emergency purchase order number and the
Contract number.
Page 12 of 31
County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates shown below their
respective signatures below.
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CITY OF SANTA ANA
By
Print
PAUL WALTERS
Title Interim City Manager
Corporate Officer
Date 2- J1-1)
COUNTY OF ORANGE
a political subdivision of the State of California
By
Print
Name
Title
APPROVED AS TO FORM:
County Counsel -
By
Deputy
Clerk of the Council
APPROVED AS TO FORM
Laura Stitt Sheed
Assistant City Attorney
* If the contracting parry is a corporation, (2) two signatures are required: one (1) signature by the
Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any
Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person
alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two
categories described above. For County purposes, proof of such dual office holding will be satisfied by
having the individual sign the instrument twice, each time indicating his or her office that qualifies under
the above described provision. In the alternative, a single corporate signature is acceptable when
accompanied by a corporate resolution demonstrating the legal authority of the signator to bind the
corporation.
ATTEST
By
Print
Name Maria D. Huizar
Title
Corporate Officer
AUG 3 1 tWl
RECOMMENDED FOR APPROVAL
FRANCISCO GDTIERREZ
Executive Director - FMSA
Page 13 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
ATTACHMENT A
SCOPE OF WORK
LIGHT DUTY VEHICLE
MAINTENANCE & REPAIR SERVICE
1. BACKGROUND
The OC Waste & Recycling currently operates three (3) active landfill sites: Olinda Alpha Landfill, Brea, CA, Prima
Deshecha Landfill, San Juan Capistrano, CA, and the Frank R. Bowerman Landfill, Irvine, CA. Additionally, OC Waste
& Recycling administers twenty-two (22) former refuse stations located throughout the County. OC Waste & Recycling is
responsible for solid waste disposal for the County and manages the development, operation, closure and post-closure
maintenance of the entire waste management system. Inherent in this operation is the use of light duty vehicles which
must be fully maintained and operational at all time for each of the three active landfills and as well as those vehicles
assigned to OC Waste & Recycling Headquarters.
II. SCOPE OF WORK
Contractor(s) shall be located within an approximate 10-mile radius of any or each operational site indicated below
and shall provide full service vehicle maintenance and repairs for OC Waste & Recycling's light duty fleet vehicles.
OC Waste & Recycling - HEADQUARTERS
300 North Flower Street, Suite 400
Santa Ana, CA 92703
FRANK R. BOWERMAN LANDFILL
11002 Bee Canyon Access Road
Irvine, CA 92602
OLINDA ALPHA LANDFILL
1942 North Valencia Avenue
Brea, CA 92823
PRIMA DESHECHA LANDFILL
32250 La Pata Road
San Juan Capistrano, CA 92675
The Contractor(s) shall perform maintenance tasks as set forth in this Scope of Work in a cost-effective manner, while at
the same time, complying with manufacturers' specification and guidelines for performance.
A. Light Duty Vehicle Specifications
A representative listing of the OC Waste & Recycling light duty vehicle fleet is provided on Attachment A-1. This is a
representative list of vehicles and OC Waste & Recycling reserves the right to relocate, add, delete, or replace any light
duty vehicle specified on Attachment A-1 at any time.
B. Service and Maintenance Specifications
1. The general mechanical and maintenance services to be provided on an as-needed basis or in accordance with the
light duty vehicle maintenance schedule provided in Attachment A-2, include but are not limited to:
• Oil Change/Filter Replacement and Chassis Lubrication
• Tune - Up
Page 14 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
• Brake Inspection, Replacement and Modifications (including ABS systems)
• Wheel Bearing Repacking and Replacement
• Tire Rotation, Balancing, Repair and Replacement, including Wheel Alignment
• Air-conditioning Service
• Air and Fuel Filter Service and Replacement
• Cooling System and Radiator Service
• Belt and Hose Inspection and Replacement
• Transmission Service and Replacement (to include 4x2 and 4x4 vehicles transfer case for 4x4)
• Muffler/Exhaust System Repair and Replacement
• Differential Service
• Battery and Wiper Blade Replacement
• Smog Inspection and Certificate
• Body Work/Upholstery Repair and Replacement
• Broken Window Repair and Replacement, including Window and Related Hardware
• Safety Inspection
• Engine Replacement and Overhaul
• Vehicle Suspension Repair, Replacement or Modification, including Shock Absorber Replacement
• Under-chassis Modification
• Electrical System Trouble Shoot, Repair and Replacement
• Lighting Repairs and Replacement, including Headlights and Lenses
• Seat Belt Repair and Replacement
• Repair, Replacement, Maintenance, Installation and Modification to Auxiliary Equipment on some
Vehicles (to include but not limited to: bed cabinet/tool box; generator with built-in/separate gas tank;
water tank; lift gate; front-end vehicle winch; steel cabinets; hydraulic boom; hydraulic pump system;
diesel fueled steamer; steamer hose reel and gun; boom mounted cable winch and hose reel; water pump;
electrical converter; stainless steel purged/de-ionized water tanks; hydraulic transfer/discharge pump,
pump wire connectors and valves; hose extensions and connectors; equipment electrical system and
control board; boom/winch/hose reel controller and control box; etc.)
2. Towing Services: Contractor shall provide towing services at the cost provided in Attachment C, Contractor
Rates/Compensation.
C. Performance Requirements
In addition to the Service Requirements, Labor Requirements, Material/Fluid/Menu Costs, and all other terms and
conditions provided herein, Contractor shall satisfy the following performance requirements:
All work shall be performed in accordance with industry standard and code requirements. Attachment C,
Contractor Rates/Compensation, quotes shall be used as the basis for determining the labor, material,
fluid, and menu costs estimated for all services and maintenance functions performed.
Prior written justification from the Contractor shall be required by OC Waste & Recycling's Contract
Coordinator or designee (listed in Section III. below) for a total cost estimate provided by the Contractor.
OC Waste & Recycling staff will deliver vehicles to Contractor location unless towing is required or other
arrangements have been made with the Contractor. OC Waste & Recycling will subsequently pick up
vehicles upon completion of services.
2. Contractor shall provide an estimate of costs including labor and materials charges prior to the start of any
job. Contractor shall obtain written approval authorizing services by OC Waste & Recycling's Contract
Coordinator or designee. Failure to provide an estimate and to obtain written approval from OC Waste &
Recycling's Contract Coordinator or designee prior to commencing work, or exceeding the estimate
without written approval of the same may be grounds for denying payment.
Page 15 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
No work may exceed an estimate without a written revised estimate, and approval from OC Waste &
Recycling's Contract Coordinator or designee. Permission must be obtained in advance from the
Contract Coordinator or designee before commencing or continuing any work. A written revised estimate
shall be submitted. A faxed copy of an estimate/approval is acceptable.
All work shall be performed at the Contractor's business location unless pre-approved or requested
otherwise by the OC Waste & Recycling's Contract Coordinator or designee. Contractor shall provide a
secure, locked location for all County vehicles at all time while at Contractor's site. OC Waste &
Recycling requires the Contractor to maintain an on-going file for each OC Waste & Recycling vehicle
serviced and reserves the right to request copies of the service files at any time during the term of the
contract. In addition, OC Waste & Recycling reserves the right to inspect the Contractor's performance
of service at the Contractor's business location during regular Contractor business hours.
4. Contractor shall notify OC Waste & Recycling Contract Coordinator or designee in writing of subsequent
preventive maintenance due on any vehicle once equipment has initially been serviced by Contractor.
The notification mechanism for service shall be mutually agreed between County and Contractor.
All vehicles brought in before 8:00 AM for general service and maintenance shall be ready for pick up
before 5:00 PM the same day. For vehicles brought in after 8:00 AM, the normal turnaround time must
not exceed twenty-four (24) hours. For vehicles brought in on Saturdays, they shall be ready for pick up
no later than the following Monday at the same time. For all major repairs that require more than twenty-
four (24) hours, the Contractor shall notify OC Waste & Recycling's Contract Coordinator or designee
and agree on the completion time frame. The normal time frame for all major repairs shall not exceed
seven (7) working days.
6. OC Waste & Recycling reserves the right to inspect repaired vehicles to verify that the invoiced parts
have been replaced, and at any time prior to acceptance, may request that any parts that have been
replaced be returned to OC Waste & Recycling. It shall be the responsibility of the Contractor to properly
dispose of all tires and hazardous materials in accordance with applicable federal, state and local laws,
rules and regulations at no cost to the County.
7. Contractor shall provide Emergency Roadside Service to assist OC Waste & Recycling with repair
(including tires) and/or towing of vehicles at the flat rate quoted in Attachment C, Contractor
Rates/Compensation, when contacted for these services. The flat fee quoted for Emergency Roadside
Service is exclusive of towing charges and parts.
III. OC WASTE & RECYCLING CONTACTS - CONTRACT COORDINATORS AND DESIGNEES
The Contractor shall direct all inquiries regarding light duty vehicle service to the following primary and alternate
contacts at:
OC Waste & Recycling HEADQUARTERS
Primary Contract Coordinator (to be determined)
Secondary Contract Coordinators (to be determined)
FRANK R. BOWERMAN LANDFILL
Primary Contract Coordinator (to be determined)
Secondary Contract Coordinators (to be determined)
OLINDA ALPHA LANDFILL
Primary Contract Coordinator (to be determined)
Secondary Contract Coordinators (to be determined)
Page 16 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
PRIMA DESHECHA LANDFILL
Primary Contract Coordinator (to be determined)
Secondary Contract Coordinators (to be determined)
W.
V.
VI.
PRICING
Pricing shall be based on a written estimate provided for each service required. The Contractor(s) shall be
required to provide a lump sum quote on a service work request on an as-needed basis. This lump sum quote
shall be approved in writing by OC Waste & Recycling's Contract Coordinator or designee prior to commencing
work. Parts and labor shall be broken down on the final invoice. Menu charges (per Attachment C) shall be
based on the agreed total amount and not the actual number of hours spent on the repair or cost of materials, parts
and fluids. No overtime charges shall be allowed on this Contract.
WARRANTY
Not excluding the manufacturer's warranty, all labor, materials, and parts shall be warranted against defects in
materials and workmanship for a minimum of twelve (12) months or twelve-thousand (12,000) miles on all
general maintenance repairs and major mechanical repairs including, but not limited to: transmission, engine
repairs, drive train, and frame work.
OTHER
The Contractor(s) shall conduct a visual inspection of the outside condition of every vehicle in the presence of an
OC Waste & Recycling representative each time the unit is brought in for service, noting any discrepancies on the
work order in advance of providing maintenance and repair service. Contractor(s) shall be responsible for
damages to any OC Waste & Recycling's vehicle due to Contractor's negligence while performing repair and/or
maintenance services described in this Scope of Work.
Page 17 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
ATTACHMENT A-1
OC WASTE & RECYCLING
FLEET VEHICLES
A representative listing of OC Waste & Recycling light duty vehicle fleet includes but is not limited to the listing attached
(pages 1-2).
Site addresses:
OC Waste & Recycling/Headquarters
300 North Flower Street, Suite 400
Santa Ana, CA 92703
North Region - Olinda Alpha Landfill
1942 North Valencia Avenue
Brea, CA 92823
Central Region - Frank R. Bowerman Landfill
11002 Bee Canyon Access Road
Irvine, CA 92602
South Region - Prima Deshecha Landfill
32250 La Pata Road
San Juan Capistrano, CA 92675
Page 18 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
ATTACHMENT A-2
LIGHT DUTY VEHICLE
MAINTENANCE SCHEDULE
In accordance with County Ordinance No. 3845, all vehicles owned, leased, rented and operated by the County of Orange
shall be mechanically serviced on a regular basis to ensure the safety and health of its employees as well as the integrity of
County employee operated equipment.
The County has determined that all light duty vehicles shall be mechanically checked every 5,000 miles and/or every 180
days, whichever comes first, or in accordance with the manufacturer's specifications or based upon the use of equipment
in extreme working conditions (i.e., heavy use of vehicles at landfill sites).
The attached is a sample of a generic Automotive Service Checklist indicating the types of services that are currently
being performed on any vehicle scheduled for routine maintenance.
Attach a copy of the Worksheet or Work Order Form that your business shall be using to
conduct preventive maintenance analysis if you do not intend on using the County generic
Automotive Service Checklist.
Page 19 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
AUTOMOTIVE SERVICE CHECKLIST
OC Waste & Recycling Contact & Phone #: Vehicle Location: Date & Time Service Requestedr..
Equipment #: License #: Mileage: Type of Service: (if other than Routine Maintenance)
Routine Maintenance (Circle one):
5,000 miles 6 months Manufacturer Specs. Extreme Work Conditions Other (list):
Service Performed Mechanic's
Initials Upon
Completion
1. Change Engine Oil and Filter - weight of oil installed (circle one) 30 wt. 5W30 wt.
2. Grease all Zerk Fittings
3. Check Coolant Level (circle one) Green or Red
4. Check Transmission Oil Level
5. Check Differential Oil Level
6. Check All Lights
7a. #1- Blow Out Air Filter
7b. #2 - Change Air Filter
8. Check Battery Water Level and Clean Connections/Tray
9. Check Fan Belts, Hoses, Glass and Wiper Blades
10. Check Exhaust and Shocks
11. Brake Lining Inspection
12a. Brake Fluid Leaks --- Wheel Cylinder, Lines/Hoses, Calipers, Master Cylinder
12b. Brake Adjustment --- Shoes/Parking Brake
13. Check and Make Sure Wheels are Clocked/Check Tires
14. Check Safety Items/Seat Belts, Road Flares, Fire Extinguisher, First Aid Kits, Back-Up Alarm
15. Inspect for Future Problems (make notations in item #20, below)
16. Service Due (circle one) 30,000 60,000 Other (list):
17. To Shop - Date: Expected Return Date:
18. Sublet to Vendor- Date: Vendor Name: Expected Return Date:
19. Other (list):
Mechanic: Date & Time Retumed to County:
Page 20 of 31
OC Waste & Recycling
MA-299-12010448
City of Santa Ana
ATTACHMENT B
AVAILABILITY OF SERVICES
Shall provide:
At
Contractor's
Site At Contractor-
Owned Alternate
Location Through Use of
Sub-Contractor SERVICE
X
NOT ALLOWED-
X
NOT ALLOWED
Tune-
up
X
NOT ALLOWED
Brake
Inspectio
n, n Modifications (including systems)
X
T ALLOWED
X
x
5. Tire
n
n i n I n in Wheel Alignment
X
NOT ALLOAFFI)
6. Abr-co
nditionin
g Service
X
T ALLOWED
7. Air an
d Fuel Fi
lter Service and Replacement
X
x
8. Coolin
- System
n Radiator Service
X
NOT ALLOWED
Belt an
d Hose I
nspection n Replacement
10. Trans mission S ervice and Renlacement (to include 4x2 and 4x4 vehicles)
11. Muffle r[Exhaus t System Repair and Reolacement
X
NOT AL WED
12, Differe
ntial Ser
vice
X
T ALLOWED
13. Battery
and Wi
ner Blade Renlacement
X
T ALLOWED
14, Smog I
nspectio
n and Certificate (Indicate ifeertified to perform .*
x 15, Body W ork/lip holstery Repair and Replacement
x 16. Broken Window Repair and Replacement. including Window n Related Hardware
X
X Engine 18. Replace ment and Overhaul
X
T ALLOWED
19, Vehicle
Suspens
ion Repair, Renlacement or Mod0fication
including Shock Absorber
.
X
NOT ALLOWED
21. Electric
al
r Shoot, Repair and Replacement
X
NOT ALLOWED
22, Lightin
g R ai
n Replacement. including Headlights n Lenses
X NOT A
x 24. Rena *r/ Repla ce/ Maintain/insta II/Modi fy Aux*]*ary Eouipment listed in Attachment A
1
25, Other (
please i -
.
- use additional sheets if necessary):
X
X
x
-Emergency
Roads4d
e Service
Towing (PER RE OUIREMENTS LISTED IN ATTACHMENT A. SECTION 11.13.2.)
Page 21 of 31
County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
ATTACHMENT C
CONTRACTOR RATES/COMPENSATION
SERVICE CHARGES
Bidder shall quote an hourly and/or per call rate representing a single, all-inclusive, fixed price to include
direct and indirect labor charges, all necessary equipment, tools, overhead, travel, other expenses and all
profit.
Labor Charges -
$65.00 per hour
2. Towing Charges -
Basic Tow Truck:
$45.00 per call, PLUS $2.50 per mile outside of City of Santa Ana limits.
Flatbed Truck:
$45.00 per call, PLUS $2.50 per mile outside of City of Santa Ana limits.
Emergency Roadside Service (exclusive of Towing Charges and Parts) -
Flat fee of $75.00 during regular business hours, M-F, 6:30-5PM
Flat fee of $125.00 for Off Hours Emergency Roadside Service
MATERIAL COSTS
All new, used, rebuilt, alternate and remanufactured parts purchased for repair of equipment, including
new tires, shall be charged at Contractor' s standard rates or list price of parts less the percentage quoted
below:
Contractor Standard Rates or NAPA List Price LESS 42 % Discount for items with unit
price over $100.00.
All parts, supplies, materials, etc. purchased by Contractor shall be F.O.B. Destination No additional cost
or mark-up will be applied to the sales tax amount. Contractor shall provide with every invoice,
verification records of the Contractor Standard Rate or List Price for any part costing $100.00 or more.
All replacement parts shall be new, except when rebuilt or remanufactured parts are most cost effective
and pre-authorized by the County.
EQUIPMENT MAINTENANCE FLUIDS
Fluids used in the maintenance of equipment shall be charged in accordance with the following price
quotes and quantities:
Fluid Tyne Quantity/Price
Oil Quart/ $ 1.71
Transmission Quart/ $ 1.81
Brake Pint/ $ 3.09
Page 22 of 31
County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
Power Steering Quart/$ 4.19
Antifreeze Gallon/ $ 9.00
Fluids not identified above that are purchased for repair/service of vehicles shall be charged at
Contractor's current retail cost of the fluid.
MENU CHARGES
The items identified in this menu are to be billed as an all-inclusive price, not itemizing fluids or any
other components. Quotes listed below include all labor, materials and fluids unless otherwise noted:
Service
Oil/Filter Change
Define Pricing Parameters (i.e. quarts, vehicle, etc.)
(Indicate the appropriate parameters for pricing of oil/filter change)
Oil filter & up to 5 quarts of oil
Any additional oil over 5 quarts
Smog Check (If applicable)
Tire Repair (patches)
Tire Plug option
Wheel Alignment
Front -
Rear -
Wheel Mount/Balance/Rotate
PRICING AND PAYMENT
Flat Rate Price Ouote
$ 42.50
Oil/Filter Change
included in $42.50 flat rate
$ 1.71 per quart
$ 30.00
$ 15.00 per tire
$ 8.00 per tire
outsourced/invoice price
outsourced/invoice price
$ 15.00 per tire includes valve
stem, and weighs if applicable
LABOR REQUIREMENTS: Labor hours shall be charged on the basis of actual time spent on each
job, not on a portal-to-portal basis, and shall be computed to the nearest one-tenth (1/10) hour. No
minimum rate charge shall be assessed, and no overtime charges will be allowed or invoiced for this
Contract. The hourly and/or per call rate(s) quoted in Attachment C, Contractor Rates/Compensation,
shall represent a single, all-inclusive, fixed price for any service provided, including direct and indirect
labor charges, truck, all necessary equipment, tools, overhead, travel, other expenses, and all profit
applicable to services identified by Contractor.
The OC Waste & Recycling Division maintaining control of assigned equipment shall notify the OC
Waste & Recycling/Purchasing Manager, in writing, of any unsatisfactory service.
A written estimate shall be provided for each service required and shall include full compensation for
providing all labor, material, equipment and incidentals required for the light duty vehicle maintenance
and repair services as provided in these specifications and no additional compensation will be allowed
therefore. The pre-approved estimate shall accompany the final invoice for services provided. This
Page 23 of 31
County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
COMPENSATION
The Contractor shall perform the tasks as set forth in Attachment A, Scope of Work, in a cost effective
manner. Compensation shall be in accordance with the approved Contractor Rates/Compensation. Total
contract amount not to exceed $168,200.00 for the period November 1, 2011 through October 31, 2012.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full remuneration
for performing all services and furnishing all staffing, labor, insurance, vehicles, equipment, tools,
materials, overhead, travel, etc. required, for any reasonably unforeseen difficulties which may arise or be
encountered in the execution of the services until acceptance, for risks connected with the services, and for
performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be
compensated as set forth herein for work performed in accordance with the Scope of Work. The County
shall not pay any sum in excess of the Total Contract Amount or Fixed Prices specified, unless
authorized by amendment in accordance with Articles 23 and 38 of the Contract Terms and
Conditions.
Total Contract Amount Shall Not Exceed: S 168,200.00 per year
Price Increases/Decreases: No price increases shall be permitted during the Contract. All price decreases
shall automatically be extended to the County. The County requires bona fide proof of cost increases on
Contracts prior to any price adjustment. A minimum of 120 days advance notice in writing is required to
secure such adjustment. No retroactive price adjustments shall be considered. The County may enforce,
adjust, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it
sees fit. The net dollar amount of profit shall remain firm during the period of the Contract. Adjustments
increasing the Contractor's profit shall not be allowed.
Contractor's Expense: The Contractor shall be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on County sites during the performance
of work and services under this Contract.
Contractor shall submit separate invoices for work completed for each of the OC Waste & Recycling sites.
All costs on each invoice shall be itemized, clearly stating the breakdown of charges.
INVOICING
The responsibility for providing an acceptable invoice rests with the Contractor. This invoice must first be
verified and approved by the site Contract Coordinator and is subject to routine processing requirements of
the County. The Contractor's invoice shall be paid after said verification and approval. It is customary for
payments to be made from 45 to 60 days after receipt of valid invoice. Invoices are to be submitted in
arrears for services provided and the si ied pre-approved estimate shall accompany the final invoice for
services provided. Billing shall cover services not previously invoiced.
Payments made by the County of Orange shall not preclude the right of the County from thereafter
disputing any items or services involved or billed under this Contract, and shall not be construed as
acceptance of any part of the services.
In the event of a lost or misdirected invoice, the Contractor shall re-issue at no additional charge and
Contract Coordinator will certify it as an original. Invoices are to be submitted monthly in arrears for
services provided. No billing shall cover services previously invoiced.
An original and a copy of all invoices and required documentation (including a copy of the estimate,
signed and approved by an OC Waste & Recycling Contract Coordinator authorizing service) shall be
submitted for approval and payment to the County of Orange/OC Waste & Recycling, Accounts Payable,
300 N. Flower St., Ste. 400, Santa Ana, CA 92703, detailing the following on standard invoice forms:
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
a. Invoice Number
b. Invoice Date
C. Description of Work Requested
d. Completion Date/Delivery Date
e. Itemized Charges (including breakdown of labor charges and standard rates
or list price for parts, less applicable discount on parts, and final cost to
County for parts)
f. Total Amount of the Billing
g. Master Agreement Number (MA#) MA-299-12010448
h. Vehicle Description: Make, Year, and Model
L County Unit Number and Mileage
j. Vehicle License Plate Number
k. Invoice shall name the "County of Orange/OC Waste & Recycling" as the
entity being billed for services
1. Include estimate, signed and approved by an OC Waste & Recycling
Contract Coordinator originally authorizing service
Contractor shall submit separate invoices for work completed. Contractor shall not combine orders when
invoicing the County. Each invoice shall only reference one and only one vehicle. Invoices that reference
multiple County order numbers shall be rejected and returned to Contractor. Invoicing and payment
related questions shall be directed to Auditor-Controller/Accounts Payable at the address shown above.
Subcontractor Costs:
When pre-approved by the Contract Coordinator, the use of Subcontractors or specialized services shall
be reimbursed at the subcontractor's actual cost. The subcontractor's labor and equipment costs shall not
incur any additional mark-up and the subcontractor must be listed on Attachment D, Subcontractor
Information.
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County of Orange, OC Waste & Recycling MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
ATTACHMENT D
SUBCONTRACTOR SERVICES
This is for County Information ONLY. The awarded Contractor shall be responsible for the completion
of all services and the pricing for Subcontractor services shall be per the quotes provided in Contractor's
Price Sheet, with no additional mark-up for subcontractor services.
Corresponding #
Of Service from
Attachment B Subcontractor Information
5.
Name of Company: Mr. D's Automotive, Inc.
Address: 3802 W. Westminster Ave.
Santa Ana, CA 92703
Contact Person: Michael Doan
Phone Number: (714) 554-6711
Corresponding #
Of Service from
Attachment B Subcontractor Information
8.
Name of Company: A-1 Radiator Service
Address: 721 S. Main St.
Santa Ana, CA 92701
Contact Person: Anthony Vasquez
Phone Number: (714) 543-9206
Corresponding #
Of Service from
Attachment B Subcontractor Information
10.
Name of Company: Leons Transmission Service, Inc.
Address: 12612 Garden Grove Blvd.
Garden Grove, CA 92843
Contact Person: Duane Blay
Phone Number: (714) 534-3300
Corresponding #
Of Service from
Attachment B Subcontractor Information
11
Name of Company: A-1 Muffler & Brake
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County of Orange, OC Waste & Recycling MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
Address: 721 S. Main St.
Santa Ana, CA 92701
Contact Person: Manuel Vasquez
Phone Number: (714) 836-7201
Corresponding #
Of Service from
Attachment B Subcontractor Information
15
Name of Company: Kelly's Body Shop, Inc.
Address: 2041 S. Main Street
Santa Ana, CA 92707
Contact Person: Beniamin Mendoza
Phone Number: (714) 540-5066
Corresponding #
Of Service from
Attachment B Subcontractor Information
15.
Name of Company: Barnes Upholstery, Inc.
Address: 1433 W. North Central Park Ave
Anaheim, CA 92802
Contact Person: Luis Alvarado
Phone Number: (714) 772-2040
Corresponding #
Of Service from
Attachment B Subcontractor Information
16.
Name of Company: Bat Jac Glass, LLC
Address: 3605 W. First Street
Santa Ana, CA 92703
Contact Person: Matt Burue
Phone Number: (714) 554-6101
Corresponding #
Of Service from
Attachment B Subcontractor Information
18.
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County of Orange, OC Waste & Recycling MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services. for OC Waste & Recycling City of Santa Ana
Name of Company: KBS Diesel & Fleet Services
Address: 1830 S. Santa Fe Street, #8
Santa Ana, CA 92705
Contact Person: Bob Cook
Phone Number: (714) 540-4963
Corresponding #
Of Service from
Attachment B Subcontractor Information
20.
Name of Company: Mr. D's Automotive, Inc.
Address: 3802 W. Westminster Ave.
Santa Ana, CA 92703
Contact Person: Michael Doan
Phone Number: (714) 554-6711
Corresponding #
Of Service from
Attachment B Subcontractor Information
24.
Name of Company: Kelly's Body Shop, Inc.
Address: 2041 S. Main Street
Santa Ana, CA 92707
Contact Person: Beniamin Mendoza
Phone Number: (714) 540-5066
Emergency Roadside Service/Towing
Name of Company: Ben Warner's Garage, Inc.
Address: 818 E. Walnut Street
Santa Ana, CA 92701
Contact Person:
Phone Number:
Name of Company:
Address:
Contact Person:
Phone Number:
Ray Hassan
(714) 542-7241
Metropro Towing, Inc.
2550 S. Garnsey Street
Santa Ana, CA 92707
Jody Campbell
(714) 556-7600
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
ATTACHMENT E
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT
CERTIFICATION REQUIREMENTS
A. In the case of an individual Contractor, his/her name, date of birth, Social Security
number, and residence address:
Name:
D.O.B:
Social Security No:
Residence Address:
B." In the case of a Contractor doing business in a form other than as an individual, the name,
date of birth, Social Security number, and residence address of each individual who owns
an interest of 10 percent or more in the contracting entity:
Name:
D.O.B:
Social Security No:
Residence Address:
Name:
D.O.B:
Social Security No:
Residence Address:
Name:
D.O.B:
Social Security No:
Residence Address:
(Additional sheets may be used if necessary)
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
"I certify that (C-P-Y -) is in full compliance with all applicable federal and state reporting
requirements regarding its employees and with all lawfully served Wage and Earnings Assignment
Orders and Notices of Assignments and will continue to be in compliance throughout the term of the
Contract with the County of Orange. I understand that failure to comply shall constitute a material
breach of the contract and that failure to cure such breach within 60 calendar days of notice from the
County shall constitute grounds for termination of the contract. "
Authorized Signature Name Title Date
Authorized Signature Name Title Date
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County of Orange MA-299-12010448
Light Duty Vehicle Maintenance & Repair Services for OC Waste & Recycling City of Santa Ana
ATTACHMENT E (CONTINUED)
EDD INDEPENDENT CONTRACTOR REPORTING REQUIREMENTS
Effective January 1, 2001, the County of Orange is required to file federal Form 1099-Misc for services
received from a "service provider" to whom the County pays $600 or more or with whom the County
enters into a contract for $600 or more within a single calendar year. The purpose of this reporting
requirement is to increase child support collection by helping to locate parents who are delinquent in their
child support obligations.
The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8,
subparagraph B.2 as "an individual who is not an employee of the service recipient for California
purposes and who received compensation or executes a contract for services performed for that service
recipient within or without the state." The term is further defined by the California Employment
Development Department to refer specifically to independent contractors. An independent contractor is
defined as "an individual who is not an employee of the government entity for California purposes
and who receives compensation or executes a contract for services performed for that government
entity either in or outside of California."
The reporting requirement does not apply to corporations, general partnerships, limited liability
partnerships, and limited liability companies.
Additional information on this reporting requirement can be found at the California Employment
Development Department web site located at www.edd.ca.gov/txicr.htm.
To comply with the reporting requirements, County procedures for contracting with independent
contractors mandate that the following information be completed and forwarded to the contracting
agency/department immediately upon request:
First name, middle initial and last name
Social Security Number
Address
Start and expiration dates of contract
Amount of contract
EDD Reporting Form
First Name Middle Initial Last Name
Social Security Number:
Contract Number:
Start Date: Expiration Date:
Dollar Value of Contract:
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