HomeMy WebLinkAbout- - RFP Fleet Maintenance - 11/1/2011SUBJECT:
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 1, 2011 ITEM NUMBER:
� CC -7
FLEET MAINTENANCE SERVICES REQUEST FOR PROPOSAL
DATE: OCTOBER 26, 2011
FROM: OFFICE OF THE CEO
PRESENTATION BY: THOMAS R. HATCH, CEO
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH @ (714) 754-5328
RECOMMENDATION:
Staff recommends that the City Council authorize staff to release the Request for Proposal
(RFP) for Fleet Maintenance Services (Attachment 3) based upon the analysis provided by both
the Fleet Maintenance Services Contracting Committee and the CEO's Department.
BACKGROUND/ANALYSIS:
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee was formed
and comprised of three segments: Project Responsibility, Department Representative and
Employee Representative. The committee was tasked with the following:
- Hearing a presentation from department representatives and asking questions about the
specific proposal under consideration;
- Working together to outline how to evaluate a comparable City effort to provide the same
or similar service;
Having the project facilitator draft an analysis addressing the available alternatives for
service delivery as outlined by the committee; and,
Determining if outside comparative data would be useful.
On September 27, 2011 the Fleet Maintenance Services Contracting Committee met to discuss
the duties and responsibilities of the Fleet Maintenance Services program and determine "the
available alternatives for service delivery." After hearing a presentation by department staff and
asking questions, the Contracting Committee determined the following alternatives for the Fleet
Maintenance Services program:
1. Retain existing service level at existing cost.
2. Retain existing service level at lower cost by reorganization.
3. Contract with a private provider.
4. Contract with another public entity.
On October 3, 2011 and October 12, 2011, the Contracting Committee met to discuss, clarify
and finalize the alternatives/options and the draft RFP. The following is an explanation of the
attachments.
Attachment 1, a memo from the Contracting Committee to the City CEO, Tom Hatch, provides
identification and analysis of each alternative and survey information provided by other
agencies.
Attachment 2, a memo from the Interim Public Services Director, Ernesto Munoz, to the City
CEO, Tom Hatch, provides a written evaluation (including pros and cons) of each option
addressed by the Contracting Committee.
Attachment 3, the draft RFP for Fleet Maintenance Services, prepared by the Public Services
Department and reviewed and finalized by the Contracting Committee.
Based on the attached information it appears that the most viable alternatives are to retain the
existing service level but at a lower cost through reorganization or contracting with either a
public entity or private company for services. It is difficult to determine which of these
alternatives would provide the highest level of service at the lowest cost without issuing .an RFP
so that appropriate cost analysis and comparisons in level of service can be made.
A few items should be noted with regard to the draft RFP. While we have identified in the draft
RFP the current level of expected service, we have done so on the assumption that the Council
wishes to retain the existing level of service, whoever provides it. However, the draft also
includes a specific request to proposers to identify "innovative and/or creative approaches for
providing the service that will maximize efficient, cost-effective operations or increase
performance capabilities." This would allow the Council to evaluate either a different level of
service, method of delivery, or other alternative that could maintain or enhance service levels at
a lower overall cost. The RFP also requests proposers to offer information about hiring existing
City employees and possible acquisition of City equipment currently used to perform the
service.
Also note, that employees or groups of employees, who wish to submit a proposal in response
to the RFP, will be permitted to do so. Staff recommends that employees who wish to submit
bids or responses to RFPs as contract providers should be advised to do so in compliance with
the RFP requirements and at the same time as other bidders.
As directed under Council Policy 100-6, the above is an analysis addressing the available
alternatives for service delivery as outlined by the Fleet Maintenance Services Contracting
Committee.
ALTERNATIVES CONSIDERED:
The City Council may decide not to release the RFP and direct the CEO to evaluate other
alternatives identified by the Fleet Maintenance Services Contracting Committee.
FISCAL REVIEW:
The fiscal impact for outsourcing the identified City service is unknown at this time. If the City
Council directs staff to release the RFP a complete analysis of the proposals and the costs for
each will be provided to the City Council at that time.
CONCLUSION:
Staff recommends releasing the RFP for Fleet Maintenance Services based upon the analysis
provided by both the Fleet Maintenance Services Contracting Committee and the Public
Services Department.
2
7no "e,
homas R. Hatch
Chief Executive Officer
J1y
Tamara S. Letourneau
Interim Assistant Chief Executive Officer
Attachments: Attachment 1 Contract Committee Analysis Memo
Attachment 2 Departmental Analysis
Attachment 3 Draft Request for Proposal
3
Attachment 1
CITY OF COSTA MESA
DEPARTMENT OF ADMINSTRATIVE SERVICES
INTEROFFICE MEMORANDUM
TO: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FROM: TAMARA S. LETOURNEAU, INTERIM ASSISTANT CEO
DATE: OCTOBER 12, 2011
SUBJECT: FLEET MAINTENANCE CONTRACTING COMMITTEE
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee should be formed
and comprised of three segments: Project Responsibility, Department Representative and Employee
Representative. The committee is tasked with the following:
• Hearing a presentation from department representatives and asking questions about the specific
proposal under consideration;
• Working together to outline how to evaluate a comparable City effort to provide the same or
similar service;
• Having the project facilitator draft analysis addressing the available alternatives for service
delivery as outlined by the committee; and,
• Determining if outside comparative data would be useful.
On September 27, 2011 the Fleet Maintenance Contracting Committee met to discuss the duties and
responsibilities on the fleet maintenance program and determine "the available alternatives for service
delivery".
On October 3, 2011 the Committee met to further discuss and clarify the draft RFP and
alternatives/options. On October 12, 2011 the Committee met to further discuss and clarify the draft
RFP and alternatives/options.
The following alternatives for contracting fleet maintenance are described below.
1. Retain existing service level at existing cost.
Fleet Maintenance maintains, repairs and rehabilitates 319 City vehicles and pieces of equipment
required by various City departments. In addition, the fleet maintenance staff also provides fleet
services for the Costa Mesa Sanitary District. There are currently seven (7) full-time equivalent
employees (FTEs) who provide these services. The FY 2011-12 budget includes operating costs
of approximately $1.9 million.
Attachment 1
2. Retain existing service level at lower cost by reorganization.
The current level of staffing described above is a reduction of 1.5 FTEs as compared to the
staffing levels several years ago. Even with this reduction the staff was able to retain the existing
service levels; however, further reductions would negatively impact service levels. Thus, the
Committee believes that this is not a viable option at this time.
3. Contract with a private provider.
The City could contract with a private provider for the same level of service as is currently
provided. The Committee recognizes that there are other local government agencies across the
country which contract for fleet maintenance services. If this option is chosen the Committee
recommends that consideration be given to retaining an in-house staff that would be responsible
for contract management. The cost to contract out this entire service area is unknown at this
time. However, given these issues the Committee believes that contracting out fleet maintenance
is an option that could be considered.
4. Contract with another public entity.
Another option is for the City to explore working with another public agency to provide fleet
maintenance services. The efficiencies in this option will be predicated on the proximity of the
other public agency to Costa Mesa. The cost savings that could be achieved with this option is
unknown at this time, but the Committee believes that this is an option that could be explored.
As directed under Council Policy 100-6, the above is an analysis addressing the available alternatives for
service delivery as outlined by the Fleet Maintenance Contracting Committee. The Committee has also
drafted a Request for Proposal (RFP) should you desire to present this to the City Council.
The Fleet Maintenance Contract Committee is available should you have any questions or request more
information.
`yy
Tamara S. Letourneau
Interim Assistant Chief Executive Officer
Attachment 2
CITY OF COSTA MESA
Department of Public Services
INTER OFFICE MEMORANDUM
TO: Tom Hatch, Chief Executive Officer
FROM:, Ernesto Munoz, Interim' Director, Public Services Department
DATE: October 24, 2011
SUBJECT: Analysis of Alternatives Proposed by the Fleet Maintenance
Services Contracting Committee
The Public Services Department has reviewed the alternatives for contracting Fleet
Maintenance Services as outlined In the October 12, 2011. memorandum from the
Contracting Committee, The following analysis is provided on each of the four
alternatives as requested.
Alternative 1: Retain existing service level at existing cast,
Pros: A rapid response is provided for unexpected repairs, breakdowns, or other
vehicle -related issues. Flexibility Is provided to shift priorities to affect
immediate repairs, and this alternative has the availability of specialized
training, skills, and certifications that correspond to the wide variety of
unique vehicles found in a municipal fleet. This alternative also provides
for the ability to design and fabricate a wide range of metal items utilizing
a.full-service metal shop allowing for unique repairs to equipment failures,
Fleet Maintenance Services customizes City equipment to function better
or last longer and makes immediate short-term repairs to keep equipment
operational until long-term repairs can be made.
Cons: Current staffing levels must be maintained to continue to provide existing
levels of service. The current City service may be more costly than what
can be provided by a private contractor. A private contractor may have
innovative methods, advanced technologies, or other cost-saving
strategies that could Improve service delivery over the existing program.
Those savings may not be realized if the existing program is continued as
an inhouse operation.
Alternative 2: Retain existing service level at lower cost by reorganization.
Pros: The current level of service is provided with the existing staffing levels. At
this time, the . Fleet Maintenance program Is operating with the Fleet
Supervisor position vacant due to retirement. This position could be
permanently eliminated to yield cost savings while maintaining the current
level of service by redistributing responsibilities, There are similar other
benefits as in Alternative No.1,
Attachment 2
Cons: Retaining current organizational structure may be more costly than
utilizing a private contractor. There are similar other negative impacts as in
Alternative No. I.
Alternative 3: Contract with a private provider.
Pros: The cost of Fleet Maintenance Services may be reduced if procured by an
outside contractor. A private contractor may provide Innovative methods,
advanced technologies, or.other cost-saving strategies that could improve
service delivery over the existing program. Those cost savings may not be
realized If the existing program continues to be provided In-house.
Cons: There may be a loss of flexibility to address immediate repairs. This may
cause a delayed diagnosis for a time due to loss of historical knowledge of
the equipment and the Intended specific uses. This could increase
downtime, but would diminish over time. A private contractor may or may
not have the ability to design and fabricate a wide range of metal items or
have a full-service metal shop available.
Alternative 4: Contract with another public entity.
Pros: Same as with a private contractor.
Cons: Same as with a private contractor.
c Bobby Young, Finance & I.T. Director
Tamara S. Letourneau, Interim Assistant CBO
Peter Naghavi, Interim Assistant CEO
K
Attachment 2
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Attachment 2
Attachment 3
REQUEST FOR PROPOSAL
FOR
FLEET MANAGEMENT
PUBLIC SERVICES DEPARTMENT
CITY OF COSTA MESA
Released on
Attachment 3
FLEET MANAGEMENT
REQUEST FOR PROPOSAL (RFP)
Dear Proposers:
2
The City of Costa Mesa is requesting proposals from qualified proposers with extensive
experience in providing a comprehensive fleet and fueling management program; including the
maintenance and repair of City vehicles, emission testing, DOTBIT inspections; maintenance,
operation and program management of fueling infrastructure and hazardous material disposal.
The successful Proposer should also identify opportunities to improve current processes and to
further reduce operational costs
1. BACKGROUND
On March 1, 2011, the City Council agreed to move forward with a comprehensive review and
analysis of outsourcing 18 City services, one of which is fleet maintenance services, as outlined
in the Outsourcing of City Services Council Agenda Report, dated February 24, 2011.
The City of Costa Mesa is a general law city, which operates under the council/manager form of
government with a General Fund budget of over $94 million and a total of over $107 million of
fiscal year 2010-2011.
The City of Costa Mesa, incorporated in 1953, has an estimated population of 116,479 and has a
land area of 16.8 square miles. It is located in the southern coastal area of Orange County,
California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach,
Fountain Valley and Irvine.
The City is a "full service city" and provides a wide range of services. These services include:
police and fire protection; animal control; emergency medical aid; building safety regulation and
inspection; street lighting; land use planning and zoning; housing and community development;
maintenance and improvement of streets and related structures; traffic safety maintenance and
improvement; and full range of recreational and cultural programs.
The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County
Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which
is the single largest commercial activity center in the City. The volume of sales generated by
South Coast Plaza, secures its place as the highest volume regional shopping center in the nation.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP
Deadline for Written Questions
Attachment 3
3
Responses to Questions Posted on Web
Proposals are Due
Interview (if held)
� E
t
Approval of Contract
All dates are subject to change at the discretion of the City.
3. SCOPE OF WORK
GENERAL DESCRIPTION OF SERVICES TO BE PROVIDED
The successful Proposer shall demonstrate the capacity to furnish general repair services,
preventative maintenance services and emergency repair services for the City's various
classifications, types, and makes/models of vehicles. The number, make/model and composition
of the City's fleet is subject to change throughout the term of this contract. Proposer is to provide
all equipment, labor, materials and services as may be necessary for completing the work identified
in the Scope of Work. The Proposer must also demonstrate ability and willingness to provide a
fueling management program. Proposers may propose to perform some or all of the services
identified in this Request for Proposal. The City will consider partial proposals and may award
contracts for some or all of the services identified and may award more than one contract. If
your Proposal is for only some of the services identified, please clearly identify which services
you propose to provide.
OBJECTIVE OF SERVICES TO BE PROVIDED
The goal of this Request for Proposal is to identify the most qualified and cost effective Proposer
to reduce the City's overall fleet maintenance costs, while improving fleet availability,
reliability, life cycle of the equipment utilizing and maintaining the Fleet Focus vehicle
maintenance program and meeting all Federal, State and local laws, regulations and rules,
including mandatory reporting. The City of Costa Mesa maintains a large and diverse fleet of
305 light, medium and heavy duty vehicles, rolling stock and associated equipment that include,
but are not limited to those used for public safety, parks, facilities maintenance, grounds
maintenance, street sweeping, storm drain and street maintenance. A current listing of City
vehicles, fueling infrastructure and equipment is attached hereto as Attachment A.
MINIMUM QUALIFICATIONS
Proposers must demonstrate that they have the resources, capacity and capability to provide the
materials and services described herein. All proposers shall submit documentation with their
proposal indicati g compliance with the minimum qualifications Failure to include any of the
required documentation may be cause for proposal to be deemed non-responsive and refected.
Attachment 3
4
■ Proposers must demonstrate they have been in business providing similar service
for at least the last five (5) years.
■ Proposers shall provide, at a minimum, references and descriptions of three (3)
contracts that are similar in nature and have been in effect for at least two (2)
years. These references shall indicate the firm (and all contact information) and a
thorough description of the services performed.
■ Proposers must be bonded and must provide proof of bonding.
■ Proposers will provide ASE master (or equal) proficiency trained working staff to
service all equipment.
■ Proposers will provide working staff that have Commercial Licenses (CDL) to
test drive DOT regulated equipment after repair.
■ Proposer will manage the CDL random drug test program for their staff as
required by California Highway Patrol and Department of Transportation and
advise the City Representative of non-compliance.
■ Proposer shall provide a minimum of one Supervisor certified in Automotive and
or Truck maintenance and repair to verify quality assurance, and act as a liaison to
the City Representative.
■ Proposer shall provide a minimum of one full time staff member certified as
required per NFPA 1071 Emergency Vehicle Technician Professional, and
California State Certified Fire / Master Mechanic level III with Pump certificate.
■ Proposer shall provide a minimum of one Certified Honda Motorcycle Mechanic
■ Proposer shall provide a minimum of one Certified BMW Motorcycle Mechanic
■ Proposer shall provide a minimum of one Certified Kawasaki Motorcycle
Mechanic if and when the City purchases Police rated Kawasaki's.
LICENSE REQUIREMENT: Prior to the award of the contract the Contractor must be
licensed in the State of California with a valid Bureau of Automotive Repair license or other
appropriate and legal designation
SCOPE OF WORK STANDARDS AND SPECIFICATIONS: FOR EQUIPMENT
MAINTENANCE, FUEL INFRASTRUCTURE MAINTENANCE AND HAZARDOUS
MATERIAL DISPOSAL
VEHICLE MAINTENANCE
This Scope of Work is a general guide, and is not intended to be an all-inclusive list of all the work
necessary for completing the project scope. It shall be the Proposer's responsibility to develop and
implement a preventative maintenance (PM) program to effectively maintain all vehicles and
equipment listed in Attachment A, to the satisfaction of the City's Representative.
For the purpose of this proposal, preventative maintenance shall be defined as scheduled routine
inspection, servicing, repair and replacement of equipment components on a regular basis so as to
facilitate operations with a minimum of downtime. The PM program shall be in accordance with
industry recognized best fleet management practices, and shall comply with the original
equipment manufacturer (OEM) specifications, warranties and recommendations. The successful
Proposer's PM program shall, at a minimum, include the specifications outlined herein, however,
Attachment 3
are subject to change upon approval by the City's Representative.
The Proposer may include in the proposal, utilization of the current City Fleet Services building to
perform the services outlined in this RFP. Proposer should be specific in how the facility would
be utilized and how the City would be compensated for that beneficial use.
Should the Proposer not wish to utilize the City facility to provide the services as outlined in this
RFP, then the proposal shall include porter services from City Hall and/or the Corporation yard to
the Proposer's repair facility to insure that City personnel do not have to transport the vehicles to
be repaired or maintained.
The towing of City vehicles which experience failures preventing them from being driven to the
Proposer's repair facility shall be included in the proposal, with a limitation that vehicles to be
towed must be within the City limits.
FUEL INFRASTRUCTURE and PRODUCT PROCUREMENT
The Proposer should be an experienced and all encompassing fuel service provider. In
addition to the supply and delivery of gasoline, diesel fuel, jet fuel and lubricants, the
Proposer must have the capability to provide City with fuel management services. Fuel
management services include the development of a fuel pricing strategy, fuel usage reports,
compliance scheduling and testing, online and manual tank monitoring services, records
management and a fuel delivery system that is both economical and meets City's unique
operational requirements. It will be the responsibility of the Proposer to either operate the
City's current fuel management system, with full coordination with Fleet Management or to
provide the City with an equal system. The cost to. provide, maintain and/or upgrade any fuel
management system is the sole responsibility of the Proposer.
SPECIFICATIONS ARE AS FOLLOWS:
Preventative Equipment Maintenance Schedules
Preventative Maintenance — A Level Service (PM -A)
Perform all items listed every 3000 miles or four months,
light trucks (I ton and below) vans, utility vehicles, etc..
will be considered if approved by the City's Representative.
serviced and/or repaired at every PM
whichever occurs first, on all cars,
Exceptions from the PM work listed
1. Safety Checklist: The listed item must be inspected,
interval.
a. Headlights
(1) High Beam
(2) Low Beam
b. Beam Indicator Lamp
Attachment 3
0
c. Parking Lights
d. License Plate Light
e. Tail/Stop Lights
£ Clearance Lights
g. Turn Signals
h. Hazard/ 4/way Lights
i. Emergency/Parking Brake
j. Steering and suspension components
k. Windshield wipers and washers
1. Horn and/or audible warning devices
(1) Siren — emergency vehicles
(2) Back up alarms
in. All interior and exterior mirrors
n. Exhaust pipes and all hangers/clamps
2. Inspect, service and repair all interior lights.
3. Inspect, service, and refill fluid levels; coolant, windshield washers solvent, transmission,
differentials, power steering and brake fluids, etc.
4. Inspect, service, and repair charging system, battery terminals, cables and box.
5. Inspect, service, and repair heating/air conditioning system.
6. Inspect, service, and repair frame, cross members and body joints.
7. Inspect, service, and repair the engine starting components and circuits.
8. Inspect, service, and repair drive train components.
9. Inspect, service, and repair any noted oil, fuel, coolant or other fluid leaks.
10. Inspect, service, and repair air emission filters and valves as needed.
11. Inspect, service, and repair drive belts, hoses and clamps.
Attachment 3
7
12. Inspect, service, and repair all gauges for proper operation.
13. Inspect, service, repair, and lubricate all grease points on chassis, body, booms, hoists and
winching mechanism.
14. Change engine oil and filter - products shall meet OEM specifications.
15. Inspect, service and replace air filter as necessary.
16. Inspect, service, repair/replace tires as necessary. Replace at 3/32 inch tread life.
17. Brake inspection
Preventative Maintenance — B Level Service (PM -B)
Perform item listed every 6, 000 miles or 8 months, whichever occurs first.
1. Perform all items listed in PM -A.
2. Inspect, service, and repair emissions system as required by original equipment
manufacturer.
3. Rotate and balance all tires.
4. Scope engine and perform minor tune up as necessary.
5. Inspect and service brake components as necessary. Note: Every brake job shall include
complete new brake hardware kit and cleaning/repacking of wheel bearings.
Preventative Maintenance — C Level Service (PM -C)
Perform items listed every 9, 000 miles or 12 months, whichever occurs first.
1. Perform all items listed in PM -A & B.
2. Inspect and service transmission, which includes, but not limited to, adjustment, fluid and
filter change as necessary and/or required by original equipment manufacturer.
3. Perform front end alignment as well as inspect for worn/broken components — replace as
necessary.
4. Drain, flush and replace differential fluids.
5. Drain, flush and replace engine coolant.
6. Remove all wheels and inspect brakes — replace/repair as needed.
7. Clean particulate diesel filters per OEM specifications.
REPAIRS
Estimates for equipment repair are to follow industry standard flat rate repair guidelines using
sources such as, Chilton, Mitchell or All Data time.
If it is determined that a City vehicle needs repairs beyond regular maintenance such as new
brakes, tires, major electrical improvements, or other repairs deemed as necessary, the
Preventative Maintenance form will become a repair work order. The City Representative will
be contacted to obtain authorization to proceed before any repairs are performed, as required by
Attachment 3
California State law. The Contractor will not perform the repair until receiving approval from
the City Representative in writing or e-mail. Contractor will also advise the City Representative
of the estimated downtime before completing the repair.
Work shall not be sub -contracted without approval from the City Representative. Any sub-
contractor to be utilized for maintenance or repair work shall meet the City's required
qualifications, repair certificates, licenses, insurance requirements and provide repair and
maintenance as provided in the turnaround time requirements identified in the RFP and contract:
PARTS PROCUREMENT
Contractor shall utilize the City's existing parts procurement contracts for their existing term(s).
Contractor shall demonstrate to the City that he/she/it is receiving the preferred customer pricing
for the City for all other parts or supplies. In the spirit of competitive pricing and the best
interest of the City, Proposers shall indicate their best markup costs, if any, in the Proposal. City
reserves the right to purchase parts directly for Contractor's use in effecting maintenance or
repairs, whether from existing contracts or from any vendor of its choice.
WARRANTY
Contractor or Manufacturer shall fully warrant all vehicle / equipment replacement parts
furnished under the terms of this contract, against failure and poor workmanship, for a period of
not less than one (1) year including installation labor from the date of final acceptance by the
City of Costa Mesa Representative.
While under warranty, Contractor shall repair or replace failed replacement parts in a timely
manner to minimize the equipment downtime thus impacting the City of Costa Mesa operations.
A copy or description of the manufacturer's warranty shall accompany each bid for the item(s)
proposed, detailing the scope and length of the warranty.
All labor shall be warranted for
TURN AROUND TIME
Public Safety:
FIRE - In the course of maintenance and repair of City owned Fire apparatus, there shall not be
more than two (combination of Fire engine / Ladder truck) units down at one time as a standard.
Repairs will need to be coordinated with the City Representative to minimize equipment
downtime for response. Proposers (whether private or public) shall indicate whether and how
they would provide a loaner/replacement fire unit of similar configuration if more than two
apparatus are out of service for repair and maintenance.
POLICE - In the course of maintenance and repair of City owned Police vehicles, there shall not
be more than 10% of the safety fleet down at one time for maintenance or repair. Repairs will
need to be coordinated with the City Representative to minimize equipment downtime for
response.
Attachment 3
Damage resulting from traffic collision is an exception.
White Fleet -
The City's white fleet should typically be returned to the user within one business day after
preventative maintenance and/or repair is performed.
White Fleet exception: All vehicles that would provide support to safety departments during a
natural or man-made disaster should be returned from maintenance and repair on the same day.
These vehicles are: Vactor; backhoes; skip -loaders; dresser; aerial lift; standby truck; shop truck.
EMISSION (SMOG) TESTING
Emission testing shall be performed every two years on qualifying vehicles. Due to configuration
of the City's fleet, there will be vehicles to test every year based on vehicle identification
number.
DOT / BIT INSPECTION VEHICLES (Heavy Trucks, Trailers and Buses)
1. Serviced accordingly every 90 days as per DOT guidelines with CHP approved checklists.
2. Maintain records for all vehicles regulated by DOT per DOT and CHP guidelines.
3. Opacity testing done annually with comprehensive records maintained.
4. Aerial testing performed annually with comprehensive records maintained.
ADDITIONAL FLEET DUTIES
• 314 vehicles / 3 reserve / 9 lease. This does not include small equipment without a unit
number.
City hall pool vehicles: hybrids, cars and trucks
Police Dept. vehicles: motorcycles, patrol, undercover, SWAT
Fire apparatus: pumpers, ladder trucks, rescue truck
Street repair equipment: paving equipment, tack truck, tractors, dump trucks
Street sweepers
Senior buses
Stand alone backup emergency generators at all facilities
Emergency standby generators located at: Fire stations 1,2,3,4,5 and 6.
Communications, city hall and police department.
Attachment 3
10
• Currently In -source 9 sewer support vehicles, and un -numbered miscellaneous / welding
Costa Mesa Sanitary District vehicles: vactors, generators, water truck'
• Accident investigation for PD / review vehicles involved in a fatality
• NPDES: clean up place pans under equipment, protect storm drains
• Pick up vehicles for service or take vehicles to dealer for warranty work, emission testing
• Opacity tests on diesel trucks and maintain records
• After hours response, in support of fire apparatus, and Police patrol units
• Chase parts from dealers as needed
• Fabrication and welding: weld man hole covers in the street, repair fencing and gates in
the right of way that are vandalized in the city
• Stock parts repair to maintain inventory
• Inspect vehicle hoists and maintain records as required by OSHA
• Prepare vehicle and equipment specifications for procurement
• Install graphics / city logos and unit numbers on vehicles
• Road calls in field
• Outfit new vehicles, code and safety lights, push bars, arrowsticks, etc.
• Large truck and car tire repairs and installation
• Maintain and service particulate traps as per AQMD
• Unload deliveries for warehouse / UPS / FED EX
Other Equipment Maintenance staff duties
All mechanics have class A licenses with all endorsements and can operate all city vehicles and
equipment
All mechanics are disaster response certified
Schedule and supervise annual smoke checks on all city diesel vehicles
Perform all necessary paperwork and documentation for all services and repairs on all vehicles
and equipment
Recyclable metal collection
Attend necessary training classes that are applicable to job
Keep all certifications and licenses current including: Class A, tanker, passenger, motorcycle,
ASE's, Fire Mechanic, UST, A/C etc.
Attend safety meetings
1 The City's current contract to provide fleet maintenance services to the Costa Mesa Sanitary District is attached as
Attachment —
Attachment 3
11
Update and review all MSDS documents
Maintain shop and city yard cleanliness if City facilities used by contractor
Assist the Recreation Division with:
• Showmobile transfer and retrieve to and from events.
• Deliver light generator to and from events, fuel and repair in field.
Assist the Public Services facilities staff with building and facility repairs
Assist the Public Services sign division with construction of signs and plaques
Assist with City fire extinguisher annual servicing
Assist Communications Division (Police Department Support Services) with two-way radio
repairs and communication equipment.
Assist Police Dept. with vehicle fatal investigations
Assist Police Dept. with drug investigations
Assist Police Dept. with bait type cars, motorcycle and bicycles
Assist Police Dept. with DUI checkpoint preparedness
Assist Police Dept. with radar trailer deployment
Assist Police Dept. with accident scenes
Assist Fire Dept. with fire investigations
Assist Fire Dept. with Hazardous material clean up
Assist Fire Dept. with accident scenes
Assist Fire Dept. with training operations and training props
Conduct annual pump testing of all fire apparatus
Conduct annual ladder testing of fire apparatus ladder trucks
Volunteer for City Standby program:
After hours on call
Downed street signs
Attachment 3
Sewer/ hazardous material spills
Trees down
12
Signals out
Glass and trash pick up
Accident scene clean up
Storm response; assist with pumping of flooded city streets, sandbags, trees down, submerged
vehicles
Removal of vehicles and equipment stuck in mud, sand and in parks.
FABRICATION
The following are typical welding repairs and fabrication projects that may arise from time to
time:
broken handrails, gates, fences, signs and plaques, benches, roof access ladders, planters, filter
for wash rack, trailers, equipment mounts on fire apparatus, street signs and graphics, tables and
chairs in city jail, bollards and poles, staircases, firing range targets, drainage grates, playground
equipment, Fire Department training props, City Hall, library, Tewinkle Skate Park, corporate
yard, restrooms, police stations, fire stations, Estancia Adobe, fire station training tower.
FUEL INFRASTRUCTURE MANAGEMENT -
Develop a pricing strategy that provides City with the best price possible
given fuel consumption and operational requirements. The City will fund
all fuel purchases.
2 Develop a fuel delivery schedule that meets fuel consumption requirements and
optimizes all bulk pricing discounts.
Develop a reconciliation process to resolve significant discrepancies that may occur
between the provider's recorded fuel volume and City's recorded fuel volume.
Develop hazardous waste spill and emergency procedures. Develop an OCDH approved
SPCC plan. .
Coordinate with City personnel to facilitate the processing and reconciliation of all
supporting documents (i.e., bill of lading, invoice, fuel purchase price, etc.).
Attachment 3 13
The provider must have the ability to provide monthly, quarterly, and annual fuel tracking
reports that indicate the delivery date, fuel volume, price, and total cost when called to
do so. The fuel usage shall be recorded within the City provided ORPAC fuel management
system which interfaces with Fleet Focus vehicle maintenance management system for
reports that the Contractor shall provide to the City Representative on a monthly basis.
Provide online monitoring and
service
and recommendedlevels,
mediation measurReport
any anomalies to the City Representative with
Initiate compliance programs and testing including but not limited to:
• Monthly Designated Operator Services
• Annual Monitor Certification
• Daily, Monthly and Annual Vapor Recovery Testing
• Every -three-year Secondary Testing requirements.
Provide all services and associated record keeping and personnel UST certifications
necessary to comply with Federal, State and local regulations for UST Operator
Responsibilities; and as per Orange County Environmental Health and AQMD Rule 461
requirements.
FUEL TANKS MAINTENANCE DUTIES
Daily inspections of gasoline dispensing equipment
Monthly inspection on all underground storage tanks (required by law)
Hazardous material clean up shed inspection and replenishment at all sites
Annual facility personnel training
Annual fuel condition checks at all sites
CNG slow fill maintenance
ORPAK fuel system maintenance and repairs
The City has multiple UST and AST sites, including 4 tanks at the corporate yard, 1 tank at fire
station 2, 1 tank at fire station 3, 1 tank at fire station 4, 1 tank at fire station 6, 3 tanks at the
police station, 1 tank at City Hall, 1 tank at communications/dispatch, 4 compartment AGST oil
storage tanks at fleet maintenance. Specific information regarding the fuel tank inventory is
provided below.
CITY OF COSTA MESA FUEL TANK INVENTORY
Location
Tank #
Tank Type
Capacity
Actual
Product
Mfc. Date
Monitoring
Cy
1
DWT -2P
2,500
2,385
DIESEL
March -86
USTNEEDER
Attachment 3
14
CY
2
G-5
8,000
7,829
DIESEL
March -86
UST-VEEDER
CY
3
G-5
8,000
7,829
GASOLINE
March -86
UST-VEEDER
November-
CY
4
G-6
10,000
9,728
GASOLINE
76
UST-VEEDER
PROPANE
September-
CY
Propane
B59015
1,150
1,150
LPC
84
AGT/NONE
OIL/WASTE
CY
Oil
EV5/5/5/5
2,000
1500/500
OIL
June -04
AGT/VEEDER
September -
PD
7
EV 10K
10,000
9,904
GASOLINE
05
AGT/VEEDER
September -
PD
8
DWT
6,000
5,929
DIESEL
90
UST-RONAN
HELIPAD
9
DWT
10,000
10,018
JET -A
August -84
UST
UST/LEAK
F.S. #2
12
D-5
1,000
971
DIESEL
December -87
ALERT
F.S.#3
13
D-5
1,000
971
DIESEL
December -87
UST/RONAN
F.S.#5
14
EV1000
1,000
971
DIESEL
March -04
AGT/VEEDER
F.S. #6
15
D-5
1,000
971
DIESEL
July -93
UST/VEEDER
SER 200721
COMM.
16
SUPERVAULT
MH
1,000
1010
DIESEL
1999
AGT
CITY
HALL
17
Convault
RN 2000 35F
2,000
2037
DIESEL
2000
AGT
FUEL and LUBRICANT PROCUREMENT
Proposer is responsible for ordering all fuel for a total of 13 tanks:
• Corporation Yard
• Police Department
• Fire Stations # 2, # 3, # 5, # 6
• City Hall emergency generator
• Communications Center emergency .generator
The Proposer shall order fuel based on the lowest bid. Tanks shall be monitored regularly for use
and gallons remaining in the tank. When the tank reaches a minimum level for a delivery, the
Attachment 3
15
Proposer shall send out a bid notification to various vendors for the quantity, type of fuel,
location and tank type. The lowest bidder shall be awarded the delivery. Deliveries shall be
coordinated with City personnel at each facility by the Proposer to insure access and that there
are no conflicts prior to scheduling the delivery.
The refilling of the propane tanks (2) at the Corporation Yard and the Placentia Street Fire
Station are currently under contract with EXPO Propane and are replenished every three weeks
by the vendor. If no propane powered vehicles remain in the City fleet, the tank used for
servicing vehicles shall be removed by EXPO Propane with coordination provided by the
Proposer.
The Proposer shall provide all necessary oil and other lubricants for the maintenance of City
vehicles. Proposer is responsible for ordering all lubricants and coolant for the Fleet Services
Shop. There is a multi -compartment above ground storage tank on site. If Proposer does not
utilize the City Corporation Yard Fleet Services Work Area for vehicle maintenance, no
lubricants or other materials shall be required to be ordered, monitored or stored on site.
HAZARDOUS MATERIAL STORAGE AND DISPOSAL
The successful Proposer will have extensive knowledge and experience in the storage and disposal
of hazardous materials typically generated by a municipal operation. The intent of this
specification is to define the responsibilities and expectations of the Proposer to provide the
required service directly or through a sub -contractor that is a properly licensed and insured
hazardous waste services provider.
The hazardous waste stream generated by the City consists generally of repetitive materials with
occasional unknown products picked up by maintenance crews or public safety personnel from
public rights-of-way. The City has established a central collection and pickup station location at
the City Corporation Yard located at 2300 Placentia Avenue. The Proposer shall remove all
hazardous materials stored in the central collection area on an interval of approximately 90 days.
Following each pickup service the collection/pickup area is to be left clean and orderly. The
Proposer shall at all times maintain the central collection area in a clean, secure condition,
meeting all Federal, State and local law, regulations, ordinances or other applicable statutes. The
area is subject to compliance inspection by the Orange County Department of Environmental
Health. All inspection results shall be communicated in writing to the City representative on the
day of the inspection. Proposer is responsible for compliance and for any consequences of non-
compliance.
Working hours for removal hazardous waste shall be between 7:30 a.m. and 4:00 p.m.
Monday through Friday. The successful contractor will not at any time allow its performance
of any services under this contract to cause the City to incur overtime costs as a result of after
hours monitoring of the contractor's service activities by City staff, without prior written
approval by the City Representative. The Proposer shall:
1. Identify, categorize, profile, package, label, manifest, transport and dispose of regularly
generated hazardous materials, as requested. Examples of materials to be processed
include, but are not limited to: waste flammable liquids (contains acetone and petroleum
2
4.
Attachment 3 16
distillates), Non -Resource Conservation and Recovery Act (RCRA) hazardous waste
solids, Non-RCRA hazardous waste liquids (latex paint), empty containers, filters,
automotive batteries, alkaline and Ni -cad batteries, soil with oil, waste and absorbent
materials from spill accidents, and flammable waste aerosols.
Within one week from date of request, the contractor is to dispatch to the requesting City
facility, a vehicle and work team consisting of a lead person and a hazardous waste
technician, as well as other necessary personnel that are properly trained in the handling
of hazardous waste materials. This work team shall:
a. Establish waste streams, as required.
b. Complete a waste profile sheet for each waste stream so established.
c. Complete a Uniform Hazardous Waste Manifest and any other required
documentation prior to materials transport. .
d. Provide to the requesting City facility a copy of all documentation listed above.
Pack and label all wastes in accordance with DOT requirements prior to transport from
City facilities. Remove hazardous materials from City facilities and facilitate
transportation to a Treatment Storage and Disposal Facility (TSDF). All City -generated
hazardous materials will be transported only to City -approved TSDFs.
Provide approximately four pickups per year at the central collection and pickup station
located at the Costa Mesa Corporation Yard, 2300 Placentia Avenue. The typical pickup
would include, but not be limited to the following materials and quantities:
Disposal Methods
Contractor shall dispose of all hazardous solids and liquids, requiring either thermal processing,
land disposal, and/or treatment prior to disposal only at facilities permitted by DTSC or USEPA.
Approximate
Average
Type of Waste
Pickup Schedule
90 days
Quantity
100 bulbs
Fluorescent Light Bulbs
Diesel Asphalt Emulsion
90 days
5 / 55 -gal
drums
Various Dry -Cell Batteries
90 days
100 batteries
Water-based Paints
90 days
20 gallons
Oil-based Paints
90 days
10 gallons
Various household chemicals
90 days
5 gallons
Oil- contaminated Absorbent
90 days
pounds
50 P
Various chemicals from Police Dept
90 days
20 pounds
(pepper spray, butane lighters, etc.)
Disposal Methods
Contractor shall dispose of all hazardous solids and liquids, requiring either thermal processing,
land disposal, and/or treatment prior to disposal only at facilities permitted by DTSC or USEPA.
Attachment 3
17
Disposal methods shall be in conformance with all applicable local, state and federal regulations.
All Resource Conservation and Recovery Act (RCRA) hazardous wastes that are recycled shall
be recycled only at EPA permitted treatment facilities. All Non-RCRA oily wastes shall be
disposed of in accordance with 22 CCR, Division 4.5, Chapter 29 (Used Oil Recycling Program).
All RCRA hazardous wastes that are recycled shall be recycled only at EPA permitted treatment
facilities.
FLEET MANAGEMENT SERVICES PRICING LIST
1. Cost proposal for all items listed in this Request for Proposals to include all parts (including any
markup), labor, management fees, environmental fees, PMs as described in the Scope of Work and
Specifications and all other items as listed in the specifications.
Total Cost Proposal for PM - A.
Tier I — Passenger Cars, Light Trucks and similar misc equipment .................................$
Tier II — Medium Duty Trucks (1 ton & below) & similar misc equipment ......................$
Tier III — Heavy Duty Trucks, Street Sweepers, Fire Trucks, and
Similar misc equipment..................................................................................$
Total Cost Proposal for PM - B.
Tier I — Passenger Cars, Light Trucks and similar misc equipment .............. $
Tier II — Medium Duty Trucks (1 ton & below) & similar misc equipment ......................$
Tier III — Heavy Duty Trucks, Street Sweepers, Fire Trucks, and
Similarmisc equipment..................................................................................$
Total Cost Proposal for PM - C.
Tier I — Passenger Cars, Light Trucks and similar misc equipment .................................$
Tier II — Medium Duty Trucks (1 ton & below) & similar misc equipment ......................$
Tier III — Heavy Duty Trucks, Street Sweepers, Fire Trucks, and
Similar misc equipment..................................................................................$
2. Cost proposal for directed work items such as mechanical repairs, component replacement
and reconditioning. Bidder to provide written description of procedures of repairs not included
in the PM specifications.
Tier I - Standard Hourly Rate...........................................................................................$
Tier II - Standard Hourly Rate..........................................................................................$
Tier III - Standard Hourly Rate.........................................................................................$
Tier I — Overtime Hourly Rate..........................................................................................$
Attachment 3
18
Tier II — Overtime Hourly Rate........................................................................................$
Tier III — Overtime Hourly Rate.......................................................................................$
3. Cost proposal for emergency conditions (after hours) work items such as mechanical repairs,
component replacement and reconditioning. Proposer to provide written description of
emergency conditions procedures and hours for applications of stated rates.
Tier I Emergency Call Hourly Rate...............................................................................$
Tier II — Emergency Call Hourly Rate..............................................................................$
Tier III — Emergency Call Hourly Rate............................................................................$
4. Cost Proposal for Fuel Storage, Management and Delivery ............................ $
5. Cost Proposal for Hazardous Waste Disposal ......................................... $
6. 'Hourly Rate for Fabrication..................................................................$
7. Hourly Rate for Additional Fleet Services ..................................................$
4. PROPOSAL FORMAT GUIDELINES
Interested entities or contractors are to provide the City of Costa Mesa with a thorough proposal
using the following guidelines:
Proposal should be typed and should contain no more than 20 typed pages using a 12 -point font
size, including transmittal letter and resumes of key people, but excluding Index/Table of
Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order
and content of sections. Proposal should be straightforward, concise and provide "layman"
explanations of technical terms that are used. Emphasis should be concentrated on conforming
to the RFP instructions, responding to the. RFP requirements, and on providing a complete and
clear description of the offer. Proposals which appear unrealistic in terms of technical
commitments, lack of technical competence or are indicative of failure to comprehend the
complexity and risk of this contract, may be rejected. The following proposal sections are to be
included in the Proposer's response:
• Vendor Application Form and Cover Letter
Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this
form to the cover letter. A cover letter, not to exceed three pages in length, should
summarize key elements of the proposal. An individual authorized to bind the consultant
must sign the letter. The letter must stipulate that the proposal price will be valid for a period
of at least 180 days. Indicate the address and telephone number of the contractor's office
located nearest to Costa. Mesa, California and the office from which the project will be
managed.
0 Background and Proiect Summary Section
Attachment 3
ME
The Background and Project Summary Section should describe your understanding of the
City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of
this RFP.
• Methodolou Section
Provide a detailed description of the approach and methodology to be used to accomplish the
Scope of Work of this RFP. The Methodology Section should include:
1. An implementation plan that describes in detail (i) the methods, including controls
by which your firm or entity manages projects of the type sought by this RFP; (ii)
methodology for soliciting and documenting views of internal and external
stakeholders; (iii) and any other project management or implementation strategies
or techniques that the respondent intends to employ in carrying out the work.
2. Detailed description of efforts your firm or entity will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work" section.
3. Detailed project schedule, identifying all tasks and deliverables to be performed,
durations for each task, and overall time of completion, including a complete
transition plan. Include your plan to deal with fluctuation in service needs and
any associated price adjustments.
4. Detailed description of specific tasks you will require from City staff. Explain
what the respective roles of City staff and your staff would be to complete the
tasks specified in the Scope of Work.
5. Proposers are encouraged to provide additional innovative and/or creative
approaches for providing the service that will maximize efficient, cost-effective
operations or increased performance capabilities. In addition, the City will
consider proposals that offer alternative service delivery means and methods for
the services desired.
6. Firms, public entities and individuals wishing to be considered shall include in their
submissions the steps they will, if selected, implement and adhere to for the recruitment,
hiring and retention of former employees of the City who have been or may be displaced
due to layoff or outsourcing of functions and services formerly provided by the City.
7. Proposers are also requested to identify any City owned facilities or property which
Proposer would propose to use or lease, purchase, or rent from the City in connection
with the services to be performed, including information about the terms of any proposed
lease, purchase or use of such equipment and facilities, and how this proposed structure
affects the overall cost proposal to the City. In the case of use of the City Yard property,
facilities or equipment, the Proposer must identify how such use would integrate with and
not interfere with City's use of such facilities or equipment, how Proposer will provide
insurance for operations conducted at the City Yard or using City equipment, how waste
streams, water usage and other operations of Proposer will be separately accounted for.
Attachment 3
• Staffin
FM
Provide a list of individual(s) who will be working on this project and indicate the functions
that each will perform and anticipated hours of service of each individual.2 Include a resume
for each designated individual.
Upon award and during the contract period, if the contractor chooses to assign different
personnel to the project, the Contractor must submit their names and qualifications including
information listed above to the City for approval before they begin work.
• Qualifications
The information requested in this section should describe the qualifications of the firm or
entity, key staff and sub -contractors performing projects within the past five years that are
similar in size and scope to demonstrate competence to perform these services. Information
shall include:
Names of key staff that participated on named projects and their specific responsibilities with
respect to this scope of work.
A summary of your firm's or entity's demonstrated capability, including length of time that
your firm has provided the services being requested in this Request for Proposal.
For private Proposers, provide at least three references that received similar services from
your firm. The City of Costa Mesa reserves the right to contact any of the organizations or
individuals listed. Information provided shall include:
o Client Name
o Project Description
o Project start and end dates
o Client project manager name, telephone number, and e-mail address.
Any public entity which submits a proposal should describe in detail how it currently
performs services like those identified in the scope of work within its or other jurisdictions,
including photographs, written policies and/or video of services provided. If you have
performed these services under contract for another public entity, please provide references
for those entities as set forth above for private Proposers.
• Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent information such
as internal unaudited financial statements and financial references to allow the City to
reasonably formulate a determination about the financial capacity of the Proposer. Describe
z Hourly rates for the proposed personnel shall be set forth on Appendix D.
Attachment 3
21
any administrative proceedings, claims, lawsuits, or other exposures pending against the
Proposer.
• Fee Proposal
All Proposers are required to use the form in Appendix D to be submitted with their proposal.
Pricing instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Proposals shall be valid for a minimum of 180 days following submission.
• Disclosure
Please disclose any and all past or current business and personal relationships with any
current Costa Mesa elected official, appointed official, City employee, or family member of
any current Costa Mesa elected official, appointed official, or City employee. Any past or
current business relationship may not necessarily disqualify the firm from consideration.
• Sample Agreement
The firm selected by the City will be required to execute an Agreement for Services
(Agreement) with the City. The form of the Agreement is enclosed as Appendix B, but may
be modified to suit the specific services and needs of the City. If a Proposer has any
exceptions or conditions to the Agreement, these must be submitted for consideration
with the proposal. Otherwise, the Proposer will be deemed to have accepted the form of
Agreement. See Section 13, below.
• Checklist of Forms to Accompany Proposal
As a convenience to Proposers, following is a list of the forms, included as appendices to this
RFP, which should be included with proposals
(1) Vendor Application Form
(2) Ex Parte Communications Certificate
(2) Price Proposal Form
(3) Disclosure of Government Positions
(4) Disqualifications Questionnaire
5. PROCESS FOR SUBMITTING PROPOSALS
• Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format
guidelines.
• Preparation of Proposal
Attachment 3
22
Each proposal shall be prepared simply and economically, avoiding the use of elaborate
promotional material beyond those sufficient to provide a complete, accurate and reliable
presentation.
• Number of Proposals
Submit one original, Five (5) hard copies plus one disk copy of your proposal in
sufficient detail to allow for thorough evaluation and comparative analysis. In the event
of a conflict between the original and any hard copy or disk copy, the original shall
control.
• Submission of Proposals
Complete written proposals must be submitted in sealed envelopes marked and received
no later than 4:00 p.m. (P.S.T) on , 2011 to the address below.
Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not
be accepted.
Kimberly Hall Barlow
Jones & Mayer
City of Costa Mesa City Attorney's Office
3777 N. Harbor Blvd.
Fullerton, CA 92835
RE: Fleet Management
Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Richard Amadril, RFP Facilitator
ramadril@Dci costa-mesa.ca.u.s
The City reserves the right to amend or supplement this RFP prior to the proposal due
date. All amendments, responses to questions received, and additional information will
be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site -
Business - Bids & RFP's; Proposers should check this web page daily for new
information. The City will endeavor to answer all written questions timely received no
later than , 2011. The City reserves the right not to answer all
questions.
From the date that this RFP is issued until a Proposer is selected and the selection is
announced, firms or public entities are not allowed to communicate outside the process
set forth in this RFP with any City employee other than the contracting officer listed
above regarding this RFP. The City reserves the right to reject any proposal for violation
Attachment 3
23
of this provision. No questions other than written will be accepted, and no response other
than written will be binding upon the City.
• Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any
services, including costs of responding to this RFP. The City, at its sole discretion, reserves
the right to accept or reject any or all proposals received as a result of this RFP, to negotiate
with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may
waive any irregularity in any proposal. All proposals will become the property of the City of
Costa Mesa, USA. If any proprietary information is contained in the proposal, it should be
clearly identified.
6. EVALUATION CRITERIA
The City's evaluation and selection process will be conducted in accordance with Chapter V,
Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest
responsible bidder will be determined based on evaluation of qualitative factors in addition to
price. At all times during the evaluation process, the following criteria will be used. Sub -criteria
are not necessarily listed in order of importance. Additional sub criteria that logically fit within a
particular evaluation criteria may also be considered even if not specified below.
1. Qualifications of Proposer and Key, Personnel -------25%
Includes ability to provide the requested scope of services, the Proposer's financial
capacity, recent experience conducting work of similar scope, complexity, and magnitude
for other public agencies of similar size, references.
2. Approach to Providing the Requested Scope of Services -------10%
Includes an understanding of the RFP and of the project's scope of services, knowledge of
applicable laws and regulations related to the scope of services.
Price Proposal -----50%
Price Proposals will be evaluated on the basis of the Total Estimated Annual Price
submitted in Appendix D.
4. Innovative and/or creative approaches to providing the services that provide
additional efficiencies or increased performance capabilities. ----15%
7. EVALUATION OF PROPOSALS AND SELECTION PROCESS
In accordance with its Municipal Code, the City will adhere to the following procedures in
evaluating proposals. An Evaluation/Selection Committee (Committee), which may include
members of the City's staff and possibly one or more outside experts, will screen and review all
Attachment 3
24
proposals according to the weighted criteria set forth above. While price is one basic factor for
award, it is not the sole consideration.
A. Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject
as non-responsive any proposal that does not include the documents required to be
submitted by this RFP. At any time during the evaluation process, the City reserves the
right to request clarifications or additional information from any or all Proposers
regarding their proposals.
B. Initial Proposal Review
The Committee will initially review and score all responsive written proposals based
upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's
references. Proposals that receive the highest evaluation scores may be invited to the
next stage of the evaluation process. The City may reject any proposal in which a
Proposer's approach, qualifications, or price is not considered acceptable by the City. An
unacceptable proposal is one that would have to be substantially rewritten to make it
acceptable. The City may conclude the evaluation process at this point and recommend
award to the lowest responsible bidder. Alternatively, the City may elect to negotiate
directly with one or more Proposers to obtain the best result for the City prior to making a
recommendation or selection.
C. Interviews, Reference Checks, Revised Proposals, Discussions
Following the initial screening and review of proposals, the Proposers included in this
stage of the evaluation process may be invited to participate in an oral interview.
Interviews, if held, are tentatively scheduled for , 2011 and will be
conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. This
date is subject to change. The individual(s) from Proposer's firm or entity that will be
directly responsible for carrying out the contract, if awarded, should be present at the oral
interview. The oral interview may, but is not required to; use a written question/answer
format for the purpose of clarifying the intent of any portions of the proposal.
In addition to conducting an oral interview, the City may during this stage of the
evaluation process also contact and evaluate the Proposer's references, contact any
Proposer to clarify any response or request revised or additional information, contact any
current users of a Proposer's services, solicit information from any available source
concerning any aspect of a proposal, and seek and review any other information deemed
pertinent to the evaluation process.
Following conclusion of this stage of the evaluation process, the Committee will again
rank all Proposers according to the evaluation criteria set forth above. The ,Committee
may conclude the evaluation process at this point, and make a recommendation for
award, or it may request Best and Final Offers from Proposers. The City may accept the
proposal or negotiate the terms and conditions of the agreement with the highest ranked
Attachment 3
25
firm, which shall be determined to be the lowest responsible bidder. The City may
recommend award without Best and Final Offers, so Proposers should include their best
proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final
contract terms. Negotiations shall be confidential and not subject to disclosure to
competing Proposers unless an agreement is reached. If contract negotiations cannot be
concluded successfully within a time period determined by the City, the City may
terminate negotiations and commence negotiations with the next highest scoring Proposer
or withdraw the RFP.
S. PROTEST PROCEDURES
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests
based upon restrictive specifications or alleged improprieties in the proposal procedure which are
apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in
writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of
proposals. The protest must clearly specify in writing the grounds and evidence on which the
protest is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably
have been discovered prior to submission date of the proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within
forty-eight hours from receipt of the notice from the City advising of staff s recommendation for
award of contract. The protest must clearly specify in writing the grounds and evidence on which
the protest is based. The RFP Facilitator will respond to the protest in writing at least three days
prior to the meeting at which staff s recommendation to the City Council will be considered.
Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at
the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to
the scheduled meeting.
9. CONFIDENTIALITY
The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public
access to government records. Therefore, unless information is exempt from disclosure by law,
the content of any request for explanation, exception, or substitution, response to this RFP,
protest, or any other written communication between the City and Proposer, shall be available to
the public. The City intends to release all public portions of the proposals following the
evaluation process at such time as a recommendation is made to the City Council.
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer's competitive position
if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary
information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as
confidential.
Attachment 3
26
Submission of a proposal shall indicate that, if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer's
request, Proposer shall assume all responsibility for any challenges resulting from the non-
disclosure, indemnify and hold harmless the City from and against all damages (including but
not limited to attorney's fees that may be awarded to the party requesting the Proposer
information), and pay any and all costs and expenses related to the withholding of Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
disclosure, of any Proposer information. If Proposer does not request that the City withhold from
disclosure information identified as confidential, the City shall have no obligation to withhold
the information from disclosure and may release the information sought without any liability to
the City.
10. EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives should not communicate with the City Council
members about this RFP. In addition, Proposers and Proposers' representatives should not
communicate outside the procedures set forth in this RFP with an officer, employee or agent of
the City, including any member of the evaluation panel, with the exception of the RFP
Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives
are not prohibited, however, from making oral statements or presentations in public to one or
more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
proposal, and any individual or entity who has been requested by the Proposer to contact the City
on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix
C) with their proposals certifying that they have not had or directed prohibited communications.
as described in this section.
11. CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not
acquire any interest which would present a conflict of interest under California Government
Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under
any Agreement awarded. The Proposer further covenants that it will not knowingly employ any
person having such an interest in the performance of any Agreement awarded. Violation of this
provision may result in any Agreement awarded being deemed void and unenforceable.
12. DISCLOSURE OF GOVERNMENTAL POSITION
In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the
City, the City requires that all Proposers disclose in their proposals any positions that they hold
as directors, officers, or employees of any governmental entity. Additional disclosure may be
required prior to contract award or during the term of the contract. Each Proposer shall disclose
whether any owner or employee of the firm currently hold positions as elected or appointed
officials, directors, officers, or employees of a governmental entity or held such positions in the
Attachment 3
27
past twelve months using the attached "Disclosure of Government Positions Form." (See
Appendix F.)
13 CONDITIONS TO AGREEMENT, IF ANY.
The selected Proposer will execute an Agreement for Services with the City describing the Scope
of Services to be performed, the schedule for completion of the services, compensation, and
other pertinent provisions. The contract shall follow the sample form of Agreement provided as
Appendix B to this RFP, which may be modified by City. All Proposers are directed to
particularly review the indemnification and insurance requirements set forth in the sample
Agreement.
The terms of the agreement, including insurance requirements have been mandated by the
City and can he modified only if extraordinary circumstances exist. Submittal of a proposal
shall be deemed acceptance of all the terms set forth in this RFP and the sample Agreement for
Services unless the Proposer includes with its proposal, in writing, any conditions or exceptions
requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code,
the City may consider the scope and number of conditions in evaluation proposals and
determining the lowest responsible bidder.
14. DISQUALIFICATION QUESTIONNAIRE
Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire
inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has
a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise
prevented from proposing on, or completing a federal, state, or local government project because
of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may
be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been
disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state,
or local project because of a violation of law or a safety regulation. See Appendix E.
15. STANDARD TERMS AND CONDITIONS
Amendments
The City reserves the right to amend or supplement this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa Procurement Registry,
Costa Mesa - Official City Web Site - Business - Bids & RF''s; Proposers should check this web
page daily for new information.
Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the Proposer. All proposals
submitted become the property of the City.
Insurance Requirements
Attachment 3
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City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not
a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a
permit or contract. Within ten (10) consecutive calendar days of award of contract, successful
Proposer must furnish the City with the Certificates of Insurance proving coverage as specified
within Appendix B.
Attachment 3
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Attachment 3
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REQUEST FOR PROPOSAL
Fleet Management
VENDOR APPLICATION FORM
TYPE OF APPLICANT: ❑ NEW
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E -Mail Address:
Phone:
Contact Person for Proposals:
Title:
Business Telephone:
Is your business: (check one)
❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION
Is your business: (check one)
❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
❑ CURRENT VENDOR
Fax:
E -Mail Address:
Business Fax:
Attachment 3
31
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
Federal Tax Identification Number:
City of Costa Mesa Business License Number:
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date:
Attachment 3
32
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32
Attachment 3
33
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this _ day of , 2011 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
consultant, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant as described herein below;
and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit
"A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City, and all of its actions, communications, or
other work, during its employment, under this contract is under the direction of the City.
Consultant also warrants that it is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement.
1.3. Warrqn1y. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
Attachment 3
34
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. . Compensation. [TBD]
2.2. , Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Proposal unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's affected supervisor
for approval on a progress basis, but no more often than two times a month. Said invoice shall
be based on the total of all Consultants' services which have been completed to City's sole
satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City
receives said invoice. Each invoice shall describe in detail, the services performed and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
Attachment 3
35
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of three year, unless previously terminated as provided herein or as otherwise agreed to in
writing by the parties. At the end of the term period, the City may determine, in its sole
discretion, to exercise an option to renew the contract for up to two periods of one (1) year each.
The City shall give notice to Consultant of its intention to exercise such option at least 30 days
prior to expiration of the base, or option, term.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to, inmate
intake reports and logs shall be delivered to the City within ten (10) days of delivery of
termination notice to Consultant, at no cost to City. Any use of uncompleted documents without
specific written authorization from Consultant shall be at City's sole risk and without liability or
legal expense to Consultant.
Attachment 3
5.0. INSURANCE
36
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than Five Million Dollars ($5,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving, subrogation rights under its workers'
compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than Five Million Dollars ($5,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
(e) Pollution Liability insurance, providing coverage for any claim, suit, cause
of action, demand, clean-up notice or other liability for pollution or
hazardous materials discharge, on a claims made basis, with policy limits
of not less than Five Million Dollars ($5,000,000.00) combined single
limits, per occurrence and aggregate. Consultant shall obtain and maintain
said pollution liability insurance during the life of this Agreement and for
five years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
Attachment 3
37
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
5.3 If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self-insured retention., -
5.4. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement. ,
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Attachment 3
38
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Consultant
12345 Jefferson Rd.
Costa Mesa, CA 92626
Tel: 555-555-5555
Fax: 555-555-5555
Attn:
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 9262.6
Tel: 714-754-5156
Fax: 714-754-5330
Attn: Purchasing
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"B" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing parry shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing parry in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
Attachment 3
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indemnify, and defend the ,City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees")
from and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind
whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation,
attorneys' fees, arising out of, resulting from, relating to, or claimed to have arisen out of,
resulted from or related to the engagement of Consultant or the performance of this Agreement
by the Consultant (including its subcontractors and suppliers)
It is expressly intended by the parties that Consultant's indemnity and defense obligations shall
apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution,
regardless of any negligence or other fault of Indemnitees, or any of them, and whether or not
such Indemnitee negligence or other fault caused or contributed to the arising of the Claims.
"Claims" as used in this section shall include, without limitation, those for personal injuries,
wrongful death, mental or emotional distress, loss of consortium, damage to or loss of use of
real, personal or intangible property of any kind, loss of income, loss of earning capacity, and
business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys fees,
and costs and expenses of any kind whatsoever.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation under this Section includes, without
limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from
allegations of violations of any federal, State, or local law or regulation, and from allegations of
violations of Consultant's or its subcontractor's personnel practices or from any allegation of an
injury to an employee of the Consultant or subcontractor performing work or labor necessary to
carry out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate, abridge or
otherwise reduce any other obligation of indemnity the Consultant may have with respect to the
City which may otherwise exist. If any judgment is rendered against the City or any of the other
individuals enumerated above in any such action, the Consultant shall, at its expense, satisfy and
Attachment 3
40
discharge the same. This indemnification shall survive termination or expiration of this
Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11 PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
6.12. Ownership of Documents: All findings, reports, documents,, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
(collectively referred to as "confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
Attachment 3
41
confidential information to anyone except the officers, employees and agents of the Consultant
as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, information, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
6.14. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.15. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.16. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the Proposal, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the Proposal.
6.17. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.18. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.19 Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.20. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the, provisions of this
Agreement.
6.21. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
Attachment 3
!N
6.22. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any parry is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.24. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
.constitute one agreement.
6.25. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Date:
City Manager of Costa Mesa
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Attachment 3
Date:
Date:
Date:
43
Attachment 3
Risk Management
APPROVED AS TO CONTENT:
Date:
Project Manager
44
Attachment 3
CONSULTANT'S PROPOSAL
45
Attachment 3
EXHIBIT B
CITY COUNCIL POLICY 100-5
Attachment 3
47
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted
November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-
free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a
variety of programs, is required to abide by this Act. The City Council has expressed its support of the
national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of
a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free
community. This policy is intended to extend that effort to contractors and grantees of the City of Costa
Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds
from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the
following provisions are included in all contracts and agreements entered into by the City of Costa
Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in Contractor's
and/or sub -grantee's workplace, specifically the job site or location included' in this
contract, and specifying the actions that will be taken against the employees for
violation of such prohibition;
b. Establishing a Drug -Free Awareness Program to inform employees about:
Attachment 3
48
1. The dangers of drug abuse in the workplace;
Attachment 3
49
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free
workplace;
3. Any available drug counseling, rehabilitation and employee assistance
programs; and
4. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such
conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health agency, law enforcement, or other
appropriate agency;
Attachment 3
50
3. Making a good faith effort to maintain a drug-free workplace through
implementation of subparagraphs 1 A through 1 F, inclusive.
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation of
subparagraphs 1 A through 1,F, inclusive
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of
Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant
to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject
to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final
decision under this section requiring debarment of a contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant
from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years.
Upon issuance of any final decision recommending against debarment of the contractor and/or
sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided
by law.
Attachment 3
51
EXHIBIT C
CERTIFICATES OF INSURANCE
Attachment 3
�t W
in
52
Attachment 3
53
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning the Fleet Maintenance Services RFP at any time after
......... ....... ........................... ........ .......
[[INSERT'. DATE ORISSUANCE OYRFP], 2011
Ka
. ..... ....... .
.............................
I certify that Proposer or Proposer's representatives have communicated after [INSERT DATE
OF' ISSUA1.NCE OF RFP:] 2011 with a City Councilmember concerning the Fleet Maintenance
Services RFP. A copy of all such communications is attached to this form for public
distribution.
Attachment 3
54
Attachment 3
55
PRICING PROPOSAL FORM
Employee
Hourly Rate
Hours worked
Total Cost
Overtime rate
Total Estimated Annual Price $
Attachment 3
56
0
Attachment 3
57
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Attachment 3
58
)\
� ;!
�
\- \
}
!
\
\ \
\
Attachment 3
58
Attachment 3
59
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold
positions as elected or appointed officials, directors, officers, or employees of a governmental
entity or held such positions in the past twelve months. List below or state "None."
Unit #
026
027
010
213
212
220
217
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
211
219
215
216
600
602
697L
698698L
748
700
696
776
777
695
761
794
741
778736
Model
Year
2001
2000
1996
2006
2006
2003
2003
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2006
2008
2008
1992
1992
2000
2001
1982
2007
2006
1999
2011
2012
1999
2007
2003
2000
1999
2003
2009
2001
2006
2001
ATTACHMENT A — VEHICLE INVENTORY
Make
Ford
Raymond
Ford
Ford
Ford
Ford
Ford
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Multi -quip
Eldorado
Eldorado
Wenger
GMC
Service Body Van
Chevrolet
Dodge
Ford
Chevrolet
Ford
Toyota
Chevrolet
Chevrolet
Toyota
Ford
Ford
Ford
Ford
FLEET INVENTORY
as of December 31, 2010
Model
F-450 Super
FAS1-R30TT
Taurus
E-350
E-350
E-350
F-150
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
Light tower
7KW light tower
7KW light tower
Bus
Bus
80A1
C5500
Astro
Avenger
Fusion
Lumina
Expedition
Prius Hybrid
Astro
Astro
Prius Hybrid
E-250
E-350
Taurus
Taurus
Description
w/16ft
electric fork lift
Wagon
15 passenger
15 passenger
standard cab, 8 -ft box
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
portable light towers
Asset # 17988
Asset # 17989
bus, 18 passenger
OCTA bus
showmobile w/stage
7 passenger
4 dr
4 dr
4 dr
4 dr
cargo van
cargo van
4 dr
van, jail
1 ton, 15 passenger
sedan
4 dr
Service
Class
Class 3
Forklift
Auto
Van
Van
Van
Pickup
Class 4
Bus
Misc Equip
Van
Auto
Auto/Lease
Auto
Auto
Van
Van
Auto
Van
Van
Auto
Auto
778L
2012
Ford
Fusion
4 dr
699
2001
Ford
Taurus
4 dr
701
2005
Chevrolet
Tahoe
SUV
702
2006
Ford
Crown Vic
sedan
703
2006
Ford
Crown Vic
sedan
704
2007
Ford
Crown Vic
4 dr
705
2007
Ford
Crown Vic
706
2006
Ford
Crown Vic
4 dr
707
2007
Ford
Crown Vic
4 dr
708
2008
Ford
Crown Vic
4 dr
709
2008
Ford
Crown Vic
4 dr
710
2009
Ford
Crown Vic
4 dr
711
2007
Ford
Crown Vic
4 dr
712
2007
Ford
Crown Vic
4 dr
713
2006
Ford
Crown Vic
4 dr
714
2007
Ford
Crown Vic
4 dr
715
2009
Ford
Crown Vic
4 dr
716
2007
Ford
Crown Vic
4 dr
717
2006
Ford
Crown Vic
4 dr
718
2007
Ford
Crown Vic
4 dr
719
2008
Ford
Crown Vic
4 dr
720
2007
Ford
Crown Vic
4 dr
721
2007
Ford
Crown Vic
4 dr
722
2007
Ford
Crown Vic
4 dr
723
2008
Ford
Crown Vic
4 dr
724
2009
Ford
Crown Vic
4 dr
725
2007
Ford
Crown Vic
4 dr
726
2008
Ford
Crown Vic
4 dr
727
2006
Ford
Crown Vic
4 dr
728
2007
Ford
Crown Vic
4 dr
729
2007
Ford
Crown Vic
4 dr
730
2008
Ford
Crown Vic
4 dr
731
2006
Ford
Crown Vic
4 dr
738738L
2012
Ford
Fusion
4 dr
739739L
2012
Ford
Fusion
4 dr
743743L
2012
Ford
Fusion
4 dr
751
2008
Ford
Crown Vic
4 dr
763
1993
Ford
E-350
765
2000
Ford
F-550
cab&chassis w/s
779
2002
Ford
Crown Vic
4 dr
780
2006
Ford
Crown Vic
sedan, k-9
781
2006
Ford
Crown Vic
sedan, k-9
782
2007
Ford
Crown Vic
4 dr
783
2008
Ford
Crown Vic
4 dr
784
2004
Ford
Crown Vic
4 dr
787
2008
Ford
Crown Vic
4 dr
791
2008
Ford
Ranger
utility, park ranger
792
2006
Ford
Ranger.
795
2006
Honda
Accord
4 dr
797
2005
Toyota
Camry
4 dr Sedan
Auto Lease
Auto
SUV
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
Auto Lease
Auto Lease
Lease
PD Patrol
Van
Class 3
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
PD Patrol
SUV
Auto
Auto
Oze
798
1998
Ford
F-150
standard cab, 6 ft box
Pickup
799
1987
DICO
Utility
trailer, k-9
Misc Equip
757
2006
Ford
Crown Vic
4 dr
785
2006
Ford
Crown Vic
4 dr
PD Patrol
786
2006
Ford
Crown Vic
4 dr
PD Patrol
647
2008
Ford
F-350
648
2004
Ford
F-250
truck, animal control
Pickup
649
2005
Ford
F-250
truck, animal control
Pickup
621
2007
BMW
Motorcycle
624
2004
BMW
R110RT-P/CHP
Motorcycle
628
2007
BMW
Motorcycle
630
2007
BMW
Motorcycle
631
2006
BMW
Motorcycle
632
2004
BMW
R110RT-P/C
Motorcycle
635
2007
BMW
R110RT-P/C
Motorcycle
636
2006
BMW
Motorcycle
638
2007
BMW
Motorcycle
733733L
2012
Ford
Fusion
4 dr
Auto Lease
752
2009
Ford
Crown Vic
4 dr
PD Patrol
753
2008
Ford
Crown Vic
4 dr
PD Patrol
754
2008
Ford
Crown Vic
4 dr
PD Patrol
755
2007
Ford
Crown Vic
4 dr
PD Patrol
756
2008
Mighty Mover
DUI Trailer
trailer
758
1995
Mighty Mover
DUI Trailer
trailer
Misc Equip
759
2000
Kustom Signal
Smart
trailer, radar
Misc Equip
760
2006
Radar Trailer
762L
2012
Ford
Fusion
4 dr
Lease
770
2008
Ford
Ranger, pick up
ext cab
Pickup
771
2008
Ford
Ranger, pick up
ext cab
Pickup
772
2003
Ford
F-150
ext cab
Pickup
773
2001
Dodge
Dakota
club cab
Pickup
774
2001
Dodge
Dakota
club cab
Pickup
793
1999
Ford
Motor home
PD mobile command
Class 7
732
2001
Ford
Taurus
Auto
734
1996
Ford
Taurus
sedan
Auto
735
1997
Oldsmobile
Cutlass
sedan
Auto
737
2000
Buick
Century
4 dr, sedan
Auto
742742L
2012
Ford
Fusion
Sedan 4 door
Auto Lease
744
1998
Chevrolet
Lumina
sedan
Auto
745
2001
Ford
Taurus
Auto
746
2004
Chevrolet
Cavalier
sedan
Auto
747
2000
Ford
Windstar
3 dr passenger van
Van
749
2009
Ford
Taurus
sedan
Auto
766
2008
Chevrolet
Uplander
sedan
Auto
769
1998
Ford
Mustang
796
2001
Ford
Taurus
Auto
622
2006
Honda
Motorcycle
626
2006
Honda
Motorcycle
627
2006
Honda
Motorcycle
629
2006
Honda
Motorcycle
3
634
750
740740L
500
502
503
501
504
509
510
511
515
517
518
520
522
523
524
525
526
527
541
542
505
530
531
532
533
534
535
068
069
070
071
072
073
050
051
052
053
054
055
057
058
300
2005
BMW
R110RT-P/CHP
Motorcycle
2005
Chevrolet
Tahoe
2012
Ford
Fusion
4 dr
Auto/Lease
2003
Mercury
Grand Marquis
4 dr sedan
Auto
2007
Ford
F-150
4 dr
SUV
1999
Chevrolet
Astro
7 passenger
Van
1999
Chrysler
Town&Country
Van
1999
Chevrolet
CR 20906
4 dr suburban
SUV
2008
Ford
F250 Pick up
2005
Ford
Excursion
4 dr wagon
SUV
1999
Chevrolet
CR 20906
4 dr suburban
SUV
American
2006
LaFrance
Fire Pumper
pumper a -one
Class 7
American
2006
LaFrance
Fire Pumper
pumper a -one
Class 7
1989
Federal
LO95
platform a -one
Class 8
1989
Federal
Hush
pumper a -one
Class 7
1989
Federal
Hush
pumper a -one
Class 7
American
2002
LaFrance
Eagle
tractor trailer/Squad #85
Class 8
American
2004
LaFrance
Fire Pumper
Fire Truck
Class 7
American
2004
LaFrance
Fire Pumper
Fire Truck
Class 7
American
2008
LaFrance
Quint
platform a -one
Class 8
1991
Federal
Hush
pumper a -one
Class 7
1997
Federal
Huricane
pumper a -one
Class 7
1997
Wellscargo
EW 2024
trailer, rescue (USAR trailer)
Misc Equip
1997
Mighty Mover
SX 34
trailer, training (CPR trailer)
Misc Equip
2003
Scotty
Trailer
Public Education
Misc Equip
2006
Ford
500
1995
Chevrolet
Astro
extended
Van
1999
Chevrolet
Lumina
4 dr
Auto
2003
Chevrolet
2500 DYH
3/4 ton, extended cab
Pickup
2000
Dodge
Durango
4 dr
SUV
2001
Ford
Taurus
Auto
2001
Ford
Taurus
Auto
2001
Ford
Taurus
Auto
2001
Ford
Taurus
Auto
2007
Ford
Ranger
Pickup
2001
Ford
Taurus
4 dr
Auto
1999
Chevrolet
Lumina
4 -dr sedan
Auto
2001
Chevrolet
S-10
4 -dr Blazer
SUV
2004
Ford
Taurus
sedan
Auto
2001
Chevrolet
Blazer
4 dr blazer
Pickup
1999
Chevrolet
Lumina
4 -dr sedan
Auto
2004
Ford
Taurus
sedan
Auto
2001
Ford
Taurus
Auto
2008
Ford
Escape
2 wd
SUV
330
1998
Chevrolet
Astro
Van
302
2006
Ford
F-150
Pickup
305
307
1998
Chevrolet
C-1500
Pickup
331
2006
Ford
F-150
Pickup
326
1999
Ford
E-350
3/4 ton cargo van
Van
386
1985
Int Harvester
510-B
loader, dresser
Misc Equip
387
2001
Tymco
FL 70/A7000
regenerative air sweeper
Sweeper
389
1997
Tymco
CF8000
Sweeper
390
2001
Tymco
FL 70/A7000
regenerative air sweeper
Sweeper
391
1999
Tymco
600
Sweeper
392
2003
Tymco
600
Sweeper
137
1997
Ford
F-350
flatbed
Pickup
151
2007
Ford
F-350
stake
Pickup
336
1985
Zieman
1150
trailer roller
Misc Equip
339
2006
Ford
F-250
pick up
340
1995
Ford
F-800
asphalt patch truck
Class 4
341
2002
Dynapac
CC/122
roller vibratory
Misc Equip
342
1984
Ford
LT 9000
Class 8
343
2005
Lee -Boy
L250T
Tack Distributor
Misc Equip
344
2000
Fermec
680B
tractor loader/backhoe
Misc Equip
345
1986
Freightliner
112
truck
Class 8
346
2000
Chevrolet
C-6500
2 1/2 ton, stakebed
Class 7
347
1996
Ferguson
46A
asphalt roller
Misc Equip
350
2000
Sterling
LT9513
10 wheel, 3 axle dump
Class 8
351
1993
Star
S12001
arrow board trailer/display panel
Misc Equip
Compactor
353
2006
Mikasa
Plate
Compactor Plate
Misc Equip
355
2001
Mikasa
MVC 90LH
compactor vibra-plate
Misc Equip
356
1998 '
Smith
SPS 8
grinder planer
Misc Equip
361
1985
John Deere
510-B
backhoe
Misc Equip
362
1986
Grimer Smitt
125
compressor
Misc Equip
366
2001
Dodge
2500
3/4 ton, 4x4
Pickup
367
1983
Ford
F-700
dump
Class 3
372
1997
Lee -Boy
8500
paver
Misc Equip
373
1997
Zieman
2320
trailer, paver
Misc Equip
377
1985
Wacker
P03
mud pump wacker
Misc Equip
380
2002
GMC
TC36003
1 ton, 2.5 dump body
Class 2
399
2006
Ford
F-350
403
1999
Sterling
L 7501
vactor cleaner
Class 8
123
2003
Ford
F-150
standard cab, 8 -ft box
Pickup
311
2007
GMC
C5500
svc bodysign truck
Class 3
313
1998
TITN
759-601
hand striper
Misc Equip
314
1988
P -M
-
line remover
Misc Equip
315
2001
Dodge
Dakota
quad cab
Pickup
316
1996
Morton
TMT123P
striper
Misc Equip
317
1992
Ford
F-350
flatbed
Class 3
318
2001
Ford
F-350
stencil truck
Class 3
319
1996
Crafco
BAX 250
bituman applicator
Misc Equip
100
2006
Husky Hauler
tractor
Misc Equip
103
1983
Zieman
1150
trailer f/b tilt
Misc Equip
104
1999
Ford
F-250
1/2 ton standard cab
Pickup
105
106
2004
Ford
F-150
3/4 ton
Pickup
107
2004
Ford
F-150
3/4 ton
Pickup
109
2001
Dodge
3500
1 ton dump
Pickup
110
2000
Chevrolet
C-2500
3/4 ton
Pickup
111
1988
Dico
Trailer
113
2007
Easy Lawn HydroSeeder
114
2006
Vermeer
stump grinder
Misc Equip
115
2006
Ditch Witch
trencher
Misc Equip
116
2003
Vermer
Carrier
20 ft trailer
Misc Equip
117
2001
Rototiller
118
2002
Rototiller
121
1991
Olathey
166HL
sweeper
Misc Equip
124
2004
Ford
F-150
Pickup
125
2008
Ford
Ranger
CC10703
Pickup
126
2007
Ford
F-250
Pickup
127
128
2008
Ford
Ranger
Pickup
129
2007
Ford
F-250
Pickup
130
2007
Ford
F-250
Pickup
131
2008
Ford
Ranger
CC10703
Pickup
132
2007
Ford
F-250
Pickup
134
2002
John Deere
Gator
utility vehicle/truckster
Misc Equip
135
2003
John Deere
1200A
bunker & field vehicle/sand rake
Misc Equip
136
2008
John Deere
Gator
4 wh truckster
Misc Equip
138
2008
John Deere
Ballfield Groomer
139
2005
Ford
F-250
Service Body
Pickup
140
2008
Ford
E-350 Cargo Van
Van
141
1996
Honda
EB5000X
generator, 5 kva
Misc Equip
143
1997
Ford
E-151
Van
144
2003
John Deere
Aercore Ae
aerator
Misc Equip
146
2001
Fermec
640B
tractor loader 2 wd
Misc Equip
147
2006
John Deere
tractor
155
1991
Toro
216
mower, reelmaster
Misc Equip
156
1992
Vrisimo
SC -174
mower, flail
Misc Equip
173
2005
Ford
F-250
Service Body
Pickup
175
1986
Star
1950-D
display panel
Misc Equip
178
1982
Int Harvester
S-1700
truck, chipper
Class 4
180
2000
Chevrolet
C-2500
3/4 ton
Pickup
181
2006
Ford
F-550
Class 4
183
184
1990
Ford
F-700
dump, 5 yd
Class 3
189
2002
Freightliner
FL 70
water truck, 1,500 gal
Class 4
191
1991
Olathey
816
chipper, brush
Misc Equip
194
1986
Ferguson
50HX
tractor, backhoe m -f
Misc Equip
195
2006
Ford
F-350
truck
Class 4
196
2007
Ford
F-250
Pickup
209
2004
Ford
F-150
Pickup
214
1987
Ford
E-350
15 passenger
Van
19,
218
2008
Mighty Mover
Toilet Trailer
085
2000
Toyota
Camry
Auto
081
2006
Ford
Focus
sedan
Auto
082
1992
Ford
Crown Vic
sedan
Auto
083
2006
Ford
Focus
084
1995
Chevrolet
Astro
Van
086
2004
Chevrolet
Cavalier
sedan
Auto
087
1999
Chevrolet
S-10
ext cab
Pickup
088
2003
Toyota
Prius Hybrid
4 dr
Auto
089
2003
Toyota
Prius Hybrid
4 dr
Auto
090
2003
Toyota
Prius Hybrid
4 dr
Auto
410
2003
Ford
F-150
standard cab, 8 -ft box
Pickup
411
1978
Onan
2500 DYH
generator, 250k
Misc Equip
414
2001
Chevrolet
C-3500
1 ton, cargo van
Van
415
1996
Ford
E-350
Van
416
1990
Falcon
6x12 Trail
trailer, enclosed
Misc Equip
418
1999
Katolight
D100FRZ4
100 kw generator
Misc Equip
419
2000
Generac
20A01873 -S
500 kw generator
Misc Equip
422
1987
Chevrolet
C-10
Pickup
426
1988
Chevrolet
Astro
van
van
067
1999
Chevrolet
Lumina
Auto
074
2003
Ford
Crown Vic
4 dr
Auto
091
2003
Ford
Crown Vic
4 dr
Auto
409
1997
Chevrolet
S-10
Pickup
420
1995
Neal
Cycle trai
trailer, motorcycle
Misc Equip
421
1990
Hyster
Forklift
forklift
Misc Equip
423
2001
Multiquip
TLG12SPX
12 kw generator
Misc Equip
424
2009
Ford
F-350
Service Body
Pickup
425
1991
Ford
F-150
Pickup
427
1980
Chevrolet
road svc
Pickup
7
CITY OF COSTA MESA FUEL TANK INVENTORY
Location
Tank #
Tank Type
Capacity
Actual
Product
Mfc. Date
Monitoring
CY
1
DWT -2P
2,500
2,385
DIESEL
March -86
UST-VEEDER
CY
2
G-5
8,000
7,829
DIESEL
March -86
UST-VEEDER
CY
3
G-5
8,000
7,829
GASOLINE
March -86
UST-VEEDER
November-
CY
4
G-6
10,000
9,728
GASOLINE
76
UST-VEEDER
5
PROPANE
January,
CY
Propane
METSA
1,150
1,150
LPG
2009
AGT/NONE
OIL/WASTE
CY
Oil
EV5/5/5/5
2,000
1500/500
OIL
June -04
AGTNEEDER
CY
18
FMQ-8-36
Slow Fill
CNG
2003
N/A
CY
19
FMQ-8-36
Slow Fill
CNG
2003
N/A
September -
PD
7
EV IOK
10,000
9,904
GASOLINE
05
AGTNEEDER
September -
PD
8
DWT
6,000
5,929
DIESEL
90
UST-RONAN
HELIPAD
9
DWT
10,000
10,018
JET -A
August -84
UST
UST/LEAK
F.S. #2
12
D-5
1,000
971
DIESEL
December -87
ALERT
F.S.#3
13
D-5
1,000
971
DIESEL
December -87
UST/RONAN
F.S.#5
14
EV 1000
1,000
971
DIESEL
March -04
AGTNEEDER
F.S. #6
15
D-5
1,000
971
DIESEL
July -93
USTNEEDER
SER 200'121
SUPERVAULT
COMM.
16
MH
1,000
1010
DIESEL
1999
AGT
CITY
Convault
HALL
17
RN 2000 35F
2,000
2037
DIESEL
2000
AGT
AGREEMENT FOR COSTA MESA SANITARY DISTRICT Attachment B
VEHICLE MAINTENANCE SERVICES
THIS AGREEMENT is made and effective as of w '7 , 2010, between
the Costa Mesa Sanitary District, a sanitary district ("District") and the City of Costa
Mesa, a municipality ("City"). In consideration of the mutual covenants -and conditions
set forth herein, the parties agree as follows:
1. TERM
continue in effect until tasks described herein are completed, unless sooner terminated
pursuant to the provisions of this Agreement.
2. SERVICES
City shall perform the tasks described and set forth in Paragraph 3. City shall
complete the tasks according to the schedule of performance which is also set forth in
Paragraph 3.
3. PERFORMANCE
. City- shall at all times faithfully, competently and to the best of his /her/ its ability,
experience, . and talent perform all tasks described herein. City shall employ, at a
minimum, generally accepted standards 'and practices utilized by persons engaged in
providing similar services as are required of City hereunder in meeting its obligations
under this Agreement.
A. Upon District request, City shall perform maintenance on the District vehicles
and equipment identified. in Exhibit A, which may be amended if and when the District
vehicle fleet expands.
B.' Upon District request, City shall perform the following services on District
vehicles and equipment:
1. Preventive Maintenance (PM) that consist of the following tasks:
(a). Change lube, oil and filter on main engine and auxiliary
engine(s) as applicable per manufacturer's recommendation.
(b) Chassis ,lubrication at all points and check drive belts, battery
and hoses for maintenance or appropriate replacement as needed;
(c) Brake inspection;
(d) Inspect for any possible fluid leaks and top -off all fluids for
engine and transmission oil, coolant,.brakes, power steering and -windshield washers;
(e) Check and replace windshield wiper blades as necessary;
(f) Check wheel bearings, tire pressure, wheel condit6 c r kAt%
alignment and balancing, axle -seals and recommend corrective action above and
beyond lubrication;
(g) Inspect for any possible electrical shorts, including light bulbs;
(h) Miscellaneous safety inspection; including all required
inspections to meet all DOT requirements.
(i) Other corrective maintenance services as requested / needed.
2. Light duty and utility vehicles are due for PM when they have
traveled 3,000 miles. or surpassed three months of service, whichever'comes first.
3. Heavy duty vehicles are due every 90 days as per DOT regulation, .
or three hundred (3,00) -hours of operation, wfiichever comes first.
4. During PMs if it is noticed that a District vehicle needs new brakes,
tires, major electrical improvements, or other necessary repairs, the PM form will
become a repair work order, at which time the City will notify the District in writing or by
e-mail to obtain authorization to proceed before the repair is performed, as required by
California State law. City will not perform the repair until receiving approval from District
authorized personnel. in writing or. e-mail. City will also notify District of the estimated
downtime before completing the repair.
5. Transmission service on, heavy duty vehicles will be performed
based on manufacturer's recommendation; every. 3,000 hours or 3 years, whichever
comes first if serviced with "Transynd" (Allison Synthetic long life automatic transmission
fluid), or.300 hours or once a year, whichever comes first, if serviced on standard
automatic transmission fluid
6. Cooling system shall be serviced and coolant replaced at
manufacturer's recommended interval.
7. Hydraulic systems in heavy duty vehicles shall be inspected every
1,000 hours of operation and replaced at manufacturer's recommended interval.
8. Inspect all auxiliary equipment as required per manufacturer's
recommendations. Inspect the.operational portion of sewer cleaning truck to include the
vacuum impeller, auxiliary engine, cooling system, fuel/air/oil filters, and other
associated equipment and systems..
9. CMSD will obtain carrier identification number, when applicable
from the California Highway Patrol (CHP) by completing a "Motor Carrier Profile" form
CHP 362 and submit to the CHP. Coordinate Biennial Inspection of Terminals (B.i..T.)
inspections with the CHP every 90 days, in which the CMSD will maintain the required
`pull notice program' and 'pre -trip' inspection record keeping. City -will not be responsible
for record keeping associated with those programs. City personnel will be available to
assist during. any required inspections; standard labor rates will apply.
10. PM Notification Procedures — City will provide electronic
notifications to District personnel at least 30 days before PM is due to schedule a time
and day for which District vehicle can be delivered to the City's garage.
Attachment B
11. Reports — Upon request from the District, City. will provide District
with computerized maintenance management reports for each vehicle. Reports may
include, but are not limited to work history, downtime history, or other information
currently available from the City's "Fleet Anywhere" software program.
12. All CMSD vehicles to be delivered to City Corporation Yard and
picked up by CMSD personnel..
13. Any required travel to outside vendors will be performed by CMSD
personnel, unless approved in advance by CMSD for City personnel transportation,
hich-will-be ch-arg-ed-at-standard-labor-rates.
14.. No fuel will be provided by the CITY OF COSTA MESA.
15. All legally mandated requirements (Smog testing, Opacity testing,
Diesel Particulate Filters, CHP B.I.T. inspections, etc.) will be performed by CMSD
personnel, unless otherwise requested by or approved by CMSD for City personnel to
coordinate. Standard labor rates will apply.
16. Towing of inoperable CMSD vehicles to be scheduled by and
charged to CMSD, unless CMSD requests this service by City. City to charge actual
costs for tow service to CMSD.
17. City personnel called out to perform repairs in the field .either during
or after hours will be charged from the time of receiving the call at the agreed upon
hourly rate. After hours calls will be charged at the rate of time and one half (1 1/z) for a
minimum of two hours.
18. City personnel will not perform inspections or repairs of any lifting
or hoisting devices, cranes. or other specialty lifting equipment as part of this
Agreement.
19. City will charge District accordingly for disposal of waste tires, oils .
and those items that -are subject to regulatory disposal guidelines.
4. DISTRICT MANAGEMENT
District's Operations -Manager shall represent District in all matters pertaining to
the administration of this Agreement, review and approval of. all products submitted by
City, but not including the authority to enlarge the Tasks to be Performed or change the
compensation due to City. The District's General Manager shall be authorized to act on
District's behalf and to execute all necessary documents which enlarge the Tasks to be
Performed or change City's compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The District agrees to pay. the City monthly, in accordance. with the labor rate
of $73.20 per hour as per industry standard Flat Rate Manual for services rendered.
The labor rate charged to the District by the City may be reviewed by the/0tgcbrnedtrl&
each fiscal year to determine if any changes in.actual costs incurred by the City for
providing the services covered by the Agreement warrant an increase in the labor rate.
Should the City determine that an increase is justified the City shall make a written
request to the District thirty days prior to the. start of the proposed increase. The District
retains the right to deny and/or negotiate any rate increase to the satisfaction of both.
parties. The District shall, in writing, provide notice of acceptance or request negotiation
prior to the expiration of the thirty day notice period. Lack of response by District by the
end of the thirty day period shall be considered acceptance of the proposed increase
All unique repairs such as welding, fabrication, extraction of broken studs/bolts
will be charged on an hourly basis. In addition, the District agrees to pay for direct costs
th-e-City-paid-for-procuring-parts-and/or-outsourcing-services-to-a-p-r-ivate-vendor,—with
prior CMSD approval.
(b) City shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the District Gene'ral
Manager. City shall be compensated for any additional services in the amounts and in
the manner as agreed to by District General Manager and City at the time District's
written authorization is given to City for the performance of said services. The District
General. Manager may approve additional work not to exceed the greater of fifteen-
thou'sand dollars ($15,000.00) or two percent (2%) of the total annual contract sum. Any
additional work in excess of this amount shall be approved by the Board of"Directors.
(c) City will submit irivoices for actual services performed including. parts and
labor. Invoices shall be submitted on or about the first business* day of each month, or
as soon thereafter as practical, for services provided in the previous month. Payment
shall be made within thirty (30) days of receipt of each invoice as to all non -disputed
fees. If the District disputes any of City's fees it shall give written notice to City within
thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE'
(a) The District may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the City at least ten
(10) days' prior written notice. Upon receipt of said notice,. the City shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the District
suspends or terminates a, portion of this Agreement such suspension or termination
shall not make void or invalidate the remainder of this Agreement.
(b) The City may at any time, for any reason, with or without -cause, terminate this
Agreement, by serving upon the District at -least thirty (30) days' prior written notice.
(c) In the event'this Agreement is terminated pursuant to this Section, the District
shall pay to City the actual value. of the work performed up to the time of termination.
Upon termination of the Agreement pursuant to this Section, the City will submit an
invoice to the District pursuant to Section 5.
4
'7. DEFAULT OF CITY Attachment B
(a) The City's failure *to comply with the provisions of this Agreement shall
constitute a default. In the event that City is in default for cause under the terms of this
Agreement, District shall have no obligation or. duty to continue compensating City for
any work performed after the date of expiration of the cure period set out in subsection
7(b) hereof as to such default and District can terminate this Agreement immediately by
written notice to the City. If such failure by the City to make progress in the performance
of work hereunder arises out of causes beyond the City's control, and without fault or
negligence of the City, it "shall not be considered a default.
(b) If the District General Manager or -his/her delegate determines that the City is
iri default -in the perforrrarra of-any-of-the-terms-or-conditions-of-this-Agreement—he/she
shall cause to be served upon the City a written notice -of the default. The City shall
have ten (10) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the City fails to cure its default
within such* period of time, the District shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) . City shall maintain complete and accurate records with respect
to vehicle maintenance by listed vehicle, and other such information required by
District that relates to the performance of services under this Agreement. City shall
maintain adequate records. of services provided in sufficient detail to . permit an
evaluation of services. All such records shall be maintained in accordance. with
generally accepted accounting principles and shall be clearly identified and readily
accessible. City shall provide free access to the representatives of * District or its
designees at reasonable times to such books and records; shall give District the right to
examine and audit said books and records; shall permit District to make transcripts
there from as necessary; and shall allow inspection of -all work, data, documents,
proceedings and activities related to this Agreement.
(b) Upon completion, termination or suspension of this Agreement all records of
vehicle maintenance by listed vehicle and other documents prepared in the course of
providing the services to be performed pursuant to this' Agreement shall become the
sole property of the District and may be used, reused or otherwise disposed of by the
District without the permission of the City, subject to the Public Records Act. All vehicle
maintenance records by listed vehicle will be transferred to the follow-on agreement
with the current City or other agency as determined to be in the best interest of the
District. With respect to computer files, City shall make available to the District, at the
City's office and upon reasonable written request by the District, the necessary
computer software and hardware for purposes of accessing, compiling, transferring and
printing computer data files.
9. INDEMNIFICATION
(a) The City shall indemnify and defend the District from any and all claims,
demands, liabilities, damages, losses, costs and expenses, including a6#001yVaa
arising from:
1. The repair work done on District vehicles.
2. Bodily injury or property damage caused by the intentional or negligent
driving, test driving or moving of the vehicles while the vehicles are in the
possession of City personnel.
3. Injuries to City employees who work on. District vehicles, except as they
may be caused by the negligence or intentional misconduct of District employees or
agents.
4. Loss or damage to District vehicles while in possession of City personnel
except that such liability shall be limited to that of a bailee who fails to take"
reasonable steps to protect such vehicles, including theft and fire.
5. Bodily injury or property damage to the extent caused by City equipment
failure.
6. Improper disposal by City of hazardous wastes, oils,. lubricants or tires that
emanate from District vehicles.
(b) District shall indemnify and defend the City from any and all claims,
demands, liabilities, damages, losses, costs and expenses, including attorney's fees
arising from:
1. Acts of District employees or agents in bringing the vehicles onto City
property that cause damage to persons or property by intentional or
negligent act.
2. Acts of District employees or agents in operating District vehicles before or
after any services performed by City on said vehicles.
10. INSURANCE
City procures and administers self-insured general liability and environmental
insurance programs. District procures and administers self-insured general liability and
environmental insurance programs.
11. INDEPENDENT
(a) City is -and shall at all times remain as to the District a wholly independent
public entity. The personnel performing the services under this Agreement on behalf of
City shall at all times be under City's exclusive direction and control. Neither District nor
any of its officers, employees, or*agents shall have control over the conduct of City or
any of City's officers, employees, or agents, except as set forth. in this Agreement. City
shall not at any time or in any manner represent that it or any of its officers, employees,
or -agents are in any manner officers, employees, or agents of the. District. City shall not
6
incur or have the power to incur any debt, obligation, or liability wh #e*►0gGtrPst
District, or bind District in any manner.
(b) No employee benefits shall be available to City in connection with the
performance of this Agreement. Except for the fees paid to City as provided in the
Agreement,. District shall not ,pay salaries, wages, or other compensation to City for
performing services he for District. District shall not be liable for compensation
or indemnification to City for injury or sickness to City's employees arising out of
performing services hereunder, except that resulting from District's negligence or
intentional misconduct.
12. LEGAL�RESPONS-IBILITIES
The- City shall keep itself 'informed of State and Federal laws and
regulations'which in any manner affect those employed by it or in any -way affect the
performance of its service pursuant to this Agreement. The City shall at all times
observe and comply .with all such laws and regulations. All legally mandated
requirements (Smog testing, Opacity testing, Diesel Particulate Filters, CHP B.I.T.
inspections, etc.) are the responsibility.of CMSD.
The District, and its officers and employees, shall not be liable -at law or in equity
for failure of the City to comply with this Section.
13. UNDUE INFLUENCE
City declares and warrants that no undue influence or pressure is.used against or
in concert with any, officer or employee of the Costa Mesa Sanitary District in connection
with the award, terms or implementation of this Agreement, including any method of
coercion,' confidential financial arrangement or financial inducement. No officer or
employee of the Costa Mesa Sanitary District will receive compensation, directly or
indirectly, from City, or from any officer, employee or agent of City, in connection with
the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the District
to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of District, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub -agreement, or the proceeds thereof, for work to be performed
in connection with the Project performed under this Agreement.
15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) Except as otherwise provided by law, including the Public RAt mtbrA t FII
information gained by City in performance of this Agreement shall be considered
confidential and shall not be -released by City without District's prior written
authorization. City, its officers, employees, agents or subcontractor, shall not without
written authorization from the District General Manager or unless requested by the
District Counsel, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
District. Response to a subpoena, court order or Public Records Act request shall not
be considered "voluntary" provided City -gives District notice of such court order,
subpoena or request.
(b)-City-shall-promptly-notify-District-should-C—ity, its -officers; employees; agents
or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, requests for admissions, or other
discovery request, court order, or subpoena from any person or party regarding this
Agreement and the work performed thereunder or with respect to any project or
property located within the District. District retains.'the right,• but has no obligation, to
represent City and/or be present at any deposition, hearing, or similar proceeding. City
agrees to cooperate fully with District and to provide the opportunity to review any
response to discovery requests provided by City. However, District's right to.review any
such response does not imply or mean the right by District to control, direct, or rewrite
said response.
16. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and .may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below'or at any other address as that
party may later designate by notice:
To District: Costa Mesa Sanitary District
628 West 19" St
Costa Mesa, CA 92627
Attn: District Clerk
To City: City of Costa'Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: City Clerk
17. GOVERNING LAW.
The District and City understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and '.also govern the interpretation of .this Agreement. Any litigation concerning this
Agreement shall take place in, the municipal, superior or federal distri aahnfa tia
jurisdiction over the Costa Mesa Sanitary District and the City of Costa Mesa:
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely -upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
19. MODIFICATION
This Agreement may not be modified unless in writing and signed by the parties'
representatives with legal authority to make such modifications.
20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on' behalf of City warrants and
represents that he/she has the authority to execute this Agreement on behalf of the City
and has the authority to bind City to the performance of its obligations hereunder. The
person or persons executing this Agreement on behalf of District warrants and
represents that he/she has the authority to execute this .Agreement on behalf of the
District and has the authority to bind District to the performance of its obligations
hereunder
21. INTERPRETATION
In the event of conflict or inconsistency between this Agreement and any other
document, including any proposal or Exhibit hereto, this Agreement shall control unless
a contrary intent is clearly stated.
Attachment B
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
COSTA MESA SANITARY DISTRICT CITY OF COSTA MESA
��GeneralManager City. anager
Dilift
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APPROVED AS TO FORM:
District Counsel
ATTEST:
City CI rk
APPROVED AS TO FORM:
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Attachment B
Exhibit A
District Vehicles and Equipment, as of July 1, 2010
Vehicles
1. 1990 heavy duty Ford diesel 4,000 gallon water truck
2. 1992, heavy duty single axle Kenworth diesel Vactor 2110 combination
sewer cleaning truck
3. 2002 one ton Chevrolet diesel 3500 Silverado crane service truck
4_. 2.OQ8 3/ tor_LChevr_olet d.iesel2.5Q0_Si.lver_ado picku.p_tr_uck
Equipment.
1. 1998 Lukes Diesel Trailer Mounted Generac Generator Model GR190;
2. 1998 Lukes Diesel Trailer Mounted Generac Generator Model GR85;
3. 2008 trailer mounted by-pass pump
4. 2010 trailer mounted by-pass pump