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HomeMy WebLinkAboutFIRST VEHICLE SERVICES INC FLEET MAINTENANCE SERVIICES AGREEMENT FOR FLEET MAINTENANCE SERVICES FOR AUGUSTA, GEORGIA WITH FIRST VEHICLE SERVICES, INC. 600 Vine Street Suite 1400 Cincinnati, Ohio 45202 Contents SECTION PARAGRAPH TITLE PAGE 1 1 AereementTumandTummation 1 2 General Description of Services 1 3 Definitions 1 4 Performance Bond 2 5 Actions Under Default 2 6 Contractor Relationship to the Commission 2 7 Termination (Other) 3 8 Severability 3 9 Manner of performance General 3 10 Augusta Representative 3 11 Inspection of Work 3 12 Agreement Discrepancy 3 13 Insurance 4 14 Other Insurance 4 2 Scope of Work 4 1 General 4 2 Preventive Maintenance 5 3 Hourly Inspection 5 4 Annual Inspection 5 5 Inspection Continuitv 6 6 Oil Analysis 6 7 Repairs 6 8 Non-Target (Non-Contract) Repairs 8 9 Road Testing 9 10 Other Services 9 a. Assemblv 9 b. Fabrication 9 c. Modification 9 d. Customer Contact of Completed Repairs/Services 9 e. Completed Service Orders 9 f. Waste & Hazardous Waste 9 g. Scrap Tires 10 h. Scrap Metal 10 i. Accidents 10 j. Investigations 10 11 Emergency Road Calls & Towing Services 10 12 Towing 11 3 Personnel and Suooort Loeistics 12 1 Government Personnel 12 2 Contractor Personnel 12 3 Management Staff 12 4 Maintenance Staff 12 5 Staffing Provisions 13 6 Fleet Management Augmented Positions 14 7 Disciplinary Actions 14 8 Uniforms and Professional Attire 14 9 Facilities 14 10 Utilities 16 11 Tools 16 12 Radios 16 SECTION PARAGRAPH TITLE PAGE 13 Vehicles 16 14 Damal!es 16 15 Permits 16 16 Securitv 17 17 Hours of Service 17 18 Emerl!encv Support 18 19 Service Interruptions 18 20 Reoair of Privately Owned Vehicles 18 21 Safety 18 22 Eaual Oooortunity Compliance 18 23 Drug Free Workplace Certification 18 4 Repair Parts 18 1 Parts Supply 18 2 Inventory 19 3 Obsolete Parts 19 4 Repurchase of Contractor Active Inventory 20 5 Reoorts, Records and Billing 20 1 Information Systems Requirements 20 2 Files 20 3 Records Management 20 4 Reoorts 20 5 Monthly Billing 21 6 Ooerating Statement 21 6 Costing Methodology 22 1 Cost Prooosal 22 2 Labor costs 22 3 Parts/Suoolies/Outside Services 22 4 Overhead Expenses 22 5 Administrative Costs and Management Fees 22 6 Cost Incentives 22 7 Additional Costs 22 8 Capital Expenditures 22 9 Directed Work 22 10 Transition Costs 22 11 Adjustments for he Approved Budget 22 12 Unusual Costs 22 13 Annual Adjustments 23 14 Changes in Fleet Size or Mix 23 15 Fundinl! 23 Controlling Law 23 Venue 21 Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinance, this local government instead operates a local small business opportunity program. AGREEMENT FOR FLEET MAINTENANCE SERVICES FOR AUGUSTA. GEORGIA Section One This agreement is made and entered into as of this 31 st day of December 2009, by and between Augusta, Georgia, a political subdivision of the State of Georgia, (herein referred to as "Augusta"), and First Vehicle Services, Inc., 600 Vine Street, Suite 1400, Cincinnati, Ohio 45202, (herein referred to as "Contractor") . Augusta and the Contractor, for the consideration stated herein, agree as follows: 1. AGREEMENT TERM AND TERMINATION: The duration of the Agreement will be from January 1, 2010 to December 31, 2012, for a period of thirty-six (36) months. Further this agreement may be renewed, expanded and extended by mutual agreement in annual increments, provided that the funds for subject Agreement are available and an operating budget is approved by the Augusta Commission and that the Contractor has established a satisfactory record of performance. 2. GENERAL DESCRIPTION OF SERVICES: The Contractor shall provide the full range of fleet maintenance services to Augusta as set forth in the "Scope of Work" at Section 2. 3. DEFINITIONS: Where the following terms occur herein, the intent and meaning shall be as follows: a. Augusta: shall mean Augusta, Georgia, a political subdivision of the State of Georgia. b. Contractor: shall mean First Vehicle Services, Inc. c. Cost Target: shall mean the sum of $3,402,779.86 for the calendar year 2010, $3,517,972.76 for the calendar year 2011, and $3,640,628.66 for the calendar year 2012, as adjusted, if applicable pursuant to Section 7 hereof. d. Surety: shall mean the party who is bound with and for the Contractor to ensure the payment of all obligations and lawful debts pertaining to and for this Agreement. e. Performance and Payment Bond: shall mean the security approved by Augusta and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of this Agreement and will pay all lawful claims. f. Fleet Manager: shall mean the designated representative of Augusta with the Authority to direct the Contractor in the daily performance of the Agreement, but shall have no authority to direct the time, manner, or method of performance. g. Fleet: Shall mean all of the units listed in the equipment table of the Request for Proposal (RFP) and provided in electronic format (excel spreadsheet) of the RFP, and units that may be added to or deleted from the Augusta fleet. h. Agreement Documents: The documents that will form the Agreement includes: the "Request for Proposal", all attachments thereto, the proposal by First Vehicle Services, Inc. and the signed Agreement (ref: paragraph 2.16, page 18, Request for Proposal, RFP Item #09-123). i. Target Services (Contract Services): Target services are generally those routing vehicle maintenance and repair activities that are reasonably predictable and there-fore lend themselves 1 to projection and estimation. Examples of target services include, but not limited to: preventive maintenance services, failures due to fair wear and tear, remedial repairs, compliances, etc. Repairs necessitated by predictable, normal deterioration incurred during the proper operation use of the vehicle and equipment in proper applications. j. Non-target Services (Non-Contract Services): are generally variable in nature and therefore are not predictable; they are also generally dependent on the actions or decisions of individuals other than those who are providing maintenance services, such as vehicle operators and management personnel, and therefore, often avoidable. Non-target service include accident repairs, modifications or fabrications to vehicles, vandalism, repairs from operator abuse, repairs required to extend the life of the vehicles or equipment beyond the normal life cycle or adjusted life expectancy agreed upon and attached here-to. 4. Performance & Payment Bond: The successful bidder shall furnish a Performance and Payment Bond executed by a Surety Company duly authorized to do business in the State of Georgia, in an amount equal to at least one hundred-ten percent (110%) of the annual firm-fixed contract amount, within 15 calendar days of the Notice of the Award. Said bond shall be in full force and effect during the term of this agreement and shall be issued on an annual basis. No contract shall exist until the Augusta Commission receives a duly executed Performance Bond made payable to the Augusta Commission. Failure to provide the Performance Bond as indicated will result in the offer being ruled null and void and the award shall be made to the next most responsive respondent. Payment Bond: A Payment Bond shall be executed in the full amount of the annual firm-fixed amount of the agreement for the protection of all claimants supplying labor and materials in the prosecution of the work. The Performance and Payment Guaranty shall be conditions upon the following: a. if the Contractor performs this agreement between the Contractor and this Government for the deliverables at the times and in the manner prescribed in this Agreement and; b. promptly makes payments to all claimants supplying the Contractor with goods, labor, materials, or supplies, used directly or indirectly by the contractor in the prosecution of and providing the deliverables specified in this Agreement and; c. pays this government all losses, damages, expenses, costs and attorney fees including appellate proceedings in accordance with this Agreement, the Government sustains because of default by the Contractor under this Agreement and; d. provides all deliverables under this Agreement in the time specified in this agreement and such deliverables are accepted by this Government as provided for in this Agreement, then the Performance and/or Payment Bond are released; otherwise they remain in full force. 5. Actions Under Default: To the extent provided for this Agreement, if the Contractor shall be and is declared to be in default under this Agreement, and the Augusta Commission has performed its' obligations hereunder, the funds available under the Performance Bond and Payment Bond may be immediately claimed in their entirety and used by the Augusta Commission as needed to remedy the default, or may be used to: a. complete this Agreement in accordance with its terms and conditions; or b. obtain a proposal(s) for performing this Agreement in accordance with its terms and conditions, and at the Government's option, arrange for a contract between such proposer(s) and this Government and make sufficient funds available as work progresses whether or not there is a default or succession of defaults under any agreement(s) or contract(s) for completion less the balance of this agreed price. 6. Contractor's Relationship to the Commission (Augusta Commission/Government). 2 a. Contractor as Independent Contractor: it is expressly agreed and understood that the Contractor is in all respects an Independent Contractor as to the work and that the Contractor is in no respect an agent, servant or employee of this Government. This contract/agreement specifies the work to be done by the Contractor, but the method utilized to accomplish the work shall be the responsibility of the Contractor b. Subcontracting: The Contractor may subcontract services to be performed hereunder with the prior approval of the Fleet Manager, which shall not be unreasonably withheld. No such approval will be construed as making the government party of, or to, such subcontract, nor shall approval be construed as subjecting the Government to liability of any kind to any Subcontractor. No subcontract shall, under any circumstance, relieve the Contractor of its liability and obligation under this contract/agreement; and despite such subcontracting the Government shall deal through the Contractor, and Subcontractors will be dealt with as workmen and representatives of the Contractor. 7. TERMINATION (Other}: This Agreement may be terminated by the Augusta Commission without cause upon providing the Contractor with at least thirty (30) days prior written notice. Should either party fail to perform any of its obligations under this contract for a period of thirty (30) days after receipt of written notice of such failure, the non-defaulting party will have the right to terminate the Agreement immediately upon delivery of written notice to the defaulting party of its election to do so. The foregoing rights of termination are in addition to any other rights and remedies that such party may have. 8. Severability: If any term or position of this Agreement is found to be illegal and unenforceable, such terms shall be deemed stricken and the remainder of the Agreement shall remain in full force and effect. 9. Manner of Performance-General: The Contractor agrees to perform its duties and obligations under this contract in a professional manner and in accordance with all applicable local, Federal and State laws, rules and regulations. The Contractor agrees that the services provided in this Agreement shall be provided by employees that are educated, trained, experience, certified (ASE-EVT), and licensed in all areas encompassed within their designated duties. The Contractor will furnish all documentation, certification, authorization, license, permit or registration currently required by applicable laws or rules and regulations. The Contractor further certifies that they and their employees will keep all license, permits registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of the Contractor to comply with the section shall constitute a material breach of this Agreement. 10.Augusta Representative: Unless provided otherwise elsewhere in this Agreement, Augusta authorizes the Fleet Manager as the representative a\to act on behalf of Augusta on all matters relating to this a\Agreement an/or services being performed hereunder. The Fleet Manager shall decide all questions, which may arise as the quantity, character and quality of services performed or to be performed pursuant to this agreement. 11. Inspection of Work: The Contractor shall furnish Augusta's authorized representative with every reasonable opportunity to determine whether the work is performed in accordance with the requirements of the Agreement. Augusta may appoint qualified persons to inspect the Contractor's operations and equipment, and the Contractor shall permit the authorized representative(s) to make such inspections at a reasonable time and place. 12. Agreement Discrepancy: Verbal notification of an Agreement discrepancy will be made to the Contractor's General Manager or designee as soon as a discrepancy is identified. The Project Manager shall immediately resolve the problem. The Fleet Manager will determine whether a formal Discrepancy Report shall be issued. If a Report is issued, it will be mailed or hand delivered to the Contractor's General Manager. Upon receipt of the Report, the Contractor is required to respond in writing to the Fleet Manager within the time period specified, acknowledging the reported discrepancy 3 or presenting contrary evidence and presenting a program for immediate correction of all failures of performance identified in the Report. The Fleet Manager will make the determination if the response to the Discrepancy Report is appropriate and resolves the discrepancy reported. Responses that are determined to be unresponsive or inappropriate will be referred back to the General Manager in writing with the reason for inappropriateness. The General Manager will be provided another opportunity to resolve the issues raised. The Fleet Manager has the authority to apply a reasonable penalty, including monetary deductions to the monthly invoice as appropriate to the Discrepancy. When this is done the Contractor will be notified in writing with full justification and the amount to be deducted. The Fleet Manager's decision shall be final. Nothing in this paragraph is meant to limit either party's rights to pursue any action in a Court of Law. 13. Insurance: Prior to the commencement of the Agreement, the Contractor shall obtain and keep in full force and effect until the termination of the Agreement, the following insurance with an insurance company licensed and/or qualified to do business in the State of Georgia, as evidenced by the Certificate of Insurance and/or certified copies of the insurance policy(ies). The Augusta Commission shall be named as an additional insured on all liability policies for claims specifically arising under the Agreement. a. Workers Compensation: statutory minimum limits. b. Employers Liability: minimum of $1,000,000 combined single limit. c. Commercial General Liability: Minimum of $2,000,000 combined single limit of Bodily Injury and Property Damage per occurrence. (Damages to Rented Premises [each occurrence], Medical Expense [anyone person-$5,000], Personal & Adv injury, General Aggregate, and Products- Comp/Op agg). d. Automobile Liability: Minimum of $1 ,000,000 combined single limit of Bodily Injury and Property Damage per occurrence including the following: owned automobiles, hired automobiles, and non- owned automobiles. e. Garage Keepers Liability: (any auto) a minimum of $1 ,000,000 per occurrence. 14. Other Insurance Provisions: a. Each insurance policy required under this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty days prior written notice has been provided to Augusta. If the policy is cancelled for non-payment of premium, only ten days notice is required. b. Worker's Compensation and Employer's Liability Coverage: the insurer shall agree to waive all rights of subrogation against Augusta, its officials, employees and volunteers for losses arising from the activities under this contract. c. Certificates of Insurance and Endorsements affecting coverage required by this clause shall be forwarded to the Fleet Manager, 1568 Broad Street. Section Two SCOPE OF WORK 1. General: The Contractor shall provide preventive maintenance, proactive and reactive remedial repairs, mobile service, tire service, overhaul services, fleet in-processing and de-commissioning, towing, fleet maintenance management and such other associated services as may be required to assure the continuity of effective and economical operations of the Government's vehicles and equipment. The Contractor shall furnish all necessary supervision, labor employee training, technical service manuals, parts supplies and sub-contract work required to maintain the fleet in a state of 4 repair and service consistent with generally accepted fleet practices and as define in this Statement of Work. In addition, the Contractor shall use and maintain a permanent, detailed, automated record for each vehicle, (using the CCG Systems- FASTER software program) provided by Augusta. 2. Preventive Maintenance: A preventive maintenance Inspection (PMI) program is a systematic approach to inspecting a vehicle at planned intervals. This scheduled maintenance is a planned servicing of equipment to maximize vehicle efficiency and to ensure compliance to the established standards set forth by equipment manufacturers and to meet Federal, State and local regulations. a. The primary goal of preventive maintenance is to maximize the equipment availability of the fleet by taking a proactive approach in minimizing unscheduled repairs. b. The PMI program shall be designed in accordance with recognized good fleet management practices and shall meet the terms and conditions necessary to comply with the original equipment manufacturers (OEM) specifications or stricter warranties and recommendations, but may be modified by the Fleet Manager. c. PM Cycle and Costing: The preventive maintenance program/schedule shall, as a minimum, comply with the equipment/vehicle manufacturer's recommendation as published in the owner's/service manual. In general, vehicle PM services will be on a 5,000 mile or 6 month (whichever is first) rotation. Equipment with hour-meters will be serviced at 250 hours or 6 months (whichever comes first) and non-motorized equipment (example: trailers) will be serviced annually. Service requirements will be in accordance with the manufacturers recommended services from the operator's or service manual. PM services will be included in the contract cost. The costing of services and supplies should take into consideration the requirements of the manufacturer for the type of equipment/vehicle. In every case a safety inspection will also be conducted as a part of the service. d. The Contractor is responsible for developing and providing a PM schedule, notifying the user, and performing required maintenance, preventive maintenance, or inspections without requiring any other authority. The schedule should interfere minimally with normal work schedules and must be flexible considering the requirements of the departments. Departments should be notified monthly of which vehicles and equipment require PM services. The current methodology is by email with an attached Excel spreadsheet form. The Fleet Manager will be advised of vehicles and/or equipment that were scheduled but not provided by the user for the service. This will be done monthly and the format will be mutually agreed upon by the Contractor and Fleet Manager. 3. Hourly Inspections: Maintain hourly equipment within compliance of the OEM specifications or as necessary, based on historical data. The format for this type of inspection will be mutually agreed upon by the Contractor and Fleet Manager within thirty days of startup. 4. Annual Inspections: The Contractor will inspect and test all other required gasoline and diesel power-operated equipment on an annual basis in accordance with Federal, State and local laws. Inspections and tests shall be performed by the Contractor in Augusta owned Maintenance Facilities by properly authorized and trained mechanics, or by authorized inspectors from outside sources. The Contractor shall perform these inspections within the fixed price of the Agreement. The Contractor may elect to perform these tests if their employees have been properly trained. Copies of all current certifications must be given to the Fleet Manager prior to commencement of performing the inspections. If no Contractor employee is trained and certified to perform these tests, the Contractor will subcontract these services to a qualified outside source. The cost of performing these inspections by outside vendor will be borne by the Contractor (Target Cost). The Contractor is required to provide for the following mandated annual inspections: a. Aerial truck dielectric testing 5 b. Aerial boom and bucket testing c. Fire truck pump flow testing d. Fire truck aerial ladder testing e. Crane and derrick truck testing f. Shop crane and hoist testing g. Other annual testing as required by the manufacturer with respect to specialty equipment. 5. Inspection Continuity: The Contractor will ensure continuity of inspections by performing the required annual inspections in the same month of the previous year's inspection for each piece of equipment. It is expected the Contractor will schedule all mandated inspection in such a way as to limit equipment downtime. The Contractor may work with the affected department directly to establish the best schedule and time for the inspections. The Contractor will maintain the results of the inspection in the equipment's file. 6. Oil Analysis: The Contractor will perform a scheduled oil analysis with a reputable outside company on all engines, transmission and differentials on wheeled vehicles above 26,000 GVW and every piece of tracked equipment in the Augusta inventory. The oil analysis program can be used by the Contractor to determine when fluids should be changed; therefore, substituting the normal PM cycled timeframes. The Contractor will recommend to the Fleet Manager any vehicles or equipment recommend for the oil analysis program designation. 7. Repairs: Contractor shall make specific repairs to vehicles and equipment that have been identified through PM services, annual inspection, by Department user(s), Fleet Management or by Risk Management departmental reports, and/or breakdown or malfunction. Repairs shall be made as required, limiting the nature and extent or repairs that are consistent with age, mileage and cost to repair criteria of good fleet maintenance. a. Repair Service Timelines: The Contractor shall be required to complete regular repair services within reasonable times. Scheduled contract/target repairs shall be started the same day schedules (including PM services). Unscheduled target/contract repair shall be started with 3 work days. Non-contract repairs require Fleet Management approval and therefore cost estimates shall be prepared and submitted electronically for approval within 3 days of receiving the vehicle or equipment. Parts shall be ordered (if required) within one working day after the non-contract estimate is approved. b. PM Service Timelines: PM Service for light vehicle will be completed within 8 hours or delivery if scheduled by the Contractor; 16 hours for heavy trucks (maximum time allowed). If a vehicle requires repair in addition to the PM Service, the above times do not apply. c. Repair of Small Equipment: The Contractor will be tasked to perform repair work and services of small gas-powered equipment which includes, but not limited to: chain saws, lawn trimmers, push mowers, tillers, pressure washers, tampers, generators, light towers, pumps and sprayers. Target repairs will be limited to any PM Service requirements (parts and labor) of small equipment, blade sharpening or replacement, belt replacement from normal use and normal tire repair or replacement due to fair ware and tear. d. Safety Inspections: Whenever a unit requires any type of maintenance service, the Contractor will also perform a general safety inspection to ensure that the general condition of the equipment 6 meets normal fleet requirements (as well as legal safety requirements of law) prior to the equipment leaving the repair facility. All PM services will include the safety inspection. Safety inspections will be documented on the respective work order. Safety inspections will include, as a minimum the following: > All lights, including turn signals, back up lamp, license tag lamp > Horn > Windshield Wipers > Safety belt > Steering > Braking > Tire Tread e. Fire Extinguishers: Vehicles with that have been issued fire extinguishers but the extinguisher is missing or discharged will be replaced as a non-target cost if the Contractor replaces the extinguisher or at no cost if Fleet Management replaces the extinguisher. All expended extinguishers will be taken to Fleet Management for inspection, recharging and reissue. f. Quick Fix Repairs: The Contractor shall provide a Quick Fix function for minor repairs of less than one hour duration at all repair facilities, when the vehicle operator chooses to wait for the service. This type of repair service is generally allocated to items such as windshield wipers, tire repair or replacement, topping off fluid levels, lighting repair or replacement or other such associated light- duty repair services. g. Tire Services: The Contractor will provide comprehensive tire services including tire management, inflation, maintenance, repairs, rotation, mounting, demounting, disposal and disposal fees, replacement, wear management, balancing, field tire services, warranty management, inventory security and maintenance of an inventory of mounted spares. The contractor will replace tires when tires have reached minimum tread depths as specified in Georgia law appropriate to the type vehicle with the expectation that law enforcement, pursuit vehicles (assigned to Sheriff' Office- Road Patrol, Narcotics Division, CID) shall have a minimum of 4/32 tread. h. Warranty and Recall Work: The contractor will negotiate, manage, administer, claim and recover all warranties and recalls offered by vehicle manufacturers, parts and component suppliers, and any subcontracted repairs. The contractor will add warranties to Augusta's MIS (CCG Systems- FASTER) warranty recovery module and return proceeds to Augusta via credits against target or non-target invoices. The contractor is encouraged to obtain authorization from the various vehicle manufacturers to perform in-house warranty work on Augusta vehicles in order to reduce the turnaround time for warranty repairs. The deciding factor on warranty repairs is to obtain the quickest turnaround time. i. Outside Repairs: The Contractor's bid proposal response will define the typed of repairs that will be or anticipated to be conducted by subcontractors, outside Augusta facilities. The Contractor is responsible for arranging and managing the conduct and performance to Contract requirements of all outsource venders for any repairs that are not performed "in-house". All responsibility for the administration, invoicing, quality control, vehicle movement, vehicle security, etc. shall be that of the Contractor. Subcontractor invoices will be accepted solely by the Contractor and must be addressed to the Contractor, not Augusta. j. Seasonal Equipment Preparation: The Contractor shall coordinate with the Fleet Manager to set up a program to ensure seasonal equipment is fully serviceable prior to the start of each season. Requirements include annual inspections and operational maintenance of air condition and engine cooling systems during warm weather and the winterization of vehicles and equipment 7 during cooler months as applicable. Charges for all seasonal preparation will be included in the target cost. k. New Vehicle Preparation: The Contractor is responsible for all vehicle and equipment preparation which is brought into the fleet by the Fleet Manager. The Contractor will perform the installation of Government seals or insignia decals and equipment asset and bumper numbers as directed by Fleet Management. The Contractor will include in the target price, the cost of all seals, insignia and lettering with eh exception of those insignia badges or seals for public safety use. These seals will be provided by the respective department. I. Vehicle Disposal Preparation: Vehicles and equipment being removed from the normal Government fleet shall be prepared for disposal/auction sales or storage by the Contractor. Costs associated with disposal prep will be included in the target cost. Preparation shall include, but not limited to: 1. The Contractor will provide a general vehicle condition assessment using a form provided by Fleet Management. 2. The Contractor will remove all insignias and lettering so that 0 distinguishable insignia or lettering will remain to identify the retired unit as a Government vehicle. 3. The Contractor will remove all emergency equipment from Public Safety vehicles and equipment. Equipment to be removed include: spot lights, emergency lights, emergency power boxes, camera systems, sirens. 4. The Contractor shall make minor, cost effective, target cost repairs to increase the resale value of the vehicle (example: replace dead batteries). 5. The Contractor will transport the equipment; to include the cost of any towing required, to the Government storage site or auction site as a target cost for a "one time" movement cost. Any charges for moving the vehicle or equipment more than once will be charged as non-target cost. 8. Non-Target (Non-Contract) Repairs: a. Repairs for Operator Abuse: Operator abuse is defined as mechanical damage or breakdown caused by the operator through the improper operation of the vehicle or equipment or failure of the operator to provide the vehicle for scheduled service. The Contractor shall identify repairs caused by suspected operator abuse and shall forward estimates for repairs to the Fleet Manager with the proper coding. Fleet Manager will be the final authority in deciding operator abuse. All repairs coded as operator abuse will be a non-target cost. b. Repairs for Vandalism: Is defined as government property is damaged by an individual and causes mechanical or component damage to a unit through no fault of an Augusta Employee or Contractor Employee. Examples would include: theft of parts, deliberate damage to equipment from unknown parties, damage caused by suspects being transported in Government Vehicles and other such damage. Vandalism is charged as non-target. c. Directed Work: The Government may direct the Contractor to perform additional tasks under this Contract. No such work shall commence without the Contractor receiving authorization to proceed from the Fleet Manager. It is the intent of the Government that all such work does not reduce the level of service that is provided for in the fixed price portion of the contract. Directed 8 work shall be charged as non-contract. Directed work may include, but not be limited to the following: 1. Welding, fabrication or repair services to other than fleet equipment. 2. Repairs of equipment outside life expectancy. 3. Accident repairs Operator abuse repairs 4. Repairs for Vandalism Repairs due to acts of God Emergency Services 9. Road Testing: The Contractor must conduct a road or appropriate operations test on all vehicles and equipment that have had a safety related repair or adjustment. The Contractor, by releasing the equipment or vehicle back to the department or Augusta employee, implies that the vehicle and/or equipment is/are safe to operate. All such driving or operations check will be charged as a target cost. 10. Other Services: a. Assembly: The contractor will be tasked, at times, to perform assembly which is the initial piecing together or assembly of equipment purchased and delivered in packages, boxes or crates. The scope of the nature of assembly of small equipment shall be considered as a targeted cost. It is the intent of Fleet Management to procure most equipment in a state of ready use. b. Fabrication: defined as the construction of a vehicle or equipment component. Fabrication includes, but is not limited to the manufacture of an assembly or a component of security screens and bars, light bars, mounting racks, panels and switches and body parts or bodies, ventilators, racks, bumpers, customization and reinforcing. Fabrication is considered as directed work by the Fleet Manager and shall be charged as non-target. c. Modification: defined as an alteration of a vehicle or equipment component. Examples of modification would be the installation of accessory equipment that was not installed upon delivery of the vehicle or equipment. Modification is considered as directed work by the Fleet Manager and shall be charged as non-target. d. Customer Contact of Completed Repairs/Services: The Contractor will immediately notify all Departments or operator by telephone, radio or email when repairs or services have been completed. The Fleet Manager will be informed if the vehicle or equipment is not picked up within a reasonable time on the second notification. e. Completed Service Orders: The Contractor will provide a copy of the completed work order, generated by the FASTER work order system ("Customer" copy) to the employee picking up the vehicle or equipment at the time of pick up. f. Waste & Hazardous Waste: The Contractor shall be responsible for disposal of all trash and other wastes generated during the course of the Contract/Agreement. The Contractor shall hold Augusta, its elected officials and employees free of liability for all actions of the Contractor relating to waste disposal. The Contractor is responsible for good environmental management of all waste created to prevent pollution, encourage recycling and meet all laws and regulations pertaining to waste handling relating to its operation of this Contract/Agreement. This includes the proper required documentation and implementation of programs and training associated with hazardous waste and proper reporting of incidents associated with hazardous waste. 9 g. Scrap Tires: The Contractor is responsible for the proper disposal (and associated required documentation) of scrap/sued tires from the Augusta fleet. Tires with resale value may be sold to tire venders and all revenues acquired from the disposal of such tires will be reimbursed to the Augusta Commission. h. Scrap Metal: All recyclable scrap metal will be sold to local scrap metal recyclers. The Contractor shall arrange for storage bins to be located at each major repair facility by the recycler and all revenues acquired from the sale of scrap metal will be reimbursed to the Augusta Commission. Accidents: The Risk Management Department is responsible for coordinating repairs for damages to vehicles resulting from accidents. The Contractor will assist in assessing the extent of mechanical damage associated with vehicle accidents. This will be coordinated through Fleet Management. Preparation of estimates will be charged as target costs if done during the normal workday. Actual repairs will be covered as non-target. k. Investigations: The Contractor shall support the Government with technical investigations related to the automotive and truck fleet. Such investigations may support accidents, fire, or other issues of a technical nature. The cost of this service will be included in the targeted cost. 11. Emergency Road Calls and Towing Services: a. The Contractor shall provide emergency road call service, including towing service for vehicles in the vehicle fleet on a twenty-four (24) hour, seven days per week basis. b. Emergency road call service is considered as repairs to vehicles and equipment that require immediate repairs to allow continued usage of equipment without having the equipment moved to the repair facility. Examples include but are not limited to tire repair 0 replacement, clogged fuel systems, dead batteries or no-start problems and drive-shaft problems. c. During normal business hours, the Contractor shall have persons on call to expeditiously respond to emergency-road service calls for equipment breakdowns and the targeted response time shall be less than 60 minutes within the County limits. After normal business hours, the Contractor shall have persons on call to handle emergency-road service calls for equipment breakdowns, with a targeted response time of no more than 120 minutes with the County limits. d. The Contractor will ensure that repair personnel are sent to equipment breakdowns to determine if repairs can be made on-site or it towing services are required to deliver equipment to the repair facility. The on-site technician will carry a compliment of tools and repair parts necessary to eliminate excessive downtime or repeated trips to the repair facility. e. The Contractor will have a minimum of one mechanic selected daily as the emergency-road- service person at both the Broad Street Shop and Tobacco Road repair facilities. f. The Contractor will ensure that no more than two service personnel are out of a repair facility at anyone time for emergency-road services. g. The Contractor may select to utilize out-source repair vendors to assist in expediting the emergency-road-service calls, but the Contractor must ensure the targeted response times remain in effect. Failure of the Contractor to ensure that the response times of out-source repair venders meet Agreement requirements shall be considered as a Contract discrepancy. 10 h. The Contractor will include in the Cost Target (Contract Cost) the emergency road call services inside the Augusta's defined support area. The Support area for Augusta will be within a 50-mile radius of the Broad Street repair facility. The Contractor will assist Augusta in emergency-road- service calls for "outside the support area" problems by arranging maintenance and/or towing services. i. Fleet Management and the Contrator will review the "outside the support area" changes and determine appropriate reimbursements as non-targeted expenses. 12. Towing: a. The Contractor shall tow any Augusta owned or leased equipment requiring this service, regardless of whether or not the cause is a repair, tire service or other breakdown incident, regardless of location. b. Accident towing is the responsibility of the Risk Management Department and should be charged as non-contracUnon-target. It will not be included as part of the Contract cost. c. The Contractor will include, as a target expense, towing for equipment that is six (6) years old or newer. The "in service" date entered in FASTER will be the date used for determination of Target or Non-target. d. It will also include any towing associated with comeback repair. e. Exceptions to the "6 year rule" include: confiscated vehicles added to the fleet, used vehicles added to the fleet. These vehicles will be charged as non-target. f. If the Contractor selects to perform this service with an outsource vendor, the related service will be awarded annually to a single point-of - contact dispatch provider. The Contractor will make bid documents for towing services available to the Fleet Manger upon request. g. The Contractor may utilize multiple vendors for the service, but only one telephone number can be given out regardless of which vendor provides the towing service. h. The Contractor will provide the towing service number to all user departments and the Fleet Manager. The Contractor is responsible for notifying using departments and the Fleet Manager of any changes to the towing service number. i. The acceptable response time during normal business hour is 60 minutes and no more than 120 minutes for all other times. j. Equipment users shall be authorized to make contact for towing services to transport the equipment to the repair facility, if in the best interest of Augusta. k. The fleet MIS system shall track vehicle emergency road call breakdowns and towing expenses for informational retrieval by Fleet Management 11 Section Three PERSONNEL and SUPPORT LOGISTICS 1. Government Personnel: The Augusta Fleet Manager will have full authority to supervise the Contractor's performance in daily operations of the contract and shall provide direction to the Contractor in areas relating to policy, information and procedural requirements. The Fleet manager is not authorized to make any changes in the terms and conditions of the contract without the approval of the Government Administrator and the Augusta Commission, as appropriate. The Fleet Manager shall operate in the capacity as Contract manager for Augusta. In the absence of the Fleet Manager, for periods of vacation, short illness' or temporary periods of authorized absences; the administrative assistant shall have temporary authority as the Contract Manager. 2. Contractor Personnel: The Contractor will designate whom the following Contractor personnel will be when the proposals are submitted and must designate the personnel prior to award of the contract. a. Manager: The Contractor shall provide a Contract Manager, Project Manager or General Manager who will liaise with the fleet Manager and have full authority to act for the Contractor on all contract matters relating to the daily operation of the contract. b The Manager shall have a minimum of five years experience in the management of fleet maintenance and services. The manager must be able to speak, read, write and understand English. c. The Manager shall be available through the normal 8 hour work day, Monday through Friday, except Government recognized holidays. The Fleet Manager will be notified in writing (or email notification) when the Contract Manager will not be in the Augusta area and available to respond to the Government needs. d. Any changes in the Manager and designated alternate shall be subject to advance written approval by the Fleet Manager. Such approval shall not be withheld unreasonably or for an unreasonable length of time. 3. Management Staff: The Contractor shall provide a professional management staff with the proper skills and training in providing the required fleet maintenance and management services. Management staff includes shop supervisors, and parts/supply supervisor. 4. Maintenance Staff: Contractor shall provide maintenance staff personnel with the proper skill and training in providing the required fleet maintenance services. a. The contractor is responsible to ensure their staff is kept abreast of the latest technology. The Contractor will provide a budgeted training schedule for all eligible maintenance personnel in the targeted cost. b. The Contractor is required to maintain ASE certifications for maintenance personnel in the following categories: 1. Automotive Repair 2. Air Conditioning Recovery and Recycling 3. Advanced Engine performance 4. Medium and Heavy Truck Repair 5. Medium and Heavy Truck Electrical Diesel Engine performance 6. Alternative Fuel 7. Parts Specialist 12 C. The Contractor is required to maintain the proper EVT certifications for maintenance personnel in the following categories: 1. F-2 Design and Performance Standards and Preventive Maintenance of Fire Apparatus. 2. F-3 Fire Pumps and Accessories 3. F-4 Fire Apparatus Electrical Systems 4. F-5 Aerial Fire Apparatus 5. F-6 Allison Automatic Transmissions 5. Staffing Provisions: The Contractor shall have the responsibility for selecting personnel to perform the services to be provided here under. The positions and salaries/wages under the direct supervision of the Fleet Manager are not negotiable. a. No applicant with a record of arrests involving a crime of moral turpitude will be hired within two years of the date of that arrest, unless such person is found not guilty of such offense. b. No applicant, with a felony conviction will be hired to provide repair services to publiC safety equipment. C. The Contractor is responsible for conducting appropriate background checks on prospective new employees and will describe their process in the proposal. If an outside agency is used the agency must be identified in the discussion. d. All contractor employees will have a valid driver's license, with proper endorsements, in performance of their job responsibilities. The Contractor will review driver's license semi-annually and dismiss any employee who fails to have a valid driver's license (loss of job qualification). Fleet Management will be provided a memorandum stating that an inspection of employee's licenses has been conducted in accordance with the "Maintenance Agreement" and that all employees are in compliance or not in compliance. When not in compliance a statement of intent to comply and actions to be taken to comply will be made and sent to the Fleet Manager. e. The Contractor is responsible for performance evaluations of its employees. f. The Contractor is responsible for providing employees pay for work performed, every week, two weeks or bi-monthly. g In the event that the Contractor has open targeted position(s) for a period in excess of 45 days the Contractor will credit the targeted cost of the open position(s) from the monthly fixed-target invoice(s) until the position(s) is/are filled. The following base rate wage will be used for the purpose of this provision: Automotive: Tech 1 = $14.25; Tech 2 = $12.25; Tech 3 = 9.25 Medium/Heavy: Tech 1 = $15.25, Tech 2 = 13.25, Tech 3 = 10.25 h. The Contractor shall include in the cost proposals an annual cost of living allowance increase for employees as well as other incentives (ASE/EVT incentives). The Contractors intent shall be discussed in the proposal. 13 k. Contractor Benefits: The Contractor shall have sole responsibility for determining and providing health and other related benefits for the Contractor employees, however they must comply with the provisions as set forth in the Request for Proposal and the Contractors response to the Request. 6. Fleet Management Augmented Positions: The Contractor will provide for the positions listed below with all pay and allowances included as part of the cost target. These employees will work under the direct supervision of the Fleet Manager. The Fleet Manager reserves the right to select the candidate, the rate of pay and the employee's work hours. The employee will be eligible for the same holidays as the other Contractor personnel. a. Fleet Operations Assistant: Assists the Fleet Manager in preparation of bid specifications, communicates with venders, obtains pricing information, and researches technical specifications of vehicles and equipment and other duties associated with the procurement of new equipment. Provides administrative support for the licensing and registration of all vehicles and equipment in accordance with Georgia law. Provides technical advice and/or information to Directors, Assistant Directors, Superintendants and supervisors on equipment and capital expenditures. b. Fleet Operations Specialist: Responsible for the preparation of new vehicles and equipment for issue and decommissioning of fleet vehicles. Provides support to the Administrative Assistant for warehousing excess equipment. Provides maintenance support for grounds maintenance of the Fleet Management area. Provides minor repair services for vehicle damages including the exchange of body type parts, buffing of vehicles, exchange of seats or other parts. Responsible for the accountability of direct exchange parts and equipment. Maintains pool vehicles, coordinates repairs and inspects the vehicle for safety problems. c. Quality Assurance Representative: Responsible for the inspection of vehicles and equipment leaving the repair facility to ensure repairs services are proper and recorded under the MIS system, that all labor is accounted for as well as parts and sublet charges. Reviews work orders to ensure proper posting. Assists the Fleet Manager and General Manager in observations of shop operations for better efficiency. 7. Disciplinary Actions: Where in the case that Fleet Management finds actions by Contractor personnel affecting contract performance, the Contractor shall take disciplinary action on employees as appropriate. The contractor shall be responsible for removing and replacing any Contractor employee performing services hereunder, when reasonably requested to do so by the Government. In these cases the request by the Government will be in writing stating the cause for such request. 8. Uniforms and Professional Attire: The Contractor will ensure their employees maintain a professional appearance at all times while performing the requirements of the contract. Technicians, shop helpers/porters, laborers, janitors, Service Coordinators/writers, QA representative(s), Fleet Operations Specialist, Shop Supervisors shall bein appropriate uniforms. This shall be included as part of the target cost. Administrative personnel and parts personnel shall be dressed in appropriate dress as determined by the contractor policy. The contractor is also responsible for appropriate safety foot ware and other safety apparel (eye protection, hearing protection, safety vests). Uniformed shirts should include the Contractor's logo, first name of the technician and certification patches as appropriate. Proposals shall address the proposer's intent regarding attire. The cost of such uniformed apparel and safety apparel may be included in the Target cost. 9. Facilities: Notwithstanding anything to the contrary contained herein, the Contractor agrees to indemnify, defend and save harmless the Augusta Commission and its employees, agents and servants from any claim, cause of action, or lawsuit brought against the Government or Elected Officials, or its employees, agents and servants as a result of the possession, operation, handling or transportation of the repair facilities or the equipment contained therein; except to the extent that such claim, cause of action, or lawsuit arises from or in connection with the negligence or willful misconduct of the Commission, its employees, agents or servants. 14 a. Location: The following is a listing of the repair facilities by location and type of work performed at each site: (This Government will not entertain recommendations to consolidate any of the facilities) 1. 1568 Broad Street Repair Facility: - 23 bays with 8 lifts for automobiles, light truck - 1 ton and under, motorcycle repair and lift, firefighting equipment and small gas-powered equipment. Includes parts room, parts storage area, and administrative offices. 2. 402 Walton Way Repair Facility: 2 bays with 2 lifts for Sheriff's Office administrative type vehicles. Focus is on PM services, quick fix repairs and light duty repairs. 3. 2314 Tobacco Road Repair Facility: 10 bays no lifts, services all trucks over 1 ton, off- road/construction equipment, trailers and tractor mounted grass cutting equipment. Includes parts room and administrative offices. Provides the full range of service repairs. 4. 2027 Lumpkin Road: 2 bays for small engine repair in support of the Recreation Department. b. Facilities Use: The facilities will remain the property of the Government. The Government will lease to the Contractor the maintenance facilities listed above for the charge of $1.00 per year. The Contractor's first fixed-target monthly invoice each year will show a credit for the lease cost. The Contractor shall not use the facilities, for work on vehicles or equipment not owned or lease by the Government unless otherwise directed in writing by the Government's Fleet Manager. The Contractor shall not use the facilities, which shall in any way conflict with any Federal, State or local law, statute, ordinance, rule, order, regulation or requirement, now in force or which may hereafter be enacted or promulgated. The facilities include compressors, lifts, welders, and specialty garage maintenance tools located at each facility. Augusta will be responsible for annual lift inspections and repairs to specialty tools/machines as required. c. Facilities Inspection: Between the date of contract execution and the date that the Contractor actually takes over the facilities, a complete physical inventory of the office and shop equipment will be taken by representatives of the Contractor and Government to determine what the Contractor shall be responsible for. The physical facilities, office and shop equipment provided for the term of the contract will become the responsibility of the Contractor and will be returned to the Government upon completion of the contract in the same condition they were provided to the Contractor, except for normal wear and tear. The Contractor hereby acknowledges that the Government has made no representations or warranties regarding the condition of the facilities. The Contractor will accept the facilities in their present state and condition and waives any and all demand upon the government for alterations, repairs or improvements thereof, excepting those items which do not meet local, State or Federal laws. Any cost to improve the facilities to meet said standards will be the responsibility of the Government. There are no known concerns or liabilities currently existing with the waste oil tanks at the repair facilities. The Contractor is responsible for conducting a monthly facilities inspection using a format acceptable to the Fleet Manager. d. Facilities Maintenance: The physical facilities will be maintained by the Government unless such repairs are caused in part or whole by an act, neglect, fault or omission of the Contractor, its agents, servants or employees. If defects, degraded conditions or needed repairs in any facility are found, the Contractor will notify Fleet Management for the execution of repairs by the Government. Facility repair work will not be included into any portion of the targeted Contract cost. The Contractor is responsible for normal routine maintenance of facilities including: interior housekeeping, general cleaning, sweeping, mopping, dusting, disposal of accumulated waste materials and rubbish, minor plumbing (such as stopped up toilet or sink), janitorial maintenance and supplies as required to maintain a safe environment. The Government will contract pest control services and trash removal to the solid waste facility of normal waste (dumpster). The Government will pay for the proper inspection and refilling or replacement of fire extinguishers 15 assigned to each facility but the Contractor is responsible for the routine monthly inspections of facilities extinguishers and coordinating with Fleet Management on technical inspections or services required. 10. Utilities: The Government will supply those utilities necessary and customary for the proper operation of the facilities. Each facility will include an appropriate number of telephones, computers, and printers for operations. These costs are charged directly to the Government as part of the Fleet Management operating budget and should not be included in the proposers budget proposal (exception is the copy machines). Any communications requirements used solely for corporate communications will be the responsibility of the Contractor. The Government may require a telephone usage log on long distance calls be submitted monthly to ensure compliance. The format will be determined when and if a log is directed. The Contractor is responsible for implementing a utilities conservation plan for each of the facilities. 11. Tools: Fleet Management maintains an annual budget for the replacement or addition of necessary tools and equipment as vehicle and equipment technological changes develop. The Contractor will assist the fleet manager in determining the tools required in the performance of maintenance mission and will submit requests for consideration. Specialty tools of less than $100.00 each will be the responsibility of the Contractor to purchase. The Contractor's decision to not purchase a specialty tool and the resulting affect could be cause for a Contract Discrepancy if the resulting affect caused a delay in the repairs. None of the Mechanical tools associated as "tools of the trade" for each type of mechanic assigned at the repair facility will be provided by the Government. 12. Radios: Portable radios and two "base stations" will be provided by the Government for use by the Contractor to facilitate communications with Departments. The cost of radio operations (air time) will be the responsibility of the Government. The Contractor is responsible for the security and accountability of those radios assigned to the facilities. 13. Vehicles: A limited number of vehicles and specialty equipment, such as forklifts, and work trucks will be supplied by the Government. The Fleet Manager will have the authority to provide or remove equipment based on the needs and availability of such vehicles. Fuel for these vehicles will be provided by the Government and will not be included in the proposers target cost proposal. The Government disclaims any and all express or implied warranties on the equipment, disclaims any implied warranty of merchantability of the equipment or the warranty of fitness for a particular purpose, and the Contractor agrees that the equipment is "as is" and "with all faults". Repairs to vehicles will be incorporated into the normal repair operations of the Augusta Fleet. All PM services will be considered ContracUTarget repairs. All labor for repairs on vehicles and equipment used by the Contractor will be covered under Contract Cost/Target Cost. Parts for repairs shall be charged as ContracUNon-Contract as appropriate to the classifications identified herein. The Fleet Manager shall approve or disapprove any repairs classified as Non-ContracUNon-Target. The Contractor shall assume the risk of loss, damage, or destruction of any Government furnished vehicles, equipment and tools. Liability for the injury, disability and/or death of workers and other persons caused by the operation, handling or transportation of the equipment during the contract period shall be the sole responsibility of the Contractor. 14. Damages: The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the contractor's fault or egligence in connection with the performance of this contract. 15. Permits: Contractor shall, without ad itional expense to the Government, obtain all local, State and Federal business and other licenses nd permits required for the performance of work. A copy of all licenses and permits will be displayed at each shop location and copies will be given to Fleet Management. The Contractor shall b required to maintain a Business License from the Augusta Licensing Department. 16. Security: 16 a. General: The Contractor shall en re the security and confidentiality of all facilities and documents provide by the Govern ent and all such measures must be approved by the government. All reports and reco s including maintenance records are to be considered property and may only be used fo the conduct of Government and Contractor business. b. Facilities: The Contractor may ch nge the locks on any or all the maintenance facilities and equipment leased for the duration f the contract. The Contractor shall provide properly tagged, duplicate keys to the Government leet Manager immediately after any change is made. The Contractor is responsible for the i plementation of proper security measures, policies and practices associated with building ecurity. c. Vehicles and Equipment: The C ntractor is responsible for vehicles and equipment accepted for service at each of the repair facilit s. Although all facilities are fenced access is not restricted at this time. The Contractor shall ta reasonable precautions to ensure the safety and security of vehicles and equipment under the care. Light vehicles serviced at the Broad Street Shop that have had windows kicked out or a missing for various reasons should be moved inside at the end of the work day and secured prevent theft, vandalism or weather damage to the interior. It is recommended the Contractor i lement a policy of quick "walk around" inspection of all vehicle being brought into the repair facili to identity any damage or missing items and report those observations to the owner depart ent or Fleet Manager. d. Found Damage: The Contractor all report any found damage to vehicles or equipment that is not associated with the normal op ration of such vehicles or equipment if it appears the damage is new. This will be reported to Ri k Management and Fleet Management. Repairs should be delayed until the vehicle or equip ent has been inspected by Risk Management or Fleet Management. 17. Hours of Service: The Contractor wi! normally operate an 8 hour day, 40 hours per week from 7:00 A.M. until 4:00 P.M., Monday through riday. Holidays shall coincide with those of Augusta, usually 10 days per year (New Years, MLK D ,Good Friday, Memorial Day, Labor Day, Thanksgiving (2), Christmas (2). These are announced t the beginning of each new year. Repair facilities may be required or may request to adjust thei hours to better support Government Departments that may adjust for seasonal or climatic change . The Contractor normally will have discretion over shop and shift hours as long as vehicle availabil y remains at acceptable levels and the Fleet Manager concurs. Any changes in shop hours ill be announced prior to the change. Vehicles and equipment brought to the repair facility by user d artments will be accepted for PM or repair services throughout the normal work hours, in ding Contractor's break or lunch periods. The Contractor is expected to provide quick fix repairs a any time during the workday including lunch. 18. Emergency Support: a. In addition to normal hours of ope tion and upon one-hour notification during normal business hours, the Contractor shall repair quipment seven days a week, 24 hours a day at any location designated by the Fleet Manager. During non-business hours, the Contractor shall repair emergency vehicles as expeditiou Iy as possible. At no time shall the period between notification and commencement of repair exc ed two hours. The Contractor shall provide the Fleet Manager with an after-hours emergency co tact telephone number for use in emergency situations. In most cases, emergency support d ring non-business hours is a non-contract (directed) work. The Contractor will inform Fleet Mana ment the next working day, of all after-hours emergency support accomplished for cost ch ge determination. b. The Contractor shall mobilize the duration of any Government Rec major fires, floods, earthquakes, include adequate staffing to ensu Government. Should an emerge hop and provide repair and maintenance services for the nized emergency. Emergencies include, but are not limited to il disturbances and disaster emergencies. Such service shall continued vehicle operations at a level determined by the y require performance of services beyond the capability of the 17 Contractor, the Government may erform or supplement performance of contract services with Government personnel or non-co tract vendors. Such performance shall not constitute a breach of the contract by the Governme . Such work conducted outside the normal work day will be charged as non-contract. 19. Service Interruptions: Should servi es be interrupted or reduced during the term of the contract by the Contractor employees work stop ges or slow downs, the Contractor shall continue services by whatever means available, and shall cur all reasonable related costs associated with the alternate system. If the contractor fails to sup an alternate system, the Government shall have the right to continue services by whatever mean available and charge any reasonable costs associated with the alternate system to the Contractor. F rther, such interruptions, directly attributable to failures, omissions, or conduct on the part of t e Contractor or the Contractor's employees shall be grounds for termination of the contract. In the vent the Contractor is unable to provide the services as specified in this Agreement because f any act of God, civil disturbance, fire, riot, war, terrorism, picketing, strike, labor dispute, labor ortages, governmental action or any other condition aor cause beyond the Contractor's control, Aug ta shall excuse the Contractor from performance under this Agreement. and Equipment: No use of the Government facilities, land, ed to effect repairs on any privately-owned vehicle or ntractor owned equipment or vehicles supporting this contact. rovided equipment shall be at the risk of the Contractor and the 20. Repair of Privately Owned Vehicle specialty equipment or tools may be equipment with the exception of the Any repairs performed on Contractor Government shall be held harmless. 21. Safety: The Contractor shall be resp their employees to comply with local, should address their intent or outline contractor will provide a copy of writt nsible for implementing a comprehensive safety program for tate or Federal guidelines affecting job safety. Proposers eir policies/program as part of their proposal. The selected programs, policies or directives to Fleet Management. 22. Equal Opportunity Compliance: Th Augusta Commission and the Contractor are subject to the requirements of Executive Order 112 ,Section 202, Equal Opportunity; Executive Order 11625; Section 402 of the Vietnam Era Vete ns Readjustment Act of 1972, as amended; Section 503 of the Rehabilitation Act of 1973, as amend ; and related rules and regulations of the Department of Labor and the Office of Federal Contract C pliance Programs. Attachment J of the RFP is hereby incorporated into this Agreement by r ference. 23. Drug Free Workplace Certification: he Augusta Commission has a zero tolerance policy on prohibited drug use and an aggressiv drug testing program. Augusta complies with all State and Federal requirements for drug testing The Contractor is required to comply with the requirements of O.C.GA 50-24-3 which is a certificat n of establishing a Drug Free Workplace. The attached certification will be required to be sig d by the Contractor for each year the Agreement is in affect. The contractor is also required to hav a testing policy that complies with Federal Transit requirements as this Government rec ives Federal and State funds for Transit operation and must therefore comply with State and Fed al drug testing requirements. Drug testing is required for pre- employment, post accident, random, nd probable cause. The Contractors program must be published in writing and is subject to view by the Government's Risk Management Department. Section Four REPAIR PARTS 1. Parts Supply: a. General: The Contractor will pro re and furnish all parts, materials, supplies and fluids (except fuel) required for the operation a maintenance of all vehicle and equipment of the Augusta Commission under this contract! reement. The Contractor shall procure repair parts at its 18 discretion, utilizing best business j price and highest quality and that outlined elsewhere in this request procurement is preferred, excepti means and are not available in th b. OEM Parts: Parts installed by the manufacturer's (OEM) specificati for coverage under their equipme penalties due to damage and part generic components and shall hol the cancellation of warranties shal the warranty period. dgment, to provide the Government with products of the best ill ensure meeting all relevant standards of performance as r proposal.. The use of local area venders for all such any parts or specialty items that require purchase by other local area. ontractor shall meet or exceed the original equipment and must meet the equipment manufacturer's requirements warranty programs. The Contractor will accept all risks and I or complete voiding of equipment warranties in the use of the Government harmless. Repairs to such equipment due to be the responsibility of the Contractor during the remainder of , c. Parts Options: The Contractor m y propose alternative parts supply options, during the course of this agreement, such as but no imited to, consignment parts, single source suppliers, Just-In- Time purchasing, or subcontractin . The use of a supplier, located within the repair facilities can be accomplished but the Govern nt accepts no physical or financial responsibility and shall be held harmless by the Contractor a d all other parties. d. Taxes: The Contractor will be req ired to pay all applicable taxes on parts and supplies purchased for their own use. e. Parts Information and Documenta on: The Contractor will use the appropriate modules and tabs within the CCG Systems-FASTE application to document all aspects of parts management for the Government. 2. Inventory -General: The Contractor ill be totally responsible for parts accountability and security. 3. Obsolete Parts: By direction of the FI other remaining inactive, excess and direct the Contractor to establish a se for the safeguard, control and usage a. Parts Inventory: The Contractor inventory to minimize downtime. used" basis, without mark up. c. Parts Warranty: The Contractor information is managed. All repai warranty information entered into within the part being replaced is s, d. Core Charges: The Contractor s charges normally associated with core charges to any repair order f non-returnable parts will be listed et Manager, the Contractor will administer the disposal of all solete parts in the Government stock. The Fleet Manager will ndary inventory location in the Fleet MIS system to account such inventory until it is used or disposed. responsible for maintaining an adequate "on demand" hese parts will be charged back to the Government on an "as ill insure that tracking of replacement repair parts warranty parts placed in the inventory will have their prospective e MIS system. The MIS system will alert shop management I within its warranty period and that recovery is possible. II have the responsibility for absorbing the cost of all core placement parts. In no case shall the MIS system charge returnable part cores. Core charges for damaged, unusable, s a separate item on repair orders. e. Cannibalized Parts: The contrac r shall have the option to request from Fleet Management the ability to remove parts from accid t-damaged or salvaged vehicles for reuse. The removed part may be utilized on other fleet vehi les if the condition of the used part is safe and serviceable. f. Tires: The Contractor will replace orn or damaged tires on vehicles with replacement equal to or exceeding the equipment manufa urer's recommendations. The Contractor will follow the manufacturer's recommendations or repairing of tires to ensure vehicle and equipment safety. 19 The Contractor will comply with t restricted repair capability on V-Rated tires used on public safety vehicles. Tires will be repl ced on automobiles and pickup trucks when 3/32 of an inch of usable tread is remaining across e entire tire crown. If any area of the tire crown is below 3/32 of usable tread or if any wear bar s showing the tire will be replaced. Any tires that are out-of- round or having flat spots will be , placed regardless of tread depth. The Contractor will comply with the requirements of the Stat of Georgia for tread depth applicable to vehicles requiring CDL licenses as well as tread pattern nd recaps. Re ventory: The Government shall have the option to purchase, emand su orted repair parts in inventory upon completion or rnment chooses to purchase any parts that the Government air parts, a joint complete physical inventory will be taken by the contractor. Payment for the acquisition of the Contractor's thin one hundred and eighty (180) working days of contract 4. Re-Purchase of Contractor Active at cost from the Contractor the entire termination of the Contract. If the go considers valid, demand-supported r representative of the government an demand supported inventory will be expiration. Section Five rts Records and Billin , 1. Information Systems Requirement.: The Contractor will be required to use Augusta's existing fleet management information system, CC System - FASTER. The Contractor will follow all Augusta policies and procedures for maintena ce and use of the system. The Contractor will operate the system in real time mode with work 0' ers opened immediately upon receipt of an Augusta vehicle or equipment and timely input of alllabo, parts, sublet and other data relating to the vehicle or its repair. FASTER Update seminars are norm' y scheduled each year and the Contractor is required to have one representative that is the "subjec. matter expert" (SME) in the use of the system. To maintain continuity of information and training , e Contractor should budget for the attendance of the SME normally held in or around Norfolk, V 2. Files: The Contractor shall maintain complete file of service manuals, service and technical bulletins, lubrication charts and other formation needed to properly service and repair the fleet. A hard copy history folder shall be main ined by the Contractor for each vehicle. The file will contain, in chronological order, the last repair rder in front and contain all work orders generated on the vehicle for a period of two years. Th e files are subject to review at any time by any authorized agent of the Government. 3. Records Management: The Contrac r shall use the CCG FASTER software, a permanent, detailed automated record system that provid a basis for optimum fleet management and provides detailed maintenance and operating informati for the Government. The Government Information Technology Department is responsibl for maintenance and security of the system. Fleet Management budgets for the license each year. This system has been used since February 2000 and has been found to be acceptable, or continued Government use. It is capable of supporting all reports, records, and supporting doc entation or invoicing. 4. Reports: a. Monthly Management Report: e Contractor shall provide a monthly management report (with the monthly invoice) to be deliver d to the Fleet Manager by the 10th working day of each month for the previous month (consisten with billing cut off's). The report shall include a currently accepted format with the followin information: . Number of shop orders . Number of road service calls · Number of vehicle PM's sche uled and completed · Number of work orders proce sed, by facility 20 I . Delinquent PM's . Number of re-work repairs . Number of Manufacturer Recalls Performed . Warranty recovery/deductible . Number of Service Calls . Non ContracUTarget Repairs by class and cost . Inventory by shop . Monthly staffing report b. Daily Reports: Daily reports will be limited to the Daily Backlog Report and Daily parts status report, the format is already devised and will be continued. The Contractor may provide recommendations for changes to the formatting of anv report to the Fleet Manager for consideration. c. Inspection Records: The Contractor must be able to provide to the Government a record of all inspections conducted by the Contractor and the corrective action taken. d. Contract Discrepancy Report: Verbal notification of a contract discrepancy will be made to the Contract Manager or designee as soon as possible whenever a contract discrepancy is identified. The problem shall be immediately resolved by the Contract Manager. The Fleet Manager shall determine whether a formal Contract Discrepancy Report shall be issued. If a Contract Discrepancy Report is issued, it will be mailed or hand delivered to the Contract Manager. The Contract Manager is require to respond in writing to the Fleet Manager with the time period specified, acknowledging the reported discrepancy or presenting contrary evidence, and presenting a program for immediate correction of all failures of performance identified in the Contract Discrepancy Report. 5. Monthly Billing: Payment to the Contractor will be made monthly in arrears at the rates specified in the contract provided that the Contractor is not in default under any provision(s) of the Agreement, and an accurate statement of payment due is submitted, with documentation attached supporting the statement of payment due. The format currently used is attached as Attachment N. Backup is generated from FASTER reports. Invoices shall be paid completely by the Augusta Commission and the processing of payment will be within 30 working days after receipt of the Contractor's billing and the payment authorization by the Fleet Manager. Payment authorization will be delayed pending receipt of all required billing information. The Contractor shall be liable for payment on Thirty days written notice of any liquidated damages or other offset authorized by the agreement not deducted from any payment made by the Government to the Contractor. The Government may delay the last payment due herunder until six (6) months after termination of this contract. 6. Operating Statement: The Contractor's Operating Statement for each month will be presented with the monthly billing. The operating statement will report costs of current period (billing period) and cost of year to date for the following major categories: (format is provided by Fleet Management) a. Cost of parts: oil, tires, repair parts, batteries, charges, O/S service repair, Total b. Payroll Expense: Salaries and wages, payroll taxes, vacation pay, paryroll costs-other-Total payroll expense c. Operating Expense: uniforms, supplies, training, travel, office expenses etc d. Fees: administrative fees, management fee, Total 21 1. Cost Proposal: The cost target for the initial year is $3,402,779.86, includes the following cost items: Personnel costs/Labor Costs (salaries, wages and benefits); Parts/supplies/outside services; Overhead expenses and Management Fees. 2. labor Costs: Personnel costs will include wages, salaries, fringe benefits, payroll taxes, mechanic and management costs. 3. Parts/Supplies/Outside Services: The Contractor will charge the Government for parts, supplies and outside services as the items or services are used, as reflected in the Contractor's repair orders without any markup. 4. Over-head Expenses: Overhead expenses will include such items as office supplies, uniforms, bonding costs, copying costs and insurance. All over-head expenses will be calculated as they are expected to incur monthly at the Contractors net cost without any markup. These Other Direct Cost charges are to be detailed in a monthly report. 5. Administrative Costs and Management Fees: Line items in the approved budget for administrative costs and management fees will be charged to the Government for each accounting period on a pro rata basis. These items will not be subject to documentation in the monthly invoice, but are expected to be listed separately in the proposal. 6. Cost Incentives: In addition to the Contractors cost and fee, the Contractor may receive 50 percent of any aggregate annual savings for the Government on the cost target for each fiscal year. Aggregate annual savings shall be defined as the difference between a lower twelve (12) month actual cost to the Government and the amount of the cost target. Aggregate costs that exceed the maximum amount of 100 percent of the operating target shall be borne totally by the Contractor. 7. ADDITIONAL COSTS: The approved budget shall include the cost target as adjusted in accordance with the additional cost items described herein. 8. Capital Expenditures: Any and all Government-approved capital expenditures of the Contractor for equipment or other capitalized items (i.e., computers, printers, engine analyzer), in connection with the services and work to be provided by the Contractor hereunder, shall not be included in the approved target, but such expenditures shall be depreciated over the terms of the Contract. 9. Directed Work: Government approved overtime and material cost incurred by the Contractor in performance of emergency or other directed work shall not be included in the approved target, pursuant to the terms of the Contract, unless otherwise noted herein. The Government will not approve or reimburse the Contractor for overtime charges for work included in the target cost. 10. Transition Costs: The Government will NOT approve or reimburse the Contractor for items related to transition costs. The Contractor will accept the Government's fleet "as-is". 11. ADJUSTMENTS TO THE APPROVED BUDGET: any adiustments to the approved "fixed price" (tarQet cost) will require approval bv the AUQusta Commission. 12. Unusual Costs: The Contractor may request the Government for an adjustment to the approved budget at reasonable times based on unusual changes in the Contractor's cost of doing business. For purposes of this Section, "Unusual Changes" shall mean items not covered by this Agreement, which occur through no fault of the Contractor, the term shall not include price increases arising in the ordinary course of business. The amount of any adjustment pursuant to this paragraph shall be determined by mutual agreement. 22 13. Annual Adjustments: The target base cost, approved budget, including the Contractors fee may be adjusted for any subsequent years of the Contract in accordance with the annual meeting. During the annual meeting between the Government and the Contractor, the Contractors performance will be reviewed. The Government will present a report card that includes the Government's assessment of Contractor performance in the areas of fleet maintenance, operations, cost/performance, target incentives, and other issues. The meeting shall also include a review of the Contractors cost of doing business. Escalation of the approved budget for the ensuing year shall not exceed the Bureau of Labor Statistics - Consumer Price Index (CPI) for all urban consumers in the Transportation Category for Atlanta, Georgia for the most current year reporting period. Changes to the Contract resulting from the annual meeting shall be documented in an Agreement Amendment, subject to approval by . the Augusta Commission. 14. Changes in Fleet Size or Mix: The Contract cost shall be adjusted to correspond to increases or decreases of at least five (5%) of the fleet. The Contractor and Fleet Manager shall negotiate the adjusted amount and the Fleet Manager will present the request to the Augusta Commission for approval. 15. Funding: The obligation of the Government for payment to the contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the Contract into a subsequent fiscal period is subject to appropriation of funds, unless authorized by law. CONTROLlNG LAW The substantive law of Georgia shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. VENUE All claims disputes and other matters in question between Augusta and the Contractor arising out of or relating to this Agreement, or breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF Augusta, Georgia, acting by and through the Augusta Commission and the Contractor have affixed their signatures as of the dated indicated below. Name: AUGUSTA cY-{::f=-~ David S. Copenhav r Signature First ahicle Services, Inc. Jl :~~I? ~~1l Signature Name: Dale Domish Date: Title: Senior Vice President Title: Date: /II..//I~ Attest: Attest: ~a/~ ~JIf\ 23 Augusta, Georgia Solid Waste Department Parts/Services Operations Agreement This Agreement is made and entered into as of this 31 5t Day of December 2009, by and between Augusta, Georgia, 501 Greene Street, Augusta, Georgia 30911, a political subdivision of the State of Georgia, (hereinafter referred to as "Augusta"), and First Vehicle Services, Inc., 600 Vine Street, Suite 1400, Cincinnati, Ohio 45202 (hereinafter referred to as "Contractor"). Augusta and the Contractor, for the consideration stated herein, agree as follows: 1. AGREEMENT TERM AND TERMINATION: The duration of the Agreement will be from January 1,2010, to December 31, 2012 for a period of thirty six (36) months. Further, this agreement may be renewed, expanded and extended by mutual agreement in annual increments, provided that the funds for subject Agreement are available and operating budget is approved by the Augusta Commission and that the Contractor has established a satisfactory record of performance. A letter of intent to extend the Agreement will be provided by Augusta at least sixty (60) days prior to the end of the Agreement period. This Agreement incorporates Section Eight ofRFP 09-123 dated June 8, 2009 and the proposal by the Contractor, "Solid Waste Parts Operation Proposal, Augusta-Richmond County, Georgia as part of the Agreement. 2. DESCRIPTION OF SERVICES: The Contractor will provide parts acquisition, machine work, upholstery work, and other subcontracted or directed work directly associated with normal vehicle maintenance operations as requested by the Director of the Solid Waste Department or his designated representative. The Director of Solid Waste Department or his designated representative shall have the right to select which parts and services will be used. The Contractor will receive, process and pay vendor invoices in a timely manner and will be reimbursed at the agreed "cost plus" rate, see paragraph 10. 3. APPLICABILITY: This Agreement applies to the Augusta Solid Waste Department and its vehicle and equipment operations and maintenance. 4. AUGUSTA REPRESENTATIVE: Unless provided otherwise elsewhere in this Agreement, Augusta authorizes the Director of the Solid Waste Department, as the representative to act on behalf of Augusta on all matters relating to this Agreement and/or services being performed hereunder. The Director of the Solid Waste Department shall decide all questions, which may arise as to the quantity, character and quality of services performed or to be performed pursuant to this Agreement. 5. SEVERABILITY: If any term or position ofthis Agreement is found to be illegal and unenforceable, such terms shall be deemed stricken and the remainder of the Agreement shall remain in full force and effect. 6. TERMINATION: This agreement may be cancelled or terminated in whole or in part at any time without cause upon the giving of at least sixty (60) days written notice to the other party. Should either party fail to perform any of its obligations under this Agreement for a period of thirty (30) days after receipt of written notice of such failure, the non-defaulting party will have the right to terminate the Agreement immediately upon delivery of written notice to the defaulting party of its election to do so. The foregoing rights of termination are in addition to any other rights and remedies that such party may have. 7. AGREEMENT DISCREPANCIES: Agreement discrepancies will be made to the appropriate organizational representative; the Contractor representative (General Manager, First Vehicle Services-Augusta project) or Director of the Solid Waste Department as soon as the discrepancy is identified. Agreement discrepancies will be resolved as soon as practical. Discrepancies which are not resolved by verbal negotiations shall be referred to the Augusta Fleet Manager for resolution. 8. OPEN RECORDS: The Contractor acknowledges that its books and records relating to this Agreement may be open records pursuant to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). The Contractor covenants and agrees to comply with any lawful request made pursuant to the Open Records Act and shall notify Augusta of each such request and shall forward to the Director of the Solid Waste Department any information furnished in response to such open records request. 9. OPERATIONAL CONCEPT: The Solid Waste Department sees a system with two levels of service: a. The first is where the contractor must supply a service. This would involve the Solid Waste Department placing an order directly through the Contractor. The contractor places the parts order or supplies a service directly to the Department. The Contractor then invoices the department at the end of the month for parts and services supplied. b. The second level of service is where the contractor acts as a conduit to get the parts/services for the Department but does not have any service supplied. The contractor simply pays for the parts/service(s) and then bills the department at the end of the month. In this instance, the Solid Waste Department procures its own parts or third party service( s) and requests that the expenses be paid by the contractor. 10. PAYMENT METHODOLOGY: First Vehicle Services will provide a monthly bill for the previous months acquisitions and the billing will include a "parts cost formula" as described below: Service T e Operational Concept Pro osed Cost Parts and Outside Services Mark-up: Contractor supplies a service through parts acquisition, or direct services $999.99 and below = 12% $1,000 to $4,999.99 = 10% $5,000 to $14,999 = 8% $15,000 and above =5% 11. FUNDING: The obligation of Augusta for payment to the Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the Agreement into a subsequent fiscal period is subject to appropriation of funds, unless authorized by law. 12. MANNER OF PERFORMANCE: The Contractor agrees to perform its duties and obligations under this Agreement in a professional manner and in accordance with all applicable local, Federal and State laws, rules and regulations. The Contractor will furnish any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws or rules and regulations. The Contractor further certifies that they and their employees are now in and will maintain good standing with governmental agencies and that they and their employees will keep all license, permits, registrations, authorization and/or certifications required by applicable laws or regulations in full force and effect during the term of this Agreement. Failure of the Contractor to comply with this section shall constitute a material breach of this Agreement. 13. CONTROLLING LAW: The substantive law of Georgia shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. 14. VENUE: All claims, disputes and other matters in question between Augusta and the Contractor arising out of or relating to this Agreement, or breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF Augusta, Georgia, acting by and through the Augusta Commission and the Contractor have affixed their signatures as of the dates indicated below. By: AUGUST A, GEORGIA ~'1 David S. Cope aver Name: Title: Mayor I (~ l,e' ~g{) (01 Date: Attest C:;t.~ a .t~ (/ FIRST VEHICLE SERVICES &t.,AU ~, By: Name: l3ml\1Wy:~ Dale R. DonJish Senior Vice Title: President Date: 1 / 1 4 / 1 0 . . Office Of The Administrator Frederick L Russen, Administra:tor Room 801 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30901 (706) 821-24<10- FAX (706) 821-2819 www.augustaga.gov T ameka Allen, Interim Depu1y Administrator Robert Leverett, Interim Deputy Administrator November 5, 2009 Mr. Ron Crowden Fleet Manager 1568 Broad Street Augusta, GA 30901 Dear Ron: The Augusta-Richmond County Commission, at their regular meeting held on Thursday, November 5, 2009, took action on the following items. 18. Approved to accept the proposal of First Vehide Services to Provide Maintenance Service to Augusta in accordance with the provisions of Bid Item 09.123, 19. Approved the purchase of one bomb tt:!am emergency response truck for the Richmond County Sheriff's Office.. 20. Approved the renovation of the Traffic Engineering Thermoplastic Line Painting Truck, Bid Item 09-145. If you have any questions, please contact me. e a Allen Interim Deputy Administrator cc: Sheriff Ronnie Strength Mr. Abie Ladson Ms. Donna Williams Ms. Geri Sams 11-05-09: #18, #19, #20