HomeMy WebLinkAbout840236.tiff THE FLEET MANAGEMENT AND MAINTENANCE CONTRACT
BETWEEN
WELD COUNTY, COLORADO
P.O. Box 758
Greeley, Colorado 80632
and
ARA MANAGED LOGISTICS SYSTEMS, INC.
Independence Square West
Philadelphia, Pennsylvania 19106
8402.36
THE FLEET MANAGEMENT AND MAINTENANCE CONTRACT
CONTENTS
Page
Section 1 - DEFINITIONS 1
1 . 01 County 1
1 . 02 Contractor 1
1 . 03 Surety 1
1 . 04 Performance Bond 1
1 . 05 Contracting Officer 2
1 . 06 Notice 2
1 . 07 Vehicle 2
1 . 08 Unit 3
1 . 09 Fleet 3
1 . 10 Good Fleet Management Practice 3
1 . 11 Downtime 3
Section 2 - CONTRACTOR' S RELATION TO COUNTY 4
2 . 01 Contractor as Independent Contractor 4
2 . 02 Subcontracting
2. 03 County Representative 5
2 . 04 Inspection of Work 5
2. 05 Term of Contract 5
2 . 06 Option to Extend 5
2 . 07 County Ordinances 6
2 . 08 Assignment 6
2 . 09 Right to Require Performance 6
2. 10 Extraordinary Occurrences 6
2 . 11 Deficiencies in Services 7
2. 12 Disputes 7
2 . 13 Termination 8
2. 14 Transfer of Operations 9
2 . 15 Incorporation of Contractor ' s 10
Proposal by Reference
Section 3 - COSTING METHODOLOGY 10
3 . 01 Approved Budget and Maximum Price 10
3 . 02 Personnel Costs 11
3 . 03 Parts/Supplies/Outside Services 11
3 . 04 Overhead Expenses 11
3 . 05 Corporate Administrative Costs and Fees 12
3 . 06 Capital Expenditures 12
3 . 07 Cost Incentive
3 . 08 Quality Incentive 13
3 . 09 Reserved 13
3 . 10 Adjustments To The Approved Budget 13
Section 4 - INVOICING AND PAYMENT 14
Section 5 - AUDITING PROCEDURES 15
5. 01 Access to Books and Records 15
5. 02 Financial Statements 15
Section 6 - STAFFING PROVISIONS 16
6. 01 General 16
6 . 02 Manning Changes 16
6. 03 Benefits Program 16
6. 04 County Benefits 17
6 . 05 Compliance with Laws 17
Section 7 - QUALITY OF SERVICE 18
7 . 01 General 18
7 . 02 Cooperation of Contractor Required 18
7. 03 Guarantee of Performance 18
7 . 04 Compliance with Laws and Regulations 18
Section 8 - INSURANCE 19
8. 01 Worker ' s Compensation 19
8. 02 Comprehensive General Liability 19
8 . 03 Comprehensive Automobile Liability 20
8. 04 Hold Harmless Agreement 20
8. 05 Certificate of Insurance 21
Section 9 - SCOPE OF SERVICE 21
9. 01 General 21
9. 02 Repairs and Preventive Maintenance Program 22
9. 03 Emergency Road Service 23
9. 04 Mobile Service 23
9 . 05 Subcontract Work 23
9. 06 Other Required Services 24
9. 07 Downtime Limitation Requirement 25
9. 08 Hours of Operation 25
9. 09 Holidays 25
Section 10 - RECORDS 25
10. 01 Management Report 25
10 . 02 General Records and Files 26
Section 11 - FACILITIES. EQUIPMENT AND INVENTORY 29
11 . 01 Buildings and Maintenance 29
11 . 02 Shop Equipment 29
11 . 03 Additional Shop Equipment 30
11 . 04 Parts Inventory 31
Section 12 - APPLICABLE LAW 32
Section 13 - AMENDMENTS 32
Appendix 1
Appendix 2
THE
FLEET MANAGEMENT AND MAINTENANCE CONTRACT
The County and Contractor , for the consideration stated here,
agree as follows:
Section 1 - DEFINITIONS
1 . 01 County - shall mean Weld County, Colorado, a political
subdivision of the State of Colorado, acting through its
Board of County Commissioners.
1 . 02 Contractor - shall mean ARA Managed Logistics Systems , Inc. ,
a Delaware corporation, Independence Square West,
Philadelphia, Pennsylvania 19106.
1 . 03 Surety - shall mean the party who is bound with and for the
Contractor to insure the payment of all lawful debts
pertaining to and for the acceptable performance of the
Contract.
1 . 04 Performance Bond - shall mean the form of security approved
by the County and furnished by the Contractor as a guarantee
that the Contractor will execute the work in accordance with
the terms of the contract and will pay all lawful claims.
1 . 05 Contracting Officer - shall mean the Director of Finance and
Administration or the official designated by him to
represent the County in connection with all work,
responsibilities, and obligations under this contract,
including, but not limited to, coordination with the
Contractor ' s representative regarding priority of repairs
and maintenance and purchasing of equipment.
1 . 06 Notice - Any written notice to be given hereunder by either
party to the other party shall be effected by certified
mail, return receipt requested.
Notice to the Contractor shall be sufficient if made or
addressed to Executive Vice President, ARA Managed Logistics
Systems, Inc. , Independence Square West, Philadelphia,
Pennsylvania 19106.
Notice to the County shall be sufficient if made or
addressed to Board of County Commissioners, P.O. Box 758,
Greeley, Colorado 80632.
Either party may change the address for notice to it by
giving written notice of such change in accordance with the
provisions of this section.
1 . 07 Vehicle - The term vehicle, when used herein, will include
heavy and light equipment, trucks and cars as listed in
Appendix 1 .
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1 .08 Unit - The term unit, when used herein, will include
vehicles listed in Appendix 1 and small miscellaneous
equipment listed in Appendix 2.
1 . 09 Fleet - shall mean all or such portion of the units listed
in Appendices 1 and 2 as the context may require.
1 .10 Good Fleet Management Practice - shall mean that fleet
management practice generally recognized as the optimum by
fleet operators for obtaining the maximum functional and
economic utility from fleet units during an assumed optimum
period of retention.
1 .11 Downtime - shall mean the percentage of time a vehicle is
unavailable for use due to a need for repair or preventive
maintenance work. Downtime is calculated as follows:
Number of hours vehicle is not available for use
Number of hours vehicle scheduled to be used
Downtime begins when the vehicle is brought to the garage
for repair work that is authorized or when a call is
received that the vehicle requires towing to the garage for
authorized repair work. For heavy equipment in the field,
downtime begins when the Contractor is notified of the
breakdown.
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Downtime ends when the department to which the vehicle is
assigned is notified that the vehicle is available for
service.
Section 2 - CONTRACTOR'S RELATION TO COUNTY
2 .01 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 is in no
respect an agent, servant or employee of the County. This
contract specifies the work to be done by the Contractor ,
but the method to be employed to accomplish the work shall
be the responsibility of the Contractor .
2. 02 Subcontracting - Contractor may subcontract services to be
performed hereunder with the prior approval of the County,
which approval shall not be unreasonably withheld. No such
approval will be construed as making the County a party of
or to such subcontract, or subjecting the County to
liability of any kind to any subcontractor . No subcontract
shall, under any circumstances, relieve the Contractor of
his liability and obligation under this contract; and
despite any such subcontracting the County shall deal
through the Contractor , and subcontractors will be dealt
with as workmen and representatives of the Contractor .
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2 . 03 County Representative - Unless provided otherwise elsewhere
in this contract, the Contracting Officer is hereby
authorized to act on behalf of the County as to all matters
relating to this contract and/or the services being
performed hereunder . The Contracting Officer shall decide
any and all questions which may arise as to the quantity,
character and quality of services performed or to be
performed pursuant to this contract.
2 . 04 Inspection of Work - The Contractor shall furnish the
Contracting Officer or his authorized representative with
every reasonable opportunity for determining whether or not
the work is performed in accordance with the requirements of
the contract. The Contracting Officer may appoint qualified
persons to inspect the Contractor ' s operations and
equipment, and Contractor shall permit these authorized
representatives to make such inspections at any reasonable
time and place.
2 . 05 Term of Contract - The term of this contract shall be for
the period commencing September 17, 1984 , and ending
September 16, 1987. In the event the County does not
appropriate funds for this or like services in Fiscal Years
after 1985, this contract shall be null and void.
2 .06 Option to Extend - This contract may be extended for two (2)
additional two (2) year terms provided that a budget for
such term has been mutually agreed upon by the parties.
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Either party may terminate this contract upon notice to the
other party in writing not less than ninety (90) days prior
to the expiration of the initial term.
2 .07 County Ordinances - Nothing contained in any ordinance of
the County hereafter adopted, pertaining to the management
of the fleet and unit maintenance shall in any way be
construed to affect or alter the duties, responsibilities
and operation of the Contractor in the performance of the
terms of this contract, unless any such change is agreed to
in writing by both the Contractor and the County.
2 . 08 Assignment - The duties and obligations assumed by
Contractor are not transferable or assignable without prior
consent of the County.
2 . 09 Right to Require Performance - The failure of the County at
any time to require performance by the Contractor of any
provisions hereof shall in no way affect the right of the
County thereafter to enforce same. Nor shall waiver by the
County of any breach of any provision hereof be taken or
held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
2 .10 Extraordinary Occurrences - It is agreed that in no event
shall the County or Contractor be liable or responsible to
each other or to any other persons for damages resulting
from deficiencies or delays in the work herein provided for ,
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where such deficiencies or delays result from acts of God,
fire, labor disputes, or any other cause not within the
control of the County or Contractor . Contractor recognizes
the essential nature of the services to be performed
hereunder and will use its best efforts to discharge its
functions despite such extraordinary occurrences. In the
event of such occurrences, Contractor and County agree to
negotiate an appropriate adjustment to the approved budget
price herein.
2 .11 Deficiencies In Service - In the event the Contracting
Officer determines there are deficiencies in the service and
work provided by Contractor , the Contracting Officer shall
notify Contractor in writing as to the precise nature of any
such deficiencies. Within ten (10) working days of receipt
of such notice, Contractor shall correct or take reasonable
steps to correct the deficiencies complained of , including,
if necessary, increasing the work force, tools and equipment
or modifying the policies and procedures used by Contractor
in performing services pursuant to this contract. If the
Contractor fails to correct or take reasonable steps to
correct the deficiencies within ten (10) working days, the
County may declare the Contractor in default and invoke the
provisions of Section 2.13 herein.
2 .12 Disputes - In the event of any controversy, claim or dispute
as to the services and work performed or to be performed by
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Contractor , or the construction or operation of or rights
and liabilities of the parties under this contract, each
such question shall be submitted to the Board of County
Commissioners for resolution; provided, however , in the
event either party disagrees with the decision of the Board
of County Commissioners that party shall have the right to
litigate the matter in its entirety in a court of competent
jurisdiction. The party wishing to submit a matter to the
Board of County Commissioners shall do so by written notice
to the other party and to the Board of County Commissioners
which notice shall specify the nature of the controversy,
claim or dispute. The Board of County Commissioners shall
schedule a hearing within fifteen (15) days of such notice ,
at which time both parties shall present their positions.
The Board of County Commissioners shall render a decision
within seven (7) days after the date of the hearing.
2 .13 Termination - The County may terminate this contract if the
Contractor becomes insolvent or allows any judgment for the
payment of money to stand against it unsatisfied.
Either party may terminate this contract for default by
giving the other party written notice thereof , specifying
with particularity each such default. The party in default
shall have thirty (30) days after receipt of notice to cure
or take reasonable steps to cure the default. If the party
in default fails to cure or take reasonable steps to cure
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the default within the thirty-day period, the other party
may declare the contract terminated.
2 .14 Transfer of Operations - In that Contractor is performing an
essential service for the County, in the event the
Contractor defaults by failing to begin service at the time
specified or discontinues a material portion of the service
provided for by this contract, the County may, at its
election and upon seven (7) working days ' prior written
notice to Contractor take possession of all equipment and
facilities used by the Contractor in connection with this
contract and operate and use the same in the performance of
the services described herein. The Contractor agrees to
surrender peacefully said equipment and facilities upon
receiving an itemized receipt from the County for said
items, and to cooperate to the extent necessary to enable
the County to take over and carry out the services herein
described. All payments by the County, except those for
services previously rendered or costs incurred and
reimbursable to the Contractor pursuant to this contract,
shall cease, except that during the pendency of any dispute
the County agrees to pay a reasonable rental for use of the
Contractor ' s equipment. The Contractor agrees that in the
event it disputes the County' s right to invoke the
provisions of this section, it will not seek injunctive or
other similar relief, but will either negotiate an
adjustment of the matter with the County or seek, as its
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remedy, monetary damages in a court of competent
jurisdiction.
2 .15 Incorporation of Contractor ' s Proposal by Reference - This
contract shall incorporate by reference the Contractor ' s
proposal to provide Fleet Management and Maintenance
Services.
Section 3 - COSTING METHODOLOGY
3 .01 Approved Budget and Maximum Price - The "Approved Budget" ,
which shall be the Contractor ' s operating budget for each
year of this contract, shall include the following cost
items:
(a) Personnel costs
(b) Parts/supplies/outside services
(c) Overhead expenses
(d) Corporate administrative costs and fees
(e) Capital expenditures.
The approved budget for the initial year hereof is $728,388.
The maximum annual cost to the County shall be the approved
budget plus fifteen percent (15%) , adjusted in accordance
with provisions of Section 3 .07 . Such budget and maximum
cost amounts may be adjusted during the course of the
contract based upon the criteria set forth herein.
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3 . 02 Personnel Costs - Personnel costs will include wages,
salaries , fringe benefits, mechanic incentive program costs
and overtime costs. The wage rates paid by the Contractor
to its employees shall be approved in advance by the
Contracting Officer . Overtime work shall be authorized
according to a procedure which is mutually agreed to by the
parties.
In determining future increases or changes to the total
compensation package--wage rates and fringe benefits--for
Contractor ' s employees, the parties agree to negotiate such
increases or changes as part of the annual approved budget.
3 . 03 Parts/Supplies/Outside Services - Contractor will charge the
County for parts , supplies and outside services as the items
or services are used, as reflected in Contractor ' s repair
orders. No markup will be added to Contractor ' s net costs
for the items or services charged to the County.
3 . 04 Overhead Expenses - Overhead expenses will include such
items as office supplies, uniforms and copying costs. All
overhead expenses will be charged to the County as they are
incurred, at Contractor ' s net cost without markup.
3 . 05 Corporate Administrative Costs and Fees - Line items in the
approved budget for corporate administrative costs and fees
will be charged to the County at the rate of one-twelfth
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(1/12) of the annual budgeted amount each accounting period.
These items will not be subject to documentation.
3 . 06 Capital Expenditures - Any and all capital expenditures of
Contractor for vehicles, equipment or other capitalized
items, in connection with the services and work to be
provided by Contractor hereunder , shall be included in the
approved budget, pursuant to the terms of this contract,
based on the following:
Using a straight-line method of amortization, equipment
costs will be amortized over a sixty month period, and
vehicle costs will be amortized over a forty-eight
month period.
3 . 07 Cost Incentive - In addition to the Contractor ' s costs and
fee, the Contractor shall receive fifty percent (50%) of any
aggregate annual savings to the County on the approved
budget for each fiscal year . Aggregate annual savings shall
be defined as the difference between a lower 12 month actual
cost to the County and the amount of the approved budget as
stated in Section 3 . 01 . In the event actual aggregate
annual costs to the County exceed the approved budget
amount, fifty percent (50%) of such additional costs shall
be deducted from the Contractor ' s final fee payment.
Aggregate costs that exceed the maximum amount of one
hundred fifteen percent (115%) of the approved budget shall
be borne totally by the Contractor .
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3 . 08 Quality Incentive - In addition to any other payments due
the Contractor hereunder , the County will pay to Contractor
a quality incentive bonus at the end of each contract year
equal to five percent (5%) of the difference between the
approved budget and the approved budget plus fifteen percent
(15%) , if the Contractor has a repair and/or service rework
rate of less than five percent (5%) during that annual
period.
3 . 09 RESERVED
3 .10 Adjustments To The Approved Budget -
(a) Annual Adjustments - The approved budget, including
Contractor ' s fee , shall be adjusted for the second and
subsequent years of the contract to take into account
changes in the cost of doing business. In the event
the parties are unable to reach agreement on an
adjustment to the approved budget prior to thirty (30)
days before the expiration of the then current contract
year , either party shall have the right to terminate
this contract, upon written notice to the other party,
as of the end of the then current contract year .
(b) Changes in the Size of the Fleet - The approved budget
shall be adjusted to correspond to increases or
decreases in the fleet size of at least five percent,
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(5%) on a prorated unit cost basis. These adjustments
shall be made quarterly.
(c) Unusual Changes or Costs - The Contractor may petition
the County for adjustments to the approved budget at
reasonable times on the basis of unusual changes in its
cost of doing business. For purposes of this section,
"unusual changes" shall mean items not covered by this
contract 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 section shall be
determined by mutual agreement.
Section 4 - INVOICING AND PAYMENT
Upon completion of each accounting period, the Contractor shall
provide the County with an invoice representing eighty percent
(80%) of the forecasted costs for that period and the County
shall honor this invoice and reimburse the Contractor for such
costs within fifteen (15) days. Within fifteen (15) days from
the completion of each accounting period, the Contractor shall
provide the County with an Operating Statement reflecting all
costs incurred during this period. A final invoice shall
accompany the operating statement reflecting the actual costs,
less the previously submitted eighty percent (80%) estimated
invoice, and the County shall reimburse the Contractor within
fifteen (15) days from the day of receipt of invoice. In the
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event any item on the final invoice is questioned, payment for
the questioned item will be withheld pending verification of the
amount claimed. The Contractor shall provide complete
cooperation during any such investigation.
Section 5 - AUDITING PROCEDURES
5. 01 Access to Books and Records - The County' s authorized
representatives shall have access, at all reasonable times
and upon prior notice to the Contractor ' s project manager ,
to all Contractor ' s personnel, books, records,
correspondence , instructions , plans, drawings , receipts ,
vouchers, and memoranda of every description pertaining to
work under the contract, for the purpose of auditing and
verifying costs of work and for the further assistance of
the County' s authorized representative in carrying to
completion this contract in the event of termination or any
other transaction which may have been negotiated under the
terms hereof.
5. 02 Financial Statements - The Contractor shall furnish the
Board of County Commissioners with complete, unaudited
financial statements prepared by a duly licensed certified
public accountant relating to the Contractor ' s business and
performance under this Contract which statements shall be
furnished annually within ninety (90) days of the
anniversary date of the Contract. The statements shall be
prepared in such form as to fully disclose all income and
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expenses properly chargeable to the contracted fleet
management and vehicle maintenance service performed under
this contract as a separate operating entity and in a
uniform accounting format required by the County.
Section 6 - STAFFING PROVISIONS
6. 01 General - Contractor shall have the responsibility for
selecting personnel to perform the services to be provided
hereunder , subject to County approval.
The Contractor agrees to consider for employment all current
County fleet maintenance workers interested in being hired
by the Contractor .
6 . 02 Manning Changes - All personnel additions or reductions
shall be subject to the approval of the Contracting Officer .
The County reserves the right to request the dismissal of
any Contractor employee whose performance or actions are
obviously detrimental to the program.
6. 03 Benefits Program - The Contractor ' s employee benefit
programs shall be used for Contractor ' s employees.
In the event the Contractor wishes to introduce new benefit
programs not previously included in the approved budget, and
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such benefit programs involve unusually high costs, the
Contractor shall obtain the County' s prior written approval.
6. 04 County Benefits - The Contractor ' s employees shall not claim
any County right or benefit as a condition of their
employment in the performance of this contract.
The County hereby represents to the Contractor that pre-
existing County benefit plans for County employees involved
in fleet service and maintenance activities will terminate
prior to their employment by Contractor , and Contractor will
have no liability or obligation of any kind for any such
benefit plan. The County agrees to defend, indemnify and
save harmless Contractor from and against any and all
claims, actions , demands or liabilities to or for any such
former County employees for damages, including reasonable
attorney' s fees and costs, resulting from or accrued under
such County benefit plans, or the termination thereof.
6 . 05 Compliance with Laws - The Contractor shall comply with all
applicable Federal, State, and County laws relating to wages
and hours, and all other applicable laws relating to the
employment or protection of employees, now or hereafter in
effect, including Title VI of the Civil Rights Act of 1964 .
No person shall, on the grounds of race, creed, color , sex
or national origin, be excluded from participation in, be
denied the benefits of , or otherwise be subjected to
discrimination under this contract.
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Section 7 - QUALITY OF SERVICE
7 . 01 General - The direction and supervision of fleet management
and unit maintenance service shall be by competent
personnel, and the Contractor shall devote sufficient
competent personnel, time and attention to the direction of
the operation to assure performance satisfactory to the
County.
7 . 02 Cooperation of Contractor Required - The Contractor shall
cooperate with authorized representatives of the County in
every reasonable way in order to facilitate the progress of
the work contemplated under this contract. The Contractor
shall have at all times a competent representative on duty
authorized to receive orders and to act for it.
7 . 03 Guarantee of Performance - The Contractor shall be required
to furnish a surety bond in the amount of 115% of the
approved budget price for each contract year as security for
the satisfactory performance of the contract.
7 . 04 Compliance with Laws and Regulations - The Contractor hereby
agrees to comply with all applicable Federal, State and
County laws and regulations. The Contractor and its surety
shall indemnify, defend and hold harmless the County, its
officers, representatives, agents, and employees against any
claim or liability arising from or based on the violation of
any such law, regulation, ordinance, order or decree,
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whether by the Contractor or its employees, occurring during
the performance of services pursuant to this contract.
Section 8 - INSURANCE
8. 01 Worker ' s Compensation - The Contractor shall provide and
maintain during the life of this contract, at its own
expense, Worker ' s Compensation Insurance and Employer ' s
Liability Insurance with the following limits of liability.
Workers ' Compensation Statutory
Employer ' s Liability $100 ,000 each accident
8. 02 Comprehensive General Liability - The Contractor shall
provide and maintain during the life of this contract, at
its own expense , Comprehensive General Liability Insurance,
including protection for liability arising out of premises,
operations, independent contractors, products/completed
operations and contractual, with the County named as an
additional insured. Such insurance coverage shall also
extend to liability arising out of test driving or pick-up
and delivery of County-owned units by Contractor ' s
employees. The policy shall be endorsed to provide for
personal injury liability. The contractual coverage must
specify that it covers the hold harmless agreement which is
a part of this contract. The limits of liability shall be
as follows:
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Bodily Injury Liability $250 ,000 each person
$500 ,000 each occurrence
Property Damage Liability $500 , 000 each occurrence
The combined single limit per occurrence shall not be less
than $1 ,000 ,000 .
8. 03 Comprehensive Automobile Liability - The Contractor shall
provide and maintain during the life of the contract, at its
own expense, comprehensive automobile liability insurance
for any units used to manage and maintain the fleet,
including protection for liability arising out of owned,
non-owned and hired units, with the County named as an
additional insured. The policy shall be endorsed to provide
contractual coverage for the hold harmless agreement which
is part of the contract. The limits of liability shall be
as follows:
Bodily Injury Liability $250 ,000 each person
$500 , 000 each occurrence
Property Damage Liability $500 ,000 each occurrence
The combined single limit shall not be less than $1 , 000 , 000
per occurrence.
8 . 04 Hold Harmless Agreement - Contractor shall save and hold
harmless the County, its agents and employees , from and
against any and all claims and damages of every kind, for
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injury to or death of any person or persons and for damage
to or loss of property, arising out of or attributed to the
operations of Contractor hereunder ; provided, however , that
this paragraph shall not be construed to indemnify the
County against any liability arising by reason of willful
misconduct, bad faith, gross negligence, or reckless
disregard of duties and obligations hereunder ; and provided
further that Contractor shall not indemnify County for
claims made and damages sustained by former County employees
arising out of their employment by County.
8. 05 Certificate of Insurance - The Contractor shall furnish the
County, prior to the start of any operations under this
contract, satisfactory proof of carriage of the insurance
required with an insurance company satisfactory and
acceptable to the County. Each insurance certificate should
contain a clause substantially as follows:
"Should any of the above described policies be cancelled or
undergo material change before the expiration date, the
issuing insurance company will mail thirty (30) days '
written notice to: County Administrator , County of Weld,
Colorado. "
Section 9 - SCOPE OF SERVICE
9 . 01 General - The Contractor shall provide preventive
maintenance, remedial repairs, overhaul, mobile service, and
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such other closely allied services as may be required to
assure the continuity of effective and economical operation
of County units as described in Appendix 1 .
9 . 02 Repairs and Preventive Maintenance Program -
(a) Specific repairs shall be made as required in
accordance with good fleet management practice.
Repairs estimated to exceed $500 shall be individually
approved by the Contracting Officer .
(b) Preventive maintenance programs, to achieve optimum
results, will vary from category to category and within
categories of units. Therefore, the work performed
shall be generally as hereafter described in the
accompanying proposal, but subject to change as
required.
Industrial Vehicle Maintenance Schedule
To be performed in accordance with manufacturer ' s
recommendations, with modifications by the Contractor as
required, based upon mutual consent of Contractor and
County.
(c) Repairs and preventive maintenance shall adhere to a
priority schedule as developed by the County to ensure
the availability of essential equipment.
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(d) The Contractor has the obligation to notify unit users
and to schedule and arrange to perform the required
maintenance as specified, but the County shall be
obligated to transport units and park them in the
garage area so that required maintenance can be
performed.
When a unit user fails to respond to the second
notification for scheduled preventive maintenance work
and fails to deliver his unit for general or preventive
maintenance services , the Contractor shall advise the
Contracting Officer in writing.
9 . 03 Emergency Road Service - The Contractor shall make provision
to handle emergency road service calls from each of its
facilities. During the normal working hours of a one-shift
day, both emergency calls and towing shall receive immediate
response. Contractor will have persons available to handle
unit breakdowns swiftly and expediently at all times,
including night and weekend hours when the garage is closed.
9 .04 Mobile Service - The Contractor shall provide mobile service
on location to service specialized heavy equipment which
cannot economically be brought into a designated facility.
9 . 05 Subcontract Work - The Contractor may subcontract services
provided for by the contract, with the prior approval of the
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County. Subcontract work shall be limited to work that can
be most efficiently and cost effectively performed by
subcontractors, including, but not limited to, body work,
painting , glass replacement, transmission sealing and
repair , and radiator work. All work subcontracted shall be
periodically reviewed by the Contractor to assure that such
work can be best performed by subcontractors.
9. 06 Other Required Services - The Contractor will also provide
the following services , as required, as part of the approved
budget:
(a) New car prep, decommissioning , etc.
(b) Priority repair of critical units
(c) Wrecker service
(d) Executive unit pickup and delivery as agreed to by the
County and Contractor
(e) Vehicle retirement
(f) Assistance in writing or developing equipment
specifications
(g) Apprenticeship training in conjunction with County
public schools
(h) On-the-job training for selected employees
(i) Mechanic certification program
(j ) Assistance in administering the program of permanently
assigned units
(k) Vehicle storage and administration
(1) Costing recommendations related to replacement vs.
remanufacture or rebuilding of equipment
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(m) Order , receive, dispense, and inventory fuels, oils,
lubricants, and fluids , and perform routine service
station functions
(n) Other services within the scope of unit maintenance and
management, e.g . , tire mounting, wheel balancing,
support of technical investigations, data processing
input, etc.
9 . 07 Downtime Limitation Requirement - The Contractor agrees to
monitor downtime as defined in Section 1 .11 . The Contractor
further agrees that under no circumstances shall the average
annual level of vehicles down exceed 5% of the entire
vehicle fleet.
9 . 08 Hours of Operation - Unless otherwise directed, the
Contractor shall operate repair facilities on a single-shift
basis. The daily period to be covered shall be not less
than 7:30 a.m. to 4 :30 p.m.
9 . 09 Holidays - No holidays may be observed by the Contractor
which do not conform to the County' s designated holiday
schedule. Emergency service shall be provided on holidays.
Section 10 - RECORDS
10. 01 Management Report - The Contractor will use a computerized
record keeping system capable to providing information
including, but not limited to, the following :
(a) Itemized costs for each accounting period;
(b) Total maintenance cost to date;
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(c) Maintenance cost per unit, per period;
(d) Number of shop orders; time to process, entry to
completion of work on the unit;
(e) Number of road breakdowns;
(f) Number of units receiving preventive maintenance
service;
(g) Downtime for various categories of units as designated
by the County;
(h) Inventory levels.
Contractor will provide to the Contracting Officer for each
accounting period a report on its operations during the
period. The County and the Contractor shall mutually agree
upon the information to be included in the report.
Costs for the computerized record keeping system will be
borne by the Contractor as part of the approved budget
price. All records shall become the property of the County.
10. 02 General Records and Files - To assure that both the
Contractor and the County have an accurate, up-to-date
record of maintenance and repairs on each County unit, and
for billing on those units received for interagency cross-
servicing , the Contractor shall establish and maintain the
records listed below. In addition, the Contractor must
maintain a file of service manuals, lubrication charts and
other pertinent information needed to properly maintain and
repair the County fleet. All record and report forms must
be reviewed and approved by the County prior to use.
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(a) History Folder - A history folder shall be provided for each
County unit. This folder shall serve to keep all work
orders in the same location and shall include pertinent data
such as unit year , model and make and serial numbers.
(b) Preventive Maintenance Records - The Contractor shall
provide a preventive maintenance schedule and appropriate
inspection forms for each level of service. The inspection
forms must be completed by the mechanic doing the preventive
maintenance on each unit at the specified intervals. The
completed forms will be kept with the repair orders for that
unit in the history folder .
(c) Repair Orders - A repair order must be written for each unit
that the Contractor works on. Jobs requiring rework must be
so designated on the repair order . Repair orders will be
sequentially numbered. Each repair order must be kept in
sequence and accounted for . One copy each will be provided
to the County agency responsible for the unit and to the
Contracting Officer . The Contractor ' s copy must be kept in
the unit history folder .
(d) Daily LOg - A daily log shall be kept by the Contractor at
each facility and furnished to the Contracting Officer or
his designee upon request. This log will contain
information such as car number , agency, description of work
to be performed, and disposition at the end of the day. A
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new log shall be used each day, with the previous log being
filed at each facility.
(e) Time Cards - Time cards or other appropriate time recording
records shall be maintained by the Contractor for all hourly
employees and will be kept on file at the facility for two
(2) years. The Contractor shall ensure that the cards are
kept in order and that each person punches his or her own
card.
(f) Payroll Time Sheets - The Contractor shall provide payroll
time sheets for all employees at each facility. These
records must be kept in accordance with all County, State
and Federal regulations.
(g) Transmittals - Weekly transmittals must be kept by the
Contractor for all expenses incurred other than payroll.
The Contractor will use a series of codes to identify
specific expenditures.
(h) Miscellaneous Records - Other records and forms may be used
by the Contractor as deemed necessary, subject to County
approval.
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Section 11 - FACILITIES, EQUIPMENT AND INVENTORY
11 . 01 Buildings and Maintenance - Work is to be performed in
County-owned facilities which shall be provided to the
Contractor for its use while this contract is in effect.
Such facilities shall remain the property of the County.
The County shall provide Contractor , at the County' s
expense, with an office located within the County. The
County shall be responsible for all utility costs, except
long distance telephone calls, and for all necessary
repairs, maintenance and/or renovations to the buildings,
grounds and other related facilities provided to Contractor
hereunder , unless the repairs are necessitated by
Contractor ' s negligence.
11 . 02 Shop Equipment - The County shall provide shop equipment in
accordance with the County' s Asset Inventory, as determined
by audit conducted jointly by County and Contractor prior to
the commencement of operations hereunder . Contractor shall
determine which County supplied equipment is operable and
Contractor shall be obligated to maintain such equipment in
the condition in which it was entrusted to him. County
agrees to replace, at its cost and within a reasonable
period of time, any County equipment rendered unserviceable
due to normal wear and tear .
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The Contractor shall furnish all hand tools, equipment and
supplies needed to maintain the fleet consistent with good
fleet management practice.
11 . 03 Additional Shop Equipment - The Contractor may purchase
additional shop equipment if necessary to maintain the fleet
consistent with good fleet management practice. The
decision to purchase additional equipment shall be made by
mutual agreement taking into account cost of equipment and
depreciation schedules. Depreciation costs for any
equipment purchased shall be listed as a separate line item
in the Contractor ' s approved budget. Any equipment
purchased by the Contractor pursuant to this provision may
be purchased by the County should the contract be terminated
before the equipment has been fully depreciated. The price
the County will pay is Contractor ' s original cost less
depreciation.
For the purpose of computing depreciation, equipment
purchased prior to and including the fifteenth day of any
calendar month will be considered as having been purchased
on the first day of the month. Equipment purchased after
the fifteenth day of the month and prior to the first day of
the succeeding month will be considered as having been
purchased on the first day of the succeeding month.
The Contractor shall furnish the County a written report
certifying the description, serial and other numbers, cost
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and date of purchase of any equipment purchased. The
Contractor shall also furnish written reports in like manner
of any equipment traded or otherwise disposed of .
11 . 04 Parts Inventory - Prior to commencement of operations under
this contract, Contractor and County shall jointly undertake
an opening inventory of all County owned parts and supplies,
and shall establish the value of the usable inventory based
on County acquisition cost. The County inventory of usable
parts and supplies will be purchased by Contractor .
Disposal of obsolete inventory will be the responsibility of
the County. For purposes of this section, "obsolete
inventory" is defined as any parts that cannot be installed
in units currently owned by the County.
Within thirty (30) days of the termination of the contract,
Contractor and the County shall jointly undertake a closing
inventory of all parts and supplies, which shall establish
the value of the usable inventory based on Contractor ' s
acquisition cost. Obsolete inventory will not be included
in determining inventory value, and disposal of obsolete
inventory will be the responsibility of Contractor . The
Contractor ' s inventory of usable parts and supplies will be
purchased by the County. Payment will be made within thirty
(30) days from the date of completion of the joint
inventory.
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During the initial term of this Contract or any extension
hereof the County shall have the obligation to notify the
Contractor of new unit purchases and old unit retirements at
least ninety (90) days prior to the anticipated delivery or
retirement date so that inventory levels can be adjusted and
potentially obsolete parts sold.
Section 12 - APPLICABLE LAW
This contract shall be interpreted, construed and governed by the
laws of the State of Colorado.
Section 13 - AMENDMENTS
Amendments which are consistent with the purposes of this
contract may be made in writing duly executed by the parties, and
in accordance with County rules and regulations and other
applicable laws and ordinances.
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ATTEST: WELD COUNTY, COLORADO
'Ma? auvtit444.444.2tt
!-2
Date: g, /c//6.
ATTEST: ARA MANAGED LOGISTICS SYSTEMS , INC.
By: C,• /'.
Secretary ce-President and General Manager
Date: Vt/g4/
09/10/84
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