Anaheim City Council
October 14, 2025

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

MASTER AGREEMENT
CONTRACT NUMBER MA 106-498839

BETWEEN

CITY OF ANAHEIM
AND
Russ Ward Auto Body
FOR

AUTOMOTIVE BODY REPAIR SERVICES
This Master Agreement MA 106-498839 for, AUTOMOTIVE BODY REPAIR SERVICES (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter City of Anaheim (hereinafter referred to as “City”) with a place of business at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805, and Russ Ward Auto Body a Corporation in California (hereinafter referred to as “Contractor”), with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.

ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A - Scope of Work
Attachment B – Pricing

RECITALS
WHEREAS, the City of Anaheim/Central Purchasing Office, on behalf of the Public Works Department, issued a competitive solicitation, Invitation for Bid IFB 412-288243-MQ on 5/23/25, for AUTOMOTIVE BODY REPAIR SERVICES ; and

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

WHEREAS, the Contractor responded to IFB 412-288243-MQ for AUTOMOTIVE BODY REPAIR SERVICES and represented that its proposed services shall meet or exceed the requirements of the Invitation for Bid ; and
WHEREAS, the City desires to enter into Contract Master Agreement MA 106-498839 for AUTOMOTIVE BODY REPAIR SERVICES with the Contractor as further set forth in this Contract including its Attachments effective on the date of execution for a term of 1 year with the City having the option to renew for an additional four one-year optional renewal terms; and, WHEREAS, the Contractor agrees to provide AUTOMOTIVE BODY REPAIR SERVICES based on the Scope of Work attached hereto and incorporated herein as Attachment A, and WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing attached hereto as Attachment B; and,
NOW, THEREFORE, the Parties mutually agree as follows:

City General Terms and Conditions

1. Governing Law and Venue
This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.

2. Entire Contract
This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restric tions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.

3. Amendments
No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, sub stitutes or revisions are valid or binding on City unless authorized by City in writing.

4. Taxes
Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.

5. Delivery
Time of delivery of commodities and services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by City.

6. Acceptance Payment
Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.

7. Warranty
Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part t o indemnify, defend and hold City and its indemnities as identified in Article “26” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to confor m to such warranties, faulty work performance, negligent or unlawful acts, and non -compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

8. Patent/Copyright Materials/Proprietary Infringement
Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “26” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for paym ent of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

9. Assignment
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.

10. Non-Discrimination
In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

11. Termination
In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.

12. Consent to Breach Not Waiver
No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13. Independent Contractor
Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be consid ered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.

14. Performance Warranty
Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordinatio n of all documentation and other commodities/services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, eq uipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

15. Bonding and Insurance Requirements
Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents).

Checks or letters of credit will not be accepted in lieu of bonding. When services are provided to the City, City’s standard insurance requirements (shown below) shall apply, unless otherwise indicated in the bid specifications or an approved exception is granted by the Risk Manager for the City. • Comprehensive General Liability Insurance: In an amount no less than $ 2,000,000 per occurrence/$4,000,000 Aggregate. This coverage is primary over any coverage maintained by the City.
• Auto Liability Insurance: In an amount no less than $2,000,000 per occurrence combined single limit (CSL). This coverage is primary over any coverage maintained by the City. • Workers' Compensation Insurance: As required by State statutes and Employer Liability Coverage in an amount no less than $1,000,000. A Waiver of Subrogation is required for Workers’ Compensation coverage.

Coverage Minimum Limits
Commercial General Liability $2,000,000 occurrence
$4,000,000 aggregate
Automobile Liability including coverage for owned, non-owned and hired vehicles
$2,000,000
Combined single limit Per Occurrence
Workers' Compensation Statutory
Employers' Liability Insurance $1,000,000

Contractor is responsible for the satisfaction of any applicable deductible or self -insured retention (SIR), which if exceed $10,000, must be disclosed and approved by the City’s Risk Manager prior to the inception of this Agreement.

Excess/Umbrella insura nce can be used to satisfy the minimum insurance requirements subject to the review and approval of the City’s Risk Manager.

Contractor agrees that required insurance shall not be voluntarily cancelled or limited in scope by Contractor until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non - payment of premium, which requires notice of not less than ten (10) days.

Each insuranc e policy required by this Agreement, except Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by Contractor pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.”

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

“The City of Anaheim is included as additional insured with respect to the scope of work, operations, and/or activities of the Named Insured, performed under this Agreement with the City of Anaheim.” Insurance certificates should state:

City of Anaheim
Attn: Purchasing Division
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Insurance certificates should be emailed to [email protected].

Any insurance required under this Agreement must be written by an insurance company admitted to do business in California.”
The City’s Risk Manager is authorized to approve Contractor generated exceptions, to the above requirements as set forth herein in the event Contractor generated amendment or exception request as to a reduction in coverage or amendment to policy or coverage form is in the City’s best interest.

16. Changes
Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.

17. Change of Ownership/Name, Litigation Status, Conflicts with City Interests Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to as sume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.

City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.

In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance.

While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or li tigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.

Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with Cit y interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be lim ited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

18. Force Majeure
Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

19. Confidentiality
Contractor agrees to maintain the confidentiality of all City and City -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.

20. Compliance with Laws
Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “26” below, C ontractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

21. Freight
Prior to City’s express acceptance of delivery of prod ucts. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.

22. Severability
If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

23. Attorney Fees
In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.

24. Interpretation
This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party

City of Anaheim Master Agreement
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Russ Ward Auto Body

hereto or by any person representing them, or both. Accordingly, any rule or la w (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.

25. Employee Eligibility Verification
Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, bu t not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

26. Hold Harmless and Indemnification
Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractor s) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether the City, Contractor, or any other person or entity maintains or fails to maintain insurance coverage or a self-insurance program, for any such Claim(s); and (ii) shall survive the termination of this Contract.

27. Audits/Inspections
Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including pay roll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any e mployees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.

City of Anaheim Master Agreement
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Russ Ward Auto Body

Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.

28. Contingency of Funds
Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Contract without penalty.

29. Prevailing Wage (as applicable)
Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime w ages in this locality for each craft, classification, or type of worker needed to execute Contract. The rates are available from the Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.

A. Labor Code Requirements: Contractor and all subcontractors shall comply with all applicable requirements of the Labor Code throughout the performance of Contract, including but not limited to the following:

B. Labor Code Notice: Contractor and all subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5.

Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Contract, Contractor and each subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

C. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

D. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the gene ral prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relati ons. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk’s Office or visit the website of the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code.

E. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Depa rtment of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

F. Registration of Contractor: All contractors and subcontractors must comply wit h the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance moni toring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC -100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:

1. $25,000 for new construction, alteration, installation, demolition or repair

2. $15,000 for maintenance
G. If the project meets or exceeds these amounts, the City and the Contractor are required to register the project with the California Department of Industrial Relations.

H. Payroll Records: Contractor and any subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 direc tly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.The requirements of Labor Code Section 1776 provide, in summary:

1. Contractor and any subcontractor(s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor(s) in connection with the work.

2. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her e mployees in connection with the Contract.

3. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776.

4. Contractor shall inform City of the location o f the payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and address of the records.

5. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) s hall have ten (10) days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein. In the event that Contractor or any subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100), or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is ef fectuated. Contractor acknowledges that, without limitation as to other remedies of enforcement available to City, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of I ndustrial Relations, such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

6. Contractor and any subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined

City of Anaheim Master Agreement
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Russ Ward Auto Body

by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of worker needed in the performance of this Contract, as well as any additional job site notices required b y Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office of City’s representative, or may be obtained from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If the Contract is federally funded, Contractor and any subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.

I. Work Hour Penalty: Eight (8) hours of labor constitute a legal day's work, and forty (40) hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the City Twenty Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight (8) hours per day of not less than 1-1/2 times the basic rate of pay.

J. Wage Rate Penalty: Contractor and any subcontractor(s) shall comply with the provisions of Labor Code Section 1775. Contractor and any subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided by Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done by Contractor or subcontractor(s) under Contract.

K. Apprentices: The Contractor acknowledges and agrees that, if this Contract involves a d ollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations.

Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work.

Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractor under him may be required to make contribution s to the apprenticeship program.

The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.

30. Expenditure Limit
Contractor shall notify City of Anaheim in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. City will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.

City of Anaheim Master Agreement
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Russ Ward Auto Body

31. California Public Records Act
Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the Califo rnia Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.

City Additional Terms and Conditions

32. Scope of Contract
This Contract specifies the terms and conditions by which the City will procure AUTOMOTIVE BODY REPAIR SERVICES from the Contractor, as further detailed in the Scope of Work, identified and incorporated herein by this reference as "Attachment A". All services provided under this Contract shall conform to the Scope of Work as set forth in this contract.

33. Term of Contract
This Contract shall commence upon execution of all necessary signatures.

34. Adjustments – Scope of Work
No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.

35. Bills and Liens
Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “28” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.

36. Changes in Specifications
No changes shall be made in the specifications unless authorized by the City. The City shall have the right to make reasonable changes at any time, if not cost is associated with those changes, including drawings that are a part thereof or made a part thereof by reason of the changes.

37. Civil Rights
Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilitie s Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

City of Anaheim Master Agreement
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Russ Ward Auto Body

38. Americans with Disabilities Act (ADA)
Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Se ctions 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.

39. Authorization Warranty
The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.

40. Breach of Contract
The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

A. Terminate Contract immediately; and
B. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and C. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
D. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.

41. Conflict of Interest – Contractor’s Personnel
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder.

Contractor’s efforts shall include, but n ot be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.

42. Conflict of Interest – City Personnel
City Council policy prohibits its employees from engaging in activities involving a conflict of interest.

Contractor shall not, during the period of this Contract, employ any City employee for any purpose.

43. Contractor’s Project Manager and Key Personnel
Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Pro ject Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.

44. Contractor’s Records
Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.

45. Contractor Work Hours and Safety Standards
The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.

46. Conditions Affecting Work
Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.

47. Data – Title To
All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.

48. Default – Re-Procurement Costs
In case of Contract breach by Contr actor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying Ci ty the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

49. Defective Materials
Any materials not conforming to the requirements of the Specifications in Attachment A – Scope of Work and Specifications shall be considered defective. All such materials, whet her in place or not, shall be immediately removed from the site of the work. Any defective materials delivered or installed shall be removed by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due do th e Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.

50. Disputes – Contract
The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 59 “Notices”, such matter shall be brought to the attention of t he City Purchasing Agent by way of the following process:

The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Co ntract, unless City, on its own initiative, has already rendered such a final decision.

The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.

Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his des ignee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Cont ract for cause or termination for convenience.

51. Drug-Free Workplace
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:

A. Publish a statement notifying employees t hat unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).

B. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:

1. The dangers of drug abuse in the workplace; and

2. The organization’s policy of maintaining a drug-free workplace; and

3. Any available counseling, rehabilitation and employee assistance programs; and

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

4. Penalties that may be imposed upon employees for drug abuse violations.

C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:

1. Will receive a copy of the company’s drug-free policy statement; and

2. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.

D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:

1. Contractor has made false certification, or

2. Contractor violates the certification by failing to carry out the requirements as noted above.

52. Emergency/Declared Disaster Requirements
In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non - emergency/disaster conditions. The pricing quoted by Contractor sha ll apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services fro m Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be as signed. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.

53. Errors and Omissions
All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the Ci ty. Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City ap proval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.

54. Equal Employment Opportunity
Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as m ay now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or

City of Anaheim Master Agreement
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Russ Ward Auto Body

applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secreta ry of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Contractor agrees to comp ly with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

55. Headings
The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.

56. Liquidated Damages
In the event the Contractor fails to provide AUTOMOTIVE BODY REPAIR SERVICES or any portion thereof by the delivery dates as specified in the Contract or any agreed -upon amendment, the Contractor shall be liable for liquidated damages.

57. Mandatory Kick-Off Meeting
Upon award of the Contract, the awarded vendor(s) may be required to attend a mandatory kick-off meeting with City representatives to discuss important information related to the scope of work, the Contract, and the invoice payment process. A quarterly check-in meeting may be required to review any issues with the Contract.

58. News/Information Release
Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.

59. Notices
Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Contractor: Russ Ward Auto Body
Attn: Richard Ward
Phone: 714-535-3739
Email: [email protected]
Project Manager: Public Works
Attn: Derek Escobedo
Phone: 714-765-6866
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Maira Quezada
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: 714-765-5218
Email: [email protected]
With a copy to: City Clerk
City of Anaheim
200 S. Anaheim Blvd. 2nd Floor
Anaheim, CA 92805

60. Order Dates
Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.

61. Ownership of Documents
City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

62. Permits and Licenses
Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.

City of Anaheim Master Agreement
MA 106-498839 - Russ Ward Auto Body

Russ Ward Auto Body

63. Precedence
Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

64. Sub-Contracting
No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall substitute a breach of Contract.

In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate be reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the City of Anaheim.

65. Substitutions
The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.

66. Usage
No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.

67. Usage Reports
Contractor shall submit usage reports on an annual basis to the Assigned Buyer. The usage report shall be in a format specified by the City and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.

Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date following their respective signatures.

RUSS WARD AUTO BODY CITY OF ANAHEIM, a municipal corporation **signature_38844**

SIGNATURE

RICHARD WARD

FULL NAME

TITLE
**date_signed_38844**

DATE SIGNED

**signature_38845**

SIGNATURE
DEBORAH A. MORENO

FULL NAME

FINANCE DIRECTOR/ CITY TREASURER
TITLE
**date_signed_38845**

DATE SIGNED

ATTEST: APPROVED AS TO FORM:
**signature_38868**

SIGNATURE

THERESA BASS

FULL NAME
**date_signed_38868**

DATE SIGNED

CITY CLERK
TITLE

**signature_38870**

SIGNATURE

BRYN MORLEY

FULL NAME
**date_signed_38870**

DATE SIGNED

DEPUTY CITY ATTORNEY
TITLE

Exhibits List

A - SCOPE OF WORK - AUTOMOTIVE BODY REPAIR SERVICES
B - PRICING TABLES _ Russ Ward Auto Body
Exhibit A

SCOPE OF WORK - AUTOMOTIVE BODY REPAIR

SERVICES

INVITATION FOR BID

AUTOMOTIVE BODY REPAIR SERVICES
412-288243-MQ

IFB SCHEDULE
Release Date May 23, 2025
Question Submission Deadline June 9, 2025, 2:00pm
Bid Submission Deadline June 18, 2025, 2:00pm

IFB | AUTOMOTIVE BODY REPAIR SERVICES Page 1

3. SCOPE OF WORK

3.1. Overview of Requirements
A. All automotive body repair services must be done according to all applicable and acceptable industry standards, of the highest quality workmanship commensurate with the required work, and completed by the time required.

B. The intent of these specifications is to describe the repair requirements in general terms. The detailed specifications will be based on the particular requirements at the time that a given job is required. City will consider suggestions from Contractor and may accept alternates recommended if they provide equal or better functionality, durability, and cost effectiveness; however, City, in its sole discretion, may require specific manufacturers and model numbers for any given job.

C. City intends to split award amongst multiple vendors based on these specifications and eBid totals.

3.2. Bidder Qualifications - License and Certification Requirements A. Have a valid State of California, Bureau of Automotive Repair, Automobile Repair license number and expiration date.

B. Have a Hazardous Waste Identification Number.

C. Have a Spray Booth Permit Number.

D. Have at least three satisfactory references for whom bidder has provided similar services within the past five years OR
E. Have performed satisfactory work for the City within the past five years.

3.3. General Requirements - Specific Terms and Conditions A. On-Site Inspections

1. Permit City to conduct on-site vehicle inspections, as needed, to verify completed work and evaluate any change order service requests.

2. Adjust processes as necessary to ensure compliance with all applicable legal requirements and City specifications.

B. Specifications Conflict

1. All applicable laws, ordinances, codes, and local building codes govern over any City of Anaheim written specifications and referred to specifications.

2. Any issued addendums governs over its predecessor.

3. Any conflicts between the requirements of the specification, related specifications, addendums, purchase orders, master agreements, shall be referred to City for clarification prior to proceeding with any work of the effected equipment or components thereof.

IFB | AUTOMOTIVE BODY REPAIR SERVICES Page 2

4. City will determine precedence in the event of any conflict or ambiguity.

C. Industry Standards, Legal and Best Practice Requirements

1. Ensure that all equipment, materials, supplies, and work meet or better all applicable manufacturer’s published specifications and industry standards.

2. Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. In submitting a bid, Contractor acknowledges that they are self-informed regarding all legal requirements.

3. Perform all work and related activities in conformance with all applicable Drainage Area Management Plan (DAMP) and the Anaheim’s Local Implementation Plan (LIP), which include but are not limited to:
a. Train all personnel to a level equal or greater than the prescribed LIP. b. Perform all field activities in accordance with this training which should include, at a minimum, applicable Best Management Practices (BMP’s) (referenced in LIP, https://www.casqa.org/resources/bmp-handbooks/municipal-bmp-handbook), specifically SC-41 and SC-43.
c. Adhere to Anaheim Municipal Code Section 10.09: more specifically that Contractor activities shall not cause or contribute to the discharge of a pollutant to the storm drain system (street, catch basins or ribbon gutter, etc.), including mop water, or wash-water of any kind.
d. Abide by all applicable State and Federal Water Quality Regulations.

4. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices.

5. Be responsible for and bear all costs, expenses, fines, and penalties arising from and associated with any work, actions, and or violations performed contrary to any laws, ordinances, codes, rules or regulations.

D. Environmental Requirements

1. Comply with all current applicable local, state, and federal requirements.

2. Take all appropriate measures to fully protect all persons, property, work, and adjacent areas that are in, near, or within possible sphere that could be affected by the work before, during, and after work.

3. Do not reuse any removed materials unless CR so authorizes.

E. Security

1. Secure all equipment and materials and discourage theft, vandalism, and unauthorized entry by public.

2. Do not park or allowed to be parked a City vehicle overnight in an unsecured area.

IFB | AUTOMOTIVE BODY REPAIR SERVICES Page 3

3. Maintain a secure storage area for City vehicles that are being repaired at the vendor facility.

4. Provide evidence of Garagekeepers Legal Liability Insurance to CR.

F. Work Schedules

1. Perform all work per an agreed-upon schedule with CR.

2. Give City of Anaheim vehicles the highest possible priority in scheduling and performing services.

3. Report any delays in performing repairs to CR for consideration and approval G. Work Delays and Liquidated Damages

1. Note force majeure applies only when delays are clearly beyond control of or could not have been anticipated by Contractor. City will grant a time extension equivalent to exact number of working days as caused by the force majeure incident. City will not grant any monetary relief unless City caused the delay, then only for mobilizing and demobilizing costs, which shall be subject to negotiation.

2. Agree to liquidated damages for exact number of working days when delays are within the control of or could have been anticipated by Contractor.

3. City may assess Contractor liquidated damages per Table 1: Liquidated Damages (not as a penalty) to accommodate the work time extension and for safety violations and damages.

H. Materials and Equipment

1. Furnish Original Equipment Manufacturer items unless CR authorizes otherwise.

2. Furnish materials and supplies that meet or better all applicable specifications of the items being repaired.

3. Note that City may specify materials, manufacturer, grade, type, color, etc., which Contractor must utilize.

I. Unsatisfactory Work

1. City will NOT pay for any unsatisfactory work.

2. City may utilize alternate sources to correct any Contractor-attributed deficiency that Contractor fails to correct within 5 calendar days of notice and City will deduct from Contractor’s payment the total cost including City overhead.

J. Warranty

1. Note some equipment may have warranties and all materials utilized and all work performed must be within manufacturer’s warranty requirements; City will provide any known warranty requirements.

2. Warrant, at Contractor’s sole expense, from date of acceptance: all work for at least one year and for unlimited mileage.

IFB | AUTOMOTIVE BODY REPAIR SERVICES Page 4

3. Submit manufacturer’s warranty documentation to support replaced equipment.

4. Perform all in-warranty work, at no cost to City, within seven calendar days for routine requirements or within three business days of emergency after written notification from CR.

3.4. Liquidated Damages

LN VIOLATION PER OCCURRENCE
1 Routine Work: late or missed $100.00

3.5. Product Specifications

1. Ensure that all equipment, materials, supplies, and consumables meet or better all applicable manufacturer’s published specifications and industry standards for items being repaired or replaced.

2. Use only brand new, factory-sealed products unless CR authorizes otherwise.

3.6. Work Specifications
A. General

1. Perform all work in accordance with the latest editions or addenda of the following applicable codes, standards and specifications.

2. Perform all work according to all applicable industry-standards and to the highest quality commensurate with the required work.

3. Ensure that all work is done only by experienced and professional personnel.

4. Provide everything necessary to complete the repair work including but not limited to labor, equipment, materials, consumables, etc.

5. Ensure that all work properly and neatly fits the adjacent existing materials.

6. Perform work according to any applicable manufacturer’s specifications.

7. Respond in the time required.

8. Remove and properly dispose of any to-be-replaced materials.

9. Provide, to the CR, all documentation, altered diagrams, updated or new manuals, and the like within 7 calendar days after the repairs have been affected.

10. Utilize employees that are qualified to diagnose airbags and safety restraints, and capable of completing OE-specified repairs using in-house equipment with certified technicians, or utilize a qualified sublet provider with certified technicians.

11. Utilize a pressurized spray booth meeting all current federal and local requirements.

12. Utilize a paint mixing system capable of producing an original equipment manufacturer-type finish.

13. Utilize a hoist to fully lift a vehicle for inspection and repair.

IFB | AUTOMOTIVE BODY REPAIR SERVICES Page 5

14. Maintain a source of structural specifications covering vehicle structure and wheel alignment specifications according to the vehicle’s make, model, and year.

15. Utilize a measuring device capable of measuring in three dimensions (symmetrical or asymmetrical unibody structures) for the type of vehicle repaired, and provide written structural documentation or computer printout.

16. Utilize a gas metal arc (GMA/MIG) welder and technicians trained in proper welding techniques.

17. Utilize a four-point anchoring system capable of holding a vehicle in a stationary position during structural and body pulls suitable for the vehicle being repaired.

18. Complete and verify four-wheel alignment through computer printout either from an in-house alignment system or a qualified sublet alignment provider.

19. Remove and reinstall suspensions, engines, and drive trains or be able to provide a qualified sublet provider to perform these services as needed.

20. Reclaim, evacuate, and recharge vehicle air conditioning systems using in-house equipment and certified technicians or a qualified sublet provider.

21. Provide a list of Other Related Services: frame work, suspension alignment, glass replacement, etc.

B. Estimates and Invoices

1. List as line items on the estimate all procedures and parts necessary to repair the vehicle to pre-accident/damaged condition, whether or not included or recognized on the City’s request for repair.

2. Submit a final estimate, which is a true and accurate report of the repair requirements to CR for consideration and authorization.

3. Submit all additional costs to those listed on the authorized estimate for add-ons, hidden damage, etc. to CR for consideration and authorization

4. Write a true judgment time that reflects the costs of all labor, materials, and fees necessary to perform work on “Time and Material” estimates.

5. Do not utilize any Cost Shifting, which is illegal, unethical, and fraudulent. Cost Shifting is when all or some of the cost of one line item is transferred to another. Cost Shifting may involve adding unnecessary procedures or exaggerating labor times/costs in one area to offset other costs, which the City may not wish to pay. Cost Shifting may involve using less expensive parts or materials than listed on the estimate or final bill, or repairing a part that is listed as replaced to cover labor times/costs or parts not included elsewhere in the estimate or final bill.

6. Produce a final invoice that is a true and accurate report of the completed work.

IFB | AUTOMOTIVE BODY REPAIR SERVICES Page 6

7. Note the City may invite awarded Contractors to jobs expected to near $5,000 and above to provide quotations based on the eBid line item pricing. Contractors may provide additional discounts at the time of the quote, but quoted prices shall not exceed the eBid line item pricing. Contractor with the lowest total quote for a given job will be awarded that job.

8. The City may choose to award jobs that are expected to be less than $5,000 to the Contractor that it chooses; such choice will be based on past pricing, timely performance, and quality of work.

9. City may award emergency or urgent requests as is in the City's best interest.

3.7. Subcontractors

1. Provide a list Subcontractors and certified technicians for any sublet services supplied to the City.

2. The majority of the work as required herein and at the time the work is requested must be done by the awarded Contractor.

3. The work may not be subcontracted or sublet to another contractor unless the contractor has been listed on the Subcontractor List or a substitution of that contractor has been approved by CR in advance of any scheduled or actual work

3.8. Quantities & Term

1. City makes no commitment of any specific quantities during the term of the agreement; actual quantities will vary.

2. Quantities shown in the eBid Line Items are annual estimates, hypothetical, and used to evaluate bid results; actual quantities will vary significantly for a given repair, in both material and labor requirements.

3. The term of the agreement will be for a one-year base period with up to four one-year optional renewals.

3.9. Pricing Terms

1. Labor Rate: Body: this is strictly for the body labor work (NON-TAXABLE).

2. Labor Rate: Mechanical: this is strictly for mechanical labor work (NON-TAXABLE).

3. Labor Rate: Frame: this is strictly for the frame labor work (NON-TAXABLE).

4. Labor Rate: Paint: this is strictly for the body paint work (NON-TAXABLE); this is not for the Paint Materials.

5. Hazardous Material Disposal: $100 amount is a hypothetical dollar amount of hazardous material disposal and environmental fees (NON-TAXABLE).

6. Parts: Retail $4,000.00 amount is the hypothetical dollar amount of the manufacturer’s parts used in an average repair; discounts are taken after the total (TAXABLE).

IFB | AUTOMOTIVE BODY REPAIR SERVICES Page 7

7. Paint Materials Rate: this is for the paint materials only based on the each hour that the paint is being applied and is taxable; this is not for Labor Rate: Paint (TAXABLE).

8. Discount % Off: this is the discount that your firm offers to the City based on the category (parts, dollar amount).

9. Sales Tax: City will add the appropriate sales tax to each order.

10. Permits, Licenses and Fees: Obtain, at Contractor’s sole expense, all permits and licenses required in connection with the work and in Contractor’s name.

11. Additional Charges: not allowed: no fuel surcharges, no mileage rates

12. Standard pay terms: Net 30 days. Payment will be made within thirty days of acceptance of goods or services and receipt of invoice, whichever occurs last.

Exhibit B
PRICING TABLES _ Russ Ward Auto Body

The City of Anaheim
Central Purchasing Office
Purchasing Agent
200 S. Anaheim Blvd, Anaheim, CA 92805

[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT
IFB No. 412-288243-MQ

AUTOMOTIVE BODY REPAIR SERVICES
RESPONSE DEADLINE: June 18, 2025 at 2:00 pm
Report Generated: Tuesday, October 7, 2025

Russ Ward Auto Body Response

CONTACT INFORMATION
Company:

Russ Ward Auto Body
Email:
[email protected]
Contact:

Richard Ward
Address:
126 W Elm St
Anaheim, CA 92805
Phone:
(714) 535-3739
Website:
www.russwardautobody.com
Submission Date:

Jun 4, 2025 10:41 AM (Pacific Time)
[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT
IFB No. 412-288243-MQ

AUTOMOTIVE BODY REPAIR SERVICES

[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT

INVITATION FOR BID - AUTOMOTIVE BODY REPAIR SERVICES

PRICE TABLES

PRICING - YEAR ONE OF CONTRACT (BASE YEAR)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 LABOR RATE: BODY 1,000 HR $45.00 $45,000.00
2 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE) : BODY 300 HR $60.00 $18,000.00 3 LABOR RATE: MECHANICAL 400 HR $65.00 $26,000.00
4 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE): MECHANICAL 250 HR $75.00 $18,750.00 5 LABOR RATE: FRAME 500 HR $65.00 $32,500.00
6 LABOR RATE: PAINT - BODY PAINT WORK 700 HR $45.00 $31,500.00 7 PAINT MATERIALS RATE (TAXABLE) RATE FOR PAINT MATERIALS ONLY, BASED ON

EACH HOUR THAT PAINT IS BEING APPLIED
700 HR $41.00 $28,700.00
8 PARTS: RETAIL: (TAXABLE) - ENTER $4,000. 00 AS THE UNIT PRICE 135 LOT $4,000.00 $540,000.00 9 HAZARDOUS MATERIAL DISPOSAL - ENTER $100.00 AS THE UNIT PRICE 100 LOT $100.00 $10,000.00 TOTAL $750,450.00

PRICING - YEAR TWO OF CONTRACT (1ST RENEWAL)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
10 LABOR RATE: BODY 1,000 HR $46.00 $46,000.00
[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT
IFB No. 412-288243-MQ

AUTOMOTIVE BODY REPAIR SERVICES

[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT

INVITATION FOR BID - AUTOMOTIVE BODY REPAIR SERVICES

Line Item Description Quantity Unit of
Measure
Unit Cost Total
11 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE) : BODY 300 HR $61.00 $18,300.00 12 LABOR RATE: MECHANICAL 400 HR $65.00 $26,000.00
13 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE): MECHANICAL 250 HR $75.00 $18,750.00 14 LABOR RATE: FRAME 500 HR $65.00 $32,500.00
15 LABOR RATE: PAINT - BODY PAINT WORK 700 HR $46.00 $32,200.00 16 PAINT MATERIALS RATE (TAXABLE) RATE FOR PAINT MATERIALS ONLY, BASED ON

EACH HOUR THAT PAINT IS BEING APPLIED
700 HR $41.00 $28,700.00
17 PARTS: RETAIL: (TAXABLE) - ENTER $4,000. 00 AS THE UNIT PRICE 135 LOT $4,000.00 $540,000.00 18 HAZARDOUS MATERIAL DISPOSAL - ENTER $100.00 AS THE UNIT PRICE 100 LOT $100.00 $10,000.00 TOTAL $752,450.00

PRICING - YEAR THREE OF CONTRACT (2ND RENEWAL)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
19 LABOR RATE: BODY 1,000 HR $46.00 $46,000.00
20 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE) : BODY 300 HR $61.00 $18,300.00 21 LABOR RATE: MECHANICAL 400 HR $65.00 $26,000.00
22 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE): MECHANICAL 250 HR $75.00 $18,750.00 [RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT
IFB No. 412-288243-MQ

AUTOMOTIVE BODY REPAIR SERVICES

[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT

INVITATION FOR BID - AUTOMOTIVE BODY REPAIR SERVICES

Line Item Description Quantity Unit of
Measure
Unit Cost Total
23 LABOR RATE: FRAME 500 HR $65.00 $32,500.00
24 LABOR RATE: PAINT - BODY PAINT WORK 700 HR $46.00 $32,200.00 25 PAINT MATERIALS RATE (TAXABLE) RATE FOR PAINT MATERIALS ONLY, BASED ON

EACH HOUR THAT PAINT IS BEING APPLIED
700 HR $41.00 $28,700.00
26 PARTS: RETAIL: (TAXABLE) - ENTER $4,000. 00 AS THE UNIT PRICE 135 LOT $4,000.00 $540,000.00 27 HAZARDOUS MATERIAL DISPOSAL - ENTER $100.00 AS THE UNIT PRICE 100 LOT $100.00 $10,000.00 TOTAL $752,450.00

PRICING - YEAR FOUR OF CONTRACT (3RD RENEWAL)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
28 LABOR RATE: BODY 1,000 HR $47.00 $47,000.00
29 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE) : BODY 300 HR $62.00 $18,600.00 30 LABOR RATE: MECHANICAL 400 HR $65.00 $26,000.00
31 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE): MECHANICAL 250 HR $75.00 $18,750.00 32 LABOR RATE: FRAME 500 HR $65.00 $32,500.00
33 LABOR RATE: PAINT - BODY PAINT WORK 700 HR $47.00 $32,900.00 [RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT
IFB No. 412-288243-MQ

AUTOMOTIVE BODY REPAIR SERVICES

[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT

INVITATION FOR BID - AUTOMOTIVE BODY REPAIR SERVICES

Line Item Description Quantity Unit of
Measure
Unit Cost Total
34 PAINT MATERIALS RATE (TAXABLE) RATE FOR PAINT MATERIALS ONLY, BASED ON

EACH HOUR THAT PAINT IS BEING APPLIED
700 HR $42.00 $29,400.00
35 PARTS: RETAIL: (TAXABLE) - ENTER $4,000. 00 AS THE UNIT PRICE 135 LOT $4,000.00 $540,000.00 36 HAZARDOUS MATERIAL DISPOSAL - ENTER $100.00 AS THE UNIT PRICE 100 LOT $100.00 $10,000.00 TOTAL $755,150.00

PRICING - YEAR FIVE OF CONTRACT (4TH & FINAL RENEWAL)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
37 LABOR RATE: BODY 1,000 HR $47.00 $47,000.00
38 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE) : BODY 300 HR $62.00 $18,600.00 39 LABOR RATE: MECHANICAL 400 HR $65.00 $26,000.00
40 LABOR RATE: HEAVY DUTY (CLASS 8 & ABOVE): MECHANICAL 250 HR $76.00 $19,000.00 41 LABOR RATE: FRAME 500 HR $66.00 $33,000.00
42 LABOR RATE: PAINT - BODY PAINT WORK 700 HR $48.00 $33,600.00 43 PAINT MATERIALS RATE (TAXABLE) RATE FOR PAINT MATERIALS ONLY, BASED ON

EACH HOUR THAT PAINT IS BEING APPLIED
700 HR $43.00 $30,100.00
44 PARTS: RETAIL: (TAXABLE) - ENTER $4,000. 00 AS THE UNIT PRICE 135 LOT $4,000.00 $540,000.00 [RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT
IFB No. 412-288243-MQ

AUTOMOTIVE BODY REPAIR SERVICES

[RUSS WARD AUTO BODY] RESPONSE DOCUMENT REPORT

INVITATION FOR BID - AUTOMOTIVE BODY REPAIR SERVICES

Line Item Description Quantity Unit of
Measure
Unit Cost Total
45 HAZARDOUS MATERIAL DISPOSAL - ENTER $100.00 AS THE UNIT PRICE 100 LOT $100.00 $10,000.00 TOTAL $757,300.00

FIXED PERCENTAGE DISCOUNT OFF MANUFACTURER'S RETAIL PRICE LIST FOR PARTS

THIS PERCENTAGE RATE IS FIXED FOR THE ENTIRE DURATION OF THE CONTRACT Line Item Description Unit of Measure Percentage
46 PARTS: DISCOUNT % OFF MANUFACTURER'S RETAIL PRICE LIST FOR PARTS PERCENTAGE 5%