HomeMy WebLinkAboutAgenda Report - August 1, 2001 E-10OF �
CITY OF LODI COUNCIL i i
�4<%FORa�Q
AGENDA TITLE: Adopt Resolution Awarding Contract for Towing Services for Vehicle Abatement to
Plummer Towing, Lodi
MEETING DATE: August 1, 2001
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council adopt the Resolution awarding the contract to
Plummer Towing, Lodi, to provide towing services for vehicle abatement
under Lodi Municipal Code § 10.56.010 and 10.56.020.
BACKGROUND INFORMATION: The Community Development Department and the Lodi Police
Department administer a contract for towing services which is
utilized by Community Improvement Division for vehicle abatement
from private property and by the LPD Partners Unit for vehicle
abatement from the public right-of-way.
The previous contract expired several years ago. At that time, it was noted that the contract did not
meet the requirements for towing services provided to the LPD Partners, so the Community
Development Department and the Police Department have been working with local service providers
and the City Attorney's Office to draft a contract that serves the two quite different vehicle abatement
activities.
That completed, a Request for Proposals with the new contract and Vehicle Removal Agreement was
sent out to towing companies in the Stockton, Lodi and Galt areas. From that, two proposals were
received. Both are from Lodi -based businesses, J&D Auto Body and Plummer Towing.
Both proposals were to provide towing services in accordance with the provisions of the contract and
Vehicle Removal Agreement and both service providers met the basic requirements in order to qualify to
provide the services. Staff was able to determine that Plummer Towing has eight tow trucks and J&D
has three tow trucks available for use in Lodi.
APPROVED:
H, Dix 0 Flynn -- Ci anager
Award Plummer080101.tloc 07/25/01
Staff has based their recommendation solely on the service provider's ability to provide the required
services as stated in the Vehicle Removal Agreement and has determined that the contract for towing
services should be awarded to Plummer Towing.
FUNDING: No Funding Required
Konradt Bartlam
Community Development Director
Prepared by Community Improvement Manager Joseph Wood
KBljw
Attachments
c: Jeanie Biskup, Police Volunteer Coordinator
Award Plummer080101.doc
Je Ada s
/��
Chief of Police
(APPENDIX)
VEHICLE REMOVAL AGREEMENT
This agreement, made and entered into this day of
2001, by and between the City of Lodi, a municipal corporation of State of California
hereinafter referred to as "City," and Plummer Towing, hereinafter referred to as
"Contractor."
WITNESSETH:
WHEREAS, Lodi Municipal Code (LMC) Chapter 10.56, provides for the removal
of improperly parked vehicles and the removal and dismantling of abandoned, wrecked,
dismantled or inoperative vehicles on private or public property within the incorporated
limits of the City of Lodi; and
WHEREAS, Contractor is a duly licensed automobile dismantler or is contracted
with a duly licensed automobile dismantler, with sufficient equipment to fulfill the
requirements of removal of improperly parked vehicles as well as the removal and
dismantling of vehicles removed per LMC §10.56.020 and is desirous of providing such
service to City;
NOW, THEREFORE, City and Contractor mutually agree as follows:
1. Scope of Agreement. This agreement shall cover the removal, storage,
disposal and dismantling pursuant to Lodi Municipal Code Chapter 10.56 of all
improperly parked, abandoned, wrecked, dismantled or inoperative vehicles located
upon private or public property in the incorporated area of the City of Lodi.
2. Orders for Removal. Contractor shall only remove vehicles when the
order for removal has been given by the Community Development Director, the Chief of
Police or their duly authorized representatives.
3. Term. This agreement shall be in effect for a period of three (3) years
from the date set forth herein above. This agreement may be further extended for a
period of not more than two (2) additional years, for a total term of five (5) years at the
sole and exclusive option of the City.
4. Exclusive Rights. Contractor shall have the exclusive right to remove all
vehicles ordered removed pursuant to the provisions of Lodi Municipal Code Chapter
10.56 and City agrees not to contract with any other automobile dismantler during the
period of this agreement for said services.
5. Charges. Contractor agrees to remove all vehicles ordered removed
pursuant to Lodi Municipal Code §10.56.020 without charge to the City or the owners
thereof, and vehicles shall only be dismantled or scrapped and shall not thereafter be
reconstructed or made operable, but Contractor may sell or dispose of such dismantled
automobiles for his own benefit. Removals made pursuant to nodi Municipal Code
§10.56.010, which results in the impounding and storage of a vehicle shall have been
the charges normally associated with impounding and storage. Such charges shall be
the responsibility of the vehicle owner, not a charge to the City.
6. Services Provided by Contractor. Contractor agrees to provide, maintain
and operate equipment sufficient to fulfill the requirements of this Agreement and be
capable of removing at least ten (10) vehicles or parts thereof each week. Vehicles
removed at the request of private individuals shall not be included as any part of the
required performance. Contractor agrees to operate his or her business from 8:00 a.m.
to 6:00 p.m., Monday through Friday inclusive, excluding legal holidays. Employees of
contractor shall wear a clean and neat uniform with the identification of contractor plainly
imprinted on the uniform. Employees shall be courteous with good manners and no
profane language shall be used. All equipment of contractor shall be neatly painted and
maintained in a business -like manner with the identification of contractor professionally
painted thereon.
I
7. Compliance with the Laws. Contractor agrees to comply with all
provisions of law including, but not limited to, the operation of his vehicles and
dismantling yard.
8. Time and Method or Removal. Contractor agrees to remove vehicles
promptly and in any event not later than twenty-four (24) hours after the order for
removal is given pursuant to Lodi Municipal Code §10.56.020. When removing the
vehicles or parts thereof, the property on which it was located shall be left free from
glass or other vehicular debris. Ordered removals made pursuant to Lodi Municipal
Code §10.56.010 shall be responded to within twenty (20) minutes of notification of
request for removal.
Contractor is not required to obtain permission of the owner of property upon
which a vehicle has been ordered removed before entering thereon, but contractor shall
not:
1. Enter any areas secured by fences or walls without consent or
warrant;
2. Forcibly enter any area;
3. Remain or continue operations if objection from any person is
encountered. Contractor shall immediately repot any such
incident to the Community Development Director, the Chief of
Police or their duly authorized representatives, for further
direction.
9. Independent Contractor. It is understood and agreed that contractor, in
performing this agreement, is an independent contractor and is not performing services
herein required as an agent or employee of City.
10. Records. Contractor agrees to maintain complete records of vehicles
removed and/or disposed of. In addition, contractor agrees to notify City in writing within
ten (10) days after any vehicle is removed.
11. Private Removals. Any provision of this agreement to the contrary
notwithstanding, contractor may solicit automobile removal, salvage and dismantling
business from individuals provided that in so doing contractor shall not directly or
indirectly suggest, state or imply that a City ordinance requires such removal. Any
vehicles so removed, salvaged or dismantled shall not be construed to have been
removed, salvaged or dismantled pursuant to the terms of Lodi Municipal Code Chapter
10.56 or under the provisions of this agreement. It is also understood and agreed
contractor shall not charge individuals for the removal of any vehicle or parts thereof
provided that proper documentation of title is furnished contractor pursuant to the
Vehicle Code of the State of California. Said documentation shall be furnished
contractor prior to removal of any vehicle or part thereof. Contractor shall furnish written
record to City by the fifth (5th) day of each month of all vehicles or parts thereof
removed by contractor during the previous calendar month pursuant to this article.
12. Indemnity and Insurance. Contractor assumes all risks incident to or in
connection with this agreement for the full period thereof and shall be solely responsible
for all accidents or injuries to persons or property caused by its operations. Contractor
agrees to maintain in full force and effect during the term of this contract a policy of
comprehensive general liability insurance under which contractor is named as insured,
and containing an Additional Named Insured Endorsement naming City, its officers,
agents and employees as additional insureds. Contractor agrees to indemnify and hold
harmless City, its officers, agents, employees and volunteers from, and against all costs,
expenses and liability arising out of, or based upon, any and all property damage, or
damages for personal injuries, including death, sustained in accidents occurring in the
course of carrying out the terms of this agreement; where such accident, damage or
injury, including death, results or is claimed to have resulted, from any act or omission
on the part of contractor or contractor's officers, agents or employees. The minimum
limits of such insurance shall be $1,000,000.00 each occurrence. In addition to the
Additional Named Insured Endorsement on contractor's policy of insurance, said
insurance policy shall be endorsed to include the following language:
"Such insurance as is afforded by the endorsement for the Additional Insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or
5
its officers, agents, employees or volunteers shall be excess only and not
contributing with the insurance afforded by this endorsement."
A duplicate or certificate of said comprehensive general liability and property
damage insurance containing the above -stated required endorsements and which meets
all of the specifications as enumerated by the "Risk Transfer Requirements for Lease or
Use of City Facilities" (attached hereto as Exhibit A and incorporated herein by
reference) shall be delivered to city within ten (10) days after the issuance and each
renewal of said policy. This paragraph and all other provisions of this agreement shall
apply and be construed as applying to any subcontractor of contractor.
13. Termination for Default. If either party hereto defaults or fails to perform
any of the terms herein provided, this agreement shall terminate upon failure of the
defaulting party to correct said default within fifteen (15) days after receiving written
notice thereof from the other party hereto, but said termination shall not be exclusive of
other remedies provided by law or in equity for such default. Time is of the essence of
this agreement and every provision hereof shall be construed to be material and
substantial.
14_ Cancellation. This agreement shall be and remain In effect for a period of
three (3) years from and after the date hereof, provided, however, that this
Agreement may be unilaterally cancelled by City or Contractor upon ninety (90) days
written notice to the other party.
15. Code Compliance. Contractor has read Lodi Municipal Code Chapter
10.56, is familiar with its contents and agrees to conduct its operations at all times in
conformance therewith.
6
IN WITNESS WHEREOF, the parties have set their hands as of the date first
herein above written.
CITY OF LODI, a municipal corporation: Contractor:
an
H. Dixon Flynn
City Manager
Attest:
Susan J. Blackston
City Clerk
Approved as to Form:
Randall A. Hays
City Attorney
Table of Contents
Page
General Terms and Conditions ..................................... 3
Special Terms and Conditions ...................................... 6
Vehicle Removal .............................................. Appendix
8
General Proposal Term & Conditions
REQUIREMENT TO MEET ALL PROPOSAL PROVISIONS.
Each proposal shall meet all of the specifications and proposal terms and
conditions_ By virtue of the proposal submission and acceptance of the proposal
award, the proposer acknowledges agreement with and acceptance of all
provisions of the specifications, except as expressly qualified in the proposal.
Non -substantial deviations may be considered, provided that the proposer
submits a full description and explanation of, and justifications for, the proposed
deviations. Final determination of any proposal deviation will be made by the
City of Lodi.
PROPOSAL RETENTION AND AWARD.
The City reserves the right to retain all proposals for a period of sixty (60) days
for examination and comparison. The City also reserves the right to waive non -
substantial irregularities in any proposal, to reject any and all proposals, to reject
or delete one part of a proposal and accept the other, except to the extent that
the proposals are qualified by specific limitations, and to make award as the
interests of the City may require based on the criteria identified in the "Special
Terms & Conditions."
PROPOSAL WITHDRAWAL.
Proposer may withdraw his/her proposal, without prejudice prior to the time
specified for the opening; by submitting a written request to the Community
Development Director for iftS withdrawal, in which event the proposal will be
returned to the proposer unopened. No proposal received after the time
specified or in any place other than the place stated in the "Request for
Proposals" will be considered. All proposals will be opened and declared
publicly. Proposers or their representatives are invited to be present at the
opening of the proposals.
SUBMISSION OF ONE PROPOSAL ONLY.
No individual or business entity of any kind shall be allowed to make or file, or to
be interested in, more than one proposal, except an alternative proposal when
specifically requested; however, an individual or business entity which has
submitted a sub -proposal to a proposer submitting a proposal, or who has
quoted prices on materials to such proposer, is not thereby disqualified from
submitting a said proposal or from quoting prices to other proposers submitting
proposals.
5. CONTRACT REQUIREMENTS.
The proposer to whom the award is made shall execute a written contract with
the City within ten (10) calendar days after a notice of the award has been sent
by mail to it at the address given in its proposal. The contract shall be made in
the form adopted by the City and incorporated in the specifications (Appendix).
The proposer warrants that he/she possesses, or has arranged through
subcontracts, all capital and other equipment, labor and materials to carry out
and complete the work hereunder in compliance with all Federal, State, County,
City and Special District laws, ordinances, and regulations which are applicable.
6. FAILURE TO ACCEPT CONTRACT.
If the proposer to whom the award is made fails to enter into the contract; the
award will be annulled; any proposal security will be forfeited in accordance with
the special proposal terms and be made to the next lowest responsible proposer
who shall fulfill every stipulation as if it were the party to whom the first award
was made.
CONTRACT ASSIGNMENT.
The proposer shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to
any individual or business entity of any kind without the previous written consent
of the City of Lodi.
8. NONDISCRIMINATION.
In the performance of the terms of this contract, the proposer agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex,
national origin or ancestry, or religion of such person.
Should the successful proposer be obstructed or delayed in the work required to
be done hereunder by changes in the work or by any default, act, or omission of
the City, or by strikes, fire, earthquake, or any other act of God, or by the inability
to obtain materials, equipment, or labor due to Federal government restrictions
arising out of defense or war programs, then the time of completion may, at the
City's sole option, be extended for such periods as may be agreed upon by the
City and the successful proposer. In the event that there is insufficient time to
grant such extension prior to the completion date of the contract, the City may, at
the time of acceptance of the work, waive liquidated damages which may have
accrued for failure to complete on time, due to any of the above, after hearing
evidence as to the reasons for such, and making a finding as to the causes of
same.
10. LABOR ACTIONS.
In the event that the successful proposer is experiencing a labor action at the
time of the award of the proposal (or if its suppliers or subcontractors are
experiencing a labor action), the City reserves the right to declare that said
proposer is no longer a responsible proposer, and to select another proposer
that is not experiencing a labor action.
11. COMMUNICATIONS REGARDING PROPOSAL PERIOD.
All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not
encouraged, but will be permitted. However, such verbal communication shall
not be binding on the City.
SPECIAL TERMS & CONDITIONS
1. CONTRACT TERM.
The Agreement shall remain in effect for a period of three (3) years.
2. QUALIFICATIONS OF CONTRACTOR.
Contractor shall be a duly licensed automobile dismantler or shall have an
agreement in place with a duly licensed automobile dismantler to accept
vehicles. Contractor must have sufficient equipment and personnel to remove at
least ten (10) vehicles or parts thereof per week. Contractor shall maintain a
clean, fenced tow yard and shall not place removed vehicles on any public
street, or otherwise place removed vehicles outside of the fenced portion of the
tow yard.
3. EXCLUSIVE RIGHT.
Contractor shall have the exclusive right to remove all vehicles ordered removed
pursuant to Lodi Municipal Code §10.56.010 and §10.56.020.
4. CHARGES.
Contractor shall remove all vehicles ordered removed pursuant to Lodi Municipal
Code §10.56.020 without charge to the City or the owners thereof, and vehicles
shall only be dismantled or scrapped and shall not thereafter be reconstructed or
made operable, but contractor may sell or dispose of such dismantled
automobiles for his/her own benefit. Removals made pursuant to Lodi Municipal
Code §10.56.010 which result in the impounding and storage of a vehicle shall
bear the charges normally associated with impounding and storage and be
charged to the vehicle owner not the City.
5. TIME OF REMOVAL.
Contractor will remove vehicles promptly and in any event not later than twenty-
four (24) hours after ordered to do so for removals pursuant to Lodi Municipal
Code §10.56.020. Removals made pursuant to Lodi Municipal Code §10.56.010
shall be responded to within twenty (20) minutes of notification of request for
removal.
W
RECORDS.
Contractor will retain complete records of vehicles removed and/or disposed of.
INDEMNITY AND INSURANCE.
Contractor will assume all risks incident to, or in connection with, this agreement
and shall be solely responsible for all accidents or injuries to persons or property
caused by its operation. Contractor shall maintain in full force and effect a policy
of public liability insurance in which contractor shall be named as insured and the
City of Lodi as an additional named insured. The minimum limits of such
insurance policy shall be $1,000,000 per occurrence.
CONFLICT OF INTEREST.
The contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of the City. It is expressly agreed
that, in performing these services, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
RESOLUTION NO. 2001-190
A RESOLUTION OF THE LODI CITY COUNCIL
AWARDING CONTRACT FOR TOWING
SERVICES FOR VEHICLE ABATEMENT
WHEREAS, in answer to Request for Proposals for towing services for vehicle
abatement under Lodi Municipal Code §§10.56.010 and 10.56.020, two proposals were
received; and
WHEREAS, proposals were received from J&D Auto Body and Plummer Towing, both
of Lodi, California; and
WHEREAS, both proposals were to provide towing services in accordance with the
provisions of the contract and Vehicle Removal Agreement and both service providers met the
basic requirements in order to qualify to provide the services; and
WHEREAS, staff has based its recommendation solely on the service provider's ability
to provide the required services as stated in the Vehicle Removal Agreement and has
determined that Plummer Towing is better suited to do so, based upon the fact that Plummer
Towing has eight tow trucks and J&D has three tow trucks available for use in Lodi.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that the contract for
towing services for vehicle abatement be awarded to Plummer Towing, of Lodi, California.
Dated: August 1, 2001
------------------------------------------------------------------------
I hereby certify that Resolution No. 2001-190 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 1, 2001, by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Land, Pennino and Mayor Nakanishi
NOES: COUNCIL MEMBERS — Howard
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2001-190
CITY OF LODI
CITY COUNCIL MEMBERS
221 W PINE STREET
LODI, CA.95240
PLUMMER TOWING AODI
127 E. HARNEY LANE
LODI.CA 95240
Phone 209-369-8003
Fax 209-369-7488
Emaillodi562001(a)yahoo.com
R'E�cE fV
A/C '9 ��
Zoo,
Cci Clerk
tY of Lodi
JULY 23,2001
AS YOU ARE AWARE WE ARE TRYING TO OBTAIN THIS CONTRACT WITH THE
CITY AT THIS TIME.
CURRENTLY WE TOW THE L.P.D. HOLD FOR INVESTIGATION C -ARS IN WHICH THE
CITY IS RESPONSIBLE FOR THE TOWING AND STORAGE OF THESE DURING THE
PRE -INVESTIGATION AND THE INVESTIGATION PROCESS. DURING THE LAST 3 TO
4 YEARS I HAVE NOT CHARGED THE CITY FOR ANY STORAGE, I HAVE ONLY
CHARGED FOR THE TOW SAVING THE CITY OF LODI THOUSANDS OF DOLLARS.
WE HAVE ALSO PLANNED TO CONTINUE THIS SERVICE AS A WAY OF OUR
GIVING BACK TO THE COMMUNITY.
ALSO AT THIS TIME WE ARE TRYING TO GAIN THE ABANDONED AND ABATED
VEHICLE CONTRACTMITH THE AWARD OF THIS CONTRACT WE PROPOSE TO
TOW ALL THE L.P.D.,PARTNERS AND OTHER CITY OWNED CARS AND PICK-UP
TRUCKS THAT WE ARE ABLE TO TOW WITH OUR OWN EQUIPMENT AT NO COST
TO THE CITY OF LODI OR ITS RESIDENTS.
WE CAN ALSO TOW AND OTHERWISE TRANSPORT YOUR LARGE TRUCKS AND
EQUIPMENT WITH A SUBCONTRACTED COMPANY AT A REDUCED RATE, BUT
HAVE BEEN ASKED BY THE M.S.C. MANAGER THAT THEY STAY WITH THERE
CURRENT COMPANY FOR THE HEAVY DUTY TOWING, FOR WHICH I HAVE NO
OBJECTIONS.
THIS IS ANOTHER WAY OF GIVING BACK TO THE COMMUNITY AND SAVING THE
CITIZENS AND THE CITY THE COSTS INVOLVED IN TOWING AND STORING
ABANDONED AND ABATED VEHICLES
WE HOPE YOU WILL AGREE WITH THE COMMUNITY DEVELOPEMENT
DEPARTMENTS RECOMENDATION
SINCERLY
TERRY L BLEHM
MANAGER
PLUMMER TOWING
C: DIXSON FLYNN CITY MANAGER
JERRY ADAMS CHIEF OF POLICE
RAD DARTLAM COMMUNITY DEVELOPEML•'NT DIRECTOR
STEVE SCHABAUER CITY ATTORNEY
JEANINE BISKUP POLICE VOLUNTEER SUPERVISOR
RON TOBEC CAPTAIN LODI POLICE DEPT
ALAN S. NAKANISIII MAYOR
PHILLIP PENNINO MAYOR PRO TEMPORE
COUNCIL MEMBERS:
SUSAN HITCHCOCK
EMILY HOWARD
KEITH LAND