Thursday, 11 August 2022

CITY OF CLEARLAKE - NOTICE INVITING BIDS - CITY OF CLEARLAKE POLICE DEPARTMENT CODE ENFORCEMENT BUREAU ABANDONED VEHICLE ABATEMENT PROGRAM TOWING, STORING, DISMANTLING AND DISPOSAL SERVICES

NOTICE INVITING BIDS  CITY OF CLEARLAKE POLICE DEPARTMENT  CODE ENFORCEMENT BUREAU  ABANDONED VEHICLE ABATEMENT PROGRAM  TOWING, STORING, DISMANTLING AND DISPOSAL SERVICES  

SEPTEMBER 23, 2021  

The Code Enforcement Bureau is accepting bid proposals for the towing and disposal of abandoned vehicles  within the city limits of the City of Clearlake. Please read carefully before bidding. 

CITY OF CLEARLAKE  

NOTICE INVITING BIDS AND CONTRACT  

NOTICE INVITING BIDS Date Issued: September 23, 2021  

Bids covering the work described in this Notice Inviting Bids, Insurance Requirements, and Special Provisions entitled:  CODE ENFORCEMENT ABANDONED VEHICLE ABATEMENT PROGRAM TOWING, STORAGE,  DISMANTLING AND DISPOSAL SERVICES  

will be accepted at the City of Clearlake City Hall, 14050 Olympic Drive, Clearlake, CA 95422, until 2:00 PM local time on  Thursday, October 7, 2021. Information may be obtained by calling (707) 994-8251 x309. Sealed bid shall be addressed to the  above address and marked to show bidder’s name, address, title of project and date of opening.  

BID OR PROPOSAL (this section to be completed by bidder) Date submitted:____________________________________  

The undersigned agrees, if this bid is accepted within 30 days from the date of opening, to complete the work specified in strict  accordance with the above identified documents and the attached contract provisions and special provisions for a three (3) year  period beginning on the date of the Notice to Proceed, for the following amount for each vehicle towed:  

  1. FLAT FEE - Passenger Vehicle or Truck: $______________________________________________________________  B. FLAT FEE - Semi Vehicle (excluding trailer) or Buses with more than 2 axles: $_______________________________  C. FLAT FEE - Motor Homes or Travel Trailers: $_________________________________________________________ D. FLAT FEE - Vessel (with or without trailer): $___________________________________________________________  E. FLAT FEE - Difficult Recovery (rate per hour in addition to flat fee): $______________________________________  F. FLAT FEE - Removal of Refuse, Exceeding 1 Cubic Yard, from Vehicles (rate per cubic yard): $_________________ 

Bidder should note any limitations on providing tow and / or disposal services (e.g. vehicle weight, length, etc.). This includes  all applicable taxes. The undersigned further agrees, for any contract award resulting from this bid, to furnish evidence of  insurance as defined in Exhibit A.  

Bidder’s comments and exceptions:  

Name and address of bidder:  

_______________________________________ ____________________________________________   Signature of person authorized to sign  _______________________________________ ____________________________________________   Signer’s name and title (type or print)  _______________________________________ ____________________________________________   License No.  

Phone No.:______________________________ _____________________________________________   Federal ID Number or Social Security Number  

NOTICE OF AWARD (This section for City use only) Date of Award:_______________________________  The above bid is accepted and the Contract is awarded to you.  

By:______________________________________ Title:_______________________________________  

NOTICE TO PROCEED (This section for City use only) Date of Notice:________________________________  You are directed to proceed with the work upon receipt of this Award/Notice to Proceed.  

By:______________________________________ Title:________________________________________

CONTRACT 

  1. SCOPE OF SERVICES: Contractor shall do all work, attend all meetings, and carry out all activities necessary to  complete all services described in this document. This Contract and its exhibits, attached or incorporated by  reference, shall be known as the “Contract Documents.” The Contractor enters into this contract as an independent contractor and not as an employee of the City.  
  2. TIME OF PERFORMANCE: The services are to commence upon execution and receipt of this Contract and  shall be completed in a prompt and timely manner in accordance with the conditions of the Contract.  
  3. COMPENSATION: Payments may be paid monthly upon completion of agreed-upon portions of the work.  Invoices must be submitted to Code Enforcement Bureau Attn: Lee Lambert, 14050 Olympic Drive, Clearlake,  CA 95422.  
  4. TERMINATION: This Contract may be terminated, without cause, at any time by the City upon ten days written  notice. Contractor shall be compensated for all services provided for in the Contract to that date.  
  5. CHANGES: City or Contractor may request changes to the scope of services to be performed. Such changes must  be authorized in advance by the City in writing. Mutually agreed to changes shall be incorporated in written  amendments to this Contract.  
  6. WARRANTY: Contractor warrants that it has the expertise or has experts available to perform the services set  forth in this Contract in a manner consistent with accepted standards of its profession. It warrants that it will  perform said services in a legal manner in conformance with all applicable laws and guidelines.  
  7. LAWS TO BE OBSERVED: All services performed by Contractor shall be in accordance with all applicable  City, State and Federal ordinances, laws, requirements, restrictions and licensing provisions as the same now exist  or as they may be modified or adopted in the future.  
  8. CERTIFICATE OF COMPLIANCE WITH LABOR CODE 3700: Section 3700 of the Labor Code requires  every employer to be insured against liability for workers compensation or to undertake self-insurance in  accordance with the provisions of that code, and the Contractor will comply with such provisions before  commencing with any work of this Contract.  
  9. INTEREST IN CONTRACT: Contractor covenants that neither it nor any of its employees has any interest in  this Contract which would conflict in any manner or degree with the performance of its services hereunder.  
  10. NEGLIGENCE: Contractor shall be responsible for performing the work in a safe and skillful manner consistent  with generally accepted standards, and shall be liable for its own negligence and the negligent acts of its  employees. City shall have no right of control over the manner in which the work is done but only as to its  outcome, and shall not be charged with the responsibility of preventing risk to any of Contractor’s employees.  
  11. INDEMNITY: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City  and its officers, officials, employees and volunteers from and against all claims, damages, losses, and expenses  including attorney fees arising out of the performance of the work described herein, caused in whole or in part by  any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any  of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole  negligence, or willful misconduct of the City. These defense and indemnity obligations shall survive the  termination or completion of this agreement and are in addition to, and not limited by, the insurance obligations in  the agreement.  
  12. INSURANCE: Contractor shall not commence with any work before obtaining, and shall maintain in force at all  times during the term of this Contract, the policies of insurance as specified by the City as attached as Exhibit A  and incorporated herein by this reference.  
  13. MISCELLANEOUS PROVISIONS:  
  14. Contractor shall not engage in unlawful employment discrimination.  
  15. This Contract and its exhibits constitute the entire agreement between the parties relative to the services  herein and no modifications shall be effective unless and until such modification is in writing and signed  by both parties. 

SPECIAL PROVISIONS  

  1. SCOPE OF WORK 
  2. The bid amount listed in the Contract shall be for all direct and administrative costs for the towing, removal,  storage, dismantling and disposal of vehicles in accordance with the Clearlake Municipal Code and the California  Vehicle Code.  
  3. A) FLAT FEE - Passenger Vehicle or Truck: Any motor vehicle or part thereof, attached or not, including  tires up to a maximum of seven (7) per vehicle or truck; and which contains 1 cubic yard or less of rubbish, trash,  household garbage or other items not associated with the vehicle. This applies to all passenger vehicles or trucks.  
  4. B) FLAT FEE - Semi Vehicles (excluding trailer) or Buses with more than 2 axles: Any motor vehicle or  part thereof, attached or not, including tires up to a maximum of ten (10) per semi vehicle or bus; and which  contains 1 cubic yard or less of rubbish, trash, household garbage or other items not associated with the vehicle.  This applies to all semi vehicles and buses with more than 2 axles.  
  5. C) FLAT FEE - Motor Homes or Travel Trailers: Any motor home or travel trailer or part thereof, attached  or not, including tires up to a maximum of seven (7) per motor home or travel trailer; and which contains 1 cubic  yard or less of rubbish, trash, household garbage or other items not associated with the vehicle.  
  6. D) FLAT FEE - Vessels (with or without trailer): Any vessel, with or without a trailer, or part thereof,  attached or not, including tires up to a maximum of five (5) per vessel trailer; and which contains 1 cubic yard or  less of rubbish, trash, household garbage or other items not associated with the vehicle. This applies to all vessels,  with or without a trailer.  
  7. E) FLAT FEE - Difficult Recovery: The Code Enforcement Supervisor shall confirm the conditions meet the  definitions of difficult recovery prior to authorizing charges under this provision. Example of difficult recovery  may include, but is not limited to, vehicle down an embankment, not typically accessible due to ground conditions, other vehicles or obstructions in way, etc.  
  8. F) FLAT FEE- Removal of Refuse, Exceeding 1 Cubic Yard, from Vehicles: Vehicles that contain more  than one (1) cubic yard of refuse will be compensated, per vehicle and per cubic yard, at the listed bid price per  cubic yard basis. The Code Enforcement Supervisor shall approve any additional compensation for the removal  and disposal of any extraneous contents of negligible value, in access of one (1) cubic yard, found within a  vehicle to be removed by Contractor. Such extraneous contents may include, but is not limited to, additional tires,  garbage, trash, hazardous materials, appliances and other refuse.  
  9. The Contractor shall be capable of providing abatement services on an on-call basis. There is no guarantee as to  the annual contract amount in dollar amounts nor number of vehicles to be abated, as these amounts are dependent  upon available City funding, staffing and the number of vehicles requiring abatement by the City.  
  10. Contractor shall submit to the Code Enforcement Bureau on a monthly basis a request for payment of services  performed during the prior calendar month, including the number of vehicles processed under the Contract. For  each vehicle processed, the Contractor shall specify in the request for payment, the vehicle description and the  date and location of the service.  
  11. Contractor shall tow, store, and have the abandoned vehicles dismantled. Vehicles may be stored at the  contractor’s property or taken directly to a vehicle dismantler. Vehicles may not be stored at a city property. 
  12. Contractor shall keep accurate records and documentation, and file certain notifications pertaining to the vehicles  abated under this contract as may be required by the City or State of California including, but not limited to, logs,  journals, vehicle location, disposition of vehicles and billings.  
  13. In the case of a public safety issue, if a response cannot be met in a reasonable timeframe, the City has the right to  request an alternate tow company.  
  14. The City may allow another contractor to fill in and assist with towing services at the bid winner rates as needed if  the bid winner in unable to tow vehicles within a reasonable timeframe. 
  15. POINT OF CONTACT  

 The following City employees are involved in this project:  

 Contract Specialist: Melissa Swanson 994-8201 x 106   Code Enforcement Supervisor: Lee Lambert 994-8251 x 113   Code Enforcement Contact Jan Brejska 994-8251 x 309    

The Contractor’s primary contact is the Code Enforcement Bureau.  

  1. INQUIRIES  

Technical inquiries regarding any phase of this project shall be made to the Code Enforcement Supervisor.  All contract or insurance inquiries should be made to Melissa Swanson. 

EXHIBIT A  

CITY OF CLEARLAKE  

INSURANCE REQUIREMENTS FOR THE  

CODE ENFORCEMENT ABANDONED VEHICLE ABATEMENT PROGRAM TOWING,  STORAGE, DISMANTLING AND DISPOSAL SERVICES  

Contractor shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain the insurance listed  below. Coverage shall be at least as broad as Insurance Services Office (ISO) CG 00 01. Any requirement for insurance to be  maintained after completion of the work shall survive this agreement.  

  1. Workers' Compensation & Employers Liability

Workers' Compensation insurance with statutory limits as required by the Labor Code of the State of California.  Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per  policy.  

Thirty (30) days' prior written notice of cancellation or material change must be provided to the City of ClearlakeThe policy must include a written waiver of the insurer's right to subrogate against the City of ClearlakeRequired Evidence of Coverage:  

  1. Subrogation waiver endorsement; and  
  2. Properly completed Certificate of Insurance.  
  3. General Liability

Commercial General Liability Insurance no less broad than ISO form CG 00 01.  

Coverage shall be on a standard Occurrence form. Claims-Made forms are not acceptable without prior written consent from  the City of Clearlake. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent  from the City of Clearlake.  

Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations  Aggregate. The General Aggregate shall apply separately to each Project.  

Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000.  Coverage shall be continued for one (1) year after completion of the contract.  

The City of Clearlake must be an additional insured for liability arising out of ongoing and completed operations by or on  behalf of the contractor. The City of Clearlake shall continue to be an additional insured for completed operations for (1)  year after completion of the contract.  

The policy definition of “insured contract” shall include assumptions of liability arising out of both ongoing operations and  the products-completed operations hazard (“f” definition of insured contract in ISO form CG 00 01, or equivalent).  The insurance provided to the City of Clearlake as an additional insured must apply on a primary and non-contributory basis  with respect to any insurance or self-insurance program maintained by the City of Clearlake.  

Thirty (30) days' prior written notice of cancellation or material change must be provided to the City of Clearlake. The  policy must cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured  separately.  

Required Evidence of Coverage:  

  1. Copy of the additional insured endorsement or policy language granting additional insured status;  2. Copy of the endorsement or policy language indicating that coverage applicable to the City of Clearlake is primary and  non-contributory; and  
  2. Properly completed Certificate of Insurance. 
  3. Automobile Liability

Minimum Limit: $1,000,000 combined single limit per accident.  

Coverage must apply to all owned, hired and non-owned vehicles.  

The policy must include an MCS 90 endorsement if required by the Department of Transportation under Motor Carrier Act of  1980.  

The policy must include a Pollution Liability endorsement (ISO form CA 99 48 or equivalent).  

The City of Clearlake must qualify as an insured.  

Required Evidence of Coverage:  

  1. Copy of the endorsement or policy language indicating that the City of Clearlake is an insured;  
  2. Copy of the MCS-90 endorsement if required;  
  3. Copy of pollution liability endorsement; and  
  4. Properly completed Certificate of Insurance.  
  5. Contractors Pollution Liability

Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate;  

Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this  agreement.  

The insurance shall be continued for two (2) years after completion of the contract.  

If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy;  (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the  commencement of the work.  

Required Evidence of Coverage:  

  1. Properly completed Certificate of Insurance.  
  2. Standards for Insurance Companies

Insurance policies must be issued by an insurer with an A.M. Best's rating of at least A:VII  

  1. Documentation

The Certificate of Insurance must include the following reference: CODE ENFORCEMENT ABANDONED VEHICLE ABATEMENT PROGRAM TOWING, STORAGE, DISMANTLING AND DISPOSAL SERVICES  The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of  Clearlake, 14050 Olympic Drive, Clearlake CA 95422  

Current Evidence of Coverage must be provided for the entire required period of insurance. 

Summary of Indemnity and Insurance Requirements:  

  1. This is a Summary of the Indemnity and Insurance requirements for Contractors providing services or  supplies to the City of Clearlake. By agreeing to perform the work or submitting a proposal, you verify  that you comply with and agree to be bound to these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance requirements may include additional  provisions as deemed appropriate by the City of Clearlake, and if a conflict occurs, the broader  requirements shall prevail.  
  2. You should check with your insurance advisors to verify compliance and determine if additional  coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to  adequately cover the Contractor’s liability under this agreement. The full coverage and limits of  Insurance carried by or available to the Contractor shall be available to the City of Clearlake and these  insurance requirements shall not in any way act to reduce coverage that is broader or includes higher  limits than those required. The insurance obligations under this agreement shall be: 1- all the Insurance  coverage and limits carried by or available to the Contractor; or 2- the minimum Insurance requirements  shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified  minimum limits and coverage required, which are applicable to a given loss, shall be available to the  City of Clearlake.  
  3. Contractor shall furnish the City of Clearlake with original Certificates of Insurance including all  required amendatory and Additional Insured endorsements (or copies of the applicable policy language  effecting coverage required by this clause) as required in the applicable Agreement or Contract and a  copy of the Declarations and Endorsement page of the CGL policy listing all policy endorsements to the 

City of Clearlake before work begins. The City of Clearlake reserves the right to require full-certified  copies of all Insurance coverage and endorsements.  

Indemnification  

To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify  the City of Clearlake and its officers, employees, agents, and volunteers, against any and all liability, claims,  losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of  Contractor or its officers, agents, or employees in rendering services under this contract; excluding, however,  such liability, claims, losses, damages, or expenses arising from City’s sole negligence or willful acts. These  defense and indemnity obligations shall survive the termination or completion of this agreement and are in  addition to, and not limited by, the insurance obligations in the agreement.  

I have read and understand the above requirements and agree to be bound by them for any  work performed for the City of Clearlake.  

Authorized Signature ____________________________________ Date _________ 

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