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HomeMy WebLinkAbout130684 SCOTT'S TOWING & AUTO RECOVERY LLC - CONTRACT - RFP - 7185 TOWING CARRIER SERVICESSERVICES AGREEMENT Towing Carrier Services 2011 THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and SCOTT'S TOWING & AUTO RECOVERY, LLC , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide towing services in accordance with Exhibit "A", consisting of four (4) pages, attached hereto and incorporated herein by this reference. The prices for services provided under this Agreement shall be as set forth in the Service Provider's response to RFP 7185, except for increases provided for in Paragraph 2, below. 2. Contract Period This Agreement shall commence February 1, 2011, and shall continue in full force and effect until January 31, 2012, unless sooner terminated as herein provided. This agreement may be renewed for additional one-year terms, not to exceed four (4) such one-year terms unless the agreement has been canceled as provided herein. Service Provider shall notify the City Representative, in writing, prior to implementing price increases for services covered under this Agreement. Such notification shall include justification for price increases. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the addresses listed at the end of this agreement. 5. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this Agreement. All requests concerning this Agreement shall be directed to the City Representative. 6. Independent Service provider 1 FROM : SKIES WEST INS AGCY, INC. PHONE NO. : 970 223 3236 Jan. 19 2011 03:12PM P1 DATE(MM1DOrYY) ACORDL CERTIFICATE OF LIABILITY INSURANCE O1/19/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SKIES WEST INS AGCY , ItzC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1531 RIVERSIDE AVE #A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, FORT COLLSN8, CO 80524 INSURERS AFFORDING COVERAGE INHURED INSURER A: PROGRESSIVE _ SCOTT'S TOWING 4 AUTO RECOVERY, LLC - • INSURER I>: CENTURY INSURANCE IN$URERC: PINNIACOL - — ---- 1319 BLUE SPRUCE DR _. -- -_.... __...—._..__._.. INSURER D; FORT COLLINS CO 80524- - — '- -- - - ----- ( INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CI_RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF ',UCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR POLICY EFFEOTIV POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER { LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ - ❑ COMMERCIAL GENERAL LIABILITY FIR[ DAMAGE (AnX_on0 fire g ❑I CLAIMS MADE F OGr,UR r ! MED EXP (Anvona FO s&f __ _ $ PERSONAL & ADV INJURY _ dI _ GEN[RALA( CgRCOATE 3 - GENTAGGREGATELIMITAPPLIESPER: PRODUCTS..- 8 _..... -- ® POLICY r❑ PRO. ❑ LOC .. A1fTOMOBILE LIA61LITY COMBINED SINGLE LIMIT s 1, 000, 000 ANY AUTO (Ea actidsnt) - -- ❑ ALL OWNED AUTOS BODILY INJURY A �I SCHEDULEDALITU3 L645439-3 (Per person) g BODILY INJURY ❑� HIRCDAUTOS 02/13/2010 02/13/2012 NON -OWNED AUTOS (Per eccid?nt)-, $ . -•� — 1 PROPERTYDAMAGE (Per aooidenl) $ GARAGE LIABILITY i AUTO ONLY • EA ACCIDENT $ 100,000 B ® ANY AUTO '70GHS7319 02/27/2010 : 02/27/2012 �_ .... I EA ACC zs lOO, O00 ❑ OTHERTHAN AUTO ONLY: AGG 1$ _ 300,000 EXCESS LIABILITY EACH OOCURRENCE S ❑� OCCUR F17 CLAIMS MADE AGGREGATE - 8 ❑ DEDUCTIBLE $ ❑ RETENTION $ ! 1 $ WORKERS COMPENSATION AND C STATU- C EMPLOVERE' LIABILITY 9205309 05/05/2010 05/05/2011 E L' SAOH A'cI&P T _ 100,000. E,L. D[SCA_SE . EA EMPLOYEE E _ 100,000 S 500,000 El 016FASE -POLICY LIMIT OTHER A ON HOOK 05649439-3 02/13/2010 02/13/2012 150,000 GKLL 150,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS UCKIII'IGA]LtlVLUCK I LJIADDITIONALINSURED; INSURER LETTER: GANGrLLATIVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CXTY OF FORT COLLINS PO BOX 580 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 010 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. FORT COLLINS Co 80522- [AUTHORIZED REPREBENY VE (970) 482-9815 -r S ACORD 26•S (7197) ®A RD CORPORATION 1988 The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 7. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities . nor delegate any duties arising under the Agreement without the prior written consent of the City. 8. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 9. Warranty Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 10. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 11. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or C. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 12. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. 2 b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 14. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 15. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States'Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service, Provider has actual N knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. City: I Service Provider: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 U)'ABy. o---- Ja es . O'Neill II, CPPO Dire or of Purchasing & Risk Management Date: v-y j1 Company Name: Scott's Towing & Auto Recovery, LLC Address: 1319 Blue Spruce Drive Fort Collins, CO 80524 By: V� Print Name: Jamie Seiler, Owner 11 Exhibit A: Scope of Work: 1. The towing services required will vary by type of vehicle and type of tow. Automobiles and light to medium duty trucks may be towed using a tilt -bed wrecker or a standard wrecker with underbody or wheel dolly equipment. A tilt -bed wrecker may be specified by the City whenever the requesting personnel judge that to be the most appropriate method. Wreckers dispatched to tow single -axle, heavy duty trucks and mini -buses must have a GVWR of between 19,501 and 29,999 pounds. Those dispatched to tow tandem -axle trucks and full-size buses must have a GVWR of at least 30,000 pounds. 2. Service Provider shall maintain true and accurate records according to the daily record requirements of CRS Section 42-5-105. Towing shall be done so as to prevent damage to towed vehicles or to minimize further damage to vehicles which are already damaged. 3. The Service Provider shall have a fenced, secure vehicle storage lot. Stored vehicles shall not be released until the rightful ownership of the vehicle is established. The City shall not be responsible for payment of towing or storage fees for vehicles towed to a storage lot. 4. If the Service Provider cannot be reached at the designated phone number three or more times in a 30-day period, or if the Service Provider fails to respond to a towing request within the time limits established in these Specifications more than three times in a 30-day period, the Service Provider agreement may be terminated. Definitions: Service Provider: Firm selected to provide towing services. Towing Carrier: the Service Provider FCPS: Fort Collins Police Services Service Provider shall: 1. Own or lease and operate a fleet of tow vehicles capable of providing towing services as set forth in the firm's proposal in response to RFP 7185. Leased vehicles must be in regular use by the Service Provider and have been procured under a multi -year operating lease. 2. Make tow vehicles available for inspection by FCPS personnel when requested. 3. Provide towing services, on an as -needed basis, 24 hours a day, seven days a week. 4. Make all vehicle hook-ups according to manufacturer's specifications contained in the vehicle "Owner's Manual" or according to the most current edition of the "AAA Towing Manual". 5. Have a valid Tow Permit issued by the Colorado Public Utilities Commission and comply with all applicable Federal, State, and local regulations. 6. Provide FCPS with a single telephone number to be used for requesting towing services 24 hours a day, seven days a week. This phone number must be answered by a .person who can dispatch a tow truck and give the requesting FCPS employee an accurate estimated time of arrival (ETA), or schedule towing when immediate service is not being requested. 7. Dispatch tow trucks using radio, cellular phone or other electronic means. 5 8. Be at the disabled vehicle location within 30 minutes of receiving a request for towing services, unless the FCPS employee initiating the request authorizes additional time. 9. Immediately, upon receiving a request for tow, advise the FCPS employee if a tow truck cannot be at the disabled vehicle location within 30 minutes so service can be requested elsewhere. 10. Provide towing using equipment appropriate to the type of vehicle being towed. 11. Ensure that tow company personnel present a neat appearance. Their full name and company name must appear on shirt and jacket. 12. Ensure that company vehicles are kept clean and that the company name is prominently displayed on the vehicle. Company name must match that used in this Agreement. 13. Maintain an adequate facility where vehicles can be safely stored in a fenced, outside enclosure. The owner or manager of the towing carrier must be available to respond to the towing carrier's storage facility when no other employee of the carrier is available at the carrier's storage facility during normal business hours. 14. Not release possession of a vehicle, or any property therein, that has been designated as having a "police hold" until authorized by the FCPS. 15. Not release possession of stored vehicles until the rightful ownership or right to legal possession of the vehicle is clearly established. If the vehicle is driven from the towing carrier's premises, the driver must be licensed and sober, and be in possession of current proof of insurance. The towing carrier must agree to waive any lien that the carrier may have against personal property contained in any vehicle towed under this policy including, without limitation, any lien authorized under C.R.S. Section 42-4-1806, in those circumstances where the personal property is needed by the owner of such property for health, welfare, safety and employment reasons such as, but not limited to, keys, wallet, purse, checkbook, credit cards, infant safety seats, tools, cell phones, and pagers. Tow Truck Drivers shall: 1. Drive in a normal and prudent manner in compliance of all traffic laws unless otherwise directed by a police officer or community service officer. 2. Cooperate with on -scene police personnel and shall not hook up to any vehicle or clean up any debris until told to do so by the on -scene officer. 3. Accomplish vehicle tows in such a manner as to prevent or minimize any additional damage to the vehicle or other property. 4. Provide the owner/operator of the towed vehicle with a document containing the following information: a) Tow company storage yard location; b) Company business phone numbers; c) Hours of operation; and d) Costs of service, including but not limited to: • Tow fee and mileage charge; • Site clean-up, winching, and vehicle dolly fees; and 0 Non -business hours gate fees, if any. FCPS Personnel will: 1. Call the listed Service Provider number to request towing services. Service Providers will be called in rotation for the towing of vehicles up to 29,999 GVWR. The towing of heavier vehicles will be rotated between the two companies with suitable equipment. 2. Provide company dispatch personnel with the disabled vehicle type, location, vehicle damage, and any other information pertinent to the requested tow. 3. Assign towing of vehicles to be held for accident investigation or other investigative purposes to the towing company contracted to perform towing of City vehicles. General Operating Procedures: 1. The City shall not be responsible for payment of any charges arising from tow requests made on the behalf of private citizens, such as motor vehicle accidents, disabled vehicles, abandoned vehicles, or private property tows. Payment must be arranged with the vehicle driver/owner. 2. Only those towing carriers providing services under this Agreement will be called for the removal of abandoned vehicles. 3. If the FCPS dispatch center receives a no answer or a turn down from a towing carrier called, the call will be considered as a turn in the rotation, and the towing carrier will be rotated to the bottom of the tow list. 4. If the FCPS dispatch center is put on hold for any reason by a towing carrier called, the next towing carrier on the list will be called, and the towing carrier placing the dispatch caller on hold will be rotated to the bottom of the tow list. 5. If the FCPS dispatch center receives a busy signal, they will call the next towing carrier on the list, however, the first carrier called will remain on the top of the tow list. 6. When contacted by FCPS for a tow call, a towing carrier is required to advise dispatch of their estimated response time. If such response time will be longer than 30 minutes, FCPS may call another towing carrier and the first carrier called will be rotated to the bottom of the tow list. 7. If a towing carrier is requested to respond with specific equipment and fails to do so, the carrier will not be used, and will be rotated to the bottom of the tow list. 8. If the on -scene officer feels the towing equipment or operator are not capable of safely handling the call, he/she shall have the right to refuse the towing carrier's service without charge and may call another towing carrier. Such an action will be subject to later review by the FCPS liaison if requested by the towing carrier. Other Requirements: 1. Service Provider shall not solicit the owner of any vehicle towed under this Agreement for repairs to that vehicle, either at the Service Provider's facility or any other repair facility. 2. Service Providers must notify the City Representative when towing equipment is added or 7 deleted from their inventory. 3. Service Provider must obtain a clearance from FCPS for drivers prior to assigning them to provide services under this Agreement. Police Services will check all sources of information they deem relevant and appropriate before issuing a clearance. The Service Provider shall provide the City Representative with the following information about each person seeking clearance: • Full name, date of birth, social security number, and valid driver's license number. 4. No person may tow vehicles under this Agreement if that person has: • An active criminal arrest warrant. • A conviction for any felony, on parole for such felony, or who has been released from custody for such felony within the previous five years. • A misdemeanor conviction on drug related charges within the previous five years. • A non -drug -related misdemeanor or petty offense conviction within the past three years. • The above stated conviction standards apply for tow owners as well as operators. Failure To Comply With Procedures And Requirements: Towing carriers may be terminated from providing services under this Agreement for failure to comply with any procedure or requirement of this Policy, for any violation of any Federal, State and local laws, ordinances, rules, or regulations. 2. Any complaints against towing carriers shall be referred to the FCPS designated liaison. If the FCPS liaison finds the complaint substantiated, he or she may issue a verbal or written warning, terminate a towing carrier from providing services under this Agreement, and/or notify the Colorado Public Utilities Commission of the complaint. Termination from this Agreement must receive approval from the Patrol Division Captain prior to implementation. The FCPS Liaison for this Agreement is Lieutenant Harold Dean. n. Exhibit B: Insurance Requirements 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverage shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. 3. Cargo coverage with limits of $25,000 per occurrence. 4. Maintain a minimum of $150,000 garage keeper's liability and "on hook" insurance coverage. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $750,000 combined single limits for bodily injury and property damage. 9