City of Dubuque Tow Contract for Fiscal Years 2019 -2021 Copyrighted
June 18, 2018
City of Dubuque Action Items # 3.
ITEM TITLE: City of Dubuque Tow Contract for Fiscal Years 2019 -2021
SUMMARY: City Manager recommending approval of the award of
the Fiscal Years 2019 -2021 Tow Contract to Wenzel
Towing.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Towing Contract Recommendation-NNM Memo City Manager Memo
Staff Memo Staff Memo
Committee Memo Staff Memo
THE CITY OF Dubuque
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Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque FY 2019 — 2021 Towing Contract - Recommendation
DATE: June 6, 2018
Two proposals were received in response to a Request for Proposal for vendors
interested in providing services for the City of Dubuque towing contract beginning
July 1 , 2018 and running through June 30, 2021 .
The RFP review committee reviewed the proposals and toured the facilities of each of
the vendors.
Chief of Police Mark Dalsing recommends City Council approval of the award of the FY
2019 — FY 2021 City of Dubuque Tow Contract to Wenzel Towing.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� � ���
Mic ael C. Van Milligen� � �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark M. Dalsing, Chief of Police
Police Department
Dubuque Law Enforcement Center
Dubuque 770 lowa Street
THE CITY OF � P.O. Box 875
IIIFIIneMe�City Dubuque, IA 52004-0875
D�� � ������� Office (563)589-4410
Fax(563)589-4497
TTY(563)583-1711
2007•2012 E-mail: police@cityofdubuque.org
MGiSteY�112Ce 011 t�le MiSS1SS1p�'II zois•zoi� www.cityofdubuque.org
June 1 , 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: City of Dubuque FY 2019 — 2021 Towing Contract - Recommendation
INTRODUCTION
This memo will make a recommendation for the City of Dubuque's contracted towing
services for FY 2019 — FY 2021 .
BACKGROUND
Since 1991, the Dubuque Police Department has contracted its towing services. The
original contract was for three years, with an optional three-year renewal upon
agreement by both parties allowing for renegotiation of rates each year. Beginning with
the 2003 contract, the three-year renewal option was eliminated and the contracts have
been rebid through a Request for Proposal (RFP) every three years.
Assistant Chief of Police Jeremy Jensen completed the RFP process and led a review
committee through the selection process for the next contract. The committee has made
their recommendation.
CONCLUSION
Attached you will find a memorandum from Assistant Chief of Police Jeremy Jensen on
the RFP and selection process. After consideration and review, the committee
recommended Wenzel Towing, 3197 Hughes Ct., Dubuque for the FY 2019 — FY 2021
City of Dubuque Towing Contract, and I concur with their recommendation.
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ACTION REQUESTED
City Manager review and approval; and City Council consideration and approval of the
FY 2019 — FY 2021 City of Dubuque Tow Contract being awarded to Wenzel Towing,
3197 Hughes Ct., Dubuque as recommended by the City of Dubuque Tow Contract
Awards Committee.
cc: Assistant Chief of Police Jeremy Jensen
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THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
DATE: May 29, 2018
TO: Chief of Police Mark Dalsing
FROM: Assistant Chief of Police Jeremy Jensen
RE: FY2019 — FY2021 City tow contract recommendation
Background
Requests for proposals from vendors interested in providing services for the City of
Dubuque towing contract beginning July 1, 2018 and running through June 30, 2021
were solicited via the request for proposal process. A bid submittal deadline of 5:00
P.M. on May 15, 2018 was set for interested vendors to submit proposals. Contract
proposals were received from McCann's Service and Wenzel Towing, both of Dubuque.
Process
A committee consisting of City staff inembers was assembled to review the submitted
request for proposals and recommend the awarding of the contract. The committee
members included:
• Assistant Chief of Police Jeremy Jensen
• Captain Kevin Klein, Dubuque Police Department
• Corporal Travis Kramer, Dubuque Police Department
• Guy Hemenway, Planning & Zoning
• Candace Eudaley-Loebach, Transit
• Tom Kuhle, Operations & Maintenance
• Tony Breitbach, Finance Department
• Fire Marshall Mark Burkle
The committee was tasked with evaluating the RFP's, pricing, facilities and equipment
of the tow companies and to make a recommendation.
The above committee members met on May 17, 2018 to tour the Wenzel Towing facility,
and McCann's Service facilities. Along with the facility tours, the committee members
also inspected each contractor's towing equipment submitted to meet the RFP
requirements. Following the above inspections, a meeting was held by the committee
on May 23, 2018 to review the inspections and proceed with the evaluations towards a
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committee recommendation for the City of Dubuque tow contract vendor.
It was determined following the on-site visits that the two remaining contractors,
McCann's Service and Wenzel Towing, met the minimum requirements of the RFP to
allow both contractors to remain viable candidates for awarding of the contract. The
committee members agreed that both contractor's bids met the minimum specifications
required and that each contractor's proposal would be further evaluated and rated
based on the information submitted in the contractor's bid and information learned
through the committee inspections.
Both contractors' proposals were then evaluated by the committee, including the
opening of the contractors sealed bid envelope containing proposed pricing schedules
for City contract towing services. Ten total categories were reviewed. Each business
was evaluated by seven of the committee members in eight (8) categories with a 1 thru
5 rating. The committee believed that contract history was unfair to McCann's Service,
so it was not evaluated. However, it should be noted that during the past contract
period, Wenzel Towing had no complaints from parking enforcement, police, or
dispatch. Additionally, only Assistant Chief Jensen contacted the references.
Committee member Guy Hemenway abstained from the evaluation and noted that no
zoning violations were noted. The scoring summary is in Appendices A & B. Wenzel
Towing had an overall higher score from the Committee.
The following is a summary of the committee's ratings of McCann's Service and Wenzel
Towing.
References
Wenzel Towing Avg. 5
McCann's Seroice Avg. 5
All contractor supplied business references that were checked gave good reviews and
endorsements of the contractor they were providing reference for.
Past Performance
Wenzel Towing Avg. 4.8
McCann's Service Avg. 4.7
Both businesses have outstanding reputations. Commentators noted that McCann's
Service is more of an unknown quantity in Dubuque with lots of experience working out
of Dyersville.
Completeness of Proposal
Wenzel Towing Avg. 5
McCann's Service Avg. 4.7
Both proposals met the requirements as set out in the RFP. Commentators noted that
McCann's proposal was in theory of what could be.
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Amount and Tvpe of Equipment
Wenzel Towing Avg. 4.8
McCann's Service Avg. 4.7
Comments generally reflected that both firms have the required tow trucks and
equipment. Comments and the scores reflected that Wenzel Towing has all the
equipment located in Dubuque, while McCann's "extra" equipment is in Dyersville. One
commentator noted that McCann's has a rotating crane, which is a plus, but not in the
RFP.
Personnel
Wenzel Towing Avg. 4.8
McCann's Service Avg. 4.8
Comments reflected that both companies have sufficient personnel to complete any
task and commented upon the dedication of both companies. One commentator
questioned the response times should McCann's backup personnel have to come out of
Dyersville. Another commentator complemented McCann's on having "certified"
operators.
Lot Location and Facilities
Wenzel Towing Avg. 4
McCann's Seroice Avg. 4
Both companies received varied remarks in this category, based upon the expertise of
the rater. Wenzel's space is complete and currently working. Raters noted that
Wenzel's location on Hughes Ct. is difficult for some people to find and get to, while
McCann's location on Roosevelt Extension is easier. Additionally, the Wenzel's
evidence space is a concept. McCann's overall space is a concept and is not complete.
The building and lot have been obtained, but the building is not complete, and no
fencing is erected. However, raters liked the potential of a separate lockable garage
space that McCann's could offer.
Lot Capacitv and Potential
Wenzel Towing Avg. 4.7
McCann's Service Avg. 4.5
Both companies provide adequate indoor and outdoor space. Comments on both
spaces indicated that if at max capacity, there are no walking spaces between the
vehicles. Wenzel's is completed. McCann's is a concept. However, McCann's
believes all work could be done by July 1 , 2018.
Price Quotation
Wenzel Towing Avg. 5
McCann's Seroice Avg. 4
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The attached comparison is in Appendix C. Wenzel's Towing was cheaper overall in
Group I (public tows) in most categories. Wenzel's was cheaper in the two biggest tow
categories of day and night tows. McCann's Service was cheaper overall in Group II
(city owned vehicle tows) in most categories.
Financial Stabilitv
Wenzel Towing Avg. 5
McCann's Seroice Avg. 5
Both companies had excellent references from their financial institutions.
Totals
Wenzel Towing Avg. 4.7 Cumulative 273
McCann's Service Avg. 4.5 Cumulative 261
Conclusion & Recommendation
Both Wenzel Towing and McCann's Services meet the necessary requirements to fulfill
the contract. However, Wenzel Towing has scored higher in a side by side comparison
with the other submitting contractor, McCann's Service. We respectfully submit for
your, the City Manager, and the City Council's consideration our recommendation that
the FY 2019 — FY2021 City of Dubuque Towing contract be awarded to Wenzel Towing,
3197 Hughes Ct., Dubuque.
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RppendlHR
MCCANNS 1 1 3 4 S 6 1 Ind� Aug�
ContractHlstory
Nefe�ences S S S
PastPerfo�mance S 4 4 S S S S 4,114286 33
Complete�essofP�oposal S 4 5 S S S 4 4,114i86 33
Equipment S 4 5 S S S 4 4,114i86 33
Personnel S S 5 S S S 4 4,851143 34
�ocatlon &facilities 3 4 5 3 4 4 S 4 i8
�off�paciryaodPotential S S 4 S S S 3 4�511429 31
PriceQuote 3 4 4 3 S 4 S 4 �B
financialstabillry S S 5 S S S S S 35
AV2Ca�PPSCOfe � S �,ii) a ��) 45 4��!1 'ii'1"� �,�)� '+,�i;SUi
CumulatiueS�ore 261
5
AppendixB
WEN2E� 1 2 3 4 5 6 ] Ind,Aug,
Cantract HisfoN
Refe�ences 5 5 5
PasfPe�formance 5 5 5 4 5 5 5 4851143 34
LompletenessofPropasal 5 5 S 5 5 5 S S 35
Equlpment 5 5 4 5 5 5 S 4&51143 34
Pe�sonnel 5 5 S 4 5 5 5 4&51143 34
�a�atio� & facilities 4 5 4 5 3 4 3 4 29
�atLapacityandPotential 5 5 4 5 5 5 4 4114286 33
P�ice Quote 5 5 5 5 5 5 5 5 35
finaocialStahili� S S S 5 5 S S S 35
AuerageScare �815 S 4G�� 4,15 4,15 V,688889 4,614 418i�98
LumulafiueScore 213
6
Appendix C
Service Type - Group I Class A Wenzels Pricing McCann`s Pricing
Standard Tow (6am to 6pm) $50.00 $55.00
Night Taw (6pm to 6arn� $00.00 $69.50
Dolly Fee $40.00 $35.00
Recovery Operations Winching (1st half hour) $45.00 $49.00
Recovery Operations Winching (After 1st half hour) $40.U0 $49.00
Standby Time (1st half hour) $30.00 $35.00
Standby Time (After 1st half hour) $25.00 $35.00
Mileage Outside of City Limits $2.75 $3.50
Show Up Fee $26.50 $25.00
Go Jacks $10.00 $35.OQ
Group I Class C
First Hour (per unit) $125.00 $165.00
After First Hour tper unit) $125.00 $165.00
Storage
Cars, pickups, motorcycles (outside) $20.00 $18.50
Cars, pickups, motorcycles (inside storage-owner request) $25.00 $35.00
Trucks, tractors, buses $30.00 $45.00
Trucktractortrailer $30.00 $45.00
After hours/holiday release charge (if any) $30.00 $30.00
Green = cheaper pricing
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ISSUING AGENCY: City of Dubuque, Iowa
CONTRACTOR: Wenzel Towing, 3197 Hughes Ct., Dubuque, IA 52003
The Contractor agrees to meet, maintain, and perform all services and to comply with all
terms and conditions as set forth herein.
The Contract shall be effective as of 12:01 A.M. July 1, 2018, and subject to the foregoing
provisions herein shall continue in effect until Midnight, June 30, 2021.
TECHNICAL STANDARDS
The Contractor, performing as an independent contractor hereunder, shall be fully
responsible for meeting the following technical standards:
1. INSURANCE AND AMOUNTS
(SEE INSURANCE ATTACHMENTS A, B, AND C)
2. INDEMNITY AND HOLD HARMLESS AGREEMENT:
The Contractor hereby agrees to defend, indemnify and hold the City, its officers, agents,
and employees, harmless against:
a. Any and all losses and liabilities for claims for personal injury, death, or property
damage made against the City, its officers, agents, or employees, arising out of, or
as a consequence of, any work performed under the Contract.
b. Any and all expenses related to claims or lawsuits resulting from such claims,
including court costs and attorney(s) fees.
c. Any and all penalties and damages incurred by the City by reason of the
Contractor's failure to obtain any permit and license under, or failure to comply with
any applicable laws, ordinances or regulations.
3. EQUIPMENT:
The following minimum equipment shall be maintained:
a. Three (3) towing wreckers of 4 -ton capacity with truck GVW of 10,000 lbs., all of
which shall be equipped with wheel lifts. (referred to as Class A wreckers for
purposes of Rates and Charges detail page)
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b. One (1) towing wrecker of sufficient registration to tow a semi truck/trailer or any
heavy equipment, having 25 -ton pulling capacity with extendable boom capacity of
25 tons or more. The vehicle must have twin winches, air brakes with auxiliary air
supply and must have a minimum of 25,000 Ib. GVW. (referred to as Class C
wreckers for purposes of Rates and Charges detail page)
c. One (1) flatbed car carrier with a minimum carrying capacity of 10,000 GVW (Note:
May be included as part of (a) above total);
d. One (1) set of motorcycle carrying straps for each towing wrecker required under
section a above.
e. The Contractor shall have available at all times sufficient equipment to perform all
services required on a timely and responsible basis. All equipment must be owned
or exclusively leased by the Contractor. All equipment must be modern,
commercially manufactured and in good mechanical condition, and shall be subject
to inspection at all times during the term of the Contract. No vehicle of the
Contractor shall be used as an emergency vehicle. The Contractor agrees to have
no markings on vehicles, buildings or correspondence that indicate or tend to
suggest any official relationship between the Contractor and the City of Dubuque.
All towing vehicles must be equipped with two-way radios or telephone
communication with a range extending to the Dubuque city limits. Radios shall not
be tuned to any police frequency.
f. The Contractor further agrees that sufficient operable towing vehicles and personnel
will be available to adequately service the special towing needs of the City
occasioned by special events requiring towing, including but not limited to, declared
emergencies or construction projects, as determined by the Chief of Police or
designee, or the City Manager or designee.
g.
All wreckers shall be equipped with the necessary equipment to perform emergency
towing and recovery according to industry standards. All towing wreckers referred
to in section a above shall have dollies, brooms, shovels, and fire extinguishers.
The Contractor shall comply with all laws, rules, and regulations of any
governmental agency having jurisdiction over the Contractor's business including,
but not limited to, licensing and minimum safety requirements.
4. FACILITIES:
The Contractor shall maintain a business and storage facility within the Dubuque city limits,
which storage facility shall include reasonably secured short term and long term storage
for 120 vehicles. The facility shall be accessible between 8 A.M. to 8 P.M., seven days per
week, exclusive of holidays. Applicable holidays are New Year's Eve day, New Year's
Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,
Christmas Eve day, and Christmas Day. The facility shall comply with all applicable
building and zoning regulations and be owned or exclusively leased by the Contractor.
a. The Contractor shall maintain a storage garage and/or outside storage facilities
complying with all provisions of applicable building and zoning regulations sufficient
to store all vehicles towed by the Contractor under Contract until such vehicle(s) are
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claimed by the owner or otherwise legally disposed. It is understood the Contractor
shall have or will acquire any additional storage areas needed to store any and all
vehicles requested by the City.
b. The Contractor's OUTSIDE compound storage area shall be for not Tess than 90
vehicles (meeting all required specifications as outlined herein). Outside storage
may be located on or off premise from the main business address. Outside storage
shall have the following features:
1) On and off premise sites shall be enclosed and lockable with a solid wall or a
substantial wire fence not less than eight (8) feet in height. The solid wall or
fencing must be in place within 30 days from the date of the contract award.
NOTE: For evaluation purposes, those contractors submitting a
response to the RFP without having the necessary outside storage area
at the time of the RFP submittal shall complete and submit a proposed
site plan for the outside storage as outlined in Attachment D. Site Plan
includes written proof the property has been leased by the contractor
and is properly zoned for vehicle use and storage as required in the
contract general specifications.
2) Off premise site(s) shall have security lighting and be alarmed.
3) Vehicle storage area shall be located on hard surface, minimum being
packed gravel.
4) All fences and walls shall be maintained in good repair throughout the term of
the contract. Damage to such walls or fences shall be repaired within 24
hours.
5) Vehicles stored in any enclosed area shall be stored under lock and key.
The Contractor shall protect all stored vehicles and any evidence of personal
property contained therein from theft and damage in accordance with all
reasonable Police Department instructions and directives.
c. The Contractor's INSIDE compound storage area shall be for not less than 30
vehicles (meeting all required specifications as outlined herein). Inside storage may
be located on or off premise from the main business address. Inside storage shall
contain the following features:
1) On and off premise sites shall be fully enclosed, lockable and secured. Off
site premise(s) shall have security lighting and be alarmed.
2) An area of inside storage shall be heated, ventilated and have sufficient
lighting for evidence collection and processing for five stored vehicles.
3) Hard surface flooring, similar to asphalt or cement.
4) Vehicles stored in any enclosed area shall be stored under lock and key.
The Contractor shall protect all stored vehicles and any evidence of personal
property contained therein from theft and damage in accordance with all
reasonable Police Department instructions and directives.
d. Vehicles identified for "HOLD" by the Police Department shall be stored at such
facility for whatever period of time necessary in order to properly process the
vehicle and any investigation involved. Personnel of the Police Department of the
City shall be permitted access to such vehicles at all times.
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e. Storage facilities shall be subject to inspection and shall be approved by the City
prior to the award of any Contract. Storage facilities shall be subject to periodic
inspections during the term of the Contract when deemed necessary by the Chief of
Police or designee. Notice of any discrepancies or deficiencies found by the Police
Chief or designee shall be submitted to the Contractor in writing, and the Contractor
shall remedy the same within five (5) days of receipt of such notice. Upon failure of
the Contractor to remedy deficiencies, the City may terminate this Contract.
f. Special storage requirements necessitated by special events including, but not
limited to, declared emergencies or construction projects, shall be submitted for
approval to the Chief of Police or designee or the City Manager or designee.
g.
In the event supplemental storage space is needed, the Contractor shall seek
approval of the site prior to its use. The standards shall meet or exceed those
described for inside and outside storage.
5. PERSONNEL:
a. The Contractor shall have available sufficient qualified personnel for the operation
of the required wreckers as specified. Each driver shall have a current valid drivers
license appropriate for the vehicle being operated, and be valid to drive in the State
of Iowa. The Contractor agrees that the owners of the company or the officers of
the company, if a corporation, shall be responsible for the acts of their employees
while on duty.
b. Each driver shall have at least one (1) year experience in towing and recovery work.
The Contractor shall insure that all drivers used on City calls shall be neat, clean,
uniformed, courteous and competent in operating skills in all procedures.
6. RESPONSE TIME:
The Contractor shall provide a 24-hour per day, 7 -day per week, towing service. The
Contractor shall have a wrecker at the destination requested not more than fifteen (15)
minutes from the time that the towing firm receives a call during the day (6 AM to 6 PM),
and not more than thirty (30) minutes at night (6 PM to 6 AM). The Contractor shall have
24-hour per day, 7 -day per week, radio or telephone communications. Answering phone
services are not permitted. If service is not provided within the specified time, the City
shall have the right to make other arrangements for the call. If the Contractor repeatedly
fails to furnish wrecker services as specified herein, the City may terminate this Contract.
7. SERVICE CALL CANCELLATION:
In the event the Contractor responds to a request from the City to tow a vehicle, and upon
arriving at the location of the vehicle a tow is not necessary, the Contractor may charge the
owner/operator of the vehicle a "show up" fee, as listed on the attached rate sheet. The
City may cancel a tow call prior to the arrival of the tow equipment without requiring
payment of a "show up" fee to the Contractor by the owner/operator, unless the Contractor
was requested between 6:00 P.M. and 6:00 A.M. during which time the Contractor may
collect a "show up fee" provided the Contractor's driver has left the driver's residence
and/or place of business. However, if the City or owner/operator has cancelled the tow
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prior to the Contractor's driver leaving the driver's residence or place of business, the
Contractor shall not collect a "show up fee."
8. PERSONAL PROPERTY IDENTIFICATION AND LOSS:
The City will provide the Contractor an inventory of personal property that is in the vehicle
at the time and place of impoundment. The Contractor assumes responsibility for personal
property in the vehicle at the time of impoundment and described on the inventory list and
such responsibility shall continue until the authorized release of the impounded vehicle.
9. REPORT OF SERVICES:
The Contractor shall keep an accurate record of all vehicles received and disposed of
under the terms of the Contract. The Police Chief or designee shall determine the
sufficiency of the bookkeeping procedures. A report on request shall be sent to the Police
Chief listing each car that was impounded and its disposition during the requested period.
10. POSTING AND PROVIDING OF CHARGES:
a. The Contractor has provided the City with a rate sheet attached hereto listing all
current rates and fees for services provided by the Contractor. The rate sheet shall
also be posted conspicuously in the principle place of business of the Contractor
and shall be clearly visible to the general public. Additionally, signage will be
conspicuously posted stating "Persons having a concern or complaint regarding a
police authorized tow are asked to call the Dubuque Police Department 589-4410".
b. Charges for storage of impounded vehicles will become applicable 10 hours after
said vehicle has been towed off the street. Second and subsequent day's storage
charges accumulate at each 24 hr. passage from the original time of the tow.
c. An increase in rates and fees on the rate sheet shall not be requested by the
Contractor except within thirty (30) days prior to the anniversary date each year of
the contract and may be granted by the City Manager in the City Manager's sole
discretion.
d. In the event an increase in rates and fees is approved by the City Manager, the City
Manager reserves the right to review and reduce rates and fees based on a material
change in the conditions supporting the approved increase. Such a review by the
City Manager may only occur within thirty (30) days prior to anniversary dates of the
Contract subsequent to the increase in rates and fees.
11. COLLECTIONS/CHARGES:
a. The City of Dubuque shall not be responsible for the collection or payment of any
charges for service rendered by reason of its having dispatched any service unless
such service is applicable to City owned or leased equipment. All such services
rendered shall be charged to the owner of the towed vehicle or other lawful claimant
of possession. Charges for towing City owned or leased vehicles shall be
forwarded monthly to the City Finance Department for payment and such invoices
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shall identify the vehicle towed, the location from which the vehicle was towed,
applicable rates and/or hours and dates involved, and the City vehicle number.
b. The City shall be responsible for payment of towing and storage on vehicles that
have been towed for evidence where the owner's right to title and claim have been
forfeited by court order. For any vehicle in which a forfeiture proceeding has been
filed and the court finds that the owner maintains the right to claim and title,
payment shall be the sole responsibility of the owner or claimant.
12. COMPENSATION:
In the case of a vehicle towed from private property, the Contractor agrees that
reimbursement shall be limited to the towing and storage fee paid by the owner of the
vehicle or the proceeds from disposition of an abandoned vehicle in accordance with Iowa
Code section 321.89.
13. IMPOUNDED VEHICLES:
If any owner or person entitled to possession of an impounded vehicle seeks to reclaim the
same from the Contractor, the Contractor shall provide such owner or such person lawfully
entitled to possession with an itemized statement of all charges relating to the impounding
of such vehicle.
14. NOTIFICATION:
The City hereby authorizes the Contractor to act as the private entity to dispose of
abandoned (not claimed) vehicles. The Contractor agrees to remove all such vehicles and
store them without cost to the City. All notifications to persons or businesses having an
interest or claim to such vehicles will be the responsibility of the Contractor and will be
made pursuant to Section 321.89 of the Code of Iowa, as amended.
The City reserves the right to withdraw the authority granted by this section in its sole
discretion with or without cause upon 10 days written notice delivered to the Contractor.
15. RELEASE OF VEHICLES AND PERSONAL PROPERTY:
The Contractor agrees to release a vehicle to its owner upon authorization from the City
and payment of towing and storage costs by the owner. At the time of release, the
Contractor shall provide the owner with a receipt, itemizing towing and storage costs. All
discrepancies and settlements are the responsibility of the owner and the Contractor.
16. DISPOSAL OF VEHICLES:
The City hereby authorizes the Contractor to act as the private entity to dispose of
abandoned (not claimed) vehicles. The Contractor agrees to remove all such vehicles and
store them without cost to the City. Sales or disposal to a demolisher of the vehicles
towed under these specifications shall be pursuant to Section 321.89 of the State Code of
Iowa, as amended. Sales shall be conducted at a time, place and manner to be
determined by the Contractor.
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The sales may be held upon the premises of the towing service. Disposition of the
proceeds of the sales shall be made in accordance with the provisions of the laws of the
State of Iowa. The City shall not be responsible for paying any cost to the towing service.
The Contractor shall provide to the City Police Department the following information on
every vehicle disposed of by demolition or auction:
a. Year, make, model, and VIN of the vehicle
b. Date of disposal or sale
c. Name of purchaser or demolisher of vehicle
d. Amount received for vehicle (when requested by City of Dubuque)
e. Bill for towing, storage and notification accrued on each vehicle
The City reserves the right to withdraw the authority granted by this section in its sole
discretion with or without cause upon 10 days written notice delivered to the Contractor.
17. NON -EXCLUSIVENESS OF SERVICES:
The owner or person in possession of any vehicle that has been involved in an accident or
whose vehicle has been incapacitated in any other manner shall be given the opportunity
of contacting a wrecker or tow truck company of the owner or person's own choice if the
disabled vehicle does not create a hazardous condition and a reasonable response time
can be expected. The owner or person in possession shall further be given the
opportunity of having such vehicle towed to a garage or compound other than that of the
Contractor.
18. SERVICE:
a. The Contractor shall furnish towing service for the removal of vehicles as defined in
this specification and/or storage space for vehicles when required by the City of
Dubuque whenever such services are dispatched or required by the City Police
Department, or in the case of City -owned or leased vehicles, dispatched by either
the Police Department or other authorized representative of the City. Such service
shall be available on a 24-hour per day, 7 -day per week, basis.
b. The Contractor may call another qualified operator, hereinafter considered a
subcontractor, to supplement service in towing only. It shall be the responsibility of
the Contractor to employ only subcontractors who meet the same required criteria
as Contractor, including, but not limited to, equipment, personnel, and insurance,
etc.
19. CLEAN UP:
The Contractor, when towing vehicle(s) from the scene of an accident, shall be responsible
for removing from the street all broken glass and other matter that may be in the street as
a result of the accident.
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20. OTHER INTERESTS:
The Contractor shall not, in the performance of this Contract, favor any automobile or truck
body shop, or paint shop businesses. The Contractor hereby represents that it has no
connection, association, affiliation or financial interest in any automobile or truck body shop
or paint shop business. If the Contractor acquires any financial interest in such a business
after the Contract has been awarded, the Contractor shall notify the City immediately in
writing. A violation of this provision during the term of the Contract shall be grounds for
immediate termination of this Contract.
21. COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS:
The Contractor shall comply with all applicable local, state, and federal laws.
22. NON -ASSIGNABILITY AND SHAREHOLDERS:
This Contract shall not be assignable.
23. NONDISCRIMINATION
Contractor shall not:
a. Discharge from employment or refuse to hire any individual because of race, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity,
or disability.
b. Discriminate against any individual in terms, conditions, or privileges of employment
because of race, color, religion, national origin, sex, age, marital status, sexual
orientation, gender identity, or disability.
c. Discriminate against any individual in delivery or service because of race, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity,
or disability.
24. ADDITIONAL CONTRACTOR RESPONSIBILITY:
Any related costs for towing and storage not specifically described in these specifications
shall be the responsibility of the Contractor.
25. SPECIFICATIONS AND BID:
The general specifications and the Contractor's bid, attached hereto, are incorporated
herein by reference. Bid submission REQUIRES:
1) Contractor completes Contractor's Checklist verifying all contract
specifications are met.
2) Contractor submits PROPOSED RATES and CHARGES (Sections I and J)
together in one SEALED ENVELOPE.
a) PROPOSED RATES and CHARGES submitted in SEALED
ENVELOPE are opened only after the City has verified all contract
8
specifications have been met. If it is determined the contract
specifications have not been met, the proposal is rejected and the
SEALED ENVELOPE remains unopened.
26. TERMINATION:
This Contract may be terminated for any failure of the Contractor to comply with the
material requirements hereof. In such event, the Contractor shall be given written notice
of the intent to terminate this Contract and the Contractor shall then have ten (10) days
from the date of the notice to cure such deficiency to the complete satisfaction of the City.
In the event the Contractor fails to cure such deficiency within such time, this Contract
shall stand terminated.
IN WITNESS THEREOF, the parties hereto have executed this Contract.
CONTRACTOR: CITY OF DU;, QUE:
By: N.aP
Date: b7 /03/ d20 1 g
Date:
9
List of rates and charges (Prices must remain for the first year of the Contract. Any fee or
change may be negotiated only thirty days on or before the anniversary date each year):
NOTE: The City of Dubuque does not guarantee or imply any specific number of
tows or other service that will occur during the life of this Contract.
GROUP I. Rates for Group I apply to those vehicles that are NOT owned by the City, but
for which service is performed as a result of a call from a Dubuque City Police
Officer. Group I will not apply to City owned or leased vehicles that are
included in Group II.
GROUP I. Class A
1
Standard Tow
From 6:00 A.M. to 6:00 P.M.
$50.00
Night Tow
From 6:00 P.M. to 6:00 A.M.
$60.00
Dolly Fee
$40.00
Recovery Operations Winching (1St half hour)
$45.00
Recovery Operations Winching (After 1st half hour)
$40.00
Standby Time (1St half hour)
$30.00
Standby Time (After 1st half hour)
$25.00
Mileage Outside City Limits
$2.75/mi.
Show Up Fee
$26.50
Go Jacks
$10.00
GROUP I. Class C: Towing and/or Recovery
1
First Hour (per unit)
$125.00
After First Hour (per unit)
$125.00
GROUP!. STORAGE
1
Cars, pickups, motorcycles (Outside storage)
$20.00/day
Cars, pickups, motorcycles (Inside storage — by owner request)
$25.00/day
Trucks, tractors, busses
$30.00/day
Truck tractor trailers
$30.00/day
After hours/holiday release charge (if any)
$30.00
10
List rates and charges (Prices must remain for the first year of the Contract. Any fee or
change may be negotiated only thirty days on or before the anniversary date each year):
NOTE: The City of Dubuque does not guarantee or imply any specific number of
tows or other service that will occur during the life of this Contract.
GROUP II: Rates for Group II apply to those vehicles that are owned or leased by the City
and service is performed as a result of a call from a City Police Officer or City
employee.
GROUP II. CLASS A.
1
Standard Tow
From 6:00 A.M. to 6:00 P.M.
$50.00
Night Tow
From 6:00 P.M. to 6:00 A.M.
$60.00
Dolly Fee
$40.00
Recovery Operations Winching (1St half hour)
$45.00
Recovery Operations Winching (After 1st half hour)
$40.00
Standby Time (1St half hour)
$30.00
Standby Time (After 1st half hour)
$25.00
Mileage Outside City Limits
$2.75/mi
Show Up Fee
$26.50
Go Jacks
$10.00
GROUP II. Class C: Towing and/or Recovery
1
First Hour (per unit)
$125.00
After First Hour (per unit)
$125.00
11
1.
City of Dubuque Insurance Requirements for Towing
INSURANCE SCHEDULE P
(Contractor) shall furnish a signed certificate of insurance to the City of
Dubuque for the coverage required in Exhibit 1 prior to commencing work and at the end of the
project if the term of work is longer than 60 days. Contractors presenting annual certificates shall
present a certificate at the end of each project with the final billing. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Department of Insurance or an
equivalent approved by the Finance Director. Each certificate shall include a statement under
Description of Operations as to why issued. Eg: Project #
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the
City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a
material breach of this agreement.
5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subcontractors and sub -subcontractors.
Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverages. The City may request a copy of such certificates from the
Contractor.
6. All required endorsements to various policies shall be attached to Certificate of insurance.
7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the
approval of the Finance Director and subject to the provider identifying and listing in writing all
deviations and exclusions that differ from the ISO form.
8. Contractor shall be required to carry the minimum coverage/limits, or greater if required by law or
other legal agreement, in Exhibit I. If the Contractor's limits of liability are higher than the required
minimum limits then the Contractor's limits shall be this Agreement's required limits.
9. Whenever an ISO form is referenced the current edition of the form must be used.
Page 1 of 3 Schedule P Towing July 2017
City of Dubuque Insurance Requirements for Towing
INSURANCE SCHEDULE P (continued)
EXHIBIT I
A) WORKERS COMPENSATION AND EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85 as amended.
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Bodily injury and property damage limit of liability: $1,000,000
C) COMMERCIAL GARAGE LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG0001 or business owners form
BP0002. All deviations from the standard ISO Garage Liability form shall be clearly
identified.
Include an endorsement indicating that coverage is primary and non-contributory.
Include Preservation of Governmental Immunities endorsement. Sample attached.
Include an endorsement that deletes any fellow employee exclusion.
Include additional insured endorsement for: "The City of Dubuque, including all its elected
and appointed officials, all its employees and volunteers, all its boards, commissions
and/or authorities and their board members, employees and volunteers.
Policy shall include Waiver of Right to Recover from Others endorsement.
D) GARAGE KEEPERS LIABILITY
(to include "on -hook")
Comprehensive
Collision
This coverage shall be primary and not excess.
$250,000
Page 2 of 3 Schedule P Towing July 2017
City of Dubuque Insurance Requirements for Towing
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 3 of 3 Schedule P Towing July 2017