Signed Contract_Wenzel's Towing Contract ExtensionMasterpiece on the Mississippi
TO: Wenzel Towing
3197 Hughes Ct.
Dubuque, I A 52003
Roger Kunde
Scott Kunde
Neal Sweeney
FROM: Terry Tobin, Assistant Police Chief, Dubuque Police Department
DATE: July 27, 2012
RE: Extension of contract for towing services with the City of Dubuque
Dubuque
The purpose of this memorandum is to commit to written form the understanding
between Wenzel Towing of Dubuque and the City of Dubuque to continue the extension
terms agreed to on June 25, 2012 of the FY '10 -FY `12 towing contract between the
parties.
Currently, the parties are operating on a 30 day extension that began on July 1, 2012
and will expire at 12:01 A.M. July 31, 2012. This memorandum will confirm that the
parties will enter into a new 32 day extension of the above referenced contract
beginning at 12:01 A.M. July 31, 2012. All terms, provisions and conditions of the
original contract, and the terms, provisions and conditions of the contract extension
signed by the parties on June 25th, 2012 will remain in effect.
7 icr2
pz /----\-
teznzel Towing
D'te
Terry Tobin,
barque Police Dept.
Date
MEMORANDUM
Masterpiece on the Mississippi
DATE: June 28, 2012
TO: Michael C. Van Milligen, City Manager
FROM: Terry Tobin, Assistant Police Chief
RE: FY 2010-FY2012 Tow Contract Extension
INTRODUCTION:
This memo will explain the need for a short term contract extension of the current
City of Dubuque towing contract with the contracted towing service, Wenzel
Towing.
BACKGROUND:
Wenzel Towing of Dubuque signed a three year contract to provide the City of
Dubuque with towing services for fiscal years '10, '11, and '12. This contract is
set to expire at midnight on 06/30/12. The process for evaluating tow contractors
for a new City of Dubuque tow contract expiring at the end of FY'15 is under
way, but will not have a tow contractor selected for City Council approval prior to
the expiration of the current tow contract. Wenzel Towing has been approached
concerning a short term extension of the current contract and they have agreed
to enter into a short term extension to provide towing services to the City of
Dubuque under terms of the current contract.
DISCUSSION:
The City Legal Dept. has prepared an amendment to the current contract
providing for 30 day extensions of the contract Wenzel Towing and the City of
Dubuque have been operating under for the last three years. The City can
terminate the extension, and thus the current contract, by providing Wenzel
Towing with a 10 day written notice of intent to terminate the contract. The
contract amendment provides for up to three 30 day extensions. The contract
extension will provide a bridge for the City for towing service pending City
Council approval of a new City tow contract covering the remainder of FY'13 and
FY's '14 and '15.
Scott Kunde, representing Wenzel Towing, has signed the contract extension
amendment. The original signed contract amendment has been turned over to
City Clerk Kevin Firnstahl for inclusion with the tow contract Wenzel Towing
signed in 2009. A copy of the amendment is included with this memo.
RECOMMENDATION:
Approval of the contract amendment extending the current City of Dubuque tow
contract with Wenzel Towing for up to three 30 day extension periods beginning
July 1, 2012.
ACTION REQUESTED:
Approval of the contract amendment as described and City Manager signature
indicating City of Dubuque acceptance of the proposed contract amendment.
Enc: contract amendment copy
City of Dubuque
Towing Service Contract
FY2010-FY2012
FIRST AMENDMENT TO
CONTRACT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
WENZEL TOWING
This First Amendment to Contract, dated for reference purposes the Fa day of
tkv\rL.- , 2012, is made and entered into between the City of Dubuque, Iowa
(City), and Wenzel Towing (Contractor).
Whereas, City and Contractor entered into contract for the provision of towing
service within the City of Dubuque for Fiscal years 2010 through 2012 (the Contract);
and
Whereas, the parties now desire to amend the length of the term and termination
provisions of the Contract; and
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT
THE CONTRACT IS AMENDED AS FOLLOWS:
1. Term. The Contract shall be effective as of 12:01 A.M. July 1, 2009, and
subject to the provisions of the underlying contract, will continue in effect until
Midnight, June 30, 2012. The parties may agree in writing to short-term
extensions of the contract in thirty (30) day increments, not to exceed ninety (90)
days total or beyond September 30, 2012.
2. Section 26 is amended to read as follows:
26. Termination:
The Contract may be terminated by the City for any reason upon ten (10) days
written notice of the City's intent to terminate the contract.
3. Remaining Provisions. All other provisions of the Contract remain in
effect during any Contract extensions and are hereby incorporated by reference.
IN WITNESS THEREOF, the parties hereto have executed this Amendment.
061912ba1
CITY OF DUBUQUE: CONTRACTOR (WENZEL TOWING)
By:
Y:
Michael C. Van Milligen Roger Kunde
City Manager
2
CITY OF DUBUQUE
TOWING SERVICE CONTRACT
FY2010-FY2012
ISSUING AGENCY: City of Dubuque, Iowa
CONTRACTOR: Wenzel Towing, Inc., 3197 Hughes Court, 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, 2009, and subject to the foregoing
provisions herein shall continue in effect until Midnight, June 30, 2012.
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) Class A wreckers of 4-ton capacity with truck GVW of 10,000 lbs., all of
which shall be equipped with wheel lifts.
1
b. One (1) Class C wrecker 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;
c. One (1) car carrier with a minimum carrying capacity of 10,000 GVW (Note: May be
included as part of A total);
d. One (1) set of motorcycle carrying straps for each Class A Wrecker.
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.
g.
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.
All wreckers shall be equipped with the necessary equipment to perform emergency
towing and recovery according to industry standards. All Class A wreckers 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 110 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
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.
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b. The Contractor's OUTSIDE compound storage area shall be for not less than 80
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) will have security lighting and be alarmed.
3) Vehicle storage area will 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) will have security lighting and be alarmed.
2) An area of inside storage will 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.
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
3
g.
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 the Contract.
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.
In the event supplemental storage space is needed, the Contractor will seek
approval of the site prior to its use. The standards will 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 the 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
prior to the Contractor's driver leaving the driver's residence or place of business, the
Contractor shall not collect a "show up fee."
4
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. Rates and fees on the rate sheet shall not be changed except within thirty (30) days
prior to the anniversary date each year of the Contract and only if approved by the
City.
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
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.
5
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 shall notify, by certified mail, within twenty (20) days of the date of taking an
abandoned vehicle into custody, the last known registered owner and any known lien
holder at the last known address that an abandoned vehicle has been taken into custody.
a. If the identity of the last registered owner cannot be determined or if the registration
contains no address for the owner, the City shall provide notice by one (1)
publication in a newspaper published in Dubuque County, Iowa.
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 Contractor shall cooperate with the City to expeditiously handle all procedures for the
disposal of abandoned automobiles pursuant to Iowa Code Section 321.89. The
procedure for disposal shall be conducted in the following manner:
(The Dubuque Police Department shall determine the means of disposal, either to a
demolisher or by public auction.)
a. Disposal to Demolisher:
(1) The City shall mail, fax, or e-mail notice requesting bids from local
demolishers. Upon receipt of bids and determination of highest bidder, the
City shall issue demolition title and collect payment for vehicles from the
demolisher.
(2) Upon receipt of payment for vehicles, the City shall provide the Contractor
with name of the demolisher who purchased vehicle.
(3) The City shall then complete Iowa Department of Transportation form
411090, Abandoned Vehicle Report, and submit to the Iowa Department of
Transportation.
b. Disposal by Public Auction
(1) Public Auction of abandoned vehicles shall be held at the Contractor's place
of business.
6
(2) The Contractor shall be responsible for the auction of vehicles. The
Contractor shall be compensated in accordance with Iowa Code Section
321.89(4).
(3) The Dubuque Police Department shall be present at any such auction and
shall issue titles for vehicles sold. The Police Department shall also collect
the proceeds from the sale of vehicles.
(4) Upon completion of auction, the City shall complete Iowa Department of
Transportation form 411090, Abandoned Vehicle Report, and submit to the
Iowa Department of Transportation.
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.
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.
20. OTHER INTERESTS:
The Contractor shall not, in the performance of the Contract, favor any automobile or truck
body shop, paint shop, salvage or recycling business. The Contractor hereby represents
that it has no connection, association, affiliation or financial interest in any automobile or
truck body shop, paint shop, salvage or recycling business. If the Contractor acquires any
financial interest in such a business after the Contract has been awarded, the Contractor
7
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 the 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:
The 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
identification, 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 identification, 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
identification, 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
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:
The 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
8
of the intent to terminate the 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, the Contract shall
stand terminated.
IN WITNESS THEREOF, the parties hereto have executed this Contract.
C NTRA TOR:
Da e:
CITY OF DUBUQUE:
�1
By: �._J�t Cln/J
Date:
9
1. RATES AND CHARGES
GROUP I
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
ISERVICE TYPE I
HOURS I
PRICE I
Standard Tow
From 6:00 AM to 6:00 PM
$ 45.00
Night Tow
From 6:00 PM to 6:00 AM
$ 55.00
Dolly Fee
$ 35.00
Winching (1st half hour)
$ 40.00
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
Show Up Fee
$ 26.00
Go Jacks
$ 10.00
GROUP I. Class C: Towing and/or Recovery
i
SERVICE TYPE
1
PRICE
1
First Hour (per unit)
$ 125.00
After First Hour (per unit)
$ 125.00
GROUP I. STORAGE
ISERVICE TYPE I
PRICE J
Cars, pickups, motorcycles (Outside storage)
$ 15.00/day
Cars, pickups, motorcycles (Inside storage — by owner request)
$ 20.00/day
Trucks, tractors, busses
$ 30.00/day
Truck tractor trailers
$ 30.00/day
After hours/holiday release charge (if any)
$ 30.00
10
J. RATES AND CHARGES
GROUP II
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.
I SERVICE TYPE I
HOURS I
PRICE I
Standard Tow
From 6:00 AM to 6:00 PM
$ 45.00
Night Tow
From 6:00 PM to 6:00 AM
$ 55.00
Dolly Fee
$ 35.00
Winching (1st half hour)
$ 40.00
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
Show Up Fee
$ 26.00
Go Jacks
$ 10.00
GROUP II. Class C: Towing and/or Recovery
i
SERVICE TYPE
1
PRICE 1
First Hour (per unit)
$ 125.00
After First Hour (per unit)
$ 125.00
11
INSURANCE SCHEDULE
Attachment A
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. All insurers shall have a rating of A or better in the current A.M.
Best Rating Guide.
2. All policies of insurance required hereunder shall be endorsed to provide a thirty (30)
day advanced notice to the City of Dubuque of any cancellation of the policy prior to
its expiration date. This endorsement supersedes the standard cancellation
statement on the Certificate of Insurance.
3. The Contractor shall furnish Certificates of Insurance to the City of Dubuque, Iowa
for the coverage required in Paragraph 7. Such certificates shall include copies of
the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy.
The Contractor shall also be required to provide Certificates of Insurance of all
subcontractors, and all subcontractors who perform work or services pursuant to the
provisions of this contract. Said certificates shall meet the same insurance
requirements as are required of the Contractor.
4. Each Certificate of Insurance shall be submitted to the City of Dubuque's Finance
Director prior to commencement of work/service.
5. The Commercial Garage Liability policy required in Paragraph 7 shall include an
endorsement naming the City of Dubuque, Iowa as an additional insured and for
preserving Governmental Immunities per the attachment C (or equivalents).
6. Failure to provide evidence of minimum coverage shall not be deemed a waiver of
these requirements by the City of Dubuque. A Contractor's failure to obtain or
maintain insurance required by this agreement shall be considered a material
breach of this agreement.
7 The Contractor, subcontractors, and all sub -subcontractors shall be required to carry
the following minimum insurance coverages or greater if required by law or other
legal agreement:
12
Attachment B
WORKERS COMPENSATION AND EMPLOYERS LIABILITY
The limit of coverage for employer's liability shall be at least $100,000 each accident,
$100,000 each employee by disease, and $500,000 policy limit for bodily injury by disease.
Policy shall include an endorsement waiving right of recovery against City of Dubuque,
Iowa.
AUTOMOBILE LIABILITY:
Bodily injury and property damage limit of liability: $ 1,000,000
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
Commercial garage liability shall be written on an occurrence form, not a claims made
form. Coverage to include premises -operations -products -completed operations,
independent contractor's coverage, contractual liability, broad form property damage, and
personal injury.
GARAGE KEEPERS LIABILITY: $ 100,000
Comprehensive
Collision
13
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Attachment C
1.
Nonwaiver of Governmental Immunity. The insurance carrier 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 insurance carrier 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 insurance carrier.
4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier 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.
Additional Insured Language
The municipality, including all its elected and appointed officials, all its employees
and volunteer workers, all its boards, commissions and/or authorities and their board
members, employees, and volunteer workers, are included as additional insureds with
respect to liability arising out of the insured's work and/or services performed for the
municipality. This coverage shall be primary to the additional insureds, and not
contributing with any other insurance or similar protection available to the additional
insureds, whether other available coverage be primary, contributing or excess.
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