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2016-2018 Towing Contract Recommendation_Wenzel Copyright 2014 City of Dubuque Consent Items # 13. ITEM TITLE: 2016-2018 Tow Contract Recommendation SUMMARY: City Manager recommending award of the Fiscal Year 2016-2018 City of Dubuque Tow Contract to Wenzel Towing. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ FY 2016-2018 Towing Contract Recommendation-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Committee Recommendation Staff Memo ❑ Contract Staff Memo THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque FY 2016-2016 Towing Contract - Recommendation DATE: June 7, 2015 Chief of Police Mark Dalsing is recommending award of the Fiscal Year 2016-2018 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: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark M. Dalsing, Chief of Police THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi June 4, 2015 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: City of Dubuque FY 2016-2018 Towing Contract - Recommendation INTRODUCTION The City of Dubuque Towing Contract Awards Committee has completed its review of the submitted request for proposals (RFP) for the FY 2016-2018 City of Dubuque Towing Contract. Based upon their findings, the committee is recommending the contract to be awarded to Wenzel Towing, 3197 Hughes Ct., Dubuque. BACKGROUND As part of the bid process for the FY 2016-2018 City of Dubuque Towing contract, Requests for Proposals (RFP) were sent to local tow companies and also placed on the City website on March 26, 2015 with a bid submittal deadline of 5:00 P.M. April 30, 2015. Contract proposals were received from Dispatch and Tracking Solutions of Houston, TX.; Tegeler Wrecker and Crane of Dyersville; Wenzel Towing of Dubuque; and Wenzel Family Towing of Dubuque. A committee consisting of City staff members was assembled to review the submitted request for proposals and recommend the awarding of the contract. The committee members included Assistant Chief of Police Terry Tobin, Captain Kevin Klein, and Corporal Cory Sommer from the Dubuque Police Department; Charlie Miller from Planning & Zoning; Tim Horsfield from Parking; John Klostermann from Operations & Maintenance; Ken Tekippe from Finance; and 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. Attached is a memorandum from committee chair Terry Tobin outlining the committee's review, evaluation and recommendation. RECOMMENDATION After consideration and review, the Towing Awards Committee recommended Wenzel Towing, 3197 Hughes Ct., Dubuque for the FY 2016-2018 City of Dubuque Towing Contract. I concur with their recommendation. ACTION REQUESTED City Manager review and approval; and City Council consideration and approval of the FY 2016-2018 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. THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi DATE: June 3, 2015 TO: Chief of Police Mark Dalsing FROM: Assistant Chief Terry Tobin RE: FY 2016-2018 City tow contract recommendation Requests for proposals from vendors interested in providing services for the City of Dubuque towing contract beginning July 1, 2015 and running through June 30, 2018 were solicited with a letter sent to local towing companies on March 26, 2015. The request for proposals was also posted on the City of Dubuque website that day. A bid submittal deadline of 5:00 P.M. April 30, 2015 was set for interested vendors to submit proposals. Contract proposals were received from Dispatch and Tracking Solutions of Houston, TX., Tegeler Wrecker and Crane of Dyersville, Wenzel Family Towing and Wenzel Towing, both of Dubuque. A committee was formed to review the proposals and inspect the bidder's facilities and equipment. The committee was appointed to evaluate the proposals and make a recommendation on a selected towing service for the City of Dubuque to enter into a contract with. The committee evaluating the proposals consisted of Assistant Police Chief Terry Tobin, Capt. Kevin Klein, and Cpl. Cory Sommer of the Dubuque Police Department, Ken TeKippe from the City Finance Division, John Klostermann from the City Public Works Department, Tim Horsfield from the City Parking Division, Charlie Miller from the City Planning and Zoning Division, and Fire Marshall Mark Burkle of the Dubuque Fire Department. The committee met initially on May 6, 2015 to review the proposals as submitted. During that initial meeting it was determined that the bid proposal submitted by Dispatch and Tracking Solutions was not qualified for further review in that the company was proposing to sub-contract for towing and storage services with local providers of those services. As written, the specifications and requirements of the proposed contract do not allow for sub-contracting for storage services. A question also arose during the May 6th meeting regarding the bid proposal submitted by Tegeler Wrecker and Crane. Tegeler Wrecker and Crane advised that they are underjoint ownership with Tegeler Auto Inc., with Tegeler Body & Frame being a subsidiary of Tegeler Auto Inc. Section 20 of the contract (Other Interests) reads as follows: "The Contractor shall not, in the performance of the 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 the Contract." Based on the above contract clause, questions arose concerning Tegeler's ownership interest in Tegeler Body & Frame in Dyersville and if that ownership interest in a business based in Dyersville would be in conflict with Section 20 of the contract. To help decide the issue, the committee referred the question to the City of Dubuque Legal Department for review and an opinion on the question. It was determined that the ownership interest in Tegeler Body & Frame would put Tegeler Wrecker and Crane in conflict with Section 20 of the contract. Based on this conflict, it was decided that Tegeler Wrecker and Crane also was not qualified for further review regarding contract recommendation. The above committee members met on May 14th to tour the Wenzel Towing facility, and on May 19th to tour the Wenzel Family Towing facility. 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 29th to review the inspections and proceed with the evaluations towards a committee recommendation for the City of Dubuque tow contract vendor. It was determined following the on-site visits that the two remaining contractors, Wenzel Family Towing 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. As per the RFP specifications, each committee member evaluated the contractors in each of ten categories, with an overall score of 50 points representing a perfect score. The individual committee member scores, in no particular order, were as follows: Evaluation Scores Committee Wenzel Wenzel Family Member Towing Towing A) 49 45 B) 38 23 C) 47 39 Committee Wenzel Wenzel Family Member Towing Towing D) 40 38 E) 48 41 F) 44 34 G) 50 45 H) 39 41 Average 44.4 38.3 It is the recommendation of the City Towing Contract Award Committee that the contract for City of Dubuque towing services be awarded to Wenzel Towing, 3197 Hughes Ct., Dubuque. I will now summarize the committee's ratings of Wenzel Towing and Wenzel Family Towing in the ten categories they were evaluated on. 1) Contract History Wenzel Towing 5 3 4 2 5 4 5 3 Avg. 3.9 Wenzel Family Towing 5 0 4 2 4 4 4 4 Avg. 3.4 Comments noted Wenzel Towing had a good history in providing service to the City in the past through the City tow contract under both a previous ownership and for a time under the current ownership and management. Wenzel Family comments mentioned the apparent good contract history they have had with businesses they currently work with, but no past contract history with the City. It was mentioned that the ownership of Wenzel Family has had satisfactory experience with the City contract under the previous ownership and management of Wenzel Towing. 2) References Wenzel Towing 5 5 5 4 5 5 5 4 Avg. 4.8 Wenzel Family Towing 5 5 5 5 5 5 5 4 Avg. 4.9 All contractor supplied business references that were checked gave good reviews and endorsements of the contractor they were providing reference for. One comment made recognition of the 2014 Towman Ace Award presented by American Towman Magazine to Wenzel Towing. 3) Past Performance Wenzel Towing 5 3 4 2 5 4 5 4 Avg. 4.0 Wenzel Family Towing 5 0 5 2 4 4 4 4 Avg. 3.5 Comments reflected that Wenzel Towing as a company has more past performance history of providing service meeting the needs of their customers and contracted customers than Wenzel Family Towing has, although both firms submitted references gave good reports concerning each firm's performance for those providing the references. It was also again noted that the ownership and management of Wenzel Family had a good track record while working and as part of management with the previous owner of Wenzel Towing. 4) Completeness of Proposal Wenzel Towing 5 5 5 5 5 4 5 5 Avg. 4.9 Wenzel Family Towing 4 3 3 4 4 3 5 5 Avg. 3.9 The comments related to completeness of proposal reflected that Wenzel Towing had submitted a more detailed and complete proposal. Comments indicated that Wenzel Family submitted the required information, but did not have as much information regarding their staff and also lacked specific information on how they would accomplish bringing their facilities into compliance with the standards and specifications required by the contract. 6) Amount and Type of Equipment Wenzel Towing 5 5 5 5 5 5 5 5 Avg. 5.0 Wenzel Family Towing 4 3 4 5 4 3 4 5 Avg. 4.0 Comments generally reflected that both firms have the required tow trucks and equipment. Comments and the scores reflected that Wenzel Towing has more modern equipment and a wider variety of equipment to meet the needs of the City tow contract. 6) Personnel Wenzel Towing 5 4 5 4 4 4 5 5 Avg. 4.5 Wenzel Family Towing 4 3 3 5 4 3 5 4 Avg. 3.9 Comments reflected that Wenzel Towing had an experienced staff with some having industry certifications. Wenzel Family Towing did not provide much information in their proposal regarding staff outside of family members. Staff present during the on-site visit at Wenzel Family appeared to be young and gave the impression of not being as experienced as the information provided regarding Wenzel Towing staff. 7) Lot Location and Facilities Wenzel Towing 4 5 5 5 5 5 5 3 Avg. 4.6 Wenzel Family Towing 5 3 4 5 3 2 5 5 Avg. 4.0 In this category, the Wenzel Towing facility received high scores for the facilities' ability to meet the needs of the City contract. Comments noted the clean, bright office area and the paved and secure outside storage area. Wenzel Family Towing received high marks for their location, but the facility is not up to the same standards as Wenzel Towing's facilities at this time. Plans to bring the Wenzel Family Towing facility into compliance with the contract specifications and requirements were seen as somewhat vague as described to committee members during the committee's on-site visit. 8) Lot Capacity and Potential Wenzel Towing 5 5 5 5 5 5 5 4 Avg. 4.9 Wenzel Family Towing 4 3 3 5 4 3 4 4 Avg. 3.8 Both Wenzel Towing and Wenzel Family Towing's storage lots have the necessary capacity to store more than the required number of cars per the contract requirement. Wenzel Family's facility would need additional work to come into compliance with the contract specifications, and as stated above, plans to do so upon awarding of a contract were vague and did not appear to be set and ready to go. Wenzel Towing's storage lot is completed and ready to go from day one. The concrete paved storage lot that Wenzel Towing has versus the packed gravel lot proposed by Wenzel Family Towing was mentioned as a better option. 9) Price Quotation Wenzel Towing 5 3 4 4 4 4 5 3 Avg. 4.0 Wenzel Family Towing 5 3 4 3 4 4 5 3 Avg. 3.9 The tables below and on the next page compare the prices quoted by Wenzel Towing and Wenzel Family Towing for the FY 2016-2018 City of Dubuque tow contract as submitted with their respective bid packages. Group 1 prices reflect the price charged for towing and storage (if any) services provided to the public, Group 2 prices reflect the price charged for towing services provided for vehicles owned or leased by the City of Dubuque. Class A tow fees refer to towing services using medium sized wreckers or flatbed car carriers. Class C tow fees refer to towing services using heavy duty, semi- truck and heavy load capable wreckers. Wenzel Wenzel Family Group 1 : Class A Tow Fees Bid Bid 1 Standard Tow (6 A.M.-6 P.M.) $50.00 $50.00 2 Night Tow (6 P.M.-6 A.M.) $60.00 $60.00 3 Dolly Fee $40.00 $38.00 4 Recovery Operations Winching (1shalf hour) $45.00 $45.00 5 Recovery Operations Winching (After 1 half hour) $40.00 $45.00 6 Standby Time (1shalf hour) $30.00 $31 .00 7 1 Standby Time (After 1 half hour) $25.00 $30.00 8 Mileage Outside City Limits per mile $2.75 $2.50 9 Show Up Fee $26.50 $28.00 10 Go ,lacks $10.00 $10.00 Wenzel Wenzel Family Group 1 : Class C Towing and/or Recovery Bid Bid 11 First Hour (per unit) $125.00 $140.00 12 After First Hour (per unit) $125.00 $140.00 Wenzel Wenzel Family Group 1 : Storage Fees per day Bid Bid 13 Cars, pickups, motorcycles (Outside Storage) $20.00 $15.00 14 Cars, pickups, motorcycles (Inside Storage-by $25.00 $20.00 owner request) 15 Trucks, tractors, busses $30.00 $30.00 16 Truck tractor trailers $30.00 $30.00 17 After hours/holiday release charge (if any) $30.00 $30.00 Wenzel Wenzel Family Group 2: Class A Tow Fees Bid Bid 1 Standard Tow (6 A.M.-6 P.M.) $50.00 $45.00 2 Night Tow (6 P.M.-6 A.M.) $60.00 $55.00 3 Dolly Fee $40.00 $35.00 4 Recovery Operations Winching (1shalf hour) $45.00 $40.00 5 Recovery Operations Winching (After 15half hour) $40.00 $40.00 6 Standby Time (1shalf hour) $30.00 $30.00 7 Standby Time (After 1shalf hour) $25.00 $30.00 8 Mileage Outside City Limits per mile $2.75 $2.50 9 Show Up Fee $26.50 $28.00 10 Go ,lacks $10.00 $10.00 Wenzel Wenzel Family Group 2: Class C Towing and/or Recovery Bid Bid 11 First Hour (per unit) $125.00 $135.00 12 After First Hour (per unit) $125.00 $135.00 Scores and comments of the committee members reflected that both firms have presented reasonable and competitive prices, thus making this category effectively a wash between the two firms. While each firm had some differences in pricing structure, it was felt that the similarities and differences equaled out. It was noted that Wenzel Towing had higher storage pricing, but it was felt that the superiority of their office and storage facilities negated that difference. It was also noted that Wenzel Family Towing had higher Class C fees while having older and less equipment to meet the needs of Class C towing situations. 10) Financial Stability Wenzel Towing 5 0 5 4 5 4 5 3 Avg. 3.9 Wenzel Family Towing 4 0 4 2 5 3 4 3 Avg. 3.1 Neither firm provided any specific financial information from their banks or financial institutions affirming their financial stability as businesses. Committee member comments provided supporting scores given indicated that both firms appeared to be financially stable and have grown in assets since the last contract evaluation in 2012. Conclusion The Wenzel Towing proposal meets all of the RFP/contract standards necessary to be able to provide towing and storage services as required under the City of Dubuque towing contract. Our evaluation has concluded that Wenzel Towing is well suited to meet the needs and demands of the City of Dubuque towing contract and has scored higher in a side by side comparison with the other submitting contractor, Wenzel Family Towing. We respectfully submit for your, the City Manager, and the City Council's consideration our recommendation that the FY 2016-2018 City of Dubuque towing contract be awarded to Wenzel Towing, 3197 Hughes Ct., Dubuque. CITY OF DUBUQUE TOWING SERVICE CONTRACT FY2016-FY2018 ISSUING AGENCY: City of Dubuque, Iowa CONTRACTOR: Wenzel Towing, 3197 Hughes Ct., Dubuque, IA 62003 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 , 2015, and subject to the foregoing provisions herein shall continue in effect until Midnight, June 30, 2018. 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) 1 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 2 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 less 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. 3 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. 6. 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 4 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 IL-- 5 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. 16. 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. 6 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. 7 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: By: Aka . 15 Date: 447// 0 CITY OF DUB QUE: By: Date: u June 15, 2015 9 I. 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 11. GROUP 1. Class A SE HOURS PRIC Standard Tow From 6:00 A.M. to 6:00 P.M. $60.00 -Night Tow From 6:00 P.M. to 6:OOA.M. $60.00 Doll Fee $40.00 Recovery Operations Winching (1 st half hour) $46.00 Recovery Operations Winching After 1 s' half hour $40.00 -Standby Time 15 half hour $30.00 -Standby Time After 15 half hour $26.00 Mileage Outside City Limits $2.76/mi. Show Up Fee $26.60 Go Jacks $10.00 GROUP 1. Class C: Towing and/or Recovery SERVICE TYPE PRIC First Hour (per unit $126.00 After First Hour (per unit) $126.00 GROUP I. STORAGE ERVICE TYPE PRICE Cars, pickups, motorcycles Outside storage) $20.00/da Cars, pickups, motorcycles (Inside storage — by owner request) $26.00/day Trucks, tractors, busses $30.00/da Truck tractor trailers $30.00/da 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. SERVICE TYPE HOURS PRICE Standard Tow From 6:00 A.M. to 6:00 P.M. $60.00 -Night Tow From 6:00 P.M. to 6:00 A.M. $60.00 Dolly Fee $40.00 -Recovery Operations Winching 1 st half hour $46.00 Recovery Operations Winching After 1 s' half hour $40.00 Standby Time 15 half hour $30.00 Standby Time (After 1s' half hour) $26.00 -Mileage Outside City Limits $2.76/mi Show Up Fee $26.60 Go Jacks $10.00 GROUP II. Class C: Towing and/or Recovery SERVICE TYPE PRICE First Hour (per unit) $126.00 After First Hour (per unit) $126.00 11 CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR TOWING Attachment A Insurance Schedule T 1 . Wenzel Towing shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Providers 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. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises at or construction of 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers 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 contracting 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. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance in accord with Exhibit 1. 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 provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit 1. 9. Whenever an ISO form is referenced the current edition of the form must be used. 12 CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR TOWING Attachment B 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. 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. 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. 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 endorsement to preserve Governmental Immunity, 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. D) GARAGE KEEPERS LIABILITY Ito include "on-hook"): $ 100,000 Comprehensive Collision This coverage shall be primary and not excess. 13 CITY OF DUBUQUE I"L— INSURANCE REQUIREMENTS FOR TOWING Attachment C Preservation of Governmental Immunities Endorsement 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. 14