Towing Services Contract RFP_2019-2021 Copyrighted
April 16, 2018
City of Dubuque Consent Items # 20.
ITEM TITLE: Towing Services Contract RFP
SUMMARY: City Manager recommending approval to release a
Request for Proposal to solicit proposals for the City of
Dubuque tow contract for Fiscal Years 2019-2021 .
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Towing Contract RFP-NNM Memo City Manager Memo
Staff Memo Staff Memo
Towing RFP Staff Memo
Current Towing Contract 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: Towing Contract: FY2019-FY2021 Request for Proposal
DATE: April 9, 2018
Chief of Police Mark Dalsing recommends City Council approval to release a Request
for Proposal to solicit proposals for the City of Dubuque tow contract for Fiscal Years
2019-2021 .
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�L;� 1��, ����.�
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
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
March 29, 2018
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: Towing Contract: FY2019-FY2021 RFP
INTRODUCTION
The purpose of this memorandum is to begin the process of determining the awarding
of the next City of Dubuque tow contract for fiscal years 2019-21. The current contract
expires July 1 , 2018.
BACKGROUND
Since 1991 , the City of Dubuque and the Dubuque Police Department has contracted its
towing services in three-year contracts. Interested towing agencies bid for the contract
through the use of response to an RFP (Request for Proposal). Since 1991 time there
has been two (2) tow agencies that have received the contract, Wenzel Towing, Burt
Steve Towing, and Wenzel Towing again.
DISCUSSION
The current three-year tow contract between Wenzel Towing and the City of Dubuque
expires July 1 , 2018. As part of the process to select the vendor, an RFP process is
used to solicit to solicit proposals, for a competitive bid process.
The current contract has been reviewed with City Attorney Crenna Brumwell and the
following revisions, along with minor grammatical changes, have been recommended to
the FY2019-FY2021 Tow Contract RFP and contract.
Page 5 - Evidence to be Safeguarded. Contractor shall take all reasonable
precautions required by the Police Department of City to avoid damage to any
evidence or vehicles impounded for evidence collection, such as fingerprints or
stains. Vehicles taken into custody which involve such evidence shall be stored
in an impound area secured from unauthorized persons. Vehicles stored for
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prints shall be protected from dust and dirt or deterioration of evidence by the sun
or other elements.
Page 9 - Contractor represents, warrants, and covenants that no relationship
exists or will exist during the Contract period between the Contractor and the City
that is a conflict of interest. No employee, officer or agent of the Contractor shall
participate in the selection or in the aware if a conflict of interest, real or
apparent, exists. The provisions of lowa Code, Chapter 68B shall apply to the
Contract. If a conflict of interest is proven to the city, the City may terminate the
Contract, and Contractor shall be liable for any excess costs to the City as a
result of the conflict of interest. The Contractor shall establish safeguards to
prevent employees, Contractors or members of governing bodies from using their
positions for purposes that are, or give the appearance of being, motivated by the
desire for private gain for themselves or others with whom they have family,
business, or other ties. The Contractor shall report any potential, real, or
apparent conflict of interest to the City.
PROCESS
The RFP will be released on or about 04/17/18 with a response date of 5/16/18. The
proposals will be reviewed by a committee of City staff who will review and score the
proposals based on contractor competencies to include but not limited to fee schedule,
equipment, and facilities. Once scored by the committee, a recommendation will be
forwarded to the Chief of Police for further City Manager and City Council action.
I would additionally propose the following committee members for the RFP review
process:
Proposed Award Committee Members
FY2019-FY2021
Member De artment
Assistant Chief of Police, Chair Police
Pro ert and Evidence Officer Police
Re resentative Parkin
Re resentative O erations and Maintenance
Re resentative Finance
Re resentative Plannin and Zonin
Fire Marshal Fire De artment
2of3
RECOMMENDATION
I recommend the above listed changes to the tow contract RFP and tow contract,
process for release of the RFP, selection committee, and review of the RFP for contract
award recommendation.
ACTION REQUESTED
City Manager review and approval of the above described process and request for
Mayor and City Council approval.
3of3
REQUEST FOR PROPOSALS
GENERAL SPECIFICATIONS
VEHICLE TOWING SERVICE CONTRACT
SCOPE:
The City of Dubuque, lowa, requests proposals for a contract for towing and storage of
vehicles impounded pursuant to Title 9, Chapter 15 of the City Code of Ordinances of
Dubuque, lowa, and the disposition of abandoned vehicles pursuant to section 321 .89 of
the Code of lowa; together with other such towing as may be designated by the City. The
term of the contract will be for a contractual period ending 06/30/2021 .
PURPOSE:
These specifications are designed to ensure prompt, adequate, reasonable and uniform
cost for towing and storage services for the City and the public at the request of the City.
The contractor and its employees shall be required to provide services authorized in the
towing industry courteously and with the attitude that their service is an extension of the
City government, and that their dealings with the public shall be carried out with the utmost
respect for the citizens with whom they come into contact.
GENERAL:
Proposals will be considered only from firms regularly engaged in the towing business and
who can produce evidence that they have an established, satisfactory record of
performance for a period of one year or more, and have satisfactory financial support, and
the required equipment and organization sufficient to ensure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated.
The term "equipment and organization", as used herein, shall be construed to mean a fully
equipped and well-established business as determined by the City of Dubuque.
COMPETENCY OF CONTRACTORS:
1 . The contractor must have all necessary State licenses and permits as may be
required to perform the services set forth herein.
2. The contractor must submit the names and addresses of all persons who have a
financial interest in the business, including, but not limited to, individual owners,
partners, limited partners, officers, directors, and stockholders.
3. The contractor must be familiar with all laws, ordinances, rules and regulations that
may in any way affect the work. Ignorance on the part of the contractor with respect
to any such laws, ordinances, rules or regulations will in no way relieve the
contractor of responsibility.
4. The contractor must provide a list of at least three (3) business references including
address, phone number and contact name. These references must include current
contracts with other entities similar in the requirements to the City of Dubuque.
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5. An Award Committee will be established to review all the proposals, facilities,
equipment, etc. prior to the award of the contract and will make appropriate
recommendations to the City of Dubuque administration. Specific factors that will
be considered by the City include, but are not limited to:
a. Technical capability of the contractor to accomplish the scope of the work required
in the Request for Proposal. This includes holding all proper licenses, performance
history on past and current government or industrial contracts or work, and
responsiveness of the proposal in clearly stating an understanding of the work to be
done.
Technical Capabilities
20 Possible Points
A Contract Histo 1 2 3 4 5 C Past Performance 1 2 3 4 5
B References 1 2 3 4 5 D Com leteness of Pro osal 1 2 3 4 5
b. Demonstrated availability of the necessary personnel (both supervisory and
operational personnel), facilities and necessary equipment to accomplish the scope
of work in the Re uest for Pro osal.
Demonstrated Availability
20 Possible Points
A Amount&T e of E ui ment 1 2 3 4 5 C Lot Location & Facilities 1 2 3 4 5
B Personnel 1 2 3 4 5 D Lot Ca acit and Potential 1 2 3 4 5
c. Financial capability of the contractor to pertorm in accordance with the proposal
requirements, evidenced by the financial position and resources that assures the
abilit to com lete the contract and rices offered.
Financial Capabilities
10 Possible Points
A Price Quotation 1 2 3 4 5 B Financial Stabilit 1 2 3 4 5
Scoring: 50 TOTAL Points
6. The Contractor must submit to the City in as much detail as is deemed necessary, a
description of how the towing service will be performed in relationship to the specific
factors that will be considered by the City for award as listed in Section 5 above. A
statement of qualification must be submitted with this proposal form.
7. The City of Dubuque shall have the right to thoroughly inspect and investigate the
establishment, facilities, business reputation, quality of equipment, and other
general qualifications of any Contractor, and to reject any proposals, irrespective of
the proposal price if it is determined that the Contractor is lacking in any of the
essentials necessary to assure acceptable standards of performance. During the
contract period, the City of Dubuque reserves the right to inspect, during normal
business operation times, the facilities and all records that are related to the
contract.
8. The City of Dubuque reserves the right to reject any and all proposals for any
reason it determines appropriate.
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9. The proposed form of contract may be amended by the City as it deems to be in the
best interest of the City.
10. Once the City determines the successful bidder, the City reserves the right to
negotiate the terms and conditions of the specific proposal to reach a final contract.
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 EXHIBITA)
2. INDEMNITY AND HOLD HARMLESS AGREEMENT:
Contractor hereby agrees to defend, indemnify and hold the City harmless against:
a. Any and all losses and liabilities for claims for personal injury, death, or property
damage made against the City 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 Ibs., all of
which shall be equipped with wheel lifts. (referred to as Class A wreckers for
purposes of Rates and Charges detail page)
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.
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e. The Contractor shall have available at all time's 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
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.
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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 Exhibit B. 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 speci�cations.
2) Off premise site(s) shall have security lighting and be alarmed.
3) Vehicle storage area shall be located on hard surtace, 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.
5) Evidence to be Safeguarded. Contractor shall take all reasonable
precautions required by the Police Department of City to avoid damage to
any evidence or vehicles impounded for evidence collection, such as
fingerprints or stains. Vehicles taken into custody which involve such
evidence shall be stored in an impound area secured from unauthorized
persons. Vehicles stored for prints shall be protected from dust and dirt or
deterioration of evidence by the sun or other elements.
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
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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.
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 lowa. 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 PM and 6:00 AM 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."
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
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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 563-589-
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-hour 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 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.
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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 lowa
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 State Code of lowa, 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
lowa, as amended. Sales shall be conducted at a time, place and manner to be
determined by the Contractor.
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 lowa. 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
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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.
20. OTHER INTERESTS:
Contractor represents, warrants, and covenants that no relationship exists or will exist
during the Contract period between the Contractor and the City that is a conflict of interest.
No employee, officer or agent of the Contractor shall participate in the selection or in the
aware if a conflict of interest, real or apparent, exists. The provisions of lowa Code,
Chapter 68B shall apply to the Contract. If a conflict of interest is proven to the city, the
City may terminate the Contract, and Contractor shall be liable for any excess costs to the
City as a result of the conflict of interest. The Contractor shall establish safeguards to
prevent employees, Contractors or members of governing bodies from using their positions
for purposes that are, or give the appearance of being, motivated by the desire for private
gain for themselves or others with whom they have family, business, or other ties. The
Contractor shall report any potential, real, or apparent conflict of interest to the City.
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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, familial status, 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, familial status, 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, familial status, 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
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 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
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the event the Contractor fails to cure such deficiency within such time, the Contract shall
stand terminated.
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CONTRACTOR TO COMPLETE ALL BLANKS:
A. Office, Business Facilit and Main Stora e See Technical S ecification
Location:
B. Additional Stora e Com ounds:
(1)
�2)
C. Do you have any association, connection, affiliation, or financial interest
in any automobile or truck body shop, or paint shop businesses?
See Technical S ecification
YES q NO q
If yes:
1) Name and Address of Shop:
Nature of Association:
2) Name and Address of Shop:
Nature of Association:
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D. Type of Business Ownership: Sole Proprietorship q
Partnership q
Sub S Corporation q
Regular Corporation q
List all owners (See Competency of Contractors):
1)
2)
3)
E. Do you carry the minimum insurance required? (See Technical
S ecifications
YES q NO q
Certificate of Insurance will be required at the beginning of the contract and each
anniversa thereafter.
F. List at least three (3) references that you have provided towing service for
durin the ast ear on a continuous basis. See Com etenc of Contractor
1) Company/City:
Manager/Contact:
2) Company/City:
Manager/Contact:
3) Company/City:
Manager/Contact:
13
G. List equipment (Type, Year, Make, Serial No., License Number) that you will
make available to perform this Contract, if awarded. (See Technical
S ecification
# Class Year T e of Vehicle Serial Number License Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
14
H. Statement of Qualifications: (See General Specifications, Competency of
Contractor Item 6)
Attach additional sheets as necessary
15
ATTENTION: SUBMIT SEPARATELY WITH GROUP II PRICING
IN SEALED ENVELOPE
I. PROPOSED RATES AND CHARGES
GROUP I
List your proposed 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 speci�c 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
SERVICE TYPE HOURS PRICE
Standard Tow From to $
NI ht Tow From to $
Doll Fee $
Recove O erations Winchin 15� half hour $
Recove O erations Winchin After 1 S� half hour $
Standb Time 15� half hour $
Standb Time After 15� half hour $
Milea e Outside Cit Limits $
Show U Fee $
Go Jacks $
GROUP I. Class C: Towing and/or Recovery
SERVICE TYPE PRICE
First Hour er unit $
After First Hour er unit $
GROUPI. STORAGE
SERVICE TYPE PRICE
Cars, icku s, motorc cles Outside stora e $
Cars, icku s, motorc cles Inside stora e — b owner re uest $
Trucks, tractors, busses $
Truck tractor trailers $
After hours/holida release char e if an $
16
ATTENTION: SUBMIT SEPARATELY WITH GROUP I PRICING
IN SEALED ENVELOPE
J. PROPOSED RATES AND CHARGES
GROUPII
List your proposed 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 speci�c 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 to $
NI ht Tow From to $
Doll Fee $
Recove O erations Winchin 15� half hour $
Recove O erations Winchin After 1 S� half hour $
Standb Time 15� half hour $
Standb Time After 15� half hour $
Milea e Outside Cit Limits $
Show U Fee $
Go Jacks $
GROUP II. Class C: Towing and/or Recovery
SERVICE TYPE PRICE
First Hour er unit $
After First Hour er unit $
17
CITY OF DUBUQUE
INSURANCE REQUIREMENTS FOR TOWING
EXHIBIT A
City of Dubuque Insurance Requirements for Towing
INSURANCE SCHEDULE P
1. (Contractor)shall furnish a signed certificate of insurance to the City of
Dubuque 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. 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 lowa 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
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs 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 AgreemenYs 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
18
City of Dubuque Insutance Requirements for Towing
1NSURANCE SCHEDULE P (continued)
EXHIBITI
A} WORKERS COMPENSATION AND EMPLOYERSlIABdLITY
Statuto�y benefits covermg all employees in�ured on the�ob 6yaccidentor disease as
prescrfbed by lowa Code Chapter 85 as amended.
Coverage A Statutory—State of lo�vas
Coverage B Employers Liability
Each Accident $100,000
Each Employee Disease, $100,000
Policy'Limit Disease $500,000
Policy stiall include,Waiuer of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Bodily in�ury and property damage limit ofJiability: $1;000,000
C) COMMERCIAL GARAGE LIABILITY
Genecal Aggregate,Limit $2;000,000
Products-Gompleted Operation Aggregate Limit $1 000,000
Personaland Advertismg InJury LimiY � $1;00O,OOD
Each Occurrence Limit $1 QQ0;000
Fire Damage Limit(any one occurrence) $50;000
Medical Payments $S,OOD
Coverage shall be written on an occurrence not claims made,form Tlie general liakiility
coverage shall be written in accord with ISO form CG0001 or business owners form
BP0002.All deviations from tFie standa�d ISO Garage Liability form shall be clearly
identified.
Include an endorsement indicating that coverage is primary and non contributory,
Include Preservation of Govemmental Jmmunities endorsement Sample attached.
Include an endorsement that deletes any fellow employee exclusion.
Include additional i'nsured endoYsemenYfor 'The City of Qukiuque including all its elected
and appointed officials all its employees and volunteers all tts boards,commissions
antl/or authonties and their board members employees and volunteers.
Policy sf7all include Waiver of Right to Reeaver from Others endorsement.
D) GARAGE KEEPERS LIABILITY
(to include on hoak") $250„000
Camprehensive
Collision
This eoverage shall tie primary and noY excess.
Page 2 of 3 Schedule P Towing July 2017
19
City of Dubuque Insurance Requirements for Towing
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv.The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe.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 lowa Section 670.4 as it
now exists and as it may be amended from time to time.Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv.The City of Dubuque, lowa 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 Coveraqe.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, lowa 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, lowa.
No Other Chanqe in Policv.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
20
21
EXHIBIT B
OUTSIDE STORAGE SITE PLAN -- CHECKLIST
1) Graphic information to be on the site plan:
_ Site plans shall be drawn to scale in ink on substantial paper not to exceed
11" x 17" sheets.
_ Show all property lines, lot dimensions, total area and adjacent street(s) and
alley(s).
_ Show location and exterior dimensions including height of all proposed
and/or existing buildings, or structures.
_ Show location, exterior dimensions, and general nature/materials of existing
and proposed fences and/or screening.
_ Show location and general nature/materials of existing and proposed
landscaping for outside storage area(s) such as trees, shrubs, and berms.
_ Show location and dimensions of parking stalls, circulation aisles, loading
areas, and sidewalks.
_ Graphic scale and north arrow.
2) Written information to be on site plan:
_ Name of towing contractor and address of property.
_ Name, address and phone number(s) of the property owner(s).
_ Name, address and phone number(s) of the towing contractor(s) if different
from the owner(s).
_ Proposed use(s) for all residential buildings or structures.
3) Construction Details
_ Name, address of Construction Company/Person responsible for construction
_ Timetable of Completion
Written Cost Estimates
_ Written Property Lease or Purchase Agreement
_ Written Documentation showing Property is properly zoned for use regarding
general specifications for vehicle use and storage.
22
CITY OF DUBUQUE
TOWING SERVICE CONTRACT
FY2016-FY2018
ISSUING AGENCY: City of Dubuque, lowa
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 , 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 Ibs., 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 pertorm 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 speci�cations.
2) Off premise site(s) shall have security lighting and be alarmed.
3) Vehicle storage area shall be located on hard surtace, 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.
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 lowa. 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
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 lowa
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 lowa, 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
lowa, 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 lowa. 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 pertormance 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 DUBUQUE:
By: By:
Date: Date:
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 speci�c 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
SERVICE TYPE HOURS PRICE
Standard Tow From s:ooa.m, to s:ooa.m. $50.00
Ni ht Tow From 6:o0P.M, to 6:o0A.M. $60.00
Doll Fee $40.00
Recove O erations Winchin 15� half hour $45.00
Recove O erations Winchin After 1 S� half hour $40.00
Standb Time 15� half hour $30.00
Standb Time After 15� half hour $25.00
Milea e Outside Cit Limits $2.75/mi.
Show U Fee $26.50
Go Jacks $10.00
GROUP I. Class C: Towing and/or Recovery
SERVICE TYPE PRICE
First Hour er unit $125.00
After First Hour er unit $125.00
GROUPI. STORAGE
SERVICE TYPE PRICE
Cars, icku s, motorc cles Outside stora e $20.00/da
Cars, icku s, motorc cles Inside stora e — b owner re uest $25.00/da
Trucks, tractors, busses $30.00/da
Truck tractor trailers $30.00/da
After hours/holida release char e if an $30.00
10
J. RATES AND CHARGES
GROUPII
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 speci�c 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 s:ooa.m, to s:ooa.m. $50.00
Ni ht Tow From 6:o0P.M, to 6:o0A.M. $60.00
Doll Fee $40.00
Recove O erations Winchin 15� half hour $45.00
Recove O erations Winchin After 1 S� half hour $40.00
Standb Time 15� half hour $30.00
Standb Time After 15� half hour $25.00
Milea e Outside Cit Limits $2.75/mi
Show U Fee $26.50
Go Jacks $10.00
GROUP II. Class C: Towing and/or Recovery
SERVICE TYPE PRICE
First Hour er unit $125.00
After First Hour (per unit) $125.00
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CITY OF DUBUQUE
INSURANCE REQUIREMENTS FOR TOWING
Attachment A
Insurance Schedule T
1 . Wenzel Towinq shall furnish a signed Certificate of
Insurance to the City of Dubuque, lowa 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 lowa 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 lowa and all carriers shall have a rating of A or better in the current A.M.
BesYs 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 I.
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 I.
9. Whenever an ISO form is referenced the current edition of the form must be used.
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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 lowa 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, lowa.
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 (to include "on-hook"1: $ 100,000
Comprehensive
Collision
This coverage shall be primary and not excess.
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CITY OF DUBUQUE
INSURANCE REQUIREMENTS FOR TOWING
Attachment C
Preservation of Governmental Immunities Endorsement
1 . Nonwaiver of Governmental Immunitv. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque, lowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4
as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe. 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 lowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of lowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa 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 Coveraqe. 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, lowa 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, lowa.
No Other Chanqe in Policv. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
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