Towing Contract Sharing - PoliceMEMORANDUM
August 29, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Towing Contract
The award of the City of Dubuque towing contract was previously tabled by the City
Council.
Based on City Council concerns from that meeting, Chief of Police Klm Wadding has
spoken with the two bidders, Wenzel's Towing and Bur[ Steve and Son Garage, and is
recommending that the two bidders share the three-year contract at the lower price
submitted by Burt Steve and Son Garage.
Original discussions with the two bidders indicated this was satisfactory to both parties.
More recent discussion indicates that there might be some concerns.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MiC, hael C. Van %
Milligen
MCVM/ksf
Attachmeni
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser. Assistant City Manager
Klm Wadding, Police Chief
MEMORANDUM
Date: August 28, 2003
To: Michael C. Van Milligen
City Manager
From: Klm B. Wadding
Police Chief ' ~' '-"
Re: Towing Contract - Recommendation
INTRODUCTION
The purpose of this memorandum is to recommend the sharing of the City of Dubuque
towing contract between Burr Steve and Son Garage and Wenzel's Towing at the
pricing originally submitted by Burt Steve and Son Garage and listed below.
BACKGROUND
Since 1991, the Dubuque Police Department has contracted its towing service through
the use of a RFP (Request For Proposal) process. Each contract is three years with an
optional three-year renewal upon agreement allowing for renegotiation of rates each
year by the involved parties. Regarding the bid specifications, the only key changes
were to update the insurance to reflect current requirements. On July 1, 2003 the City
of Dubuque tow contract expired With the contract under review, the contract
continues under an extension with Wenzel's Towing.
On August 4. 2003 the towing contract was presented to the City Council. Two towing
companies submitted proposals: Wenzel's Towing and Bur[ Steve and Son Garage. Of
the two. Wenzel's Towing was initially recommended for approval based upon meeting
proposal requirements with Bur[ Steve and Son Garage absent the requirement of a
secured outside storage area. Due to the expense of building a security fence. Burt
Steve and Son Garage would be willing to do so after receiving the contract award.
After City Council discussion, the award decision was tabled asking staffto revisit the
process and see what measures could be taken to secure the lower bid pricing and
explore the contract allowing compliance with the RFP after the award of the contract
versus the time of the award.
· blSCLI'SSION
Since the August 4, 2003 Council Meeting I have met with both Wenzel's Towing and
Burr Steve and Son Garage. In those discussions, both parties remain interested in the
towing contract. Both parties have indicated an interest in sharing the contract if no
single vendor is selected. The service pricing is listed below and reflects the original
pricing submitted by Burr Steve and Son Garage. Wenzel's Towing has said they would
agree to the 2003 listed prices. Below is a listing of those prices in comparison to the
2000 Price List.
Group I-Class A (Vehicles not owned by City Service performed as a result of a call from Police Officer)
I Standard Tow W (7 A.M.- 6 P.M) S (6 A.M. - 6 P.M.) 45 43
2 Night Tow W (6 A.M. - 7 P.M.) S (6 P.M. - 6 A.M.) 55 55
3 Dolly Fee 35 35
4 Winching (ISt half hour) 35 32
5 Winching (After 1st half hour) 35 32
6 Standby Time (pt half hour) 25 20
7 Standby Time (After i st half hour) 20 20
8 Mileage Outside City Limits 2 2
9 Show Up Fee 20 25
I 0 Class C: Towing and/or Recovery - First Hour (per unit) 100 95
I I Class C: Towing and/or Recovery- After First Hour (per unit) 100 95
12 Storage: Cars, Pickups, motorcycles (Outside Storage) 10 10
13 Storage: Cars, Pickups, motorcycles (Inside Storage :- owner request) 12 12
I4 Storage: Trucks, tractors, busses 25 25
15 Storage: Truck Tractor Trailers 25 25
16 After hours release charge (if any) 25 25
Group II-Class A (Vehicles owned or leased by the City, service performed as a call from Police Officer)
17 Standard Tow W (7A.M.-6P.M) S (6 A.M. - 6 P.M.) 45 43
18 NightTow W(6A.M.-TP.M.) S (6 P.M. - 6 A.M.) 55 55
19 Dolly Fee 35 35
20 Winching (1st half hour) 35 32
21 Winching (After 1st halfhour) 35 32
22 Standby Time (1s~ half hour) 25 20
23 Standby Time (After 1st half hour) 20 20
24 Mileage Outside City Limits 2 2
25 Show Up Fee 20 20
26 Class C: Towing and/or Recovery - First Hour (per unit) 100 95
27 Class C: Towing and/or Recovery - After First Hour (per unit) 100 95
TOTAL $I,041 I $I,000
On Monday, August 25, 2003 a letter was received from Stephen J. Juergens, attorney
for Wenzel's Towing (attached). Mr. Juergens states the property of Burt Steve & Son
Garage located on Crescent Ridge is designated as a non-conforming use under the
City's Zoning Ordinance and would be restricted ~n any future expansion or rebuilding.
Steve Juergens requested this concern be made aware to the City Council. in response
I visited with Laura Cartsens from Planning Services; she verifiec~ Burt Steve and Son is
a non-conforming use and is "grand fathered" under the present zoning ordinance. This
distinction restricts future expansion or rebuilding.
· ,~,lthdu.~h future expansion is restricted, expansion does not include the placement of
outside fencing and is allowed under current zoning requirements. Therefore. Bud
Steve and Son Garage could erect an appropriate fence to meet the secured outside
storage requirement.
RECOMMENDATION
Regarding the awarding of the City of Dubuque tow contract, we recommend the
following:
1)
2)
3)
Award a three-year contract to Wenzel's Towing and Burt Steve and Son
Garage on a shared rotating basis.
Burr Steve and Son Garage be given 30 days from the time of the award
to comply with all contract requirements, most notably the secured outside
storage and insurance requirements.
The pricing list for services performed be those originally submitte~t by
Bur-[ Steve and Son garage as outlined above.
Regarding our tow and storage history, Jules Wenzel from Wenzel's Towing places our
current vehicle storage between 90 to 120 vehicles. Bid specifications require no less
than 50 vehicles for outside storage and no less than 15 vehicles for inside storage. By
having two vendors sharing the contract the city doubles its storage capacity.
ACTION REQUESTED
City Council approval to award on a shared basis the City of Dubuque towing contract to
Wenzel's Towing and Steve Burt and Son Garage for the next three years based upon
the recommendations above.
Attachment
VEHICLE TOWING SERVICE CONTRACT
ISSUING AGENCY:
CONTRACTOR:
City of Dubuque, Iowa
Wenzel Towing Service,
275 Salina Street
Dubuque, Iowa 52001
IRC.
The Contractor agrees to meet. maintair~ 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. , and subject to the
foregoing provisions here~n shall continue in effect until Midnight,
IN WITNESS THEREOF, the parties hereto have executed this Contract.
CONTRACTOR:
By:
Date:
CITY Of DUBUQUE:
By:
Date:
GENERAL SPECIFICATIONS
FOR
VEHICLE TOWING SERVICE CONTRACT
SCOPE:
The City of Dubuque, Iowa. requests proposals for a contract for towing and storage of
vehicles impounded pursuant to section 'the City Code of Ordinances of Dubuque, Iowa,
and the disposition of abandoned vehicles pursuant to section 321.89 of the Code of Iowa:
together with other such towing as may be designated by the City. The term of the
contract will be three (3) years.
PURPOSE:
These specifications are designed to ensure prompt, adequate, reasonable ane 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 suoport, and
the required equipment and organization sufficient to ensure that they can satisfactorily
execute the serv~cas if awarded a contract under the terms and conditions here~n 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.
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.
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
an~; 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.
An Award Committee will be established to rewew all the proposals, facilities
equipment, etc. pdor 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:
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.
Demonstrated availability of the necessary personnel (both supervisory and
operational personnel), facilities and necessary equipment to accomplish the scope
of work in the Request for Proposal.
Financial capability of the contractor to perform in accordance with the proposal
requirements, evidence by the financial position and resources that assures the
ability to complete the contract and prices offered.
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. The
statement of qualification must be submitted with this proposal form.
7. The City of Dubuque shall have the dght 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 pdce if it is determined that the Contractor is lacking in any of the essentials
necessary to assure acceptable standards of performance. During the contract
pedod, the City of Dubuque reserves the dght to inspect, during normal business, 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.
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.
11. At the conclusion of the third year. the City of Dubuque and the Contractor may, by
mutual agreement in writing, extend this contract for an additional three-year term.
TECHNICAL STANDARDS
The Contractor, performing as an indepenc~ent contractor hereunder, shall be fully
responsible for meeting the following technical standards:
1. INSURANCE AND AMOUNTS
(SEE ATTACHED INSURANCE SCHEDULE FOR REQUIREMENTS)
2. INDEMNITY AND HOLD HARMLESS AGREEMENT:
Contractor hereby agrees to defend, indemnify and hold the City harmless against:
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.
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 fai lure to comply with any
applicable laws, ordinances or regulations.
3. EQUIPMENT:
The following minimum equipment shall be maintained:
a. Three (3) Class A wreckers of 4-ton capacity with truck GVVV of 10,000 lbs. two of
which shall be equipped with wheel lifts.
b. One (1) Class C wrecker having 25-ton pulling capacity with extendable boom
capacity of 25 tons or more. The vehicle must have twin winches, air brakes with
auxiliary air supply and must have a minimum of 25,000 lb. GWN;
c. One (1) car carrier with a minimum capacity of 10:000 GVVV (Note: May be included
as part of A total);
d. One (1) set of motorcycle carrying straps for each Class A Wrecker.
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 indicates or tends 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 communicatio~ with a range extending to the
Dubuque city limits. Radios shall not be tuned to any police frequency.
The Contractor further agrees that sufficient operable towing vehicles and personnel will
be available to adequately service the special towing needs of the City occasioned by
special events requiring towing, including but not limited to. declared emergencies or
construction projects, as determined by the Chief of Police or designee, or the City
Manager or designee.
All wreckers shall be equipped with the necessary equipment to perform emergency
towing and recovery according to industry standards. All Class A wreckers shall have
dollies, brooms, shovels, and fire extinguishers. The Contractor shall comply with all
laws, rules, and regulations of any governmental agency having jurisdiction over the
Contractor's business including, but not limited to, licensing and minimum safety
requirements.
4. FACILITIES:
The Contractor shall maintain a business and storage facility within the Dubuque city
limits, which storage area shall include reasonably secured short term and long term
storage for 65 vehicles. The facility shall be accessible between 8 A.M. to 8 P.M.,
seven days per week. The fadlity shall comply with all applicable building and zoning
regulations and be owned or exclusively leased by the Contractor.
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. The Contractor's ma~n storage
area and outside compound shall be for not less than 50 vehicle's (meeting all required
spedfications as outlined herein). The Contractor shall have inside storage capacity to
store not less than 15 vehicles. Vehicles which have been marked "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.
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 Contract may be terminated by the City.
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.
All outside storage facilities shall be enclosed with a solid wall or a substantial wire
fence not less than six (6) feet in height. Requirements of fencing shall be complied
with before award of the Contract. 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.
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.
5. PERSONNEL:
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 ddve 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.
Each driver should 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. dean.
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 less than fifteen (15)
minutes from the time that the towing firm receives a call during the day (6 AM to 6 PM),
and not less 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 spec'tried time,
the City shall have the dght to make other arrangements for the cell. 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 ardving 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 pdor to the ardval of the tow equipment without
requiring payment of a "show up" fee to the Contractor by the ownedoperator, unless
the Contractor was requested between 6:00 P.M. and 6:00 A.M. dudng which time the
Contractor may collect a "show up fee" provided the Contractor's driver has left the
ddver's residence and/or place of bus,ness. 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 property in tl~e vehicle at the time of impoundment and
described on the inventory list an(: 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 tbs 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:
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 pnnciple place of business of the Contractor and shall be
cleady visible to the general public.
Rates and fees on the rate sheet shall not be changed except within thirty (30) days
prior to the anniversary date each year of the Contract and only if approved by the City.
11. COLLECTIONS/CHARGES:
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 ~s 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.
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 seek to reclaim
the same from the Contractor, the Contractor shall provide suCh owner or such person
lawfully entitled to possession with an itemized statement of all charges relating To the
impounding of such vehicle.
14. NOTIFICATION:
The City shall notify, by certified mail, within twenty (20) days of the date of taking an
abandoned vehicle into custody, the last known registered owner and any known
lien holder at the last known address, that an abandoned vehicle has been taken into
custody.
If the identity of the last registered owner cannot be determined or if the registration
contains no address for the owner, the City shall provide notice by one (1) publication in
a newspaper published in Dubuque County, Iowa.
15. RELEASE OF VEHICLES AND PERSONAL PROPERTY:
The Contractor agrees to release a vehicle to its owner upon authorization from the City
and payment of towing and storage costs by the owner. At the time of release, the
Contractor shall provide the owner with a receipt, itemizing towing and storage costs.
All discrepancies and settlements are the responsibility of the owner and the
Contractor.
16. DISPOSAL OF VEHICLES:
The Contractor shall cooperate with the City to expeditiously handle all procedures for
the disposal of abandoned automobiles pursuant to Iowa Code Section 321.89. The
procedure for disposal shall be conducted in the following manner:
The Dubuque Police Department shall determine the means of disposal, either to a
demolisher or by public auction.
A. Disposal to Demolisher:
(1) The City shall mail publication requesting ~)ids from local demolishers.
Upon receipt of bids and determination of highest bidder, the City shall issue
demol ition title and collect payment for vehicles from the demolisher.
(2) Upon receipt of payment for vehicles, the City shall provide the Contractor with
name of the demolisher who purchased vehicle and the amount paid for vehicle.
(3)
The Contractor shall then complete Iowa Department of Transportation
form 411090, Abandoned Vehicle Report, within seven days after delivery of the
vehicle to the successful bidder and retum the form to the City for approval and
submission to the Iowa Department of Transportation.
B. Disposal by Public Auction
(1) Public Auction of abandoned vehicles shall be held at the Contractor's place of
business.
(2)
The Contractor shall be responsible for the auction of vehicles. The Contractor
shall be compensated in accordance with Iowa Code Section 321.89 with 10% of
the vehicle sale price or ten dollars per vehicle, whichever is less.
(3)
The Dubuque Polica Department shall be present at any such auction and shall
issue titles for vehicles sold. The Police Department shall also collect the
proceeds from the sale of vehicles.
(4)
Upon completion of auction, the Contractor shall complete Iowa Department of
Transportation form 411090, Abandoned Vehicle Report, within seven days of
delivery of the vehicle to the successful bidder and return the form to the Police
Department for approval and submission to the Iowa Department of
Transportation.
(5)
When the Police Department receives form 411090 from the Contractor, a
purchase order shall be forwarded to the City of Dubuque Finance Department for
payment of towing, storage, and auction fees to the Contractor for the vehicles
listed on form 411090.
If the Contractor fails to complete form 411090 in the time required and the form is not
submitted to the Department of Transportation as set forth in Section 761. Chapter
480.2(321 ) and 480.3(321 ) of the Iowa Administrative Code, the City shall not be
responsible for payment of towing, storage, or any other fees submitted by the
Contractor.
17. NON-EXCLUSIVENESS OF SERVICES:
The owner or person ~n possession of any vehicle that has been involved in an accident
or whose vehicle has been ~ncepadtated 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:
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.
If the Contractor receives a cell beyond the Contractor's "immediate capacity" to handle.
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 qualifications required herein,
including, but not limited to, equipment, personnel, and insurance.
"Immediate capacity" shall be defined as c~rcumstances involving natural disasters,
multiple accident scenes, extreme weather conditions, or when the Contractor's
equipment has been fully extended on service for the City of Dubuque. In such cases,
the Police Department dispatcher shall be so advised at the time of the cell.
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 acddent.
20. OTHERINTERESTS:
The Contractor shall not, in the performance of the Contract, favor any automobile or
truck body shop, paint shop, salvage or recycling business. The Contractor hereby
represents that it nas no connection, association, affiliation or financial interest in any
automobile or truck body shop, paint shop, salvage or recycling bus,ness. 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.
21. COMPLIANCE WITH LOCAL. STATE, AND FEDERAL LAWS:
The Contractor shall comply with all applicable local, state, and federal laws.
22. NON-ASS IGNABILITY AND SHAREHOLDERS:
The Contract shall not be assignable.
23. NONDISCRIMINATION
Contractor shall not:
a. Discharge from employment or refuse to hire any individual because of race. color,
religion, national origin, sex, age, marital status, 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, or disability.
c. Discriminate against any individual in delivery or service because of race, color.
religion, national origin, sex, age, marital status, 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.
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 the event the Contractor fails to cure such deficiency within such time. the
Contract shall stand terminated.
CONTRACTOR TO COMPLETE ALL BLANKS:
A. Office, Business Facility and Main Storage (See Technical Specification,
Paragraph 4)
Location:
B Additional Storage Compounds:
(1)
(2)
C.
Do you have any association, connection, affiliation, or financial interest
in an automobile or truck body shop, paint shop, salvage, or recycling
business? (See Technical Specification, Paragraph 20)
Yes No
If yes: 1) Name and Address of Shop
Nature of Association
2) Name and Address of Shop
Nature of Association
D. Type of business ownership:
Sole Proprietorship
Partnership
Sub S Corporation
Regular Corporation
List all owners (See Competency of Contractors, paragraph 2):
1)
2)
3)
E. Do you carry the minimum insurance required? (See Technical
Specifications, paragraph 1 )
Yes No
Certificate of Insurance will be required at the beginning of the contract and each
anniversary thereafter.
F. List at least three (3) references that you have provided towing service
for during the past year on a continuous basis. (See Competency of
Contractor, paragraph 4)
1) Company/City:
ManagedContact:
2) Company/City:
Manager/Contact:
3) Company/City:
ManagedContact:
G. List equipment (Type, Year, Make, Serial No., License Number) that you will
make available to pen~orm this Contract, if awarded. (See Technical
Specification, paragraph 3)
Class Year Type of Vehicle Serial No. License No.
H Statement of Qualifications: (See General Specifications, Competency of
Contractor. paragraphs 5 and 6.)
Attach additional sheets as necessary
I. List your proposed rates and charges (Prices must remain firm for the first year of the
Contract. Any fee or change of charges 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.
GROUPI.
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 which are
included inGroup II.
GROUP I. CtassA PRICE
Standard Tow ........... Hours ....... $
Night Tow ................. Hours ....... $
Dolly Fee ...................................................... $
W~nching (1 st half hour) ................................ $
Winching (After 1st half hour) ......................... $
Standby Time (1st half hour) .......................... $
Standby Time (After 1 st half hour) ................. $
Mileage Outside City Limits ........................... $
Show Up Fee ................................................. $
Go Jacks/Dollies ............................................ $
GROUP I. Class C: Towing and/or Recovery PRICE
First Hour (per unit) ........................................ $
After First Hour (per unit) ............................... $
GROUP I. STORAGE
Cars, pickups, motorcycles (Outside storage) ............. $
PRICE
Cars. pickups, motorcycles (inside storage-by owner request)..$.
Trucks. tractors, busses ................................. $
Truck tractor trailers .................................... $
After hours release charge (if any) ................ $
J. PROPOSED RATES AND CHARGES: (Prices must remain firm for the first year of the
Contract. Any fee or change of charges may be negotiated thirty (30) days on or before
the anniversary date each year)
NOTE: The City of Dubuque does not guarantee or ~mply any specific number of tows,
etc. that will occur dudng the life of this Contract.
GROUP I1:
City employee.
GROUP II. CLASS A.
Standard Tow ........... Hours
Night Tow ................. Hours
Rates for Group II apply to those vehicles that are owned or leased by the
City, but service performed as a result of a call from a City Police Officer or
PRICE
Dolly Fee ..................................................... $
Winching (1st half hour) ................................. $
Winching (After lsl half hour) ......................... $
Standby Time (1st half hour) .......................... $
Standby Time (After 1st half hour) ................. $
Mileage Outside City Limits ........................... $
Show Up Fee ................................................ $
GROUP II CLASS C. Towing and/or Recovery
First Hour (per unit) ....................................... $
After First Hour (per unit) .............................. $
PRICE
INSURANCE SCHEDULE
All policies of insurance required hereunder shall be with an insurer authorized to
do busir~ess in Iowa. All insurers shall have a rating of A or better in the current A.M.
Best Rating Guide.
All policies of insurance required hereunder shall be endorsed to provide a thirty
(30) day advanced notice to the City of Dubuque of any cancellation of the policy
prior to its expiration date. This endorsement supersedes the standard cancellation
statement on the Certificate of Insurance.
The Contractor shall furnish Certificates of Insurance to the City of Dubuque, Iowa
for the coverage required in Paragraph 7. Such certificates shall include copies of
the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion ~n the
policy. The Contractor shall also be required to provide Certificates of Insurance of
all subcontractors, and all subcontractors who perform work or services pursuant to
the provisions of this contract. Said certificates shall meet the same insurance
requirements as are required of the Contractor.
Each Certificate of Insurance shall be submitted to the Police Department pdor to
commencement of work/service.
AI policies of insurance required in Paragraph 7 shall include the City of Dubuque,
Iowa under the attached Additional Insured Endorsement (CG2026) and the
attached Governmental Immunities Endorsement.
Failure to provide evidence of minimum coverage shall not be deemed a waiver of
these requirements by the City of Dubuque. A Contractor's failure to obtain or
maintain insurance required by this agreement shall be considered a material
breach of this agreement.
The Contractor, subcontractors, and all sub-subcentractors shall be required to
carry the following minimum ~nsurance coverages or greater if required by law or
other legal agreement:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY:
The limit of coverage for employer's liability shall be at least $100, O00 each accident,
$100,000 each employee by disease, and $500,000 policy limit for bodily ~njury by
disease.
Policy shall include an endorsement waiving right of recovery against City of Dubuque,
Iowa.
AUTOMOBILE LIABILITY:
Bodily injury and property damage limit of liability: $ 1,000,000
COMMERCIAL GARAGE LIABILITY:
General Aggregate Limit $
Products-Completed Operation Aggregate Limit $
Personal and Advertising Injury Limit $
Each Occurrence Limit $
Fire Damage Limit (any one occurrence) $
Medical Payments $
2,000,000
1,000,000
1,000,000
1,000,000
50,000
5.000
Commercial garage liability shall be written on an occurrence form, not a claims made
form. Coverage to include premises-operations-products-completed operations,
independent contractors coverage, contractual liability, broad form property damage, and
personal injury.
GARAGE KEEPERS LIABILITY:
Comprehensive
Collision
$ 100,000
CITY OF DUBUQUE, IOWa
GOVERNMENTAL IMMUNITI ES ENDORSEMENT
Nonwaiver of Governmental Immunity. The insurance cerner 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.
Claims Coverage. The insurance cerner 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.
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.
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.
POLICY NUMBER COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person Or Organization:
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.
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule as an ~nsured but only with respect to liability arising
out of your operations or premises owned by or rented to you.
Copyright. Insurance Services Office. Inc. 1994 CG 20 26 11 85
MEMORANDUM
August29,2003
TO:
FROM:
Klm Wadding, Police Chief
Laura Carstens, Planning Services Manager
SUBJECT: Correspondence regarding Towing Contract
At your request, I have reviewed the letter dated August 22, 2003 from Stephen Juergens,
attorney for Wenzel Towing, regarding the towing contract award pending before the City
Council.
Butt Steve & Son Garage is a lawful non-conforming use in an R-1 Single Family Residential
District, and so is ~grandfathered" under the City's Zoning Ordinance. Mr. Juergens has referred
to the appropriate sections of the Zoning Ordinance relative to non-conformities. I would agree
with him that any enlargement, increase or extension of the use is prohibited at this location
under its present R-1 zoning classification.
Burr Steve & Son Garage would be allowed to install a fence around the vehicle storage area
under the zoning regulations. The installation of a fence around the existing vehicle storage
area is not an expansion of+he use, because it does not involve a greater area of land than is
presanfly used.
Please contact me if you require additional information or have any questions.
cc ./~ichael Van Milligen, City Manager
Lay, Offices Of'
lCUERSTE~ CAREW~ COYLE, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST BTH STREET
DUBUQUE. IOWA 52001-6832
WILLIAM C. FUERSTE
ALLAN J CAREW
MICH^EL J COYLE
STEPHEN J. JUERGENS
August 22. 2003
'563~ 5564011
TELECOPIER:
(5631556-7~ 34
maihb~fccls con:
WRITER'S DIRL'£W
E-MAIL ADDRESS
si u cr eon suhllzcis.com
Chief Klm Wadding
City of Dubuque Police Department
Dubuque Law Enforcement Center
Dubuque. IA 52001
Re: City Towing Contract
Dear Chief Wadding:
As you know, we represent Wenzel Towing of Dubuque.
You and the City Manager previously recommended to the Council that Wenzel
Towing be awarded the next City Towing, Contract. At a recent City Council meeting, the
Council directed you to look into the possibility of splitting the City of Dubuque Towing
Contract into two (2) contracts.
The only other towing service which responded to the City's request for proposals
was Burl Steve & Son Garage. 3366 Crescent Ridge, Dubuque, lowa. According to the
City's Zoning Office. the Steve property on Crescent Ridge is a non-conforming use
under the City's Zoning Ordinance.
Under Section 4-6.2(C) of the Zoning Ordinance. a lawful non-conforming use
may not be enlarged, increased, or extended so that a ereater area of land is occupied than
was occupied at the time of the adoption of the Zoning Ordinance. No additional
structures or additions to structures existing at the time of the adoption of the Ordinance
ma3 be constructed on the same zoning lot. Further. the lawful non-conforming use may
not be moved or re-located in whole or in part to any other portion of the zoning tot on
which it is located than that portion occupied at the time of the adoption of the Ordinance.
Finally, if any lawful non-conforming use ceases for any reason for a period of more than
ninety (90) consecutive days, any subsequent use of the land must conform with the terms
of the Zoning Ordinance.
FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C.
Chief Kim Wadding
Page 2
August 22. 2003
Under Section 4-6.6, where non-conforming status applies to a use and structure
in combination, the removal or destruction of the structure by more than seventy-five
percent (75%) of its replacement cost at the time of destruction prohibits the re-
establishment of non-conforming use ~n any case. except for certain residential
structures.
It seems odd to our client that the City would consider entering into a lon~-term
contract with a towing company that cannot expand or rebuild at its current location.
Mr. Wenzel requests that you notify the City Council of the non-conforming
status of Steve's current use. Mr. Wenzel wi-ll contact you directly regarding the other
issues raised by the City Council.
Very truly yours.
FUERSTE. CAREW. COYLE.
JUERGENS & SUDMEIER. P.C.
SJJ:kad BY:
STEPHEN J. JUERGENS