Police Towing Contract VehicleMEMORANDUM
November 10, 2003
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Towing Contract - Adoption of Request for Proposals
Since 1991, the Dubuque Police Department has contracted its towing service through
the use of a RFP (Request for Proposal) process. Each contract has been three years
with an optional three-year renewal upon agreement allowing for renegotiation of rates
each year by the involved parties. On August 4, 2003, the towing contract was
presented to the City Council. Two towing companies submitted proposals: Wenzel's
Towing and Burr Steve and Son Garage. Of the two, Wenzel's Towing was initially
recommended for approval. After City Council discussion, the award decision was
tabled asking staff to revisit the process and review the contract requirements.
A comprehensive review of the towing contract has been completed. To highlight the
changes and ensure understanding of the contract requirements, a contract checklist
has been developed as an additional document requiring each bidder to check off their
understanding and ensure they meet the contract requirements prior to submission.
On October 15, 2003, letters were sent to all local listed towing vendors to solicit
comments or suggestions regarding the updated contract. Included with the letter were
four attachments: the proposed 2003-2006 contract, the 2003-2006 contract checklist,
a memorandum highlighting the contract differences, and a copy of the 2000-2003
contract. The comments were due by Friday, October 24, 2003. Very few comments
were received.
Chief of Police Klm Wadding is recommending City Council approval of the City of
Dubuque Towing Checklist and City of Dubuque Towing contract for use in seeking
proposals for the 2003-2006 City of Dubuque Towing Contract.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Ken TeKippe, Finance Director
Kim B. Wadding, Chief of Police
THE CITY OF ~ ~....~ '~
MEMORANDUM
Date: November 10, 2003
To: Michael C. Van Milligen
City Manager
From: Klm B. Wadding~¢.~
Police Chief ' ·
Re:
Towing Contract - Adoption of Request for Proposals
INTRODUCTION
The purpose of this memorandum is to recommend the attached instruments for
Request for Proposals (RFP) regarding the City of Dubuque towing contract for 2003
through 2006.
BACKGROUND
Since 1991, the Dubuque Police Department has contracted its towing service through
the use of a RFP (Request For Proposal) process. Each contract has been three years
wit~ an optional three-year renewal upon agreement allowing for renegotiation of rates
each year by the involved parties. On August 4, 2003 the towing contract was preEented
to the City Council. Two towing companies submitted proposals: Wenzel's Towing and
Burt Steve and Son Garage. Of the two, Wenzel's Towing was initially recommended
for approval. After City Council discussion, the award decision was tabled asking staff to
revisit the process and review the contract requirements.
DISCUSSION
A comprehensive review of the towing contract has been completed. To highlight the
changes and ensure understanding of the contract requirements a contract checklist
has been developed as an additional document requiring each bidder to check off their
understanding and ensure they meet the contract requirements pdor to submission.
On October 15. 2003, letters were sent to all local listed towing vendors to solicit
comments or suggestions regarding the updated contract. Included with the letter were
four attachments: the proposed 2003-2006 contract, the 2003-2006 contract checklist.
a memorandum highlighting the contract differences, and a copy of the 2000-2003
contract. The comments were due by Friday, October 24, 2003.
Listed below are the comments and suggestions provided by two of the vendors, Mane
Steve from B. urt Steve and Son Towing and Jutes Wenzel from Wenzel's Towing.
V.,endor I Vendor Suggestion =olice Review and Recommendation of the
~ and/or Comment Su~lesfion and/or Comment
Wenzel's Towing Change minimum number Recommend the minimum number of vehicles remain
of vehictes from 85 to 80- at 85. Under contract section (4)(a) Facilities, "It is
100 veh cles understood the Contractor shall have or will acquire
any additional storage areas needed to store any and
all vehicles requested by the City~. Our research result
indicates 85 is the appropriate minimum.
Wenzel's Towing Altow contract to be Recommend the contract be reissued after three years.
renewed for an additional With the changes recommended, three years would
three years after the initiat give an appropriate amount of time to assess the
three years has expired requirements and make any adjustments.
Wenzel's Towing Add barbed wire topping to Recommend eight foot fencing only. Barbed wire
eight foot fencing topping does allow additional security and could be
requirement for outside added later if necessary based upon storage location
storage and incident history. The recommendation currently
requires the addition of outside lighting and alarms.
Bur[ Steve and Notice to persons towed Recommend additional signage be posted
Son Towing who may have a complaint, conspicuously stating "Persons having a concern or
concern or question complaint regarding a police authorized tow are asked
regarding their tow. to call the Dubuque Police Department 589-4410." As
noted in section 10, POSTING AND PROVIDING OF
CHARGES.
RECOMMENDATION
After careful consideration and review, we recommend the use of the attached City of
Dubuque Towing Contract and accompanying Towing Contract Checklist to seek
proposals for the 2003-2006 City of Dubuque Towing Contract.
ACTION REQUESTED
We request City Council approval of the attached City of Dubuque Towing Checklist and
City of Dubuque Towing contract for use to seek proposals for the 2003-2006 City of
Dubuque Towing Contract.
Attachment
Cc: ,,~ndy Steinhauser, Assistant City Manager
Barry Lindahl, Corporation Attorney
Ken TeKippe, Finance
Terry Tobin, Assistant Police Chief
THE C1TY OF ~
DATE: November 11, 2003
TO: Michael C. Van Milligen
City Manager
FROM: Klm B. Waddin.o~-~_ -)
Police Chief-~"~--~ ~ -
RE: Towing Contract - Outline of Changes
The following are updates to the City of Dubuque Towing Contract in comparison to
those of the current contract.
City of Dubuque Towing Contract Specirmations
Competency of Contractors
Item #5
An Award Committee will be
established to review ali the
proposals, facilities, equipment,
etc. prior to the award. Scoring
categories listed with total
possible points -100.
COmpetency of Contractors
Item #11
At the conclusion of the third year;
the City of Dubuque Police
Department and the contractor will
have the option of extending the
contract for an additional three
rears.
Technical Standards
Insurance and Amounts
Item #1
Schedule Attached
Competency of Contractors
Item ~
Competency of Contractors
Item #5
An Award Committee wilt be
established to review all the
proposals facilities, equ~pmem.
etc. prior to the award. Scoring
categories listed, without
itemization of total possible
points.
Competency of COntractors
Item #11
An Award Committee will be
established to review alt the
proposals, facilities, equipment
etc. pdor to the award. Scoring
categories listed with total
possible points -50.
CompetenCy Of ContraetorS ~
Item #11 ~
SAME AS ORiGiNAL
Eliminated
NOTE: Contract expires after
three years.
Technical Standards
Insurance and Amounts
Item #1
Technical Standards
Insurance and Amounts
Item #1
Changed to Attachments
A, B, C, and D
Same as August 4
Technical Standards Technical Standards Technical Standards
Facilities Facilities Facilities
Item #4 Item ~,4 Item #4
Short term and Long-term SAME AS ORIGINAL Short term and Long-term
storage for 65 vehicles, storage for 66 85 vehicles.
OUTSIDE storage no less SAME AS ORIGINAL b. The contractoCs OUTSIDE
than 50 vehicles, compound storage area shall be
for not less than ~ 60_ vehk~les,
b. INSIDE and OUTSIDE
storaqe may be located on or off
premise from the main business
address.
Att OUTSIDE storage facilities SAME AS ORIGINAL b. (1) On and off premise sites
shall be enclosed with a solid wall shall be enclosed and iockable
or a substantial wire fence not with a solid wall or a substantial
tess than six (6) feet in height, wire fence not less than =!× (~)
eiqht (8) feet in height.
Requirements of fencing shatl be SAME AS ORIGINAL The solid wail or fencinq must be
fulffiled before award of the ~n place within 30 days from the
contract --. date of the contract award.
b, (2) OUTSIDE storaqe off
~remise site (s) will have security
liqhfinq and be alarmed,
b. (3) OUTSIDE vehicle storaqe
~rea will be located on hard
surface, minimum beinq packed
qravel.
Contractor must have INSIDE SAME AS ORIGINAL c. The contractor's INSIDE
storage capacity to store not less compound storaqe area shall be
than 15 vehicles, for not less than ~ 25 vehicles.
c. (1) INSIDE storaqe on and off
3remise site(s) shall be fully
enclesed, Iockable and secured1
off-site premise(s) will have
security [iqhtinq and be alarmed.
c. (2) An area of INSIDE storaqe
will be heated, ventilated and
have sufficient liqhtinq for
evidence collection and
processin,q for five stored
vehicles.
c. (3) INSIDE storaqe will have
hard surface floodnq, similar in
desiqn to asphalt or cement.
q. In the event supp emental
storaqe space is needed, the
Contractor will seek approval of
the site prior to its use. The
standards will meet or exceed
those described for inside and
outside storaqe.
- Technical Standards Technical Standards Technical Standards
PostingAnd Providing of Posting And Providing of Posting And Providing of
Charges Charges Charges
' : tem.~lO Item #10 Item glO
The Contractor has provided the SAME AS ORIGINAL. The Contractor has provided the
City with a rate sheet attached City with a rate sheet attached
hereto listing all current rates hereto listing all current rates and
and fees for services provided by fees for services provided by the
the Contractor. The rate sheet Contractor. The rate sheet shatl
shall also be posted also be posted conspicuously in
conspicuously in the principle the principle place of business of
~lace of business of the the Contractor and shall be clearly
Contractor and shall be clearly visible to the general publ!c.
visible to the general public. Additionally, siqnaqe will be
conspicuously posted statinq
"Persons havinq a concern or
complaint reqardinq a police
authorized tow are asked to call
the Dubuque Potice Department
a. Rates and fees on the SAME AS ORIGINAL SAME AS ORIGINAL
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.
Technical Standards Technical Standards Technical Standards
,:, - SerVice. ~ * Service, Service
item ~18 Item` #18 Item #1'8
Should Contractor receive a call SAME AS ORIGINAL Shcu!d Ccnt~ct~r
beyond Contractor's "immediate ~, .............................
capacity" to handle, Contractor
may call another quafified Contractor may cati another
operator, hereinafter considered qualified operator, hereinafter
a subcontractor, to supplement considered a subcontractor, to
service in towing only. supplement service in towing only.
defined as circumstances __ .-_ '-
multiple accident scenes, above ~.,,,,;.,~ .... ;,~,, ....... ~, ....
weather conditions, and/or when .....
City of Dubuque.
Technical Standards Technical Standards Technical Standards
Service · Service Service
Item fY25 Item#25 Item #25
The general specifications and SAME AS ORIGINAL The general specifications and
the Contractor's bid, attached the Contractor's bid, attached
hereto, are incorporated herein hereto, are incorporated herein by
by reference, 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)
toqether in one SEALED
ENVE. LOPE.
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 reiected and the
SEALED ENVELOPE remains
unopened.
Cc~
'~<~ndy Steinhauser. Assistant City Manager
Barry Lindahl, Corporation Attorney
Ken TeKippe, Finance
Terry Tobin. Assistant Police Chief
4
CITY,DE. DUBUQUE
TowiNG CaNTRACT
CONTRACTOR'S CHECKLIST
In responding to the following requirements, please use the Yes/No columns This will
allow fair comparisons and evaluations of all bids. The list following each category
heading should not be construed as all-inclusive. Failure to respond to any question may
adversely affect the evaluation of your proposal. Thank you in advance for your
cooperation.
RESPONSE'
YES
NO
DEFINITION
Requirements are met and/or understood and are part of the bid
submission where specified.
Requirements are not met. Based upon bid specifications, the bid
item is not met.
Proposals will be considered only from firms regularly engaged in the towing business and
who can produce evidence that they have an established, '§atisfactory 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 welt-established business as determined by the City of Dubuque. The term
of the contract will be three (3) years.
COMPETENCY OF CONTRACTORS
CONTRACT SPECIFICATIONS
i _ Please check YESor NO where indicated
YES NO 1. The contractor must have all necessary State licenses and permits as may
I-I [--I be required to perform the services set forth herein.
YES NO 2. The contractor must submit the names and addresses of all persons who
I'-I I-I have a financial interest in the business, including, but not limited to, individual
owners, partners, limited partners, officers, directors, and stockholders.
YES NO 3. The contractor must be familiar with all laws, ordinances, rules and
r-I r-I 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.
YES NO 44 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.
YES NO Sa. Technical capability of the contractor to accomplish the scope of the work
[-I [-I required in the Request for Proposal. This includes holding all proper
licen§es, 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.
YES NO 5b. Demonstrated availability of the necessary personnel (both supervisory
r-I i-I and operational personnel), facilities and necessary equipment to accomplish
the scope of work in the Request for Proposal.
YES NO 5c. Financial _capability of the contractor to perform in accordance with the
{~ [] proposal.,requ.ir.,e.,me, nts, evi,de, nc.,e by th.e fin. anci.al p. ositio~n, and. resources that
t assures the ability to complete the contract and prices offered.
YES NO 6. The Contractor must submit to the City in as much detail as is deemed
[~ [-I 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.
[] [] a. The statement of qualification must be submitted with this proposal form.
YES NO 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 pedod, the City of Dubuque
reserves the right to inspect, during normal business, the facilities and all
records that are related to the contract.
YES NO 8. The City of Dubuque reserves the right to reject any and all proposals for
[] [] any reason it determines appropriate.
YES NO 9. The proposed form of contract may be amended by the City as it deems to
[] [] be in the best interest of the City.
YES NO 10. Once the City determines the successful bidder, the City reserves the right
[] [] to negotiate the terms and conditions of the s~.eciflc proposal to reach a final
contract.
TECHNICAL STANDARDS
YES NO The Contractor, performing as an independent contractor hereunder, shall be
fully responsible for meeting the following technical standards:-
[] [~ 1. INSURANCE ANDAMOUNTS
(SEE INSURANCE ATTACHMENTS A, B, C AND D)
[] [] , 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.
YES NO 3. EQUIPMENT
The following minimum equipment shall be maintained:
[] [] a. Three (3) Class A wreckers of 4-ton capacity with truck GVW of 10,000
lbs., 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. GVW;
[] [] c. One (1) car carrier with a minimum capacity of 10,000 GVW (Note: May
be included as part of A total);
F-I I-I d. One (1) set of motorcycle carrying straps for each Class A Wrecker.
e. The Contractor shall have available at all times sufficient equipment to
[-I [~ 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 communication with a range
extending to the Dubuque city limits. Radios shall not be tuned to any police
frequency.
[-I [~ f. The Contiactor agrees that sufficient operable towing vehicles and
)ersonnel will be available to adequately service the special towing needs of
Ithe City occasioned by special events requiring towing, including but not
limited to, declared emergencies or construction projects, as determined by
the Chief of P01ib. e 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 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.
YES NO 4. FACILITIES
[] I-'1The 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 85 vehicles. The facility shall be
accessible between 8 A.M. to 8 P.M., seven days per week. 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
[-I [] 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.
[] F-I b. The Contractor's OUTSIDE compound storage area shall be for not less
than 60 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:
[-I [-I 1) On and off premise sites shall be enclosed and Iockable with a
solid wall or a substantial wire fence not tess than eight (8) feet
in height. The solid wall or fencing must be in place within 30
r-I [-I days from the date of the contract award.
/ 2) Off premise site(s) will have security lighting and be alarmed.
3) Vehicle storage area will be located on hard surface, minimum
3
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.
I-I [] 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.
I-I [] c. The Contractor's INSIDE compound storage area shall be for not less than
25 vehicles (meeting all required specifications as out!ined 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, Iockable and
secured. Off site premise(s) will have security lighting and be
alarmed.
[] [] 2) An area of inside storage will be heated, ventilated and have
sufficient lighting for evidence collection and processing for five
stored vehicles
[~l [] 3) Hard surface flooring, similar to .asphalt or cement.
[] [] 4) Vehicles stored in any enclosed ~rea shall be stored under lock
and key. The Contractor shall protect alt stored vehicles and
any evidence of personal property contained therein from theft
and damage in accordance with all reasonable Police
Department instructions and directives.
[] j~ d, Vehicles identified for "HOLD" by the Police Department shall be stored at
such facility for whatever pedod 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 shall remedy the same within five (5)
days of receipt o_f 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 stbrage space is needed, the Contractor will
seek approval of the site prior to its use. The standards will meet or exceed
those described for inside and outside storage.
YES NO 5. PERSONNEL
[] [-I The Contractor shall have available sufficient qualified personnel for the
operation of the required wreckers as specified. Each driver shall have a
current valid drivers license appropriate for the vehicle being operated, and be
valid to drive in the State of Iowa. The Contractor agrees that the owners of
the company or the officers of the company, if a corporation, shall be
responsible for the acts of their employees while on duty.
4
[] r-I a. 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, clean, uniformed, courteous and competent in operating skills in
all procedures.
YES NO 6. RESPONSE TIME
I-I r-I 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 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.
YES NO 7. SERVICE CALL CANCELLATION
[-I [] In the event the Contractor responds to a request from the City to tow a
vehicle, and upon arriving at the location of the vehicle a tow is not necessary,
the Contractor may charge the owner/operator of the vehicle a "show up" fee,
as listed on the attached rate sheet. The City_,,may cancel a tow call prior to
the arrival of the tow equipment without requiring payment of a "show up" fee
to the Contractor by the owner/operator, unless the Contractor was requested
between 6:00 P.M. and 6:00 A.M. during which time the Contractor may
- collect a "show up fee" provided the Contractor's driver has left the driver's
residence and/or place of business. However, if the City or owner/operator
has cancelled the tow prior to the Contractor's driver leaving the driver's
residence or place of business, the Contractor shall not collect a "show up
fee."
YES NO 8. PERSONAL PROPERTY IDENTIFICATION AND LOSS
[-I [-I 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.
YES NO 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.
YES NO 10. POSTING AND PROVIDING OF CHARGES
[] [] The Contractor has provided the City with a rate sheet listing all current rates
and fees for services provided by the Contractor. The rate sheet shall also be
posted conspicbously in the principle place of business of the Contractor and.
shall be clearly visible to the general public.
[~l [] Additionally, signage will be conspicuously posted stating "Persons having a
concern or complaint regarding a police authorized tow are asked to calt the
Dubuque Police Department 589-4410".
[] [] a. 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.
5
YES NO 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 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.
I-'l [] a. 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.
YES NO 12. COMPENSATION
r-I I--I 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."
YES NO 13.1MPOUNDED VEHICLES
[] I-'1 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.
YES NO 14. NOTIFICATION
[] F"I 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. -
I--I r-I a. tf 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.
YES NO 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 t~ie
time of release, the Contractor shall pr6vide the owner with a receipt,
itemizing towing and storage costs. All discrepancies and settlements are the
responsibility of the owner and the Contractor.
YES NO 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 disposal of abandoned automobiles will occur at least
monthly. The procedure for disposal shall be conducted in the following
manner:
[] [~ a. 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 bids from local
demolishers. Upon receipt of bids and determination of highest
bidder, the City shall issue demolition title and cotlect payment
6
for vehicles from the demolisher.
I-I O ' (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.
O [~ (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 return the form to the City for approval and submission to
the Iowa Department of Transportation.
B. Disposal by Public Auction ....
I-I ~ (1) Public Auction of abandoned vehicles shall be held at the
Contractor's place of business.
I~ [-I (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_!.ess.
I-I ~ (3) The Dubuque Police Department shall be present at any such
· auction and shall issue titles for vehicles sold. The Police
Department shall also collect the proceeds from the sale of
vehicles.
I-I ~ (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. -
[-I ~ (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.
I-I {~ b. 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 9f towing, storage, or any
other fees submitted by the Contractor.
YES NO 17. NON-EXCLUSIVENESS OF SERVICES
[-I F-I 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.
YFE_is NO 18. SERVICE
~ The Contractor shall furnish towing service for the removal of vehicles as
7
defined in this specif'm, ation and/or storage space for vehicles when required
by the City of Dubuque whenever such services are dispatched or required by
ttle 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.
r-I [] a. 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,
3ersonnel, and insurance, etc.
YES NO 19. CLEANUP
F-I F'I The Contractor, when towing vehicle(s) from the scene of an accident, shall
be responsible for removing from the street ail broken glass and other matter
that may be in the street as a result of the accident.
YES NO 20. OTHER INTERESTS
[] r-I The Contractor shall not, in the performance of the Contract, favor any
automobile or truck body shop, paint shop, salvage or recycling business.
The Contractor hereby represents that it has ~.o connection, association,
affiliation or financial interest in any automobile or truck bgdy shop, paint
shop, salvage or recycling business. If the Contractor acquires any financial
interest in such a business after the Contract has been awarded, the
Contractor 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.
YES NO 21. COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS
[~ {~ The Contractor shall comply with all applicable local, state, and federal laws.
YES NO 22. NON-ASSIGNABILITY AND SHAREHOLDERS
[-I [] The Contract shall not be assignable.
YES NO 23. NONDISCRIMINATION
Contractor shall not:
1-1 F-I 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, nafional 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. -
YES NO 24. ADDITIONAL CONTRACTOR RESPONSIBILITY
I-I [] Any related costs for towing and storage not specifically described in these
specifications shall be the responsibility of the Contractor.
YES NO 25. SPECIFICATIONS AND BID
, The general specifications and the Contractor's bid will be incorporated into
the contract 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.
[] [-I a) PROPOSED RATES and CHARGES submitted in
SEALED ENVELOPE are opened only after the Citv has
8
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.
YES NO 26. TERMINATION
CI [~ 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. ~-
Date: / I *
Company:
Signature:
Telephone:
9
GENERAL SPECIFICATIONS
FOR
VEH!C~i TOWING SERVICE CONTACT
SCOPE:
The City of Dubuque, Iowa. requests proposals for a contract for towing and storage of
vehicles impounded pursuant to section 32-406 of 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 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:
The contractor must have all necessary State licenses and permits as may be
require_d 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 any such laws, ordinances, rules or regulations will in no way relieve the
contractor of responsibility.
.o
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
contra&ts with other entities similar in the requirements to the City of Dubuque.
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' ~~O~i. 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.
Technical Capabilities
20 Possible Points
Contract History 1 2 3 4 5 Past Performance I 2 3 4 5
References 1 2 3 4 5 31eteness of 1 2 3 4 5
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.
~[ Demonstrated Availability
~ 20 Possible Points
~AI Amount & Type of Equipment I 12345 C Lot Location & Facilities 12345
~BIPersonnel I 12345 D Lot Capac ty and Potential 12345
Financial capability of the contractor to perform in accordance with the proposal
requirements, evidence by the financial position and resources that essu res the
ability to complete the contract and prices offered.
Financial Capabilities
10 Possible Points
A ] Pdce Quotation
t 12345 I t B I =inancialStability ] 12345 I
Scoring: 50 TOTAL Points
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.
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, the facilities ano all records that are related to the contract.
2
8. The City of Dubuque reserves the right to reject any and all proposa{s 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.
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, C, AND D)
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 aga nst the City. arisin9'out.ef+~r 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 ~ncurred by the City by reason of the
Contractor's failure to obtain any permit and license under, or failure to corn ply with
any applicable laws, ordinances or regulations. - .._
3, EQUIPMENT:
The following mintmum equipment shall be maintained:
a. Three (3) Class A wreckers of 4-ton capacity with truck GVW 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 a~r supply and must have a minimum of 25.000 lb. GVW;
c. One (1) car carrier with a minimum capacity of 10,000 GVW (Note: May be
included as part of A total);
d One (1) set of motorcycle carrying straps for each Class A Wrecker.
e, The Contractor shall have available at all times sufficient equipment to perform all
services required on a timely and responsible basis. All equipment must be owned or
3
exclusively lease8 by.the Contractor. All equipment must be modem, commercially ~-
manufactured and in good mechanical condition and shall be subject to.inspection at ail
times during the term of the Contract. No vehicle of the Conti-actor shall be used as an
emergency vehicle. The Contractor agrees tc 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 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. Alt Class A wreckers
shall have dollies, brooms, shovels, and fire extinguishers. The Contractor shall comply
with all laws, rules, and regulations of any governmental a.gency 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 storagefacility within the,,Dubuque city
limits, which storage area shall include reasonably secured short termar~d long term
storage for 85 vehicles. The facility shall be accessible between 8 A.M. to 8 P.M., seven
days per week. The facility shall comply with all appli~cable 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 60
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)
2)
3)
On and off premise sites shall be enclosed and Iockable 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.
Off premise site(s) wilt have security lighting and be alarmed.
Vehicle storage area will be located on hard surface, minimum being packed
gravel.
4
4)
5)
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.
Vehicles stored in any enclosed area shall be stored under l,~ck and key.
The Contractor shall protect all stored vehicles and any evidence oTpersonal
property containea therein from theft and damage in accor, dance with all
reasonable Police Department instructions and directives.
c. The Contractor's INSIDE compound storage area shall be for not less than 25
vehicles (meeting all required specifications as outlined herein). Inside storage may be
located on or off premise from the main business address. Inside storage..?hall contain
the following features:
1)
2)
3)
4)
On and off premise sites shall be fully enclosed, leckabte and secured. Off
site premise(s) will have security lighting and be alarmed.
An area of inside storage will be heated, vbntilated and have ~U~f'~ent
lighting for evidence collection and processing for five stored vehicles.
Hard surface floodng, similar to asphalt or cement.
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 pedod of time necessary in order to propedy 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 wdting, 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 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 will seek
approval of the site pdor to its use. The standards will meet or exceed those described for
inside and outside storage.
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 drive in the State of Iowa. The
Contractor agrees that the owners of the company or the officers of the company, if a
corporation, shall be responsible for the acts of their employees whi~e on duty.
5
a. 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 ~qeat, 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 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 specified time, the City
shall have the right to make other arrangements for the call. If the Contractor repeatedly
fails to furnish wrecker services as specified herein, the City may terminate the Contract.
7. SERVICE CALL CANCELLATION:
In the event the Contractor~responds to a request from the.,City to tow a vehicle, and upon
arriving at the location of the vehicle a tow is not necessary, the Contractor may charge
the owner/operator of the vehicle a "show up" fee, as listed on the attached rate sheet.
The City may cancel a tow call prior to the arrival of the tow equipment without requiring
payment of a "show up" fee to the Contractor by the owner/operator, unless the Contractor
was requested between 6:00 P.M. and 6:00 A.M. during which time the Contractor may
collect a "show up fee" provided the Contractor's (~ river has left the d river's residence
and/or place of business. However, if the City or owner/operator has cancelled the tow
prior to the Contractor's e river 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 re(:uested 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
clearly visible to the general public. Additionally, signage will be conspicuously posted
6
stating "Persons having a concern or complaint regarding a police authorized tow are
asked to call the Dubuque Police Department 589-4410".
a: 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 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.
a 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 pdvate 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.
'!3. IMPOUNDED VEHICLES:
If any owner or person entitled to possession of an impounded vehicle seeks to reclaim
the same from the Contractor, the Contractor shall provide such owner or such person
lawfully entitled to possession with an itemized statement of all charges relating to the
impounding of such vehicle.
'14. NOTIFICATION:
The City shall notify, by certified mail. within twenty (20) days of the date of taking an
abandoned vehicle into custody, the last known registered owner and any known lien
holder at the last known address that an abandoned vehicle has been taken into custody.
a. If the identity of the last registered owner cannot be determined or if the registration
c~ntains no address for the owner, the City shall provide notice by_ one (1) publication in a
r~ewspaper published in Dubuque County, Iowa.
15. RELEASE OF VEHICLES AND PERSONAL PROPERTY:
7
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 sh'all 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:
a. 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 bids from local demolishers. Upon
receipt of bids and determination of highest bidder, the City shall issue
demolition title and collect payment for vehic!.es 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 return 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 pdce or ten dollars per vehicle,
whichever is less.
(3)
Thee Dubuque Police Department shall be present at any such auction and
shall issue titles for vehicles sold. The Police Department shall also collect
the proceeds from the sale of vehicles.
(4)
Upon completion of auction, the Contractor shall complete Iowa Department
of Transportation form 41109Q 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
8
Department for payment of towing, storage, and auction fees to the
Contractor for the vehicles listed on form 411090.
b. 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 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 m 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
'~he 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.
a. The Contractor may call another qualified operator, hereinafter considered a
subcontractor, to supplement service in towing only. It shall be the responsibility of the
Contractor to employ only subcontractors who meet the same required criteria as
Contractor. including, but not limited to equipment, personnel, and insurance, etc.
19. CLEAN UP:
The Contractor, when towing vehicle(s) from the scene of an accident, shall be
responsible for removing from the street all broken glass and other matter that may be in
the street as a result of the accident.
20. OTHER INTERESTS:
The Contractor shall not, in the performance of the Contract. favor any automobile or truck
body shop, paint shop, salvage or recycling business. The Contractor hereby represents
that it has no connection, association, affiliation or financial interest in any automobile or
truck body shop, paint shop, salvage or recycling business. If the Contractor acquires any
financial interest in such a bus~ness 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.
9
22. NON-ASSIGNABILITY AND SHAREHOLDERS:
The Contract sh~l notbe assu:jnable:
23. NONDISCRIMINATION
Contractor shall not:
Discharge from employment or refuse to hire any individual because of race, color,
religion, national origin, sex. age, marital status, or disability.
Discriminate against any 'individual in terms, conditions, or privileges of
employment because of race, color, religion, national origin, sex, age, marital
status, or disability.
24.
Discriminate against any individual in delivery or service because of race, color,
religion, national origin, sex, age, marital status, or disability.
ADDITIONAL CONTRACTOR RESPONSIBILITYi '
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 ~ncorporated
herein by reference. Bid submission REQUIRES:
1)
2)
Contractor completes Contractor's Checklist verifying all contract
specifications are met.
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.
n the event the Contractor fails tc cure such deficiency within such time, the Contract
shall stand terminated.
10
CONTRACTOR TO COMPLETE ALL BLANKS:
A. Office, Business Facility and Main
Location:
(1)
(2)
C. 'Do you have any association, connection, affiliation, or financial interest
- inan automobile ortruck body shop, paintshop, salvage, or recycling
business? (See Technical Specification)
YES [] NO []
If yes:
1) Name and Address of Shop:
Nature of Association:
2) Name and Address of Shop:
Nature of Association:
Type of Business Ownership:
Sole Proprietorship r~
Partnership []
Sub S Corporation Q
Regular Corporation [3
11
List all owners (See Competency of Contractors):
1)
2)
3)
(See Techni~cat
YES [] NO [~
Certificate of Insurance will be required at the beginning ~ the contract and each
anniversary thereafter.
1) Company/City:
Manager/Contact:
2) Company/City:
ManagedCo?tact:
3) Company/City:
Manager/Contact:
12
G.- LiSt equipment (Type, Year, Make, Serial No., License Number) that you will
make available to perform this Contract, if awarded. (See Technical
Specification)
# Class Year I Type of Vehicle Serial Number License Number
1
2
3
4
5
6
7
8
9
10
12
13
13
Contractor)
Attach additional sheets as necessary
14
ATTENTION: SUBMIT SEPARATELY WITH GROUP II PRICING
IN SEALED ENVELOPE
!. PROPOSED RATES AND CHARGES
GROUPI
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 specific number of
tows or other service that will occur during the life of this Contract.
GROUP I.
Rates for Group I apply to those vehicles that are NOT owned by the City, but
for which service is performed as a result of a call from a Dubuque City Police
Officer. Group I will not apply to City owned or leased vehicles that are
included in Group I1.
GROUP I. Class A
SERVICE TYPE II HOURS Fi PRICE
Standard Tow From to $
Night Tow From to $
Dolly Fee $
Winching (1st half hour) $
Winching (After 1st half hour) $
Standby Time (1st half hour) $
Standby Time (After 1st half hour) $
Mileage Outside City Limits $
Show Up Fee $
Go Jacks $
GROUP I. Class C: Towing and/or Recovery
SERVICE TYPE ~ PRICE
F rst Hour (per unit) $
After First Hour (per unit) $
GROUP I. STORAGE
Trucks, tractors, busses
SERVICE TYPE
Outside storage)
Inside storage - by owner request)
Truck tractor trailers
After hours release charge (if any)
PRICE
15
ATTENTION: SUBMIT SEPARATELY WITH GROUP I PRICING
IN SEALED ENVELOPE
J. PROPOSED RATES AND CHARGES
GROUP ii
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 specific number of
tows or other service that will occur during the life of this Contrac£
GROUP I1: 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.
f' SE.WCE Il HOURS It PmCE I
Standard Tow From to $
Night Tow From to $
Dolly Fee $
Winching (1st half hour) $
Winching (After 1st half hour) $
Standby Time (1st half hour) $
Standby Time (After 1st half hour) $
Mileage Outside City Limits $
Show Up Fee $
Go Jacks $
GROUP II. Class C: Towing and/or Recovery
SERV,CEWPE II P.,CE
First Hour (per unit) $
$
After First Hour (per unit)
16
INSURANCE SCHEDULE
Attachment A I
All policies of insurance required hereunder shall be with an insurer authorized to
do business in Iowa. All insurers shall have a rating of A or better in the current
A.M. Best Rating Guide.
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 in the
policy. The Contractor shall also be required to provide Certificates of Insurance of
all subcontractors, and all subcontractors who perform work or services pursuant to
the provisions of this contract. Said certificates shal.! .meet the same insurance
requirements as are required of the Contractor.
Each Certificate of Insurance shall be submitted to the Police Department prior to
commencement of work/service.
All policies of insurance required in Paragraph 7 shall include the City of Dubuque,
Iowa under the attached Additional Insured Endorsement (CG2026) and the
attached Govemmental 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-subcontractors shall be required to
carry the following minimum insurance coverages or greater if required by law or
other legal agreement:
17
WORKERS COMPENSATION AND EMPLOYERS UABILITY ~
Attachment B ~
The limit of coverage for employer's liability shall be at least $100,000 each accident~
$100,000 each employee by disease, and $500,000 policy limit for bodily injury by
disease.
Policy shall include an endorsement waiving right of recovery against City of Dubuque,
Iowa.
AUTOMOBILE LIABILITY:
Bodily injury and prope .rty damage limit of liability: $ 1,000,000
COMMERCIAL GARAGE LIABILITY:
General Aggregate Limit $ -.,,2,000,000
Products-Completed Operation Aggregate Limit $ 1,000,000
Personal and Advertising Injury Limit $ 1,000,000
Each Occurrence Limit $ 1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
Commercial garage liability shall be written on an occurrence form, not a claims made
form. Coverage to include premises-operations-products-completed operations.
independent contractors coverage, contractual liability, broad form property damage, and
personal injury.
GARAGE KEEPERS LIABILITY:
Comprehensive
Collision
$ 100,000
18
I -- . CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Attachment C
Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque,
Iowa as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4
as it is now exists and as it may be amended from time to time.
Claims Coverage. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of Iowa Section 670~4 shall be
covered by the terms and conditions of'this insurance policy.
Assertion of Government Immunity. The City of Du_buque, 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 carder 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.
19
Attachment
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 ~ind 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 11) is amended to include as an insured the person or
organization shown in the Schedule as an insured but only with respect to liability ans~ng
out of your operations or premises owned by or rented to you.
Copyright. Insurance Services Office. inc. 1994
CG 20 26 11 85
20
ISSUING AGENCY:
CONTRACTOR:
City of Dubuque, Iowa
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 t2:01 A.M. , and subject to the
foregoing provisions herein shall continue in effect until Midnight,
IN WITNESS THEREOF the parties hereto have executed this Contract.
CONTRACTOR:
By:
Date:
CITY OF DUBUQUE:
By:
Date:
21