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PoliceTowing Contract Issuance of RFP_FY 07-09 DU~~E ~ck~ MEMORANDUM April 11, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Towing Contract: FY07-FY09 The current three-year contract for towing service expires July 1, 2006. Chief of Police Kim Wadding is recommending the issuance of a Request for Proposal for towing services. I concur with the recommendation and respectfully request Mayor and City Council approval. ~d ~:AL{ Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police ": ~B~E ~<k~ MEMORANDUM Date: April 7, 2006 To: Michael C. Van Milligen City Manager From: Kim B. Wadding 4/ ""' Police Chief I ~'J Re: Towing Contract: FY07-FY09 INTRODUCTION: The purpose of this memorandum is to begin the process of renewing the City of Dubuque's tow contract which is scheduled to expire July 1, 2006. BACKGROUND: Since 1991, the Dubuque Police Department has contracted its towing service through the use of a RFP (Request for Proposal) process. For the past 15 years, Wenzel Towing has been the selected towing service. Originally, each contract was for three years with an optional three-year renewal upon agreement by both parties allowing for renegotiation of rates each year. Beginning July 1, 2003 the three-year renewal option was eliminated. DISCUSSION: Currently, the City of Dubuque tow contract expires July 1, 2006. As part of the process to solicit for request for proposals, two documents were developed and used during the 2003 process. Our intent is to use these same documents with some updates to reflect the past three-year usage and add a third document, the specific Tow Contract containing the required signatures. Assistant Chief Terry Tobin conducted an analysis of towed vehicles over the past four years. After reviewing the usage, we are recommending slightly increasing the storage capacity. We are recommending increasing the overall storage from 85 to 90 vehicles, with outside vehicle storage of 60 (current) and inside storage increasing from 25 to 30. The general specifications for insurance requirements were reviewed by City Finance Director Ken TeKippe and Frank O'Connor of O'Connor and Associates Insurance Agency. Frank O'Connor suggested the listed changes in the insurance schedule 1 attachments. The tow contract checklist, general specifications and the tow contract has been reviewed by Barry Lindahl, Corporation Attorney. Regarding the revenue generated by the tow contract to the contractor, the following table outlines a conservative estimate based upon three components: the towing of city owned or leased vehicles (City Tow), the sale of abandoned vehicles (Abandon Vehicles), and an average of $50 per tow for those vehicles towed by police authority requiring the $20 administrative fee (street storage and those associated with police investigations: OWl, Insurance violations, Driving with a Suspended License, etc.) For estimating purposes, we calculated a one-day storage fee ($12 per vehicle) for those vehicles towed and later retrieved by the owner. I TOW TYPE II Admin Fee Vehicles" FY05 " FYOS I FY05 FY06 (through (through 3/29/0~ 3/29/06) City TowlCityowned or Ci!YIeased) $3,690 $3,881 Abandon Vehicles $66,000 $51 ,150 Average Tow Fee @ $50 per Vehicle 582.5 512 $29,125 $25,600 Estimated Storage Fee @$12 582.5 512 $6,990 $6,144 TOTAL $106,205 $86,775 During the last review process the awards committee experienced difficulty rating those facilities that did not have the required outside storage. Under the last review process, a contractor did not have to meet the outside fencing requirement until 30 days atter the contract award. In answer, we propose the addition of additional wording requiring those submitting without having the outside storage immediately available to include in their RFP proposal a site plan with a completion timetable along with documentation of who would construct the fencing and how the fencing would be constructed with the written cost estimates. This allows the awards committee some idea as to how the business will address the storage need. Listed below is a comparison between the current tow contract and the proposed changes. City of Dubuque Towing Contract Specifications Contract Comparison I Current I Proposed II FY03-FY06 FY07.FY09 Technical Standards Technical Standards I Insurance and Amounts Insurance and Amounts Item #1 Item #1 Attachment A Attachment A 4. Each Certificate of Insurance shall be 4. Each Certificate of Insurance shail be submitted to the Police Department prior submitted to the Pelice De~artA'lent City of to commencement of work/service. Dubuque Finance Director prior to commencement of work/service. 2 Attachment A Attachment A 5. All policies of insurance required in 5. All policies of insurance required in Paragraph Paragraph 7 shall include the City of 7 shall include the City of Dubuque, Iowa Dubuque, Iowa under the attached under the attached Additional Insured Additional Insured Endorsement Endorsement (CG2026) and the attached (CG2026) and the attached Governmental Governmental Immunities Endorsement (QI Immunities Endorsement. equivalents). WORKERS COMPENSATION AND (Removed Box Border and Rearranged Heading) EMPLOYERS LIABILITY Attachment B Attachment B WORKERS COMPENSATiON AND EMPLOYERS LIABILITY Technical standards Technical Standards Facilities Facilities Item #4 Item #4 The Contractor shall maintain a business and The Contractor shall maintain a business and storage storage facility within the Dubuque city limits, facility within the Dubuque city limits, which storage which storage area shall include reasonably area shall include reasonably secured short term and secured short term and long term storage for 85 iong term storage for 8a 90 vehicies. The facility vehicles. The facility shall be accessible between shall be accessibie between 8 A.M. to 8 P.M., seven 8 A.M. to 8 P.M., seven days per week. The days per week. The facility shall comply with all facility shall comply with all applicabie building applicable building and zoning regulations and be and zoning regulations and be owned or owned or exclusiveiy ieased by the Contractor. exclusiveiy ieased by the Contractor. 1) On and off premise sites shall be enclosed 1) On and off premise sites shall be enclosed and and lockabie with a solid wall or a substantiai iockabie with a solid wall or a substantial wire fence wire fence not less than eight (8) feet in height. not less than eight (8) feet in height. The solid wall or The solid wall or fencing must be in place within fencing must be in place within 30 days from the date 30 days from the date of the contract award. of the contract award. NOTE: For evaluation purposes, those Contractors submitting a RFP without having the necessary outside storage area at the time of the RFP submittal, the contractors shall complete and submit a proposed site plan for the outside storage as outlined in Attachment E. Site Plan includes written proof the property has been leased by the contractor and is properly zoned for vehicle use and storage as require in the contract general specifications. c. The Contractor's INSIDE compound c. The Contractor's INSIDE compound storage storage area shall be for not less than 25 area shall be for not less than 2a 30 vehicles vehicles (meeting all required specifications as (meeting all required specifications as outlined outlined herein). Inside storage may be located herein). Inside storage may be located on or off on or off premise from the main business premise from the main business address. Inside address. Inside storage shall contain the storage shall contain the following features: followil1fl. features: Nondiscrimination Nondiscrimination I Item #23 Item #23 a. Discharge from employment or refuse to a. Discharge from employment or refuse to hire hire any individual because of race, any individuai because of race, coior, cOior, religion, national origin, sex, age, religion, national origin, sex, age, marital marital status, or disability. status, sexual orientation, or disability. b. Discriminate against any individual in b. Discriminate against any individual in terms, terms, conditions, or privileges of conditions, or privileges of employment employment because of race, color, because of race, color, religion, national religion, national origin, sex, age, marital origin, sex, age, marital status, sexual status, or disability. orientation or disability. c. Discriminate against any c. Discriminate against any individual in 3 individual in deiivery or service because of race, color, religion, national origin, sex, age, marital status, or disability. delivery or service because of race, color, religion, national origin, sex, age, marital status, sexuai orientation or disability. The selection process consists of the submission of a Request for Proposals (RFP) coupled with a contractor's checklist. Once the RFP and checklist is submitted an awards committee reviews each submission and inspects each facility to rate the performance areas. There are 50 possible points with each performance area having a point value of five. The performance areas include: , 20 I Technical Capabilities 20 Demonstrated Availabilit 10 Financial Ca abilities 50 TOTAL POINTS PERFORMANCE AREAS Contract History (5), References (5), Past Performance (5), and Com leteness of Pro osal 5 Amount and Type of Equipment (5), Personnel (5), Lot Location and Facilities 5 ,and Lot Ca acit and Potential 5 Price Quotation 5, and Financial Stabilit 5 The last contract awards review committee consisted of the following FY03-FY06 members. Although the members have not yet been contacted this year, Lieutenant Neil Weiss has requested not to serve. In review, I would suggest Lieutenant Neil Weiss be replaced by Scott Neyens, from Fire Marshal's Office. This adds a fire prevention component adding additional value to the review process. Contact was made with Dan Brown, Fire Chief, and he has approved Scott Neyens availability. ~<t8 ,,........., _ ~ _;. o~_--...... c_----.__~ . -..-....-, - --,... - ---~~~ Plannin and Zonin Police Parkin o erations and Maintenance Finance Police Police Driscoll ,,~,<~ - ~---._--...- ~--~-- ' Plannin and Zonin Police Parkin o erations and Maintenance Finance Police Fire Marshall Tobin, Chair 4 RECOMMENDATION: With regards to the above listed changes, I would recommend their incorporation into this year's Tow Contract Request for Proposals. Additionally, I would request the selection of an awards committee consisting of the above FY07 -FY09 members. ACTION REQUESTED: To incorporate the above changes into the new Request for Proposal for FY07-FY09 and to approve the selection of the above FY07 -FY09 committee members noting the recommended changes. Cc: Barry Lindahl, Corporation Attorney Ken TeKippe, Finance Director Cindy Steinhauser, Assistant City Manager Terry Tobin, Assistant Police Chief 5 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, 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. The term of the contract will be three (3) years. COMPETENCY OF CONTRACTORS YES NO 0 0 YES NO 0 0 YES NO 0 0 YES NO 0 0 YES NO 0 0 1. The contractor must have all necessary State licenses and permits as may be required to perform the services set forth herein. 2. The contractor must submit the names and addresses of all persons who have a financial interest in the business, including, but not limited to, individual owners, artners, limited artners, officers, directors, and stockholders. 3. The contractor must be familiar with all laws, ordinances, rules and regulations that may in any way affect the work. Ignorance on the part of the contractor with respect to any such laws, ordinances, rules or regulations will in no wa relieve the contractor of res onsibilit . 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 Cit of Dubu ue. 5a. 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 understandin of the work to be done. YES NO 5b. Demonstrated availability of the necessary personnel (both supervisory o 0 and operational personnel), facilities and necessary equipment to accomplish the sco e of work in the Re uest for Pro osal. YES NO 5c. Financial capability of the contractor to perform in accordance with the o 0 proposal requirements, evidence by the financial position and resources that 1 YES NO o 0 o YES o YES o YES o YES o NO o NO o NO o o NO o assures the abilit to com lete the contract and rices 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. a. The statement of ualification must be submitted with this ro osal form. 7. The City of Dubuque shall have the right to thoroughly inspect and investigate the establishment, facilities, business reputation, quality of equipment, and other general qualifications of any Contractor, and to reject any proposals, irrespective of the proposal price if it is determined that the Contractor is lacking in any of the essentials necessary to assure acceptable standards of performance. During the contract period, the City of Dubuque reserves the right to inspect, during normal business, 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. TECHNICAL STANDARDS YES NO The Contractor, performing as an independent contractor hereunder, shall be fully responsible for meeting the following technical standards: 0 0 1. INSURANCE AND AMOUNTS (SEE INSURANCE ATTACHMENTS A, B, C AND D) 0 0 2. INDEMNITY AND HOLD HARMLESS AGREEMENT Contractor hereby agrees to defend, indemnify and hold the City harmless against: 0 0 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. 0 0 b. Any and all expenses related to claims or lawsuits resulting from such claims, including court costs and attorney(s) fees. 0 0 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 reQulations. YES NO 3. EQUIPMENT The following minimum equipment shall be maintained: 0 0 a. Three (3) Class A wreckers of 4-ton capacity with truck GVW of 10,000 Ibs., two of which shall be equipped with wheel lifts. 0 0 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; 2 DOc. o o o o 0 YES NO o 0 o o o o o o o o o 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 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. f. The Contractor agrees that sufficient operable towing vehicles and personnel will be available to adequately service the special towing needs of the City occasioned by special events requiring towing, including but not limited to, declared emergencies or construction projects, as determined by the Chief of Police or designee, or the City Manager or designee. g. All wreckers shall be equipped with the necessary equipment to perform emergency towing and recovery according to industry standards. All 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 includinQ, but not limited to, licensinQ 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 90 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. o 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. o 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) On and off premise sites shall be enclosed and lockable with a solid wall or a substantial wire fence not less than eight (8) feet in height. The solid wall or fencing must be in place within 30 days from the date of the contract award. NOTE: For evaluation purposes, those Contractors submitting a RFP without having the necessary outside storage area at the time 3 of the RFP submittal, the contractors shall complete and submit a proposed site plan for the outside storage as outlined in Attachment E. Site Plan includes written proof the property has been leased by the contractor and is properly zoned for vehicle use and storage as require in the contract general specifications. D D 2) Off premise site(s) will have security lighting and be alarmed. 3) Vehicle storage area will be located on hard surface, minimum D D being packed gravel. D D 4) All fences and walls shall be maintained in good repair throughout the term of the contract. Damage to such walls or D D fences shall be repaired within 24 hours. 5) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. D D c. The Contractor's INSIDE compound storage area shall be for not less than 30 vehicles (meeting all required specifications as outlined herein). Inside storage may be located on or off premise from the main business D D address. Inside storage shall contain the following features: 1 ) On and off premise sites shall be fully enclosed, lockable and secured. Off site premise(s) will have security lighting and be D D alarmed. 2) An area of inside storage will be heated, ventilated and have sufficient lighting for evidence collection and processing for five D D stored vehicles 3) Hard surface flooring, similar to asphalt or cement. D D 4) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. D D d. Vehicles identified for "HOLD" by the Police Department shall be stored at such facility for whatever period of time necessary in order to properly process the vehicle and any investigation involved. Personnel of the Police Department of the City shall be permitted access to such vehicles at all times. D D e. Storage facilities shall be subject to inspection and shall be approved by the City prior to the award of any Contract. Storage facilities shall be subject to periodic inspections during the term of the Contract when deemed necessary by the Chief of Police or designee. Notice of any discrepancies or deficiencies found by the Police Chief or designee shall be submitted to the Contractor in writing, and the Contractor shall remedy the same within five (5) days of receipt of such notice. Upon failure of the Contractor to remedy deficiencies, the City may terminate the Contract. D D 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. D D g. In the event supplemental storage space is needed, the Contractor will seek approval of the site prior to its use. The standards will meet or exceed those described for inside and outside storaQe. 4 YES NO 5. PERSONNEL D D The Contractor shall have available sufficient qualified personnel for the operation of the required wreckers as specified. Each driver shall have a current valid driver's 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. D D 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 D D The Contractor shall provide a 24-hour per day, 7 -day per week, towing service. The Contractor shall have a wrecker at the destination requested not more than fifteen (15) minutes from the time that the towing firm receives a call during the day (6 AM to 6 PM), and not more than thirty (30) minutes at night (6 PM to 6 AM). The Contractor shall have 24-hour per day, 7-day per week, radio or telephone communications. Answering phone services are not permitted. If service is not provided within the specified time, the City shall have the right to make other arrangements for the call. If the Contractor repeatedly fails to furnish wrecker services as specified herein, the City may terminate the Contract. YES NO 7. SERVICE CALL CANCELLATION D D 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 D D 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 D D 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 durinq the requested period. YES NO 10. POSTING AND PROVIDING OF CHARGES D D 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 conspicuously in the principle place of business of the Contractor and shall be clearly visible to the general public. 5 0 0 Additionally, signage will be conspicuously posted stating "Persons having a concern or complaint regarding a police authorized tow are asked to call the Dubuque Police Department 589-4410". 0 0 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. YES NO 11. COLLECTIONS/CHARGES 0 0 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. 0 0 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 0 0 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. IMPOUNDED VEHICLES 0 0 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 0 0 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. 0 0 a. If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, the City shall provide notice by one (1) publication in a newspaper published in Dubuque County, Iowa. YES NO 15. RELEASE OF VEHICLES AND PERSONAL PROPERTY 0 0 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 resoonsibilitv of the owner and the Contractor. YES NO 16. DISPOSAL OF VEHICLES 0 0 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 6 manner: D D a. The Dubuque Police Department shall determine the means of disposal, either to a demolisher or by public auction. A. Disposal to Demolisher: D D (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 D D 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. D D (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 D D (1 ) Public Auction of abandoned vehicles shall be held at the D D 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. D D (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. D D (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. D D (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 411 090. D D 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. YES NO 17. NON-EXCLUSIVENESS OF SERVICES 7 0 0 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. YES NO 18. SERVICE 0 0 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. 0 0 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. YES NO 19. CLEAN UP 0 0 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. YES NO 20. OTHER INTERESTS 0 0 The Contractor shall not, in the performance of the Contract, favor any automobile or truck body shop, paint shop, salvage or recycling business. The Contractor hereby represents that it has no connection, association, affiliation or financial interest in any automobile or truck body shop, paint shop, salvage or recycling business. If the Contractor acquires any financial interest in such a business after the Contract has been awarded, the Contractor 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 0 0 The Contractor shall comply with all applicable local, state, and federal laws. YES NO 22. NON-ASSIGNABILITY AND SHAREHOLDERS 0 0 The Contract shall not be assignable. YES NO 23. NONDISCRIMINATION Contractor shall not: 0 0 a. Discharge from employment or refuse to hire any individual because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. 0 0 b. Discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. 0 0 c. Discriminate against any individual in delivery or service because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. YES NO 24. ADDITIONAL CONTRACTOR RESPONSIBILITY 8 D D Any related costs for towing and storage not specifically described in these specifications shall be the responsibility of the Contractor. YES NO o 0 o 0 o 0 YES NO o 0 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. a) PROPOSED RATES and CHARGES submitted in SEALED ENVELOPE are opened only after the City has verified all contract specifications have been met. If it is determined the contract specifications have not been met, the proposal is rejected and the SEALED ENVELOPE remains unopened. 26. TERMINATION The Contract may be terminated for any failure of the Contractor to comply with the material requirements hereof. In such event, the Contractor shall be given written notice of the intent to terminate the Contract and the Contractor shall then have ten (10) days from the date of the notice to cure such deficiency to the complete satisfaction of the City. In the event the Contractor fails to cure such deficiency within such time, the Contract shall stand terminated. Date: _'_'---'::" Company: Signature: Telephone: 9 ''Ji . . ~ '" 111*<--; 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: 1. The contractor must have all necessary State licenses and permits as may be required to perform the services set forth herein. 2. The contractor must submit the names and addresses of all persons who have a financial interest in the business, including, but not limited to, individual owners, partners, limited partners, officers, directors, and stockholders. 3. The contractor must be familiar with all laws, ordinances, rules and regulations that may in any way affect the work. Ignorance on the part of the contractor with respect to any such laws, ordinances, rules or regulations will in no way relieve the contractor of responsibility. 4. The contractor must provide a list of at least three (3) business references including address, phone number and contact name. These references must include current contracts with other entities similar in the requirements to the City of Dubuque. 1 5. An Award Committee will be established to review all the proposals, facilities, equipment, etc. prior to the award of the contract and will make appropriate recommendations to the City of Dubuque administration. Specific factors that will be considered by the City include, but are not limited to: a. Technical capability of the contractor to accomplish the scope of the work required in the Request for Proposal. This includes holding all proper licenses, performance history on past and current government or industrial contracts or work, and responsiveness of the proposal in clearly stating an understanding of the work to be done. A Contract Histo B References b. Demonstrated availability of the necessary personnel (both supervisory and operational personnel), facilities and necessary equipment to accomplish the scope of work in the Re uest for Pro osal. A Amount & T B Personnel c. Financial capability of the contractor to perform in accordance with the proposal requirements, evidence by the financial position and resources that assures the abilit to com lete the contract and prices offered. A Price Quotation Scoring: 50 TOTAL Points 6. The Contractor must submit to the City in as much detail as is deemed necessary, a description of how the towing service will be performed in relationship to the specific factors that will be considered by the City for award as listed in Section 5 above. The statement of qualification must be submitted with this proposal form. 7. The City of Dubuque shall have the right to thoroughly inspect and investigate the establishment, facilities, business reputation, quality of equipment, and other general qualifications of any Contractor, and to reject any proposals, irrespective of the proposal price if it is determined that the Contractor is lacking in any of the essentials necessary to assure acceptable standards of performance. During the contract period, the City of Dubuque reserves the right to inspect, during normal business, 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. 2 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, S, 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. 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 Ibs., 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); d. One (1) set of motorcycle carrying straps for each Class A Wrecker. e. The Contractor shall have available at all times sufficient equipment to perform all services required on a timely and responsible basis. All equipment must be owned or exclusively leased by the Contractor. All equipment must be modern, commercially manufactured and in good mechanical condition, and shall be subject to inspection at all times during the term of the Contract. No vehicle of the 3 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. f. The Contractor further agrees that sufficient operable towing vehicles and personnel will be available to adequately service the special towing needs of the City occasioned by special events requiring towing, including but not limited to, declared emergencies or construction projects, as determined by the Chief of Police or designee, or the City Manager or designee. g. All wreckers shall be equipped with the necessary equipment to perform emergency towing and recovery according to industry standards. All 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 90 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 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) On and off premise sites shall be enclosed and lockable with a solid wall or a substantial wire fence not less than eight (8) feet in height. The solid wall or fencing must be in place within 30 days from the date of the contract award. NOTE: For evaluation purposes, those Contractors submitting a RFP without having the necessary outside storage area at the time of the RFP submittal, the contractors shall complete and submit a proposed site plan for the outside storage as outlined in Attachment E. Site Plan includes written proof the property has been leased by the contractor and is properly zoned for vehicle use and storage as require in the contract general specifications. 2) Off premise site(s) will have security lighting and be alarmed. 4 3) Vehicle storage area will be located on hard surface, minimum being packed gravel. 4) All fences and walls shall be maintained in good repair throughout the term of the contract. Damage to such walls or fences shall be repaired within 24 hours. 5) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. c. The Contractor's INSIDE compound storage area shall be for not less than 30 vehicles (meeting all required specifications as outlined herein). Inside storage may be located on or off premise from the main business address. Inside storage shall contain the following features: 1) On and off premise sites shall be fully enclosed, lockable and secured. Off site premise(s) will have security lighting and be alarmed. 2) An area of inside storage will be heated, ventilated and have sufficient lighting for evidence collection and processing for five stored vehicles. 3) Hard surface flooring, similar to asphalt or cement. 4) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. d. Vehicles identified for "HOLD" by the Police Department shall be stored at such facility for whatever period of time necessary in order to properly process the vehicle and any investigation involved. Personnel of the Police Department of the City shall be permitted access to such vehicles at all times. e. Storage facilities shall be subject to inspection and shall be approved by the City prior to the award of any Contract. Storage facilities shall be subject to periodic inspections during the term of the Contract when deemed necessary by the Chief of Police or designee. Notice of any discrepancies or deficiencies found by the Police Chief or designee shall be submitted to the Contractor in writing, and the Contractor 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 prior 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 5 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. 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. 6. RESPONSE TIME: The Contractor shall provide a 24-hour per day, 7-day per week, towing service. The Contractor shall have a wrecker at the destination requested not more than fifteen (15) minutes from the time that the towing firm receives a call during the day (6 AM to 6 PM), and not more than thirty (30) minutes at night (6 PM to 6 AM). The Contractor shall have 24-hour per day, 7 -day per week, radio or telephone communications. Answering phone services are not permitted. If service is not provided within the specified time, the City shall have the right to make other arrangements for the call. If the Contractor repeatedly fails to furnish wrecker services as specified herein, the City may terminate the Contract. 7. SERVICE CALL CANCELLATION: In the event the Contractor responds to a request from the City to tow a vehicle, and upon arriving at the location of the vehicle a tow is not necessary, the Contractor may charge the owner/operator of the vehicle a "show up" fee, as listed on the attached rate sheet. The City may cancel a tow call prior to the arrival of the tow equipment without requiring payment of a "show up" fee to the Contractor by the owner/operator, unless the Contractor was requested between 6:00 P.M. and 6:00 A.M. during which time the Contractor may collect a "show up fee" provided the Contractor's driver has left the driver's residence and/or place of business. However, if the City or owner/operator has cancelled the tow prior to the Contractor's driver leaving the driver's residence or place of business, the Contractor shall not collect a "show up fee." 8. PERSONAL PROPERTY IDENTIFICATION AND LOSS: The City will provide the Contractor an inventory of personal property that is in the vehicle at the time and place of impoundment. The Contractor assumes responsibility for personal property in the vehicle at the time of impoundment and described on the inventory list and such responsibility shall continue until the authorized release of the impounded vehicle. 9. REPORT OF SERVICES: The Contractor shall keep an accurate record of all vehicles received and disposed of under the terms of the Contract. The Police Chief or designee shall determine the sufficiency of the bookkeeping procedures. A report on request shall be sent to the Police Chief listing each car that was impounded and its disposition during the requested period. 10. POSTING AND PROVIDING OF CHARGES: The Contractor has provided the City with a rate sheet attached hereto listing all current rates and fees for services provided by the Contractor. The rate sheet shall also be posted conspicuously in the principle place of business of the Contractor and shall be clearly visible to the general public. Additionally, signage will be conspicuously posted stating 6 "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 private property, the Contractor agrees that reimbursement shall be limited to the towing and storage fee paid by the owner of the vehicle or the proceeds from disposition of an abandoned vehicle in accordance with Iowa Code section 321.89. 13. IMPOUNDED VEHICLES: If any owner or person entitled to possession of an impounded vehicle seeks to reclaim the same from the Contractor, the Contractor shall provide such owner or such person lawfully entitled to possession with an itemized statement of all charges relating to the impounding of such vehicle. 14. NOTIFICATION: The City shall notify, by certified mail, within twenty (20) days of the date of taking an abandoned vehicle into custody, the last known registered owner and any known lien holder at the last known address that an abandoned vehicle has been taken into custody. a. If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, the City shall provide notice by one (1) publication in a newspaper published in Dubuque County, Iowa. 15. RELEASE OF VEHICLES AND PERSONAL PROPERTY: 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 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: 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 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 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 price or ten dollars per vehicle, whichever is less. (3) The Dubuque Police Department shall be present at any such auction and shall issue titles for vehicles sold. The Police Department shall also collect the proceeds from the sale of vehicles. (4) Upon completion of auction, the 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 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 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. 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 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: 9 The Contractor shall comply with all applicable local, state, and federal laws. 22. NON-ASSIGNABILITY AND SHAREHOLDERS: The Contract shall not be assignable. 23. NONDISCRIMINATION Contractor shall not: a. Discharge from employment or refuse to hire any individual because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. b. Discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. c. Discriminate against any individual in delivery or service because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. 24. ADDITIONAL CONTRACTOR RESPONSIBILITY: Any related costs for towing and storage not specifically described in these specifications shall be the responsibility of the Contractor. 25. SPECIFICATIONS AND BID: The general specifications and the Contractor's bid, attached hereto, are incorporated herein by reference. Bid submission REQUIRES: 1) Contractor completes Contractor's Checklist verifying all contract specifications are met. 2) Contractor submits PROPOSED RATES and CHARGES (Sections I and J) together in one SEALED ENVELOPE. a) PROPOSED RATES and CHARGES submitted in SEALED ENVELOPE are opened only after the City has verified all contract specifications have been met. If it is determined the contract specifications have not been met, the proposal is rejected and the SEALED ENVELOPE remains unopened. 26. TERMINATION: The Contract may be terminated for any failure of the Contractor to comply with the material requirements hereof. In such event, the Contractor shall be given written notice of the intent to terminate the Contract and the Contractor shall then have ten (10) days from the date of the notice to cure such deficiency to the complete satisfaction of the City. In the event the Contractor fails to cure such deficiency within such time, the Contract shall stand terminated. 10 CONTRACTOR TO COMPLETE ALL BLANKS: F~7rGj'j~~I_i~_iii'~i"~~;;'if';;~'~,1 Location: ,",~"~,~,, . \v 'l:.,:.,~, "~'"' "'''1'"<''''''' p~' f~l,~;,~~~,,_~:~,:r~ "';::':!'_::'::~~\l (1 ) (2) YES 1:1 NO 1:1 If yes: 1) Name and Address of Shop: Nature of Association: 2) Name and Address of Shop: Nature of Association: 0; 11 List all owners (See Competency of Contractors): 1 ) 2) 3) YES tJ NO tJ Certificate of Insurance will be required at the beginning of the contract and each anniversa thereafter. 1) Company/City: Manager/Contact: 2) Company/City: Manager/Contact: 3) Company/City: Manager/Contact: 12 # 1 6 "' . ':" ." . ....'...,i' , e of Vehicle Serial Number License Number 2 3 4 5 6 7 8 9 10 11 12 13 14 13 Attach additional sheets as necessary 14 ATTENTION: SUBMIT SEPARATELY WITH GROUP II PRICING IN SEALED ENVELOPE II I. PROPOSED RATeS AND CHARGES GROUP I 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 Contract. GROUP I. Rates for Group I apply to those vehicles that are NOT owned by the City, but for which service is performed as a result of a call from a Dubuque City Police Officer. Group I will not apply to City owned or leased vehicles that are included in Group II. GROUP I. Class A , "'f"'~" ""''''''''''J'.~'~'' ." ">';~;: ;'t,~: .. ._,' :, _, ,_~<'?Y-<'-~;'_"':I!,;,~;,~;~;~,:~~:':i~~lt,:~~;\::, From From '''It_?,"^~SCo/'"'''f'~~~ ,. ~ !',,"1;t ._' _J4;,i"~>?::f'r;~,t:.t3i: ,~fAG'Ji, . ,\':'iTY+: """ ~'f'~~'.~ '1 .,';!'tr'.,(;Sf:' -,r .!~t:,i":;:';,:,>..- ,', , _/)'..:,:~;!; $ $ to to GROUP I. Class C: Towing and/or Recovery ';">"''''':'''':''',<~:. ,.,.,,-,-, 'YY>_H\.'.,t',:,:-'O, 'i'X' .~~.,..." "l;" .,,' " :~:;_ _',' ,');"4" '-'.R._' ," """i\i...""," GROUP I. STORAGE $ $ $ $ $ $ $ $ $ $ . ""/.',; '-'Y""_':C'i"':h~';'K'_~_rt'i"~'>!"/'-''''r......,.;iQ<!"..'r. ,,:.1!:"..,:.;""'......"'.:('!;\JI"'.'.~~'1l11~~'.<.::;:'!_r~)....:"-,..".,' ""'>:I-'}'~L .. :. '}?_~,{t:C::/~?;h;-:::-:;:~:--;';:tI{:--:;'::,-~':_~:'::':;y;",}:-:A~5Jff'~", Sfj,fi#"._ , ~:{::n~~:; $ $ $ $ $ 15 ATTENTION: SUBMIT SEPARATELY WITH GROUP I PRICING IN SEALED ENVELOPE ~ J. PROPOSED ' RATES ANO.CHARGES II 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 Contract. GROUP II: Rates for Group II apply to those vehicles that are owned or leased by the City and service is performed as a result of a call from a City Police Officer or City employee. GROUP II. CLASS A. I' "'""""~"""""i..,...",.,...r:t~"..,,."".""'...,_;'''''....."''..,.".'''~~.''''~,'o'.,.,~ :'::""')""\', ,c,. , J,,~ :"\';-'<'::,:-_,:;';'_:~,,,;: "~;('E-:;g:'::::'\"':::;i::'}~';,',;';':! _ '" ",",:,:i:j'~;:;<::-',-:o,:',':i';'~: ~Bl::;;!>" , , " <<b;:;-.) Standard Tow From to $ Nlaht Tow From to $ Dollv Fee $ Winchina (151 half hour) $ Winchino IAfter 151 half hour) $ Standbv Time 1 st half hour) $ Standbv Time After 1st half hour) $ Mileaae Outside Citv Limits $ Show UoFee $ Go Jacks $ GROUP II. Class C: Towing and/or Recovery I ""~:;' .,.'." .~:".<, " "~IIIE' . "-'<.,,"'< ' -;'l("';"';" -<,. ;1 ;'~~~'ji:;'~f ;'1 '\"::, ' " " ':, "",'T";{';,j"': ~. ','", -' '-:.,: < < -I,', ", '.j,":', First Hour (p-er unit) $ After First Hour loer unit) $ 16 ...~. "......,.:...., ;"'"'.:. 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. The Contractor shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy. The Contractor shall also be required to provide Certificates of Insurance of all subcontractors, and all subcontractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of the Contractor. 4. Each Certificate of Insurance shall be submitted to the City of Dubuque's Finance Director prior to commencement of work/service. 5. 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 Governmental Immunities Endorsement (or equivalents). 6. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. A Contractor's failure to obtain or maintain insurance required by this agreement shall be considered a material breach of this agreement. 7. The Contractor, subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: 17 WORKERS COMPENSATION AND EMPLOYERS LIABILITY 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 property damage limit of liability: COMMERCIAL GARAGE LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $ 1,000,000 $ $ $ $ $ $ 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 contractor's coverage, contractual liability, broad form property damage, and personal injury. GARAGE KEEPERS LIABILITY: Comprehensive Collision $ 100,000 18 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 19 II ., "~'~V'''''':' "" ,,:,",:,:~>,:,., ,." ". ""~F:~,,::Z',,';':~'~'?:~1.11!I:~1 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 insured 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 20 ~ Attachment E 11 OUTSIDE STORAGE SITE PLAN -- CHECKLIST 1) Graphic information to be on the site plan: Site plans shall be drawn to scale in ink on substantial paper not to exceed 11" x 17" sheets. Show all property lines, lot dimensions, total area and adjacent street(s) and alley(s). Show location and exterior dimensions including height of all proposed and/or existing buildings, or structures. Show location, exterior dimensions, and general nature/materials of existing and proposed fences and lor screening. Show location and general nature/materials of existing and proposed landscaping for outside storage area(s). such as trees, shrubs, and berms. Show location and dimensions of parking stalls, circulation aisles, loading areas, and sidewalks. Graphic scale and north arrow. 2) Written information to be on site plan: Name of towing contractor and address of property. Name, address and phone number(s) of the property owner(s). Name, address and phone n umber(s) of the towing contractor(s) if different from the owner(s). Proposed use(s) for all residential buildings or structures. 3) Construction Details Name, address of Construction Company/Person responsible for construction Timetable of Completion Written Cost Estimates Written Property Lease or Purchase Agreement Written Documentation showing Property is properly zoned for use regarding general specifications for vehicle use and storage. 21 ISSUING AGENCY: City of Dubuque, Iowa CONTRACTOR: The Contractor agrees to meet, maintain, and perform all services and to comply with all terms and conditions as set forth herein. The Contract shall be effective as of 12:01 A.M. ,and subject to the foregoing provisions herein shall continue in effect until Midnight, 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, S, 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. 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 Ibs., 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; 1 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 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. f. The Contractor further agrees that sufficient operable towing vehicles and personnel will be available to adequately service the special towing needs of the City occasioned by special events requiring towing, including but not limited to, declared emergencies or construction projects, as determined by the Chief of Police or designee, or the City Manager or designee. g. All wreckers shall be equipped with the necessary equipment to perform emergency towing and recovery according to industry standards. All 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 90 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 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: 2 1) On and off premise sites shall be enclosed and lockable with a solid wall or a substantial wire fence not less than eight (8) feet in height. The solid wall or fencing must be in place within 30 days from the date of the contract award. NOTE: For evaluation purposes, those Contractors submitting a RFP without having the necessary outside storage area at the time of the RFP submittal, the contractors shall complete and submit a proposed site plan for the outside storage as outlined in Attachment E. Site Plan includes written proof the property has been leased by the contractor and is properly zoned for vehicle use and storage as require in the contract general specifications. 2) Off premise site(s) will have security lighting and be alarmed. 3) Vehicle storage area will be located on hard surface, minimum being packed gravel. 4) All fences and walls shall be maintained in good repair throughout the term of the contract. Damage to such walls or fences shall be repaired within 24 hours. 5) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. c. The Contractor's INSIDE compound storage area shall be for not less than 30 vehicles (meeting all required specifications as outlined herein). Inside storage may be located on or off premise from the main business address. Inside storage shall contain the following features: 1) On and off premise sites shall be fully enclosed, lockable and secured. Off site premise(s) will have security lighting and be alarmed. 2) An area of inside storage will be heated, ventilated and have sufficient lighting for evidence collection and processing for five stored vehicles. 3) Hard surface flooring, similar to asphalt or cement. 4) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. d. Vehicles identified for "HOLD" by the Police Department shall be stored at such facility for whatever period of time necessary in order to properly process the vehicle and any investigation involved. Personnel of the Police Department of the City shall be permitted access to such vehicles at all times. e. Storage facilities shall be subject to inspection and shall be approved by the City prior to the award of any Contract. Storage facilities shall be subject to periodic inspections during the term of the Contract when deemed necessary by the Chief of Police or designee. Notice of any discrepancies or deficiencies found by the Police Chief or designee shall be submitted to the Contractor in writing, and the Contractor 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. 3 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 prior 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 while on duty. 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. 6. RESPONSE TIME: The Contractor shall provide a 24-hour per day, 7-day per week, towing service. The Contractor shall have a wrecker at the destination requested not more than fifteen (15) minutes from the time that the towing firm receives a call during the day (6 AM to 6 PM), and not more than thirty (30) minutes at night (6 PM to 6 AM). The Contractor shall have 24-hour per day, 7-day per week, radio or telephone communications. Answering phone services are not permitted. If service is not provided within the specified time, the City shall have the right to make other arrangements for the call. If the Contractor repeatedly fails to furnish wrecker services as specified herein, the City may terminate the Contract. 7. SERVICE CALL CANCELLATION: In the event the Contractor responds to a request from the City to tow a vehicle, and upon arriving at the location of the vehicle a tow is not necessary, the Contractor may charge the owner/operator of the vehicle a "show up" fee, as listed on the attached rate sheet. The City may cancel a tow call prior to the arrival of the tow equipment without requiring payment of a "show up" fee to the Contractor by the owner/operator, unless the Contractor was requested between 6:00 P.M. and 6:00 A.M. during which time the Contractor may collect a "show up fee" provided the Contractor's driver has left the driver's residence and/or place of business. However, if the City or owner/operator has cancelled the tow prior to the Contractor's driver leaving the driver's residence or place of business, the Contractor shall not collect a "show up fee." 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. 4 9. REPORT OF SERVICES: The Contractor shall keep an accurate record of all vehicles received and disposed of under the terms of the Contract. The Police Chief or designee shall determine the sufficiency of the bookkeeping procedures. A report on request shall be sent to the Police Chief listing each car that was impounded and its disposition during the requested period. 10. POSTING AND PROVIDING OF CHARGES: The Contractor has provided the City with a rate sheet attached hereto listing all current rates and fees for services provided by the Contractor. The rate sheet shall also be posted conspicuously in the principle place of business of the Contractor and shall be clearly visible to the general public. Additionally, signage will be conspicuously posted stating "Persons having a concern or complaint regarding a police authorized tow are asked to call the Dubuque Police Department 589-4410". 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 private property, the Contractor agrees that reimbursement shall be limited to the towing and storage fee paid by the owner of the' vehicle or the proceeds from disposition of an abandoned vehicle in accordance with Iowa Code section 321.89. 13. IMPOUNDED VEHICLES: If any owner or person entitled to possession of an impounded vehicle seeks to reclaim the same from the Contractor, the Contractor shall provide such owner or such person lawfully entitled to possession with an itemized statement of all charges relating to the impounding of such vehicle. 5 14. NOTIFICATION: The City shall notify, by certified mail, within twenty (20) days of the date of taking an abandoned vehicle into custody, the last known registered owner and any known lien holder at the last known address that an abandoned vehicle has been taken into custody. a. If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, the City shall provide notice by one (1) publication in a newspaper published in Dubuque County, Iowa. 15. RELEASE OF VEHICLES AND PERSONAL PROPERTY: The Contractor agrees to release a vehicle to its owner upon authorization from the City and payment of towing and storage costs by the owner. At the time of release, the Contractor shall provide the owner with a receipt, itemizing towing and storage costs. All discrepancies and settlements are the responsibility of the owner and the Contractor. 16. DISPOSAL OF VEHICLES: The Contractor shall cooperate with the City to expeditiously handle all procedures for the disposal of abandoned automobiles pursuant to Iowa Code Section 321.89. The procedure for disposal shall be conducted in the following manner: 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 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 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 price or ten dollars per vehicle, whichever is less. 6 (3) The Dubuque Police Department shall be present at any such auction and shall issue titles for vehicles sold. The Police Department shall also collect the proceeds from the sale of vehicles. (4) Upon completion of auction, the 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. 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 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. 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. 7 20. OTHER INTERESTS: The Contractor shall not, in the performance of the Contract, favor any automobile or truck body shop, paint shop, salvage or recycling business. The Contractor hereby represents that it has no connection, association, affiliation or financial interest in any automobile or truck body shop, paint shop, salvage or recycling business. If the Contractor acquires any financial interest in such a business after the Contract has been awarded, the Contractor shall notify the City immediately in writing. A violation of this provision during the term of the Contract shall be grounds for immediate termination of the Contract. 21. COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS: The Contractor shall comply with all applicable local, state, and federal laws. 22. NON-ASSIGNABILITY AND SHAREHOLDERS: The Contract shall not be assignable. 23. NONDISCRIMINATION Contractor shall not: a. Discharge from employment or refuse to hire any individual because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. b. Discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. c. Discriminate against any individual in delivery or service because of race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. 24. ADDITIONAL CONTRACTOR RESPONSIBILITY: Any related costs for towing and storage not specifically described in these specifications shall be the responsibility of the Contractor. 25. SPECIFICATIONS AND BID: The general specifications and the Contractor's bid, attached hereto, are incorporated herein by reference. Bid submission REQUIRES: 1) Contractor completes Contractor's Checklist verifying all contract specifications are met. 2) Contractor submits PROPOSED RATES and CHARGES (Sections I and J) together in one SEALED ENVELOPE. a) PROPOSED RATES and CHARGES submitted in SEALED ENVELOPE are opened only after the City has verified all contract specifications have been met. If it is determined the contract 8 specifications have not been met, the proposal is rejected and the SEALED ENVELOPE remains unopened. 26. TERMINATION: The Contract may be terminated for any failure of the Contractor to comply with the material requirements hereof. In such event, the Contractor shall be given written notice of the intent to terminate the Contract and the Contractor shall then have ten (10) days from the date of the notice to cure such deficiency to the complete satisfaction of the City. In the event the Contractor fails to cure such deficiency within such time, the Contract shall stand terminated. IN WITNESS THEREOF, the parties hereto have executed this Contract. CONTRACTOR: By: Date: CITY OF DUBUQUE: By: Date: 9 CONTRACTOR TO COMPLETE ALL BLANKS: dl fa. .,"'4IltIi1..t~.W~;r;:.r,' (1 ) e..-"',,!,',,;; _,_ ,'_, '0 ". '"::>dL::>\,;.'Y:- ';~>+:"'.". .....'.;.;,',,' _S".__ _c_ , "\;j I. ~!: _ ,<". (2) YES lJ NO lJ If yes: 1) Name and Address of Shop: Nature of Association: 2) Name and Address of Shop: Nature of Association: 10 List all owners (See Competency of Contractors): 1 ) 2) 3) YES lJ NO lJ Certificate of Insurance will be required at the beginning of the contract and each anniversa thereafter. 1) Company/City: Manager/Contact: 2) Company/City: Manager/Contact: 3) Company/City: Manager/Contact: 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 12 Attach additional sheets as necessary 13 ATTENTION: SUBMIT SEPARATELY WITH GROUP II PRICING IN SEALED ENVELOPE II I. PROPOSED RATES AND CHARGES GROUP I 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 Contract. GROUP I. Rates for Group I apply to those vehicles that are NOT owned by the City, but for which service is performed as a result of a call from a Dubuque City Police Officer. Group I will not apply to City owned or leased vehicles that are included in Group II. GROUP I. Class A ['itf:;~"~xr:M~:':?~':::"'i;-{~_~(t1:~_!1~\Y:,~;~:~~~~:i!fJ~~\~~t~ '".... -.',-, "_",' "'._ _""_:("""~ _ .. .. .. .' " .. ',' .. -, ,"_"'H"'~"" -.,.;)j;.""".. . __._..l,'~'""., "f......0.. .. .. ., "":'"-"~'"_~e.,,^,.,,,V'-,.,__ .. _:._ '>"" '""_'...'/',_. From From to to $ $ $ $ $ $ $ $ $ $ GROUP I. Class C: Towing and/or Recovery ,~",---"";"-"+.~...'.-,.,_. "_"~-,""~_~~1'f":"""_P,ff"_'''l'<''"''>._~(<m'}n"",Y",>c:::'(<:_-,:,,,,,,';!$r.'-~{;::~'~'~~~.l"''''''''~''l_'f<''''''''''~ i: .." -'.--.',.., ;-:":_:r::~:ii~:,;i:'" _ ..,'", ....;. _:,_, k.1YI"";')'\',:.t;_:'}-:,':, :~:'::-- '?--,,/'-,:~~i:;,{:;::;~:::t?;7YL,~;@:)~ , ' ):ti\:.'}( $ $ GROUP I. STORAGE ;~ $ $ $ $ $ 14 ATTENTION: SUBMIT SEPARATELY WITH GROUP I PRICING IN SEALED ENVELOPE II J. PROPOSED RATES AND CHARGES II 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 Contract. GROUP II: Rates for Group II apply to those vehicles that are owned or leased by the City and service is performed as a resu It of a call from a City Police Officer or City employee. GROUP II. CLASS A. r....."....".."'...~_.y. '1:1?).,?!,)'1~~i;?\i';?r~' "IIfI'IIJ~i:;'!':7l:y,~):;cllk!l'f,~;:':\\11 """:'--':,l<';:,,'::(,'t ____ _.' ,'3; "1-., Y<:;' , ., _ ,',.. .". ,.,<""..,,,~_.,,.:i1_...~_.,.., ._Hj,..}l . .''','_.. .,-", Standard Tow From to $ Night Tow From to $ Dollv Fee $ Winchinq (151 half hour) $ Winchinq (After 1st half hour) $ Standby Time (1st half hour) $ Standby Time (After 151 half hour) $ Mileaqe Outside Citv Limits $ Show UP Fee $ Go Jacks $ GROUP II. Class C: Towing and/or Recovery r -,,-. .! i"~'~" "'1",: ;;.:.:~';: ,~:'~W';-', ,,',..,-.7,._ .,,!.""'l\,...~~..e""~!!'..,;... ,-,-,,", ;,<:.,':><, - '.: : r.. ." . .. ;',', 1 ,~, .,' :;::;r~i,:J;;d<:1>;, \-:;:';_:;':::<~:i, , -'0t:'\:.) First Hour (per unit) $ After First Hour (per unit) $ 15 .';;:-''-::<i;/;:/~'_:':<-:<-Y', _ - - ,:,::::,;-",: A_M rrtA. . ..~,... 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. The Contractor shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy. The Contractor shall also be required to provide Certificates of Insurance of all subcontractors, and all subcontractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of the Contractor. 4. Each Certificate of Insurance shall be submitted to the City of Dubuque's Finance Director prior to commencement of work/service. 5. 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 Governmental Immunities Endorsement (or equivalents). 6. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. A Contractor's failure to obtain or maintain insurance required by this agreement shall be considered a material breach of this agreement. 7. The Contractor, subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: 16 WORKERS COMPENSATION AND EMPLOYERS LIABILITY 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 property damage limit of liability: COMMERCIAL GARAGE LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $ 1,000,000 $ $ $ $ $ $ 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 contractor's coverage, contractual liability, broad form property damage, and personal injury. GARAGE KEEPERS LIABILITY: Comprehensive Collision $ 100,000 17 1. Nonwaiver of Governmental I mmunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 18 It ,">'''''",'C' """"'~:"":>.'; ""<:,,,,,,,,,~:,::;""F ""~'''.~~'' -', ,- "'--.'-'i i",;>, ,....,..'.....,'J",.'""..,.<~.'.., .~" .>;"+?'~:~<v":~'~'~,<(>:-:.:c ;" '~:~';;';t':;~. .' :~::~fj.~1 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 insured 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 19 II Attachment E I~ OUTSIDE STORAGE SITE PLAN -- CHECKLIST 1) Graphic information to be on the site plan: Site plans shall be drawn to scale in ink on substantial paper not to exceed 11" x 17" sheets. Show all property lines, lot dimensions, total area and adjacent street(s) and alley(s). Show location and exterior dimensions including height of all proposed and/or existing buildings, or structures. Show location, exterior dimensions, and general nature/materials of existing and proposed fences and lor screening. Show location and general nature/materials of existing and proposed landscaping for outside storage area(s). such as trees, shrubs, and berms. Show location and dimensions of parking stalls, circulation aisles, loading areas, and sidewalks. Graphic scale and north arrow. 2) Written information to be on site plan: Name of towing contractor and address of property. Name, address and phone number(s) of the property owner(s). Name, address and phone n umber(s) of the towing contractor(s) if different from the owner(s). Proposed use(s) for all residential buildings or structures. 3) Construction Details Name, address of Construction Company/Person responsible for construction Timetable of Completion Written Cost Estimates Written Property Lease or Purchase Agreement Written Documentation showing Property is properly zoned for use regarding general specifications for vehicle use and storage. 20