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Police Towing Contract Recommendation 2006-2009 Dt:;~~E ~c!N--~ MEMORANDUM June 16, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque 2006-2009 Towing Contract - Recommendation The City of Dubuque Towing Contract Awards Committee has completed its review of the submitted request for proposals (RFP) for the 2006/2009 City of Dubuque Towing Contract. Based upon their findings, the committee is recommending the contract be awarded to Wenzel's Towing, 275 Salina Street, Dubuque, IA. As part of the renewal process for the 2006/2009 City of Dubuque Towing Contract, a city committee consisting of seven members was formulated to review the submitted request for proposals and recommend the awarding of the contract. The seven members included: IIOOlil!.lIIIII...mlnlllll.lll~mllllll..II~III.I.__.lmlmlmr. Sue Brennan Plannin and Zonin Cor oral Ter Driscoll Police Tim Horsfield Parkin John Klostermann 0 erations and Maintenance Ken TeKi e Finance Assistant Chief Ter Tobin, Chair Police Fire Marshall Mark Ludescher Fire Two responses to the requests for proposals sent were returned for consideration from Burt Steve and Son Garage, Inc., and Wenzel's Towing. The Submittal by Burt Steve and Son Garage, Inc., was not responsive to the requirements in the RFP, so the price quote was not opened. A letter to that effect was sent to Burt Steve and Son Garage, Inc. Two letters were received from their attorney asking the awards committee to re-inspect their proposed facilities and reconsider their decision. The awards committee, along with Chief of Police Kim Wadding, did re-inspect their facilities and found them significantly out of compliance. The Committee reported to Chief Wadding that both buildings used for inside storage as described by Chad Steve remain out of compliance. The east building is not heated or ventilated and needs a west wall built to allow access for Gary Pfab to enter his portion of an attached garage. The second building located on the west side of the property is open on the east side, is not lockable, and does not have a hard surface floor. The committee still finds Burt Steve and Son Garage, Inc., non-compliant with the Request for Proposal and has not opened their price quote. Wenzel Towing is quoting the same price charged for towing services for the next three years as has been charged the last three years. I concur with the recommendation to select Wenzel's Towing for the three-year towing contract and respectfully request Mayor and City Council approval. 1U~11 Michael C. Van Milligen \..-- MCVM/ksf Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kim Wadding, Chief of Police DU~~E ~c!k-~ MEMORANDUM Date: June 8, 2006 To: Michael C. Van Milligen City Manager From: Kim B. WaddinJf\r-,. Police Chief ~ ~ Re: City of Dubuque 2006/2009 Towing Contract - Recommendation INTRODUCTION The City of Dubuque Towing Contract Awards Committee has completed its review of the submitted request for proposals (RFP) for the 2006/2009 City of Dubuque Towing Contract. Based upon their findings, the committee is recommending the contract to be awarded to Wenzel's Towing, 275 Salina Street, Dubuque, IA. BACKGROUND As part of the renewal process for the 2006/2009 City of Dubuque Towing Contract, a city committee consisting of seven members was formulated to review the submitted request for proposals and recommend the awarding of the contract. The seven members included: Sue Brennan Cor oral Ter Driscoll Tim Horsfield John Klostermann Ken TeKi e Assistant Chief Ter Tobin, Chair Fire Marshall Mark Ludescher Of the 11 requests for proposals sent to area tow companies two were returned for consideration, Burt Steve and Son Garage and Wenzel's Towing. DISCUSSION Attached is a memorandum outlining the committee's review and evaluation. Regarding Burt Steve and Son Garage, Inc, their proposal was non compliant with the General Specifications of the Request for Proposals due to not having inside storage capabilities when inspected by the awards committee May 26, 2006. At the time of the inspection, Gary Pfab, Chad Steve, and George Clark, representing Burt Steve and Son Garage, reported they are leasing the property at 3360 Center Grove Drive, Dubuque, Iowa for the inside and outside vehicle storage. To meet the requirements for inside storage the awards committee was told that when Burt Steve and Son Garage received the contract award a building would be constructed to fulfill the inside storage requirements. The Request for Proposals General Specifications states "Storage facilities shall be subject to inspection and shall be approved by the City prior to the award of any Contract." Having no inside storage to inspect, the awards committee found the Burt Steve and Son Garage out of compliance for the General Specifications and removed their proposal from further consideration. On May 16, 2006 Wenzel's Towing was inspected and found to be in compliance with all General Specifications. As outlined in the Request for Proposals, each committee member evaluated 10 performance categories. The categories encompassed three major areas: Technical Capabilities, Demonstrated Availability, and Financial Capabilities. Each category had a value of five possible points, from (1) lowest to (5) highest for a total of 50 possible points. The three major areas and categories include: Based upon these categories, Wenzel's Towing received a collective committee score of 48.6 out of the possible 50 points. Regarding the price quotation, the prices remained the same as the current contract. RECOMMENDATION After consideration and review, the Towing Awards Committee recommended Wenzel's Towing for the 2006/2009 City of Dubuque Towing Contract. I agree with their recommendation. ACTION REQUESTED Action requested is for City Council consideration of the 2006/2009 City of Dubuque Tow Contract to be awarded to Wenzel's Towing, 275 Salina Street, Dubuque, IA as recommended by the City of Dubuque Tow Contract Awards Committee. Attachment Cc: Barry Lindahl, Corporation Attorney Jeanne Schneider, City Clerk Cindy Steinhauser, Assistant City Manager ~~~E ~c/k.~ MEMORANDUM DATE: June 6, 2006 TO: Chief of Police Kim Wadding FROM: Assistant Chief Terry Tobin \I RE: 2006-2009 City tow contract recommendation Requests for proposals from vendors interested in providing services for the City of Dubuque towing contract beginning July 1, 2006 through June 30, 2009 were solicited with a letter sent to local towing companies on April 18, 2006. The letter advised prospective bidders that 5:00 P.M. May 5,2006 was the deadline for interested vendors to submit proposals. Proposals were received from Burt Steve and Son Garage, Inc. and Wenzel Towing, Inc. A committee was formed to review the proposals and inspect the bidder's facilities and equipment in order to evaluate the proposals and make a recommendation on a selected towing service for the City of Dubuque to enter into a contract with. The committee evaluating the proposals consisted of Assistant Police Chief Terry Tobin and Cpl. Terry Driscoll of the Dubuque Police Department, Ken TeKippe from the City Finance Division, John Klostermann from the City Public Works Department, Tim Horsfield from the City Parking Division, Sue Brennan from the City Planning and Zoning Division, and Fire Marshall Mark Ludescher of the Dubuque Fire Department. The above committee members met on May 16th to tour the Wenzel Towing facility and inspect their equipment. The committee met again on May 26th to tour the Burt Steve facility and inspect their equirment. Following the above inspections, a meeting was held by the committee on June 1s to review the inspections and proceed with the evaluations towards a committee recommendation for the City of Dubuque tow contract vendor. During the meeting on June 1st discussion was held among the committee members concerning Burt Steve and Son Garage, Inc.'s bid and whether or not the bid met submittal requirements concerning the necessity of a proper site plan being filed with the bid. Discussion was also held concerning the lack of required facilities to operate the City of Dubuque towing contract operation as brought to light during the tour of the Burt Steve and Son Garage, Inc. proposed site at 3360 Center Grove. Specifically noted was the lack of an indoor storage facility meeting the requirements specified in the RFP and also the lack of an , on-site office facility. During the tour of the facility at 3360 Center Grove with the property owner, Gary Pfab, and also Chad Steve and George Clark representing Burt Steve and Son Garage, Inc., it was stated that if Burt Steve and Son Garage, Inc. would be awarded the City towing contract, construction would begin on a building to be used as an indoor storage facility, and a current building on the property would undergo significant renovation, including dividing the building into a first and second floor and adding a second floor doorway to provide an on-site office. None of the above modifications to the property had been started or contracts signed for the construction or remodeling. All parties involved with showing the property to the committee members stated that the proposed property improvements to allow the property to come into compliance with the contract specifications would not be undertaken until such time Burt Steve and Son Garage, Inc. would be awarded the City towing contract. Due to the property proposed by Burt Steve and Son Garage, Inc. to be used as the City tow contract facility not meeting the basic requirements called for in the RFP, the Burt Steve and Son Garage, Inc. proposal was rejected on the basis of all contract specifications not being met. The Burt Steve and Son Garage, Inc. proposal was not considered further and the sealed envelopes containing the Burt Steve and Son Garage, Inc. proposed pricing for towing services related to the City tow contract were not opened. The committee members agreed that the Wenzel Towing, Inc. proposal and site and equipment inspection showed Wenzel Towing, Inc. to be in compliance with all requirements listed in the RFP. Wenzel Towing, Inc.'s proposal was then evaluated by the committee, including the opening of their proposed pricing for City contract towing services. As per the RFP specifications, each committee member evaluated the vendor in each of ten categories, with an overall score of 50 points representing a perfect score. The individual committee member scores, in no particular order, were as follows: Committee Member A) B) C) D) E) F) G) Wenzel Towing Inc. evaluation score 50 45 48 50 50 47 50 Average 48.6 It is the unanimous recommendation of the City Towing Contract Award Committee that the contract for City of Dubuque towing services be awarded to Wenzel Towing, Inc. I will now summarize the committee's ratings of Wenzel Towing in the ten categories they were evaluated on. 1) Contract History 5 5 5 5 5 5 5 Avg. 5.0 Comments generally reflected the good service Wenzel Towing, Inc. has provided through past City contracts and also attested to by references contacted. 2) References 5 5 5 5 5 5 5 Avg. 5.0 As evidenced by the above scores, all references contacted gave very good reviews of Wenzel Towing, Inc. and recommended them for the City Contract. 3) Past Performance 5 4 5 5 5 5 5 Avg. 4.9 Comments reflected the good service provided to the City through the contract and lack of citizen or City employee complaints. Also cited were good comments from references concerning their experience with Wenzel Towing. Study of Dubuque County requests for towing service showed a 98% response and tow completed rate for Wenzel's. 4) Completeness of Proposal 5 4 5 5 5 5 5 Avg. 4.9 Committee member's comments reflected that the Wenzel proposal was easy to evaluate, professionally prepared, and contained all required information. 5) Amount and Type of Equipment 5 4 5 5 5 5 5 Avg. 4.9 Comments noted that Wenzel's had all the required equipment and that it is all newer, modern equipment. Professional appearance and uniformity of paint schemes on all of the equipment was cited. 6) Personnel 5 5 5 5 5 4 5 Avg. 4.9 Comments reflected Wenzel appears to have the proper staffing, the staff is experienced, and drivers wear Wenzel Towing shirts. 7) Lot Location and Facilities 5 5 5 5 5 5 5 Avg. 5.0 Comments reflected the location of Wenzel's being close to many of the downtown City tows and also handy for those needing to get from City offices to the storage yard to retrieve vehicles. Comments also reflected the additional capacity available, proper zoning for the operation, and the orderliness and general condition and appearance of the storage areas. The inside storage area was classified as an excellent facility. 'The Wenzel proposal mentions the possibility of moving the operation at some point to a location on Hughes Court. At the point this should occur, that facility will be inspected for compliance with the contract specifications. It was noted that the Hughes Court location has the proper zoning for a towing and storage operation. 8) Lot Capacity and Potential 5 5 5 5 5 5 5 Avg. 5.0 Comments made that both the inside and outside storage areas have excess storage capacity should it be needed. It was noted that the space used by Wenzel's for storage was organized and well utilized. 9) Price Quotation 5 5 5 5 5 4 5 Avg. 4.9 Comments reflected the fact that Wenzel Towing was holding the line on prices, matching the prices charged on the 2003-2006 contract as their proposed rates for the upcoming contract. The next page contains a table comparing the prices charged by Wenzel Towing during the current contract period and the proposed prices for the 2006-2009 contract period. The prices match for both periods. 2003-06 Wenzel Group 1: Class A Tow Fees Price List Bid 1 Standard Tow (6 A.M.-6 P.M.) $45.00 $45.00 2 Night Tow (6 P.M.-6 A.M.) $55.00 $55.00 3 Dolly Fee $35.00 $35.00 4 Winching (1 half hour) $40.00 $40.00 5 Winching (After 1 half hour) $40.00 $40.00 6 Standby Time (1 haif hour) $30.00 $30.00 7 Standby Time (After 1 half hour) $25.00 $25.00 8 Mileage Outside City Limits per miie $2.25 $2.25 9 Show Up Fee $20.00 $20.00 10 Go Jacks $10.00 $10.00 2003-06 Wenzel Group 1: Class C TowinQ and/or Recovery Price List Bid 111 First Hour (per unit) $100.00 $100.00 I 112 After First Hour (per unit) 1 $100.00 $100.00 I 2003-06 Wenzel Grouo 1: Storace Fees per day Price List Bid 13 Cars. pickups, motorcycles (Outside Storage) $12.00 $12.00 14 Cars, pickups, motorcycies (Inside Storage-by $15.00 $15.00 owner reauest) 15 Trucks, tractors, busses $30.00 $30.00 16 Truck tractor trailers $30.00 $30.00 17 After hours release charge (if any) $30.00 $30.00 2003-06 Wenzel Group 2: Class A Tow Fees Price List Bid 1 Standard Tow (6 A.M.-6 P.M.) $45.00 $45.00 2 NightTow (6 P.M.-6 A.M.) $55.00 $55.00 3 Dolly Fee $35.00 $35.00 4 Winching (1" half hour) $40.00 $40.00 5 Winching (After 1 half hour) $40.00 $40.00 6 Standby Time (1" half hour) $30.00 $30.00 7 Standby Time (After 1" half hour) $25.00 $25.00 8 Mileage Outside City Limits per mile $2.25 $2.25 9 Show Up Fee $20.00 $20.00 10 Go Jacks $10.00 $10.00 2003-06 Wenzel Group 2: Class C Towinc and/or Recoverv Price List Bid 11 I First Hour (per unit) 1 $100.00 I $100.00 12 I After First Hour (per unit) 1 $100.00 1 $100.00 ,. 10) Financial Stability 5 3 4 5 5 4 5 Avg. 4.4 Comments reflected that Wenzel Towing, Inc. is a long standing family business and the lack of any perceived financial problems in the past. Accounting and banking firms employed by the business are reputable, local firms. Conclusion Wenzel Towing currently meets all of the RFP/contract standards and has had an excellent performance history on past City contracts. We respectfully submit for your, the City Manager, and the City Council's consideration our recommendation that the 2006-2009 City of Dubuque towing contract be awarded to Wenzel Towing, Inc. i5u~~ ~~~ MEMORANDUM Date: June 16, 2006 To: Michael C. Van Milligen City Manager From: Kim B. Wadding~0 Police Chief I i]j-" Re: 2006-2009 Tow Contract - Burt Steve & Son Garage, Inc. Tow Contract Proposal - Site Re-Visit June 15, 2006 INTRODUCTION: The purpose of this memorandum is to discuss the Tow Contract Awards Committee findings regarding their second visit to Burt Steve and Son Garage, Inc. June 15, 2006. BACKGROUND: On June 13, 2006, 3:00 P.M., a meeting was held between Tim O'Brien, City Attorney, John Freund, attorney representing Burt Steve and Son Garage, Inc., and I in the City Attorney's office. The meeting had been requested by Attorney John Freund to discuss a June 8, 2006 letter I had sent to Steve Burt and Son Garage, Inc. telling them their tow contract proposal was out of compliance for not having met the inside storage General Specifications. At the meeting I was given a letter dated June 13, 2006, addressed to me responding to my June 8, 2006, correspondence. In the letter, Attorney John Freund asks for reconsideration of my position. According to the letter, Chad Steve informed the Awards Committee on their first inspection his plans for construction were for additional indoor vehicle storage and there was enough current indoor storage to store 30 vehicles making them in compliance with contract General Specifications. On June 14, 2006, I received a fax letter from Attorney John Freund describing where the inside storage is located on the 3360 Center Grove site. John Freund explained that there is a front building as well as a rear open-air building. The front building has indoor storage capability, is secure, fully lockable, and has motion lights and an alarm system with siren. Additionally, the open-air building can be equipped with doors and renovated with walls and additional security within one week. Attorney John Freund explains Burt Steve and Son Garage, Inc. has discussed these modifications with Dale 1 Junk and Mike Bonifas, and also discussed the overall facility with Jeff Manders , regarding adding a concrete floor to the west building and talked with Dan Pregler at Overhead Door concerning the addition of doors to the west building. Additionally, John Freund describes an alternate arrangement regarding indoor capabilities for inside storage at their 3366 Crescent Ridge site needing no modifications to meet the contract specifications. When the Awards Committee visited the 3366 Crescent Ridge site during the first inspection on May 26, 2006 they were told by Chad Steve to quit taking pictures or inspecting the site as the location for the tow contract was 3360 Center Grove. The June 14, 2006 letter ended with Attorney John Freund asking the Awards Committee to reconsider the position articulated in my June 8, 2006 letter offering the committee members to revisit the facility and/or view the facility at 3366 Crescent Ridge. DISCUSSION: On June 15, 2006, contact was made to the Tow Contract Awards Committee and Chad Steve to schedule a revisit. On June 15,2006,4:00 P.M., Awards Committee members: Ken TeKippe, John Klostermann, Tim Horsfield, Sue Brennan, Terry Driscoll, Scott Baxter, Mark Ludescher, and I went to 3360 Center Grove and met with Chad Steve and Attorney John Freund to re-inspect the facility. During the tour, Chad Steve showed committee members the two buildings where the inside storage would be contained. The first building is located on the east side of the complex and is a light gray metal building. The building is lockable but has no heating or ventilation. Chad Steve said he has stored 16 vehicles in the building. Chad Steve said this would be the building that would be used to process vehicles for evidence. The first building was measured and found to be 34 feet wide and 76 feet long. Chad Steve said Gary Pfab will still be using the attached garage area located to the west of the first building's storage area. To allow access, a wall would have to be built on the west end of the first building to provide for this separate entrance. Using an average size vehicle (Ford Taurus) of 6' X17', this building could store approximately 14-16 vehicles. The second building is located on the west side of the property and is a pole shed type metal building open on the east side. This is a north/south building and the area that would be used to store vehicles measures 45' by 77', allowing approximately 18-20 cars to be stored. Chad Steve said he would be installing doors on this area of the building. Currently, the floor is packed dirt and gravel. Chad Steve said he would be concreting the floor. Both the doors and the floor would be completed in a week once the contract was awarded. When asked if he would be building a new building as he had explained during the first inspection, Chad Steve said he had gotten confused and thought he had to provide inside storage for 90 vehicles. When he found he had to only store 30 vehicles inside, he would do that with the renovations he was now describing. When asked about the office, Chad Steve repeated the plans he had said during the first inspection, a second floor would be built above an area that would continue to be used by property owner, Gary Pfab. Chad Steve said the location would be staffed by an office person and a yard person and would be available seven days a week from 2 8:00 A.M. to 8:00 P.M. When asked about an attached building next to where the office would be located and within the storage yard area, Chad Steve said the building would continue to be used by property owner, Gary Pfab. To ensure no entry could be gained to the secured storage area, Chad Steve said a fence would be built between the rear of the building and the storage yard. With the property owned by Gary Pfab, Chad Steve stated he would work with Gary Pfab to have the necessary renovations completed. Chad stated Gary Pfab was unavailable to be present at the second inspection. RECOMMENDATION: In speaking to the committee members, the committee members said both buildings used for inside storage as described by Chad Steve remain out of compliance. The east building is not heated or ventilated and needs a west wall built to allow access for Gary Pfab to enter his portion of an attached garage. The second building located on the west side of the property is open on the east side, is not lockable and does not have a hard surface floor. The General Specifications require at the time of inspection: 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. Based upon the observations from the Awards Committee during the re-inspection, the site remains out of compliance for inside storage. As stated in the General Specifications - FACILITIES, p. 5, e, "Storage facilities shall be subject to inspection and shall be approved by the City prior to the award of any Contract." Having not met the specifications as outlined above, I recommend the Burt Steve and Son Garage, Inc. proposal for the 2006-2009 Tow Contract be removed from further consideration. ACTION REQUESTED: The action requested is to remove the Burt Steve and Son Garage, Inc. 2006-2009 contract proposal from consideration for non compliance of the General Specifications regarding the inside storage requirement. Cc: Cindy Steinhauser, Assistant City Manager Barry Lindahl, Corporation Attorney 3 Brian J. Kane Les V. Reddick'l' D. Flint Drake'I"~ Brad J. Heying Todd 1. Stevenson" Mary Beth Pfeiler Fleming Kevin T. Deeny John D. Freund KANE, NORBY & REDDICK, P.e. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 Of Counsel, Gary K. Norby All admitted in Iowa 'r Also admitted in Illinois *', Also admitted in Wisconsin Phone, (563) 582-7980 Facsimile, (563) 582-5312 E-mail: jfreund@kanenorbylaw.com June 13, 2006 Kim B. Wadding, Chief of Police City of Dubuque Police Department 770 Iowa Street P.O. Box 875 Dubuque, IA 52004-0875 RE: 2006 - 2009 TOW CONTRACT Dear Chief Wadding: We represent Burt Steve & Son Garage, Inc. with respect to its submission of a proposal for the 2006-2009 tow contract with the City of Dubuque. Our client has provided us with a copy of your letter dated June 8, 2006, in which you explain that our client's proposal is out of compliance for inside storage requirements, and that the contract general specifications are therefore not met. Respectfully, we ask you to reconsider this position. First, our client, through Chad Steve, its representative, informed the awards committee that he plans to construction additional indoor storage to accommodate vehicles. Our client currently has enough indoor storage capability for 30 vehicles. Furthermore, our client's statement to the awards committee makes logical sense in that it would not be a wise business decision to add additional indoor storage capabilities unless Burt Steve & Son Garage, Inc. were awarded the tow contract. We do not read the contract requirements and specifications as mandating pre-award compliance with every requirement but rather compliance during the term of the contract. In any case, our client is in compliance with the 30-vehicle requirement for indoor storage. On that basis alone, we ask the awards committee to reconsider the decision set forth in your June 8, 2006 letter. Should there be a need for additional indoor storage, our client is fully prepared to meet those needs in the event that it is awarded the tow contract. Requiring bidders to undergo construction or overhauls without any assurance that they will be awarded the contract essentially discourages bidders and effectively entrenches whomever already has the tow contract, which defeats the purpose of the competitive bid process. This is, however, a moot point, since our client does have indoor capability for 30 vehicles. KANE, NORBY & REDDICK, P.C. June 13, 2006 Page 2 Thank you for your attention to our client's concerns. We ask that you have the awards committee reconsider its decision to remove the proposal of Burt Steve & Son Garage, Inc., and we ask you to please respond to us at your earliest convenience. We look forward to your response. In the meantime, please do not hesitate to contact us directly should you have any questions. Thank you. Best Regards, KANE, NORBY & REDDICK, P.c. By Brimlf BJK:jdf cc Burt Steve & Son Garage, Inc. JUN-14-200B WED 03:45 PM KANE NORBY & REDDICK FAX NO, 563 582 5312 p, 02/03 liriJ.I1 J. K.ll1C L'~$ V. Reddick"" D. Flint Dr3ke:.:.<j> B,"dJ. Hcyin~ . Todd L. Stevenson>\- 1tlryBcth Neil<< Fleming KeV'i1l1~, Dl.:t:IlY jol11t D. Ilrculld KANE, NORBY & REDDICK, P.e. A T'fORNEYS 2100 ASIIURY ROAD, SUITE 2 DUBUQUE, IA 52001.:\069 Of Counsel: Gary K. Norby AU nduucred in Iowa :~ Also ild1l'l..itted in Illinois r,lf A\so adm..i.ncd in Wisconsin Phone: (56:\) 582.7980 r:.e,imile: (5(,3) 582.5) 12 E.~n~:U1: jf!C\.lrul@b.!lcnorbykw.com June 14,2006 VIA FACSIMILE 589-4497 and U.S. MAIL Kim B. Wadding, ChiefofPolice City ofDubuql~e Police Depattment 770 Iowa Street P.O. Box 875 Dubuque,1A 52004-0875 RE: BURT STEVE & SON GARAGK, INC. Dear Chief Wadding: Following up otlrmeeting oOune 13, 2006 and ourtelephonc conversation of June 14,2006, we have sLLpplcmental infonnation regarding the tow contract and our client's ability to meet the requirements set forth in the contract. As wc had discussed in our meeting, indoor vehicle storage was the issue for the awards committee, and you cited the open-air shed as being inadequale from a sccurity standpoint. On th<3 site at 3360 Center Grove in Dubuque, there is a front bllilding as wen as a rear open- air building. The front building has indoor storage capability, is secure, fully lockable, and has motion lights and an alarm system with siren. Additionally, the opcn-air building can be equipped with an overhead door and rcnovated with wal Is and additional security within one week Our client has discussed this with Dale Junk and Mike Bonifas, and it has also discussed the overall facility with Jeff Manders regarding paving, and the overhead door requirements with Dan Pregler at Ovcrhead Door. Between the front building and what is currently the open-air building, indoor storage 01'30 vehicles can be easily accommodated. Regarding additional seculity, the site in question has an eight foot (8') fence surrounding it, as well as a cydonc security fence and outdoor lighting. The security system attached to the front building has an outdoor siren, and it will also notify the security company, which will place calls both to our client as well as the police department. JUN-14-2006 WED 03:45 PM KANE NORBY & REDDICK FAX NO. 563 582 5312 P. 03/03 KANE, NORBY & REDDICK, P.C. June 14, 2006 Page 2 As an alternative to the anangement as described above, Burt Steve & Son Garage, Trlc. also has indoor capabilities at its site at 3366 Crescent Ridge. That indoor facility is also secmed and requircs no additional modifications to meet the contract specifications. Between the front building at 3360 Center Grove and the additional indoor storage at 3366 Crescent Ridge, our client can handle storage of 30 vehicles. Based l'pon this information, we again ask that the awards committee reconsider the position artic.l1lated in your June 8, 20061e((er to us. If you or other committee members would like to revisit the facility and/or view the facility at 3366 Crescent Ridge, we would encourage yon to call Chad Steve at 582-5082. Thank you for yotlr consideration, and we look forward to your response. In the meantime, please do not hesitate to contact us directly should you have any questions. Thank you. Best Regards, KANE, NORBY & REDDICK, P.C. BY~"~'F~ cc Burt Steve & Son Gorage, Inc. cr:7.0 t\,f"\- ~i ~~' . 'C ITYOF D UB~U QUE' ..:. ',:; ':'6WING SERVicECONTFJ.CT ': :>, .~'j:FY2067~fY2009: ',' C ,~. . "'O'~"'p""V' " ',. '''c- -":'>' ,'i ',_ ......- ....,.,...- ..'-:::C. .. .. .,.,'5"d:_ .":-,,,' "-;':,.::. ",'- ,',:.. ',",,' .,,', :::::::.,:....-...,. -:,; .. ..: ',:', ..,',', ..",', ,..-..... ".... .....,.'., ',',';' " ....' ,- ..~_:,' -".; ~"C" ISSUING AGENCY: City of Dubuque, Iowa CONTRACTOR: Wenzel Towing 275 Salina Street, Dubuque, Iowa 52001 The Contractor agrees to meet, maintain, and perform all services and to comply with all terms and conditions as set forth herein. The Contract shall be effective as of 12:01 A.M. July 1,2006, 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. I 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. II 4 I 9. REPORT OF SERVICES: I 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 I 14. NOTIFICATION: I The City shall notify, by certified mail, within twenty (20) days of the date of taking an abandoned vehicle into custody, the last known registered owner and any known lien holder at the last known address that an abandoned vehicle has been taken into custody. 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. {fr;;?;;?-oro CITY O~QUE By: !) J",.--I Date:. ~/~~ ~ 9 C 0 N T RAC TO R TO C 0 M P L ET E AL L B LAN KS I A. Offi ce , B U s i n ess Fac i I ity a n d M a i n Stora g e (See Tec h n i ca I S pecifi cati 0 n ) I L ocat i 0 n I B .. Ad d iti 0 n a I Sto rage Com po U n d S .',<'"..,.,., '.".,0,,,....., "'i:;_ , I .-':'-<'''c'' ( 1 ) (2 ) C. :<<(09,Y9!! "haye.any'asse>c::i*ti.Qn,:#C>.tlilec,tii:)ii,'affiJiatiol1, orfi.l'lclIJCial..ihteres(:;'t, . ,- :, ..... .'. .in~~'~IJ!()~Wbil~..()~!r'1J7.~,:~A~~~!I~~'I,P1~~,!,~,h()gl..~~IXilg~, .()~. ~ElcXc::lirl5!...',......,'. ...... "',", bUSiness? See T e.chnlcal. SiJeclficatlon ,;;;".t.:",':,."..{. . <-.,'< (,-,;, y E S [J N 0 [J If yes . 1 ) N am e a n d Ad d res s of S h 0 P N at u re of As so ci a t i 0 n 2 ) N a m e a n d Ad d re s s of S h 0 P N at u re of Asso c i a t i 0 n 0 . Type of B U s i n es s o ""Mrship:, ~91~'i~r()Rriet()rsHip.. . 0 :.' ,....... ;-'.'....- -..-.........".,. .; ".".c-- ..<,>:J'....~ .' p~r-(ne.r.sfi!~;i:;..i,..,(.i..i 0 ...':i"!.....,. . I. SIJ 1?$.9()rpO.l;atiCln);:. 0 "'".;', '. ; ',. I :: ,. .' . ReaularCorDoration ... 0 1 0 List all owners (See Competency of Contractors): 1 ) 2) 3) YES [J NO [J Certificate of Insurance will be required at the beginning of the contract and each anniversa thereafter. F.' 1) Company/City: Manager/Contact: 2) Company/City: Manager/Contact: 3) Company/City: Manager/Contact: 11 G.. Lisfequipment(Type, Year, Make, Serial. No., License Number)that y()u will 'll'Ia~e,'l!\jl!ilablet9perform this. Contr;:!ct,Jfa"Yar~~d.. .(Se~Technicali .. . ...Spec:ification)':................. .. '.. .............. ...... ...... ...>..:.;....'.....:,........... ..... .>i.........}.... '. . .... # Class Year Tvpe of Veh icle Serial N umber License N urn ber 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 12 I . H. ". St<3t~l11~nt of Qualifications: (SEle General Specifications, CompetencY9t ....... :" ,,' .... Contractor) .... ',';," .. "~'. ".. .' .. ". Attach additional sheets as necessary 1 3 I . ATTENTION: SUBMIT SEPARATELY WITH GROUP II PRICING IN SEALED ENVELOPE "'::,'~" "'"" ,'c, , "'I,j oRooOSE'O"RA"TES"A'"N' 'ociC"H"AR"G'ES" :,<:t:;~~.(~-/:t:\!'7,i,~,:;,::;i'~,;-.'~ 'r: .;.' ;17~" -,_, 'l\;., 0.: ,:. ,;.: ,-,.,: ',,},,:: '-,.:. _ ",-_ _ . List your proposed rates and charges (Prices must remain for the first year of the Contract. Any fee or change may be negotiated only thirty days on or before the anniversary date each year): NOTE: The City of Dubuque does not guarantee or imply any specific number of tows or other service that will occur during the life of this Contract. GROUP I. Rates for Group I apply to those vehicles that are NOT owned by the City, but for which service is performed as a result of a call from a Dubuque City Police Officer. Group I will not apply to City owned or leased vehicles that are included in Group II. GROUP I. Class A R~~~}~~~1~~~)~{~};:~M,I,,~l~j{mY:eE:~0;~;,r~~~I~~~~; ~~~~fl~~~lt~it:fQ:(:Jt{$:if~~~~~~~;: ~fJtj:&Xi:l~}R..tQ;~~~~j'lY, From 6 :OOAM to 6 :00 PM From 6:00PM t06:00 AM $ 45.00 $ $ 335.00 $ 40.00 $ 40.00 $ $ 25.00 $ 2.25 $ $ 10.00 15 half hour GROUP I. Class C: Towing and/or Recovery ~mPR1(;;Er:*1 $ 100.00 $ 100.00 GROUP I. STORAGE 15 I . ATTENTION: SUBMIT SEPARATELY WITH GROUP I PRICING IN SEALED ENVELOPE 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. 11Lx~it;j~;!'ii'\;'~{H(j'.t.:JRSW,i'ii~j;~j~i~"11@11'%iii~gBJCf;1~&!liH.1 From6:00 AM t06:00 PM $45.00 From6: 00 PM to 6: 00 AM $ 55.00 $ 35.00 $ $ 40.00 $ 30.00 $ 25.00 $ 2.25 $ 20.00 $ 10.00 GROUP II. Class C: Towing and/or Recovery I'.f".... 'C'6'''~''''''''1 '''''''''PRI -,"""" :C:>j~i'fj:;-;': ..,-i .,', "" :~,.::;i~t~~';\~': $100.00 $ y~~J (;r V /~.?_~ 16 II INSURANCE SCHEDULE Attachment A II 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 I - 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, lowa_ 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 CITYOFDUBUQUE, IOWA GOVERNMENJALIMIVI.lJN1T1ES ENDORSEMENT. ,,-, " ,""-:,.: .',....,....<,:.......:<.:...>.:-:..',::. ': . :>-. : '::,::" .'.;:~:.:. .. " " .. ':-.. ". : ',:"".:-""., ,_.. ,...... ,,0_," ,_,,':,:._._','_ ._,_..',0.,,:.....,...:.',.......' ,,' -, ..........".. '" :,...,....., .......--.......,... Attach~ent C 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 670A 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 670A as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670A 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 POLICY NUMBER Attachment D II COMMERCIAL GENERAL LIABILITY II 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 I . II Attachment E II 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 - " ;:.t !r ;fr-'~\ 1 1 1 1 1 1 1 1 1 1 1 'i 1 I I I I I / :, , ~n " " I ',. \10) .I~J , I "'':'' I '\- I I I I I I I I I I I I I I ~-~ t":l\ ,?~f ,,"~ -'~::~ . - ~.:~~~, . l,.l, f}'" l~_{r. ";' . ..~-~~ '<-' ~ ~'-> t ",=- , .~ " "', J, " I "'-.......) , I , I ..; l - } 1 ~ , j ,. ,:,,' "1; I'). I ~:., . i<i ':t:: , . . '. ~ ., ,/ " ~t~~ , . , ';~.~\~ , 't; ~'" , , J;, 'j :'.:' ......, (l .~ . , ! Ii I I i I i I I I i I I \ .. ,.,.' .~~ " '/"0 :, '.~:..; ," ,~ .,...- ./. '\.:. "1r": r: ",i:<,'. " .J.-v 1, ,to ',-' , . .~l . .~~ . . . . ,"1' ,. .. I \ \. .. I~.. ~.~ ,If! If I 't '. ;';r" 1 , f .~~ , IH1~1 !ilp" J1(. /iJ '. , I ! ~ )' ~ " I \ \ \ ,. I I I .! , , : : : i ! ! j ~ \ \ \ ! " , \ ;- ': ,. ". j ~. ~),t r ;,',:\~ 1 '.1 \.... .../ ~ '; , . / i( 1/,.1i 'l f "', #,' " I '"'' . I ,1 , ,~ j;) " \t;~ ,1\'" ,,~ i'~ I .~';. :',;'4 -,. ;'.\ '..'''''''. ~;t ~~r c' "''''i$;. . ',' " ,t ~t~, , "(ii~,~ ::, \~1'1 i\I.it'!.~,l, T m'" f, '~,l/t,",I",'~'~,';,';,\'" . , f";t:'.,,; t\~~, ; . ' .,111.,\~ _"; ...,1li,,;;,JI i \ I r , ~, I , :, I) l. . '. ------.. . , ;, d{'