Police Towing Contract Recommendation 2006-2009
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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:
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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 \..--
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim Wadding, Chief of Police
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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
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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.
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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
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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.
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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.
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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
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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
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