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Signed Contracts Towing Service Contract Amendment_Wenzel TowingCopyright 2014 City of Dubuque Consent Items # 23. ITEM TITLE: Signed Contracts Towing Service Contract Amendment with Wenzel Towing SUMMARY: Wenzel Towing Service Contract Amendment to FY 2016- 2018 Contract SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Wenzel Towing Contract Amendment 2015 Type Supporting Documentation ISSUING AGENCY: City of Dubuque, Iowa CONTRACTOR: Wenzel Towing, 3197 Hughes CL, Dubuque, IA 52003 This AMENDMENT TO THE CITY OF DUBUQUE TOWING SERVICE CONTRACT is dated for reference purposes the qday of August, 2016. Whereas, the City of Dubuque (City) and Wenzel Towing (Contractor) are parties to a Towing Service Contract (Contract) that became effective July 1, 2015 and runs until midnight, June 30, 2018; and Whereas, the City and Wenzel now desire to amend the Contract as set forth herein: 1. Section 7 is now amended to read as follows: a. 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." b. If a wrecker is summoned for towing services by a City Parking Division employee, a present owner/operator of a vehicle subject to impound by the City shall be given a 15 minute period of time from the arrival of the wrecker to make arrangements to pay any outstanding City fines or fees before the towing service's "STANDBY TIME FEE" shall apply. In other words, if arrangements are made within 15 minutes of the arrival of the wrecker, only the "SHOW UP FEE" will apply. The owner/operator pays outstanding City fines or fees and the "SHOW UP FEE" as listed on the attached rate sheet. c. After 15 minutes of time following the arrival of the wrecker, the towing service shall be entitled to charge the first half hour "STANDBY TIME FEE" as listed on the attached rate sheet if the towing service is still waiting for a determination to be made that the City is going to impound the vehicle and the 1 towing service has not been able to begin operations to impound said vehicle. The above shall have no effect regarding the applicability of the towing service's "SHOW UP FEE" charge. IN WITNESS THEREOF, the parties hereto have executed this Contract Addendum. CONTRACTOR: By: kle,d Date: /// / a `6 i• CITY OF DUBUQUE: By: Date: (00 2 Kevin Firnstahl From: Terry Tobin Sent: Friday, April 21, 2017 1:53 PM To: Kevin Firnstahl; Jean Nachtman Subject: FW: Proof of Insurance for Kunde Enterprises, LLC DBA Wenzel Towing, Burt Steve LLC Attachments: Certificate.pdf Kevin and Jean, Attached is the renewed insurance certificate for Wenzel Towing for inclusion with the current City Tow contract. I have a copy and have printed it off and placed with my tow contract documents, Kevin I'm assuming you will want one to place with the original contract. Jean, not sure if you need one but I always forwarded them to Ken TeKippe for his review when I received these. I have reviewed the coverages and they appear to me to meet all of the contract insurance requirements. Workmen's comp is not included with this certificate in that Wenzel's has that coverage with a different company. That policy expires next month according to Wenzel's and they will forward a copy of that coverage when they have received the renewal certificate. Terry Original Message From: Ansay & Associates, LLC. MSN [mailto:Mail-Server@csr24.email] Sent: Friday, April 21, 2017 1:42 PM To: Terry Tobin <Ttobin@cityofdubuque.org> Subject: Proof of Insurance for Kunde Enterprises, LLC DBA Wenzel Towing, Burt Steve LLC Click https://www. mailcontrol.com/sr/G2bzhxMvm4rGX2PQPOmvUtVTDJsKpCsgdYAI!y1UmMhyzkkSgOMyt+kmZ8g7DaN1YF a2ehQ!pyoVpvj!OtdP1Q== to report this email as spam. 1 AC ® CERTIFICATE OF LIABILITY INSURANCE 4/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate holder in lieu of such endorsement(s). PRODUCER Ansay & Associates, LLC. MSN 702 N High Point Road Suite 201 Madison WI 53717 DATE (MM/DD/YYYY) INSURED KUNDENT-01 Kunde Enterprises, LLC DBA Wenzel Towing, Burt Steve LLC 3197 Hughes Court Dubuque IA 52003 SUBROGATION IS WAIVED, subject to certificate does not confer rights to the NAMEACT Connie Easland PHONE (AJC Nn_FxFl 608-828-0232 E-MAIL ADDRESS: Connie.easland@ansay.com FAX 608-831-4777 (A/C. Nol: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Pioneer Specialty Insurance Co 40312 INSURER B : 1 INSURER C : 1 INSURER D : 1 INSURER E : 1 INSURER F : COVERAGES CERTIFICATE NUMBER: 1043163520 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY Y CPP108802003 4/24/2017 4/24/2018 CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT X POLICY OTHER: A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS A X UMBRELLA LIAB EXCESS LIAB DED X RETENT ON $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below LOC SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE Y/N NIA CPP108802003 4/24/2017 4/24/2018 CPP108802003 4/24/2017 4/24/2018 A Garagekeepers/on hook CPP108802003 Cargo EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 4/24/2017 4/24/2018 Garagekeepers/onhook 250,000 Cargo 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER City of Dubuque City Finance 50 West 13th Street Dubuque IA 52001 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE all geow © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Kevin Firnstahl From:Terry Tobin Sent:Friday, May 05, 2017 3:23 PM To:Kevin Firnstahl; Jean Nachtman Subject:FW: Proof of Insurance for Kunde Enterprises, LLC DBA Wenzel Towing, Burt Steve LLC Attachments:Certificate.pdf Attached is the renewal insurance certificate and related endorsements for Wenzel Towing for inclusion with the City Tow Contract. Terry -----Original Message----- From: Ansay & Associates, LLC. MSN \[mailto:Mail-Server@csr24.email\] Sent: Friday, May 05, 2017 2:13 PM To: Terry Tobin <Ttobin@cityofdubuque.org> Subject: Proof of Insurance for Kunde Enterprises, LLC DBA Wenzel Towing, Burt Steve LLC Endorsements will follow after the policies are issued Click https://www.mailcontrol.com/sr/7t6y!i2Pz9fGX2PQPOmvUrwS+HatjSAfoRt4MCeFz47iGtqz1bKTzH5gZ!qVgg!ZJq5ewuU1 Pvyn9BVBzDB66w== to report this email as spam. 1 AC ® CERTIFICATE OF LIABILITY INSURANCE 5/5/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate holder in lieu of such endorsement(s). PRODUCER Ansay & Associates, LLC. MSN 702 N High Point Road Suite 201 Madison WI 53717 DATE (MM/DD/YYYY) INSURED KUNDENT-01 Kunde Enterprises, LLC DBA Wenzel Towing, Burt Steve LLC 3197 Hughes Court Dubuque IA 52003 SUBROGATION IS WAIVED, subject to certificate does not confer rights to the NAMEACT Connie Easland PHONE (AJC Nn_FxFl 608-828-0232 E-MAIL ADDRESS: Connie.easland@ansay.com FAX 608-831-4777 (A/C. Nol: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Pioneer Specialty Insurance Co 40312 INSURER B : 1 INSURER C : 1 INSURER D : 1 INSURER E : 1 INSURER F : COVERAGES CERTIFICATE NUMBER: 1993265791 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY Y CPP108802003 4/24/2017 4/24/2018 CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT X POLICY OTHER: A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS A X UMBRELLA LIAB EXCESS LIAB DED X RETENT ON $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below LOC SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE Y/N NIA CPP108802003 4/24/2017 4/24/2018 CPP108802003 4/24/2017 4/24/2018 A Garagekeepers/on hook CPP108802003 Cargo EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 4/24/2017 4/24/2018 Garagekeepers/onhook 250,000 Cargo 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commission and/or authorities and their board members, employees and volunteers are named as additional insureds on a primary & non-contributory basis. Preservation of Government Immunity & Deletion of Fellow Employee endorsements will follow. CERTIFICATE HOLDER CANCELLATION City of Dubuque City Finance 50 West 13th Street Dubuque IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE all geow © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD WN IL 02 07 07 ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. ADDITIONAL INSURED - CG2010 - EXTENDED NAME READS AS FOLLOWS: THE CITY OF DUBUQUE, INCLUDING ALL ITS ELECTED AND APPOINTED OFFICIALS, ALL ITS EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSION AND/OR AUTHORITIES AND THEIR BOARD MEMBERS, EMPLOYEES AND VOLUNTEERS 50 W 13TH DUBUQUE, IA 52001 WN IL 02 07 07 POLICY NUMBER: CPP 1091621 03 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF DUBUQUE AS REQUIRED IN A WRITTEN (SEE ATTACHED WNIL02) CONTRACT 50 W 13TH DUBUQUE IA 52001 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", property damage" or "personal and adver- tising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organiza- tion other than another contractor or sub- contractor engaged in performing opera- tions for a principal as a part of the same project. c' Insurance Services Office, Inc., 201 2 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section!!! — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Declara- tions. c' Insurance Services Office, Inc., 2012 CG 20 10 04 13 WN IL 02 07 07 ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. NONWAIVER OF GOVERNMENTAL IMMUNITY, THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF DUBUQUE, IOWA AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF DUBUQUE, IOWA UNDER CODE OF IOWA SECTION 670.4 AS IT IS NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERNEMENTAL IMMUNITY UNDER THE CODE OF IOWA SECITON 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TIME. THOSE CLAIMS NOT SUBJECT TO CODE OF IOWA SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS OF THIS INSURANCE POLICY. 3. ASSERTION OF GOVERNMENT IMMUNITY. THE CITY OF DUBUQUE, IOWA SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY AND MAY DO SO AT ANY TIME AND SHALL DO SO UPON THE TIMELY WRITTEN REQUEST OF THE INSURANCE CARRIER. 4. NON -DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE UNDER THIS POLICY AND THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE CITY OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF GOVERNEMENTAL IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE(S) OF GOVERENMENTAL 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. WN IL 02 07 07