HomeMy WebLinkAbout8.b. Vehicle Towing & Impounding - Award Contract for Services � CITY OF ROSEMOUNT
E%ECIITIVE SUfMMARY FOR ACTION
CITY COUNCIL MEETING DATE: JUNE 21, 1994
AGENDA ITEM: VEHICLE TOWING & IMPOUNDING - AGENDA 3ECTION:
AWARD OF CONTRACT FOR SERVICES NEW BUSINESS
PREPARED BY: AGENDA ��� � � �
ELLIEL KNUTSEN, CHIEF OF POLICE
ATTACHMENTS: SPECIFICATIONS, BIDS & EQUIPMENT APPROVED BY:
LIST
The current two year contract for towing service with Magnum Towing Service
expires on June 30, 1994.
On May 12, 1994, the City advertised for bids for towing and impounding of
vehicles and asked for sealed bids to be received by the City Clerk's
Office until 10: 00 A.M. on the 6th day of June, 1994, at which time the
bids will be publicly opened. Two bids were received on June 6, 1994 . The
two bidders were Magnum Towing Service of Eagan and Suburban Towing, Inc.
of Hastings, Minnesota. Attached are copies of the bids received.
Following the guidelines set in the specification packet (Award of Bid) ,
the low bidder was Suburban Towing, Inc.
On June 13 , 1994, I was informed by the president of AAA Auto Salvage in
Rosemount that his corporation is severing the business relationship with
Suburban Towing, Inc. AAA Auto Salvage was under contract with Suburban
Towing to provide the storage requirements under Section 2 (D) of the
specifications. As the impoundment services cannot be met as specified in
the Suburban Towing, Inc. bid proposal, the award of the towing contract
should go to Magnum Towing Service.
Upon approval of a contract with Magnum Towing Service, Magnum Towing
Service must include a Contractor's Performance Bond and a Contractor's
Insurance Certificate as part of the contract documents.
RECOMMENDED ACTION: MOTION TO RECEIVE THE BIDS AND TO AWARD THE
TOWING AND IMPOUNDING OF MOTOR VEHICLES CONTRACT TO MAGNUM TOWING
SERVICE.
COUNCIL ACTION:
' /Y�AGn.c�,� (o�.�%i�.G SE�vic e
EQUIPMENT LIST.
1978 GMC truck/tractcr w/Holmes 600 16ton twin line boom
with Challenger T-3 heavy duty underlift.
1992 chev. 3500 4x4 1 ton w/Challenger 4711 10 tcn boom
with 3500 lbs . wheel lift .
1994 GMC Top Kick w/challenger 4812 --
16 ton boom w/SOQO lbs . wheel lift
1991 GMC Top Kick 2 ton w/Challenger 19 ft. flatbed
with 3500 lbs . wheel lift .
1987 Chev. K-30 4x4 1 ton w/Challenger 4711 l0 ton boom
with 3500 lbs wheel lift.
I984 Chev. 5-14 4x4 Pickup w/road service equipment.
ALL UNITS EQUIPPED WITH,
Brooms , shovel , pail ,
Fire extinquisher, flares, frist aid kits,
Scotch blocks, snatch blocks, safty chains .
Air compresser, qas can, tire tools .
Car unlocking kits .
Warning lights, arrow sticks .
SERVICE TRUCK EQUIPMENT
12 Gallons diesel fuel
6 Gallons gas
Truck starting unit
F1oor jack
Truck tire tools
June 6, 1994
ITEM # 10 - AWARD OF BID
Weighing of Bids
Suburban Towing, Inc. Magnum Towing Service
BID WEIGHT RESULT BID WEIGHT RESULT
Type 1' 38.00 40% 15.20 44.00 40% 17.60
Type 2 45.00 05% 2.25 48.00 05% 2.40
Type 3 38.00 05% 1.90 44.00 05% 2.20 --
Excess hourly rate 10. 00 05% .50 20.00 05% 1.00
Loaded mile rate 1.50 05% . 08 1.00 05% .05
Storage charge 8.00 40� 3 .20 10.00 40% 4.00
TOTAL 140.00 100% 23.13 167.00 100% 27.25
BIDDER'S FIRM NAME: ) � /�'1 c
OFFICIAL ADDRFSS: �{U`�
a
TELF.PAONE NO.: v�� " 7�O /
FAX NO.: ��� - LJ y l oZ
PROPOSAL FORM
VEffiCLE TOWII�TG AND IMIPOUNDING SERVICFS .
To The City Council of
Rosemount, Minnesota
28'75 - 145th Street West
Rosemount, Minnesota 55068 -
City Officials:
The undersigned has exami.ned the contract documents including the Advertisement for Bids, General Bid
Information, Towing and Impoundi.ng Specifications, 5urety and Insurance Requirements and Affidavit of
Non-Collusion for vehicle towing and impounding services on file in the office of the City Clerk of the .
Ciry of Rosemount, Minnesota and proposes to provide towing and storage for the City of Rosemount as
follows:
1. TOWING PROPOSAL:
Type 1 Tows $�U, p o per tow
Type 2 Tow s $ ���o o per tow
Type 3 Tows $ •�� per tow
Hourly charge for
hours in excess of
one (1) hour pre- . - - _
pari.ng vehicle to �
be towed. $a�_ DO per hour
Loaded mile charge .
for any vehicle
towed beyond the
City limits at the
request of either
the City or the
vehicle owner. $ -�per mile
2. I1��OUNDING PROPOSAL: •
Storage charge for
each 24 hours or
fraction thereof. $ �Q.�
3. TOWING EQLTIPNIFNT:
A detailed description of each tow truck to be available for the provision of services described in the
specifications accompanies this bid pmposal.
4. BID SECURITY:
A bid security in the amount of One Thousand ($1,000.00) accompanies this bid proposal.
5. STAT�IVIENT OF NON-COLLUSION:
A statement of non-collusion has been executed and accompanies this bid proposal.
6. The Contract shall be awarded to the lowest responsible bidder as specified in Section I.F.10.
7. It is understood that the right is reserved by the City to reject any and all bids and that a bid may
not be withdrawn until forty-five (45) da.ys after the time the bids are opened. If this bid is
_ accepted, the undersigned agrees to execute pmposed contract and to furnish properly executed
insurance and bonds as required in the contract documents within ten (10) days after acceptance of --
this bid by the City Council.
8. Subcontracts: The contra.ctor who submits the bid shall furnish to the City all contracts entered into
with another contractor. '
9. In submitting this proposal, the Undersigned acknowledges receipt of Addenda Nos. issued
to the Contract Documents.
10. If a corporation, what is the state of incorporation?
11. If a partnership, state full name of all co-partners.
Official Address Firm Name��(��ld�2? ,�nl.tlr��r�'�
� i �C 'L
�. By
�..�3 Title � C,Jit�e�
� • By
DateJ GCV1 E (0 1994 Title
_ 2 _
_ � BIDDER'S FIRM NAME�uburban Towing Inc.
OFFICIAL ADDRFSS: 4 0 Spi r a v .
. Hastings, MN
TEI.EPHONE NO.�12) 4 3 -6 9 68
FAX NO.:
PROPOSAL FORM
VEffiCLE TOWIl�TG AND IlV�UNDING SERVICES
To The City Council of
Rosemount, Minnesota
2875 - 145th Street West
Rosemount, Minnesota 55068 -
City Officials:
The undersigned has examined the contract documents including the Advertisement for Bids, General Bid
Information, Towing and Impounding Specifications,:Surety and Insurance Requirements and Affidavit of
Non-Collusion for veiucle towing and impounding services on file in the office of the City Clerk of the
City of Rosemount, Minnesota and proposes to pmvide towing and storage for the City of Rosemount as
follows:
1. TOWING PR4POSAL:
Type 1 Tows $ 3 8.0 0 per tow
Type 2 Tows $ 4 5 .0 0 per tow
Type 3 Tows $ 3 8. 0 0 per tow
Hourly charge for
hours in excess of
one (1) hour pre-
pari.ng vehicle to
be towed. $ 10.0 0 per hour
Loaded mile charge
for any vehicle �
towed beyond the
City limits at the
request of either
the City or the
vehicle owner. $ � . 5 0 per mile
2. Il1�IPOUNDING PROPOSAL: �
Storage charge for
each 24 hours or _
fraction thereof. $ 8.0 0
3. TOW�VG EQUIPMENT: �
A detailed description of each tow truck to be available for the provision of services described in the
specifications accompanies this bid proposai.
4. BID SECURITY:
A bid security in the amount of One Thousand ($1,000.00) accompanies this bid proposal.
5. STAT'��✓IENT OF NON-COLLUSION:
A statement of non-collusion has been executed and accompanies this bid proposal. .
6. The Contract shall be awazded to the lowest responsible bidder as specified in Seetion I.F.10.
7. It is understood that the right is reserved by the City to reject any and all bids and that a bid may
not be withdra.wn until forty-five (45) days after the time the bids are opened. If this bid is
acceptecl, the undersigned agrees to execute proposed contract and to furnish properly executed
� insurance and bonds as required in the contract documents within ten (10) days after acceptance of
this bid by the Ciry Council.
8. Subcontracts: The contractor who submits the bid shall furnish to the City all contracts entered into
with another contractor.
9. In submitting this proposal, the Undersigned acknowledges receipt of Addenda Nos. issued
to the Contract Documents.
10. If a corporation, what is the state of incorporation?
Minnesota
11. If a partnership, state full name of all co-partners.
Official Address Firm Name Suburban Towing Inc.
460 Spiral Blvd. �i�
Hastings, MN 55033 B� David B. Shanley `
_,_- .- .
Title President
By
Date June 1 1994 Title
- 2 -
CITY OF ROSEMOUNT, MINNESOTA
REQUEST FOR SEALED BIDS FOR
TOWING AND IMPOUNDING OF VEAICLES
INFORMATION/INSTRUCTIONS/SPECIFICATIONS
I. GENERAL BID INFORMATION
A. Purnose of Takina Bids: It is the City's intent through the
specifications to enter into contract with the successful bidder to
provide towing and impounding services for vehicles within the corporate
limits of the City of Rosemount. These services shall be provided on a 24
hour basis 365 days a year at a reasonable cost and under the conditions
prescribed by the City.
B. Scobe of Contract: The successful bidder, so long as it meets the
specifications in terms of contract, shall have exclusive rights to
provide towing and impounding services as needed by the City of Rosemount
during the contract period. The contract however will not provide the
successful bidder with any rights regarding towing and impounding
activities under the jurisdiction of either County or State law
enforcement officials, even though their jurisdiction is exercised within
the corporate limits of the City.
It is estimated that approximately 200 tows per year will result from this
contract but this figure may vary and the Citg is in no way warranting or
guaranteeing that this amount of towing activity will take place and no
bidder, in preparing its response to this Request for Bids shall rely on
this estimate.
C. Term of Contract: The contract arising from this Request for Bid shall
commence on July 1, 1994 and terminate on June 30, 1996, with the option
of renewal based on performance and City Council approval.
D. Bidders' Dutv to Obtain Information: Bidders are charged with the
responsibility of fully acquainting themselves with the conditions of all
bid documents and contract conditions. Bidders must inform themselves
fully of pertinent local conditions and ordinances in the City of
Rosemount as well as applicable State law and other issues which may
affect their bids or performance under the contract.
E. Contacts with the Citv: Rosemount City Clerk, Susan M. Walsh, shall be
the exclusive contact for any questions by or requests of potential
bidders. Ms. Walsh's address and telephone number are as follows:
2875 - 145th Street West
Rosemount, MN 55068
423-4411
Bidders should not contact any other City officials regarding this Request
for Bid and the City shall not be bound by any information obtained by
potential bidders from persons other than Ms. Walsh.
F. General Reauirements:
l. Preparation of Bids: Bids should be submitted on the bid forms
provided or facsimile thereof and must be signed by the bidder or
its authorized representative.
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2. Chanaes or Corrections to Bids: Any changes or corrections to any
data in a bid provided by a bidder must be initialed in ink by the
person signing the bid.
3. Bid Securitv: Security in the amount of One Thousand fS1,000.00)
Dollars shall be submitted with the Bid Proposal. Failure to submit
Bid Security in the appropriate amount ahall result in rejection of
the bid. The bidder, at its option, shall furnish either a Bid Bond
in favor of the City of Rosemount or a certified or cashiers check
made out to the City for cash deposit.
Bid security deposited by unsuccessful bidders will be returned as
soon as practicable after a bid award is made. The Bid Security of
the successful bidder will be held until the successful bidder and
the City have entered into a contract and all contract materials,
including a performance bond, have been submitted.
4. Submission of Bids: Bids must be submitted prior to 10:00 AM, June
6, 1994 and contain the following information:
a. A fully completed Bid Proposal.
b. Bid Security in the appropriate amount.
c. A description of your towing equipment.
d. The Affidavit of Non-Collusion.
The bid and all required documents submitted with or made part of
the bid shall be enclosed in a SEALED OPAQUE ENVELOPE. This
'envelope shall be addressed to:
City Clerk
City of Rosemount
2875 145th Street West
P. O. Box 510
Rosemount, MN 55D68
and shall clearly state on the FRONT of the envelope in the lower
left or upper right corners this inscription:
"SEALED BID FOR VEHICLE TOWING & IMFOUNDING SERVZCES"
The bidder's name and address shall be printed on the envelope in
the upper left-hand corner.
5. Withdrawal of Bids: Bids may be withdrawn at any time prior to the
bid opening upon written or in person request of the bidder.
6. Receipt and Openina of Bids: Al1 bids received prior to the time
set forth in paragraph I.F.4 above shall be received and opened by
the City. Bids received after the ti.me set forth in paragraph I.F.4
shall be returned to the bidder unopened.
Bidders and other interested parties may be present at the bid
openinq and the contents of all bids received will be made public
for their information.
7. Rejection of Bids: The City reserves the right to reject any and
all bids received.
2
8. Bid Price Errors: In the event that a bidder's unit pricss and
extension of those prices are in conflict, the unit bid price shall
govern and be accepted by the City.
9. Informalities and Minor Irreaularities: The City, at its
discretion, reserves the right to waive any informality or minor
irregularity in any bid received.
10. Award of Bid: Specifically, the low bidder shall be determined on
the basis of which bid is lowest for the type 1, type 2, and type 3
tows. Since it is anticipated that there will be more type 1 tows
than those of any other type, the City will "weight" the bids far
purposes of determining the low bidder. Type 1 tows shall be given
a weighting of 40 percent, storage charges shall be given a
weighting of 40 percent, and all other bids shall be individually
given a weighting of 5 percent.
11. Contract, Bond and Insurance: By submitting a bid, the bidder
agrees that, if it receives the bid award, it will enter into the
contract under the terms and conditions contained in Section II of
this Request for Bid and shall meet all other specifications and
conditions of this bid, including the provision of a valid
performance bond and the obtaining and retention of insurance.
The successful bidder agrees that, should it fail to meet these
terms and conditions, it will forfeit the Bid Security provided with
its Bid Response.
II. TOWING AND IMPOUNDING SPECIFICATIONS
A. Towinq Availabilitv: The successful bidder ("Contractor") must provide
towing and impounding services for the City of Rosemount on a continual 24
hour basis 365 days per year.
B. Response Time: The Contractor must appear at the site of the vehicle
which is to be towed not later than twenty (20) minutes after it receives
the call for towing services. In the event the Contractor fails to so
respond, the City may call any other party to perform the towing and
impounding services and, in such event, the Contractor wi1L pay any
difference in cost between the towing and impounding services actually
provided and the cost specified in the Contractor's bid.
C. Towincr Eauipment: The Contractor, as a minimum, shall be capable of
furnishing two (2) tow trucks at the same time. One tow truck, at a
minimum, shall be capable of towing vehicles equivalent in size to three-
quarter ton pickups. The second tow truck shall be capable of towinq
vehicles larger in size than 3/4 ton vehicles.
Each bidder shall supply a detailed description of each tow truck to be
available for the provision of services under this contract.
D. Impoundment Facilitv: Contractor must provide an impoundment facility to
which it will tow all vehicles requ'ired under this contract which is
located no farther than two (2) miles from the corporate limits of the
City of Rosemount.
The impoundment facility must be capable of storing all vehicles which
must be towed pursuant to this contract. The Contractor agrees to keep
safely all impounded cars, accessories and personal property, and to
reimburse the City and the owners for any loss. All personal property
estimated to be of a value of $100.00 or more shall be removed from the
3
vehicle and stored in a secure place on the impoundment lot.
No work shall be done on any impounded vehicle by the Contractor and
Contractor shall not allow any other person to work on a vehicle until the
vehicle has been reclaimed. During the time the vehicle is impounded,
Contractor shall permit the owner or any other person to take or remove
from an impounded vehicle any parts or change or repair any part. The
contractor shall, however, allow the vehicle owner, once ownership is
established under the provisions of II.M., to remove any personal property
from any vehicle not being held by the Rosemount Poiice Department for
evidentiary or investigative reasons.
All vehicles which have been involved in criminal proceedings and which
are designated by the Rosemount Police Department as being held for that
reason may be ordered by the Rosemount Police Department to be stored at
an alternate location. In this event, no liability shall accrue to the
Contractor for the care and custody of the vehicle after Contractor
completes the tow.
At least once each two months, Contractor shall check the theft status of
all impounded vehicles.
E. Actual Towina Activities: All vehicles shall be towed in, not driven, and
the towing services shall be performed without any damage to the vehicle
being towed.
F. Tvpes of Tows: Each vehicle towed shall be considered a separate tow for
purposes of application of charges. The Contractor shall use the least
expensive type of tow appropriate to the situation. Tows shall be of
three types:
TvAe 1 - Any vehicle equivalent in size or smaller than a
three-quarter ton pickup.
Tv»e 2 - Any vehicle larger than a Type 1 vehicle.
Tvpe 3 - Motorcycles and snowmobiles.
G. Liabilitv: Contractor shall be responsible for the loss of ar damage to
any towed vehicle, equipment thereon and contents from the time it or its
agent takes possession of the vehicle from the Rosemount Police Department
or other city employees, including the period of time the vehicle is at
the impoundment lot.
The Contractor shall take all precautions necessary to protect the City
against any claims or causes of action of whatsoever nature and agrees to
indemnify, defend and save the City harmless from all damages and claims
of any nature arising from the towing or storage of any vehicle.
H. Towina and Impoundment Charaes: The Contractor shall include on the Bid
Proposal form the specific charges for each of the three types of tows set
forth in Section II.F. above and shall also set forth the specific
impoundment charges on a daily basis.
I. Vehicle Liens: All charges for towing and storage shall be secured by a
lien against the vehicle impounded and carried on account until the sale
or other proper disposition of such vehicle is made by the City and the
Contractor.
J. Administrative Charaes: Each bidder shall include in its towing charge
bid the amount of $2.00 per tow for clerical administrative to the City,
4
which amount shall be paid by the Contractor to the City on a monthly
basis in arrears.
Each bidder shall also include in its storage charge bid the amount of
$1.00 per day, not to exceed a maximum of $10.00 for clerical and
administrative expenses of the City, which amount should be paid by the
Contractor to the City monthly in arrears.
K. Records: The Contractor shall maintain financial records in accordance
with generally accepted accounting principles with respect to, at a
minimum, all vehicle and impoundment charges realized under the contract,
the specific number and towing types of the vehicles towed and impounded
and the administrative fees to be paid to the City with respect to each
vehicle. This report or a similar report shall be furnished to the City.
L. Towina Authorization: No vehicle shall be towed under the agreement
resulting from this bid without specific authorization from the City
either orally or in writing.
M. Release of Vehicles: Vehicles being held by the Rosemount Police
Department for evidentiary or investigative reasons shall not be released
without the written authorization of the City. All other vehicles
impounded under this contract may be released to the vehicle owner without
City authorization after the Contractor has established the identity of
the vehicle owner. The Contractor shall establish the identity of owner
the vehicle owner by requiring such ownership materials as proper
automobile title, insurance papers, and/or bills of sale.
At the time of the release of a vehicle, the Contractor shall notify the
Rosemount Police by phone and give a release in writing to the owner. The
release shall state the date of the release toqether with the charges
accumulated and the specific purposes for the charges. The release form
shall be made in one original and two copies, all of which shall be signed
by the Contractor and by the person to whom the release is made. The
Contractor shall retain the original of the release form and shall present
one copy to the vehicle owner and submit one copy to the Rosemount Police
Department.
N. Release Hours and Fees: The Contractor shall maintain regular business
hours and release vehicles without charges, other than the appropriate
towing and storage fees, during the hours of 8:00 a.m. through 6:00 p.m. ,
Monday through Friday, excluding nationally recognized holidays. The
contractor shall also maintain the same business hours for the release of
related personal property.
The contractor shall also be on call for the release of vehicles or
related personal property on Saturdays, Sundays, and nationally recognized
holidays for a four hour period of time provided the four hour period of
time is on a consistent basis and the successful bidder notifies the City
of the times of the four hour period.
During all other hours, the Contractor shall release vehicles but may
charge an additional release fee of $10.00 per vehicle.
O. Towina of Citv Vehicles: The Contractor shall provide towing service for
City owned emergency vehicles within the Rosemount corporate city limits
without charge for a minimum of twenty (20) tows per year. For purposes
of this requirement emergency vehicles shall include all police, fire, and
public works City vehicles except any vehicles that cannot be legally
towed with the Contractor's existing equipment.
5
P. Subcontractor: The Contractor may enter into an agreement with another
contractor for the purpose of providing towing and/or impounding services
for the City provided that the Contractor who submits the bid is
responsible for all requirements listed in the Towing and Impoundinq
Specifications and the Surety and Insurance Requirements. The Contractor
who s'ubmits the bid proposal shall furnish to the City all contracts
entered into with another contractor.
III. SURETY AND INSURANCE REQUIREMENTS
A. Performance Bond: Prior to the execution of the contract between the
successful bidder and the City, the successful bidder must deliver to the
City Clerk a Performance Bond executed by a corporate surety company
authorized to do business in the State of Minnesota. The bond shall be in
the sum of Five Thousand ($5,000.00) Dollars to secure the faithful
performance of the contract by the successful bidder and be conditioned
that the successful bidder shall carry out all covenants, terms and
conditions of the contract in accordance with this provision.
B. Insurance: Prior to the execution of a contract between the successful
bidder and the City, the successful bidder must provide proof of insurance
coverage as follows:
1. Comprehensive general liability insurance providing coverage for
bodily injury, death and property damage, and having as a minimum,
a combined aggregate limit of Three Hundred Thousand ($300,000.00)
Dollars per occurrence.
2. Workers' Compensation Insurance and Employers Liability Insurance as
required by law.
3. .Autamobile liability and property damage insurance, including
coverage for non-owned and hired vehieles, in the same limits as
provided for comprehensive and general liability insurance in
paragraph III.B.1. above.
4. Fire and theft coverage of at least One Hundred Thousand
($100,000.00) Dollars.
5. Garage keeper's liability coverage of at least One Hundred Thousand
($100,000.00) Dollars.
The City shall be named as an additional insured on each of these
insurance policies. The policy shall provide that coverage may not be
terminated or changed by the insurer except upon ten (10) days written
notice to the City Clerk of the City of Rosemount.
DATED: May 12, 1994.
6
CITY OF ROSEMOIINT
VEHICLE TO�ING AND IMPOIINDING AGREEMENT
THIS AGRE�TT is entered into between the City of Rosemount,
2875 - 145th Street West, Rosemount, Minnesota 55068 ( "City") and
( "Contractor°) .
RECITALS
The City has determined that it is necessary to contract with a
towing and impoundment service for law enforcement and public safety
purposes;
The City has duly taken bids pursuant to Minn. Stat. 471.345;
Contractor had submitted the lowest responsible bid in response to
the City' s Request for Bids for Towing and Impounding Services .
THE CITY AND THE CONTRACTOR AGREE:
I. THE CONTRACT DOCUMENTS.
This contract will be comprised of this Agreement and the
following additional documents which are attached to this
Agreement and made a part of it:
A. The specifications for towing and impoundment services
(attached as Exhibit A) .
B. The Bid Proposal form completed b� Contractor {attached
as Exhibit B) .
C. Contractor' s Affidavit of Non-Collusion (attached as
Exhibit C) .
D. Contractor' s Performance Bond (attached as Exhibit D) .
E. Contractor' s Insurance Certificate (attached as
Exhibit E) .
II. TERM OF AGREEMENT.
This Agreement shall commence on , 1994 and may
terminate on , 1996 except as otherwise
terminated in accordance with Section III.
III. CANCELLATION.
Either City or Contractor may terminate this Agreement, with
or without cause, by giving thirt�r (30) days written notice.
During the thirty (30) day notice period, City and Contractor
will continue to perform under this Agreement. At the end of
the Agreement, if terminated by this provision, Contractor
will continue to perform under the terms of this Agreement
with respect to any vehicles impounded under this Agreement
and still in Contractor' s storage area until all such vehicles
have been returned to their owners or otherwise disposed of.
IV. CONTRACTOR` S DUTIES .
Contractor shall perform all of the duties set forth in
Exhibit A to this Agreement.
V. RESOLUTION OF DISPUTES.
Any disagreement between the City and Contractor as to the
amount of towing and storage charges or as to the
administrative fees owed to the City under Exhibit A,
paragraph shall be submitted by Contractor to the
City Administrator within seven (7) calendar days after the
dispute arises . The City Administrator within seven (7)
calendar days of receiving notice of the dispute shall make a
determination and Contractor agrees that the City
Administrator's determination shall be final and binding on
both parties .
VI. COMPLIANCE WITH APPLICABLE LAWS .
Contractor agrees that it will comply with all applicable
state and federal laws regarding the performance of this
Agreement including, but not limited to, the provisions of
Minn. Stat. 181.59 and Minn. Stat. Chapter 363 .
VII. ADMINISTRATIVE PROVISIONS.
A. Notices. Any notices regarding performance under this
Agreement shall be provided to the parties as follows:
City of Rosemount: Contractor:
Susan M. Walsh
City Clerk
2875 - 145th Street West
Rosemount, NIDT 55068
423-4411
B. Severability.
The provisions of this Agreement shall be severable in
nature and any provision which is found to be unlawful or
unenforceable shall have no effect on any other provision
of the Agreement.
e
C. Assignment.
Neither the City nor the Contractor may assign their
interest in this Agreement without the written consent of
the other party.
D. Successors and Assigns.
The successors and assigns of both the City and Contractor
shall be bound to the requiremen�s and provisions of this
Agreement.
E. Governing Law.
This Agreement constitutes the entire Agreement between
the parties including all prior understandings and
Agreements and may not be modified except in writing by
the City and the Contractor.
EXECUTED BY:
City of Rosemount Contractor
By: By:
Witnessed: Witnessed:
.
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that we
, as pri.ncipal and (a corporation certified
by the Minnesota Commission of Insurance and authorized to act as a surety as provided in Minnesota
Statues Sec. 71.31 and 574.15) a Surety, are held and firmly bound unto the City of Rosemount a
Minnesota corporation, hereinafter called the "Obligee", for the use of the Obligee and of all persons and
corporations doing work or furnishing skill, tools, machinery, materials or insurance premiums, or
equipment or supplies, for any camp maintained for the feeding or keeping of inen and animals engaged
under, or for the purpose of, the contract described below, in the amount of Dollars ($�}
for the payment of which well and truly to be made we bind ourselves, and each of us, and our, and each
of our, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a written contra.ct with the Obligee dated ,
1994, for the regularity and validity of which is hereby aff'umed and for which a bond is required by
Minnesota Statutes Section 574.26;
NOW THEREFORE, if the Principal shall perform and complete said contract in accordance with its
terms and shall pay, as they may become due, all just cla.im for such work, tools, machinery, skill,
materials, insurance premiums, equipment and supplies, and shall save the Obligee harmless from all costs
and charges that may occur on account of the doing of the work specified and for the enforcing of the
terms of this bond if action is brought hereon, including reasonable attorney fees, in any case where such
action is successfully maintained and for the compliance with the laws appertaining thereto, then this bond
shall be void, but otherwise shall remain in full force and effect.
No assignment, modifications, or change in the contract, or change in the work covered thereby, nor any
extension of time for completion of the contract, shall release the Surety on this bond.
Sealed with our seals and daxed this _ day of , 1994.
Witnesses to Contractor's Signature:
By
(Seal of Contractor if a Corporation) Its
And
Its
Witness to Surety's Signature:
Its
.
AFFIDAVIT AND INFORMATION REOUIRED OF BIDDERS
Affidavit of Non-Collusion:
I hereby swear (or affum) under the penalry of perjury:
(1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a
partnership), or an officer or employee of the bidding corporation having authority to sign on its
behalf (if the bidder is a corporation);
(2) That the atta.ched bid or bids have been arrived at by the bidder independently, and have been
submitted without collusion with, and without any agreement, understanding, or planned common
course of action with, any other vendor of materials, supplies, equipment or services described in
the invitation to bid, designed to limit independent bidding or competition;
(3) That the contents of the bid or bids have not been communicated by the bidder or its surety on any
bond furnished with the bid or bids, and will not be communicated to any person prior to the official
opening of the bid or bids; and
(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. �
Signed: �
Firm Name:
Subscribed and sworn to before me this
day of , 19
Notary Public
My commission expires , 19
Bidder's E.I. Number:
(Number used on Employer's Quarterly Federal Ta�c Return, U.S. Treasury Department Form 941):