HomeMy WebLinkAbout5.a. Towing & Impounding Specifications / Authorize Ad for BidsCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 5, 1992
AGENDA ITEM: VEHICLE TOWING & IMPOUNDING SERVICES/
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AGENDA. SECTION:
AUTHORIZE ADS FOR BIDS
OLD BUSINESS
PREPARED BY:
AGENDA
KN
ELLIEL UTSEN, CHIEF OF POLICE#
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5A
ATTACHMENTS: INFORMATION/INSTRUCTIONS/AND
APP
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SPECIFICATIONS PACKET
At the April 7, 1992 Council meeting the concept of authorizing an advertisement
for a towing and impounding contract was presented to the Council.
After review of the specifications, Council recommended some changes and
clarifications to the contract and requested the modified specifications
be brought back to Council for further consideration. These changes are
highlighted in the packet.
Based on the recommendations of our City Clerk, City Attorney, and comments
from two towing companies, the revised specifications should provide enough
information for several competitive bids.
RECOMMENDED ACTION: MOTION TO APPROVE THE VEHICLE TOWING AND IMPOUNDING SERVICES
SPECIFICATIONS AND RELATED CONTRACT DOCUMENTS AND TO
AUTHORIZE ADVERTISING OF BIDS WITH AN OPENING DATE SET FOR
10:00 AM ON JUNE 1, 1992.
COUNCIL ACTION:
CITY OF ROSEKOUNT
ADVERTISEMENT FOR BIDS
FOR TOWING AND IMPOUNDING OF VEHICLES
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City
Clerk's Office in the City of Rosemount, Dakota County, Minnesota,
at the Rosemount City Hall, 2875 - 145th Street West, Rosemount
Minnesota 55068, until 10:00 A.M. on the 1st day of June, 1992, and
will be publicly opened at said time and place by two or more
designated officers or agents of the City of Rosemount for:
Towing and impounding of Vehicles
Proposals arriving after the designated time will be returned
unopened.
The bids must be submitted on the proposal form provided by the City
and in accordance with contract documents and specifications on file
with the City Clerk of Rosemount.
No bids will be considered unless sealed and filed with the City
Clerk of Rosemount and accompanied by a cash deposit, cashier's
check, bid bond or certified check, payable to the City of Rosemount.
The City reserves the right to reject all bids and to accept any bid
deemed to be in the City's best interest.
DATE: May 6, 1992
Susan M. Walsh, City Clerk
City of Rosemount
Dakota County, Minnesota
Date:
RE: Vehicle Towing & Impounding Services
City of Rosemount
Bids Due By: 10:00 A.M., Monday, June 1, 1992
Dear Potential Bidder:
Enclosed is a complete set of documents dated May 6, 1992
requesting bids for the above referenced City of Rosemount
Contract for the period of July 1, 1992 to July 1, 1994. Two
copies of the bid proposal form are enclosed for your
convenience.
If you wish to submit a valid bid, you must return the following
documents in a sealed envelope prior to the time established for
the bid opening and in the form prescribed in the request for bid
package of materials.
(1) A fully completed Bid Proposal;.
(2) Bid security in the appropriate amount;
(3) A description of your towing equipment; and
(4) The Affidavit of Non -Collusion.
Sincerely,
Susan M. Walsh
City Clerk
Enclosures
CITY OF ROSEMOUNT, MINNESOTA
REQUEST FOR SEALED BIDS FOR
TOWING AND IMPOUNDING OF VEHICLES
INFORMATION/INSTRUCTIONS/SPECIFICATIONS
I. GENERAL BID INFORMATION
A. Puroose of Takincr 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. Scope 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 City 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 Bidshall
commence o:.�r::«���r.::.::::.:,.................
D. Bidders' Duty 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 City: 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 Requirements:
1. 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.
2. Changes 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 Security: Security in the amount of One Thoujand ($1,000.00)
Dollars shall be submitted with the Bid Proposal. Failure to submit
Bid Security in the appropriate amount shall 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,
ROMM 1992 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 55068
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 & IMPOUNDING SERVICES"
The bidder's name and address shall be printed on the envelope in
the upper left-hand corner.
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II.
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 Ooenina of Bids: All 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 time 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
opening and the contents of all bids received will be made public
for their information.
7. Reiection of Bids: The City reserves the right to reject any and
all bids received.
8. Bid Price Errors: In the event that 'a bidder's unit prices and
extension of those prices are in conflict, the unit bid price shall
govern and be accepted by the City.
9.
10.
Informalities and Minor Irregularities• The City, at its discretion,
reserves the right to waive any informality or minor irregularity
in any bid received.
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.
TOWING AND IMPOUNDING SPECIFICATIONS
A. Towing Availability: 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
3
services and, in such event, the Contractor will pay any difference in cost
between the towing and impounding services actually provided and the cost
specified in the Contractor's bid.
C. Towing Eouinment: 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 towing
vehicles
1.
Each bidder shall supply a detailed description of each tow truck to be
available for the provision of services under this contract.
D. Impoundment Facility: Contractor must provide an impoundment facility to
which it will tow all vehicles required 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 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 vehicleuntilthe
vehicle has been reclaimed. During the time the vehicle is impounded,
Contractor shall not 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 Police 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 Towing 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. Taves of Tows: Each vehicle towed shall be considered a separate tow for
purposes of application of charges. The Contractor shall use the least
4
expensive type of tow appropriate to the situation. Tows shall be of three
types:
Tyne 1 - Any vehicle equivalent in size or smaller than a three-
quarter ton pickup.
Tvoe 2 - Any vehicle larger than a Type 1 vehicle.
Type 3 - Motorcycles and snowmobiles.
G. Liability: Contractor shall be responsible for the loss of or 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. Towing and Impoundment Charges: 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 Charges: Each bidder shall include in its towing charge
bid the amount of $2.00 per tow for clerical administrative to the City,
which amount shall be paid by the Contractor to the City on a monthly basis
in arrears.
Each bidder shall also includeinits 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. Towing Authorization: No vehicle shall be towed under the agreement
resulting from this bid without specific authorization from the City either
orally or in writing.
5
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 the
vehicle owner by requiring such ownership materials as proper automobile
title, insurance papers, and/or bills of sale.
N.
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 together 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.
Release Hours and Fees -
During all other hours, the Contractor shall release vehicles but may
charge an additional release fee of $10.00 per vehicle.
O. Towincr of City Vehicles: The Contractor shall provide towing service for
City owned emergency vehicles within the Rosemount corporate city limits
without charge for twenty (20) tows per year. For purposes of this
requirement emergency vehicles shall include all police, fire, and public
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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. Automobile liability and property damage insurance, including
coverage for non -owned and hired vehicles, inthesame limits as
provided for comprehensive and general liability insurance in
paragraph III.B.1. above.
4 Fire and theft coverage of at least Thousand (')
Dollars.
..........;:;
5. Garage keeper's liability coverage of at least !? Thousand
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: 0", 1992.
7
BIDDER'S FIRM NAME:
OFFICIAL ADDRESS:
TELEPHONE NO.:
FAX NO.:
PROPOSAL FORM
VEHICLE TOPING AND IMPOUNDING 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 vehicle towing and impounding services on file in the office
of the City Clerk of the City of Rosemount, Minnesota and proposes to
provide towing and storage for the City of Rosemount as follows:
1.
TOWING PROPOSAL:
Type 1 Tows
Type 2 Tows
Type 3 Tows
per tow
$ per tow
$ per tow
Hourly charge for
hours in excess of
one (1) hour pre-
paring vehicle to
be towed. $
Loaded mile charge
for any vehicle
towed beyond the
City limits at the
request of either
the City or the
vehicle owner.
2. IMPOUNDING PROPOSAL:
Storage charge for
first 24 hours or
fraction thereof.
Storage charge per
24 hour period or
fraction thereof
after the first
24 hours.
per hour
$ per mile
61
3. TOWING EQUIPMENT:
A detailed description of each tow truck to be available for the
provision of services described in the specifications accompanies this
bid proposal.
4. BID SECURITY:
A bid security in the amount of One Thousand ($1,000.00) accompanies
this bid proposal.
5. STATEMENT OF NON -COLLUSION:
A statement of not -collusion has been executed and accompanies this
bid proposal.
6. The Contract shall be awarded to the lowest responsible bidder
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)
days after the time the bids are opened. If this bid is accepted, 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
City Council,
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
By
Title
By
Date1992 Title
- 2 -
AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS
Affidavit of Non -Collusion:
I hereby swear (or affirm) under the penalty of perjury:
(i) 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 attached 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 Tax Return, U.S. Treasury
Department Form 941):
CITY OF ROSEMOUNT
VEHICLE TOWING AND noomMING AGREEMENT
THIS AGREEMENT 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
Thiscontract 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 by 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 IT 1992 and
terminate on '1994 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 thirty (30) days written notice.
During the thirty (30) day notice period, City and Contractor
IV.
V.
VI.
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.
CONTRACTOR'S DUTIES.
Contractor shall perform all of the duties set forth in
Exhibit A to this Agreement.
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.
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:
Susan M. Walsh
City Clerk
2875 - 145th Street West
Rosemount, MN 55068
423-4411
B. Severability.
The provisions of this Agreement
nature and any provision which is
unenforceable shall have no effect
of the Agreement.
Contractor:
shall be severable in
found to be unlawful or
on any other provision
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 requirements 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
By:
Witnessed•
Contractor
By:
Witnessed:
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that we
as principal 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 men 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 contract with the Obligee
dated 1992, for the regularity and validity of
which is hereby affirmed 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
claim 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 dated this day of 1 1992.
Witnesses to Contractor's Signature:
(Seal of Contractor if a Corporation
Witness to Surety's Signature:
By
Its
And
Its
Its