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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/ � U AGENDA. SECTION: AUTHORIZE ADS FOR BIDS OLD BUSINESS PREPARED BY: AGENDA KN ELLIEL UTSEN, CHIEF OF POLICE# Ii. 5A ATTACHMENTS: INFORMATION/INSTRUCTIONS/AND APP tx- 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. 2 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 • • :::.Y.: ;;:.:.:•::.:': :.:: .:: {: i:'•Y.?.,.moi;:^:(i::r..}:::.}':-•:.:::^:':ii': i'.:ryiiiiii ::iy;n :y: v.yy.:..::.::{...n'.isx;::i .. ..:.,;.,}}i:'{; {n};+•ii";4i; y.,.y,y.,y.-.-.: works City vehicles ea�o�sDt..:.az�3�:..�ha�,�s::::'tk�at.::�asu�dt:'be:.,��c�a���..to�ed.;:�rtli 6 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