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HomeMy WebLinkAbout2013-07-17 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #�� DATE 7/17/13 � , PREPARED BY: City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD **********�*********:�*************************** COUNCIL ACTION REQUEST: Consider approving specifications for towing and impounding of passenger cars, trucks, cycles, and snowmobiles within the City of Cottage Grove and to set a bid date of August 6, 2013 at 4:00 p.m., at the Cottage Grove City Hall, 12800 Ravine Parkway, Cottage Grove, MN 55016. STAFF RECOMMENDATION: Approving the specifications and set a bid date. BUDGET IMPLICATION : � _ _� �►I• ► 1 ACTUAL AMOUNT ADVISORY COMMISSION ACTION: ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ DATE DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Caron Stransky dated July 8, 2013 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Specifications and Advertisement for Bid ADMINISTRATORS COMMENTS APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ Date *******�**************�************************* http://intranet/city-counciUcouncil-action.doc CITY OF � MINNESOTA COTTAGE GROVE .� a. �;� MEMO To: From: Date: Subject: Honorable Mayor and City Council Members Caron Stransky, City Clerk July 8, 2013 Specifications — Towing and Impounding of Vehicles The existing three-year towing and impound contract with South East Towing expired June 30, 2013. Under Title 6-3 of the City Code, the City shall let bids for a towing company to provide the towing and impound service needs of the City and a contract shall be awarded for up to three years to the lowest responsible bidder. The provider shall meet minimum standards provided in the detailed specifications for the towing and impounding of vehicles. Council Action Request: Approve the detailed specifications for towing and impounding of passenger cars, trucks, cycles, and snowmobiles within the City of Cottage Grove, and to set a bid date for August 6, 2013 at 4:00 p.m. G:\clerk\City CouncilWgreements\Towing�2013-2016\Memo to CC re Towing Specifications.doc ADVERTISEMENT FOR BID CITY OF COTTAGE GROVE, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids will be received in the office of the City Clerk, located at the Cottage Grove City Hall, 12800 Ravine Parkway, Cottage Grove, Minnesota, until 4:00 p.m., August 6, 2013, at which time they will be opened and read aloud for the furnishing of: TOWING AND IMPOUNDING OF VEHICLES Detailed specifications, proposal forms, and bidder instructions may be obtained in the office of the City Clerk. Each bid shall be accompanied by a bidder's bond, certified check, or cash deposit in the amount of $500.00, which shall be forfeited to the City of Cottage Grove in the event the successful bidder fails to enter into a contract. The Cottage Grove City Council reserves the right to retain the deposits of all bidders for a period not to exceed 30 days after the date and time set for opening bids. The Cottage Grove City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein; and further, reserves the right to award the contract in the best interest of the City. Dated this 8 day of July, 2013. Caron M. Stransky City Clerk Published in Washington County Bulletin: July 24, 2013 G:\clerk\City Council�P,greements\Towing�2,013-2016�ADVERTISEMENT FOR BID.doc INSTRUCTIONS TO BIDDERS EXAMINATION OF SPECIFICATIONS The bidder shall be thoroughly familiar with the specifications included in these contract documents. BID SECURITY Each bid shall be accompanied by a cash deposit, certified or cashier's check, or bid bond with the corporate surety in the amount of $500.00, made payable to the "City of Cottage Grove" as a guarantee that the bidder will enter into a contract for furnishing the equipment and materials specified, and the amount of the bid security of the successful bidder shall be forFeited to the City as liquidated damages in the event that said successful bidder fails to furnish the items as awarded. PREPARATION OF PROPOSAL The bidder shall submit their proposal on the proposal form that is provided as part of the Detailed Specifications. DEVIATION FROM SPECIFICATIONS The bidder shall indicate on the proposal form any deviation from the Detailed Specifications. Failure to do so shall result in disqualification of the bid. DELIVERY OF PROPOSAL All bids shall be placed in a sealed envelope with the statement "TOWING AND IMPOUNDING OF VEHICLES" thereon, addressed to the City Clerk, 12800 Ravine Parkway, Cottage Grove, Minnesota, 55016. Bids shall be mailed or submitted in person. No bid will be received after the time set to receive them. WITHDRAWL OF PROPOSAL A bidder may withdraw their proposal without incurring prejudice, provided they file a written request with the City of Cottage Grove before the hour of letting, and such withdrawn proposal may be modified and resubmitted by the bidder at any time prior to the hour set for the opening of bids. BLIC OPENING OF PROPOSAL Bid proposals will be opened publicly and read aloud as set forth in the Advertisement for Bid, in the Office of the City Clerk located at the Cottage Grove City Hall, 12800 Ravine Parkway, Cottage Grove, Minnesota, 55016. G:/Clerk/City Council/Agreements/Towing/2013-2016/Towing Specifications 2013-2016 - �1�.� Recommendation for award will be presented to the City Councii at a Regular City Council Meeting to be held at 7:30 p.m., in the City Hall Council Chambers located at 12800 Ravine Parkway South, Cottage Grove, Minnesota 55016. Per Detailed Specifications, bidder shall be required to provide the following prior to a recommendation for award being presented to the City Council: List of all towing vehicles, including the year, make, model and license plate number of each vehicle. 2. Current certification that each identified towing vehicle is equipped in accordance with Minnesota Statutes §169.64, and inspected by the Minnesota Department of Transportation on an annual basis. 3. Proof of Automobile Comprehensive Liability Insurance in the amount of $1,000,000 combined single limit and Garagekeepers Legal Liability Insurance in the amount of $1,000,000. The City of Cottage Grove must be named as an additional insured on the policies. 4. Scale drawing of the impound storage facility. 5. A certificate or letter from the local government unit, governing the location of the impound storage facility, stating that the facility complies with all applicable zoning laws. Contract shall be awarded for up to three (3) years to the lowest responsible bidder. The City reserves the right to reject any and all bids, to waive irregularities and informalities therein; and further, reserves the right to award a contract in the best interest of the City. G:/Clerk/City Council/Agreements/Towing/2013-2016/Towing Specifications 2013-2016 CITY OF COTTAGE GROVE, MINNESOTA DETAILED SPECIFICATIONS FOR TOWING AND IMPOUNDING OF VEHICLES GENERAL These specifications are designed to provide for the towing and impounding of passenger cars, trucks, cycles, and snowmobiles within the City of Cottage Grove on a 24-hour basis. � 'u_► _►� u:►'• � _: The Contractor shall have the equipment and provide the manpower and services pursuant to this contract as specified in this section. The Contractor shall own a minimum of two (2) towing vehicles with a minimum capacity of 5 tons. 2. Each towing vehicle shall be equipped in accordance with Minnesota Statute §169.64, and inspected by the Minnesota Department of Transportation on an annual basis, with certification provided to the City of Cottage Grove. 3. The Contractor shall be available for towing services 24 hours a day, seven days per week. 4. The Contractor shall arrive at the scene of the tow within the following time limits: for daytime request, within 20 minutes after the request for service is received; for nighttime request, within 15 minutes after the request for service is received. 5. The Contractor shall be able to provide towing services for automobiles, light trucks, snowmobiles, motorcycles, and other specially designed vehicles. Contractor shall also have the ability to provide special towing services including: winching dollies, flat bed, light rescue, etc. Contractor shall also have equipment with 30,000 pound underreach capabilities. Towing charges shall be divided into seven (7) types as follows: T pe I Towing of standard-sized vehicles. Type II Towing of vehicles from accident scenes. Type III Truck-t e vehicles with a capacit exceeding one ton. Type IV Tows that require an unusual amount of winching and/or the use of a dolly. Type V Tows that require the use of a flat bed./ T pe VI Cotta e Grove Public Safet tows. Type VII Tows requiring an unusual rescue effort or which needs specialized removal equipment shall be subject to a negotiated price between the owner of said vehicle and the towing company. 6. The Contractor shall assume all liability for the vehicle to be towed. G:/Clerk/City Council/AgreementslTowing/2013-2016/Towing Specifications 2013-2016 7. The Contractor shall be responsible for cleanup of debris at the scene. 8. The Contractor shall carry and keep in full force and effect automobile comprehensive insurance and garagekeeper's legal liability insurance to include coverage of any damage to towed vehicles and provide proof of such insurance to the City. 9. Contractors shall have access to a secured, 24-hour impound facility, which must be consistent with the applicable zoning laws. Further, the Contractor must provide to the City a scale drawing of the facility, along with proof that the facility itself complies with the applicable zoning laws. NON-DISCRIMINATORY PRACTICES The Contractor shall not during the life of the contract discriminate against any employee or applicant for employment because of race, color, sec, creed, national origin, or ancestry. The Contractor shall include a similar provision in all subcontracts entered into for the performance of the contract. The contract may be cancelled or terminated by the City, and all money due or to become due, hereunder may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in this specification to comply with the provisions of Minnesota Statute, Section §181.59, Minnesota Department of Human Rights - Minnesota Statute §363.00 inclusive of Section 363.073 (Certificates of Compliance for Public Contracts) and applicable Federal Civil Rights Acts. STORAGE FACILITIES The Contractor shall be solely responsible for all matters relating to the operation of said impound facility, and shall indemnify and hold the City harmless in connection therewith and shall comply with the following criteria: The impound facility shall be located within ten (10) minutes of the City of Cottage Grove, and must be able to accommodate at least thirty (30) vehicles. 2. The impound facility must have a locked and fenced lot with a minimum of an 8-foot fence. The lot must conform to all applicable codes and ordinances. 3. The impound facility shall be available daily from 7:00 a.m. to 6:00 p.m. to allow for the release of impound vehicles. 4. The provider of towing services to the City must have access to an impound facility 24- hours a day. TOW AND STORAGE CHARGE Reasonable tow and impound fee rates will be submitted to the City Council for review and approval. These rates shall be valid for the contract period. For the purposes hereof, a day shall be each 24-hour period commencing after the time of arrival of the towed vehicle at the impound facility. Administrative fees may be charged on vehicles impounded for periods exceeding five (5) days. The administrative fees must be reasonable and represent the actual costs incurred by the G:lClerk/City Council/Agreements(fowing/2013-2016/Towing Specifications 2013-2016 Contractor to notify the owners of impounded vehicles. Upon demand, the Contractor must provide the City documentation justifying charging the fees. If owners of vehicles impounded for violations of or in conjunction with arrests of Minnesota Statutes §169A.20 (Driving While Impaired), fails to provide Contractor with the requisite proof of ownership, valid driving privileges and insurance pursuant to Minnesota Statutes §169A.42, by 6:00 p.m., Contractor may store the vehicle overnight and charge the vehicle owner for another storage day. The Contractor must provide a written statement from the City explaining computation of fees to each vehicle owner when the owner claims the vehicle. The City may update the statement at its discretion. LIABILITY The Contractor will be held responsible for the loss of or damage to, the vehicle, equipment thereon, and contents from the time they, or their agent, signs the receipt for the vehicle provided by the Cottage Grove Public Safety Department. The Contractor shall take all precautions necessary to protect the public against injury and will defend and hold the City harmless from all towing and storage of vehicles as provided hereunder, and in the Contract relating thereto. RECORDS AND OPERATIONS The Contractor shall be required to keep records as provided: A record shall be made at the time vehicles arrive at the impound lot as to the vehicle's condition, and an inventory of the vehicle's valuable contents. 2. The Contractor must make an attempt to contact the listed owner of any unclaimed vehicle within seven (7) days, and the said provider as to such contact shall maintain documentation. Said documentation shall be available upon request to the Cottage Grove Department of Public Safety. 3. All records and documentation in regard to the Cottage Grove Department of Public Safety towing service shall be made available to Department of Public Safety personnel upon request. 4. The Contractor must advise the Cottage Grove Department of Public Safety when a vehicle is released. Such notification will be made immediately by telephone, and monthly in writing on forms prescribed by the Department of Public Safety. The forms shall include, but are not limited to, the documentation of all fees charged. The Contractor shall provide a printed record of all vehicles towed on a monthly basis. Said record shall contain no less than the following data: a. Date vehicle was towed. b. Vehicle license number (VIN number in absence of license plate). c. Vehicle year. d. Vehicle make. G:/ClerklCity Council/Agreements/Towingl2013-2016lTowing Specifications 2013-2016 e. Location the vehicle was towed from. f. Status of vehicle (released, junked, auctioned, stiil in impound). g. To whom the vehicle was released (driver's license number will suffice). 5. The Contractor shall provide to the Cottage Grove Police Department a printed record of all vehicles towed from the effective date of the towing contract through the end of the most current month. Said record shall contain all the same information as the monthly record but shall also contain totals identifying: a. Number of vehicles still in impound b. Number of vehicles seized c. Number of vehicles released d. Number of vehicles auctioned e. Number of vehicles junked f. Total number of vehicles towed Said printed records shall be in receipt of the Cottage Grove Police Department Administrative Division no later than the 10 working day of the following month. 6. The Contractor must require and receive proof of ownership and proof of current insurance from the vehicle owner prior to releasing any vehicle. In addition, the Contractor shall check the Public Safety Impound Record for any police holds on the vehicle. No vehicle may be released until all police holds have been removed. 7. The Contractor shall procure, at its own expense automobile comprehensive liability insurance in the amount of $1,000,000 combined single limit and garagekeepers legal liability insurance in the amount of $1,000,000, and workers' compensation coverage, and shall provide proof thereof to the City during the entire term of this Contract. The City must be named as an additional insured on the policies. Failure to maintain the insurance required by the Section shall entitle the City to terminate this Contract. 8. No storage charge shall be made by the Contractor when the towed vehicle is not brought to the Contractor's impound. 9. The Contractor shall notify, in writing, the Department of Public Safety of all alleged damage to vehicles, and loss of personal property of towed vehicles. 10. The Contractor shall be responsible for the disposition of all Department of Public Safety-directed, unclaimed towed vehicles. 11. All unclaimed vehicles, which are to be sold, must be held by the Contractor for a minimum of ninety (90) days. 12. If a towed vehicle is not claimed during the holding period, it may be sold at Public Auction between 9:00 a.m. and 5:00 p.m. The sale must occur in the county where the impound facility is located. GENERAL OPERATIONS G:/ClerklCity Council/Agreements/Towingl2013-2016/Towing Specifications 2013-2016 Procedure for Sale: Notice stating the time and place of sale, the amount due on the date of the sale (not including expenses of advertising and sale), reason for lien against the vehicle, and general description of the vehicie shall be served upon the owner of said vehicle. Method of Service of Notice: Notice must be served personally if the owner resides in Washington County. If the owner is not a resident of Washington County, the above notice must be published once per week for three (3) weeks in a Washington County newspaper. The last published notice must be dated at least one week prior to the date of the sale. If the post office address of the owner is unknown, public notice is sufficient. Sale proceeds from unclaimed vehicles shall be distributed as follows: 1. Expenses of the sale and advertising. 2. Expenses, if any, owed by the towing or impound provider to a third person, such as storage charges, maintenance fees. 3. Charges and fees of the towing/impound operator. 4. The balance, if any, to the owner or another lienholder of the vehicle. 5. The Contractor shall be solely responsible for the disposal of any abandoned vehicle as defined by Minnesota Statute §168B.02, subd.2. Any abandoned vehicle shall be disposed of by the Contractor in accordance with Minnesota Statute §168B.09. The City shall not be responsible for requests for towing services, which are canceled prior to arrival of the towing vehicle. PROCEDURE All vehicles shall be towed (not driven), without damage to said vehicle, to the above-referenced impound facility. No vehicle shall be towed under this contract without specific authorization from the City of Cottage Grove. POSSESSIONS No vehicle shall be towed under this contract without specific authorization from the City of Cottage Grove. CHARGES FOR OPERATIONS All charges for towing and storage shall be secured by a lien against the vehicle impounded, and carried on account until sale or other proper disposition of such vehicle is made by the City. If the receipts from such sale or other disposition are not sufficient to pay the costs of the towing and storage charges after the deduction of the costs of such sale of disposition, any excess shall be paid by the Contractor: first toward net towing charges and then toward net storage charges as otherwise would be earned by Contractor, and the balance of the towing and storage charges shall be canceled. If the receipts from such sale or other disposition are not G:/Clerk/City Council(Agreements/Towing/2013-2016/Towing Specifications 2013-2016 sufficient to pay the costs of such sale or other disposition, all charges for towing and storage shall be canceled. PERFORMANCE In all cases where the Contractor fails to respond to any call for tow trucks within 20 minutes, the Department of Public Safety shall have the right to call other providers to perForm towing services, and the Contractor shall pay to the City any costs of towing services incurred by the City to the extend they exceed the price provided by the Contract. The City shall retain the $500.00 cash bid security posted. The City is authorized to apply the security to any towing costs which are incurred by the City and which exceed the price provided by this Contractor. BONDS AND INSURANCE The Contractor shall secure and maintain all bonds and insurance policies required by the Towing and Impounding Vehicle Contract. G:/Clerk/City Council/Agreements�l'owing/2013-2016/Towing Specifications 2013-2016 CITY OF COTTAGE GROVE, MINNESOTA PROPOSALFOR TOWING AND IMPOUNDING OF VEHICLES TO THE CITY CLERK OF THE CITY OF COTTAGE GROVE, MINNESOTA: The undersigned has examined the contract documents, including the Advertisement for Bids, Instructions to Bidders, Affidavit of Non-collusion, and the Detailed Specifications for the Towing and Impounding of Vehicles, on file in the Office of the City Clerk of the City of Cottage Grove, Minnesota, and proposes to provide towing and impounding of vehicles for the City of Cottage Grove as set forth. IMPOUNDMENT: Storage facility to accommodate at least 30 vehicles will be provided at the following location and complies with provisions included in the Detailed Specifications: STORAGE FEES: (Include Sales Tax) Year 1(July 1, 2013 thru June 30, 2014: First Day Storage Fee (from arrival at facility to first 24 hours): $ Every 24 hours thereafter (or part of if released prior to 24 hours): $, 2. Year 2(July 1, 2014 thru June 30, 2015): First Day Storage Fee (from arrival at facility to first 24 hours): $, Every 24 hours thereafter (or part of if released prior to 24 hours): $ 3. Year 3(Julv 1, 2015 thru June 30, 2016): First Day Storage Fee (from arrival at facility to first 24 hours): $ Every 24 hours thereafter (or part of if released prior to 24 hours): $ G:lClerk/City Council/Agreements/Towing/2013-2016/Towing Specifications 2013-2016 TOWING SERVICES (Per Detailed Specifications and Includes Sales Tax) is bid as follows: Year 1(July 1, 2013 thru June 30, 2014): TOWS BASIC FEE ADDITIONAL FEE TOTAL TYPE I $ ea. TYPE II $ $ $ Cleanup) TYPE III $ $ $ Drive Line) TYPE IV $ $ $ (Winching $ $ (Doll ) $ $ Cleanup TYPE V $ $ $ Cleanup TYPE VI $ TYPE VI $ Per Hour 2. Year 2 fJulv 1. 2014 thru June 30. 201 TOWS BASIC FEE ADDITIONAL FEE TOTAL TYPE I $ ea. TYPE II $ $ $ Cleanup TYPE III $ $ $ Drive Line TYPE IV $ $ $ Winching) $ $ (Doll $ $ (Cleanup) TYPE V $ $ $ (Cleanup) TYPE VI $ TYPE VII $ Per Hour G:/Clerk/City Council/AgreementslTowing/2013-2016/Towing Specifications 2013-2016 3. Year 3(July 1, 2015 thru June 30, 2016) TOWS BASIC FEE ADDITIONAL FEE TOTAL TYPE I $ ea. TYPE II $ $ $ (Cleanup) TYPE III $ $ $ (Drive Line) TYPE IV $ $ $ (Winching) $ $ (Dolly) $ $ (Cleanup) TYPE V $ $ $ (Cleanup) TYPE VI $ TYPE VII $ � Per Hour Bid security in the amount of $500.00 accompanies this proposal, the same being subject to forFeiture in the event of default of conditions as specified in the "Instructions to Bidders" and other contract documents. It is understood that the right is reserved by the City to reject any and all bids, and that this bid may not be withdrawn until thirty (30) days after the time the bids are opened. If this bid is accepted, the undersigned agrees to execute the proposed contract. Further, it is understood by the undersigned that unless this proposal is accompanied by the attached signed and notarized "Affidavit of Non-Collusion", the City Council will not accept this bid. Respectfully submitted, Firm Name By Title Address State whether bidder is: ❑ Individual ❑ Partnership ❑ Corporation (Check One) G:/ClerklCity Council/Agreements/Towing/2013-2016/Towing Specifications 2013-2016 If Partnership, Name of Partners: If Corporation, Name and State in which Incorporated: AFFIDAVIT OF NON-COLLUSION I hereby swear or affirm under the penalty for perjury: 1. That I am the bidder (if the bidder is an individual), a partner (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 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 employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such 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 , 2013. Notary Public. My Commission Expires: Bidder's Employee Identification Number: (Number used on Employer's Quarterly Federal Tax Return, US Treasury Department Form 941) G:/Clerk/City CounciUAgreements/Towing/2013-2016(fowing Specifications 2013-2016