City of Aurora



City of Aurora

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|Internal Services Department |[pic] |

|Purchasing Services, Suite 4400 | |

|15151 E. Alameda Parkway | |

|Aurora, Colorado 80012 | |

|Phone: 303-739-7100 | |

|Fax: 303-739-7509 | |

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Request for Proposal: R-1235

Class Item: 968-90

Date: October 15, 2004

Proposal Deadline: 3:00 p.m., November 2, 2004, in the Office of Purchasing Services

REQUEST FOR PROPOSALS

The City of Aurora is requesting written proposals from qualified firms to provide vehicle towing services as required for the City of Aurora Police Department.

Five (5) copies of the proposals will be required. Unpriced technical proposals will be accepted at the Office of Purchasing Services, 15151 East Alameda Parkway, Suite 4400, Aurora, Colorado 80012, until 3:00 p.m., November 2, 2004. No late proposals will be considered.

Proposals shall consist of:

VEHICLE TOWING SERVICES

FOR THE PERIOD COVERED: DATE OF AWARD UP TO THIRTY-SIX MONTHS

PRE-PROPOSAL CONFERENCE:

A pre-proposal conference is scheduled for October 26, 2004, at 9:00 a.m. at the City Municipal Center, Office of Purchasing Services, 15151 E. Alameda Parkway, Suite 4400, Aurora, CO 80012. The purpose of the pre-proposal conference is to provide assistance to prospective contractors in the interpretation of the Request for Proposals, Scope of Services, Sample Service Agreement, and other technical and contractual matters. Attendance at the pre-proposal conference is not mandatory, but is highly recommended.

Specific requirements are contained in the attached Scope of Services.

A TENTATIVE SCHEDULE of key dates for the project have been established as follows:

|October 26, 2004 |Pre-proposal conference at 9:00 a.m. |

|November 2, 2004 |Technical Proposals due by 3:00 p.m. |

|November 5, 2004 |Notification to top rated firms |

|November 10, 2004 |Interview with top rated firms (optional) |

|November 17, 2004 |Notification and final negotiations with top ranked firm |

|November 26, 2004 |City Council Approval |

|November 30, 2004 |Award Actions Completed |

|December 1, 2004 |Estimated Start |

SOLICITATION PROCESS

This RFP is being solicited under a two-step procurement process. The first step requires all firms to submit unpriced technical proposals addressing only those items cited in Section III, Proposal Submittal Requirements, of this RFP. Proposals will be evaluated based on the evaluation criteria outlined in Section IV, Proposal Evaluation. A short list of firms will be selected for further evaluation. Only those firms who are placed on the short list on the basis of the evaluation criteria will be considered during the second step. During the second phase, interviews may be held with the short list of firms. The City of Aurora will then enter into an Agreement with the top ranked towing firms, as deemed in the best interest of the City.

The City reserves the right to award a contract on the basis of initial offers received without interviews.

The staff’s recommendation will be sent to Council for approval. Council approval may be subject to successful negotiation of a final contract. The City and firm will then negotiate the details of the final contract, Council approval of the award is obtained, the contract is signed, and work may begin. Should the City be unable to reach agreement with the top ranked firm(s), negotiations will commence with the second ranked firm. This process will continue until a satisfactory contract is negotiated, or the City exercises its right to reject all proposals.

PERIOD OF AWARD

The term of the contract shall be from the date of award through a twelve month period, and upon the expiration of said period, the contract will terminate automatically, without notice, written or oral. The award period will not exceed a total of thirty-six (36) months, including extensions as appropriate.

EXTENSIONS

The City shall have the option to extend the contract for two additional years in one year increments from the original date of award upon the same terms and conditions. All awards and extensions are subject to annual appropriation of funds. The provisions of the foregoing paragraphs with respect to extension of the term of the contract shall be null and void if the contract has been terminated or revoked during the initial term or any extension thereof.

All decisions to extend the contract are at the option of the City.

AVAILABILITY OF FUNDS FOR NEXT CALENDAR YEAR

Funds are currently not available for the award beyond this current calendar year. Therefore, the City is not obligated under this request beyond this current calendar year. This provision is notwithstanding any other provision of the Request for Proposals addressing or affecting the contract period.

LICENSES

The successful firm, without additional expense to the City, shall be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, and municipal laws, codes and regulations in connection with the prosecution of the services. The successful firm and any subcontractors, if applicable, will be required to obtain an Aurora Business License. The successful firm shall provide the Aurora Business License number(s) to Bryn Fillinger, Procurement Agent, within thirty (30) days of contract award.

CONFIDENTIALITY

Proposals submitted to the City of Aurora for consideration shall be subject to the Colorado Open Records Act and Colorado Statute C.R.S Sec 24-92-103(4) after award is made. Any confidential information in your proposal shall be identified as such. However, should the City receive a request in accordance with this Act, the City shall make a final determination as to whether the information is releasable. Firms will be notified before information is released. Proposals submitted and terms and conditions specified in each firm’s response shall remain the property of the City of Aurora.

AMENDMENTS TO THE REQUEST FOR PROPOSAL

The City of Aurora reserves the right to amend this Request for Proposal by an addendum at any time prior to the date set for receipt of proposals. Addenda or amendments will be posted on the City of Aurora web site as soon as available and shall be the responsibility of the offeror to obtain all addenda. Offerors registered for the paid bidding notification service shall be notified either by fax or email depending on the service that they have subscribed to. If revisions are of such a magnitude to warrant, in the City of Aurora’s opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.

SPECIAL CONDITIONS

Please refer to enclosed “Special Conditions” for any/all additional terms and conditions relevant to this Request for Proposals as appropriate to the City’s specific requirements and/or application.

Proposals will be considered only from firms or individuals that are firmly established in an appropriate business, who are financially responsible, and who have the resources and ability to offer services in a professional and expedient manner. The City may request additional information as deemed necessary. Failure to provide such information may result in the proposal being considered non-responsive.

The City of Aurora reserves the right to reject any and all proposals, to waive any informalities in the proposals received, and to accept the proposal deemed most advantageous to the best interest of the City.

Questions regarding this Request for Proposals may be addressed to Bryn Fillinger, Senior Procurement Agent, Purchasing Services, Aurora Municipal Center, 15151 E. Alameda Parkway, Suite 4400, Aurora, Colorado 80012 or by calling (303) 739-7344. Technical questions may be directed to Ed Evans, Vehicle Impound Supervisor, Police Department, by calling (303) 361-2945.

CITY OF AURORA, COLORADO

Bryn Fillinger

Senior Procurement Agent

Office of Purchasing Services

Attachments: Section I Special Conditions

Section II Scope of Services for Towing Services

Section III Proposal Submittal Requirements

Section IV Proposal Evaluation

Section V Sample Service Agreement

SECTION I

SPECIAL CONDITIONS

Technical Proposals will be considered only from those towing firms who are financially responsible and have the necessary equipment and personnel required by this Request for Proposal to provide said services to meet the requirements as stipulated in these documents. The City may request information substantiating the above requirements. Failure to provide such information may result in the proposal being considered non-responsive.

The City will award contracts to the top-ranked responsive towing firms who have met the qualification requirements of this request for towing services. The number of firms selected will be determined during the final phase of the evaluation process.

Contract award will be made only to towing firms who have met all City and State regulations and licensing as appropriate by the City or State of Colorado. The successful towing firms shall furnish copies of all licenses and certificates of insurance to the City of Aurora prior to contract award.

It is understood that the right is reserved by the City to thoroughly inspect and investigate the establishment, facilities, equipment, business reputation, employees and other general qualifications of any towing firms and to reject any proposal if it shall be administratively determined to be lacking in any of the essentials necessary to assure acceptable standards of performance.

GENERAL INFORMATION

Reimbursement will not be made for costs incurred prior to a formal Award. The proposal must be comprehensive and specify how the contractor would complete all of the elements of the "Scope of Services".

SAMPLE SERVICE AGREEMENT

Included in this package is a sample of the standard "Service Agreement,” used by the City. Prospective contractors are requested to review this document and comment on any areas of objections in their technical proposals.

INSURANCE REQUIREMENTS

Attached to the sample "Service Agreement" is a copy of the City's current insurance requirements for compliance by the successful contractors (Form 410-33).

INDEPENDENT CONTRACTOR AFFIDAVIT

The successful contractor is required to sign and notarize an affidavit stating that they are an independent contractor. A sample affidavit is attached for your review. THE INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS. AN INDEPENDENT CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP. ADDITIONALLY, IT IS UNDERSTOOD THAT THE INDEPENDENT CONTRACTOR IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS UNEMPLOYMENT COMPENSATION COVERAGE IS PROVIDED BY THE INDEPENDENT CONTRACTOR OR SOME ENTITY OTHER THAN THE CITY OF AURORA, COLORADO.

SUBLETTING OF CONTRACT

The Contractor will agree not to assign or sublet the whole or any part of the contract without the prior written consent of the City.

SECTION II

SCOPE OF SERVICES

I. DEFINITIONS

Any term not defined herein shall have the meaning ascribed to it in the ordinance of the City of Aurora, and if not defined, it shall have the meaning ascribed in the State of Colorado Revised Statutes.

A. OWNER:

A person who holds legal title to the vehicle, or the right of possession of the vehicle.

B. VEHICLE

Any device in, upon or by which any person or property is or may be transported upon a street, highway or any public way, including trailers and other devices designed to be pulled by a propelled device.

C. AUTHORIZATION FOR TOWING:

A towing of vehicles by the approved towing service operators shall be AUTHORIZED ONLY by the Police Department and ONLY under the circumstances provided herein. Towed vehicles shall be impounded at the CITY’s contracted vehicle storage lot.

Vehicles towed for reason of “impound/evidence hold” are Police ordered tows for purpose of investigation where the Police Department or its agent assumes custody of the vehicle.

D. BUSINESS/OPERATION:

A principal location of operation where all business transactions and records are maintained.

E. CITY BOUNDARIES:

The City boundaries as defined at the time of contract award.

II. TOWING SERVICES CONTRACT OBLIGATION

A. CONTRACTOR shall have a minimum of eight (8) vehicles which must be a minimum of 10,000 lb. G.V.W. rating as identified by the manufacturer's vehicle identification plate and equipped for towing service as required by P.U.C. regulations. The CONTRACTOR shall have the vehicles in possession or show proof that the vehicles will be operational on or before the effective date of contract.

1. All vehicles shall be registered in the CONTRACTOR'S name. If any of the vehicles are leased, valid legal lease documents must be in CONTRACTOR'S possession.

2. One (1) vehicle shall consist of cab and chassis with four (4) wheel drive capability and a standard commercial towing package (as specified as to factory manufactured and serial numbered wrecker body with boom) with a minimum winch capacity of 8,000 pounds.

3. Seven (7) vehicles shall consist of cab and chassis with a standard commercial rollback type flatbed with a minimum winch capacity of 8,000 pounds.

B. CONTRACTOR'S primary business location of operation shall be located within the limits of the City of Aurora. The primary business location is defined as the dominant location for this contractor’s entire business. Dominant is defined as the location where the highest percentage of all business associated with this company is conducted, and the highest number of employees exist. Contractor understands the intent of the services provided is for expeditious and efficient tow services. Therefore, the Contractor is required to maintain vehicles, equipment and facility within the City boundaries.

1. Primary business location shall comply to all City Zoning regulations.

2. CONTRACTOR shall at all times meet ordinance requirements and approved vehicle storage lot standards.

C. CONTRACTOR shall provide full twenty-four (24) hour two-way radio dispatch service and telephone service seven (7) days per week.

1. ANSWERING SERVICE DEVICES SHALL NOT BE ACCEPTABLE.

2. CONTRACTOR shall install and maintain in each of the vehicles used, two-way radio communications equipment as approved by the Aurora Chief of Police or designee.

D. CONTRACTOR shall provide the CITY with one (1) day and night telephone number and agree to promptly notify the CITY of any changes in these numbers.

E. CONTRACTOR shall have a valid permit issued by the Public Utilities Commission and shall comply at all times with the rules and regulations promulgated by the Commission.

1. Revocation of the permit by the Commission shall subject this contract to immediate termination.

F. CONTRACTOR shall have a valid City of Aurora business license.

G. All towing vehicle operator(s) must possess a valid Colorado Driver's License of the proper class.

H. CONTRACTOR shall maintain adequate personnel and equipment available at all times to respond, to the location where the tow service is required, within thirty (30) minutes upon notification by the City Police Department. In the event the CONTRACTOR shall fail to comply with the requirements of this paragraph without reasonable cause, Contractor shall be subject to pay a penalty to the CITY at the rate of $30.00 per hour for the time in excess to the thirty minutes that a police officer is detained at the place where tow service is required. Annexed locations outside the City of Aurora will be given an additional thirty (30) minutes of response time (not to exceed 60 total minutes). CONTRACTOR UNDER NO CONDITION, SHALL VIOLATE ANY TRAFFIC LAWS NOR DRIVE IN A HAZARDOUS, NEGLIGENT OR RECKLESS MANNER TO COMPLY WITH THE THIRTY-MINUTE REQUIREMENT.

I. CONTRACTOR shall remove from any area at which a vehicle accident has occurred, broken glass, metal, and debris resulting from such accident. CONTRACTOR shall instruct all of their drivers that clean up should be at a level of prior accident condition.

J. CONTRACTOR agrees that during temporary periods of severe inclement weather that City of Aurora vehicles will be towed on a priority basis to enable the Police Department to maintain an effective level of operation.

K. CONTRACTOR agrees that any/all towing of CITY Police vehicles shall be towed at no cost to the CITY, within the City limits.

L. CONTRACTOR shall tow vehicles to a location designated by the Police Department, or if released by the Police at the scene, to a location designated by the owner of the vehicle.

M. If a vehicle is to be held as evidence, the Police may direct CONTRACTOR to tow to any location for purpose of security and/or further investigation. In said event, if vehicle is towed to a location other than the Contracted Vehicle Storage Lot, the CITY shall reimburse CONTRACTOR for the tow at contracted tow rate.

1. CONTRACTOR must submit a copy of the tow ticket with case number and Officer’s signature and ID number along with an invoice to the Vehicle Impound Control office of the Police Department for approval. Upon approval, the documents will be processed for payment.

N. If a vehicle is impounded by the Police, the CONTRACTOR upon arriving at the tow scene, shall sign the Impounded Vehicle Report (I.V.R.) and thereby accepts said vehicle as described and shall be solely liable and responsible for said vehicle and contents thereof until released to the Contracted Vehicle Storage Lot operator.

1. The Contracted Vehicle Storage Lot operator, upon acceptance of the vehicle, shall affix his/her signature, date and time received at the top of the I.V.R. and thereby shall accept all liability from that date and time until the vehicle is released to the owner, owner's representative, or disposed of by the Aurora Police Department.

2. Any additional release of liability documents shall be solely between the CONTRACTOR and the Contracted Vehicle Storage Lot operator.

O. The Vehicle Storage Lot Contractor shall make arrangements to compensate the CONTRACTOR. Method of payment may be established by mutual agreement, at the CITY's established tow rates for all I.V.R. vehicles accepted at the Contracted Vehicle Storage Lot.

P. CONTRACTOR agrees to maintain all accounting and operational records at the primary business location pursuant to this Agreement throughout the contract period PLUS two (2) additional years. Such records shall be immediately available, during normal business hours, for review or audit by a Police Department representative or City Auditor upon demand.

Q. CONTRACTOR SHALL IMMEDIATELY FURNISH TO THE CITY A FIVE THOUSAND ($5,000) CASH BOND for the faithful performance and prompt settlement of claims for loss or damage. The CITY reserves the right to use any or all of the cash bond to settle claims submitted for loss or damage if such claim is substantiated by the CITY inventory signed by CONTRACTOR'S personnel. Claims settled by CONTRACTOR shall be reviewed by the CITY Police Department and CONTRACTOR. If substantiated, all claims shall be paid by the CONTRACTOR or from the Cash Bond. CONTRACTOR shall replenish the cash bond within seven (7) days after a payment is made by the CITY. The Cash Bond shall be refunded to CONTRACTOR within thirty (30) days after expiration of the Contract Agreement or voluntary withdrawal by CONTRACTOR, if no claims are pending.

R. CONTRACTOR agrees to protect, save harmless and indemnify the CITY from all claims for loss, damage or injury sustained by any third person or persons whether the same be caused by the negligence or fault of CONTRACTOR or his/her officers, agents or employees or otherwise.

S. In the event of an emergency, where a large number of vehicles need to be towed within a short period of time, and the CONTRACTOR is unable to do all of the work within the required period, the CITY may use, at its own discretion, any/all towing companies available to assist until such time as the emergency conditions have been relieved. In these circumstances, the conditions under Section-H may be waived.

T. CONTRACTOR or his/her officers, agents or employees are prohibited from soliciting for repairs to the owners of any police requested tow.

U. CONTRACTOR shall maintain all equipment in safe working condition and each tow truck shall have the following minimum equipment pursuant to PUC standards as specified by factory manufactured and serial numbered wrecker body with boom:

1. Eight (8) vehicles (as described under Section-A) shall include:

a. A cradle with two plate or sling equipped with safety chains (VEHICLE DESCRIBED IN A.2. ONLY).

b. Lights:

1. Minimum two (2) headlamps, an equal number on each side

2. Four (4) turn signals, two (2) at the front, two (2) at the rear, equipped with a four-way flashing system

3. Four (4) clearance lamps, two (2) at each side

4. One (1) side marker on each side of and near the front of the truck

5. On the rear, at least two (2) tail lights and two (2) stop lights

6. At least one (1) flashing amber warning light mounted as high as possible

7. One (1) spot light behind cab

8. One (1) set of portable tow lights (stop and tail) capable of being attached to towed vehicles (VEHICLES DESCRIBED IN A.3. EXEMPT UNLESS EQUIPPED WITH "STINGER")

c. Additional equipment per vehicle:

1. One (1) hand ax, one (1) shovel, one (1) broom, one (1) steering wheel clamp or rope

2. One (1) first aid kit

3. Three (3) red flares, three (3) red flags, three (3) fusees (30-minute railroad type)

4. One (1) fire extinguisher, U.L. approved

5. Safety chains

6. Dollies (for vehicles described in A.2.)

7. Motorcycle sling (for vehicles described in A.2.), if applicable

2. The Police Department reserves the right to inspect any/all vehicles and/or equipment required under the Contract Agreement at any time during the contract period. Failure of passing vehicle inspection shall be cause to immediately remove vehicle from service and vehicle will not be permitted for use until passing inspection.

V. Contractor shall dispatch the required number of truck(s) for each requested tow.

W. Contractor shall be required to provide CBI background checks prior to drivers performing services on the City’s contract. The CITY reserves the right to reject proposed replacement personnel or require the replacement of any Contractor personnel.

III. RULES AND REGULATIONS

The information contained herein is furnished in order to establish a policy for evaluating tow contractors on their performance while operating under contract. The majority of criteria is contained in this Request for Proposals. All equipment, location of operation, permit and insurance requirements and performance requirements as listed in the Request for Proposals will apply throughout the duration of the contract. In addition to those requirements, additional criteria has been compiled some of which emphasizes or details the Request for Proposals requirements, in order to properly monitor and evaluate the companies while under contract.

It should be noted that any violation of the Colorado Revised Statutes, Colorado Criminal Code, P.U.C. Rules and Regulations or the City of Aurora Municipal Ordinances may be grounds for contract termination under the Terms of Towing Contract Agreement.

The items which are added and/or emphasized are:

1. RESPONSE TO CALLS FOR TOWS - It shall be the CONTRACTOR'S responsibility to assure that tow refusals and late response times are kept to an ABSOLUTE MINIMUM.

a. A history of unjustified occurrences shall be subject to Police Department review and may subject CONTRACTOR to Contract suspension and/or Contract termination.

2. TREATMENT OF THE PUBLIC - The CONTRACTOR, when in contact with the Public, is acting as a representative of the Aurora Police Department and as such is expected to treat the Public with courtesy and respect.

a. Any occurrences shall be subject to Police Department review and may subject CONTRACTOR to Contract suspension and/or Contract termination.

3. RATES FOR TOW SERVICES - The rates are established and noted in the Contract Agreement. No variance from those rates by the CONTRACTOR will be allowed.

4. SOLICITING FOR REPAIRS - It is to be understood that all CONTRACTORS are PROHIBITED from soliciting the owners on any Police impounded tow for any repairs on vehicles at any repair facility.

a. The first valid complaint may result in a Contract suspension as a minimum.

5. THEFTS FROM VEHICLES - It is the CONTRACTOR'S responsibility for the security of the vehicles and all contents while in their possession. It is to be understood that theft(s) of items from vehicles is PROHIBITIVE, AND ILLEGAL.

a. Reported incidents of theft shall be subject to Police Department review, and possible criminal charges filed.

b. Theft incident(s) may lead to suspension and/or termination of Contract.

6. "CHASING" TOWS - The Aurora City Ordinance, Sec. 37-392, Responding When Not Requested, states: "It shall be unlawful for any person operating a wrecker to respond to an emergency tow service requested within the City without being specifically requested to do so by a member of the Aurora Police Department or owner/driver of one of the vehicles involved in the accident. This includes stopping at an accident scene and "soliciting" the tow to the owner/driver of the vehicle.

a. The first valid complaint may result in Contract termination.

7. CHANGE IN EQUIPMENT OR PERSONNEL - The CONTRACTOR must notify in writing to the Vehicle Impound Control office of the Police Department on any changes or additions to equipment or personnel prior to making the change.

Any violation(s) of the provisions set forth herein may be cause for suspension and/or contract termination.

SECTION III

PROPOSAL SUBMITTAL REQUIREMENTS

Each proposal shall include as a minimum the following information in the same order as presented:

1. Indicate whether or not your firm is available on a twenty-four (24) hours, 365 days per year basis, including weekends and holidays. If no, please explain.

2. Provide the following information regarding the firm’s available tow trucks (refer to TOWING SERVICES CONTRACT OBLIGATIONS, Section – A)

a. MFG.

b. YEAR

c. V.I.N.

d. REGISTRATION NO.

e. CLASSIFICATION (G.V.W.)

3. Provide the information identified in item 2 for any additional tow trucks available for the services.

4. Demonstrate tow trucks availability for performance of services under the contract.

5. Attach a copy of dealers’ invoices

6. Provide Public Utility Commission Number

7. Provide Public Utility history for the last three (3) years including complaints and accidents (Contact Colorado Public Utilities, Mr. Ted Barnett, 303-894-2846 for procedure.)

8. Provide the following information for each employee who will be performing services under this contract:

A. Name

B. Address

C. Home Phone

D. Date of Birth

E. Driver License No.

F. D.L. Classification

G. Driving Record Convictions. Also include a copy of the State of Colorado Motor Vehicle Record (MVR). Copies are available at the State of Colorado Motor Vehicle Department. DO NOT CONTACT THE CITY OF AURORA POLICE RECORDS FOR THESE REPORTS.

H. Felony Convictions. Also include a copy of a criminal history report available from the Colorado Bureau of Investigations Division. DO NOT CONTACT THE CITY OF AURORA POLICE RECORDS FOR THESE REPORTS.

I. Past and Present Physical Condition

9. Provide the following information regarding the firm’s operational locations:

A. Based site address.

B. Indicate if the location is owned or leased. If leased, provide the term of the lease period.

C. Date first established for towing services (month and year).

D. Principle location of operation to include address and phone number.

E. Owner or local responsible agent to include name, address, and phone number.

10. Indicate whether or not your firm complies with DOT drug testing regulations. Describe your drug testing program.

11. Demonstrate your firm’s ability to provide the required towing services taking into consideration all existing commercial and governmental business commitments.

THE CITY RESERVES THE RIGHT TO CONDUCT A BACKGROUND INVESTIGATION OF ALL TOWING FIRMS WITH REGARD TO COMPANY OPERATIONS AND THEIR EMPLOYEES.

SECTION IV

PROPOSAL EVALUATION

Proposals shall be evaluated based on the following criteria:

Phase I Pass/Fail

The firms must have the following in order to be considered further in the evaluation process:

1. Availability on a twenty-four (24) hour, 365 days per year basis;

2. Required number of tow trucks;

3. Public Utility Commission Number;

4. Valid permit issued by the Public Utilities Commission;

5. Licensed drivers; and

6. Primary business location within the limits of the City of Aurora.

Phase II

Firms meeting the criteria in Phase I will be evaluated based on the following criteria:

1. Availability of required number of tow trucks.

2. Public Utility history.

3. History of employees.

4. Drug testing policies.

SECTION V

SAMPLE SERVICE AGREEMENT

[pic]

SERVICE AGREEMENT

CITY OF AURORA

AURORA, COLORADO

TITLE: Vehicle Towing Services

FILE NO.: R-1235

P.O. NO.:

Service Agreement (REV. 08/04)

TABLE OF CONTENTS

Section I Contractor Responsibilities and Basic Services

Section II The City's Responsibilities

Section III Mutual Obligations of the City and Contractor

Section IV Payment and Fee Schedule

Section V Charter, Laws and Ordinances

Section VI Termination of Contract

Section VII Change Orders or Extensions

Section VIII Equal Employment Opportunity

Section IX Special Conditions

Section X Insurance Requirements

Section XI Examination of Records

Section XII Indemnification

Attachment 1: City of Aurora Insurance Requirements

Attachment 2: Independent Contractor Affidavit

A G R E E M E N T

THIS AGREEMENT, made as of the day of in the year Two Thousand and by and between the CITY OF AURORA, COLORADO, hereinafter called the CITY, and , a corporation with its principal place of business at , hereinafter called the CONTRACTOR, WITNESSETH, that whereas the CITY intends that the CONTRACTOR, upon written authorization as hereinafter specified, shall perform services as hereinafter provided; which are in accordance with the project scope and any addenda thereto, which scope of services by this CONTRACTOR together with addenda, if any, shall become a part of this Agreement.

NOW, THEREFORE, the CITY and the CONTRACTOR for the consideration hereinafter set forth agree as follows:

SECTION I - CONTRACTOR RESPONSIBILITIES AND BASIC SERVICES

A. The CONTRACTOR agrees to perform services in connection with projects as hereinafter stated. Refer to Special Conditions where applicable.

B. All work to be performed by the CONTRACTOR shall be authorized in writing through the Office of Purchasing Services subject to award as provided by Ordinance.

C. Time of performance. The services to be performed under this Agreement shall be commenced immediately upon issuance of a Service Agreement and a Purchase Order from the CITY and shall be completed no later than unless extended by the CITY in writing.

D. The CONTRACTOR shall inform the CITY in writing of any additional firms it intends to hire to perform work in connection with this Agreement and shall keep the CITY informed on any changes or additions to this information. The CITY will approve any additional firms prior to commencement of work per this Agreement. The CONTRACTOR shall be responsible for the performance of the additional firm(s). Nothing contained herein shall create any contractual relationship between any additional firm(s) and the CITY.

E. Scope of Work:

F. The CONTRACTOR shall be responsible for any injury to persons or damage to property to the extent arising from negligent or otherwise wrongful acts or errors and omissions of the CONTRACTOR, its agents and employees. If the CONTRACTOR knows of the damage the CONTRACTOR shall notify the City immediately. If the City discovers the damage, City will notify CONTRACTOR immediately. Repair shall be accomplished under City direction and to City specifications so property is in as good or better condition than before damage. The CONTRACTOR shall provide the CITY with a certificate of liability coverage in accordance per the attached form 410-33.

G. The CONTRACTOR understands and agrees that this agreement is composed of standards and quality of service that reflect upon the integrity and reputation of the City of Aurora and, in particular, the Aurora Police Department. The CONTRACTOR understands and agrees that the CONTRACTOR services provided under this Agreement shall not create a perception that will reflect negatively upon the City of Aurora.

H. The CONTRACTOR shall at all times meet ordinance requirements and standards of contracted vehicle storage lot.

SECTION II - THE CITY'S RESPONSIBILITIES

The CITY shall:

A. Provide full information including detailed scope as to its requirements for the services.

B. Give prompt notice to the CONTRACTOR whenever the CITY observes or otherwise becomes aware of any discrepancies in the services provided.

C. Furnish, or direct the CONTRACTOR to provide at the CITY'S expense, any necessary additional services.

D. The CONTRACTOR is not liable for delays in performance which are caused by the CITY, the CITY’S contractors, or events which are outside the control of the parties and could not be avoided by the exercise of due care.

SECTION III - MUTUAL OBLIGATIONS OF THE CITY AND CONTRACTOR

A. This Agreement does not guarantee to the CONTRACTOR any work except as authorized in accordance with Section I above, or create an exclusive contract.

B. The services and any and all interests contemplated under this Agreement shall not be assigned, sublet or transferred without the written consent of the CITY.

C. The CONTRACTOR and any and all of its personnel utilized by the CONTRACTOR under the terms of this Agreement shall remain the agents and employees of the CONTRACTOR and are not, nor shall be construed to be, agents or employees of the CITY.

D. All documents prepared in connection with these services shall become the property of the City.

SECTION IV - PAYMENT AND FEE SCHEDULE

The CONTRACTOR agrees to accept as full payment for Towing Services, the following amounts of compensation:

A. A single unit price per tow, regardless of $55.00

condition or location, to include but not

limited to extraordinary towing, winching,

hoisting, or use of dollies, etc.

B. Mileage charge for towing any type of vehicle, $1.50

from outside the established CITY OF AURORA per mile

City limits, to the nearest point of the CITY limit boundary.

Note: The payment and fee schedule may be adjusted upward/downward during the term

of the contract as determined to be in the City of Aurora’s best interest.

C. If a vehicle is to be held as evidence, the Police may direct CONTRACTOR to tow to any location for purpose of security and/or further investigation. In said event, if vehicle is towed to a location other than the Contracted Vehicle Storage Lot, the CITY shall reimburse CONTRACTOR for the tow at the designated tow rate.

1. CONTRACTOR must submit a copy of the tow ticket with case number and Officer’s signature and ID number along with an invoice to the Vehicle Impound Control office of the Police Department for approval. Upon approval, the documents will be processed for payment.

NOTE: CONTRACTOR shall not charge any rate for labor. All labor charges shall be included in the above unit cost. Further, the above unit cost shall remain FIRM, with no provisions for increase, for a period of three (3) years upon execution of Agreement. This Agreement will be renewed after each year up to the three year period. Such renewals will be based on satisfactory performance. In the event the CITY determines that the CITY's best interest would be served to not renew the Agreement, a thirty (30) days written notice will be sent to CONTRACTOR prior to expiration date.

SECTION V - CHARTER, LAWS AND ORDINANCES

The CONTRACTOR, at all times, agrees to observe all applicable Federal and State Laws, Ordinances and Charter Provisions of the City of Aurora, and all rules and regulations issued pursuant thereto, which in any manner affect or govern the services contemplated under this Agreement.

SECTION VI - TERMINATION OF CONTRACT

A. TERMINATION FOR CAUSE

In the event a material breach of this Agreement remains uncured following reasonable notice of said breach, the non-breaching Party may terminate this Agreement upon written notice specifying the effective date thereof, provided the CITY shall have at least thirty (30) days to cure any such alleged breach. In the event CONTRACTOR illegally discriminates among or against any person or persons, no opportunity to cure such breach need be provided by the CITY.

B. TERMINATION FOR GOVERNMENTAL CONVENIENCE

1. Change in CITY Policy. The CITY may terminate this Agreement at any time upon reasonable notice specifying the date thereof, provided the CONTRACTOR shall be compensated in accordance with this Agreement for all work performed up to the effective date of termination.

2. Non-Appropriation of Funds. The terms and conditions of this Agreement are subject to annual appropriation by the Aurora City Council.

3. The City’s liability for termination of this Agreement shall not exceed the total amount of this Agreement.

EFFECT OF TERMINATION

1. Ownership of Work Product. In the event of termination, all finished and unfinished work product(s) prepared by CONTRACTOR pursuant to this Agreement shall become the sole property of the CITY, provided the CONTRACTOR is compensated in accordance with this Agreement for all work performed in accordance with this Agreement up to the effective date of termination. CONTRACTOR shall not be liable with respect to the CITY’S subsequent use of any incomplete work product, provided CONTRACTOR has notified the CITY in writing of the incomplete status of such work product.

2. CITY’S Right to Set-Off and other Remedies. Termination shall not relieve CONTRACTOR from liability to the CITY for damages sustained as the result of CONTRACTOR’S breach of this Agreement; and the CITY may withhold funds otherwise due under this Agreement in lieu of such damages, until such time as the exact amount of damages, if any, has been determined.

SECTION VII - CHANGE ORDERS OR EXTENSIONS

The CITY may, from time to time, require changes in the scope of the services of the CONTRACTOR to be performed herein. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be incorporated in written Change Orders or Extensions to this Contract.

If the CONTRACTOR determines that a request by the CITY during the course of completing the services defined herein is not included in the scope of services defined in Attachment A, the CONTRACTOR shall submit to both the CITY’s Project Manager and the Manager of Purchasing Services, in writing, a claim within five (5) business days of the CITY’s request or of the event that prompted the proposed change.

A claim is any demand, contention, or assertion by the CONTRACTOR seeking additional time or money under the contract. Claims by the CONTRACTOR must be made in writing as specified herein. Claims from the CONTRACTOR must contain all of the following:

1. A narrative statement referencing and attaching the supporting documentation and specifically describing the legal, factual and contractual basis of the claim;

2. f the claim is for additional compensation, the claim must include a detailed calculation of the precise amount claimed with all supporting documentation. All claims must reference the specific contract provisions relied upon to support the claim. All claims must specifically reference, by name, this Section VII and the fact that the claim is being submitted under this Section VII. Any writing or other form of notice, however designated, which fails to specifically reference this Section VII, by name, shall not be deemed to constitute a valid claim hereunder.

Items 1 and 2 above shall hereinafter be referred to as the “Final Accounting.” An initial written notice of the CONTRACTOR’s intent to assert a claim (the “Initial Notice”) must be made in writing within three (3) days after the occurrence of the event giving rise to the claim or the right to submit a claim is waived. The CONTRACTOR shall submit all information reasonably available that is otherwise required in the Final Accounting at the time of the Initial Notice.

Within ten (10) days after the conclusion of the event giving rise to the Claim, the CONTRACTOR shall provide the Final Accounting. Failure to timely provide the Final Accounting shall constitute a waiver of the claim. Any waiver by the CITY of the notice requirements for the Initial Notice or the Final Accounting for a single claim, event, or occurrence shall not constitute a waiver of these notice requirements for any other claim, event, or occurrence. Each request for time or money by the CONTRACTOR shall be considered a separate claim. All information required in the Final Accounting must be submitted within the time limits established herein, and no supplementation of the information shall be permitted. Any attempted reservation of the right to submit or supplement an earlier made claim shall be void.

After review of the claim, the CITY shall make a decision whether the CONTRACTOR is entitled to a Change Order. If in the opinion of the CITY, the CONTRACTOR is entitled to a Change Order, the Project Manager shall initiate a written Change Order. If in the opinion of the CITY, the CONTRACTOR is not entitled to a Change Order, the CONTRACTOR shall receive notice of the decision in writing from the Office of Purchasing Services, and it shall be final. The CONTRACTOR may submit an appeal of the decision in writing to the Director of Internal Services within five (5) days of receipt of the decision from the Office of Purchasing Services.

SECTION VIII - EQUAL EMPLOYMENT OPPORTUNITY

A. The CONTRACTOR will not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, age, sex (gender), religion, creed, or physical or mental disability. The CONTRACTOR may adhere to lawful equal opportunity guidelines in selecting employees, provided that no person is illegally discriminated against on any of the preceding bases. This provision shall govern, but shall not be limited to, recruitment, employment, promotion, demotion, and transfer, and advertising therefor; layoff or termination; rates of pay or other compensation; and selection for training, including apprenticeship. The CONTRACTOR shall post, in all places conspicuous to employees and applicants for employment, notices provided by the State of Colorado setting forth the provisions of this nondiscrimination clause.

B. All solicitations and advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that CONTRACTOR is an equal opportunity employer.

C. The CONTRACTOR shall cause the foregoing provisions to be inserted in all subcontracts for any work contemplated by this Agreement or deemed necessary by CONTRACTOR, so that such provisions are binding upon each subcontractor.

D. The CONTRACTOR shall keep such records and submit such reports concerning the racial and ethnic origin of employees and of applicants for employment as the U.S., the State of Colorado, the City of Aurora, or their respective agencies may require.

E. The CONTRACTOR shall comply with such rules, regulations and guidelines as the United States, the State of Colorado, the City of Aurora, or their respective agencies may issue to implement these requirements.

SECTION IX - SPECIAL CONDITIONS

1. This Agreement shall be binding and in full force and effect starting on the date of execution, and will continue until midnight on the last day of the annual contract period. In the event the City in its own discretion chooses not to renew, the City will submit to CONTRACTOR a 30-day written notice of non-renewal prior to the annual expiration date of this Agreement. However, in the event termination for convenience or cause becomes effective then Sections VI and IX shall be applicable. All terms and conditions under our Request for Proposals R-????, are incorporated herein by reference.

a) CONTRACTOR agrees to perform all services to the satisfaction of the CITY. In the event that the CITY shall determine that the work is not being performed in accordance with the terms of this Agreement and the rules and regulations of the Colorado Public Utilities Commission, and the Colorado Department of Motor Vehicles Division or that the work is in whole or in part negligently or improperly performed, or that the CONTRACTOR has failed to provide good treatment to the public and prompt response to calls for service, then the CITY may, give written notice of such determination and terminate this contract immediately, without further notice to the CONTRACTOR.

b) In the event of any delay or non-performance by the CONTRACTOR of the terms of this Agreement, the CITY shall be free to obtain any required services from other sources without incurring liability or damages to the CONTRACTOR therefor. The CONTRACTOR understands and agrees that the CITY may utilize other companies with our without cause and CONTRACTOR may not seek compensation for such action.

2. The drivers and/or owners of CONTRACT together with any employees, shall not be deputized, nor shall any vehicle or truck of CONTRACTOR of any nature, be considered an emergency vehicle nor shall Contractor or employees act as such. Contractor shall assure and instruct tow drivers that traffic regulations shall be adhered to at all times. Under no condition shall drivers operate as an emergency vehicle.

3. CONTRACTOR shall comply with all Ordinances, Charters of the CITY OF AURORA and shall be licensed by the Colorado Public Utilities Commission and the CITY OF AURORA.

4. CONTRACTOR shall comply with all obligations as defined under "TOWING SERVICE CONTRACTOR OBLIGATIONS." See Attachment 3 attached hereto and incorporated herein.

5. It is specifically agreed and understood that the City has entered into this contract in reliance on its inspection and investigation of the equipment, establishment, facilities, business reputation and other general qualifications of CONTRACTOR, to assure acceptable standards of performance. Contractor shall be required to provide a complete current list of all vehicles utilized for this Agreement. CONTRACTOR also understands and agrees that the CITY shall conduct a random inspection of the vehicles. In the event the CITY requests a vehicle to be inspected, Contractor shall present to the City said vehicle forthwith and without delay as instructed by the City.

To further assure acceptable standards of performance during the duration of the contractual relationship of the CITY and CONTRACTOR, it is specifically agreed and understood that CONTRACTOR shall undergo no change in ownership or employees other than those in the employ of CONTRACTOR as of the effective date of this contract, without notice and prior approval of the CITY. It is also understood and agreed that the CITY may conduct a police background investigation or require CONTRACTOR to provide a completed background investigation of all employees that perform under this Agreement.

SECTION X - INSURANCE REQUIREMENTS

The CONTRACTOR shall provide the appropriate certificates of insurance and Worker Compensation documents, at no cost to the City, as described on Attachment #1. The CONTRACTOR further agrees and understands that they are to maintain and keep in force the appropriate insurance certificates throughout the term of this Agreement.

SECTION XI - EXAMINATION OF RECORDS

This clause applies if this contract agreement exceeds $10,000.00.

The Internal Auditor of the City of Aurora, or a duly authorized representative from the City of Aurora shall until three (3) years after final payment under this contract agreement have access to and the right to examine any of the contractor/contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract agreement.

The contractor agrees to include in first-tier subcontracts under this contract agreement a clause to the effect that the City's Internal Auditor, or a duly authorized representative from the City of Aurora shall, until 3 years after final payment under the subcontract have access to and the right to examine any of the contractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. "Subcontract," as used in this clause, excludes (1) purchase orders not exceeding $10,000.00 and (2) subcontracts or purchase orders from public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge.

The periods of access and examination as noted above for records relating to (1) litigation or settlement of claims arising from the performance of this contract agreement, or (2) costs and expenses of this contract agreement to which the City's Internal Auditor, or duly authorized representative from the City of Aurora has taken exception, shall continue until such appeals, litigation, claims, or exceptions are disposed of.

SECTION XII – INDEMNIFICATION

The CONTRACTOR shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against all claims, damages, liabilities, and court awards, including costs, expenses, and reasonable attorney fees, to the extent caused by any negligent or otherwise wrongful act, error, or omission of the CONTRACTOR, its officers, agents, and employees. The CONTRACTOR shall provide the City with prompt notice of any claim for which CONTRACTOR may be liable. Likewise, the City agrees to provide the CONTRACTOR with prompt notice of any claim for which indemnification may be sought hereunder and, further, to cooperate with the CONTRACTOR in the resolution of such claim. Nothing herein is intended to be or shall be construed to be a waiver of the City’s governmental immunity under C.R.S. Section 24-10-101, et. Seq., as amended.

In WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

ATTEST: CITY OF AURORA, COLORADO

By:

City Clerk Robert E. Cook, Manager

Purchasing Services

Date:

APPROVED AS TO FORM:

Assistant City Attorney

Risk Manager

Contractor

By:

Signature

Name (Type or Print)

Title

Date

[pic] ATTACHMENT 1

INSURANCE REQUIREMENTS

The vendor or contractor providing services under this agreement will be required to procure and maintain, at their own expense and without cost to the City of Aurora, until final acceptance by the City of all work covered by the Purchase Order or contract the following types of insurance. The policy limits required are to be considered minimum amounts:

Commercial General Liability Insurance policy with minimum limits of $600,000 combined single limit for each occurrence. This policy should have a Broad Form Endorsement and include the following coverages: Blanket Contractual Liability, Broad Form Property Damage, Completed Operations and Personal Injury.

Comprehensive Automobile Liability Insurance which includes coverage for all owned, non-owned and rented vehicles with a minimum limit of $600,000 combined single limit for each occurrence.

Worker Compensation and Employers Liability Insurance shall cover the obligations of the vendor/contractor in accordance with the provisions of the Workers Compensation Act, as amended, by the State of Colorado.

Subcontractor's Insurance shall be the responsibility of the vendor/contractor to ensure that subcontractors are properly insured to meet the above requirements before they are permitted to commence work on the project.

In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the contract shall also be protected by a Professional Liability Insurance policy. The following policy limit is to be considered a minimum amount.

Professional Liability Insurance policy with a minimum limit of $1,000,000 per claim. The policy shall provide coverage to protect the contractor against liability incurred as a result of the professional services performed under this contract.

The contractor shall provide Certificates of Insurance to the City of Aurora demonstrating that the aforementioned insurance requirements have been met prior to the commencement of work under this contract. The Comprehensive General Liability and Automobile Liability Certificates of Insurance shall have the City of Aurora, its elected and appointed officials, officers, employees, agents, representatives and the title of the contract as additional insured. These Certificates of Insurance shall also contain a valid provision or endorsement that these policies may not be canceled, terminated, changed or modified to the extent such change or modification would cause the City's mandatory coverage requirements as stated herein to be violated without a forty-five (45) day written notice prior to expiration of same to the City of Aurora. Such notice to be forwarded to the Purchasing Services Division of the City of Aurora, 15151 East Alameda Parkway, Aurora, Colorado. The insurance coverages enumerated above constitute the minimum requirements and said enumerations shall in no way lessen or limit the liability of the contractor under the terms of the Contract. The Contractor may procure and maintain at their own expense, any additional kinds and amounts of insurance, that in their own judgment, may be necessary for their proper protection in the performance of the work. Any of the minimum limits of insurance set out herein may be raised or lowered at the sole discretion of the Risk Manager for the City of Aurora in response to the particular circumstances giving rise to the contract.

Form No. 410-33

ATTACHMENT 2

INDEPENDENT CONTRACTOR AFFIDAVIT

It is hereby understood by the City of Aurora, Colorado and the Contractor _____________ that all work performed on Request for Proposal Number R-1235 is that of an independent contractor. An independent contractor is NOT a City of Aurora Employee and as such IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS. THE INDEPENDENT CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP. ADDITIONAL, IT IS UNDERSTOOD THAT INDEPENDENT CONTRACTOR IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS UNEMPLOYMENT COMPENSATION COVERAGE IS PROVIDED BY THE INDEPENDENT CONTRACTOR OR SOME OTHER ENTITY THAN THE CITY OF AURORA, COLORADO.

The parties hereto are in agreement.

Contractor Title

Signature Date

Name (type or print)

Notary

................
................

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