LEGAL NOTICE INVITATION TO BID TOWING AND STORAGE OF MOTOR VEHICLES

Transcription

1 LEGAL NOTICE INVITATION TO BID TOWING AND STORAGE OF MOTOR VEHICLES The City of Attleboro ( City ) invites sealed bids for towing and storage of motor vehicle services in accordance with BID SPECIFICATIONS prepared by the City. Bids will be received at the following address: Purchasing Assistant, Attleboro City Hall, 77 Park Street, Attleboro, MA until 11:00 a.m. on Friday, December 22, 2017, at which time they will be opened and read aloud. INFORMATION FOR BIDDERS, the SPECIFICATIONS and BID FORM FOR TOWING AND STORAGE OF MOTOR VEHICLES may be obtained in person from the Purchasing Assistant, Attleboro City Hall, 77 Park Street, Attleboro, MA 02703, or electronically at purchasing@cityofattleboro.us The City reserves the right to waive any informalities in or reject any or all bids as may, be in the best interest of the City. Barry K. LaCasse, Esq. Director of Budget and Administration City of Attleboro, Massachusetts (508) x 3234 P age 1 26

2 CITY OF ATTLEBORO INVITATION TO BID TOWING AND STORAGE OF MOTOR VEHICLES INFORMATION FOR BIDDERS 1.0 PURPOSE, RECEIPT and OPENING OF INVITATION TO BID 1.1 The City of Attleboro, acting under the authority of its duly appointed Chief Procurement Officer or his designee, herein called the City and/or Awarding Authority, will receive sealed bids (hereinafter bid, bids or bid form ) for Towing and Storage of Motor Vehicles ( towing services ). 1.2 The purpose of this Invitation to Bid (hereinafter referred to as "ITB") is to secure vehicle towing and related services for vehicles ordered towed by the Attleboro Police Department ("APD"). The agreements resulting from this ITB will support removal of unsafe or inoperable vehicles from the roadways, removal of abandoned vehicles before they become safety hazards, and storage and protection of vehicles that may be connected to crimes. The successful Bidder will be an integral part of the City's public safety response. The vehicles will be located within the Attleboro city limits. The services include, but are not limited to, towing, storing, protecting, and releasing or otherwise disposing of vehicles. See Exhibit A for the proposed Agreement for Towing and Storage of Motor Vehicles. 1.3 Approximated towing information for the years 2012 through 2017 are as follows: Year Approximate number of tows (as of December 7, 2017) The quantities provided therein are for informational purposes only. There is no guarantee as to the actual quantity of services that will be required from the successful Bidder(s). The initial term of the agreement shall be one (1) year. At the discretion of the City, the agreement may be extended in one (1) year increments for an additional two (2) years. P age 2 26

3 1.4 Such bids, addressed to the Purchasing Assistant s Office, and marked on the outside of the envelope "TOWING SERVICES BID", will be received on behalf of the City, at the Attleboro City Hall, 77 Park Street, Attleboro, MA 02703, until 11:00 a.m. prevailing time, on Friday, December 22, No bids received after the time and date established herein for the opening of bids shall be accepted or considered, regardless of the cause for delay in the receipt of such bids. 2.0 BID FORM 2.1 Each bid shall be submitted on the required Bid Form, a copy of which is attached hereto as Exhibit B. 2.2 Bid forms must be completed in ink or by typewriter. 2.3 The Contractor will be required to pay to the City an annual administrative fee (Annual Administrative Fee), payable in full upon the execution of the Agreement, and thereafter upon each subsequent annual renewal date. For the purposes of this ITB, the Annual Administrative Fee must be at least One Hundred and Ten Thousand Dollars ($110,000.00). Any offer below the minimum Annual Administrative Fee will result in proposal disqualification. 3.0 BID DEPOSIT 3.1 Each Bid submitted shall be accompanied by a bid deposit in the form of a bid bond, or cash, or a certified check, or a treasurer's or cashier's check issued by a bank or trust company in the amount of five (5%) percent of the value of the proposed bid, payable to the City. 3.2 All bid deposits of general bidders, except those of the three highest responsible and eligible bidders, shall be returned within five (5) days, Saturday, Sunday and legal holidays excluded, after the opening of bids. The three deposits held shall be returned upon execution and delivery of the Contract; except that if the selected bidder fails to execute a contract and furnish the required bonds and insurance certificates, the bidder's deposit shall become the property of the Awarding Authority as liquidated damage in an amount not to exceed the difference between the bidder's bid price and that of the next highest responsible bidder. 3.3 In case of death, disability, or other unforeseen circumstances affecting the bidder which materially impairs the bidder's ability to perform, such bid deposit may be returned. 3.4 After execution of the Contract and acceptance of the bonds by the City, the bid deposit accompanying the proposal of the successful bidder will be returned. P age 3 26

4 3.5 All bid deposits will be returned on the execution of a Contract, or if no award is made within 60 days after the date of opening of bids, unless forfeited under the conditions stipulated above. 4.0 COMPARISON OF BIDS Bids will be compared on the basis of the amount bidders propose to pay the City for awarding the Contract to the successful bidder. In addition, the City shall consider awarding an agreement only to responsible bidders. Responsible bidders are those that have, in the sole judgment of the City, the financial ability, character, reputation, resources, skills, capability, reliability, and business integrity necessary to perform the requirements of the agreement. 5.0 WITHDRAWAL OF BIDS Any bid may be withdrawn prior to the opening of bids. However, bidders may not withdraw or modify their bids for a period of sixty (60) days, Saturday, Sunday or legal holidays excluded, following the opening of bids. 6.0 ADDENDA AND INTERPRETATIONS All questions by prospective bidders as to any information contained within this bid package must be submitted in writing to the Purchasing Assistant, Attleboro City Hall, 77 Park Street, Attleboro, MA 02703, or electronically at purchasing@cityofattleboro.us, at least 10 (10) days before the date set herein for bid opening. 7.0 DELETIONS FROM CONTRACT The Awarding Authority reserves the right, prior to award of contract, to delete any portion of the Contractor's work and to adjust the quantities of work at any time. 8.0 EXAMINATION By submitting a bid, the bidder warrants that s/he has thoroughly examined the Specifications (Exhibit C) and is fully acquainted with all conditions and restrictions pertaining to the bid items. No claim for any extra work or extension of time will be allowed for failure to observe this requirement. Conditional bids will not be accepted. 9.0 PERFORMANCE BOND AND INSURANCE 9.1 The selected bidder shall provide a Performance Bond at the time of execution of the contract. 9.2 The bond shall be in the amount of the proposed Annual Administrative Fee, shall be issued by a surety qualified to do business under the laws of the Commonwealth and satisfactory to the Awarding Authority, and shall be in a form substantially similar to Exhibit D. P age 4 26

5 9.3 The selected bidder shall maintain such insurance as will protect it from claims under the workmen's compensation acts and claims for bodily injury, death, or property damage which may arise from the performance of its service under the proposed Contract. The bidder shall maintain insurance coverage as follows: (a) Garage Liability Insurance with a combined single limit of five hundred thousand ($500,000.00) dollars for personal injury and property damage including, without limitation, damage to towed vehicles due to negligence in towing, theft, fire loss or vandalism sustained while the vehicle is in storage. (b) Automobile Liability Insurance that has a combined single limit for personal injury and property damage of five hundred thousand ($500,000.00) dollars. (c) Workmen's Compensation in the statutory amounts. The Selected Contractor shall furnish evidence of any or all insurance coverages at least thirty (30) days prior to the award of contract or at any time throughout the contract period. The City will be listed on all required policies as an additional named insured as its interest may appear ABILITY AND EXPERIENCE 10.1 The Awarding Authority will not award a contract to any bidder who cannot furnish satisfactory evidence of its ability in this type of work and that it has sufficient manpower to enable it to prosecute and complete the work as required The Awarding Authority may make such investigations as it deems necessary to determine the above, and a bidder shall furnish any information requested in this regard and shall furnish the same under oath, if required The Awarding Authority has determined that the Contractor must be able to respond to any location in City within fifteen (15) minutes with a proper towing vehicle which is adequately staffed by trained personnel. In the event the Contractor does not respond to a tow service call within fifteen (15) minutes, the City may contact another tow company for the service call. In such an event, the Contractor shall not be entitled to any credit or adjustment from the City RIGHTS OF THE AWARDING AUTHORITY 11.1 The Awarding Authority may reject Bids that are incomplete, conditional, or obscure or that contain additions or erasures that are not initialed or other irregularities The Awarding Authority reserves the right to reject any and all bids as may be in the best interest of the City. P age 5 26

6 12.0 EXECUTION OF THE CONTRACT 12.1 Within ten (10) days of the receipt of a Contract signed by the successful bidder and receipt of an acceptable bond, the Awarding Authority shall sign the Contract and return a duplicate of the executed Contract to the Contractor Unless otherwise specified in the Bid Specifications, a Notice to Proceed shall be issued within ten (10) days of the execution of the Agreement. This time may be extended by mutual agreement of the Awarding Authority and the Contractor NON-DISCRIMINATION IN EMPLOYMENT 13.1 A Contract for work under this proposal shall obligate the Contractor not to discriminate in employment practices Bidders must, if requested, submit compliance reports concerning their employment practices and policies in order to maintain their ability to receive an award of Contract. Bidders must, if requested, submit a list of all subcontractors who will perform work on this Contract CONTRACTOR RECORDS The Contractor shall retain his/her records for at least six (6) years after final payment. During this six (6) year period, any authorized representative of the City shall have the right to inspect these records CONFLICTING SPECIFICATIONS Wherever a conflict exists between the Specifications and Massachusetts laws, rules, or regulations, the laws or rules or regulations of the Commonwealth of Massachusetts shall prevail LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable Federal, State, and municipal laws, regulations and by-laws shall apply to the contract as though they were written out in full METHOD OF AWARD The Contract will be awarded on the basis of the highest bid amount to be paid to the City by a qualified bidder. P age 6 26

7 EXHIBIT A P age 7 26

8 AGREEMENT FOR TOWING AND STORAGE OF MOTOR VEHICLES THIS AGREEMENT is made this day of, 2018, by and between the City of Attleboro, a municipal corporation, organized and existing under the laws of the Commonwealth of Massachusetts, hereinafter referred to as the City, and, of, Massachusetts, hereinafter referred to as the Contractor. WHEREAS, the City finds it necessary to order that certain vehicles be towed to and stored at a place convenient to the City; WHEREAS, the Contractor is willing to provide such towing and storage services at the request of the Chief of Police or his designee; and WHEREAS, it is the City's, intent, and the Contractor agrees, that this Contract to tow and store shall not be exclusive. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agreed as follows: 1. SCOPE. Upon the request of the Chief of Police or his designee, the Contractor agrees to tow and to store all motor vehicles ordered removed pursuant to applicable law. Such services shall be delivered in accordance with this Contract, and with the Specifications, the Bid, and the Invitation for Bid, all of which are attached hereto and all of which are incorporated herein by reference and made a part of this Contract. The City expressly reserves the right to obtain towing services from tow companies other than the Contractor both for general towing and in times of snow emergencies or other emergencies or if the Chief of Police or his designee for any reason determines it to be in the best interest of the City. The City further reserves the right to obtain the services of a tow company other than the Contractor in the event that a vehicle used to carry oil or any hazardous material must be towed, unless the Contractor has insurance in the amount of five million ($5,000,000.00) Dollars which covers any liability for environmental damage which may arise out of the transportation of oil and hazardous materials. If the Contractor does have the insurance specified above, the City may, but is not required, to have the Contractor provide towing services for a vehicle used to carry oil or any hazardous material. 2. TERM The initial term of the Agreement shall be one (1) year, commencing on, 2018, and extending through. At the discretion of the City, the Agreement may be extended in one (1) year increments for an additional two (2) years, for a maximum term of three (3) years. P age 8 26

9 If the Chief of Police determines that the Contractor is at any time in default under the terms of the Specifications, fails to give satisfactory service to the City under the terms of the Specifications or has failed to comply with all applicable statutes, ordinances, and regulations, the City may suspend or terminate this Contractor by giving the Contractor written notice of said suspension or termination, specifying the effective date thereof, at least five (5) days prior to said effective date. 3. PAYMENTS TO THE CONTRACTOR The Contractor shall collect and receive payment for all services rendered under this Contract from the vehicle owners, with the exception of motor vehicles towed and disposed of as refuse pursuant to G.L. c. 90, s. 22C, in which case the City shall be responsible for payment. The City shall not be liable in any way for the collection or payment of any towing or storage charge for any vehicle ordered towed by an authorized public official other than for motor vehicles towed and disposed of pursuant to G.L. c. 90, s. 22C. 4. ANNUAL ADMINISTRATIVE FEE Upon execution of the contract, Contractor shall pay to the City, without offset, deduction, prior notice, or demand, as the "Annual Administrative Fee, the sum of ($ [amount as bid]). If this Agreement is extended and renewed, then said Annual Administrative Fee shall also be due and payable to the City on each of said renewal dates. Any late payment shall constitute a breach of contract, giving rise to City's remedies as set forth below. Further, any late payment will be subject to a late penalty consisting of an administrative charge on the late amount, calculated at the rate of five percent (5%) of the amount of the late payment or portion thereof. The parties agree that the late charge represents a fair and reasonable estimate of the costs the City will incur because of late payment. Acceptance of the late charge by the City shall not constitute a waiver of Contractor s default for the overdue amount, nor prevent the City from exercising the other rights and remedies granted under this Contract. 5. INSURANCE Not less than thirty (30) days prior to the effective date of this Contract or any extension thereof, the Contractor must submit to the City an acceptable certificate of insurance evidencing insurance coverage of the following types and in the following minimum amounts, which insurance coverage shall be maintained throughout the term of this Contract. a. Garage Liability Insurance with a combined single limit of five hundred thousand ($500,000.00) dollars for personal injury and property damage including without limitation P age 9 26

10 damage to towed vehicles due to negligence in towing, theft, fire loss or vandalism sustained while the vehicle is in storage. b. Automobile Liability Insurance that has a combined single limit for personal injury and property damage of five hundred thousand ($500,000.00) dollars. c. Workmen's Compensation in the statutory amounts. The certificate of insurance should provide that the City shall be listed as an additional named insured as its interest may appear and the City shall have thirty (30) days advance notice of cancellation. 6. HOURS OF OPERATION AND LOCATION OF STORAGE FACILITY. Towing services must be provided in accordance with the Specifications attached hereto and incorporated herein by reference. Vehicles are to be removed to a convenient place that meets the requirements of the Specifications, the location of such storage facility being on file with the Chief of Police. The City reserves the right to inspect such storage facility and all vehicles and equipment used by the Contractor in the performance of the Contract at any time. The Contractor warrants that it has, and will continue to have for the term of this Contract or any extension thereof, storage space which safely and adequately meets the requirements of the Specifications. 7. EQUIPMENT The Contractor warrants that it has, and will continue to have for the term of this Contract or any extension thereof, the towing equipment required by the Specifications. 8. PERSONNEL The Contractor further warrants that it has, and will continue to have for the term of this Contract or any extension thereof, in its employ a sufficient number of persons experienced in towing operations such that the Contractor's obligations under this Contract will be safely and promptly carried out in accordance with the requirements of the Specifications. 9. STANDARDS OF PERFORMANCE The Contractor warrants that it is experienced in towing and storage operations, and agrees that it may be held to the standards usually adhered to by persons or entities who are experienced in towing and storage operations. 10. RECORDS The Contractor shall, upon request, provide the Chief of Police, or his designee, with any records, statistics, or other information pertaining to the towing and storage undertaken by the Contractor pursuant to this Contract including without limitation the information and reports required in the specifications. P age 10 26

11 11. COMPLIANCE WITH THE LAW In performing any work under this Contract, the Contractor shall comply with all Federal laws, state laws, and by-laws applicable to the aforesaid work, as well as with all rules, regulations and policies of any regulatory agency or tribunal having jurisdiction over the aforesaid work and the reasonable requests of the Police Department. 12. INDEMNIFICATION The Contractor shall assume all responsibility for the work performed under this Contract, and shall take all precautions for preventing injuries to persons or damage to property in performing the work required hereunder. The Contractor shall indemnify and hold harmless the City from all claims, damages, judgments and/or settlements, and from any and all liability of every nature and description which the Contractor or its agents or employees or other third persons may suffer through damage to property, personal injuries (including death) or which otherwise arise out of the work provided under this Contract, by reason of the acts or omissions of the Contractor, its agents or employees in the performance of this Contract. 14. AMENDMENT This Contract may be modified or amended only by a written instrument signed by both parties. 15. SEVERABILITY If any term or provision of this Contract or any Exhibit attached hereto or to the application thereof to any person or circumstances shall, to any extent be invalid or unenforceable, the remainder of this Contract and the application of such term or provisions to persons or circumstances other than those as to which is held invalid or unenforceable shall not be affected thereby, and each term or provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 16. ENTIRE AGREEMENT The Contract represents the entire agreement of the parties with respect to the towing and storage of motor vehicles at the request of the Chief of Police, his designee, and supersedes any prior agreement understandings and representations whether written or oral. 17. NOTICES Except as otherwise provided all notices required or permitted to be given hereunder shall be in writing and shall be delivered by certified or registered mail to the parties at the following address or such other address or addresses to which a party shall have notified the other party in accordance with this Section. P age 11 26

12 If to the City: with a copy to: Mayor Attleboro City Hall 77 Park Street Attleboro, MA Chief of Police 12 Union Street Attleboro, MA If to the Contractor: 18. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 19. DEFAULT If either party shall fail to keep any of the agreements herein or to make any payments herein provided for, in addition to any other remedies available at law or in equity, the other party may, by giving the party in default written notice, cancel and terminate this agreement as and from the expiration of three (3) days from the receipt of said notice 20. ASSIGNMENT The Contractor has no right to assign this Contract to any other person, entity or successor. Any attempted assignment by the Contractor shall be deemed a material breach of this Contract. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this instrument and five others of like tenor as of the date first written above. CONTRACTOR: By: Title: CITY: By: Title: APPROVED AS TO FORM: By: City Solicitor P age 12 26

13 EXHIBIT B P age 13 26

14 BID FORM TOWING AND STORAGE OF MOTOR VEHICLES TO: PURCHASING ASSISTANT ATTLEBORO CITY HALL 77 Park Street Attleboro, MA The undersigned submits the below quotations and other information required for the TOWING AND STORAGE OF MOTOR VEHICLES within the City and declares that it is made in good faith and without collusion or fraud with any person, (which term includes any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals) making any other proposal or who otherwise would make a proposal and agrees to furnish the services described in accordance with the specifications which consist of this bid form and all attached documents and instructions. 2. The undersigned agrees that no person in the employ of the City is pecuniary interested in this proposal or in the CONTRACT which s/he proposes to execute, and that s/he has informed him/herself fully in regard to all specifications pertaining to the performance of the CONTRACT for towing and storage services. 3. The undersigned agrees that s/he will, within ten (10) DAYS after acceptance by the City of this proposal, deliver to the City, where directed, a properly executed contract on the form annexed with such non-material changes, if any, that the City deems appropriate. 4. Bid Price: A. Contractor agrees to tow municipal vehicles at no charge: [ ] YES [ ] NO B. The Contractor will be required to pay to the City an annual administrative fee (Annual Administrative Fee), payable in full upon the execution of the Agreement, and thereafter upon each subsequent annual renewal date. For the purposes of this ITB, the Annual Administrative Fee must be at least One Hundred and Ten Thousand Dollars ($110,000.00). Any offer below the minimum Annual Administrative Fee will result in proposal disqualification. Annual Administrative Fee the Contractor is willing to pay to the City of Attleboro (stated in numbers) $ Annual Administrative Fee the Contractor is willing to pay to the City of Attleboro (stated in words) P age 14 26

15 5. The Contractor owns, leases or has an agreement to own or lease each item of equipment that s/he intends to use to perform the services required under the Contract. A. The following equipment is currently owned, leased, or under agreement to own or lease. (If not owned, the form indicates owner and documents concerning lease or purchase agreement are attached.) (i) (ii) (iii) (iv) Year Make Registration number Equipment type Lift capacity Operating condition/mileage Owner of equipment Year Make Registration number Equipment type Lift capacity Operating condition/mileage Owner of equipment Year Make Registration number Equipment type Lift capacity Operating condition/mileage Owner of equipment Year Make Registration number Equipment type Lift capacity Operating condition/mileage Owner of equipment (See additional sheets if necessary) B. Other equipment - which Contractor intends to use, and whether owned, leased or under agreement to own or lease: 6. Number of repair plates available: P age 15 26

16 Registration Number of each: 7. Address where tow trucks will be housed during the term of this Agreement or any extension thereof: Owner of Property: 8. Address of lot(s) where towed vehicles will be stored in City. Contractor certifies that use of such lot(s) conforms with zoning bylaws. (If more than one location is proposed, Contractor has submitted information pertinent to each location, using separate sheets as necessary). 9. For each storage lot not owned by Contractor, documentation is attached indicating Contractor's agreement with the owner to use such lot. 10. a. Indoor storage will be provided as follows: 1. Number of storage spaces: 2. Size of storage spaces: 3. Describe access drives to facilities: 4. Is building heated? 5. Rate per 24 hour period or any part thereof $ 6. Location: 7. Owner: b. Outdoor storage will be provided as follows: 1. Total square feet available: 2. Maximum number of automobiles which can be accommodated at any time: 3. Is area paved? 4. Is area fenced? If so indicate height of fence: 5. Location of access drives: 6. Is area lighted? 7. Location: 8. Owner: (Additional sheet(s) attached if more than one location.) 11. The following communication equipment is used by the Contractor: A. Type of equipment: 1. Purchased: [ ] Leased [ ] DATE: B. Base location: C. Call letters/number: D. F.C.C. License: P age 16 26

17 E. Following Vehicles are radio equipped: 12. The Contractor (has/does not have) space for emergency towing (that is, in case of a serious of snow storms or unusual emergency) in addition to normal storage facilities? If so: a. Number of spaces: b. Where located: 13. Number of experienced individuals available for: a. Towing service during normal 8-hour day: b. Towing service nights, holidays, and Sundays: For each such experienced individual, the-following information is provided: (1) Complete Name: first name middle initial last name Current Address: Prior Address: Driver's License Number: Date of Birth: (2) Complete Name: first name middle initial last name Current Address: Prior Address: Driver's License Number: Date of Birth: (3) Complete Name: first name middle initial last name Current Address: Prior Address: Driver's License Number: Date of Birth: P age 17 26

18 (4) Complete Name: first name middle initial last name Current Address: Prior Address: Driver's License Number: Date of Birth: Copies of Driver s Licenses to be submitted with this bid form. Attached is an executed form granting the police department authorization to investigate any criminal offender record information concerning such individuals and reveal the same to the City in connection with the evaluation and awarding of a contract as a result of this bid. 14. The following car opening equipment is available for use in connection with the towing of vehicles: 15. Attached to this proposal are the following: A. A copy of Massachusetts Department of Public Utilities Certificate to Tow rights; and B. Certificates or Binders of the following insurance: 1. Garage Liability Insurance with a combined single limit of five hundred thousand ($500,000.00) dollars for personal injury and property damage including without limitation damage to towed vehicles due to negligence in towing, theft, fire loss or vandalism sustained while the vehicle is in storage. 2. Automobile Liability Insurance that has a combined single limit for personal injury and property damage of five hundred thousand ($500,00.00) dollars. 3. Workmen's Compensation in the statutory amounts. NOTE: Contractor agrees to add the name of the City as an additional named insured. 16. Number of years providing tow service: Other Municipalities for which towing services provided: THIS PROPOSAL IS SIGNED BY ALL AUTHORIZED PERSONS. CONTRACTOR ACKNOWLEDGES THAT THIS PROPOSAL MAY BE REJECTED IF FULL AND ACCURATE INFORMATION IS NOT GIVEN. P age 18 26

19 The following completed section applies to Contractor: A. Individual owner: State full name and address of owner. If business is carried in a name other than that of owner, state such name and address. B. Partnership: State full name and address of all partners: C. Corporation: Incorporated in the state of: President is: Treasurer is: Place of business in is: Stockholders: Directors: DATE: CONTRACTOR SUBMITTING THIS BID: Signature: Name: Title: (if applicable) The undersigned authorizes the Police Chief to review and release to the City of Attleboro any criminal offender records pertaining to me for use in determining may suitability for performing work in connection with a Contract for towing and storage. DATE: P age 19 26

20 EXHIBIT C P age 20 26

21 SPECIFICATIONS FOR THE TOWING AND STORAGE OF MOTOR VEHICLES NOTE: Failure to comply with the requirements of these specifications shall be grounds for the suspension or termination of a Contract awarded to the successful bidder. 1. The Contractor shall tow each and every vehicle that the Chief of Police or his designee orders to be towed. The Contractor shall respond to the location of each such request within fifteen (15) minutes with appropriate equipment and personnel. In the event the Contractor does not respond to a tow service call within fifteen (15) minutes, the City may contact another tow company for the service call. In such an event, the Contractor shall not be entitled to any credit or adjustment from the City. 2. Fees for the towing and storage of all vehicles by order of the Chief of Police or his designee under the proposed contract shall not exceed the maximum rate for towing established by the Department of Public Utilities pursuant to G.L. c. 159B, Section 6B, and the maximum rate for storage as set forth in G.L. c. 159B, Section 6B. The Contractor shall attach to his/her bid a copy of the certificate from the Department of Public Utilities authorizing the operations to be performed under the proposed Contract and a copy of the tariff filed with the Department of Public Utilities, containing all the rates and charges for the transportation of property and other services required under the proposed Contract. Within seven (7) days of the execution of a Contract for Towing and Storage of Motor Vehicles, the Contractor shall file a copy of the same with the Department of Public Utilities. The Contractor shall post conspicuously at the place where owners and operators may pick up a vehicle that has been towed, the current rate in effect under G.L. c. 159B, Section 6B, and the regulations thereunder. 3. Vehicles are to be towed to a convenient place in the City. Any outside area to be used for the storage of vehicles under the Contract must be enclosed by a fence and adequately secured, as approved by the Chief of Police. The Contractor must have spaces to store at least thirty (30) vehicles. 4. The Chief of Police reserves the right to inspect the premises and all vehicles and equipment used to provide the services required under the proposed Contract. P age 21 26

22 5. Towing Service must be available twenty-four (24) hours per day, seven (7) days per week. The Contractor shall be open each day to release any towed motor vehicle at least during the hours of 7:00 a.m. and 7:00 p.m. 6. When an APD officer is present at the vehicle location, the Contractor shall coordinate with the officer for clean up and removal of vehicle debris. Unless directed by APD to not clean up or remove debris, the Contractor shall treat oil or gasoline spills, and remove broken glass or other vehicle debris or parts associated with the vehicle to be impounded. 7. If any vehicle is towed at the request of the Attleboro Police Department and remains in storage for a period exceeding ten (10) days, the Contractor shall notify the Police Department immediately in order that proper notification may be made in accordance with the requirements of G.L. c. 90, Section 22C and G.L. c.135, Section In the event that the Contractor is ordered by the APD to tow a vehicle to a lot owned or used by the City, no storage fee shall be assessed for such storage. 9. The Contractor shall permit the operator/owner of the motor vehicle to remove his or her personal property (not otherwise affixed to the motor vehicle) from the motor vehicle prior to towing the same, provided that the operator or owner of the motor vehicle is present at the time of the towing. The Contractor shall permit the operator/owner of the motor vehicle to remove his or her personal property (not otherwise affixed to the motor vehicle) at least during the hours of 7:00 a.m. and 7:00 p.m. each day that the vehicle is in storage. 10. Before the Contractor hires or allows any individual to be operationally or administratively involved in the towing, storage or disposal of motor vehicles under its Contract with the City, the Chief of Police must be given the following information: the name of the individual, his/her current address his previous address, his/her driver's license number, his/her date of birth, and authorization to check and disclose to the City his/her criminal record, as more specifically set out in the attached Personnel Disclosure Form. 11. The Contractor shall give to the owner a receipt stating all charges paid by the owner. A copy of each such receipt must be given to the Police Department at the end of each calendar month. 12. The Chief of Police may request that an individual performing work for the Contractor under the proposed Contract cease performing said work. The Chief of Police shall state the reasons for such request. Upon receipt of said request, the contractor shall immediately reassign said individual. 13. The Contractor shall provide the Chief of Police or his designee access to or copies of any records, statistics or other information pertaining to towing and storage provided under the Contract. Within thirty (30) days of the end of each month that the Contractor performs services under the Contract, the Contractor shall submit to the Police Department the reports set out in the attached proposed Agreement for Towing and Storage of Motor Vehicles. P age 22 26

23 14. The Contractor shall provide the following vehicles: (a) one truck with a crane capable of lifting ten (10) tons; (b) tow trucks, including at least one (1) flat bed ram truck and one (1) wheel lift truck. (c) The following additional vehicles: Each vehicle shall contain the following equipment: One hundred (100) continuous feet of 3/8 inch cable, two (2) snatch blocks, one (1) broom and receptacle to pick up debris, one (1) fire extinguisher, one (1) first aid kit, one (1) 4" and one (1) 6" pinch bar, one (1) set of flares, and one (1) hydraulic jack. Each vehicle shall be equipped with dual tires in the rear and shall have an amber light capable of rotating 360 degrees. 15. All municipal vehicles will be towed at no charge to the City. P age 23 26

24 PERSONNEL DISCLOSURE FORM For each individual, give the following information: Name: (Complete name, first name, middle initial, last name) Current Address: Previous address if moved within last year: Driver's License No.: Date of Birth: The undersigned authorizes the Police Chief to review and release to the City of Attleboro any criminal offender records pertaining to me for use in determining may suitability for performing work in connection with a Contract for towing and storage. DATE: P age 24 26

25 EXHIBIT D P age 25 26

26 PERFORMANCE BOND We, the undersigned, (Name of Contractor), (Address of Contractor) (Corporation, Partnership, or Individual) hereinafter called Principal, and, (Name of Surety), (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF ATTLEBORO, 77 Park Street, Attleboro, MA 02703, hereinafter called Owner, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made. We hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of this obligation is such that the Principal entered into a certain contract with the Owner, dated the day of, 2018, a copy of which is attached hereto and made a part hereof, for the project known as and the Principal and Surety bind themselves to the Owner for the performance of the contract. Now, therefore, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period set forth in the contract, and if it shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by a reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise, this bond shall remain in full force and effect; provided, further, that the said Surety for value received hereby agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. Provided, further, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed on this, 2018 day of CONTRACTOR AS PRINCIPAL SURETY P age 26 26