ADVERTISEMENT FOR BIDS Notice is hereby given that the City of Beacon shall receive sealed proposals for: Towing Services until 11:00 a.m. on Thursday, December 11, 2015, at City Hall, One Municipal Plaza, Suite One, Beacon, New York, at which time and location all bids received shall be publicly opened and read aloud. To request a bid package, call, write, or email: Etha Grogan City of Beacon City Hall One Municipal Plaza, Suite One Beacon, New York 12508 845-838-5002 egrogran@cityofbeacon.org The City of Beacon reserves the right to waive any informalities or deficiencies, and/or reject any or all bids. Licenses shall be issued to up to three (3) bidders selected by the City as representing the lowest responsible and qualified bidders. DATED: November 24, 2015 PUBLISHED: November 30, 2015
City of Beacon Beacon, New York 12508 DATE: November 24, 2015 Notice is hereby given that sealed proposals are sought and requested for the following: BID OPENING INFORMATION Name: Franchise Tow Services Bid #: 11012015 Date: December 11, 2015 Time: 11:00 a.m. Place: One Municipal Plaza, Suite One Beacon, New York 12508 Contact Person: Etha Grogan BID PROCEDURE INFORMATION Bids shall be submitted in sealed envelopes addressed to: City of Beacon Bid Proposal One Municipal Plaza, Suite 1 Beacon, New York 12508 On the face of said envelope, the following information shall be included: 1) Name and address of Bidder 2) Name of Bid 3) Date and time of Bid Opening It is each bidder's responsibility to read the within bid criteria and conditions and the attached GENERAL CONDITIONS. Submission of a sealed bid in response to this advertisement shall be a representation by the bidder that it has read, fully understands and will comply with said GENERAL CONDITIONS in submitting its bid and in the event it is awarded a license pursuant to this advertisement. Sincerely, Anthony J. Ruggiero, MPA City Administrator
Request for Proposals Tow Services City of Beacon A. Description of Services The City of Beacon is seeking proposals to provide towing services as outlined below. The City shall issue licenses to up to three (3) successful bidders. The licenses will be valid for up to three (3) years, renewable on an annual basis, subject to further extension for up to an additional three years, renewable annually. The successful bidder(s) shall be placed on a rotating tow list maintained by the City. Once placed on the list, the successful bidders will receive calls from the City of Beacon Police Department to tow vehicles that are disabled, seized during traffic stops, parked illegally or in violation of a City ordinance or damaged in a traffic accident. NOTE WELL THAT AS THE CITY IS SEEKING TO ISSUE LICENSES TO UP TO THREE (3) SUCCESSFUL BIDDERS (AS THE INTENT IS TO CALL FOR TOWING SERVICES ON A ROTATING LIST), THE CITY INTENDS TO NEGOTIATE A UNIFORM RATE TO BE CHARGED BY ALL SELECTED BIDDERS. B. Qualifications To be considered for a license, each bidder submitting a response to this advertisement must certify that they are able to satisfy the following qualifications: 1. The bidder shall have at least two (2) tow trucks in service at all times, one of which shall be a flatbed 2. During regular business hours (9:00 a.m. to 5:00 p.m.) the maximum response time from the time the bidder receives a call for service shall be twenty (20) minutes. Outside of regular business hours, maximum response time shall not exceed thirty (30) minutes. 3. The bidder shall have a 24 hour answering service or dedicated phone line staffed by live personnel to take calls for service. 4. The bidder shall have use of a secured storage yard or other facility located within a ten (10) mile radius of City Hall, located at One Municipal Plaza, Beacon, New York 12508. 5. The bidder shall obtain and keep in effect, for the duration of its license, insurance policies of the type and with such limits as are specified in Section D below. C. Standards and License Conditions In addition to the qualifications above, each successful bidder shall be held to the service standards and license conditions set forth below. Acceptance of a license from the City shall be a representation by the bidder that it understands and agrees to these standards and license conditions in exchange for issuance of the license.
1. The following shall constitute missed responses by a tow service provider: a. Failure or refusal to respond to a call for service. b. Physical incapability to tow a particular vehicle. c. Failure to respond timely to a call for service. 2. Upon two (2) or more missed responses, the City shall have the option of suspending or terminating a license, at the City s sole discretion. 3. The City shall have the option to suspend or terminate a license in response to poor service or complaints by members of the Police Department or the public. 4. Successful bidders shall tow City vehicles to the City s garage facilities or other designated location free of charge to the City, provided that said vehicle is located within fifteen (15) miles of City Hall at the time call for service is made. 5. Failure or refusal to respond to a call for service, and failure to timely respond to a call for service, shall forfeit the bidder s place on the rotation list. 6. Fees for towing and storage of vehicles shall be borne exclusively by the owner of the vehicle, and the City shall have no obligation to advance or to ensure payment to the tow service provider or the owner/operator of the yard or facility where the vehicle is stored. 7. Calls for service made by a Beacon Police Officer at the request of a vehicle owner, such as calls via AAA or special request to a particular tow service, shall not be considered a call for service by the City pursuant to any license and shall not disrupt the rotating list order. 8. A written release from the Beacon Police Department shall be a prerequisite for the release of vehicles towed due to a violation that would prohibit the vehicle from being operated (suspended registration, uninsured, unregistered, equipment safety violation, etc.) or operated by a specific person (unlicensed, AUO, DWI, etc.). 9. The Beacon Police Department may deviate from the rotating list in instances of mass towing, such as special enforcement programs, fires or snow emergencies. 10. Successful bidders must remove from every public right of way all debris from any vehicle towed, including hazardous materials, if not otherwise directed by an enforcement authority at the scene. Such clean-up shall be conducted as part of the bidder s service at no charge to the City. Failure to complete clean up may result in being cited for violating VTL Section 1219 and/or suspension or termination of their license for poor service.
11. To the fullest extent permitted by law, each successful bidder shall defend, indemnify and hold the City and its agents and employees harmless from and against all claims, damages, losses or expenses, including but not limited to attorney s fees, arising out of or resulting from the bidder s performance of any services to or on behalf of the City of Beacon, provided any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including loss of use resulting therefrom, and (b) is caused in whole or in part by any act or omission or violation of statutory duty or regulation by the bidder or anyone directly or indirectly employed by it, or anyone for whose acts it may be liable pursuant to the performance of the agreement. A bidder s obligation to defend, indemnify and hold harmless pursuant to this paragraph shall not be limited in any manner by any limitation on the amount of insurance coverage or benefits, including worker s compensation or other employee benefit acts, held by the bidder. 12. The successful bidder and all employees and agents thereof shall be independent contractors licensed by the City of Beacon and shall not claim or receive any benefit or privilege conferred to the City s employees. The City shall not be responsible for a successful bidder s compliance with any local, state or federal law, regulation or requirement and shall not withhold any taxes, including payroll or income taxes, for a successful bidder or any employee or agent thereof. 13. Any towing or booting services rendered by a successful bidder which are not rendered to or on behalf of the City of Beacon pursuant to license issued in response to this advertisement shall be subject to licensing requirements and regulations of Chapter 211, Article V of the City of Beacon Code. 14. Suspension or termination of a license issued pursuant to this advertisement shall be by written notice to the successful bidder served at least fourteen (14) days before such suspension or termination shall take effect. D. Minimum Insurance Requirements for Towing Contract Prior to commencement of any services and for the duration of its license, each successful bidder shall obtain and maintain, at its sole expense, the following insurance on its own behalf, and shall furnish to the City of Beacon Certificates of Insurance evidencing same and reflecting the effective date of such coverage as follows: 1. Worker s Compensation and Employers Liability Policy, covering operations in New York State. 2. Commercial General Liability Policy, with limits of no less than $1,000,000 Each Occurrence/$2,000,000 Aggregate limits for Bodily Injury and Property Damage, and shall not exclude coverage for: a. Products/Completed Operations; b. Independent Contractors; c. City of Beacon and their assigns, officers, employees, representatives and agents should be named as an Additional Insured on the policy and the Certificate of Insurance should show this applies to the General Liability coverage on the certificate; d. Each insurance policy shall be written on a primary and non-contributing coverage basis, including any self-insured retentions.
e. To the extent permitted by New York law, the Contractor/Provider waives all rights of subrogation or similar rights against City of Beacon, assigns, officers, employees, representatives and agents. f. General Aggregate shall apply separately to each project (must be on an occurrence form). g. Cross Liability coverage (Commercial General Liability and Business Automobile Liability policies only). 3. Comprehensive Automobile Policy, with limits no less than $1,000,000 Bodily Injury and Injury and Property Damage liability including coverage for owned, non-owned, and hired private passenger and commercial vehicles 4. Umbrella Liability, with limits of no less than $5,000,000, including coverage for General, Automobile and Professional Liability (if applicable). 5. Certificates shall provide that thirty (30) days written notice prior to cancellation or expiration be given to the City of Beacon. Policies that lapse and/or expire during term of work shall be recertified and received by the City of Beacon no less than thirty (30) days prior to expiration or cancellation. Each successful bidder shall furnish to City of Beacon Certificates of Insurance as evidence of coverage prior to commencement of services, which shall name the City of Beacon as an Additional Insured by separate endorsement. All carriers listed in the certificates of insurance shall be A.M. Best Rated A VII or better and be licensed in the State of New York.
Bid Form Please provide proposals for the following: 1. a. City-owned vehicles and light Within 15 miles Beyond 15 Miles Storage trucks at no charge /mile N/A b. City-owned large trucks Within 15 miles Beyond 15 Miles /mile 2. a. Personal vehicles & light trucks tow fee to owner storage fee to owner per day b. Large trucks tow fee to owner storage fee to owner per day NOTE WELL THAT AS THE CITY IS SEEKING TO ISSUE LICENSES TO UP TO THREE (3) SUCCESSFUL BIDDERS (AS THE INTENT IS TO CALL FOR TOWING SERVICES ON A ROTATING LIST), THE CITY INTENDS TO NEGOTIATE A UNIFORM RATE TO BE CHARGED BY ALL SELECTED BIDDERS. Provide additional fee schedule for the following: Towing Winching Specialty
Tow Services Information Sheet Name of Bidder: Address: Phone: Fax: Reference Information: All bidders will be required to complete this form providing three references of past performance. The City reserves the right to contact any or all of the references supplied for an evaluation of past performance in order to establish the responsibility of the bidder before the actual award of the bid and/or contract. Name: Address: Phone: Contact Name: Name: Address: Phone: Contact Name: Name: Address: Phone: Contact Name:
Name of Bidder: Description of Trucks: Address where trucks will be garaged: Address of towing lot:
INFORMATION SHEET NAME OF BIDDER: ADDRESS: TYPE OF ENTITY: Corporation Partnership Individual NAME OF CORPORATION (if a non-publicly owned corporation): List Principal Stockholders (holding over 5% of outstanding shares): List Officers: List Directors:
Date of Organization: PARTNERS (if a partnership): Name of Partnership: Date of organization: * If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York General Business Law must be attached.
BID # Reference Sheet All bidders will be required to complete this form providing three references of past performance. References should involve projects and/or service situations of similar size and scope to this bid. References must have had dealings with the Bidder within the last thirty-six months. The City reserves the right to contact any or all of the references supplied for an evaluation of past performance in order to establish the responsibility of the Bidder before the actual award of the bid and/or contract. Completion of the reference form is required. If references have been filed with the City of Beacon Purchasing Department during the last 12 months, it will not be necessary to complete this form. Indicate filing date on the line provided. 1. BIDDER'S NAME: DATE FILED: Bidder's Name: Reference's Name: Address: Contact Person: Phone: Email:
2. BIDDER'S NAME: DATE FILED: Bidder's Name: Reference's Name: Address: Contact Person: Phone: Email:
3. BIDDER'S NAME: DATE FILED: Bidder's Name: Reference's Name: Address: Contact Person: Phone: Email:
City of Beacon Conflict of Interest Statement BID #: VENDOR'S NAME: (Please print) SIGNATURE: DATE: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. "The submission of this constitutes a certification that no City Officer has any interest therein. (Note: In the event that any City Official has any such interest, the full nature thereof should be disclosed below.)"
City of Beacon NON-COLLUSIVE BIDDING CERTIFICATION In accordance with the provisions of Section 103-D of General Municipal Law as amended, the following "Non-Collusive Bidding Certification" is and shall become a part of this proposal. By submission of this bid, each bidder and each person signing in behalf of any bidder certifies, and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not knowingly be disclosed by the bidder prior to openings, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restriction of competition. Authorized Signature Title Company Name Name of Bid Date of Opening
City of Beacon One Municipal Plaza - Suite One Beacon, New York 12508 845-838-5000 General Conditions All proposals shall be made upon forms furnished by the City of Beacon. 1. Form of proposal, as issued by the City of Beacon, shall be completely filled in by ink or typing. No bid will be accepted which contains any changes, additions, omissions or erasures, unless otherwise stated. 2. Bidders must submit with each bid detailed specifications, circulars and all necessary data on items proposed to be furnished. This information must show clearly that the item offered meets all detailed specifications herein. The City of Beacon reserves the right to reject any bid if its compliance with the specifications is not clearly evident. If an item offered differs from the provisions contained in these specifications, such differences must be explained in detail and bid will receive consideration if such deviation does not depart from the intent of these specifications as determined in the City s discretion. 3. All prices quoted must be per unit or per task, as specified, e.g. do not quote "per case" when "per dozen" is requested; otherwise, a bid may be rejected. 4. The prices submitted shall be exclusive of Federal and State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the City. 5. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the proposal. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. 6. All bids received after the time stated in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The Bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the City. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. 7. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the City of Beacon, not later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by the City of Beacon in the form of addenda to the specifications. All addenda so issued shall become a part of the advertisement documents.
8. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the services sought and a representation that the bidder can furnish the services satisfactorily in complete compliance with the specifications. 9. If two or more bidders submit identical bids as to price, the decision of the City of Beacon to award a contract to one of such identical bidders shall be final. (General Municipal Law, Section 103, Subchapter I) 10. The City of Beacon reserves the right to waive any informality or deficiencies, and to reject any or all bids. 11. Awards will be made to the lowest responsible and qualified bidder, as will best promote the public interest, taking into consideration the reliability and reputation of the bidder, their conformity with the specifications and the terms of delivery. 12. No license issued to a successful bidder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the City of Beacon. 13. A license issued following this advertisement may be cancelled at the successful bidder's expense upon non-performance or poor performance of the standards and conditions set forth as part of this advertisement for bids.