Section 8 Sample City Contract

REQUEST FOR PROPOSALS
TO W I N G S E RV I C E S
RFP # 269-2015-052
CITY OF CHARLOTTE
N O RT H C A R O L I N A
APRIL 10, 2015
REQUEST FOR PROPOSALS
RFP # 269-2015-052
Towing Services
April 10, 2015
Dear Service Provider:
The City of Charlotte, located in the State of North Carolina, is now accepting Proposals for
Towing Services. The requirements for submitting a Proposal are stated in the attached Request
for Proposals (the “RFP”). Please review them carefully.
A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and
answering questions regarding the Services will be held on April 20, 2015 at 3:00 p.m., at the
Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North
Carolina 28202, 2nd Floor Conference Room 270/271. Please bring a copy of the RFP with you
at that time.
An electronic copy of the RFP in Microsoft Word format may be obtained by contacting Tracey
Keyes at [email protected].
All Proposals are due to the Shared Services, Procurement Management Division, 9th Floor,
CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later than May 4, 2015 at
2:00 p.m.
One (1) electronic copy of the Proposal on a CD or flash drive in a searchable format such as MS
Word or Adobe Acrobat and one (1) original Proposal signed in ink by a company official
authorized to make a legal and binding offer, plus ten (10) copies of your Proposal must be
submitted in a sealed box or opaque envelope plainly marked with the Proposal number and
service description as follows:
Request for Proposals
Attention: Tracey Keyes
[Name of Company Submitting Proposal]
Towing Services
RFP # 269-2015-052
RFP questions must be directed to Tracey Keyes, Shared Services, Procurement Management
Division, per the enclosed instructions in Section 2.3. The City is an equal opportunity purchaser.
Sincerely,
Kay Elmore
Procurement Management Division Manager
cc:
RFP Project Team
RFP file
Checklist for submitting a Proposal:
Step 1-Read the document fully.
Step 2-If you plan on submitting a Proposal then fax Form 1 in Section 7 to the number listed on
the sheet.
Steps 3-If you have any questions send them before the deadline listed in Section 2.3.
If you plan on submitting a Proposal you must follow this checklist, and must include
everything detailed below.
Proposal Copies
1 Copy on CD or flash drive
1 Copy marked “Original”
10 Copies marked “Copy”
Proposal Format-Proposals should be formatted as follows:
Cover Letter per Section 4.1.1
Proposed Solution per Section 4.1.2
Background and Experience per Section 5 (read 5.1 thru 5.5 and answer)
Section 7, Form 2, Addenda Receipt Confirmation
Section 7, Form 3, Proposal Submission
Section 7, Form 4A, Wrecker Division Request
Section 7, Form 4B, Fleet Towing Pricing Sheet
Section 7, Form 5, Requirements Matrix
Section 7, Form 6, Financial Resources Data
Section 7, Form 7, Service Provider Background and Experience
Section 7, Form 8, Criminal Records Check Consent Form
Section 7, Form 9, Financial Information Release Form
Section 7, Form 10, Proposal Certification
Section 7, Form 11, MWSBE Subcontractor Utilization
Section 7, Form 12, References
Section 7, Form 13, Equipment List
Exceptions to any part of the RFP (If you take any exceptions to anything in this
document list it in a category in your Proposal called “Exceptions” and offer an
alternative solution).
This is all you have to include when you submit your Proposal.
If awarded a contract, you will have to submit the following when you sign a contract:
Insurance certificate per requirements in Exhibit A, Section 27.
Business licenses per requirements in Exhibit A, Section 22.
It is the Service Provider’s responsibility to check www.ips.state.nc.us for any addenda or
changes to this Project. Search for bid # 269-2015-052 to find if any documents or changes
have been posted.
Table of Contents
TABLE OF CONTENTS
1.
INTRODUCTION..................................................................................................... 1
1.1.
OBJECTIVE. .......................................................................................................... 1
1.2.
DEFINITIONS. ....................................................................................................... 1
1.3.
ACCURACY OF RFP AND RELATED DOCUMENTS. ................................................ 6
1.4.
CITY’S RIGHTS AND OPTIONS. ............................................................................. 7
1.5.
EXPENSE OF SUBMITTAL PREPARATION. .............................................................. 7
1.6.
PROPOSAL CONDITIONS. ...................................................................................... 7
1.6.1.
RFP Not An Offer........................................................................................ 7
1.6.2.
Trade Secrets and Personal Identification Information /Confidentiality. .. 8
1.6.3.
Amendments to RFP. ................................................................................... 8
1.6.4.
No Collusion or Conflict of Interest............................................................ 9
1.6.5.
Proposal Terms Firm and Irreversible. ...................................................... 9
1.6.6.
Proposal Binding for 240 Days. ................................................................. 9
1.6.7.
Charlotte Business INClusion Program. .................................................... 9
1.6.8.
Subcontracting. ........................................................................................... 9
1.6.9.
Equal Opportunity. ................................................................................... 10
1.6.10. Use of City’s Name. .................................................................................. 10
1.6.11. Withdrawal for Modification of Proposals. .............................................. 10
1.6.12. No Bribery................................................................................................. 10
1.6.13. Exceptions to the RFP. .............................................................................. 10
1.6.14. Fair Trade Certifications. ......................................................................... 10
1.6.15. Service Provider’s Obligation to Fully Inform Themselves. .................... 11
2.
PROCUREMENT PROCESS. .............................................................................. 12
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
3.
SCOPE OF TOWING SERVICES. ...................................................................... 16
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
4.
SCHEDULE AND PROCESS. .................................................................................. 12
INTENT TO PROPOSE. .......................................................................................... 12
INTERPRETATIONS AND ADDENDA. .................................................................... 12
PRE-PROPOSAL CONFERENCE. ........................................................................... 13
SUBMISSION OF PROPOSALS. .............................................................................. 13
CORRECTION OF ERRORS. .................................................................................. 14
EVALUATION. .................................................................................................... 14
CONTRACT AWARD BY COUNCIL. ...................................................................... 14
VENDOR REGISTRATION. ................................................................................... 14
GENERAL SCOPE. ............................................................................................... 16
DIVISION WRECKER SERVICES SCOPE. .............................................................. 16
FLEET TOWING SERVICES. ................................................................................. 30
EQUIPMENT CONDITION AND CAPACITY REQUIREMENTS. ................................. 36
PRICING. ............................................................................................................ 38
RESPONSE TIMES. .............................................................................................. 43
SECURITY REQUIREMENTS. ................................................................................ 45
CITY CONTRACT REQUIREMENTS. ..................................................................... 45
PROPOSAL FORMAT. ......................................................................................... 46
TOWING SERVICES
RFP# 269-2015-052
April 10, 2015
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Table of Contents
5.
SERVICE PROVIDER’S BACKGROUND AND EXPERIENCE.................... 49
6.
PROPOSAL EVALUATION CRITERIA............................................................ 53
REQUIRED FORM 1 - REQUEST FOR PROPOSALS ACKNOWLEDGEMENT
........................................................................................................................................... 55
REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM .................................... 57
REQUIRED FORM 4A – WRECKER DIVISION REQUEST ................................. 58
REQUIRED FORM 4B – FLEET TOWING PRICING FORM ............................... 59
REQUIRED FORM 5 – REQUIREMENTS MATRIX .............................................. 62
REQUIRED FORM 6 – FINANCIAL RESOURCES DATA .................................... 76
REQUIRED FORM 7 – SERVICE PROVIDER’S BACKGROUND RESPONSE. 78
REQUIRED FORM 8 – SERVICE PROVIDER OWNER CRIMINAL RECORDS
CHECK CONSENT........................................................................................................ 80
REQUIRED FORM 9 – FINANCIAL INFORMATION RELEASE FORM .......... 81
REQUIRED FORM 10 - PROPOSAL CERTIFICATION ........................................ 82
REQUIRED FORM 11 – MWSBE SUBCONTRACTOR UTILIZATION.............. 83
REQUIRED FORM 12 – REFERENCES .................................................................... 85
REQUIRED FORM 13 – EQUIPMENT LIST ............................................................ 86
EXHIBIT A – SAMPLE CITY CONTRACT .............................................................. 87
TOWING SERVICES
RFP# 269-2015-052
April 10, 2015
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Section 1
Introduction and General Information
1. INTRODUCTION.
1.1.
Objective.
The objective of this RFP is to solicit Proposals that will enable the City to determine
which Service Provider and Proposed Solution will best meet the City’s needs.
1.2.
Definitions.
As used in this RFP, the following terms shall have the meanings set forth below:
Acceptance:
Refers to receipt and approval by the City of a
Deliverable or Service in accordance with the
acceptance process and criteria set forth in the
Contract.
Affiliates:
Refers to all departments or units of the City and all
other governmental units, towns, boards, committees
or municipalities for which the City processes data or
performs services that involve the Deliverables or
Services.
ARD:
Refers to the City of Charlotte’s Asset, Recovery and
Disposal Facility located at 5500 Wilkinson Blvd,
Charlotte, NC 28208.
Asset Forfeiture Vehicle:
Refers to a Motor Vehicle that has been designated by
the CMPD as “asset forfeiture” or “drug seizure.” The
term does not include Motor Vehicles that have been
seized pursuant to state laws that allow the seizure of
vehicles from persons convicted of driving while
intoxicated or driving under the influence (“DWI
Seizures”).
Authorized Agent:
Refers to an entity designated by the City in writing as
an authorized agent to perform certain functions under
the Contract on behalf of the City.
Basic Towing Services:
Refers to Division Wrecker services for Motor
Vehicles of less than 8,500 pounds in GVW not
including the use of Special Services.
Billing Complaints:
Refers to a complaint by a Vehicle Owner regarding
the amount of a Towing Bill.
Business Days:
Refers to Monday through Friday from 8:00 a.m. to
5:00 p.m.
CDOT:
Refers to the Charlotte Department of Transportation.
CED:
Refers to the City of Charlotte Neighborhood &
Business Services Code Enforcement Division.
Charlotte Combined
Statistical Area (CSA):
TOWING SERVICES
RFP# 269-2015-052
Refers to the Charlotte-Gastonia-Salisbury Combined
Statistical Area consisting of; (a) the North Carolina
counties of Anson, Cabarrus, Cleveland, Gaston,
Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and
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Section 1
Introduction and General Information
Union; and (b) the South Carolina counties of Chester,
Lancaster, and York; a criteria used by Charlotte
Business INClusion to determine eligibility to
participate in the program.
City:
Refers to the City of Charlotte, North Carolina.
City Project Manager:
Refers to a specified City employee representing the
best interests of each City Department for this Project.
CMPD:
Refers to
Department.
CMPD Hold:
Refers to Asset Forfeiture and Evidence Hold Vehicles
(but not DWI Seizures).
CMPD Impound Lot:
Refers to the Byrum Drive location where all Asset
Forfeiture Vehicles and Evidence Hold Vehicles are to
be towed.
Company:
Refers to a Service Provider that has been selected by
the City to provide the Services required by this RFP.
the
Charlotte-Mecklenburg
Police
Company Project Manager: Refers to a specified Company employee representing
the best interests of the Company for this Project.
Contract:
Refers to a written agreement executed by the City and
Service Provider for all or part of the Services covered
by this RFP.
Cost Per Tow:
Refers to the cost of Basic Towing Services without
any additional added charges for Special Services.
Debit Card:
Refers to debit cards issued at a minimum by Visa and
MasterCard, used to make point-of-sale payments.
Deliverables:
Refers to all tasks, reports, information, designs, plans,
and other items, which the Company is required to
complete and deliver to the City in connection with
this Contract.
Department:
Refers to a department within the City of Charlotte.
Dispute Notice:
Refers to written communication from either party to
the other party’s Point of Contact stating a desire to
have a specified dispute resolved in accordance with
the dispute resolution process set forth in Section 17 of
the Contract. This notice will explain in detail to the
other party the issue about which there is a
disagreement and will include any and all documents
that the party submitting the Dispute Notice wishes to
have considered during the dispute resolution process.
Drivers:
Refers to an employee of a Service Provider that
operates towing equipment.
TOWING SERVICES
RFP# 269-2015-052
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Section 1
Introduction and General Information
DWI Seizures:
Refers to Motor Vehicles that have been seized solely
pursuant to state laws that allow seizure of vehicles
from persons charged with driving while impaired.
Documentation:
Refers to all written, electronic, or recorded works,
that describe the use, functions, features, or purpose of
the Deliverables or Services or any component thereof,
and which are published or provided to the City by the
Company or its subcontractors, including without
limitation all end user manuals, training manuals,
guides, program listings, data models, flow charts,
logic diagrams, and other materials related to or for
use with the Deliverables or Services.
Equipment:
Refers to the apparatus or material belonging to the
City that may require these Services.
Evaluation Committee:
Refers to a committee, as appointed by the City,
responsible for determining the best Service Provider
for the Services described in this RFP.
Evidence Hold Vehicles:
Refers to Motor Vehicles that the City has deemed to
place on hold in the custody of CMPD for evidence
purposes. There is no requirement that an Evidence
Hold Vehicle actually be used as evidence in a legal
proceeding. Likewise, the City need not produce any
sort of documentation to prove that the Motor Vehicle
was on evidence hold.
Executive Sponsor:
Refers to the management level representative from
the City responsible for dispute resolution at the
highest level.
Fleet Management:
Refers to Fleet Management Division of the
Management and Financial Services Department at the
City of Charlotte.
Fleet Management Shop:
Refers to a Fleet Management repair facility.
Fleet Towing Services:
Refers to Services consisting of towing of City-owned
Vehicles. There are five classes of these Vehicles:
•
•
•
•
•
GVW:
Hook-Up/Hooks/
Hooks to/Hooking:
TOWING SERVICES
RFP# 269-2015-052
Light Vehicles: 10,000 lbs. and under GVW;
Medium Duty: 10,001 through 26,000 GVW;
Heavy Trucks: 26,001 through 60,000 GVW;
Construction Equipment; and
Special Equipment.
Refers to Gross Vehicle Weight.
Refers to the first point in the process of towing a
Motor Vehicle in which a Wrecker Vehicle is
physically attached to that Motor Vehicle in such a
way as to make it reasonably impossible for that Motor
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Section 1
Introduction and General Information
Vehicle to be driven away without the physical
attachment to the Wrecker Vehicle first being
removed. No physical attachment shall serve to
establish a “Hook-Up” unless the attachment was
reasonably necessary in order to tow the Motor
Vehicle.
Major Credit Card:
Management and
Financial Services:
Minority Business
Enterprise/MBE:
Refers to credit cards issued by Visa and MasterCard.
Other credit cards may be accepted at the discretion of
the Service Provider.
Refers to the Management and Financial Services
Department at the City of Charlotte.
Refers to a business enterprise that: (a) is certified by
the State of North Carolina as a Historically
Underutilized Business (HUB) within the meaning of
N.C. Gen. Stat. 143-128.4; (b) is at least fifty-one
percent (51%) owned by one or more persons who are
members of one of the following groups: African
American or Black, Hispanic, Asian, Native American
or American Indian; and (c) is headquartered in the
Charlotte Combined Statistical Area.
MWSBE:
Refers to SBEs, MBEs and WBEs as a collective. In
some context it means all SBEs, MBEs, and WBEs,
and in other contexts it means one or more categories
of SBEs, MBEs, or WBEs.
MWSBE Goal:
Refers to a term depending on the context. If a
Contract has separate Subcontracting Goals, MBEs,
WBEs, and/or SBEs, the term MWSBE is a shorthand
way to refer collectively to all MBE, WBE, and SBE
Goals set for the Contract. In some instances, the City
may set one combined goal for MBEs, WBEs, and/or
SBEs on a Contract, in which event the term MWSBE
Goal refers to that one, combined goal. In the latter
instance, calculated as a percentage, the MBE and
WBE Goal represent the total dollars spent with MBEs
and WBEs as a portion of the total Proposal amount,
including any contingency.
Motor Vehicle:
Refers to any and all machines that are designed or
intended to travel over land by self-propulsion or
while attached to any self-propelled motor vehicle.
Project:
Refers to the procurement process to choose a Service
Provider to perform Towing Services for the City.
Proposal:
Refers to the Proposal submitted by a Service Provider
for the Services as outlined in this RFP.
TOWING SERVICES
RFP# 269-2015-052
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Section 1
Introduction and General Information
Scheduled Tows:
Refers to tows planned in advance with the Service
Provider.
Services:
Refers to the Towing Services as requested in this
RFP.
Service Provider:
Refers to a company that has interest in providing the
Services required by this RFP.
Small Business
Enterprise/SBE:
Special Services:
Specifications and
Requirements:
Refers to a business enterprise that is certified by the
City of Charlotte under Part E of the CBI Policy as
meeting all of the requirements for SBE certification.
Refers to any Services provided to the Vehicle Owner,
in addition to the Basic Towing Services, that must be
provided to avoid damage to the Motor Vehicle or
provide for the safety of the public or Service Provider
employees. Special Services also includes any
Services that the Service Provider can document were
requested by the Vehicle Owner.
Refers to all definitions, descriptions, requirements,
criteria, warranties and performance standards relating
to the Deliverables and Services which are set forth or
referenced in: (i) this RFP; (ii) the Documentation; and
(iii) any functional and/or technical specifications
which are published or provided by the Company or
its licensors or suppliers from time to time with
respect to all or any part of the Deliverables or
Services.
Storage Lot:
Refers to a piece of land, specified by the Service
Provider in its Proposal, as that which all Motor
Vehicles towed under the Contract shall be taken and
stored by the Service Provider.
Towing Bill:
Refers to the invoice from the Service Provider to the
Vehicle Owner for the total fees and charges due for
the provision of Wrecker Services.
Vehicle:
Refers to any rolling stock or large equipment
included in the Services.
Vehicle Owner:
Refers to a registered or titled owner of the Motor
Vehicle or someone authorized in writing by the
Vehicle Owner to regain possession from the
Company.
Women Business
Enterprise (WBE):
TOWING SERVICES
RFP# 269-2015-052
Refers to a business enterprise that: (a) is certified by
the State of North Carolina as a Historically
Underutilized Business (HUB) within the meaning of
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Section 1
Introduction and General Information
N.C. Gen. Stat. 143-128.4; (b) is at least fifty-one
percent (51%) owned by one or more persons who are
female; and (c) is headquartered in the Charlotte
Combined Statistical Area.
1.3.
Work Product:
Refers to the Deliverables and all other programs,
algorithms, reports, information, designs, plans and
other items developed by the Service Provider in
connection with this RFP, and all partial, intermediate
or preliminary versions of any of the foregoing.
Wrecker Services:
Refers to Basic Towing Services and any Special
Services required of any private, non-City vehicle.
Wrecker Division:
Refers to a division determined by the City, with
geographic boundaries for which a Company has been
awarded a Contract. Wrecker Divisions specifically do
not include any areas that are within the town limits of
municipalities other than Charlotte unless, and only
during such time as, such other municipality has a
Contract with the City for the City to provide such
other municipality with law enforcement services, or
in the event that a CMPD police officer acting on
behalf of the City requests a Motor Vehicle to be
towed from a location within such a municipality.
Wrecker Driver:
Refers to the Service Provider’s employees who meet
the requirements outlined in this RFP and who operate
Wrecker Vehicles.
Wrecker Vehicle:
Refers to tow trucks that meet the equipment
requirements outlined in this RFP and used by the
Service Provider to provide the Services.
Accuracy of RFP and Related Documents.
Each Service Provider must perform its own evaluation and due diligence verification
of all information and data provided by the City. The City makes no representations
or warranties regarding any information or data provided by the City, and assumes no
responsibility for conclusions or interpretations derived from the information
presented in this RFP, or otherwise distributed or made available during this
procurement process. In addition, the City will not be bound by or be responsible for
any explanation, interpretation or conclusions of this RFP or any documents provided
by the City other than those provided by the City through the issuance of addenda. In
no event may a Service Provider rely on any oral statement by the City or its agents,
advisors or consultants.
Should a Service Provider find discrepancies or omissions in this RFP or any other
documents provided by the City, the Service Provider should immediately notify the
City of such potential discrepancy in writing, and a written addendum may be issued
if the City determines clarification necessary. Each Service Provider requesting an
interpretation will be responsible for delivering such requests to the City's designated
representative as directed in Section 2 of this RFP.
TOWING SERVICES
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April 10, 2015
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Section 1
Introduction and General Information
1.4.
City’s Rights and Options.
The City reserves the following rights, which may be exercised at the City’s sole
discretion:
1.4.1.
To supplement, amend, substitute or otherwise modify this RFP, including
the schedule, or cancel this RFP, at any time;
1.4.2.
To take any action affecting this RFP, this RFP process, or the Services or
facilities subject to this RFP that would be in the best interests of the City;
1.4.3.
To require one or more Service Providers to supplement, clarify or provide
additional information in order for the City to evaluate the Proposals
submitted;
1.4.4.
To conduct investigations with respect to the qualifications, experience,
capabilities, and financial standing of each Service Provider;
1.4.5.
To waive any defect or irregularity in any Proposal received;
1.4.6.
To reject any or all Proposals;
1.4.7.
To share the Proposals with City employees other than the Evaluation
Committee or City advisory committees as deemed necessary;
1.4.8.
To award all, none, or any part of the Services that is in the best interest of
the City, with one or more of the Service Providers responding, which may
be done with or without re-solicitation.
1.4.9.
To discuss and negotiate with selected Service Provider(s) any terms and
conditions in the Proposals including but not limited to financial terms;
1.4.10.
To terminate discussions and negotiations with any Service Provider at any
time and for any reason; and
1.4.11.
To enter into any Contract deemed by the City to be in the best interest of
the City, with one or more of the Service Providers responding.
1.5.
Expense of Submittal Preparation.
The City accepts no liability for the costs and expenses incurred by the Service
Providers in responding to this RFP, in preparing responses for clarification, in
attendance at interviews, participating in contract development sessions, or in
meetings and presentations required for the contract approval process. Service
Providers cannot make any claims whatsoever for reimbursement from the City for
the costs and expenses associated with the procurement process.
1.6.
Proposal Conditions.
The following terms are applicable to this RFP and the Service Provider’s Proposal.
1.6.1.
TOWING SERVICES
RFP# 269-2015-052
RFP Not An Offer.
This RFP does not constitute an offer by the City. No binding contract,
obligation to negotiate, or any other obligation shall be created on the part
of the City unless the City and the Service Provider execute a Contract. No
recommendations or conclusions from this RFP process concerning the
Service Provider shall constitute a right (property or otherwise) under the
Constitution of the United States or under the Constitution, case law, or
statutory law of North Carolina.
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1.6.2.
Trade Secrets and Personal Identification Information /Confidentiality.
Upon receipt at the Procurement Management Division, all materials
submitted by a Service Provider (including the Proposal, requests and other
communications) are considered public records except for material which
qualifies as “trade secret” information under N.C. Gen. Stat. 66-152 et seq.
and personal identification information” as protected by state and federal
law (“Personal Identification Information” or “PII”), to include, but not be
limited to, social security numbers, bank account numbers, and driver’s
license numbers. After the Proposal due date, the City’s Evaluation
Committee, as well as other City staff and members of the general public
who submit public records requests will review the Proposal.
The public disclosure of the contents of a Proposal or other materials
submitted in response to this RFP is governed by Chapter 132 and 66-152
et. seq. of the General Statutes of North Carolina. If any Proposal contains
trade secret information as defined by Chapter 66-152 et seq. of the
General Statutes of North Carolina or PII, such trade secret information
and PII must be specifically and clearly identified in accordance with this
Section 1.6.2.
Any trade secrets or PII submitted by a Service Provider must be clearly
segregated from the rest of the Proposal. For hard copy Proposals, it must
submitted in a separate, sealed envelope, marked either “Personal
Identification Information – Confidential” or “Trade Secret—Confidential
and Proprietary Information.” For electronic submissions it must be
submitted on a separate CD if submitting by CD or in a separate electronic
file is submitting online. Whether filing by hard copy or electronic format,
the confidentiality same caption stated above must be clear appear on each
page of the trade secret or PII materials.
In submitting a Proposal, each Service Provider agrees that the City may
reveal any trade secret materials and PII contained in such response to all
City staff and City officials involved in the selection process, and to any
outside consultant or other third parties who serve on the Evaluation
Committee or who are hired or appointed by the City to assist in the
evaluation process.
Furthermore, each Service Provider agrees to indemnify and hold harmless
the City and each of its officers, employees, and agents from all costs,
damages, and expenses incurred in connection with refusing to disclose
any material, which the Service Provider has designated as a trade secret.
Any Service Provider may be disqualified that designates its entire
Proposal as a trade secret or any portion thereof which clearly does not
qualify under applicable law as a trade secret.
1.6.3.
TOWING SERVICES
RFP# 269-2015-052
Amendments to RFP.
If the City amends this RFP, addenda will be posted to the Internet at
www.ips.state.nc.us, bid# 269-2015-052. Service Providers are required to
acknowledge their receipt of each addendum by including the Addenda
Receipt Confirmation Form set forth in Section 7, Form 2 with their
Proposal.
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Section 1
Introduction and General Information
1.6.4.
No Collusion or Conflict of Interest.
By responding to this RFP, the Service Provider shall be deemed to have
represented and warranted that the Proposal is not made in connection with
any competing Service Provider submitting a separate response to this
RFP, and is in all respects fair and without collusion or fraud.
1.6.5.
Proposal Terms Firm and Irreversible.
The signed Proposal shall be considered a firm offer on the part of the
Service Provider. The City reserves the right to negotiate price and
Services. All Proposal responses (including all statements, claims,
declarations, prices and specifications in the Proposals) shall be considered
firm and irrevocable for purposes of future Contract negotiations unless
specifically waived in writing by the City. The Service Provider chosen for
award should be prepared to have its Proposal and any relevant
correspondence incorporated into the Contract, either in part or in its
entirety, at the City's election. Any false or misleading statements found in
the Proposal or Contract exceptions not included in the Proposal may be
grounds for disqualification.
1.6.6.
Proposal Binding for 240 Days.
Section 7, Form 3 contains a statement to the effect that the Proposal is a
firm offer for two-hundred-forty (240) calendar day period from the date of
the opening. This statement must be signed by an individual authorized to
bind the Service Provider. All prices quoted shall be firm and fixed for the
full Contract period. The City shall have the option to accept subject to
exception by Contract.
1.6.7.
Charlotte Business INClusion Program.
Pursuant to Charlotte City Council’s adoption of the Charlotte Business
INClusion (CBI) Policy, the CBI program promotes diversity, inclusion,
and local business opportunities in the City’s contracting and procurement
process for Minority, Women, and Small Business Enterprises (MWSBEs)
headquartered in the Charlotte Combined Statistical Area (CSA). The CBI
Policy is posted at: www.charlottebusinessinclusion.com.
The City is committed to promoting opportunities for maximum
participation of certified MWSBEs on City funded contracts at both the
Prime and Subcontract level. For MWSBE participation to count towards a
Goal, MWSBEs must meet both the certification and geographic
requirements as detailed throughout this solicitation and in the CBI Policy.
The City intends to negotiate utilization of MWSBE(s). The Service
Provider is required to submit Section 7, Form 11 attached herein. Failure
to submit this form with their Proposal shall deem the Proposal nonresponsive.
1.6.8.
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RFP# 269-2015-052
Subcontracting.
The Service Provider given contract award shall be the prime contractor
and shall be solely responsible for contractual performance. In the event of
a subcontracting relationship, the Service Provider shall remain the prime
contractor and will assume all responsibility for the performance of the
April 10, 2015
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Section 1
Introduction and General Information
Services that are supplied by all subcontractors. The City retains the right
to approve all subcontractors.
1.6.9.
Equal Opportunity.
The City has an equal opportunity purchasing policy. The City seeks to
ensure that all segments of the business community have access to
supplying the goods and services needed by City programs. The City
provides equal opportunity for all businesses and does not discriminate
against any Service Providers regardless of race, color, religion, age, sex,
and national origin or disability.
1.6.10.
Use of City’s Name.
No advertising, sales promotion or other materials of the Service Provider
or its agents or representatives may identify or reference the City in any
manner absent the prior written consent of the City.
1.6.11.
Withdrawal for Modification of Proposals.
Service Providers may change or withdraw their Proposals at any time
prior to the Proposal due date; however, no oral modifications will be
allowed. Only telegrams, letters, or other formal written requests for
modifications or corrections of a previously submitted Proposal, which is
addressed in the same manner as the Proposal, and received by the City
prior to the scheduled closing time for receipt of Proposals, will be
accepted. The Proposal, when opened, will then be corrected in accordance
with such written request(s), provided that the written request is contained
in a sealed envelope, which is plainly marked “Modifications to
Proposal.”
1.6.12.
No Bribery.
In submitting a response to this RFP, each Service Provider certifies that
neither it, any of its affiliates or subcontractors, nor any employees of any
of the foregoing has bribed, or attempted to bribe, an officer or employee
of the City in connection with the Contract.
1.6.13.
Exceptions to the RFP.
Other than exceptions that are stated in compliance with this Section, each
Proposal shall be deemed to agree to comply with all terms, conditions,
specifications, and requirements of this RFP including the Sample Contract
language included as Section 8. An “exception” is defined as the Service
Provider’s inability or unwillingness to meet a term, condition,
specification, or requirement in the manner specified in the RFP including
the Sample Contract language included as Section 8. All exceptions taken
must be identified and explained in writing in your Proposal and must
specifically reference the relevant section(s) of this RFP. If the Service
Provider provides an alternate solution when taking an exception to a
requirement, the benefits of this alternative solution and impact, if any, on
any part of the remainder of the Service Provider’s solution, must be
described in detail.
1.6.14.
Fair Trade Certifications.
By submission of a Proposal, the Service Provider certifies that in
connection with this procurement:
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Section 1
Introduction and General Information
1.6.15.
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RFP# 269-2015-052

The prices have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with anyone;

Unless otherwise required by law, the prices which have been quoted
in its Proposal have not been knowingly disclosed by the Service
Provider and will not knowingly be disclosed by the Service
Provider prior to opening; and

No attempt has been made or will be made by the Service Provider to
induce any other person or firm to submit or not to submit a Proposal
for the purpose of restricting competition.
Service Provider’s Obligation to Fully Inform Themselves.
Service Providers or their authorized representatives are expected to fully
inform themselves as to all conditions, requirements and specifications of
this RFP before submitting Proposals. Failure to do so will be at the
Service Provider’ own risk.
April 10, 2015
11
Section 2
Procurement Process
2. PROCUREMENT PROCESS.
This Section 2 contains information about the procurement process for this Project.
2.1.
Schedule and Process.
The following chart shows the schedule of events to prepare the Service Provider’s
Proposal. The key events and deadlines for this process are as follows, some of which
are set forth in more detail in the Sections that follow:
DATE
April 10, 2015
April 20, 2015
April 30, 2015
May 4, 2015
May 4, 2015 –
June 22, 2015
June 22, 2015
July, 2015
EVENT
Issuance of RFP. The City issues this RFP.
Non-Mandatory Pre-Proposal Conference. Conference to
be held at the Charlotte-Mecklenburg Government Center
(CMGC), 600 East Fourth Street, Charlotte, North Carolina
28202, 2nd Floor Large Conference Room 270/271.
Submission of Written Questions After the Pre-Proposal
Conference
Proposal Submission. Proposals are due by 2:00 p.m. on
MAY 4, 2015, at the Procurement Management Division,
CMGC 9th Floor. All Proposals will be time-stamped upon
receipt and held in a secure place until this date.
Evaluation and Site Visits.
Contract Award by Council.
Towing Services. Service Providers begin providing
Towing Services.
2.2.
Intent to Propose.
Please acknowledge receipt of this RFP via facsimile by using the Request for
Proposals Acknowledgement Form located in Section 7, Form 1. Complete the form
in its entirety advising the City of your firm’s intention to submit or not submit a
Proposal. Fax or email the completed and signed form to 704-632-8519, Attention:
Tracey Keyes or to [email protected].
2.3.
Interpretations and Addenda.
No interpretation or clarification of the meaning of any part of this RFP will be made
orally to any Service Provider with the exception of questions answered at the PreProposal Conference. Otherwise, Service Providers must request such interpretations
or clarifications in writing from the City. Address requests for information or
clarification of this RFP to Tracey Keyes at the e-mail address listed below. When
submitting questions, please reference the RFP page and topic number. Service
Providers may submit questions prior to the Pre-Proposal Conference., which will be
addressed during the conference.
After the Pre-Proposal Conference, questions must be submitted in writing by the
deadline stated in Section 2.1. In the case of questions not submitted by the deadline,
the Procurement Officer will, based on the availability of time to research and
communicate an answer, decide whether an answer can be given before the Proposal
Due Date. When responding to Service Provider questions or issuing addenda to the
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Procurement Process
RFP, the City will post the answer or information to the Internet at
www.ips.state.nc.us, solicitation #269-2015-052. Service Providers are required to
acknowledge their receipt of each addenda by including in the Proposal a completed
Addenda Receipt Confirmation Form (Section 7, Form 2).
Tracey Keyes
City of Charlotte
Procurement Management Division
600 East 4th Street, CMGC 9th Floor
Charlotte, NC 28202
RFP # 269-2015-052
Fax: 704-632-8519
E-mail: [email protected]
The City reserves the right to disqualify any Service Provider that contacts a City or
County official, employee, or agent concerning this RFP other than in accordance
with this Section. Nothing in this Section shall prohibit the City from conducting
discussions with Service Providers after the Proposal Due Date.
2.4.
Pre-Proposal Conference.
A Non-Mandatory Pre-Proposal Conference will be conducted on April 20, 2015 at
3:00 p.m. The meeting will be held at the Charlotte-Mecklenburg Government
Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 2nd Floor
Large Conference Room 270/271.
While attendance at the Pre-Proposal Conference is not mandatory, all interested
Service Providers are encouraged to attend. If special accommodations are required
for attendance, please notify Tracey Keyes in advance of the conference date and
time identifying the special accommodations required.
2.5.
Submission of Proposals.
Proposals must be in the format specified in Section 4 of this RFP. One electronic
copy on a CD or flash drive in a searchable format such as MS Word or Adobe
Acrobat and one unbound original Proposal signed in ink by a company official
authorized to make a legal and binding offer, plus ten (10) copies shall be submitted
to the address listed in Section 2.3 above by May 4, 2015 on or before but no later
than 2:00 p.m. The "original" Proposal and each of the ten (10) copies shall be
complete and unabridged, and shall not refer to any other copy of the signed/sealed
original for any references, clarifications, or additional information.
When received, all Proposals and supporting materials, as well as correspondence
relating to this RFP, shall become the property of the City. Proposals sent by fax or
email will not be accepted.
Due to increased security concerns at the Charlotte-Mecklenburg Government
Center (CMGC), your sealed boxed including any portions marked as
Confidential/Trade Secret, may be searched and thoroughly inspected prior to
admittance. Please allow time for this search to take place and to re-seal the box
if delivering your Proposal in person to the CMGC.
Do not arrive at the Procurement Management Division on the Proposal due date for
the purposes of reviewing your competitors’ Proposals. The Proposals will not be
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April 10, 2015
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Section 2
Procurement Process
read aloud or made available to inspect or copy until any trade secret issues have
been resolved.
2.6.
Correction of Errors.
The person signing the Proposal must initial erasures or other corrections in the
Proposal. The Service Provider further agrees that in the event of any obvious errors,
the City reserves the right to waive such errors in its sole discretion. The City,
however, has no obligation under any circumstances to waive such errors.
2.7.
Evaluation.
As part of the evaluation process, the Evaluation Committee may engage in
discussions with one or more Service Provider(s). Discussions might be held with
individual Service Providers to determine in greater detail the Service Provider’s
qualifications, to explore with the Service Provider the scope and nature of the
required contractual Services, to learn the Service Provider’s proposed method of
performance and the relative utility of alternative methods, and to facilitate arriving
at a Contract that will be satisfactory to the City.
The City may in its discretion require one or more Service Providers to make
presentations to the Evaluation Committee or appear before the City and/or its
representatives for an interview. During such interview, the Service Provider may be
required to orally and otherwise present its Proposal and to respond in detail to any
questions posed. Additional meetings may be held to clarify issues or to address
comments, as the City deems appropriate. Service Providers will be notified in
advance of the time and format of such meetings.
Since the City may choose to award a Contract without engaging in discussions or
negotiations, the Proposals submitted shall define the Service Provider's best offer for
performing the Services described in this RFP.
2.8.
Contract Award by Council.
As soon as practical after opening the Proposals, the name of the apparent successful
Service Provider will be submitted to the Council for final approval of award. If
approved by the Council, the Procurement Management Division will provide
Contract documents to the Service Provider. In the event the Council approval is not
received within two hundred forty (240) calendar days after opening of the Proposals,
the Service Provider may request that it be released from the Proposal.
2.9.
Vendor Registration.
The City is pleased at your interest in doing business with the City of Charlotte and
appreciates the opportunity to provide you with information regarding procurement
protocols. The City’s vendor management philosophy supports a fair, open, and
inclusive process that offers the same access and information to all Service Providers.
Although Service Providers are not required to be registered in the City’s vendor
registration system prior to submitting a Proposal, in order to execute a contract with
the City and receive payment from the City, all Service Providers must register with
the City’s vendor registration system.
Your registration provides the City with baseline information for your company
including location, contact and demographic information, as well as your areas of
expertise with specific commodity and/or service descriptions. You will also have the
opportunity to complete any applicable certifications if your company desires to
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Procurement Process
establish itself as a Small Business Enterprise (SBE) or a Minority and WomanOwned or Small Business Enterprise (MWSBE). The link below will provide you
with the opportunity to complete your registration on-line with the City.
https://vendors.charlottenc.gov
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April 10, 2015
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Section 3
Scope of Services
3. SCOPE OF TOWING SERVICES.
3.1.
General Scope.
The City of Charlotte (the “City”) is requesting Proposals for Towing Services.
Service Providers can submit a proposal for the following Services:
A. Division Wrecker Services for thirteen (13) geographic divisions within
Mecklenburg County for use by the Charlotte-Mecklenburg Police Department
(CMPD), the Department of Transportation (CDOT), and the Code Enforcement
Division (CED);
B. Fleet Towing Services of City Equipment for the Fleet Management Division.
Service Providers may choose to propose on either Service individually, or for both
Services.
3.2.
Division Wrecker Services Scope.
In issuing this RFP, the City is seeking to identify the best Service Provider(s) for
each Wrecker Division to provide a professional and cost effective solution for both
the City and Vehicle Owners for the towing of Motor Vehicles. At the City’s
discretion, a Service Provider may be awarded a Contract for one (1) or multiple
Wrecker Divisions.
Service Providers shall submit a Proposal for as many available Wrecker Divisions as
they are reasonably able to provide Services for. The City is not under any obligation
to award adjoining Wrecker Divisions to any Service Provider, nor to award multiple
Wrecker Divisions to any Service Provider. All Service Providers shall be able to
fulfill the calls for service as described in Section 3.6.1.
Service Providers shall perform towing, storing, releasing, and dispensing of disabled
Motor Vehicles or Motor Vehicles in violation of City ordinance or state law when so
directed by the CMPD, CDOT, or CED. The requirements listed in this Section 3
serve the purpose of providing general towing requirements. Exhibits C, D, and E in
Section 8 include additional Specifications and Requirements for CMPD, CDOT, and
CED respectively, which the Service Provider is required to meet in response to this
RFP.
Towing at Charlotte-Douglas Airport is excluded from these Services except for
abandoned and junk cars located at Charlotte-Douglas Airport and dispatched by
CED.
The Service Provider shall not tow any City-owned Equipment without first
obtaining the approval of Fleet Management. The City shall not be liable for the costs
of any such tow if provided by the Service Provider without the prior approval of a
City Project Manager.
All Division Wrecker Service Providers must extend City Contract pricing to all City
Affiliates. The City will not be responsible for any charges that Affiliates may incur
during the life of the Contract. The Service Provider will address any disputes arising
over calls for service from Affiliates with the entity requesting the Services and not
the City. The City assumes no responsibility for the actions of Affiliates in relation to
the Contract.
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Section 3
Scope of Services
3.2.1.
Division Wrecker Boundaries.
The City has designated thirteen (13) Wrecker Divisions, which run
concurrently with CMPD division boundaries and are subject to change
during the Contract(s). Any changes to the boundaries may increase or
decrease the service area in one (1) or more Wrecker Divisions. The risk that
the Wrecker Division boundaries may change and any consequences of such
changes are borne by the Service Provider. The City is not liable for any
costs to the Service Provider’s business resulting from such changes.
The Service Provider shall not assign any part of an assigned Wrecker
Division to another party without the knowledge and written permission of
the City. The Service Provider is allowed to subcontract with another vendor
in order to provide Services to a Wrecker Division but this relationship must
be explained in detail in the Service Provider’s Proposal and is subject to
approval by the City.
The Wrecker Division boundaries are shown on the map provided as Exhibit
F and described below:
A. Central Division:
Interstate 77, Brookshire Fr, 12th St, Armory Dr., Hawthorne Ln., 4th St,
Cherry St, Cecil St, Kings Dr., Morehead St, South Blvd., Ideal Way,
Tryon St, Tremont Ave.
B. Eastway Division:
Davidson St, Sugar Creek Rd, Eastway Dr., Shamrock Dr., Sharon
Amity Rd, Wilora Lake Rd, Albemarle Rd, Independence Blvd,
Brookshire Fr, 13th St, Brevard St
C. Freedom Division:
Bellhaven Blvd, Brookshire Blvd, Oakdale Rd, Auten Rd, Chesapeake
Dr., Hoskins Rd, Tennessee Av, Interstate 85, Tuckaseegee Rd, Ashley
Rd, Wilkinson Blvd, John Crosland Jr Dr., Hargrove Av, Sparta Av,
Wilkinson Blvd, Taggart Creek Rd, Billy Graham Py, Tyvola Rd, Piper
Ln, Byrum Dr., Dorcas Ln, Interstate 485, Dixie River Rd, Bracebridge
Ct, Lynn Parker Ln, Ann Smith Ln, Lake Wylie, Mount Holly Rd,
Ledson Ct, Long Paw Ln, Long Ridge Ln, Northwoods Forest Dr.,
Queensgate Ln, Edgerly Ct, Carleto Ct, Dannyn Grove Ct, Austin Ridge
Ln.
D. Hickory Grove Division:
The Plaza, Plaza Rd Ext, Mecklenburg County line, Idlewild Rd, Mint
Hill town limit, Lawyers Rd, Bonlyn Dr., Riding Trail Rd, Executive
Center Dr., Wilora Lake Rd, Sharon Amity Rd, Sharon Chase Dr.,
Sunridge Ln, WT Harris Blvd (excludes geographic area that is within
the town limit of Mint Hill).
E. Independence Division:
Albemarle Rd, Executive Center Dr., Riding Trail Rd, Bonlyn Dr.,
Lawyers Rd, Mint Hill town limit, Matthews town limit, Alexander Rd,
Providence Rd, Sardis Rd, Rama Rd, Erinshire Rd, Sharon Amity Rd,
Independence Blvd.
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Scope of Services
F. Metro Division:
Capps Hill Mine Rd, Beatties Ford Rd, Cindy Ln, Interstate 77, Interstate
85, Graham St, Dogwood Av, 32nd St, Tryon St, 12th St, Brookshire Fr,
Interstate 77, Wilkinson Blvd, Ashley Rd, Interstate 85, Hoskins Rd,
Plumstead Rd, McAllister Dr., Northwood Dr.
G. North Division:
Lake Norman, Cornelius town limit, Davidson town limit, Davidson
ETJ, Huntersville town limit, Mecklenburg County line, Eastfield Rd,
Prosperity Church Rd, Loganville Dr., Panthersville Dr., Eagle Creek
Dr., Suttonview Dr., Crayton Dr., Silvermere Way, Rancliffe Ct,
Netherhall Dr., Chapel Ridge Rd, Browne’s Creek Rd, Browne Rd,
Sugar Creek Rd, Graham St, Interstate 85, Interstate 77, Cindy Ln, Slater
Rd, Capps Hill Mine Rd, Silver Ore Ln, Braden Dr., Northpointe
Industrial Blvd, Hoskins Rd, Chesapeake Dr., Auten Rd, Oakdale Rd,
Brookshire Blvd, Bellhaven Blvd, Christian Scott Ln, Lawing School
Rd, Westwinds Ct, Northwoods Forest Dr., Stoneyridge Dr., Mount
Holly Rd.
H. North Tryon Division:
Mineral Springs Rd, Reagan Dr., Sandy Av, Charcon Ct, Foxborough
Rd, Ponders End Ln, Newell-Hickory Grove Rd, WT Harris Blvd,
Sunridge Ln, Great Wagon Rd, Shamrock Dr., Eastway Dr., Sugar Creek
Rd, Raleigh St, Philemon Av, Cullman Av, Atando Av, Graham St.
I. Providence Division:
South Blvd, Morehead St, Henley Pl, Kings Dr., Cecil St, Cherry St, 4th
St, Hawthorne Ln, Armory Dr., Independence Blvd, Sharon Amity Rd,
Erinshire Rd, Rama Rd, Sardis Rd, Fairview Rd, Carmel Rd, Sharon
View Rd, Sharon Rd, Fairview Rd, Tyvola Rd, Buckingham Dr., Selwyn
Av, Wakefield Dr., Woodlawn Rd, Brandywine Rd, Westfield Rd, Reece
Rd, Park Rd, McDonald Av, Ideal Way, Euclid Av, Southend Dr.,
Cleveland Av.
J. South Division:
Tyvola Rd, Fairview Rd, Sharon Rd, Sharon View Rd, Carmel Rd,
Fairview Rd, Providence Rd, Alexander Rd, Matthews town limit,
Mecklenburg County line, Pineville town limit, Kilmory Tr, Balmoral
Cr, Heidleburg Ln, Gruenewald Ln, Covey Chase Dr., Ramblewood Ln,
Sugar Mill Rd, Red Barn Ln, Vineyard Ln, Huntingtowne Farms Ln,
Burnt Mill Rd, Birmingham Dr., Gray Gate Ln, Archdale Dr., Wensley
Dr.
K. Steele Creek Division:
Byrum Dr., Oak Lake Blvd, Tyvola Rd, Old Pineville Rd, Sharon Lakes
Rd, Sharon Oaks Ln, Riverbirch Dr., Longleaf Dr., Balmoral Cr,
Kilmory Trail, Pineville town limit, Mecklenburg County line, Lake
Wylie, Buckland Rd, Dixie River Rd, Interstate 485, Dorcas Ln, Steele
Creek Rd.
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Scope of Services
L. University City Division:
Eastfield Rd, Mecklenburg County line, Plaza Rd Ext, The Plaza, WT
Harris Blvd, Newell-Hickory Grove Rd, Old Concord Rd, Autumnwood
Ln, Dougherty Dr., Pattonsburg Dr., Sandy Av, Tryon St, I-85 Service
Rd, Mineral Springs Rd, Sugar Creek Rd, Rockwell Blvd West, Sugar
Creek Rd, Stoneglen Path, Browne’s Ferry Rd, Browne’s Creek Rd,
Chapel Ridge Rd, Netherhall Dr., Mountain Laurel Ln, Manbey Ct,
Crayton Dr., Meadow Post Ln, Sutters Hill Ct, Avalon Forest Ln, Lone
Tree Ct, Loganville Dr., Prosperity Church Rd.
M. Westover Division:
Billy Graham Parkway, Golf Acres Dr., Plato Cr, Wilkinson Blvd,
Parker Dr., Skyview Rd, Interstate 77, Tremont Av, Tryon St, Remount
Rd, Ideal Way, McDonald Av, Park Rd, Park Rd Shopping Center Dr.,
Brandywine Rd, Woodlawn Rd, Abbey Pl, Hedgemore Dr., Villa
Hermosa Dr., Buckingham Dr., Wensley Dr., Archdale Dr., Leafcrest Ln,
Edgewater Dr., Woodstock Dr., Watercrest Rd, Sherbourne Dr., Antlers
Ln, Hill Rd, South Blvd, Old Pineville Rd, Tyvola Rd.
In the event that Wrecker Division boundaries meet at a public roadway or
intersection, that particular roadway or intersection shall be considered part
of a Wrecker Division, contiguous to said roadway or intersection, as
determined by the computer-aided dispatch system of the CMPD. Such
roadway or intersection shall not be considered apportioned between the
Wrecker Divisions that come together at said roadway or intersection, but
shall instead be assigned to a single Wrecker Division by the CMPD’s
computer-aided dispatch system.
3.2.2.
Wrecker Division Statistics.
The table below represents the total number of calls or tows by City
Departments in calendar years 2013 and 2014.
Please be aware that the number of calls or tows indicated below for each
Department in no way represents the estimated number of times Division
Wrecker Services will be required in each Wrecker Division for any time
period during the Contract. The City does not guarantee any specific number
of calls for any Wrecker Division for any time period.
City
Department
CDOT
CED
CMPD
3.2.3.
Number of tows/calls in
calendar year 2014
1,227
153
55,361
Division Wrecker Operational Procedures.
Service Providers shall ensure the following operating procedures as well as
the specific requirements for each Department found in Section 8, Exhibits
C, D, and E:
3.2.3.1.
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Number of tows/calls in
calendar year 2013
1,421
111
52,009
Service Provider shall purchased all the insurance required by the
Contract;
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Scope of Services
3.2.3.2.
Service Provider shall be capable of meeting response times
required by the City and Authorized Agents as stated in Section
3.6.1;
3.2.3.3.
All Wrecker Drivers shall meet all requirements as stated in
Section 3.2.4;
3.2.3.4.
The operator of the Storage Lot or garage shall keep entrances and
exits properly attended or locked at all times during the period the
Storage Lot or garage is in operation and shall be responsible for
securely enclosing the same when not in operation;
3.2.3.5.
Notary Public Services shall be provided during normal business
hours to Vehicle Owners who wish to transfer ownership of their
Motor Vehicle while it is on the property of the Service Provider;
3.2.3.6.
Meet the payment acceptance as stated in Section 3.2.7;
3.2.3.7.
Service Provider shall be open to receive towed Motor Vehicles
twenty-four (24) hours a day, seven (7) days a week, including
holidays, plus provide Vehicle Owner access to and release of
Motor Vehicles from 6:00 a.m. to 12:00 a.m., seven (7) days a
week;
3.2.3.8.
Motor Vehicle inventory shall be the responsibility of the Service
Provider;
3.2.3.9.
Service Provider shall be responsible for ensuring that Motor
Vehicles are returned to Vehicle Owners in the same state of
cleanliness as they were in prior to the tow;
3.2.3.10. Service Provider shall take reasonable precautions to protect
against Motor Vehicle interior water damage or other damage to
the Motor Vehicle while in possession of the Service Provider; and
3.2.3.11. Service Provider shall release Motor Vehicles towed under the
Contract either to the Vehicle Owner or a representative of the
Vehicle Owner’s insurance.
3.2.4.
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RFP# 269-2015-052
Wrecker Driver Requirements.
Performance of the tasks below is to be considered part of the Basic Towing
Services. No extra charges for Special Services may be assessed for these
tasks. The Service Provider shall assume this work necessary on all requests
for Service and therefore considered part of the Basic Towing Services to be
provided. Wrecker Drivers who respond to calls for Service shall meet the
following requirements:
3.2.4.1.
be at least eighteen (18) years of age;
3.2.4.2.
be of sound physical condition, with good eyesight and not subject
to any infirmity of body or mind, which might render him/her unfit
for the safe operation of a Wrecker Vehicle;
3.2.4.3.
be able to read, write, and speak the English language;
3.2.4.4.
not be under the influence of drugs or alcohol;
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Scope of Services
3.2.5.
3.2.4.5.
be subject to a required Preliminary Breath Test or Alco-sensor
(PBT) on scene if suspected of having alcohol in his/her system;
3.2.4.6.
be properly licensed as required by North Carolina General
Statutes;
3.2.4.7.
be uniformed and wear a name tag to include first and last name;
3.2.4.8.
have adequate training to safely perform the Services required;
3.2.4.9.
be equipped and qualified to perform such tasks as: release of
spring set/air release parking brakes, axle shaft removal, U-joint
separation, air bag recovery, rigging, and other similar tasks
frequently encountered in the recovery of wrecked and/or disabled
Motor Vehicles.
Physical Plant Requirements.
3.2.5.1.
Storage Lot Requirements.
Service Providers must own or lease a Storage Lot within
Mecklenburg County, or close proximity thereof, for the storage of
Motor Vehicles towed under the Contract with the following
minimum specifications:
a. One (1) acre of secure storage area for towed Motor Vehicles
(If any Service Provider is awarded more than one (1) Wrecker
Division, the Storage Lot acreage requirement will increase by
½ acre with each additional Division. For example, a
Service Provider is awarded two (2) Wrecker Divisions,
their Storage Lot acreage requirement shall be one (1) and
½ acres);
b. The Service Provider must be operating from either: a) an I-2
zoned property; b) an I-1 zoned property; or c) a B-2 zoned
property. If the Service Provider is operating from an I-1 or B2 zoned property, the Service Provider may not keep any
Motor Vehicle on the Storage Lot for more than ninety (90)
days. If the Service Provider is operating from an I-2 zoned
property, the Service Provider may not keep any Motor
Vehicle on the Storage Lot for more than ninety (90) days
unless the zoning use for that Storage Lot is “junkyard”. For
all three (3) zones, the Service Provider must have appropriate
zoning use and meet all fencing, screening, and buffer
requirements per Charlotte Zoning Ordinance or applicable
zoning ordinance for the locality of the Storage Lot. Please see
the table below for allowable zoning uses within the City of
Charlotte:
Charlotte
Zoning
I-2
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RFP# 269-2015-052
Allowable
Zoning Use
• Junk Yard
• Automotive
Repair
Garage
April 10, 2015
Restrictions
Junk yard use is on condition that:
a.) Must be enclosed by a fence
which is not easily climbable
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b.)
I-1 or B2
• Automotive
Repair
Garage
from six to seven feet in
height, and located at least
30 feet from the public street
right-of-way, and
Screening requirements are
met, according to standards
in Zoning Ordinance Section
12.303.
Automotive Repair Garage use is
on condition that:
a.) The storage of automobiles is
limited to 90 days,
b.) Automobiles may be stored
for longer than 90 days only
while undergoing repair. A
valid contract to repair the
Vehicle is required,
c.) Screening requirements are
met, according to standards
in Zoning Ordinance Section
12.303, and buffers provided,
if required per section
12.302.
a.) The storage of automobiles is
limited to 90 days,
b.) Automobiles may be stored
for longer than 90 days only
while undergoing repair. A
valid contract to repair the
Vehicle is required,
c.) Screening requirements are
met, according to standards
in Zoning Ordinance Section
12.303, and buffers provided,
if required per section
12.302.
c. Service Provider must have only one (1) Storage Lot where
Vehicle Owners may reclaim their Motor Vehicle. Storage lots
in multiple locations may not be combined to meet the Storage
Lot size requirement. If a subcontracting relationship exists,
the subcontractor is required to store towed Motor Vehicles on
the Storage Lot of the primary Service Provider and not at a
separate location.
d. The Storage Lot shall be secured such as to reasonably deter
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access by unauthorized persons;
e. The Storage Lot shall have only one (1) common entrance and
one (1) common exit, which may be combined;
f.
Except for places of entrance and exit, the Storage Lot shall be
completely enclosed by barriers, constructed and maintained
so as to reasonably prevent unauthorized entrance, such barrier
consisting of either a properly secured building or at least a
seven (7) foot high chain link fence topped by three (3) strand
of barbed wire or concertina (razor) wire. When the Storage
Lot abuts a building, such fencing shall not be required on the
building side;
g. Available space for accommodating and protecting all disabled
Motor Vehicles;
h. All entrances and exits attended or locked at all times;
i.
The Storage Lot must be adjacent to the business office of the
Service Provider;
j.
The Storage Lot shall be lighted during the hours of darkness
with sufficient light to allow the Service Provider to observe
all areas of the Storage Lot and to reasonably deter
unauthorized persons; and
k. The Storage Lot shall be kept clean and have a clearly defined
walking area so that it is easy for Vehicle Owners to locate
their Motor Vehicle.
3.2.5.2.
Office Building Requirements.
Service Providers shall have an office building, which provides, at
a minimum:
a. A vault, safe, or secured room to safeguard the valuables,
which may be contained in the towed Motor Vehicles;
b. An adequate and clean waiting area for customers;
c. An operable facsimile machine; and
d. Signage stating the fee structure for Services under the
Contract in both English and in Spanish.
3.2.6.
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RFP# 269-2015-052
Release of Motor Vehicles.
Each Service Provider must be open and have its facilities staffed by at least
one (1) employee to release Motor Vehicles held on its Storage Lot to
Vehicle Owners from 6:00 a.m. until 12:00 a.m., seven (7) days a week.
Service Providers may allow, at their discretion, for Vehicle Owners to pay
for Wrecker Services and obtain personal property from stored Motor
Vehicles at other times, but they will not be required by the City to do so.
The Service Provider must be available at all times to provide access for
CMPD employees to Motor Vehicles on its Storage Lot.
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Service Providers will be required to release abandoned and junked Motor
Vehicles towed for CED from 6:00 a.m. until 12:00 a.m., seven (7) days a
week.
Motor Vehicles must be released either to the Vehicle Owner or to a
representative of the Vehicle Owner’s insurance company, provided that the
insurance company representative shows proof of: his or her own identity,
employment with the insurance company, a current insurance policy with the
Vehicle Owner showing that the Motor Vehicle is insured by the
representatives employer, and written permission from the Vehicle Owner to
turn the Motor Vehicle over to the insurance company.
Service Providers may, at their discretion and liability, allow persons other
than the Vehicle Owner to remove items from a towed Motor Vehicle in its
possession. Service Providers are solely responsible for the consequences of
what they do with Motor Vehicles while on their Storage Lot. They are also
solely responsible for the consequences of releasing those Motor Vehicles
and/or items within the Motor Vehicles. The City will not be liable for an
improper release of a Motor Vehicle or its contents by the Service Provider.
3.2.7.
Payment Acceptance.
The Service Provider must accept payment for Services and parking tickets,
at a minimum, in the forms of cash, Major Credit Card, and Debit Card. Each
of these options must be available at the storage facility and on all Wrecker
Vehicles. For cash payments at the scene, the Service Provider will not be
required to accept amounts other than the exact cash amount. Wrecker
Drivers will not be required to make change at the scene for Vehicle Owners
if cash is used although the Service Provider may do so if it chooses to
provide this service. Change must be available at the storage facility for the
use of cash by Vehicle Owners. Additional payment options may be offered
to Vehicle Owners at the discretion of the Service Provider.
No discounts or additional charges will be allowed for different methods of
payment. The City will not be responsible to help the Service Provider with
the collection of any bad debt resulting from any financial transaction.
If a Service Provider responds to a request by a government agency or a City
Authorized Agent to tow a Motor Vehicle due to a parking violation and the
Vehicle Owner is present and does not wish that his or her Motor Vehicle be
towed, the Vehicle Owner shall not be required to pay the Service Provider
for Services to avoid being towed by the Service Provider unless the Wrecker
Vehicle has been Hooked to the Motor Vehicle prior to the arrival of the
Vehicle Owner. Otherwise, the Motor Vehicle shall not be towed and the
Vehicle Owner shall not be charged any fee, unless a CMPD officer is on the
scene and authorizes the tow over the Vehicle Owner’s objections.
In towing instances other than parking violations, if a Vehicle Owner wishes
to pay the Service Provider before his or her Motor Vehicle is actually towed
and after the Motor Vehicle has been Hooked to the Wrecker Vehicle, the
Service Provider must allow this transaction to take place at the scene with
any of the above payment options without towing the Motor Vehicle. Once
the Vehicle Owner’s payment has been received or authorized, the Service
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Provider must release the Motor Vehicle back to the Vehicle Owner at the
scene.
3.2.8.
Division Wrecker Customer Service.
If a Vehicle Owner requests that his or her Motor Vehicle be towed to a
particular garage from an accident scene, the Service Provider shall make
every effort to fulfill the Vehicle Owner’s request immediately. If the
Vehicle Owner’s request is not possible then the Service Provider shall make
the Vehicle Owner aware that storage fees and a second tow charge will be
necessary to fulfill his or her request.
At no time and under no circumstances, will any Service Provider employee
physically restrain or physically or verbally threaten any Vehicle Owner. At
no time will any Service Provider employee attempt to prevent a Vehicle
Owner from leaving the scene of an accident or parking violation by force,
by blocking the Vehicle Owner with another Vehicle, or by threats,
intimidation, or any other means. If a Vehicle Owner attempts to leave the
scene of an accident or parking violation without being towed, the Service
Provider’s only recourse is to report it to the CMPD or to the City’s
Authorized Agent.
At no time and under no circumstances, will any Service Provider employee
engage in any dispute regarding the terms of the Contract with any City
employee or Authorized Agent during the actual provision of Services to the
public. Rather, the Service Provider shall raise any disputes with the City
Project Manager or the proper City official.
3.2.9.
Division Wrecker Miscellaneous.
3.2.9.1.
Dedicated Ring Down Telephone Line.
The City will maintain and pay for a dedicated telephone line
between the Service Provider and CMPD Communications. The
Service Provider will be responsible to supply a telephone at its
location for use on this line.
3.2.9.2.
Prohibition of Unauthorized Operation.
The Service Provider shall not stop at the scene of an accident or at
or near a disabled Motor Vehicle for the purpose of soliciting a
request for Service, either directly or indirectly, nor furnish any
Services unless the Service Provider has been summoned to such
scene by the Vehicle Owner or operator of a disabled Motor
Vehicle or has been requested to perform such Services at the
request of a CMPD police officer or Authorized Agent.
Wrecker Drivers shall not, without the express authorization of the
responsible investigating agency, move any Motor Vehicle from a
public highway or street or from any public property when such
Motor Vehicle is abandoned, stolen, damaged, or left unattended,
except that, notwithstanding the conditions imposed of these rules
and regulations, Wrecker Drivers may, in emergency cases, slide
left, right, or otherwise move a Motor Vehicle damaged as the
result of an accident, if the removal is for the purpose of extracting
a person from the wreckage or to remove an immediate hazard to
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life and/or property. In no event shall the movement be more than
is reasonable and necessary.
3.2.9.3.
Storage Fees.
For CMPD and CMPD tows, the Service Provider may begin to
charge storage fees six (6) hours after the Motor Vehicle being
towed arrives on the Storage Lot of the Service Provider. For CED,
the Service Provider may begin to charge storage fees six (6) hours
after the Service Provide sends an email notification to CED
regarding the tow. No storage fees will be charged if a Motor
Vehicle is released to the Vehicle Owner within six (6) hours of
the Motor Vehicle arriving on the Storage Lot of the Service
Provider. Storage fees will apply for each twenty-four (24) hour
period or any part thereof the Motor Vehicle is in the possession of
the Service Provider after the initial six (6) hour grace period. The
Service Provider must be able to document the arrival time of each
Motor Vehicle on their Storage Lot. Storage fees are capped at a
maximum of twenty dollars ($20) per day regardless of Motor
Vehicle size or weight.
Example: Motor Vehicle arrives at the Service Providers Storage
Lot at 3:00 p.m. on a Wednesday afternoon. The Motor Vehicle is
picked up by the Vehicle Owner at 6:00 p.m. on Friday afternoon
of the same week. The correct charge for storage is two (2) days of
storage.
3.2.9.4.
Dispatch Authorization Fees.
The Service Provider will pay the City a “Dispatch/Authorization
Fee” of five dollars ($5.00) per tow for each Motor Vehicle towed
that was dispatched or authorized by the City, excluding the
following:
a. Motor Vehicles towed at the request of CED; and
b. Motor Vehicles towed at the request of or on behalf of any
Federal or State government agencies.
Notwithstanding subsection (b) above, the City will be paid
Dispatch/Authorization Fees for Motor Vehicle tows that are
dispatched or authorized by the City on behalf of other local
government agencies operating within Mecklenburg County (other
than CED tows).
The Dispatch/Authorization Fees collected by the City from the
Service Provider will be used to hire personnel to monitor Division
Wrecker Services Contracts, pay for direct phone lines to the
Service Providers, print and distribute forms, and satisfy any City
obligations with respect to tows dispatched or authorized by the
City and other costs relating to the administration and enforcement
of the City’s Division Wrecker Services Contracts.
The Service Provider is required to pay the Dispatch/Authorization
Fees to the City by the tenth (10th) calendar day of each month for
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tows made during the previous month. The dollar amount of the
Dispatch/Authorization Fees will not increase during the term of
the Contract. In the event the Service Provider fails to timely pay
Dispatch/Authorization Fees by the due date, the Service Provider
shall pay the City a late fee calculated at the rate of eight percent
(8%) per year compounded monthly on the outstanding amount
due.
3.2.10. Division Wrecker Training.
Upon Contract award, the City shall require at least two (2) employees of the
Service Provider to attend training provided by the City on required software.
The CMPD shall devise and conduct the training at no cost to the Service
Provider. Refusal or inability to attend this training by the Service Provider
shall be grounds for immediate termination of the Contract by the City
without liability on the City’s part in any fashion. The two (2) Service
Provider employees that receive training by CMPD shall, after successful
completion of the training, be considered qualified to train other Service
Provider employees in the use of the software. The CMPD may provide
auxiliary training at its convenience and as needed, but no more than twice
per year. The Service Provider agrees that it and its employees will fully
comply with the use of the software as outlined by the CMPD. Any willful
deviation from the training will be grounds for immediate termination of
contract by the City without liability on the City’s part in any fashion and
allow the City the discretion of assessing Liquidated Damages in accordance
with Exhibit D.
3.2.11. Division Wrecker Reporting Requirements.
The Service Provider shall provide the City with the reports described below.
The reports shall be in an electronic format acceptable to the City.
3.2.11.1. General Reporting.
The Service Provider will provide the City with an accurate
electronic report of each Motor Vehicle it tows and for any Motor
Vehicle that the Service Provider stores, regardless of for whom, or
by whom the Motor Vehicle was towed, moved, and/or stored.
This reporting requirement applies to any Motor Vehicle not
owned by the Service Provider that is towed or stored by the
Service Provider. If the Service Provider owns more than one
storage lot, this reporting requirement applies to any Motor
Vehicle not owned by the Service Provider that is towed or stored
by the Service Provider on all storage lots. Per Section 3.2.5.1 of
this RFP, the Service Provider is allowed only one (1) Storage Lot
for the storage of all tows associated with the Contract.
All Motor Vehicles towed to or stored on a lot shall be reported to
CMPD using the CMPD provided software, including the release
of those Motor Vehicles, regardless of who requested the tow or
storage of the Motor Vehicle. This reporting requirement
applies to all tows including non-City tows and regardless of
who requests the tow.
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In the event the Vehicle Owner requests their Motor Vehicle to be
towed to a location different than the Storage Lot, that Motor
Vehicle shall be considered released to the Vehicle Owner when it
is left at such other location and the Service Provider report shall
include the fact of release.
The daily report shall be in such computerized form as is specified
by the City Project Manager and shall be transmitted to the City
Project Manager electronically using the CMPD provided
computer software for the administration and reporting of towed
Motor Vehicle information. The CMPD will provide the computer
software at no cost to the Service Provider. The report shall include
the following information:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
The Motor Vehicles’ manufacturer;
Model;
Year;
Color and Body Style;
VIN;
License plate (tag) number, state, and year (if known);
Location Motor Vehicle towed from;
Date & time of tow**;
Complaint # (if CMPD tow);
Location the Motor Vehicle was towed to;
Hold/Seizure information;
Tow-In and Storage Report Form #;
Identity of person / entity requesting the tow;
Reason for tow;
Vehicle driver name (if known);
Vehicle Owner name and address (if known);
A notice that the Motor Vehicle has been released once that
event has occurred with a notation in the comments section
indicating who the Motor Vehicle was released to; and
A notice that the Motor Vehicle has been released once title
has been obtained by the Service Provider (title acquisition
equates with “release” for the purpose of this report) with a
notation in the comments section indicating “title acquired”.
** If the CMPD officer or Authorized Agent does not enter a time
on the Tow-In and Storage Report Form, the Service Provider shall
report the time the Wrecker Driver left the scene, as accurately as
possible.
The information listed above shall be transmitted to the City
Project Manager no later than four (4) hours from the time the
Motor Vehicle is towed from the scene in the case of Motor
Vehicles that are towed to the Service Provider’s facility and eight
(8) hours from the time the Motor Vehicle is towed from the scene
in the case of Motor Vehicles that are not towed to the Service
Provider’s facility.
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In the case of Motor Vehicles that are not towed by the Service
Provider, but are accepted for storage, the information listed above
shall be transmitted to the City Project Manager no later than four
(4) hours from the time the Motor Vehicle is accepted for storage
by the Service Provider.
The Service Provider must resolve unmatched reports in a timely
manner so that no item goes unresolved for more than seven (7)
days from the time it first appears on the daily unmatched report.
(A daily “unmatched” report is transmitted by the CMPD to the
Service Provider using the software interface.)
The Service Provider shall report the release, or acquisition of title,
of any Motor Vehicle from the Service Provider’s facility within
two (2) hours of such release or title acquisition by the Service
Provider.
These reports shall be submitted electronically using the software
as mentioned above. Please refer to Exhibit J for sample screens
from the software that the Service Provider will be using to enter
data.
3.2.11.2. Weekly Data Backup.
The Service Provider will perform a weekly data backup of all
electronic information on removable backup media that is rotated
offsite.
3.2.11.3. Monthly Reporting.
The Service Provider shall, by the tenth (10th) calendar day of each
month, provide payment to the CMPD and CDOT Points of
Contact for the previous month’s dispatch/authorization fees. The
payment must be attached to a paper report showing all of the tows
/dispatches for which payment is being made. The computer
software provided by CMPD will be used to produce the paper
report.
Failure to provide an accurate and timely report or meet the other
requirements as specified in this Section shall be cause for the application of
Liquidated Damages in accordance with Exhibit D. Failure to cure by
providing a missing report to the City with seven (7) days after the City
requests it, or repeated (at least 3), failure to provide timely reports, or failure
to timely correct other failures that have been duly communicated by the City
Project Manager may result in termination of the Contract for default. In
some cases, an onsite audit conducted by the City will determine compliance.
In consideration of the CMPD providing the Service Provider with computer
software for the administration and reporting of towed Motor Vehicle
information at no cost to the Service Provider, the Service Provider shall
maintain an antivirus software program with automatic virus signature
updates on each computer storing the CMPD software or database.
Additionally, the Service Provider is required to have Microsoft Office
Professional 2003 installed on at least one (1) computer in order to facilitate
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reporting and maintenance functions. A newer version of this software may
be required during the term of the Contract at the direction of the City.
Without limiting the forgoing, the Service Provider shall use such computer
system to store and report to the City all information that is required. The
Service Provider shall make a reasonable, independent effort to ascertain the
correct VIN of Motor Vehicles it tows or stores, and shall not rely upon
information documented by any other party, including CMPD police officers.
To the extent that the required information cannot be reasonably obtained by
the Service Provider, the Service Provider shall not be liable for a failure to
report such information.
In the event of a failure with the Service Provider’s internet connection, a
hardware failure, and other reasonable interruptions; these reporting
requirements may be waived or time for compliance extended at the
discretion of the City Project Manager, if the Service Provider has notified
the City Project Manager within eight (8) hours of the commencement of the
interruption.
3.3.
Fleet Towing Services.
The City is also seeking to locate a Service Provider(s) to provide Fleet Towing
Services. Service Providers shall be awarded a separate Contract to provide Fleet
Towing. Those Service Providers awarded Division Wrecker Contracts shall be
utilized as secondary Fleet towing providers as needed.
Fleet Towing Services shall include the towing and recovery of disabled Vehicles
and special Equipment belonging to various City Departments. All brands, classes
and sizes of Vehicles and Equipment utilized by the City Fleet may require towing by
the Service Provider including, but not limited, to: motorcycles, SUVs, sedans,
pickups, police cars, light duty industrial vehicles, medium duty and heavy duty
trucks, fire apparatus, trailers, scooters, forklifts, and construction equipment.
The Service Provider shall be able to provide Services for the following Vehicle
categories:
A. Light Vehicles & Specialty Equipment.
10,000 lbs. and under Gross Vehicle Weight (GVW). Including but not limited
to: sedans, pickup trucks, four wheel drive light trucks; SUV’s and vans
including marked police, fire, emergency response vehicles, boats and trailers,
personalized watercraft, motorcycles, scooters, four-wheelers and other ATV,
radar trailers, cargo trailers, forklifts, and golf carts.
B. Medium Duty Vehicles: 10, 001 through 26,000 (GVW).
Including but not limited to: dual wheel general use medium truck, pick-up
trucks crew cab trucks, fire brush trucks, step vans, and vehicles with wheel chair
lifts.
C. Heavy Trucks: 26,001 & up (GVW).
Including but not limited to: dump trucks, street sweepers, flushers, refuse and
recycling trucks, catch basin cleaners, concrete mixers, and fire apparatus.
D. Miscellaneous & Construction Equipment from 10,001 & up.
Including but not limited to: backhoes, track hoes, loaders, track-hoes,
excavators, paving rollers, paving machines, dozers, tractors, motor graders, and
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heavy trailers.
This list of Vehicles and Equipment is not all inclusive, and is subject to change
without notice. The Service Provider will be expected to effectively manage any
changes in volume and classes or types of Vehicles and Equipment that may or may
not be referenced in this Agreement.
3.3.1.
Service Provider Fleet Towing Requirements.
All Drivers must be equipped and qualified to perform such tasks as caging
the parking brake spring for air brakes, axle shaft removal, drive shaft Ujoint separation and re-installation, rigging, and other similar tasks frequently
encountered in the recovery of wrecked and/or disabled heavy or specialty
Vehicles. Performance of these tasks is to be considered part of the towing
price. The Service Provider should assume that this work may be necessary
on all tows and therefore considered part of the flat rate.
The Service Provider shall perform all necessary Services to insure the
damage free and safe towing of the Vehicle or Equipment. These Services
must include, but not be limited to, axle line removal, uncoupling, securing,
and re-installation of drive shafts, securing lift forks on commercial refuse
trucks and securing broom and nozzle mechanisms on street sweepers. These
Services are to be included in the flat rate. No Vehicles or Equipment are to
be hooked at the front of the equipment without drive line(s) or associated
gearing being disconnected to allow drive wheels to roll free.
The City will provide special instructions if requested by the service provider
for the Service Provider on hooking, towing, & lift procedures for special
Equipment to be towed that includes, but is not limited to: Fire apparatus,
street sweepers, catch basin cleaners, and Solid Waste collection Equipment.
3.3.1.1.
Cleanliness/Damages.
The Service Provider shall ensure that Vehicles are returned to the
City in the same state of cleanliness and operating condition as
they were prior to the tow or any operations performed by the
Service Provider. Each operator shall carry and use a clean cover
or gloves as needed to protect the interior of Equipment and
Vehicle when entering any Equipment or Vehicle. It will be the
Service Provider’s responsibility and at the Service Provider’s
expense to clean and or reconcile any soiling that may occur
during the Services. If any Equipment is damaged while in
possession of the Service Provider, Fleet Management shall be
contacted immediately.
The standard procedure for accident reporting shall be provided to
the Service Provider by the City. The City shall evaluate or assess
damages, manage estimates and arrange repairs. The Service
Provider shall not attempt to arrange any repairs or estimates to
any Equipment. Damage repairs will be billed back to the Service
Provider after repairs are completed.
Other costs may be associated with accident processing and may
be billed to the Service Provider. Examples include but are not
limited to: processing fees, time, and transportation costs.
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3.3.1.2.
Licensing.
The Service Provider shall provide notarized copies of all valid
licenses and certificates required for performance of the Services.
The notarized copies shall be delivered to the City Project Manager
no later than ten (10) days after the effective date of a Contract
between the Service Provider and the City. Current notarized
copies of licenses and certificates shall be provided to the City
within twenty-four (24) hours of demand at any time during the
Contract. Licenses and certificates include, by way of illustration
and not limitation, the following: 1) a business license valid in
North Carolina; 2) and any additional licenses pertaining to or that
may be required to be held by persons performing the Services. It
shall be the sole responsibility of the Service Provider to provide
updates for all new employees to the City prior to allowing towing
of City Vehicles.
3.3.1.3.
Accident Site Cleaning Requirements.
The Service Provider shall clean all broken glass, auto parts, spills
or other debris other than major chemical spills from the roadway
or sidewalk at the scene of an accident. Failure to do so may result
in warning notification. Repeated failure may result in termination
of the Contract. The wrecker operator shall carry away such debris
for disposal. The necessary clean up equipment shall be kept on the
tow trucks at all times.
The Service Provider will not be expected to clean or be held
accountable for Vehicle sites where they have not been dispatched
to perform towing Services, unless a company called by the
Service Provider to assist with that tow performed the towing
Services.
If it is necessary for the Service Provider to “bleed” or otherwise
drain lines on the Motor Vehicle prior to towing, the Service
Provider will be responsible for properly preventing fluids from
draining on to the street(s) or ground by use of containment
equipment and will include proper disposal of such fluid. These
Services are to be included in the cost of Basic Towing Services.
Note: The Charlotte Fire Department or another assigned
contractor will handle all chemical spills.
3.3.1.4.
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City Employee Ride-Along
The City may require, under special circumstances, the Service
Provider to transport City or County personnel when the operator
of the Vehicle to be towed is unable to have a fellow employee
pick them up at the scene where their Vehicle was disabled. These
exceptions shall typically occur after hours, on weekends, and
during other valid emergency situations. In these situations, upon
request, the Service Provider will be required to transport the
Vehicle operator in the cab of the tow truck back to a Fleet
Management Facility where the Vehicle is being towed to. If
facilities are closed, the Service Provider is to coordinate with the
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employee to be taken to a safe location owned by the City or
County. The Service Provider shall not transport the Vehicle
operator to any other location (this includes but is not restricted to
private residences, public stores, bus stops, or other non-secured
locations.) The Service Provider shall note on the invoice the
employees’ name, and location they were transported to.
It will be the City or County employees’ responsibility to inform
their respective departments of the ride along.
3.3.2.
Fleet Towing Service Locations/Destinations Operating Requirements.
A. All Vehicles shall be returned to the originating caller’s facility as
designated by Fleet Management at the time of the call unless otherwise
instructed by a Fleet Management representative. This includes all after
hours towing. The invoices and keys shall be left in the designated afterhours location. A complete inventory of Vehicles shall be provided to the
Service Provider prior to performing the Services.
B. The Service Provider shall ensure that everything possible has been done
to secure the Vehicle. This shall include but shall not be limited to:
locking all doors, closing all windows, toolboxes, work bins, etc.
Vehicles with broken windshields, side glass, and/or rear windows, are to
be covered with plastic are taped or “crash wrapped” if delivered to a
destination after normal operating hours. The Service Provider may
request the assistance of a City employee in securing the Vehicle during
normal business hours.
C. The Service Provider shall be responsible for “dropping” or parking the
Vehicle in the appropriate location on the maintenance or surplus facility
grounds. Movement of the Vehicle due to improper placement shall be at
the expense of the Service Provider.
D. A Fleet Management employee will advise on a Vehicle drop location or
a “layout” or “map” of the grounds of each facility. Specific designations
for placement of the Vehicles will be provided to the Service Provider
along with numbered and inventoried keys necessary for entrance into
the compounds.
E. The Shop Manager(s) at the location the Equipment or Vehicle is
dropped must be notified immediately if the key to any City facility is
lost. The facilities’ locks will be changed and new keys made at the
Service Provider’s expense.
3.3.2.1.
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ARD Facility Services.
Services for auction property will be coordinated only with the
ARD Property Staff. The Service Provider will not move Vehicles
or Equipment to the ARD property lot at the direction of Fleet
Management or other agencies without the approval of the ARD
Property Staff. The majority of these tows will be defined as
scheduled or pre-arranged. In the event a tow or movement of
Vehicles or Equipment becomes a priority (on an exception basis),
the service provider will be notified by the ARD Property Staff.
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The Service Provider will be given complete instructions as to
how/ where the Vehicles and Equipment are to be placed or staged
when they are delivered or possibly prior to the Vehicles or
Equipment delivery to the ARD facility. If the Vehicles or
Equipment are not properly positioned, it shall be the Service
Provider’s responsibility to move them at no cost to the City.
The Service Provider may be asked by ARD staff to tow Vehicles
from other governmental agencies within Mecklenburg County to
the ARD property site, including but not limited to: Mecklenburg
County, Charlotte-Mecklenburg Board of Education, Charlotte
International Airport, and the Charlotte Housing Authority.
3.3.2.2.
Fleet Maintenance Shop Location.
The City Project Manager will facilitate the flow of information as
needed between the Service Provider and various City
departments. The Fleet Management facilities that the Service
Provider will be towing Vehicles to or from are as follows:
Asset Recovery and Disposal (ARD)
5550-A Wilkinson Blvd.
Charlotte, NC 28269
Operating Hours:
Monday through Friday
7:00 a.m. through 4:00 p.m.
Facility contact number: 704-432-5285
Atando Avenue Fleet Maintenance Facility
1031 Atando Ave.
Charlotte, NC 28205
Operating Hours:
Monday through Friday
6:00am until 10:30pm
Facility contact number: 704-336-2722
12th Street Fleet Maintenance Facility
900 W. 12th St.
Charlotte, NC 28208
Operating Hours:
Monday through Friday
7:30am until 4:00pm
Facility contact number: 704-432-3000
Sweden Road Fleet Maintenance Facility
4600 Sweden Rd.
Charlotte, NC 28273
Operating Hours:
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Monday through Friday
6:00am until 10:30pm
Facility contact number: 704-432-6484
Louise Avenue Fleet Management Facility
829 Louise Ave.
Charlotte, NC 28204
Operating Hours:
Monday through Friday
6:00am until 10:30pm
Facility contact number: 704-336-3050
Tuckaseegee Road Fleet Management Facility
701 Tuckaseegee Rd.
Charlotte, NC 28208
Operating Hours:
Monday through Friday
6:00am through 6:00pm
Facility contact number: 704-336-6059
Commission/De-Commission (CDC) Fleet
Management Facility
5550-A Wilkinson Blvd.
Charlotte, NC 28208-2929
Operating Hours:
Monday through Friday
7:00am until 5:00pm
Facility contact number: 704-336-4189
3.3.3.
Fleet Towing Reporting.
Any foreseeable delay or possible disruption in the performance of the
Services shall be immediately reported to Fleet Management. The Service
Provider must be willing and able to supply monthly, quarterly, and/or
annual summary reports of services provided including frequency and pricing
if requested by the City.
The Service Provider shall keep complete records including invoices of all
tows and transactions for a period of not less than three (3) years after the
date of the Service performed.
3.3.4.
Miscellaneous Fleet Towing Requirements:
3.3.4.1.
Special Event Coverage.
In these two (2) categories, a pre-specified minimum number and
class of wrecker equipment need to be staged to tow disabled City
Vehicles at the request of the City:
a. VIP Motorcade Escorts-Pre Event sweep coverage removal of
stalled or Vehicles tagged by CMPD both twenty-four (24) to
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thirty-six (36) hours prior to and during the event. The number
of drivers and equipment determined prior to event by CMPD.
The Service Provider will provide an employee roster with
driver’s license numbers along with equipment listing one
week prior to an event for approval by CMPD and/or other
U.S. Law Enforcement agencies.
b. Campaigns such as “Click It or Ticket”, “Booze It and Loose
It” and other projects where the need for Vehicle removal is
requested by CMPD or other law enforcement agencies.
3.3.4.2.
Inclement Weather Support.
Snow chain or cable installations at CMPD facilities and other
designated City locations: The Service Provider will be consulted
on an inclement weather plan in September of each year and will
receive a copy of the locations designated to receive this Service.
Fleet Management shall supply the chains/cables which shall be
assigned to the Service Provider prior to inclement weather. The
service provider must be trained and efficient on proper snow
chain, cable, or other devices installation and removal. These
services must be completed without assistance from Fleet
Management personnel. The Service Provider may be called to put
on the chains or cables, but not necessarily called to remove them.
Fleet Management personnel will dispatch as needed. The
possibility may exist on an exception basis where the service
provider may be required to respond to other public welfare
emergencies requested by Fleet Management. These situations will
be handled on a case by case basis.
The City occasionally requires inclement weather or emergency
fuel delivery for snow plows, motor graders, salt, slag, or brine
crews, or other possible needs as required. The Service Provider
will be notified as soon as possible if this Service will be needed
and what type of fuel (diesel, gasoline or both) is needed. The
Service Provider shall be prepared during the winter months to
provide this Service if requested by Fleet Management or other
City Departments.
THE FOLLOWING SECTIONS APPLY TO BOTH DIVISION WRECKER AND FLEET
TOWING SERVICES UNLESS SPECIFICALLY INDICATED AS PERTAINING TO A
SINGLE SERVICE.
3.4.
Equipment Condition and Capacity Requirements.
The Service Provider shall possess sufficient towing capacity to assure that the needs
of the City can be met within the response time deadlines and with the proper type of
equipment as outlined in this RFP. All equipment shall meet the minimum
requirements listed below. Brakes, lights, signals, and related equipment must be
maintained in a good condition to assure safe tows up to the rated capacity of the
Wrecker Vehicle. All Wrecker Vehicles are required to have federal inspections.
All subcontractor relationships must be in accordance with the requirements set forth
in this RFP and the sample Contract included as Section 8.
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The Service Provider must own or lease, and have in its possession on the effective
date of the Contract, the following equipment:
A.
One (1) operational Wrecker Vehicle with 8,500 pounds winching capacity
with 100 feet of 3/8 inch winching cable, as well as a boom arm;
B.
One (1) operational Rollback body truck;
C.
At least three (3) additional Wrecker Vehicles as described above in A or B;
D.
One (1) Wrecker Vehicle with a twin cable winching capacity of (20,000
pounds with 200 feet of 7/16 inch winching cable; and
E.
Equipment capable of towing Motor Vehicles of larger size than 8,500 pounds
GVW as well as equipment for towing intermediate sized Motor Vehicles and
large transfer trucks.
Each Wrecker Vehicle utilized by the Service Provider shall be equipped with the
following equipment:
A.
One (1) tow dolly per Wrecker Vehicle with the exception of roll-back/flat-bed
trucks;
B.
Three (3) sets of Class A signals; two (2) signals attached on the front, two (2)
signals attached on the rear, and two (2) signals attached to an elevated
position;
C.
One (1) revolving/strobe or LED amber light visible up to 500 feet and one (1)
sealed beam spotlight;
D.
One (1) Federal Communications Commission (FCC) licensed FM two-way
radio, cellular phone, mobile, or other two-way communication device;
E.
Fire Extinguishers:
•
One (1) two quart fire extinguisher, or larger; and
•
A fire extinguisher having an Underwriters Laboratories rating of 5 B:C or
more;
OR
•
Two fire extinguishers, each of which has an Underwriters Laboratories
rating of 4 B:C or more.
F.
Tools for unlocking Motor Vehicles;
G.
Twenty-five (25) feet of rope;
H.
One (1) push broom, with at least a 14- inch head, one (1) dust pan, and one (1)
refuse container;
I.
One (1) square point shovel, which is at least a No. 2 and a quantity of
absorbent material;
J.
Oil-absorbing material: All Wrecker Vehicles operated in metropolitan areas
shall have no less than one (1) of the following: (i) Sand or commercial oil and
grease absorbent, (ii) at least 1,155 cubic inches of material, or (iii) the
equivalent of a five-(5) gallon can of material which can be carried in a
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weatherproof container;
K.
Electric lantern or flashlight, such as a battery-powered electric lantern, or a
two-cell flashlight in lieu of an electric lantern;
L.
At a minimum, the business name, address, and telephone number shall be
displayed on the side of the cab of the Wrecker Vehicle. Except for those
Vehicles subject to 49 C.F.R. Part 390, per N.C.G.S. § 20-101, all Company
Wrecker Vehicles must have the name and address of the registered owner of
the Vehicle and the name and owner of the business if different than that of the
owner, printed on the side of the Vehicle in letters not less than three inches in
height.; and
M.
Gloves and a clean seat cover to protect the interior of Motor Vehicles.
N.
Other miscellaneous equipment such as Vehicle tarp cover, crash wrap,
emergency lighting and/or flares for on-scene work, and traffic/emergency
highway cones.
If the Service Provider’s plan includes a subcontract relationship, a Letter of Intent
must be included with the Service Provider’s Proposal indicating the Service
Provider’s intent to subcontract the Services required by this RFP. This Letter of
Intent must include:
A. Subcontractor or company contact information; and
B. be signed by the subcontractor;
OR
C. must be on company letterhead of the subcontractor.
A subcontract will be required with the final Contract.
The Service Provider must have the above equipment for each Wrecker Division
awarded.
3.5.
Pricing.
3.5.1.
Fleet Towing Pricing.
The City expects to establish a long-term relationship with its Fleet Towing
Service Providers in order to permit costs and fees to be distributed properly
over a sufficient time period. For purposes of this RFP and the Service
Provider’s Proposal for Fleet Towing, assume an initial term of three (3)
years, with the City having an option to renew for two (2) additional
consecutive one (1) year terms thereafter.
Regardless of exceptions taken, Service Providers shall provide pricing for
Fleet Towing based on the requirements and terms set forth in this RFP.
Pricing must be all-inclusive and cover every aspect of the Project. Cost must
be in United States dollars rounded to the nearest quarter of a dollar. A
pricing worksheet is provided in Section 7, Form 4B of this RFP
3.5.2.
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RFP# 269-2015-052
Division Wrecker Pricing.
The City expects to establish a long-term relationship with its Division
Wrecker Services Service Provider in order to permit costs and fees to be
distributed properly over a sufficient time period. For purposes of this RFP
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Section 3
Scope of Services
and the Service Provider’s Proposal, assume an initial term of five (5) years,
with the City having an option to renew for two (2) additional consecutive
one (1) year terms thereafter. Regardless of exceptions taken, Service
Providers shall be able to charge the maximum fees to Vehicle Owners for
the Services set forth in Section 7, Form 4A of this RFP.
The Division Wrecker Services Contracts are intended to set the rates for
passenger vehicles of less than 8,500 pounds GVW. The calculation of GVW
shall be determined by the Motor Vehicles gross vehicle weight
manufacturer’s rating or an actual weighing of the Motor Vehicle, excluding
the weight of any cargo or passengers but including the weight of any fuel
present in the Motor Vehicle’s own permanent fuel tank, whichever is less if
both the rating and a weight are available.
While this RFP is mainly geared toward small and mid-sized Motor
Vehicles, the Wrecker Divisions include interstate highways where all
manner of Motor Vehicles travel on a regular basis. It is essential that the
highways of Mecklenburg County are kept clear at all times regardless of the
size of the Motor Vehicle that is blocking the flow of traffic. While the City
will not attempt to set the rates for these additional types of towing Services,
each Service Provider must be able to promptly fulfill any need that arises in
its Wrecker Division. Pricing for the tow of any Motor Vehicle over 8,500
pounds must be communicated to the customer prior to Hookup or to any
other Services being performed.
Service Providers will not assess any fees or other charges (including but not
limited to cancellation fees) to Vehicle Owners or to the City except for the
charges specifically authorized in this Section.
Unclaimed Motor Vehicles may become the possession of the Service
Provider under the procedures established by North Carolina law. The
Service Provider may apply for ownership and disposal of unclaimed Motor
Vehicles as allowed by North Carolina law. The City will not be responsible
for any charges associated with Unclaimed Motor Vehicles.
3.5.2.1.
Charges to the Vehicle Owner.
The Service Provider shall not charge the Vehicle Owner for any
Services other than: (a) storage; (b) additional Special Services
being performed by the Service Provider at the direction and
approval of the Vehicle Owner; and (c) if the Service Provider files
for title, the reasonable fees for the legal paperwork associated
with filing for title of Motor Vehicles with the State of North
Carolina or other governmental authority.
If the Vehicle Owner chooses to have the Motor Vehicle towed by
another towing company from the Service Provider’s storage
facility, the Service Provider must either allow the other towing
company on the Storage Lot or move the Motor Vehicle to the
edge of the Service Provider’s Storage Lot, at no additional cost, to
a location that can be easily accessed by the other towing
company.
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The Service Provider shall not charge a Vehicle Owner for the cost
of Basic Towing Services or Special Services unless the Service
Provider has made physical contact with the Motor Vehicle in
question to the point where it is physically impossible for the
Motor Vehicle to be driven away. The act of touching the Motor
Vehicle or merely responding to the scene of a requested tow does
not entitle the Service Provider to be paid the cost of Basic Towing
Services.
The Service Provider shall not charge a Vehicle Owner for any
Special Services that were not reasonably necessary to safely tow
and store the Motor Vehicle unless the Service Provider can
document that the Special Services were approved or requested by
the Vehicle Owner.
3.5.2.2.
Charges to the City.
All charges relating to Services shall be payable solely by the
Vehicle Owner, except as specifically set forth in this Section. The
only times the City will be responsible for charges relating to any
Services outlined in this RFP are if the City requests that the
Service Provider tow an Asset Forfeiture Vehicle or Evidence
Hold Vehicle. In such cases, the City will pay the Service Provider
in accordance with the rates outlined in Section 7, Form 4A.
Unless the CMPD provides contrary instructions in a specific
situation, all Asset Forfeiture Vehicles and Evidence Hold
Vehicles shall be towed directly to the CMPD Impound Lot
located at Byrum Drive.
The only instance where the City will pay the Service Provider for
storage occurs when the CMPD police officer specifically directs
the Service Provider in writing to tow an Asset Forfeiture Vehicle
or Evidence Hold Vehicle to the Service Provider Storage Lot. In
order for the Service Provider to collect payment from the City
for storage in this case, the Service Provider must provide
written authorization by the CMPD police officer specifically
directing the Service Provider to tow the Motor Vehicle to the
Service Provider Storage Lot and must follow the Invoicing
requirements detailed in Exhibit A, Section 4.4.
The term “Asset Forfeiture Vehicle” does not refer to Motor
Vehicles that have been seized pursuant to state laws that allow the
seizure of Motor Vehicles from persons charged with driving while
impaired (“DWI Seizures”). The Service Provider shall not be
entitled to collect from the City any charges for Services relating to
DWI Seizures. DWI Seizures shall be towed to the Service
Provider’s Storage Lot and shall be released only to the State of
North Carolina’s authorized towing service or the Vehicle Owner
if release to the Vehicle Owner is authorized by court order.
The City Project Manager may in other instances voluntarily agree
to pay for charges relating to Services (such as in a situation where
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Section 3
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the City requested a Motor Vehicle be towed by mistake or where
the Vehicle Owner is the innocent victim of the crime.) However:
(i) no such commitments by the City’s Project Manager shall be
binding unless in writing and signed by the City, with a specific
reference to the date, Motor Vehicle, and reason the City is
agreeing to pay the charges; and (ii) the fact that the City
voluntarily agrees to pay certain charges in a particular situation
shall not be construed as a contract on the part of the City to cover
similar charges in any similar situation, past, present, or future.
3.5.2.3.
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Summary of Charges.
The following chart summarizes payment responsibilities. Payment
responsibility is indicated by the “YES” in the box. “NC” indicates
no payment responsibility or “No Charge”.
Vehicle
Owner
CMPD
CDOT
CED
Basic Towing
Services
YES
NC
NC
NC
Stand By Time
YES*
NC
NC
NC
Storage Fees
YES
NC
NC
NC
Overturned
Vehicle
YES
NC
NC
NC
Tire Change
YES
NC
NC
NC
Out of Gas
YES
NC
NC
NC
Motorcycle
Trailer Tow
YES
NC
NC
NC
Dolly/wheelskids/go-jacks
NC
NC
NC
NC
DWI Seizure
NC
NC
NC
NC
Disposal Fees
NC
NC
NC
NC
CED tows for
Motor Vehicles
over eight
thousand five
hundred (8,500)
pounds
YES
NC
NC
YES**
Motor Vehicles
over eight
thousand five
hundred (8,500)
pounds
YES***
NC
NC
NC
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Provider
YES
YES
41
Section 3
Scope of Services
Vehicle
Owner
CMPD
CDOT
CED
Asset Forfeiture/
Evidence Hold
tows (but not
storage)
NC
YES
NC
NC
Asset Forfeiture/
Evidence Hold
tows over eight
thousand five
hundred (8,500)
pounds
NC
YES
NC
NC
NC
NC
NC
NC
YES
NC
NC
NC
Outstanding
Parking Tickets
YES
NC
NC
NC
CDOT
Collection Fee
NC
NC
YES
NC
Company
Employee
Criminal
Records Check
NC
NC
NC
NC
YES
Interest/Late
Fees
NC
NC
NC
NC
YES
Dispatch/
Authorization
Fee
NC
NC
NC
NC
YES
Cancellation
Fees
Winching Fees
may be charged
for off-roadway
tows ONLY.
Winching may
be charged for
on-road tows
ONLY if the
Motor Vehicle is
not on all four
tires, rims, or in
a normal
position as
motor Vehicles
function.
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Provider
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Section 3
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Vehicle
Owner
CMPD
CDOT
CED
Service
Provider
Unclaimed
Motor Vehicles/
Write-off
Accrued
Expenses
YES
NC
NC
NC
YES
Vehicle Damage
not described on
the Tow-in and
Storage Report
Form
NC
NC
NC
NC
YES
Liquidated
Damages
NC
NC
NC
NC
YES
*Waiting Time charged at $10.00 per hour after the first hour.
**In accordance with Section 8 - Exhibit E - #5 – Payment Process & Schedule for
CED Motor Vehicle Tows.
***Price must be communicated to the customer prior to Hookup or any other
Services being performed.
3.6.
Response Times.
3.6.1.
Response to Calls for Division Wrecker Service
The Service Provider shall respond to calls for Service from CMPD
Communications or other government agency in no longer than thirty (30)
minutes. A Service Provider is deemed to have responded to a call for
Service at the time the Service Provider Wrecker Driver arrives at the scene
of the tow, exits the Wrecker Vehicle and reports to the appropriate CMPD
police officer or other appropriate official or Authorized Agent at the scene.
Abandoned and junk Motor Vehicles towed for CED have a maximum
response time of three (3) business days. In this context, “response” means
having towed the abandoned or junk Motor Vehicle from the reported
location and properly stored it.
Failure to respond within the time allowed for each and every incident of a
call for Service from CMPD, CED, or the City’s Authorized Agent may
result in the application of Liquidated Damages as described in Exhibit D.
The City Project Manager will decide whether to apply Liquidated Damages
for failure to respond on a case-by-case basis.
Repeated failures to respond to calls within the time allowed may result in
termination of Contract.
Notwithstanding anything contained herein to the contrary, the City will not
impose Liquidated Damages for failure to respond to the scene of an accident
or disabled Motor Vehicle within thirty (30) minutes or for failure to respond
to a request by CED for Service within three (3) business days if in the
reasonable judgment of the City Project Manager both of the following
condition are met:
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a. such failure was caused by factors beyond the control of the Service
Provider; and
b. such failure could not have been prevented through the exercise of
reasonable precaution (such as promptly dispatching a Wrecker
Vehicle, having an adequate number of Wrecker Drivers and
Wrecker Vehicles available, stationing Wrecker Vehicles at offsite
locations to handle foreseeable rush hour demands for Service,
etc.).
It is the responsibility of the Service Provider to notify the City Project
Manager immediately if the Service Provider believes that Liquidated
Damages should not be assessed in a particular situation, and to provide at
the same time all information, which the Service Provider believes, justifies a
waiver of Liquidated Damages. The Service Provider agrees that failure to
provide such notice and information within twenty-four (24) hours after a
particular incident will constitute a waiver of any right the Service Provider
may have to contest the imposition of Liquidated Damages in connection
with such incident.
3.6.1.1.
Time of Service.
The Service Provider shall provide on-call Services twenty-four
(24) hours a day, seven (7) days per week, including holidays. The
Service Provider shall ensure that adequate numbers of Wrecker
Drivers are on the Service Provider premises or on call at any
given time to meet the response times stated in this RFP.
The Service Provider must be staffed with sufficient numbers of
qualified Wrecker Drivers to be capable of responding regularly
and without delay to calls for Service at any hour of the day or
night. The Service Provider shall be available at all times to
provide access for CMPD employees to Motor Vehicles on its
Storage Lot.
Illness, inability to contact qualified Wrecker Drivers, out-ofservice Wrecker Vehicles, or other equipment and/or inadequate
equipment will not be accepted as justification for delays in
response to calls for Service or for access and shall not be grounds
for avoidance of possible Liquidated Damages.
3.6.2.
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Response Times for Fleet Towing.
The Service Provider shall respond by being at the disabled Vehicle’s
location to all routine recovery calls from the City in less than sixty (60)
minutes of receiving the dispatch call from the City, twenty-four (24) hours a
day, seven (7) days per week. If the Service Provider cannot respond in sixty
(60) minutes, they are responsible for alerting Fleet Management Shop
personnel of an accurate and creditable estimated time of arrival immediately
by phone and email. If circumstances arise on an exception basis where the
Service Provider responds two (2) hours later to a routine call, the Service
Provider shall be required to credit the City fifty dollars ($50.00) per incident
on the corresponding invoice.
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The Service Provider shall be responsible to meet the following conditions:
a. Emergency requests for towing Services are an urgent situation, and time
is of the essence. Examples include, but not limited to: an accident with
injury, Vehicle (s) blocking interstate or major thoroughfare, fuel spill,
etc. The response times for these “Emergency” calls are immediate on
scene top priority, (less than 60 minutes) from the time the Company is
called by the City. Response time is defined as the Company is “on
scene”. When the Service Provider is called to dispatch personnel and
equipment, an Estimated Time of Arrival (“ETA”) must be provided at
that time.
3.7.
Security Requirements.
The Service Provider must define and demonstrate security procedures that are in
place. The City requires that security measures be taken – both physical security and
network security, in that the City’s information and other documents and data are
made available only to the Service Provider and parties that the City approves.
3.8.
City Contract Requirements.
The City will enter into a Contract written by the City with the successful Service
Provider that contains the terms and conditions set forth in Exhibit A. Each Service
Provider must state specifically in its Proposal any exceptions to the terms and
conditions included in Exhibit A, and any proposed additional terms or conditions
deemed important by the Service Provider. The City will take any such exceptions
and proposed additions into account during the evaluation process. Any terms and
conditions that the Service Provider does not specifically object to will be
incorporated into the resultant Contract. Notwithstanding the foregoing, the City
reserves the right to change the proposed contractual terms and conditions prior to or
during contract negotiations if it is in the City’s best interest to do so.
The terms and conditions set forth in Exhibit A are not all inclusive. The City will
propose additional terms and conditions based on the responses to this RFP and the
City’s analysis of the successful Service Provider’s Proposal.
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Section 4
Proposal Format
4. PROPOSAL FORMAT.
The City desires all Proposals to be identical in format in order to facilitate comparison.
While the City’s format may represent departure from the Service Provider’s preference, the
City requires strict adherence to the format. The Proposal will be in the format described
below:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
Cover letter;
Proposed Solution;
Background and Experience and Financial Information as requested in Section 5;
The “Addenda Receipt Confirmation” set forth in Section 7, Form 2;
The “Proposal Submission” set forth in Section 7, Form 3;
The “Fleet Towing Pricing Form” set forth in Section 7, Form 4A
The “Wrecker Division Request” set forth in Section 7, Form 4B;
The “Requirements Matrix” set forth in Section 7, Form 5;
The “Financial Resources Data” set forth in Section 7, Form 6;
The “Service Provider Background Form” set forth in Section 7, Form 7;
The “Criminal Records Check Consent Form” set forth in Section 7, Form 8;
The “Financial Information Release Form” set forth in Section 7, Form 9
The “Proposal Certification” set forth in Section 7, Form 10;
The “MWSBE Subcontractor Utilization” set forth in Section 7, Form 11;
The “References” set forth in Section 7, Form 12;
The “Equipment List” set forth in Section 7, Form 13;and
Exceptions to the Remainder of the RFP, including the Sample Contract in Section 8.
All Proposals shall be 8 1/2" x 11" format with all standard text no smaller than eleven (11)
points and use one-sided copying.
Proposals must also include a CD or flash drive including the entire Proposal in a searchable
format such as MS Word or Adobe Acrobat.
Service Providers are required to organize the information requested in this RFP in
accordance with the format and instructions outlined above and detailed below. Failure
to do so may result in the City, at its sole discretion, deeming the Proposal nonresponsive. The Service Provider, however, may reduce the repetition of identical
information within several sections of the Proposal by making the appropriate crossreferences to other sections of the Proposal. Appendices for certain technical or
financial information may be used to facilitate Proposal preparation.
4.1.
Proposal Content.
4.1.1.
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Cover Letter.
The Proposal must include a letter of transmittal attesting to its accuracy,
signed by an individual authorized to execute binding legal documents.
The cover letter shall provide the name, address, telephone and facsimile
numbers of the Service Provider along with the name, title, address, email
address, telephone and facsimile numbers of the executive that has the
authority to contract with the City. The cover letter shall present the
Service Provider's understanding of the Project, a summary of the approach
to be undertaken to perform the Services, as well as a summary of the costs
to provide the Services.
April 10, 2015
46
Section 4
Proposal Format
4.1.2.
Proposed Solution.
Given the purpose of this project and the City's goals as stated in this RFP,
provide a creative solution to meet such goals. For each component of the
Project described in Section 3, state whether your Proposed Solution
complies and provide a description of how the Proposed Solution
complies as well as any additional information requested. If you wish to
add supplemental information, it shall be labeled “Supplemental
Information.”
4.1.3.
Background and Experience and Financial Information.
The Service Provider shall provide a concise description of the company,
including origin, state of incorporation, background, and current size as
requested in Section 5. Include information concerning general
organization and staffing as well as experience with similar Division
Wrecker Services projects as described in Section 3.
4.1.4.
Equipment, Physical Plant and Operational Requirements.
Address the following as completely as possible. If you wish to add
supplemental information, it shall be labeled “Supplemental
Information.”
4.1.4.1. Minimum Equipment Requirements.
The minimum equipment requirements are listed in Section 3.4.
The City may do a site visit to ensure that all equipment exists.
The Service Provider must include: a) a copy of the current North
Carolina registration; and b) a copy of the North Carolina state
inspection; and c) a copy of the Federal inspection for each
Wrecker Vehicle listed.
4.1.4.2. Division Wrecker Specifc Requirements.
Equipment Requirements.
The Service Provider must have the equipment outlined in Section
3.4 for each Wrecker Division awarded.
Physical Plant Requirements.
Provide details per the requirements outlined in Section 3.2.5 of
this RFP for each of the following:
Storage Lot Requirements.
a) Describe the Storage Lot including: acreage; zoning and use;
security; entry; barriers; capacity; fencing; lighting; location of
business office; grounds maintenance, etc.
b) If submitting a Proposal for the Central Division, please
include proximity of the Storage Lot to the nearest CATS bus
stop.
Storage Lot Zoning and Use Requirements.
Provide a zoning verification letter from the jurisdiction in which
the Storage Lot is located.
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Section 4
Proposal Format
Additional Storage Lot Requirements.
If any Service Provider is requesting more than one (1) Wrecker
Division, the Storage Lot requirements increase by fifty percent
(50%) for each additional Wrecker Division.
For each additional Wrecker Division beyond the first choice as
indicated on Section 7, Form 4A, the Service Provider must have
an additional one half (1/2) acre of secure storage area for towed
Motor Vehicles. Provide details regarding the Service Provider’s
Storage Lot to evidence that this requirement is currently met or
will be met.
Office Building Requirements.
Describe the office building and facilities including: location;
condition; vault; waiting area; fax; signage; maintenance, etc.
4.1.4.3. Operational Requirements.
Describe operational procedures and address the following:
capability to meet response times required by the Contract; Storage
Lot or garage entrances and exits management; Notary Public
Services; acceptance of cash, Major Credit Cards and Debit Cards;
Hours of operation; inventory; care of Motor Vehicles while on the
Storage Lot; protection of Motor Vehicles from the elements; and
release of Motor Vehicles.
4.1.4.4. Wrecker Driver Requirements.
Provide details regarding the requirements for Wrecker Drivers as
outline in Section 3 of this RFP.
4.1.5.
Required Forms.
To be deemed responsive to this RFP, Service Providers must complete in
detail, all Proposal Forms listed in this Section 4, items numbered e
through p.
Included as a required form is a functional requirements matrix to assist the
Service Provider in understanding the expectations of the City and to aid in
the comparison of Proposals. Service Providers must provide a response
under each and every subsection of the requirements matrix.
4.1.6.
TOWING SERVICES
RFP# 269-2015-052
Exceptions to the RFP.
Exceptions must be submitted in accordance with Section 1.6.13 of this
RFP. If exceptions are not identified in your Proposal they may not be
considered during Contract negotiation and could result in Proposal being
rejected from further consideration. If legal counsel needs to review the
Sample City Contract prior to signature, reviews must be completed before
your Proposal is submitted.
April 10, 2015
48
Section 5
Background and Experience
5. SERVICE PROVIDER’S BACKGROUND AND EXPERIENCE.
Please answer the following questions as completely as possible, placing your answer
immediately after the question to which it applies. If you wish to add supplemental
information, it shall be labeled “Supplemental Information.”
5.1.
Analytical Approach (Information Only - No Response Required).
The evaluation of financial viability of the Service Providers was developed with one
primary goal in mind: to protect the City from risk of default by a selected Service
Provider due to financial instability. Various analytical techniques will be used to
assess the financial strength and stability of each Service Provider, focusing on
profitability, solvency, and efficiency. The analysis will include an evaluation of
specific financial indices and ratios in an effort to maximize objectivity and provide
measures that are more directly comparable among Service Providers.
Other factors which may impact the financial position of a Service Provider, or which
provide additional evidence of the financial strength of a Service Provider, will also
be assessed. These factors include years of experience in providing similar Services,
and demonstration of the ability to obtain sufficient levels of liability and property
damage insurance.
Relevant information regarding recent litigation and bankruptcy filings, which may
materially affect a Service Provider’s financial position, will be examined. In
addition to credit ratings and credit reports, bank and vendor references will be used
to evaluate the credit worthiness of each Service Provider.
5.2.
Guarantor.
The nature of the relationship between the Service Provider and its guarantor is
crucial to protect the City in the event that the contracting Service Provider defaults
on its obligations. If the parent company of a proposing Service Provider is serving as
the guarantor, then the parent company must indicate in a letter its willingness to
guarantee all contractual obligations of the Service Provider. If the Company that
is serving as guarantor has a relationship with the Service Provider other than a
parent/subsidiary relationship, then a detailed explanation of all past and present
relationships between the Service Provider and its guarantor must be provided, in
addition to a letter from the guarantor indicating its willingness to guarantee all
contractual obligations of the Service Provider.
Any financial information requested of the Service Provider in the following section
must similarly be provided for the guarantor. In the event of a joint submission or
Proposal, all proposing entities must provide statements specifying the extent to
which each entity will act as guarantor and provide all relevant financial documents
for all entities involved in the joint venture. Additionally, if there is more than one (1)
guarantor, then the guarantors must be jointly and separately obligated.
5.3.
Requests for Financial Information.
The Service Provider must have the financial information requested in this Section
5.6 readily available and have the ability to provide it to the City, without exception,
within twenty-four (24) hours upon the City’s request during the Proposal evaluation
process.
DO NOT INCLUDE THE FINANCIAL INFORMATION REQUESTED IN
THIS SECTION WITH YOUR PROPOSAL SUBMISSION.
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Section 5
Background and Experience
If the Service Provider does not have the audited financial statements requested, it is
the responsibility of the Service Provider to provide the City with information of
sufficient quantity and with verifiable sources to ascertain that the Service Provider is
financially capable of performing the Services described in this RFP. Failure to
provide adequate financial information may result in the exclusion of your Proposal
from the procurement process.
Upon request, please furnish the following financial information for the proposing
Service Provider(s), guarantor(s), and any sub-contractor included as having a
significant role (defined as providing more than fifteen percent (15%) of the services)
in providing Services to the City:
a. Include in the statement of guarantor(s), as described in Section 5.2. Guarantor,
evidence of the ability of the guarantor to meet the short-term funding needs of
this Project; include information on presently available liquid resources, such as
cash on deposit, short-term marketable securities, lines-of-credit. This is an
important aspect of the financial evaluation. Documentation to evidence these
resources may be requested during the evaluation.
b. Evidence that demonstrates the ability to obtain the insurance as required in
Section 8. Such insurance should provide coverage in the stated amount for each
occurrence of bodily injury and for each occurrence of property damage with
coverage for products/completed operations, personal injury liability, and
contractual liability;
c. Annual audited financial reports for each of the past five (5) fiscal years,
prepared in accordance with Generally Accepted Accounting Principles (GAAP),
and all relevant notes; if audited financials are not available for the most recent
year-end, provide unaudited financials with a timetable for when the audited
financials will be available. If the Service Provider has no audited or reviewed
financial reports, financial reports generated from the Service Provider’s
accounting software along with bank statements for the same period will be
required. The Service Provider will also need to provide the last two years of tax
returns and quarterly payroll tax filings from the same period. Additional
financial information may be requested.
d. The most recent Form 10-K and Form 10-Q filed with the Securities and
Exchange Commission (SEC); or, if the contractor is not regulated by the SEC,
then the most recent quarterly financial report.
e. Description of any material adverse changes in financial position within the past
five (5) years; any material changes in the mode of conducting business; any
bankruptcy proceedings, mergers, acquisitions, takeovers, joint ventures, and/or
divestitures within the past five (5) years. In addition, provide a clear and
definitive statement of the following:

Years of providing similar Services by the Service Provider and/or
predecessor organization;

Whether or not the Service Provider (and/or predecessor, guarantor or
subcontractor) has declared bankruptcy within the last five (5) years;

Description of the financial impact of any past or pending legal proceedings
and judgments, as identified in Section 5.4 that could materially affect the
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Section 5
Background and Experience
Service Provider’s financial position or ability to provide Services to the
City. This information will be reviewed and assessed in accordance with the
information provided by the Service Provider, in the above referenced
Section;

All credit reports, credit bulletins, and any other published statements by the
most recognized agencies (Standard & Poors Rating Group, Moody, Investor
Services, Dun & Bradstreet, and Value Line) that have been issued or
published about the entity within the past five (5) years;

The prospectus or offering statement for the entity’s latest security or equity
offering;

The company name, contact person, telephone number, and fax number of at
least two (2) references from bank or institutional lenders which have
extended credit to the entity in the past five (5) years; or if the entity has not
applied for credit in the past five (5) years, the contact person’s name,
telephone number, and fax number of at least two (2) references from banks
with which the entity conducts business;

The company name, contact person, telephone number, and fax number of at
least two (2) credit references from suppliers/vendors; and

Any additional information, which the Service Provider believes, is
appropriate to fully reflect the financial strength of the entity.
Failure to provide such information is cause for rejection of the Service Provider
Proposal at the sole discretion of the City. For any subcontractor providing more
than fifteen percent (15%) of the Services, the City reserves the right, at its sole
discretion, to reject the subcontractor if it fails to meet minimum financial
requirements. In the event the City’s Evaluation Committee rejects the
subcontractor, the Contractor must assume the responsibilities of the
subcontractor or find a replacement satisfactory to the Evaluation Committee.
5.4.
Past or Pending Judgments.
For purposes of this Section, the term “Related Entity” means any parent, subsidiary,
affiliate or guarantor of the Service Provider. For all matters involving the Service
Provider providing products or services to local, state or federal government, submit
declarations of the current status of any past or pending criminal, civil, or
administrative litigation against the Service Provider or any Related Entity. For all
matters involving the Service Provider providing products or services to local, state
or federal government, in addition, submit declarations of the current status of all
pending criminal, civil or administrative litigation that commenced within the past
five (5) years in North America, whether or not it involves local governments, against
the Service Provider or Related Entity. (For the purpose of the declarations, current
officer, shall be defined to include those individuals who are presently serving or
who have served within the past two (2) years as an officer of the company.) State
whether there are any cases pending against the Service Provider, a Related Entity,
officer of either, that, if adversely resolved, would pose a material risk of insolvency
to either the Service Provider or Guarantor or materially affect the Service Provider’s
or Guarantor’s ability to perform their obligations.
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Section 5
Background and Experience
The respondent may choose not to submit records for matters that were resolved prior
to the time that the subsidiary or affiliate became associated with the parent
company, as long as that subsidiary or affiliate will not be involved in the provision
of Services to the City. All records for subsidiaries or affiliates of the parent company
that may be involved in the provision of Services to the City must be included.
The City reserves the right to request additional information to explain any of the
above citations/violations.
5.5.
Financial and Legal Considerations (Information Only - No Response
Required).
The Service Provider must have the financial information requested in this Section
5.7 readily available and have the ability to provide it to the City, without exception,
within twenty-four (24) hours upon the City’s request during the Proposal evaluation
process.
If the audited financial statements requested in this section are not available, it is the
responsibility of the Company to provide the City with information of sufficient
quantity and with verifiable sources to ascertain that each entity identified is
financially capable of performing the Services required by the Company in
performance of the Services described in this RFP. Failure to provide adequate
financial information may result in the exclusion of your Proposal from the
procurement process.
a. For each entity identified in Section 5.3a, specify the entity’s total revenue,
number of employees, products and services, affiliated companies, and other
descriptive information;
b. For each entity identified in Section 5.3a, provide relevant documents that
describe the entity’s financial status, such as audited financial statements, annual
reports, or 10-K reports, and the DUNS number; and
c. If your Company does not have the audited financial statements requested above,
it is the responsibility of the Company to provide the City with information of
sufficient quantity and with verifiable sources to ascertain that the Company is
financially capable of performing the Services described in this RFP. Failure to
provide adequate financial information may result in the exclusion of your
Proposal from the procurement process.
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Section 6
Evaluation Criteria
6. PROPOSAL EVALUATION CRITERIA.
Proposals will be evaluated based on the Service Provider's ability to meet the performance
requirements of this RFP. This section provides a description of the evaluation criteria that
will be used to evaluate the Proposals. To be deemed responsive, it is important for the
Service Provider to provide appropriate detail to demonstrate satisfaction of each criterion
and compliance with the performance provisions outlined in this RFP. The Service Provider’s
Proposal will be the primary source of information used in the evaluation process. Proposals
must contain information specifically related to the proposed Services and requested herein.
Failure of any Service Provider to submit information requested may result in the elimination
of the Proposal from further evaluation.
Proposals will be assessed to determine the most comprehensive, competitive and best value
solution for the City based on, but not limited to, the criteria below. The City reserves the
right to modify the evaluation criteria or waive portions thereof. Proposals will be evaluated
on the following major categories:
a.
b.
c.
d.
e.
f.
g.
Qualifications and Experience
Proposed Solution;
Financial Qualifications;
Site Visit;
Cost Effectiveness and Value;
Acceptance of the Terms of the Contract; and
MWSBE Subcontractor Utilization.
6.1. Qualifications and Experience
Service Providers will be evaluated on their background and experience information
provided in Section 7, Required Form 7.
6.2. Proposed Solution.
Service Providers will be evaluated based upon their understanding, experience and
qualifications in performing the same or substantially similar Services, as reflected by
its experience in performing such Services. The evaluation will include references
regarding work for organizations with needs similar to the City's, and the feasibility of
the Service Provider's approach for the provision of the Services.
6.3. Financial Qualifications.
This criterion includes an evaluation of the financial qualifications of the Service
Provider. The evaluation will take into account the financial strength of the Service
Provider and its ability to meet the long-term financial requirements of the Contract.
The Internal Audit Division of the City will evaluate the Proposal responses and give
an opinion to the evaluation team as to the financial strength of each Service Provider
based on the financial information submitted in accordance with Section 5.
6.4. Site Visits.
The City will utilize site visit(s) to evaluate whether the Service Provider meets the
Requirements as outlined in this RFP.
6.5. Cost Effectiveness and Value.
Under this criterion, Proposals will be compared in terms of the most reasonable and
effective pricing options. The Evaluation Committee will also take into consideration
any indirect costs associated with the Services and administration of the Contract.
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Section 6
Evaluation Criteria
6.6. Acceptance of the Terms of the Contract.
The City will evaluate the Proposals for compliance with the terms, conditions,
requirements, and specifications stated in this RFP including the sample contract
language provided in Section 8. Regardless of exceptions taken, Service Providers shall
provide pricing based on the requirements and terms set forth in this RFP. Exceptions
shall be identified in accordance with Sections 1.6.13 and 4.1.5 of this RFP.
6.7. MWSBE Subcontractor Utilization.
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s
contracting and procurement process. For the purposes of this RFP, the City will
consider a Service Provider’s MWSBE certification and/or MWSBE subcontracting
inclusion efforts. To count towards a Department MWSBE Goal, MWSBE certified
Service Providers and/or their MWSBE subcontractors must meet the following
certification criteria prior to Proposal submission:
•
•
Be designated as a City of Charlotte certified SBE; and/or
Be designated as a City of Charlotte registered MBE or WBE
MWSBE utilization is only one (1) criterion considered in the totality of all criteria
listed in this Section 6.
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Section 7
Required Forms
REQUIRED FORM 1 - REQUEST FOR PROPOSALS ACKNOWLEDGEMENT
RFP # 269-2015-052
Towing Services
The Service Provider hereby certifies receipt of the Request for Proposals for the City of
Charlotte, North Carolina RFP #269-2015-052, Division Wrecker Services. This form should be
completed upon receipt of the City’s Request for Proposals and faxed in time for the City to
receive it by or before April 20, 2015. Failure to submit this form by the designated date shall not
preclude the Service Provider from submitting a proposal. Please fax the completed Request for
Proposals Acknowledgement Form to the attention of:
Tracey Keyes
Procurement Management Division
Fax: 704-632-8519
Completed forms may also be scanned and emailed to [email protected].
Date: _________________________
Authorized Signature:______________________________________________________
Title:__________________________________________________________________________
Company Name:________________________________________________________________
Contact Name: _________________________________________________________________
Contact E-mail address: __________________________________________________________
Please check the appropriate space below and provide the requested information:
_____We plan to attend the Pre-Proposal Conference and plan on submitting a Proposal
Indicate number of attendees:
_____We do not plan to attend the Pre-Proposal Conference but plan on submitting a
Proposal
Reason:________________________________________________________________________
_____We do not plan to attend the Pre-Proposal Conference and do not plan on submitting
a Proposal
Reason:_______________________________________________________________________
______________________________________________________________________________
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Section 7
Required Forms
REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION
RFP # 269-2015-052
Towing Services
Please acknowledge receipt of all addenda by including this form with your Proposal. All
addenda will be posted to www.ips.state.nc.us.
ADDENDUM #:
DATE ADDENDUM
DOWNLOADED FROM NC IPS:
_________
_________
_________
_________
_____________
_____________
_____________
_____________
I certify that this proposal complies with the General and Specific Specifications and conditions
issued by the City except as clearly marked in the attached copy.
_____________________________
(Please Print Name)
______________________
Date
_____________________________
Authorized Signature
_____________________________
Title
_____________________________
Company Name
TOWING SERVICES
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Section 7
Required Forms
REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM
RFP # 269-2015-052
Towing Services
This Proposal is submitted by:
Service Provider Name:
________________________________________________________
Representative (printed): ________________________________________________________
Representative (signed): ________________________________________________________
Address:
________________________________________________________
________________________________________________________
City/State/Zip:
________________________________________________________
Email address:
________________________________________________________
Telephone:
________________________________________________________
(Area Code) Telephone Number
Facsimile:
________________________________________________________
(Area Code) Fax Number
The information contained in this Proposal or any part thereof,
including its Exhibits, Schedules, and other documents and instruments
delivered or to be delivered to the City, is true, accurate, and complete.
This Proposal includes all information necessary to ensure that the
statements therein do not in whole or in part mislead the City as to any
material facts. It is understood by the Service Provider that the City
reserves the right to reject any and all Proposals, to make awards on all
items or on any items according to the best interest of the City, to waive
formalities, technicalities, to recover and re-bid this RFP. Proposal is
valid for two hundred and forty (240) calendar days from the Proposal
due date.
______________________________________
________________________
Service Provider
Date
_____________________________________
Authorized Signature
________________________
Please type or print name
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Section 7
Required Forms
REQUIRED FORM 4A – WRECKER DIVISION REQUEST
RFP # 269-2015-052
Towing Services
The Service Provider must complete a separate copy of this form for each Wrecker Division
they wish to be considered for.
Wrecker Division:
(Example: North Division)
Indicate preference for Contract award purposes (1st, 2nd, 3rd, etc.) for this Division:_______
Company Name:
______________________________________________________________
Company Contact: ______________________________________________________________
Contact Phone:
______________________________________________________________
Cost of Basic Towing Services for Motor Vehicles of 8,500 pounds or less from this Wrecker
Division:
$100.00
Maximum Cost of daily storage for Motor Vehicles regardless of size or weight:
$20.00
The City sets the following pricing for Special Services under the Contract:
Description
Charges To Vehicle Owner
Waiting Time
$10 per hour after the first hour
Motorcycle Trailer
$10 per incident
Winching may be charged for off-roadway tows as
appropriate. Winching may be charged for on-road tows
ONLY if the Motor Vehicle is not on all four tires, rims,
or in a normal position as Motor Vehicles function
$30
Tire Change
$25 per incident
$15 per incident plus the cost of the fuel
(Service Provider must have receipt to
Out of Gas
show the customer)
Price to be communicated to customer
Motor Vehicle tow over eight thousand five hundred
prior
to Hookup and any Service being
(8,500) pounds GVW
performed by the Service Provider
Description
Charges To City
Asset Forfeiture/Evidence Hold tow to CMPD Impound
Lot
$100
Asset Forfeiture/Evidence Hold tow over eight thousand
five hundred (8,500) pounds GVW to the CMPD
Impound lot
$250
CED tows over eight thousand five hundred (8,500)
pounds GVW*
$250
Stand-by Services (at the City’s request)
$10 per hour
*In accordance with Section 8 - Exhibit F – Part# 5 – Payment Process & Schedule for CED Motor Vehicle Tows.
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Section 7
Required Forms
REQUIRED FORM 4B – FLEET TOWING PRICING FORM
RFP # 269-2015-052
Towing Services
Regardless of exceptions taken, Service Providers shall provide pricing based on the
requirements and terms set forth in this RFP. Pricing must be all-inclusive and cover every
aspect of the Project. If there are additional costs associated with the Services, please add
to this chart. Your Price Proposal must reflect all costs that the City will be responsible
for.
1. Basic Pricing:
Service Providers shall indicate their pricing taking into consideration the following
costs:
• Any permits, licenses, certifications, or other related operational fees/duties/costs the
Company may incur;
• Any training, tools, or special equipment;
• Services included: for heavy truck, cage parking brake springs for air brakes, axle shaft
removal and/or re-installation, drive shaft U-joint separation and/or re-installation,
rigging and other similar tasks frequently encountered in the recovery of wrecked and/or
disabled heavy Vehicles;
• Securing lift forks on commercial refuse trucks and securing broom and nozzle
mechanisms on street sweepers;
• Any fluid or debris clean-up resulting from any towing operation performed. Examples
include, but are not restricted to, “bleeding” or draining of hydraulic lines, debris spilled
or dropped at the scene;
• Any wait time at recovery scene;
• Any supplies related to cleaning or prevention of the soiling of any piece of Vehicle
provided under this contract;
• Any and all labor charges and expenses;
• Any supplies or tools referenced ; and
• Fuel costs.
Any additional expenses not detailed below that are incurred by the Service Provider in the
course of providing these Services shall not be invoiced to the City.
Service Providers shall indicate their pricing below for general Towing Services for each type
of described vehicle assuming a thirty-five (35) mile radius from 1105 Otts Street, Charlotte,
NC 28205:
Type of Tow
Flat rate cost of Basic Towing Services for Vehicles of 10,000
pounds GVW or less
Flat rate cost of Basic Towing Services for Vehicles of 10,001
through 26,000 pounds GVW
Flat rate cost of Basic Towing Services for Vehicles 26,001 pounds
GVW or more
Flat rate cost of Basic Towing Services for miscellaneous or
construction Vehicles of 10,001 pounds GVW or more
TOWING SERVICES
RFP# 269-2015-052
April 10, 2015
Unit Cost
$ _______
$ _______
$ _______
$ _______
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Section 7
Required Forms
Flat rate for Towing disabled loaded refuse heavy trucks to
Charlotte Motor Speedway landfill (Concord, NC), unloading, and
return to Fleet Management Facility placing request for service
$ _______
Should a Vehicle require towing beyond the thirty-five (35) mile radius of 1105 Otts Street,
Service Providers may provide an additional per-mile charges from the 35-mile radius line to
and from the CMS Landfill back to the 35-mile line.
Type of Vehicle
10,000 pounds GVW or less
10,001 through 26,000 pounds GVW
26,001 pounds GVW or more
Miscellaneous or construction Vehicles
of 10,001 pounds GVW or more
Per-Mile Rate
$ _______/mile
$ _______/mile
$ _______/mile
$ _______/mile
2. Emergency Services Pricing.
Occasionally, special circumstances may mean the City requires emergency services outside
of normal towing and recovery operations. Service Providers shall indicate below their
pricing for any service they are willing and able to perform for the City:
Service Description
Cable installation per vehicle, (Vehicle of less
than 10,000 pounds GVW)
Chain / Cable installation per vehicle, (1,500
to 2,000 pound GVW Vehicle):
Diagnose or check voltage with volt or AMP
meter and provide battery jump start (all
Vehicle categories) where required:
Light
Medium
Heavy
Construction Equipment
Change tire (Vehicles of 10,000 pounds GVW
or less only)
Other: ____________________________
Other: ____________________________
Other: ____________________________
Other: ____________________________
Unit Cost
$ _______
$ _______
$ _______
$ _______
$ _______
$ _______
$ _______
$ _______
$ _______
$ _______
$ _______
$ _______
3. Special Circumstances Pricing.
The Services detailed below are available to the City, and can be used at the City’s discretion.
The City does not make any guarantees to utilize these Services. Service Providers shall
indicate below their pricing for any service they are willing and able to perform:
Service Description
Roll back wrecker
Heavy wrecker
Landall
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Hourly Cost
$ _______
$ _______
$ _______
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Section 7
Required Forms
Bobcat or skid steer
Forklift
$ _______
$ _______
4. Asset, Recovery and Disposal (ARD) Pricing.
Service Providers shall indicate below their flat rate, per-tow for ARD-related towing
Services as detailed in Section 3.3.1.1:
Vehicle Description
10,000 pounds GVW or less
10,001 through 26,000 pounds GVW
26,001 pounds GVW or more
Miscellaneous or construction Vehicles of 10,001 pounds
GVW or more
Unit Cost
$ _______
$ _______
$ _______
$ _______
Service Providers shall indicate their per-hour cost for moving or repositioning Vehicles for
ARD purposes as described in Section 3.3.1.1:
Vehicle Description
10,000 pounds GVW or less
10,001 through 26,000 pounds GVW
26,001 pounds GVW or more
Miscellaneous or construction Vehicles of 10,001 pounds
GVW or more
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Hourly Cost
$ _______
$ _______
$ _______
$ _______
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REQUIRED FORM 5 – REQUIREMENTS MATRIX
RFP # 269-2015-052
Towing Services
The City created a functional requirement matrix to assist the Service Provider in understanding
the expectations of the City and to aid in the comparison of Proposals. Each Proposal must
include the matrix with the appropriate code denoted by the Service Provider for each
requirement of the Project. The inability of a Service Provider to successfully meet all of the
functional requirements listed in this matrix will not invalidate the Proposal, although those
Proposals, which do meet all of the functional requirements, may be given priority.
Service Providers must provide a response under each and every subsection with one of the
following codes to be deemed responsive:
Code
Functional Requirement
“N”
Service Provider cannot meet the requirement.
“Y”
Service Provider currently meets this requirement.
“F”
This requirement will be met if awarded a Contract. (Explanation Required).
“X”
The requirement will be met by the proposed solution in some other way.
(Explanation Required).
“U”
Where the Service Provider does not need to respond specifically to the requirement
but does need to acknowledge the process or procedure, “U” stands for
“Understands and Will Comply”. Requirements where the code “U” is
acceptable are noted by three asterisks (***). All other requirements must
have one of the other codes included in this table.
Service Providers must clearly identify any inability to meet defined requirements.
If the Service Provider does not completely comply with a requirement, the reason must be
clearly stated and include an alternate solution, if applicable or required, in the “Comments”
column of the matrix.
For the requirements requiring detailed information or description, provide as much information
as is necessary to adequately respond to the requirement.
If additional response space is needed, the Service Provider must provide the response on a
separate page and reference the attached response by section number.
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DIVISION WRECKER SERVICES REQUIREMENT
FEATURE
CODE
SERVICE PROVIDER COMMENTS
Section 1 – Introduction and General Information
1.
2.
3.
***Accuracy of RFP and Related Documents as stated in
Section 1.3.
***Expense of Submittal Preparation as stated in Section
1.5.
***Proposal Conditions as stated in Section 1.6.
Section 3.2 – Division Wrecker Scope of Services
4.
5.
6.
7.
8.
***Wrecker Division Boundaries as described in Section
3.2.1.
***Wrecker Division Statistics as provided in Section
3.2.2.
***Operational Procedures as provided in Section 3.2.3
Wrecker Driver Requirements outlined in Section 3.2.4.
All Physical Plant Requirements described in Section 3.2.5
Section 3.2.6 - Release of Motor Vehicles
9.
10.
11.
Each Service Provider must be open and have its facilities
staffed by at least one employee to release Motor Vehicles
held on its Storage Lot to Vehicle Owners from 6:00 a.m.
until Midnight, seven (7) days a week.
The Service Provider must be available at all times to
provide access for CMPD employees to Motor Vehicles on
its Storage Lot.
Service Providers will release abandoned and junked Motor
Vehicles towed for CED from 6:00 a.m. until Midnight,
seven (7) days a week.
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12.
13.
Motor Vehicles must be released either to the Vehicle
Owner or to a representative of the Vehicle Owner’s
insurance company.
***Service Providers may, at their discretion and liability,
allow persons other than the Vehicle Owner to remove
items from a towed Motor Vehicle in their possession.
Section 3.2.7 – Payment Acceptance
14.
The Service Provider shall meet the payment acceptance
criteria as described in Section 3.2.7.
Section 3.2.8 – Division Wrecker Customer Service
15.
All Service Provider employees shall meet the City’s
expectation for customer as described in Section 3.2.8
Section 3.2.9 – Division Wrecker Miscellaneous
16.
17.
18.
***The City will maintain and pay for a dedicated phone
line between the Service Provider and CMPD
Communications.
The Service Provider will be responsible to supply a
telephone at their location for use on this line.
***The Service Provider shall not stop at the scene of an
accident or at or near a disabled Motor Vehicle for the
purpose of soliciting a request for Service, either directly or
indirectly, nor furnish any Services unless the Service
Provider has been summoned to such scene by the Vehicle
Owner or operator of a disabled Motor Vehicle or has been
requested to perform such Services at the request of a
CMPD police officer or Authorized Agent.
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19.
***Wrecker Drivers shall not, without the express
authorization of the responsible investigating agency, move
any Motor Vehicle from a public highway or street or from
any public property when such Motor Vehicle is
abandoned, stolen, damaged, or left unattended, except
that, notwithstanding the conditions imposed of these rules
and regulations, Wrecker Drivers may, in emergency cases,
slide left, right, or otherwise move a Motor Vehicle
damaged as the result of an accident, if the removal is for
the purpose of extracting a person from the wreckage or to
remove an immediate hazard to life and/or property. In no
event shall the movement be more than is reasonable and
necessary.
Section 3.2.11 – Division Wrecker Reporting
20.
21.
22.
***Failure to provide an accurate and timely report or meet
the other requirements as specified in this Section shall be
cause for the application of Liquidated Damages in
accordance with Section 33.15
***Failure to cure by providing a missing report to the City
with seven (7) days after the City requests it, or repeated (at
least 3), failure to timely provide reports, or failure to
timely correct other failures that have been duly
communicated by the City Project Manager may result in
termination of the Contract for default. In some cases, an
onsite audit conducted by the City will determine
compliance.
Service Provider shall maintain an antivirus software
program with automatic virus signature updates on each
computer storing the CMPD software or database
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23.
24.
25.
26.
27.
28.
Service Provider is required to have Microsoft Office
Professional 2003 installed on at least one computer in
order to facilitate reporting and maintenance functions. A
newer version of this software may be required during the
term of the Contract at the direction of the City.
***The Service Provider shall use such computer system to
store and report to the City all information that is required.
***The Service Provider shall make a reasonable,
independent effort to ascertain the correct VIN of Motor
Vehicles it tows or stores.
***To the extent that the required information cannot be
reasonably obtained by the Service Provider, the Service
Provider shall not be liable for a failure to report such
information.
***In the event of a failure with the Service Provider’s
internet connection, a hardware failure, and other
reasonable interruptions; these reporting requirements may
be waived or time for compliance extended at the discretion
of the City Project Manager, if the Service Provider has
notified the City Project Manager within eight (8) hours of
the commencement of the interruption.
***The Service Provider will provide the City with an
electronic report of each Motor Vehicle it tows and for any
Motor Vehicle that the Service Provider stores, regardless
of for whom, or by whom the Motor Vehicle was towed,
moved, and/or stored. This reporting requirement applies to
any Motor Vehicle not owned by the Service Provider that
is towed or stored by the Service Provider.
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29.
*** The Service Provider will provide the City with an
accurate electronic report of each Motor Vehicle it tows
and for any Motor Vehicle that the Service Provider stores,
regardless of for whom, or by whom the Motor Vehicle was
towed, moved, and/or stored. This reporting requirement
applies to any Motor Vehicle not owned by the Service
Provider that is towed or stored by the Service Provider. If
the Service Provider owns more than one storage lot, this
reporting requirement applies to any Motor Vehicle not
owned by the Service Provider that is towed or stored by
the Service Provider on all storage lots. Per Section 3.2.5.1
of this RFP, the Service Provider is allowed only one (1)
Storage Lot for the storage of all tows associated with the
Contract.
30.
***The Service Provider shall report all Motor Vehicles
towed to or stored on a lot to CMPD using the CMPD
provided software, including the release of those Motor
Vehicles, regardless of who requested the tow or storage of
the Motor Vehicle. This reporting requirement applies to
ALL tows including non-City tows and regardless of
who requests the tow.
31.
***In the event the Vehicle Owner requests their Motor
Vehicle to be towed to a location different than the Division
Wrecker Service’s Service Provider storage lot, that Motor
Vehicle shall be considered released to the Vehicle Owner
when it is left at such other location and the Service
Provider report shall include the fact of release.
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32.
33.
34.
35.
36.
37.
***The daily report shall be in such computerized form as
is specified by the City Project Manager and shall be
transmitted to the City Project Manager electronically using
the CMPD provided computer software for the
administration and reporting of towed Motor Vehicle
information.
***The CMPD will provide the computer software at no
cost to the Service Provider.
***If the CMPD police officer does not enter a time on the
Tow-In and Storage Report Form, the Service Provider
shall report the time the Wrecker Driver left the scene, as
accurately as possible.
***The information listed in Section 3.2.11.1 shall be
transmitted to the City Project Manager no later than four
(4) hours from the time the Motor Vehicle is towed from
the scene in the case of Motor Vehicles that are towed to
the Service Provider’s facility and eight (8) hours from the
time the Motor Vehicle is towed from the scene in the case
of Motor Vehicles that are NOT towed to the Service
Provider’s facility.
***In the case of Motor Vehicles that are not towed by the
Service Provider, but are accepted for storage, the
information listed above shall be transmitted to the City
Project Manager no later than four (4) hours from the time
the Motor Vehicle is accepted for storage by the Service
Provider.
***The Service Provider shall report the release, or
acquisition of title, of any Motor Vehicle from the Service
Provider’s facility within two (2) hours of such release or
title acquisition by the Service Provider.
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***Weekly Reporting - A daily “Unmatched” report is
transmitted by the CMPD using the software interface. The
Service Provider must resolve Unmatched reports in a
38.
timely manner so that no item goes unresolved for more
than seven (7) days from the time it first appears on the
daily unmatched report.
***Perform a weekly data backup of all electronic
39. information on removable backup media that is rotated
offsite.
***Monthly Reporting - The Service Provider shall, by the
tenth (10th) calendar day of each month, provide payment
to the CMPD and CDOT Points of Contact for the previous
month’s dispatch/authorization fees. The payment must be
40.
attached to a paper report showing all of the tows
/dispatches for which payment is being made. The
computer software provided by CMPD will be used to
produce the paper report.
Section 3.3 Fleet Towing Services
41. Operating Requirements listed in Section 3.3.1
Section 3.3.2 Fleet Towing Reporting
42. Requirements listed in Section 3.3.2
Section 3.3.3 Fleet Towing Miscellaneous Requirements
43. Requirements listed in Section 3.3.3
Section 3.4 Equipment Condition and Capacity Requirements
44 All Equipment requirements described in Section 3.4
Section 3.5 – Pricing
***Provide Fleet Towing pricing based on the
45
requirements and terms set forth in this RFP on Form 4A.
***The maximum fees that Service Providers may charge
46 to all Vehicle Owners for Division Wrecker Services set
forth in Section 7, Form 4B.
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47
48
49
50
***Division Wrecker Service Providers will not assess any
fees or other charges (including but not limited to
cancellation fees) to Vehicle Owners or to the City except
for the charges specifically authorized in Section 3.3.5.2.
***Unclaimed Motor Vehicles may become the possession
of the Division Wrecker Service Provider under the
procedures established by North Carolina law. The Service
Provider may apply for ownership and disposal of
unclaimed Motor Vehicles as allowed by North Carolina
law. The City will not be responsible for any charges
associated with Unclaimed Motor Vehicles.
***The Division Wrecker Service Provider shall not charge
the Vehicle Owner for any Division Wrecker Services
other than: (a) storage; (b) additional Special Services
being performed by the Service Provider at the direction
and approval of the Vehicle Owner; and (c) if the Division
Wrecker Service Provider files for title, the reasonable fees
for the legal paperwork associated with filing for title of
Motor Vehicles with the State of North Carolina or other
governmental authority.
***If the Vehicle Owner chooses to have the Motor
Vehicle towed by another towing company from the
Division Wrecker Service Provider’s storage facility, the
Service Provider must either allow the other towing
company on the Storage Lot or move the Motor Vehicle to
the edge of the Division Wrecker Service Provider’s
Storage Lot, at no additional cost, to a location that can be
easily accessed by the other towing company.
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51
52
53
54
***The Division Wrecker Service Provider shall not charge
a Vehicle Owner for the cost of Basic Towing Services or
Special Services unless the Division Wrecker Service
Provider has made physical contact with the Motor Vehicle
in question to the point where it is physically impossible
for the Motor Vehicle to be driven away. The act of
touching the Motor Vehicle or merely responding to the
scene of a requested tow does not entitle the Division
Wrecker Service Provider to be paid the cost of Basic
Towing Services.
***The Division Wrecker Service Provider shall not charge
a Vehicle Owner for any Special Services that were not
reasonably necessary to safely tow and store the Motor
Vehicle unless the Division Wrecker Service Provider can
document that the Special Services were approved or
requested by the Vehicle Owner.
***All charges relating to Division Wrecker Services shall
be payable solely by the Vehicle Owner, except as
specifically set forth in this Section. The only times the
City will be responsible for charges relating to any Division
Wrecker Services outlined in this RFP are if the City
requests that the Service Provider tow an Asset Forfeiture
Vehicle or Evidence Hold Vehicle. In such cases, the City
will pay the Service Provider in accordance with the rates
outlined in Section 7 Form 4B.
***Unless the CMPD provides contrary instructions in
a specific situation, all Asset Forfeiture Vehicles and
Evidence Hold Vehicles shall be towed directly to the
CMPD Impound Lot located at Byrum Drive.
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55
56
57
***The only instance where the City will pay the Division
Wrecker Service Provider for storage occurs when the
CMPD police officer specifically directs the Service
Provider in writing to tow an Asset Forfeiture Vehicle or
Evidence Hold Vehicle to the Service Provider Storage Lot.
***In order for the Division Wrecker Service Provider
to collect payment from the City for storage in this case,
the Division Wrecker Service Provider must provide
written authorization by the CMPD police officer
specifically directing the Division Wrecker Service
Provider to tow the Motor Vehicle to the Service
Provider Storage Lot.
*** The City Project Manager may in other instances
voluntarily agree to pay for changes relating to Services
(such as in a situation where the City requested a Motor
Vehicle be towed by mistake or where the Vehicle Owner
is the innocent victim of the crime.) However: (i) no such
commitments by the City’s Point of Contact shall be
binding unless in writing and signed by the City, with a
specific reference to the date, Motor Vehicle, and reason
the City is agreeing to pay the charges; and (ii) the fact that
the City voluntarily agrees to pay certain charges in a
particular situation shall not be construed as a contract on
the part of the City to cover similar charges in any similar
situation, past, present, or future.
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***Regarding invoice to the Vehicle Owner: The Division
Wrecker Service Provider is required to present the Vehicle
Owner with either a receipt for Wrecker Services (itemized
to show each part of the total fee charged by the Service
Provider, including each type of Special Services or storage
fees) or an invoice for Wrecker Services; OR
58
59
The Division Wrecker Service Provider is required to
present the insurance companies representing Vehicle
Owners with an invoice for Wrecker Services; AND
Invoices submitted to the Vehicle Owners or presented to
insurance companies representing Vehicle Owners must be
itemized to show each part of the total fee charged by the
Division Wrecker Service Provider, including each type of
Special Services or storage fees that were required with
each individual charge as a separate line item.
***Regarding invoice to the City: The City shall not be
required to pay for any Service that is not invoiced to the
City (complete with all required documentation and proof
of delivery) within sixty (60) days of the date such Service
was performed. For instance, if the City asked the Service
Provider in writing to tow and store an Asset Forfeiture
Vehicle, the Division Wrecker Service Provider shall
invoice the City within sixty (60) days of the initial tow,
and every sixty (60) or less days thereafter until the Motor
Vehicle is released by the City. (The preceding example is
not intended to imply that the City will pay storage charges
on a regular basis. It is unlikely that the City will ever owe
storage charges under the Contract because it is anticipated
that all Asset Forfeiture and Evidence Hold Vehicles will
be stored at the CMPD Impound Lot.).
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60
61
62
63
64
65
***CDOT/Park It! shall not be required to pay for any
Division Wrecker Service that is not invoiced to
CDOT/Park It! (complete with all required documentation)
within fourteen (14) days of the date such Service was
performed.
***Invoicing for the City shall meet the requirements set
forth in Section 4.4 of the Sample Contract, as well as
Exhibits C, D and E. This is for both Division Wrecker and
Fleet Towing Services.
***The City will pay all accurate, properly submitted,
uncontested invoices within forty-five (45) days of receipt.
Invoices must be separated for charges of different types.
(For Example: Invoices for payment of CED Motor
Vehicles should not be combined with CMPD Asset
Forfeiture Vehicle tows.)
***The City will make no payment to any Service Provider
that has not submitted current reports and payments due to
the City.
***The Division Wrecker Service Provider shall be
deemed to have engaged in a “Billing Violation” if it: a)
charges a Vehicle Owner, the City or the City’s Authorized
Agent more than allowed under the terms of the Contract;
or b) charges a Vehicle Owner, the City or the City’s
Authorized Agent for Services not actually performed.
***If the City determines that the Division Wrecker
Service Provider engaged in a Billing Violation, the City
shall be entitled to: a) assess Liquidated Damages in
accordance with Section 33.15 of the Sample Contract ;
and b) if there are more than two (2) violations of this
provision, terminate the Contract.
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Section 3.6 – Response Times
66
67
68
69
The Service Provider shall meet the criteria as describe in
Section 3.6.1 and 3.6.2.
The Service Provider shall provide on-call Services twentyfour (24) hours a day, seven (7) days per week, including
holidays as described in Section 3.3.6.1.1.
The Service Provider must be staffed with sufficient
numbers of qualified Wrecker Drivers are on the Service
Provider premises or on call at any given time to meet the
response times stated in this RFP.
***Illness, inability to contact qualified Wrecker Drivers,
out-of-service Wrecker Vehicles or other equipment and/or
inadequate equipment will not be accepted as justification
for delays in response to calls for Service or for access and
shall not be grounds for avoidance of possible Liquidated
Damages.
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REQUIRED FORM 6 – FINANCIAL RESOURCES DATA
RFP # 269-2015-052
Towing Services
Fill in the information requested in the table below. Use the information from the table to calculate Revenue Growth Percentages; Profitability
Percentages; Return on Assets; Leverage Ratio; Net Worth; Revenue Working Capital; Working Capital; and Liquidity Ratio. See page two of this
form for formulas and spaces to provide the requested calculations.
1
2011
A.
Total Revenues
B.
Net Income
C.
Total Assets
D.
Current Assets
E.
Total Liabilities
F.
Current Liabilities
G.
Equity
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2012
3
2013
76
4
2014
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Revenue Growth Percentages.
2011:
2012:
2013:
2014:
C.
B2/C2
B3/C3
B4/C4
B5/C5
C2 - E2 $
C3 - E3 $
C4 - E4 $
C5 - E5 $
__________%
__________%
__________%
__________%
__________
__________
__________
__________
2011:
2012:
2013:
2014:
D2 - F2 $
D3 - F3 $
D4 - F4 $
D5 - F5 $
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E2/G2
E3/G3
E4/G4
E5/G5
__________%
__________%
__________%
__________%
__________%
__________%
__________%
__________%
Revenue to Working Capital
2011:
2012:
2013:
2014:
H.
__________
__________
__________
__________
B2/A2
B3/A3
B4/A4
B5/A5
Leverage Ratio
2011:
2012:
2013:
2014:
F.
Working Capital
Profitability Percentages.
Return on Revenue
2011:
2012:
2013:
2014:
D.
Net Worth
2011:
2012:
2013:
2014:
G.
__________%
__________%
__________%
__________%
Return on Assets
2011:
2012:
2013:
2014:
E.
(A2-A1)/A1
(A3-A2)/A2
(A4-A3)/A3
(A5-A4)/A4
B.
A2/(D2 - F2)
A3/(D3 - F3)
A4/(D4 - F4)
A5/(D5 - F5)
__________%
__________%
__________%
__________%
Liquidity Ratio
2011:
2012:
2013:
2014:
D2/F2
D3/F3
D4/F4
D5/F5
77
__________%
__________%
__________%
__________%
Section 7
Required Forms
REQUIRED FORM 7 – SERVICE PROVIDER’S BACKGROUND RESPONSE
RFP # 269-2015-052
Towing Services
Service Providers must respond to all questions below. Please respond directly in this form, or
provide a supplemental response on separate paper, including the specific question Categories
and question #s for evaluation purposes.
Service Provider Name: ________________________________________________________
1. Where are your company’s corporate headquarters located?
2. How many years has your company provided the Services described in the RFP?
3. How many public sector clients does your company have?
4. Provide an overview and history of your company.
5. Provide a management organization chart of your overall company, showing director and
officer positions, names and the reporting structure.
6. Describe your company’s customer service philosophy and describe how it is
communicated and reinforced throughout the organization.
7. Describe your company’s approach to total quality management and describe your
company’s total quality plan.
8. Describe your company’s continuous improvement program and how your current
customers benefits from your service improvements.
9. Describe your company’s experiences in adapting to changing technologies.
10. Describe your company’s approach, policies, and experience with respect to deployment
of your personnel.
11. Identify some of your company’s clients similar to the City (e.g. similar in size,
complexity, location, type of organization, Services provided).
12. Describe your total company, including any parent companies, subsidiaries; affiliates and
other related entities, as well as the ownership structure, including any significant or
controlling equity holders.
13. Provide detailed information for the Division Wrecker Services business segments of
your company, showing the reporting structures within these segments and among these
segments and the overall organization.
14. Provide detailed information for the Fleet Towing Services business segments of your
company, showing the reporting structures within these segments and among these
segments and the overall organization.
15. Describe any organizational changes such as divestitures, acquisitions, or spin-offs
involving your Division Wrecker Services business segments that have occurred in the
last two (2) years, or are anticipated in the future. Include all appropriate organizational
charts.
16. If the Service Provider’s proposal submission will be from a team composed of more than
one (1) company or if any subcontractor will provide more than fifteen percent (15%) of
the Services, provide a description, which includes the teaming relationships, form of
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partnership, each team member’s contribution, and the experience of each team member,
which qualifies them to fulfill their responsibility. Provide descriptions and references for
the projects on which team members have previously collaborated.
17. Explain how your company ensures that personnel performing technical support services
are qualified and proficient.
18. Please provide information regarding the level of staffing at your organization’s facilities,
as well as the level of staffing at subcontractors’ facilities, if known.
19. What steps will your company take to ensure that the transition of Services run smoothly?
20. Describe the communications scheme that your company will use to keep the City
informed about the progress of these Services.
21. Describe the risks associated with this Contract. What contingencies have been built in to
migrate those risks?
22. Describe your security procedures to include physical plant, electronic data, hard copy
information, and employee security. Explain your point of accountability for all
components of the security process.
23. Describe how the Vehicle Owner will be made aware of all fees and/or charges imposed
by your organization.
24. Explain how a Vehicle Owner would contact your organization if a question arose about
Division Wrecker Services.
25. Describe how your organization would resolve any complaints by a Vehicle Owner about
damage to property or missing items from a Motor Vehicle.
26. State what, if any, certifications your organization requires for Wrecker Drivers.
27. Describe in detail your internal procedure(s) on how to perform a tow.
28. Describe the risks associated with providing the Services described in this RFP as well as
how your organization proposes to mitigate those risks.
29. Does the company specialize in any type of towing i.e. light Vehicles, heavy Vehicles or
Equipment? Please be specific when describing the specialization, including but not
limited to, any size or weight limitations and capacities.
30. Describe your organization’s plan for towing Motor Vehicles if all Wrecker Vehicles are
in use or unavailable to provide Services for the City. The Service Provider is required to
provide seamless Service to the City if their own personnel or equipment cannot meet the
City’s needs.
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REQUIRED FORM 8 – SERVICE PROVIDER OWNER CRIMINAL RECORDS CHECK
CONSENT
RFP # 269-2015-052
Towing Services
This form must be completed by all Service Provider owners with more than five percent (5%)
share in the business.
“I consent to allow the City of Charlotte to conduct a regional or nationwide criminal records
search.
Last Name:
_____________________________
First Name:
_____________________________
Middle Name:
_____________________________
Date of Birth:
_____________________________
_________________________________________________
Signature of Service Provider Owner
Do Not Disclose Except for the Purpose of Evaluating this Proposal
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REQUIRED FORM 9 – FINANCIAL INFORMATION RELEASE FORM
RFP # 269-2015-052
Towing Services
This form must be completed by the Service Provider in order to assist the City in performing the
financial review portion of the Proposal evaluations. This consent will allow the City’s Internal
Audit department to discuss financial information with the Service Provider’s accountant and
grant power of attorney to allow the City to secure information from the IRS, whichever is
applicable and appropriate.
I consent to allow the City’s Internal Audit Department (IA) to contact either of the
following, as may be deemed appropriate by IA, in review of the financials
submitted in response to this RFP and only as a part of the evaluation associated
with this RFP.
CPA:
Company Name:
_____________________________
Contact Name:
_____________________________
Phone Number:
_____________________________
IRS:
Company EIN: ________________________________
_________________________________________________
Signature of Service Provider
Do Not Disclose Except for the Purpose of Evaluating this Proposal
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REQUIRED FORM 10 - PROPOSAL CERTIFICATION
RFP # 269-2015-052
Towing Services
SERVICE PROVIDER: __________________________________________________
The undersigned Service Provider hereby certifies and agrees that the following information is
correct:
1.
In preparing its proposal, the Service Provider has considered all proposals
submitted from qualified, potential subcontractors and suppliers; and has not
engaged in or condoned prohibited discrimination.
2.
For purposes of this section, prohibited discrimination means discrimination
against any person, business or other entity in contracting or purchasing practices
on the basis of race, color, sex, or national origin. Without limiting the foregoing,
prohibited discrimination also includes retaliating against any person, business or
other entity for reporting any incident of prohibited discrimination.
3.
Without limiting any other provision of the solicitation for proposals on this
project, it is understood and agreed that, if this certification is false, such false
certification will constitute grounds for the City to reject the bid submitted by the
Bidder on this Project and to terminate any contract awarded based on such bid.
4.
As a condition of contracting with the City, the Service Provider agrees to
maintain documentation sufficient to demonstrate that it has not discriminated in
its solicitation or selection of subcontractors. The Service Provider further agrees
to promptly provide to the City all information and documentation that may be
requested by the City from time to time regarding the solicitation and selection of
subcontractors. Failure to maintain or failure to provide such information
constitutes grounds for the City to reject the bid submitted by the Service
Provider or terminate any contract awarded on such bid.
________________________________________________
NAME OF FIRM
BY:______________________________________
SIGNATURE OF AUTHORIZED OFFICIAL
______________________________________
TITLE
TOWING SERVICES
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REQUIRED FORM 11 – MWSBE SUBCONTRACTOR UTILIZATION
RFP # 269-2015-052
Towing Services
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting
and procurement process when there are viable subcontracting opportunities.
Service Providers must submit this form with their proposal outlining any supplies and/or
services to be provided by each City certified Small Business Enterprise (SBE), and/or City
registered Minority Business Enterprise (MBE), and Woman Business Enterprise (WBE) for the
Contract. If the Service Provider is a City-registered MWSBE this should be noted on this form.
The City recommends you to exhaust all efforts when identifying potential MWSBEs to
participate on this RFP.
Company Name:
Please indicate if your company is any of the following:
____ MBE
____WBE
____SBE
____ None of the above
If you company has been certified with any of the agencies affiliated with the designations above
as defined in Section 1.2, indicate which agency, the effective and expiration date of that
certification below:
Agency Certifying: _______________ Effective Date: _______ Expiration Date: _______
Identify outreach efforts that were employed by the firm to maximize inclusion of MWSBEs to be
submitted with the firm’s proposal (attached additional sheets if needed):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Identify outreach efforts that will be employed by the firm to maximize inclusion during the
contract period of the Project (attach additional sheets if needed):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
[Form continues on next page]
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List below all MWSBEs that you intend to use on this Contract.
Subcontractor Name
Description of work or
materials
Indicate either “M”,
“S”, and/or “W”
Total MBE Utilization
Total WBE Utilization
Total SBE Utilization
Aggregate MWSBE Utilization
City Vendor #
%
%
%
%
_______________
Date
_____________________________
Name of Company
_____________________________
Estimated Total Contract Value
_____________________________
Name, Title and Signature
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REQUIRED FORM 12 – REFERENCES
RFP # 269-2015-052
Towing Services
Reference 1
Company Name
Contact Name
Phone Number
Email Address
Reference 2
Company Name
Contact Name
Phone Number
Email Address
Reference 3
Company Name
Contact Name
Phone Number
Email Address
Reference 4
Company Name
Contact Name
Phone Number
Email Address
Reference 5
Company Name
Contact Name
Phone Number
Email Address
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REQUIRED FORM 13 – EQUIPMENT LIST
RFP # 269-2015-052
Towing Services
Service Providers shall indicate below each piece of equipment they intend to use to provide the
Services along with the quantity of each type of equipment and the towing capacity. Additional
lines or pages may be added to this table as needed.
Vehicle Description
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Quantity
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Towing
Capacity
Model
Year
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EXHIBIT A – SAMPLE CITY CONTRACT
As used in this Section of the RFP, the term “Contract” shall refer to the agreement entered into
between the City and the successful Service Provider, and the term “Company” shall refer to the
successful Service Provider.
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP # 269-2015-052) for Towing
Services dated April 10, 2015. This Request for Proposals together with all attachments and
addenda, is referred to herein as the “RFP”; and
WHEREAS, the City desires that the Company provide certain Towing Services (“Services”),
and the Company desires to provide such Services; and
WHEREAS, the City and the Company have negotiated and agreed regarding the abovereferenced Services and desire to reduce the terms and conditions of their agreement to this
written form.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, and in further consideration of the covenants and representations
contained herein, the parties agree as follows:
CONTRACT
1.
2.
EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In
interpreting this Contract and resolving any ambiguities, the main body of this Contract will
take precedence over the Exhibits, and any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below. Each reference to COMPANY
NAME in the Exhibits and Appendices shall be deemed to mean the Company.
1.1.
EXHIBIT A:
PRICE SCHEDULE
1.2.
EXHIBIT B:
SCOPE OF WORK
1.3.
EXHIBIT C:
CMPD SCOPE OF SERVICES
1.4.
EXHIBIT D:
CDOT SCOPE OF SERVICES
1.5.
EXHIBIT E:
CED SCOPE OF SERVICES
1.6.
EXHIBIT F:
WRECKER DIVISION MAP
1.7.
EXHIBIT G:
SAMPLE TOWN-IN AND STORAGE REPORT FORM
1.8.
EXHIBIT H:
SAMPLE CDOT/PART IT! RECEIPT
1.9.
EXHIBIT I:
SAMPLE CDOT TOW NOTICE STICKER
1.10.
EXHIBIT J:
SAMPLE SOFTWARE SCREENS
1.11.
EXHIBIT K:
SAMPLE CDOT/PARK IT! WRECKER SPREADSHEET
1.12.
EXHIBIT L:
NORTH CAROLINA GENERAL STATUTES AND
CHARLOTTE CODE REFERENCE LIST
DEFINITIONS.
This section shall include, but not be limited to, all terms defined in Section 1 of the RFP.
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3.
DESCRIPTION OF SERVICES.
3.1.
The Company shall be responsible for providing the Services described in Exhibit B
attached to this Contract and incorporated herein by reference. Without limiting the
foregoing, the Company will perform the Services and meet the requirements as set
forth in Exhibit B. However, the Company shall not be responsible for tasks
specifically assigned to the City in this Contract or in Exhibit B.
4.
COMPENSATION.
4.1.
TOTAL FEES AND CHARGES.
The City agrees to pay the Company at the fixed rates detailed in Exhibit A as full
and complete consideration for the satisfactory performance of all the requirements
of this Contract. This amount constitutes the maximum total fees and charges payable
to the Company under this Contract including Expenses and will not be increased
except by a written instrument duly executed by both parties, which expressly states
that it amends this Section of the Contract.
4.2.
NO EXPENSES CHARGEABLE.
The Company shall not be entitled to charge the City for any travel, mileage, meals,
materials or other costs or expenses associated with this Contract.
4.3.
EMPLOYMENT TAXES AND EMPLOYEE BENEFITS.
The Company represents and warrants that the employees provided by the Company
to perform the Services (“Consultants”) are actual employees of the Company, and
that the Company shall be responsible for providing all salary and other applicable
benefits to each Consultant. The Company further represents, warrants and covenants
that it will pay all withholding tax, social security, Medicare, unemployment tax,
worker’s compensation and other payments and deductions that are required by law
for each Consultant. The Company agrees that the Consultants are not employees of
the City.
4.4.
INVOICES.
4.4.1.
Each invoice sent by the Company shall detail all Services performed and
delivered which are necessary to entitle the Company to the requested
payment under the terms of this Contract. All invoices must include the City
purchase order number as well as match the lines listed on the purchase
order.
4.4.2.
The Company shall email all invoices to [email protected] with
Accounts Payable (or AP) in the subject line.
Invoices that are addressed directly to City departments and not to Accounts
Payable may not be handled as quickly as invoices that are addressed
correctly.
4.4.3.
Fleet Towing Invoicing
Invoicing shall be accomplished on a Summary Invoice basis and provided to
each Fleet Management Facility Location on a daily basis. Invoices shall be
detailed indicating the following:
Summary Invoice:
Header
• Invoice numbers shall be sequential and shall not be duplicated
during the life of this Agreement.
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•
•
•
•
•
•
Invoice Date
Name of Fleet Management Facility requesting service.
City’s payment method number (Purchase Order)
Service Providers City vendor number
Service Providers City contract number
Service Providers Payment Remit to Address
Detail
• Quantity
• Fleet Management Job/Work order Number
• Rate/Amount/Extended Amount per row
• Service Request date
• Service call location
• Service call delivery location
• City’s Identification number of the Vehicle being towed.
• Tow or Service category
• Any damage to or on the Vehicle.
• Signature of City employee at location where the Vehicle is towed
(must be legible).
• After hours, invoice must be left in drop box at shop location with a
description of the problem (if known)
• Signature of the driver and Company’s Vehicle number is required.
NOTICE: A copy of a call ticket or other instrument with call detail
information shall be provided to the Fleet Management Facility that requests
the Service, at the time and point of Service delivery. The only exception to
this process will be on-site Service provided after scheduled work hours. The
Company will “drop off” the equipment and Vehicle keys in a designated
area to be determined by Fleet Management. Reference Exhibit A, Section
1.11 (a). Any additional contact information detail will be provided by the
City.
a. All credit statements and refund transactions must be processed within
five (5) business days. Credit statements should include original
statement invoice number as a reference.
b. Failure to comply with or properly execute this invoicing procedure may
delay payment and may be grounds to terminate this Agreement at the
discretion of the City.
c. Invoices for towing of ARD Vehicles and Equipment will be processed
and submitted in the same manner/sequence as all other facilities listed in
Exhibit A, Section 1.13.
d. The Company shall provide daily the original towing summary invoice to
the originating Fleet Management Facility by email AND the City of
Charlotte Finance/Accounts Payable by email to [email protected]
i.
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RFP# 269-2015-052
The City will pay undisputed, properly submitted invoices within
thirty (30) days after the receipt of the Company’s invoice (the "Due
Date"), provided that the invoice has been submitted at the
appropriate time as authorized in Exhibit A.
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ii.
As a condition of payment, the Company must invoice the City for
Services within 60 days after such Services are performed. The
Company Waives the right to charge the City for any Services that
have not been invoiced within sixty (60) of performance of the
Services
4.5.
ARD Invoices
In addition to emailing invoices to [email protected], invoices for the ARD
transactions should either be e-mailed to [email protected].
4.6.
DUE DATE OF INVOICES.
Payment of invoices shall be due within thirty- (30) days after receipt of an accurate,
undisputed properly submitted invoice by the City.
4.7.
PRE-CONTRACT COSTS.
The City shall not be charged for any Services or other work performed by the
Company prior to the Effective Date of this Contract.
4.8.
AUDIT.
During the term of this Contract and for a period of one (1) year after termination of
this Contract, the City shall have the right to audit, either itself or through an
independent auditor, all books and records and facilities of the Company necessary to
evaluate Company’s compliance with the terms and conditions of this Contract or the
City’s payment obligations. The City shall pay its own expenses, relating to such
audits, but shall not have to pay any expenses or additional costs of the Company.
However, if non-compliance is found that would have cost the City in excess of
$10,000 but for the audit, then the Company shall be required to reimburse the City
for the cost of the audit.
5.
RECORDS.
The Company shall be responsible for keeping a record that accurately states the type of
Service performed. The City shall have the right to audit the Company’s invoices, expense
reports and other documents relating to the Services performed under the Contract, and shall
not be required to pay for Services which did not occur, or which occurred in breach of the
Contract. The Company shall make such documents available for inspection and copying by
the City in Charlotte, North Carolina between the hours of 9:00 a.m. to 5:00 p.m. Monday
through Friday, whenever requested by the City.
6.
TIME IS OF THE ESSENCE.
Time is of the essence in having the Company perform all Services and deliver all
Deliverables within the time frames provided by this Contract and Exhibit A, including all
completion dates, response times and resolution times (the “Completion Dates”). Except as
specifically stated in this Contract, there shall be no extensions of the Completion Dates. All
references to days in this Contract (including the Exhibits) shall refer to calendar days rather
than business days, unless this Contract provides otherwise for a specific situation.
7.
NON-APPROPRIATION OF FUNDS.
If the Charlotte City Council does not appropriate the funding needed by the City to make
payments under this Contract for any given fiscal year, the City will not be obligated to pay
amounts due beyond the end of the last fiscal year for which funds were appropriated. In such
event, the City will promptly notify the Company of the non-appropriation and this Contract
will be terminated at the end of the fiscal year for which the funds were appropriated. No act
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or omission by the City, which is attributable to non-appropriation of funds shall constitute a
breach of or default under this Contract.
8.
9.
COMPANY PROJECT MANAGER.
The duties of the Company Project Manager include, but are not limited to:
8.1.
Coordination of Project schedules and the Company’s resource assignment based
upon the City’s requirements and schedule constraints;
8.2.
Management of the overall Project by monitoring and reporting on the status of the
Project and actual versus projected progress, and by consulting with the City’s
Project Manager when deviations occur and by documenting all such deviations in
accordance with agreed upon change control procedures;
8.3.
Provision of consultation and advice to the City on matters related to Project
implementation strategies, key decisions and approaches, and Project operational
concerns/issues and acting as a conduit to the Company’s specialist resources that
may be needed to supplement the Company’s normal implementation staff;
8.4.
Acting as the Company’s point of contact for all aspects of contract administration,
including invoicing for Services, and status reporting;
8.5.
Facilitation of review meetings and conferences between the City and the Company’s
executives when scheduled or requested by the City;
8.6.
Communication among and between the City and the Company’s staff;
8.7.
Promptly responding to the City Project Manager when consulted in writing or by Email with respect to Project deviations and necessary documentation;
8.8.
Identifying and providing the City with timely written notice of all issues that may
threaten the Company’s Services in the manner contemplated by the Contract (with
“timely” meaning immediately after the Company becomes aware of them);
8.9.
Ensuring that adequate quality assurance procedures are in place through the Project;
and
8.10.
Meeting with other service providers working on City projects that relate to this
effort as necessary to resolve problems and coordinate the Services.
CITY PROJECT MANAGER.
The duties of the City Project Manager are to (1) ensure that the Company delivers all
requirements and specifications in the Contract; (2) coordinate the City’s resource assignment
as required to fulfill the City’s obligations pursuant to the Contract; (3) promptly respond to
the Company Project Manager when consulted in writing or by E-mail with respect to project
issues; and (4) act as the City’s point of contact for all aspects of the Project including
contract administration and coordination of communication with the City’s staff. The City
shall be allowed to change staffing for the City Project Manager position on one (1) business
days’ notice to the Company.
10. DUTY
OF COMPANY TO IDENTIFY AND REQUEST INFORMATION,
PERSONNEL AND FACILITIES.
The Company shall identify and request in writing from the City in a timely manner: (i) all
information reasonably required by the Company to perform each task comprising the
Services, (ii) the City’s personnel whose presence or assistance reasonably may be required
by the Company to perform each task comprising the Services, and (iii) any other equipment,
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facility or resource reasonably required by the Company to perform the Services.
Notwithstanding the foregoing, the Company shall not be entitled to request that the City
provide information, personnel or facilities other than those that Exhibit A specifically
requires the City to provide, unless the City can do so at no significant cost. The Company
shall not be relieved of any failure to perform under this Contract by virtue of the City’s
failure to provide any information, personnel, equipment, facilities or resources: (i) that the
Company failed to identify and request in writing from the City pursuant to this Section; or
(ii) that the City is not required to provide pursuant to this Contract. In the event the City fails
to provide any information, personnel, facility or resource that it is required to provide under
this Section, the Company shall notify the City in writing immediately in accordance with the
notice provision of this Contract. Failure to do so shall constitute a waiver by Company of
any claim or defense it may otherwise have based on the City’s failure to provide such
information, personnel, facility or resource.
11. COMPANY PERSONNEL REMOVAL, REPLACEMENT, PROMOTION, ETC.
11.1.
The City will have the right to require the removal and replacement of any personnel
of the Company or the Company’s subcontractors who are assigned to provide
Services to the City based on experience, qualifications, performance, conduct,
compatibility, and violation of City policy or any other reasonable grounds. The
addition or promotion of any personnel to key positions within the Project must be
approved by the City in writing. The Company will replace any personnel that leave
the Project, with persons having at least equivalent qualifications who are approved
by the City in writing.
11.2.
As used in this Contract, the “personnel” includes all staff provided by the Company
or its subcontractors.
12. BACKGROUND CHECKS.
Prior to starting work under this Contract, the Company is required to conduct a background
check on each Company employee assigned to work under this Contract, and shall require its
subcontractors (if any) to perform a background check on each of their employees assigned to
work under this Contract (collectively, the “Background Checks”). Each Background Check
must include: (a) the person’s criminal conviction record from the states and counties where
the person lives or has lived in the past seven (7) years; and (b) a reference check.
After starting work under this Contract, the Company is required to perform a Background
Check for each new Company employee assigned to work under this Contract during that
year, and shall require its subcontractors (if any) to do the same for each of their employees.
If the Company undertakes a new project under this Contract, then prior to commencing
performance of the project the Company shall perform a Background Check for each
Company employee assigned to work on the project, and shall require its subcontractors (if
any) to do the same for each of their employees.
If a person’s duties under this Contract fall within the categories described below, the
Background Checks that the Company will be required to perform (and to have its
subcontractors perform) shall also include the following additional investigation:
•
If the job duties require driving: A motor vehicle records check.
The Company must follow all State and Federal laws when conducting Background Checks,
including but not limited to the Fair Credit Reporting Act requirements, and shall require its
subcontractors to do the same.
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The Company shall notify the City of any information discovered in the Background Checks
that may be of potential concern for any reason.
The City may conduct its own background checks on principals of the Company as the City
deems appropriate. By operation of the public records law, background checks conducted by
the City are subject to public review upon request.
13. NON-EXCLUSIVITY.
The Company acknowledges that it is one of several providers of Professional Services to the
City and the City does not represent that it is obligated to contract with the Company for any
particular project.
14. EACH PARTY TO BEAR ITS OWN NEGOTIATION COSTS.
Each party shall bear its own cost of negotiating this Contract and developing the exhibits.
The City shall not be charged for any Services or other work performed by the Company
prior to the Effective Date.
15. REPRESENTATIONS AND WARRANTIES OF COMPANY.
15.1.
GENERAL WARRANTIES.
15.1.1. The Services shall satisfy all requirements set forth in the Contract, including
but not limited to the attached Exhibits;
15.2.
15.1.2.
The Services provided by the Company under the Contract will not infringe
or misappropriate any patent, copyright, trademark, or trade secret rights of
any third party;
15.1.3.
The Company has taken and will continue to take sufficient precautions to
ensure that it will not be prevented from performing all or part of its
obligations under the Contract by virtue of interruptions in the computer
systems used by the Company;
15.1.4.
All Services performed by the Company and/or its subcontractors pursuant to
this Contract shall meet the highest industry standards and shall be performed
in a professional and workmanlike manner by staff with the necessary skills,
experience and knowledge;
15.1.5.
Neither the Services, nor any Deliverables provided by the Company under
this Contract will infringe or misappropriate any patent, copyright, trademark
or trade secret rights of any third party;
15.1.6.
The Company and each Consultant provided by the Company to the City
shall have the qualifications, skills and experience necessary to perform the
Services described or referenced in Exhibit B;
15.1.7.
All information provided by the Company about each Consultant is accurate;
and
15.1.8.
Each Consultant is an employee of the Company, and the Company shall
make all payments and withholdings required for by law for the Company for
such Consultant.
ADDITIONAL WARRANTIES.
The Company further represents and warrants that:
15.2.1.
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It is a legal entity and if incorporated, duly incorporated, validly existing and
in good standing under the laws of the state of its incorporation or licensing
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and is qualified to do business in North Carolina;
15.2.2.
It has all the requisite corporate power and authority to execute, deliver and
perform its obligations under this Contract;
15.2.3.
The execution, delivery, and performance of this Contract have been duly
authorized by the Company;
15.2.4.
No approval, authorization or consent of any governmental or regulatory
authority is required to be obtained or made by it in order for it to enter into
and perform its obligations under this Contract;
15.2.5.
In connection with its obligations under this Contract, it shall comply with all
applicable federal, state and local laws and regulations and shall obtain all
applicable permits and licenses; and
15.2.6.
The performance of this Contract by the Company and each Consultant
provided by the Company will not violate any contracts or agreements with
third parties or any third party rights (including but not limited to noncompete agreements, non-disclosure agreements, patents, trademarks or
intellectual property rights).
16. OTHER OBLIGATIONS OF THE COMPANY.
16.1.
WORK ON CITY’S PREMISES.
The Company and all Consultants will, whenever on the City's premises, obey all
instructions and City policies that are provided to them with respect to performing
Services on the City’s premises.
16.2.
RESPECTFUL AND COURTEOUS BEHAVIOR.
The Company shall assure that its employees interact with City employees and with
the public in a courteous, helpful and impartial manner. All employees of the
Company in both field and office shall refrain from belligerent behavior and/or
profanity. Correction of any such behavior and language shall be the responsibility of
the Company.
16.3.
REPAIR OR REPLACEMENT OF DAMAGE EQUIPMENT OR FACILITIES.
In the event that the Company causes damage to the City’s equipment or facilities,
the Company shall, at its own expense, promptly repair or replace such damaged
items to restore them to the same level of functionality that they possessed prior to
the Company’s action.
16.4.
REGENERATION OF LOST OR DAMAGED DATA.
With respect to any data that the Company or any Consultants have negligently lost
or negligently damaged, the Company shall, at its own expense, promptly replace or
regenerate such data from the City's machine-readable supporting material, or obtain,
at the Company's own expense, a new machine-readable copy of lost or damaged
data from the City’s data sources.
17. REMEDIES.
17.1.
RIGHT TO COVER.
If the Company fails to meet any completion date or resolution time set forth in this
Contract (including the Exhibits) or the Project Plan, the City may take any of the
following actions with or without terminating this Contract, and in addition to and
without limiting any other remedies it may have:
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a. Employ such means as it may deem advisable and appropriate to perform itself or
obtain the Services from a third party until the matter is resolved and the
Company is again able to resume performance under this Contract; and
b. Deduct any and all expenses incurred by the City in obtaining or performing the
Services from any money then due or to become due the Company and, should
the City’s cost of obtaining or performing the services exceed the amount due the
Company, collect the amount due from the Company.
17.2.
RIGHT TO WITHHOLD PAYMENT.
If the Company breaches any provision of this Contract, the City shall have a right to
withhold all payments due to the Company until such breach has been fully cured.
17.3.
SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF.
The Company agrees that monetary damages are not an adequate remedy for the
Company’s failure to provide the Services or Deliverables as required by this
Contract, nor could monetary damages be the equivalent of the performance of such
obligation. Accordingly, the Company hereby consents to an order granting specific
performance of such obligations of the Company in a court of competent jurisdiction
within the State of North Carolina. The Company further consents to the City
obtaining injunctive relief (including a temporary restraining order) to assure
performance in the event the Company breaches the Contract.
17.4.
SETOFF.
Each party shall be entitled to setoff and deduct from any amounts owed to the other
party pursuant to this Contract all damages and expenses incurred or reasonably
anticipated as a result of the other party’s breach of this Contract.
17.5.
OTHER REMEDIES.
Upon breach of this Contract, each party may seek all legal and equitable remedies to
which it is entitled. The remedies set forth herein shall be deemed cumulative and not
exclusive and may be exercised successively or concurrently, in addition to any other
available remedy.
18. TERM AND TERMINATION OF CONTRACT.
18.1.
TERM.
A. The Contract for Division Wrecker Services shall commence on the Effective
Date and shall continue in effect for five (5) years with the City having the
unilateral right to renew for two (2) consecutive one (1) year terms.
B. The Contract for Fleet Towing shall commence on the Effective Date and shall
continue in effect for three (3) years with the City having the unilateral right to
renew for two (2) consecutive one (1) year terms.
18.2.
TERMINATION BY THE CITY.
The City may terminate the Contract at any time without cause by giving thirty (30)
days prior written notice to the Company. As soon as practicable after receipt of a
written notice of termination without cause, Company shall submit a statement to the
City showing in detail the Services performed under this Contract through the date of
termination. The forgoing payment obligation is contingent upon: (i) the Company
having fully complied with Section 18.8; and (ii) the Company having provided the
City with written documentation reasonably adequate to verify the number of hours
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of Services rendered by each Consultant through the termination date and the
percentage of completion of each task.
18.3.
TERMINATION FOR DEFAULT BY EITHER PARTY.
By giving written notice to the other party, either party may terminate the Contract
upon the occurrence of one or more of the following events:
a. The other party violates or fails to perform any covenant, provision, obligation,
term or condition contained in the Contract, provided that, unless otherwise
stated in the Contract, such failure or violation shall not be cause for termination
if both of the following conditions are satisfied: (i) such default is reasonably
susceptible to cure; and (ii) the other party cures such default within thirty (30)
days of receipt of written notice of default from the non-defaulting party; or
b. The other party attempts to assign, terminate or cancel the Contract contrary to
the terms hereof; or
c. The other party ceases to do business as a going concern, makes an assignment
for the benefit of creditors, admits in writing its inability to pay debts as they
become due, files a petition in bankruptcy or has an involuntary bankruptcy
petition filed against it (except in connection with a reorganization under which
the business of such party is continued and performance of all its obligations
under the Contract shall continue), or if a receiver, trustee or liquidator is
appointed for it or any substantial part of other party’s assets or properties.
Any notice of default shall identify this Section of the Contract and shall state the
party’s intent to terminate the Contract if the default is not cured within the specified
period.
Notwithstanding anything contained herein to the contrary, upon termination of this
Contract by the Company for default, the Company shall continue to perform the
Services required by this Contract for the lesser of: (i) six (6) months after the date
the City receives the Company’s written termination notice; or (ii) the date on which
the City completes its transition to a new Service Provider.
18.4.
ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY.
By giving written notice to the Company, the City may also terminate the Contract
upon the occurrence of one or more of the following events (which shall each
constitute separate grounds for termination without a cure period and without the
occurrence of any of the other events of default previously listed):
a. Failure of the Company to complete a particular task by the completion date set
forth in this Contract;
b. The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information in
connection with this Contract, or any covenant, agreement, obligation, term or
condition contained in this Contract; or
c. The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of the Contract, including but not limited
to failure to obtain or maintain the insurance policies and endorsements as
required by the Contract, or failure to provide the proof of insurance as required
by the Contract.
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18.5.
NO SUSPENSION.
In the event that the City disputes in good faith an allegation of default by the
Company, notwithstanding anything to the contrary in the Contract, the Company
agrees that it will not terminate the Contract or suspend or limit the Services or any
warranties or repossess, disable or render unusable any software supplied by the
Company, unless (i) the parties agree in writing, or (ii) an order of a court of
competent jurisdiction determines otherwise.
18.6.
CANCELLATION OF ORDERS AND SUBCONTRACTS.
In the event this Contract is terminated by the City for any reason prior to the end of
the term, the Company shall upon termination immediately discontinue all service in
connection with this Contract and promptly cancel all existing orders and
subcontracts, which are chargeable to this Contract. As soon as practicable after
receipt of notice of termination, the Company shall submit a statement to the City
showing in detail the Services performed under this Contract to the date of
termination.
18.7.
AUTHORITY TO TERMINATE.
The following persons are authorized to terminate this Contract on behalf of the City:
(a) the City Manager, any Assistant City Manager, or any designee of the City
Manager; or (b) the Department Director of the City Department responsible for
administering this Contract.
18.8.
OBLIGATIONS UPON EXPIRATION OR TERMINATION.
Upon expiration or termination of this Contract, the Company shall promptly return
to the City (i) all computer programs, files, documentation, media, related material
and any other material and equipment that is owned by the City; (ii) all Deliverables
that have been completed or that are in process as of the date of termination; and (iii)
a written statement describing in detail all work performed with respect to
Deliverables which are in process as of the date of termination. The expiration or
termination of this Contract shall not relieve either party of its obligations regarding
“Confidential Information”, as defined in this Contract.
18.9.
NO EFFECT ON TAXES, FEES, CHARGES OR REPORTS.
Any termination of this Contract shall not relieve the Company of the obligation to
pay any fees, taxes or other charges then due to the City, nor relieve the Company of
the obligation to file any daily, monthly, quarterly or annual reports covering the
period to termination nor relieve the Company from any claim for damages
previously accrued or then accruing against the Company.
18.10.
OTHER REMEDIES.
The remedies set forth in this Section and Section 17 shall be deemed cumulative and
not exclusive, and may be exercised successively or concurrently, in addition to any
other remedies available under this Contract or at law or in equity.
19. TRANSITION SERVICES UPON TERMINATION.
Upon termination or expiration of this Contract, the Company shall cooperate with the City to
assist with the orderly transfer of the Services provided by the Company to the City. Prior to
termination or expiration of this Contract, the City may require the Company to perform and,
if so required, the Company shall perform certain transition services necessary to shift the
Services of the Company to another provider or to the City itself as described below (the
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“Transition Services”). Transition Services may include but shall not be limited to the
following:
•
Working with the City to jointly develop a mutually agreed upon Transition Services
Plan to facilitate the termination of the Services;
•
Notifying all affected service providers and subcontractors of the Company;
•
Performing the Transition Service Plan activities;
•
Answering questions regarding the Services on an as-needed basis; and
•
Providing such other reasonable services needed to effectuate an orderly transition to a
new service provider.
20. CHANGES.
In the event changes to the Services (collectively “Changes”), become necessary or desirable
to the parties, the parties shall follow the procedures set forth in this Section. A Change shall
be effective only when documented by a written, dated agreement executed by both parties
that expressly references and is attached to this Contract (a “Change Statement”). The
Change Statement shall set forth in detail: (i) the Change requested, including all
modifications of the duties of the parties; (ii) the reason for the proposed Change; and (iii) a
detailed analysis of the impact of the Change on the results of the Services and time for
completion of the Services, including the impact on all Milestones and delivery dates and any
associated price.
In the event either party desires a Change, the Project Manager for such party shall submit to
the other party’s Project Manager a proposed Change Statement. If the receiving party does
not accept the Change Statement in writing within ten (10) days, the receiving party shall be
deemed to have rejected the Change Statement. If the parties cannot reach agreement on a
proposed Change, the Company shall nevertheless continue to render performance under this
Contract in accordance with its (unchanged) terms and conditions.
Changes that involve or increase in the amounts payable by the City may require execution
by the City Manager or a designee depending on the amount. Some increases may also
require approval by Charlotte City Council.
21. CITY OWNERSHIP OF WORK PRODUCT.
21.1.
The parties agree that the City shall have exclusive ownership of all reports,
documents, designs, ideas, materials, reports, concepts, plans, creative works, and
other work product developed for or provided to the City in connection with this
Contract, and all patent rights, copyrights, trade secret rights and other intellectual
property rights relating thereto (collectively the “Intellectual Property”). The
Company hereby assigns and transfers all rights in the Intellectual Property to the
City. The Company further agrees to execute and deliver such assignments and other
documents as the City may later require to perfect, maintain and enforce the City’s
rights as sole owner of the Intellectual Property, including all rights under patent and
copyright law. The Company hereby appoints the City as attorney in fact to execute
all such assignments and instruments and agree that its appointment of the City as an
attorney in fact is coupled with an interest and is irrevocable.
21.2.
The City grants the Company a royalty-free, non-exclusive license to use and copy
the Intellectual Property to the extent necessary to perform this Contract. The
Company shall not be entitled to use the Intellectual Property for other purposes
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without the City’s prior written consent, and shall treat the Intellectual Property as
“Confidential Information” pursuant to Section 26 of the Contract.
21.3.
The Company will treat as Confidential Information under the Confidentiality and
Non-Disclosure Contract all data in connection with the Contract. City data
processed by the Company shall remain the exclusive property of the City. The
Company will not reproduce, copy, duplicate, disclose, or in any way treat the data
supplied by the City in any manner except that contemplated by the Contract.
22. LICENSING.
The Company shall provide copies of all valid licenses and certificates required for
performance of the Services. The copies shall be delivered to the City no later than ten (10)
days after the Company receives the notice of award from the City. Current copies of licenses
and certificates shall be provided to the City within twenty-four (24) hours of demand at any
time during the Contract term. Licenses and certificates required for this contract include, by
way of illustration and not limitation, the following: 1) a business license valid in North
Carolina; 2) any additional licenses pertaining to or that may be required to be held by field
professionals participating in the contract work.
Failure to obtain a valid Charlotte Business License within thirty (30) days of receiving
contract award notification will result in garnishment by the Tax Office from any payments
made to the Company.
23. RELATIONSHIP OF THE PARTIES.
The relationship of the parties established by this Contract is solely that of independent
contractors, and nothing contained in this Contract shall be construed to (i) give any party the
power to direct or control the day-to-day administrative activities of the other; or (ii)
constitute such parties as partners, joint venturers, co-owners or otherwise as participants in a
joint or common undertaking; or (iii) make either party an agent of the other, or any
Consultant an agent or employee of the County, for any purpose whatsoever. Neither party
nor its agents or employees is the representative of the other for any purpose, and neither has
power or authority to act as agent or employee to represent, to act for, bind, or otherwise
create or assume any obligation on behalf of the other.
24. INDEMNIFICATION.
To the fullest extent permitted by law, the Company shall indemnify, defend and hold
harmless each of the “Indemnitees” (as defined below) from and against any and all
“Charges” (as defined below) paid or incurred as a result of any claims, demands, lawsuits,
actions, or proceedings: (i) alleging violation, misappropriation or infringement of any
copyright, trademark, patent, trade secret or other proprietary rights with respect to the
Services or any products or deliverables provided to the City pursuant to this Contract
(“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by
the Company or its subcontractors in connection with this Contract; (iii) arising from the
Company’s failure to perform its obligations under this Contract, or from any act of
negligence or willful misconduct by the Company or any of its agents, employees or
subcontractors relating to this Contract, including but not limited to any liability caused by an
accident or other occurrence resulting in bodily injury, death, sickness or disease to any
person(s) or damage or destruction to any property, real or personal, tangible or intangible;
(iv) arising from any claim that the Company or an employee or subcontractor of the
Company is an employee of the City, including but not limited to claims relating to worker’s
compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term
“Indemnitees” means the City and each of the City’s officers, officials, employees, agents
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and independent contractors (excluding the Company); and (b) the term “Charges” means any
and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations,
duties, fines, penalties, royalties, interest charges and other liabilities (including settlement
amounts).
If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right
to continue using the affected product or service; or (ii) repair or replace the infringing
product or service so that it becomes non-infringing, provided that the performance of the
overall product(s) and service(s) provided to the City shall not be adversely affected by such
replacement or modification. If the Company is unable to comply with the preceding sentence
within thirty (30) days after the City is directed to cease use of a product or service, the
Company shall promptly refund to the City all amounts paid under this Contract.
This Section 24 shall remain in force despite termination of this Contract (whether by
expiration of the term or otherwise).
25. SUBCONTRACTING.
Should the Company choose to subcontract, the Company shall be the prime contractor and
shall remain fully responsible for performance of all obligations that it is required to perform
under the Contract. Any subcontract entered into by Company shall name the City as a third
party beneficiary.
26. CONFIDENTIAL INFORMATION.
26.1.
CONFIDENTIAL INFORMATION.
Confidential Information includes any information, not generally known in the
relevant trade or industry, obtained from the City or its vendors or licensors or which
falls within any of the following general categories:
26.1.1.
Trade secrets. For purposes of this Contract, trade secrets consist of
information of the City or any of its suppliers, contractors or licensors: (a)
that derives value from being secret; and (b) that the owner has taken
reasonable steps to keep confidential. Examples of trade secrets include
information relating to proprietary software, new technology, new products
or services, flow charts or diagrams that show how things work, manuals that
tell how things work and business processes and procedures.
26.1.2.
Information of the City or its suppliers, contractors or licensors marked
“Confidential” or “Proprietary.”
26.1.3.
Information relating to criminal investigations conducted by the City, and
records of criminal intelligence information compiled by the City.
26.1.4.
Information contained in the City’s personnel files, as defined by N.C. Gen.
Stat. 160A-168. This consists of all information gathered and/or maintained
by the City about employees, except for that information which is a matter of
public record under North Carolina law.
26.1.5.
Citizen or employee social security numbers collected by the City.
26.1.6.
Computer security information of the City, including all security features of
electronic data processing, or information technology systems,
telecommunications networks and electronic security systems. This
encompasses but is not limited to passwords and security standards,
procedures, processes, configurations, software and codes.
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26.1.7.
Local tax records of the City that contains information about a taxpayer’s
income or receipts.
26.1.8.
Any attorney / City privileged information disclosed by either party.
26.1.9.
Any data collected from a person applying for financial or other types of
assistance, including but not limited to their income, bank accounts, savings
accounts, etc.
26.1.10. The name or address of individual homeowners who, based on their income,
have received a rehabilitation grant to repair their home.
26.1.11. Building plans of city-owned buildings or structures, as well as any detailed
security plans.
26.1.12. Billing information of customers compiled and maintained in connection with
the City providing utility services.
26.1.13. Other information that is exempt from disclosure under the North Carolina
public records laws.
Categories 26.1.3 through 26.1.13 above constitute “Highly Restricted Information,”
as well as Confidential Information. The Company acknowledges that certain Highly
Restricted Information is subject to legal restrictions beyond those imposed by this
Contract, and agrees that: (a) all provisions in this Contract applicable to Confidential
Information shall apply to Highly Restricted Information; and (b) the Company will
also comply with any more restrictive instructions or written policies that may be
provided by the City from time to time to protect the confidentiality of Highly
Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after
the date of this Contract, the Confidential Information shall include information
disclosed or revealed within one year prior to the date of this Contract.
26.2.
RESTRICTIONS.
The Company shall keep the Confidential Information in the strictest confidence, in
the manner set forth below:
26.2.1.
It shall not copy, modify, enhance, compile or assemble (or reverse compile
or disassemble), or reverse engineer Confidential Information.
26.2.2.
It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer
Confidential Information of the other to any third party or to any individual
employed by the Company, other than an employee, agent, subcontractor or
vendor of the City or Company who: (i) has a need to know such
Confidential Information, and (ii) has executed a confidentiality agreement
incorporating substantially the form of this Section of the Contract and
containing all protections set forth herein.
26.2.3.
It shall not use any Confidential Information of the City for its own benefit or
for the benefit of a third party, except to the extent such use is authorized by
this Contract or other written agreements between the parties hereto, or is for
the purpose for which such Confidential Information is being disclosed.
26.2.4.
It shall not remove any proprietary legends or notices, including copyright
notices, appearing on or in the Confidential Information of the other.
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26.3.
26.2.5.
The Company shall use its best efforts to enforce the proprietary rights of the
City and the City’s vendors, licensors and suppliers (including but not
limited to seeking injunctive relief where reasonably necessary) against any
person who has possession of or discloses Confidential Information in a
manner not permitted by this Contract.
26.2.6.
In the event that any demand is made in litigation, arbitration or any other
proceeding for disclosure of Confidential Information, the Company shall
assert this Contract as a ground for refusing the demand and, if necessary,
shall seek a protective order or other appropriate relief to prevent or restrict
and protect any disclosure of Confidential Information.
26.2.7.
All materials which constitute, reveal or derive from Confidential
Information shall be kept confidential to the extent disclosure of such
materials would reveal Confidential Information, and unless otherwise
agreed, all such materials shall be returned to the City or destroyed upon
satisfaction of the purpose of the disclosure of such information.
EXCEPTIONS.
The parties agree that the Company shall have no obligation with respect to any
Confidential Information which the Company can establish:
26.3.1.
Was already known to the Company prior to being disclosed by the
disclosing party;
26.3.2.
Was or becomes publicly known through no wrongful act of the Company;
26.3.3.
Was rightfully obtained by the Company from a third party without similar
restriction and without breach hereof;
26.3.4.
Was used or disclosed by the Company with the prior written authorization
of the City;
26.3.5.
Was disclosed pursuant to the requirement or request of a governmental
agency, which disclosure cannot be made in confidence, provided that, in
such instance, the Company shall first give to the City notice of such
requirement or request;
26.3.6.
Was disclosed pursuant to the order of a court of competent jurisdiction or a
lawfully issued subpoena, provided that the Company shall take use its best
efforts to obtain an agreement or protective order providing that, to the
greatest possible extent possible, this Contract will be applicable to all
disclosures under the court order or subpoena.
26.4.
UNINTENTIONAL DISCLOSURE.
Notwithstanding anything contained herein in to the contrary, in the event that the
Company is unintentionally exposed to any Confidential Information of the City, the
Company agrees that it shall not, directly or indirectly, disclose, divulge, reveal,
report or transfer such Confidential Information to any person or entity or use such
Confidential Information for any purpose whatsoever.
26.5.
REMEDIES.
The Company acknowledges that the unauthorized disclosure of the Confidential
Information of the City will diminish the value of the proprietary interests therein.
Accordingly, it is agreed that if the Company breaches its obligations hereunder, the
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City shall be entitled to equitable relief to protect its interests, including but not
limited to injunctive relief, as well as monetary damages.
27. INSURANCE.
27.1.
TYPES OF INSURANCE.
Company shall obtain and maintain during the life of this Contract, with an insurance
Company rated not less than “A” by A.M. Best, authorized to do business in the State
of North Carolina, acceptable to the Charlotte-Mecklenburg, Risk Management
Division the following insurance:
27.1.1.
Automobile Liability - Bodily injury and property damage liability covering
all owned, non-owned and hired automobiles for limits of not less than
$1,000,000 bodily injury each person, each accident and $1,000,000 property
damage, or $1,000,000 combined single limit - bodily injury and property
damage.
27.1.2.
Commercial General Liability - Bodily injury and property damage liability
as shall protect the Company and any subcontractor performing Services
under this Contract, from claims of bodily injury or property damage which
arise from performance of this Contract, whether such operations are
performed by the Company, any subcontractor, or anyone directly or
indirectly employed by either. The amounts of such insurance shall not be
less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000
property damage each occurrence/aggregate, or $1,000,000 bodily injury and
property damage combined single limits each occurrence/aggregate. This
insurance shall include coverage for products, operations, personal injury
liability and contractual liability, assumed under the indemnity provision of
this Contract.
27.1.3.
Garage Liability – Bodily injury and property damage arising out of garage
operations including premises and operations liability, products and
completed operation, contractual liability whether such operations be
performed by the Company or anyone directly or indirectly. This policy shall
be in the amount of not less than $1,000,000 each accident bodily injury and
$1,000,000 each accident property damage covering any auto – symbol 21
and autos left with – symbol 30 of the garage coverage form.
27.1.4.
Garage Keeper’s Policy – Loss to an auto left in his care, custody or control
while the contractor is attending, servicing, parking or storing in his garage
operations not less than $1,000,000 each accident.
27.1.5.
Fidelity Bond – Loss of money or other property resulting from the
dishonesty of an employee in an amount of not less than $5,000 per incident.
27.1.6.
Workers’ Compensation and Employers Liability - meeting the statutory
requirements of the State of North Carolina, $500,000 per accident limit,
$500,000 disease per policy limit, $500,000 disease each employee limit.
The Company shall not commence any Services in connection with this Contract
until it has obtained all of the foregoing types of insurance and such insurance has
been approved by the City. The Company shall not allow any subcontractor to
commence Services on its subcontract until all similar insurance required of the
subcontractor has been obtained and approved.
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27.2.
OTHER INSURANCE REQUIREMENTS.
27.2.1. The City shall be exempt from, and in no way liable for any sums of money,
which may represent a deductible in any insurance policy. The payment of
such deductible shall be the sole responsibility of the Company and/or
subcontractor providing such insurance.
27.2.2.
City of Charlotte shall be named as an additional insured for operations or
services rendered under the automobile and general liability coverage. The
Company’s insurance shall be primary of any self-funding and/or insurance
otherwise carried by the City for all loss or damages arising from the
Company’s operations under this agreement.
27.2.3.
Certificates of such insurance will be furnished to the City and shall contain
the provision that the City be given thirty (30) days’ written notice of any
intent to amend coverage reductions or material changes or terminate by
either the insured or the insuring Company.
27.2.4.
Should any or all of the required insurance coverage be self-funded/selfinsured, a copy of the Certificate of Self-Insurance or other documentation
from the North Carolina Department of Insurance shall be furnished to the
City.
27.2.5.
If any part of the Services under this Contract is sublet, the subcontractor
shall be required to meet all insurance requirements as listed above.
However, this will in no way relieve the Company from meeting all
insurance requirements or otherwise being responsible for the subcontractor.
28. COMMERCIAL NON-DISCRIMINATION.
The City has adopted a Commercial Non-Discrimination Ordinance that is set forth in Section
2, Article V of the Charlotte City Code, and is available for review on the City’s website (the
“Non-Discrimination Policy”). As a condition of entering into this Contract the Company
agrees to comply with the Non-Discrimination Policy, and consents to be bound by the award
of any arbitration conducted thereunder. As part of such compliance, the Company shall not
discriminate on the basis of race, gender, religion, national origin, sexual orientation,
ethnicity, age, disability, or political affiliation in the solicitation, selection, hiring, or
treatment of subcontractors, vendors, suppliers, or commercial customers in connection with
a City contract or contract solicitation process, nor shall the Company retaliate against any
person or entity for reporting instances of such discrimination. The Company shall provide
equal opportunity for subcontractors, vendors and suppliers to participate in all of its
subcontracting and supply opportunities on City contracts, provided that nothing contained in
this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of
marketplace discrimination that has occurred or is occurring in the marketplace.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to
the City all information and documentation that may be requested by the City from time to
time regarding the solicitation, selection, treatment and payment of subcontractors in
connection with this Contract; and (b) if requested, provide to the City within sixty (60) days
after the request a truthful and complete list of the names of all subcontractors, vendors, and
suppliers that Company has used on City contracts in the past five (5) years, including the
total dollar amount paid by Company on each subcontract or supply contract. The Company
further agrees to fully cooperate in any investigation conducted by the City pursuant to the
City’s Non-Discrimination Policy, to provide any documents relevant to such investigation
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that are requested by the City, and to be bound by the award of any arbitration conducted
under such Policy.
The Company agrees to provide to the City from time to time on the City’s request, payment
affidavits detailing the amounts paid by Company to subcontractors and suppliers in
connection with this Contract within a certain period of time. Such affidavits shall be in the
format specified by the City from time to time.
The Company understands and agrees that violation of this Commercial Non-Discrimination
provision shall be considered a material breach of this Contract and may result in contract
termination or disqualification of the Company from participating in City contracts and other
sanctions.
29. DRUG-FREE WORKPLACE.
The Company shall provide a drug-free workplace during the performance of this Contract.
This obligation is met by:
29.1.
Notifying employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the Company’s
workplace and specifying the actions that will be taken against employees for
violations of such prohibition;
29.2.
Establishing a drug-free awareness program to inform employees about (i) the
dangers of drug abuse in the workplace, (ii) the Company’s policy of maintaining a
drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee
assistance programs, and (iv) the penalties that may be imposed upon employees for
drug abuse violations;
29.3.
Notifying each employee that as a condition of employment, the employee will (i)
abide by the terms of the prohibition outlined in (a) Section 29.1, and (ii) notify the
Company of any criminal drug statute conviction for a violation occurring in the
workplace not later than five (5) days after such conviction;
29.4.
Notifying the City within ten days after receiving from an employee a notice of a
criminal drug statute conviction or after otherwise receiving actual notice of such
conviction;
29.5.
Imposing a sanction on, or requiring the satisfactory participation in a drug
counseling, rehabilitation or abuse program by, an employee convicted of drug crime;
29.6.
Making a good faith effort to continue to maintain a drug-free workplace for
employees; and
29.7.
Requiring any party to which it subcontracts any portion of the Services under the
Contract to comply with the provisions of 29.1 through 29.6.
Failure to comply with the above drug-free workplace requirements during the performance
of the Contract shall be grounds for suspension, termination or debarment.
30. NOTICES AND PRINCIPAL CONTACTS.
Any notice, consent or other communication required or contemplated by this Contract shall
be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by
electronic mail or by telefax to the intended recipient at the address set forth below:
For the Company:
_______________
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_______________
_______________
_______________
_______________
PHONE: ___________
FAX: ___________
E-MAIL: ___________
City of Charlotte/Mecklenburg County
Procurement Management Division
600 East Fourth Street, CMGC 9th Floor
Charlotte, NC 28202-2850
PHONE: 704-336-2524
FAX: 704-336-2258
[email protected]
With Copy To (Company):
__________________
_____________________
_____________________
_____________________
_____________________
_____________________
PHONE: _____________
EMAIL: _____________
With Copy To (City):
Cindy White
City of Charlotte
City Attorney’s Office
600 East Fourth Street
CMGC 15th Floor
Charlotte, NC 28202
PHONE: (704)336-3012
[email protected]
Notice shall be effective upon the date of receipt by the intended recipient; provided that any
notice, which is sent by telefax or electronic mail, shall also be simultaneously sent by mail
deposited with the U.S. Postal Service or by overnight courier. Each party may change its
address for notification purposes by giving the other party written notice of the new address
and the date upon which it shall become effective.
31. MISCELLANEOUS.
31.1.
ENTIRE AGREEMENT.
This Contract is the entire agreement between the parties with respect to its subject
matter, and there are no other representations, understandings, or agreements between
the parties with respect to such subject matter. This Contract supersedes all prior
agreements, negotiations, representations and proposals, written or oral.
31.2.
AMENDMENT.
No amendment or change to this Contract shall be valid unless in writing and signed
by both parties to this Contract.
31.3.
GOVERNING LAW AND JURISDICTION.
The parties acknowledge that this Contract is made and entered into in Charlotte,
North Carolina, and will be performed in Charlotte, North Carolina. The parties
further acknowledge and agree that North Carolina law shall govern all the rights,
obligations, duties and liabilities of the parties under this Contract, and that North
Carolina law shall govern interpretation and enforcement of this Contract and any
other matters relating to this Contract (all without regard to North Carolina conflicts
of law principles). The parties further agree that any and all legal actions or
proceedings relating to this Contract shall be brought in a state or federal court sitting
in Mecklenburg County, North Carolina. By the execution of this Contract, the
parties submit to the jurisdiction of said courts and hereby irrevocably waive any and
all objections, which they may have with respect to venue in any court sitting in
Mecklenburg County, North Carolina.
31.4.
BINDING NATURE AND ASSIGNMENT.
This Contract shall bind the parties and their successors and permitted assigns.
Neither party may assign any of the rights and obligations thereunder without the
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prior written consent of the other. Any assignment attempted without the written
consent of the other party shall be void.
31.5.
CITY NOT LIABLE FOR DELAYS.
It is agreed that the City shall not be liable to the Company, its agents or
representatives or any subcontractor for or on account of any stoppages or delay in
the performance of any obligations of the City or any other party hereunder caused
by injunction or other legal or equitable proceedings or on account of any other delay
for any cause beyond the City’s reasonable control. The City shall not be liable under
any circumstances for lost profits or any other consequential, special or indirect
damages.
31.6.
FORCE MAJEURE.
31.6.1. The Company shall be not liable for any failure or delay in the performance
of its obligations pursuant to this Contract (and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions are satisfied: (i) if such failure or delay: (a)
could not have been prevented by reasonable precaution, and (b) cannot
reasonably be circumvented by the non-performing party through the use of
alternate sources, work-around plans, or other means; and (ii) if and to the
extent such failure or delay is caused, directly or indirectly, by fire, flood,
earthquake, hurricane, elements of nature or acts of God, acts of war,
terrorism, riots, civil disorders, rebellions or revolutions, or court order.
31.7.
31.6.2.
Upon the occurrence of an event which satisfies all of the conditions set forth
above (a “Force Majeure Event”) the Company shall be excused from any
further performance of those of its obligations pursuant to this Contract
affected by the Force Majeure Event for as long as (a) such Force Majeure
Event continues and (b) the Company continues to use commercially
reasonable efforts to recommence performance whenever and to whatever
extent possible without delay.
31.6.3.
Upon the occurrence of a Force Majeure Event, the Company shall
immediately notify the City by telephone (to be confirmed by written notice
within two (2) days of the inception of the failure or delay) of the occurrence
of a Force Majeure Event and shall describe in reasonable detail the nature of
the Force Majeure Event. If any Force Majeure Event prevents the Company
from performing its obligations for more than five (5) days, the City may
terminate this Contract.
31.6.4.
Strikes, slow-downs, walkouts, lockouts, and individual disputes are not
excused under this provision.
SEVERABILITY.
The invalidity of one or more of the phrases, sentences, clauses or sections contained
in this Contract shall not affect the validity of the remaining portion of the Contract
so long as the material purposes of the Contract can be determined and effectuated. If
any provision of this Contract is held to be unenforceable, then both parties shall be
relieved of all obligations arising under such provision, but only to the extent that
such provision is unenforceable, and this Contract shall be deemed amended by
modifying such provision to the extent necessary to make it enforceable while
preserving its intent.
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31.8.
NO PUBLICITY.
No advertising, sales promotion or other materials of the Company or its agents or
representations may identify or reference this Contract or the City in any manner
absent the written consent of the City.
31.9.
APPROVALS.
All approvals or consents required under this Contract must be in writing.
31.10.
WAIVER.
No delay or omission by either party to exercise any right or power it has under this
Contract shall impair or be construed as a waiver of such right or power. A waiver by
either party of any covenant or breach of this Contract shall not be constitute or
operate as a waiver of any succeeding breach of that covenant or of any other
covenant. No waiver of any provision of this Contract shall be effective unless in
writing and signed by the party waiving the rights.
31.11.
SURVIVAL OF PROVISIONS.
The following sections of this Contract shall survive the termination hereof:
Section 4.3
Section 15
Section 18
Section 21
Section 24
Section 26
Section 27
Section 30
Section 31
“Employment Taxes and Employee Benefits”
“Representations and Warranties of Company”
“Term and Termination of Contract”
“City Ownership of Work Product”
“Indemnification”
“Confidential Information”
“Insurance”
“Notices and Principal Contacts”
“Miscellaneous”
31.12.
CHANGE IN CONTROL.
In the event of a change in “Control” of the Company (as defined below), the City
shall have the option of terminating this Contract by written notice to the Company.
The Company shall notify the City within ten (10) days of the occurrence of a change
in control. As used in this Contract, the term “Control” shall mean the possession,
direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the
case may be fifty-one percent (51%) or more of the equity interests, value or voting
power in the Company or (ii) the power to direct or cause the direction of the
management and policies of the Company whether through the ownership of voting
securities, by contract or otherwise.
31.13.
DRAFTER’S PROTECTION.
Each of the Parties has agreed to the use of the particular language of the provisions
of this Contract and any questions of doubtful interpretation shall not be resolved by
any rule or interpretation against the drafters, but rather in accordance with the fair
meaning thereof, having due regard to the benefits and rights intended to be
conferred upon the Parties hereto and the limitations and restrictions upon such rights
and benefits intended to be provided.
31.14.
FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES.
The Company agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract
be in compliance with all applicable federal, state and/or local laws regarding
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employment practices. Such laws will include, but shall not be limited to, workers'
compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities
Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations
applicable to the Services.
31.15.
LIQUIDATED DAMAGES.
The City and the Company agree that the City will incur damages if the Company
fails to meet the requirements set forth in this Contract. The parties further agree that
the damages, which might be reasonably anticipated to accrue as a result of such
failure, are difficult to ascertain due to their indefiniteness and uncertainty.
Accordingly, the Company agrees to pay Liquidated Damages for Division Wrecker
Services at the following rates, when directed to do so in writing by a City Project
Manager:
Failure to respond to the scene of an
accident, parking violation or
disabled Motor Vehicle within thirty
(30) minutes of a call for service
from CMPD or CDOT or an
Authorized Agent.
Failure to respond to a request by
CED for service within three (3)
Business Days
Liquidated
Damage
Repeated Failure
$30
Probation or
Termination of Contract
at the City’s discretion
$100 plus
$25 per day until
Services are
performed
Probation or
Termination of Contract
at the City’s discretion
Failure to follow Customer Service
Guidelines
$25 per incident
Failure to meet Accident Site
Cleaning Requirements
$50 per incident
Unauthorized assignment, transfer,
or sale of any interest in this
Contract, in violation of Section
15.3
Billing Violation
Interference with the Services as
described in Exhibit B, Section 1(c)
of this Contract or Exhibit C,
Section 3.3 of this Contract
Failure to meet reporting
requirements within the time frames
required by this Contract
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Probation or
Termination of Contract
at the City’s discretion
Probation or
Termination of Contract
at the City’s discretion
Termination of
Contract
$50 per incident
Probation or
Termination of Contract
at the City’s discretion
$75 per incident
Probation or
Termination of Contract
at the City’s discretion
$50 per incident
Probation or
Termination of Contract
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The Company agrees to pay Liquidated Damages for Fleet Towing Services at
the following rates, when directed to do so in writing by a City Project
Manager:
Delayed Service response of more
than two (2) hours for Fleet Towing
Service calls
Liquidated
Damage
Repeated Failure
$50 credit per
incident on
corresponding
invoice
Probation or
Termination of Contract
at the City’s discretion
The Liquidated Damages set forth in this Contract are either a reasonable estimate of
the damages which would probably be caused by a breach or are reasonably
proportionate to the damages which will have actually been caused by the breach.
The existence or recovery of such Liquidated Damages shall not preclude the City
from recovering other damages which the City can document as being attributable to
the above-referenced failures, including but not limited to amounts paid to third
parties as a result of such failure.
Notwithstanding anything contained herein to the contrary, the City will not impose
Liquidated Damages for failure to respond to the scene of an accident or disabled
vehicle within thirty (30) minutes or for failure to respond to a request by CED for
Service within three (3) Business Days if in the reasonable judgment of the City
Project Manager both of the following conditions are met:
(1) such failure was caused by factors beyond the control of the Company; and
(2) such failure could not have been prevented through the exercise of reasonable
precaution (such as promptly dispatching a Wrecker Vehicle, having an adequate
number of Wrecker Drivers and Wrecker Vehicles available, stationing Wrecker
Vehicles at offsite locations to handle foreseeable rush hour demands for Service,
etc.).
The Company does not relieve itself of liability for Liquidated Damages for failure to
timely respond if the Company requests that another Division Wrecker company be
dispatched by the City to a call within its Wrecker Division in lieu of itself. Such
practice is encouraged in instances wherein the Company knowingly cannot timely
respond and shall be considered a mitigating factor in the City’s decision of whether
to assess the Company with Liquidated Damages. However, such practice is
indicative of potential service problems with the Company and shall be monitored as
a possible ground for termination as contemplated in this Contract.
31.16.
CONFLICT OF INTEREST.
The Company covenants that its officers, employees and shareholders have no
interest and shall not acquire any interest, direct or indirect that would conflict in any
manner or degree with the performance of Services required to be performed under
the Contract.
31.17.
NO BRIBERY.
The Company certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or
employee of the City in connection with the Contract.
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31.18.
HARASSMENT.
The Company agrees to make itself aware of and comply with the City's Harassment
Policy. The City will not tolerate or condone acts of harassment based upon race, sex,
religion, national origin, color, age, or disability. Violators of this policy will be
subject to termination.
31.19.
TRAVEL UPGRADES.
The City has no obligation to reimburse the Company for any travel or other
expenses incurred in connection with this Contract.
31.20.
TAXES.
Except as specifically stated elsewhere in this Contract, the Company shall pay all
applicable federal, state and local taxes which may be chargeable against the
performance of the Services. The Company consents to and authorizes the City to
collect any and all delinquent taxes and related interest, fines, or penalties of the
Company by reducing any payment, whether monthly, quarterly, semi-annually,
annually, or otherwise, made by the City to the Company pursuant to this Contract
for an amount equal to any and all taxes and related interest, fines, or penalties owed
by the Company to the City. The Company hereby waives any requirements for
notice under North Carolina law for each and every instance that the City collects
delinquent taxes pursuant to this paragraph. This paragraph shall not be construed to
prevent the Company from filing an appeal of the assessment of the delinquent tax if
such appeal is within the time prescribed by law.
31.21.
COUNTERPARTS.
This Contract may be executed in any number of counterparts, all of which taken
together shall constitute one single agreement between the parties.
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EXHIBIT C – DIVISION WRECKER: CMPD SCOPE OF SERVICES
This Exhibit shall be incorporated into and made a part of the Contract to Provide Division
Wrecker Services (“Contract”) between the City of Charlotte and the Service Provider. Unless
otherwise defined herein, capitalized terms in this Exhibit shall have the same meanings as are
assigned to such terms in the RFP.
1.
CMPD Procedures.
a)
The CMPD police officer dispatched to the scene where Services are required will
ask if the Vehicle Owner has a towing company they would like to use. If the Vehicle
Owner has a preference for a towing company the CMPD police officer will request
CMPD dispatch to reasonably attempt to contact that company to provide the
necessary Services. If the Vehicle Owner’s towing company cannot be contacted
within fifteen (15) minutes of the Vehicle Owner’s request, or the Vehicle Owner’s
towing company is unable to have the Motor Vehicle towed within forty-five (45)
minutes of the Vehicle Owner’s request to CMPD, the CMPD police officer may
proceed in securing Basic Towing Services via the appropriate Service Provider
assigned to the Wrecker Division.
If, in the CMPD police officer’s opinion, the Motor Vehicle presents an immediate
and unreasonable danger to the motoring public, the CMPD police officer shall have
the authority to request a Service Provider immediately without regard to the Vehicle
Owner’s preference.
If the Vehicle Owner does not have a preference for a particular towing company, or
simply requests a “Division Wrecker”, the CMPD police officer on the scene will
request that the CMPD dispatcher call the Service Provider assigned to the Wrecker
Division where the scene is located. The CMPD dispatcher will then contact the
Service Provider under Contract with City for that particular Wrecker Division, as
determined by the CMPD computer aided dispatch system. While the City will use
reasonable efforts to ensure that CMPD police officers and dispatchers follow this
procedure, the City does not guarantee that it will be followed in each and every
instance.
b)
Calls for Services that occur along Wrecker Division boundaries, especially
boundary intersections, are subject to computer geographic accuracy limitations as
well as reporting approximations as relayed by the public or CMPD police officers
and are not guaranteed to always be dispatched to the Service Provider for the
Wrecker Division in which the Motor Vehicle is resting. Rather, the CMPD’s
computer aided dispatch system will ascertain the Service Provider to be dispatched
based on the geographic grid it electronically maintains and the Motor Vehicle’s
reported location. Only one Service Provider shall be dispatched to any call for
Service occurring in a boundary intersection, as dictated by the CMPD’s computer
aided dispatch system. The City shall make reasonable efforts to address any obvious
computer errors for future usage, but shall not be held liable for any past, present or
future dispatching errors. While the City will use reasonable efforts to ensure that
CMPD police officers and dispatchers follow this procedure, the City does not
guarantee that it will be followed in each and every instance. The City shall not be
liable for any cancellation fee or other costs caused by or associated with the Vehicle
Owner’s use or refusal of Division Wrecker Services.
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c)
2.
In the event that another towing company is contacted to provide Basic Towing
Services or other Special Services within a Service Provider’s assigned Wrecker
Division pursuant to this Section and becomes available on the scene prior to the
Service Provider, the Service Provider shall not interfere in any way with the
Services. For purposes of this Section the term “interfere” means verbal disruption,
threats or abuse as well as physical interference. If the Service Provider does
interfere with the Services in such circumstances, the City may assess Liquidated
Damages in accordance with Exhibit D. The Service Provider may also be subject to
criminal charges.
Tow-In and Storage Report Form.
For each Motor Vehicle towed during the term of the Contract, a Tow-In and Storage
Report Form that meets the requirements of this Section is to be completed as described
below. The Wrecker Driver will check the form for accuracy and completeness and return it
to the CMPD police officer for completion if it does not meet the requirements set forth
below.
a)
The CMPD police officer will complete the following sections of the Tow-In and
Storage Report Form:
1.
2.
3.
4.
5.
6.
7.
8.
b)
The Wrecker Driver shall complete the Wrecker Company Comments section of the
Tow-In and Storage Report Form before leaving the scene and will return the entire
form to the CMPD police officer. This section may include notation of any dents,
missing hubcaps, broken lights or windows, and any other damage of the Motor
Vehicle. This section must be signed or initialed by the Wrecker Driver.
c)
The CMPD police officer shall distribute the completed Tow-In and Storage Report
Form as follows:
1.
2.
3.
3.
Service Provider information;
Complaint#;
Hold/Seizure Information section;
Vehicle Information section, which includes Motor Vehicle make, model, year,
VIN and Tag #, and Tag State;
Vehicle Owner/Driver Information section;
Towing Information section, which includes: Location towed from and reason
towed; and an indication whether CMPD inventoried the Motor Vehicle’s
contents, with the exception of Motor Vehicles held for CMPD evidence;
Officer section with legible officer Code# and Assignment; and
Tow-In Date and Time in military format (to indicate the time the Wrecker
Driver has completed the Hookup and is preparing to leave the scene.)
Blue copies —Wrecker Company;
Pink copy — Vehicle Owner/operator (if present); and
Original (white) copy — CMPD.
Vehicle Inventory.
For each Motor Vehicle towed during the term of the Contract, the CMPD police officer
will determine whether a Vehicle inventory needs to be completed. If the CMPD police
officer completes a Vehicle inventory, the list will be given to the Wrecker Driver by the
CMPD police officer. The Wrecker Driver will check the Vehicle inventory list for
accuracy and completeness and return it to the CMPD police officer if not complete.
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a) The CMPD police officer will complete the Vehicle inventory list, when required by
CMPD Directive 600-013;
b) The Wrecker Driver will confirm his or her agreement with the Vehicle inventory list
by signing the inventory list after verifying it is accurate and complete; and
c) The Wrecker Driver will ask the Vehicle Owner/operator to sign the Vehicle inventory
list, to signify agreement with the inventory listed.
4.
Accident Site Cleaning Requirements.
Each Wrecker Driver will clean all broken glass, auto parts, spills or other debris other than
major chemical spills from the roadway, sidewalk and private property at the scene of an
accident. Failure to do so may result in Liquidated Damages as described in Exhibit D.
Repeated failure may result in termination of a Service Provider’s Contract. The Wrecker
Driver shall carry away such debris for disposal. The necessary clean up equipment shall be
kept on the Wrecker Vehicle at all times. The CMPD police officer on the scene will
perform a visual inspection of the scene to determine if the scene has been properly cleared
of all debris prior to the Wrecker Driver leaving the scene.
The Service Provider will not be expected to clean or be held accountable for Liquidated
Damages for accident sites where they have not been dispatched to perform Services,
unless the Services were performed by a subcontractor called by the Service Provider to
assist with that tow.
The Service Provider shall maintain adequate records of the Services it has performed in
order to properly address complaints of debris left in the roadway. If such complaints come
to the attention of the City Project Manager, the City Project Manager will contact the
Service Provider for the Wrecker Division in which the debris is located and ask if the
debris is from a City-authorized tow of the Service Provider. The Service Provider is
required to either clean the debris at no charge to anyone, or verify that it has not performed
a City-authorized tow at the debris location, (or within 100 yards of the debris location),
within forty-eight (48) hours previous to the time the Service Provider is contacted by the
City regarding the debris. If the Service Provider does not verify that it has not performed a
City-authorized tow at the debris location within said forty-eight (48) hour period, then it
shall be assumed that the Service Provider failed to properly remove said debris at the time
of the Services and the Service Provider shall remove the debris at no charge to anyone. If
the Service Provider properly removes the debris in a timely fashion after notice from the
City, no Liquidated Damages shall be assessed. If not, the City shall have discretion to
assess Liquidated Damages in accordance with Exhibit D.
If it is necessary for the Service Provider to “bleed” or otherwise drain hydraulic lines on
the Motor Vehicle prior to towing, the Service Provider will be responsible for properly
cleaning up any residue, which may drop on the street. These Services are included in the
cost of Basic Towing Services.
5.
Stand By Time.
If a Motor Vehicle cannot be towed when the Wrecker Driver arrives at the scene, the
Wrecker Driver shall wait at the scene of a tow for up to sixty (60) minutes at no charge to
begin the tow. When a Wrecker Driver is on the scene of an accident or other dispatched
request for more than sixty (60) minutes for reasons beyond the Service Provider’s control,
a flat rate of ten dollars ($10) per hour will be added to the cost of Services for each hour or
any part thereof that the Wrecker Driver has to wait to tow a Motor Vehicle after the first
hour has passed. This hourly rate will be a part of the total charge to the Vehicle Owner and
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is not to be charged to the City. For purposes of calculating this amount, the clock stops at
the time the Motor Vehicle is ready to be towed.
6.
CMPD Hold.
The Service Provider will tow CMPD Asset Forfeiture Vehicles or Evidence Hold Vehicles
as directed by the CMPD to the CMPD Impound Lot within Mecklenburg County.
Unless the CMPD provides contrary instructions in a specific situation, all Asset
Forfeiture Vehicles and Evidence Hold Vehicles shall be towed directly to the CMPD
Impound Lot located at Byrum Drive.
7.
Unclaimed Motor Vehicles.
Unclaimed Motor Vehicles may become the possession of the Service Provider under the
procedures established by NC law. The Service Provider may apply for ownership and
disposal of unclaimed Motor Vehicles as allowed by NC Law.
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EXHIBIT D – DIVISION WRECKER: CDOT SCOPE OF SERVICES
This Exhibit shall be incorporated into and made a part of the Contract to Provide Division
Wrecker Services (“Contract”) between the City of Charlotte and the Service Provider. Unless
otherwise defined herein, capitalized terms in this Exhibit shall have the same meanings as are
assigned to such terms in the RFP.
1. Background.
The CDOT/Park It! Program began operation in June 1997. CDOT/Park It! offers more than
1,000 metered parking spaces within the City’s Central and Providence Divisions (see Exhibit
F). Meters are monitored from 7 a.m. to 6 p.m., Monday through Friday except for official
City holidays. Rush hour is 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. CDOT/Park It! Authorized
Agents work all Arena events and special events drawing a crowd of nine thousand (9,000)
people or more. On an ongoing basis CDOT/Park It! also has weekend hours on Friday and
Saturday. Typical weekend hours are 3 p.m. to 12 a.m. CDOT/Park It! also works Sundays
but for special events only. CDOT/Park It! is also available upon CMPD request to enforce
during other events regardless of estimated turnout.
North Carolina law and the Charlotte City Code allow the City to enforce parking ordinances
through the use of wheel locks, and to collect on outstanding tickets before release of Motor
Vehicles. See N.C.G.S. §160A-301; Charlotte City Charter § 6.11, and Charlotte City Code
§§ 14-61 – 66.
2. CDOT/Park It! On-street Parking Violation Procedures.
Following are the procedures to be followed by the City’s Authorized Agent and the Service
Provider for all On-street Parking Violation requests for Service:
a)
An On-street Parking Violation is confirmed by a City Authorized Agent;
b)
The Authorized Agent issues a citation for the On-street Parking Violation and places
the citation on the front window of the Motor Vehicle, under a windshield wiper;
c)
The Authorized Agent calls the Service Provider requesting Services;
d)
When the Wrecker Vehicle arrives at the scene, the Wrecker Driver may begin
Hooking the Motor Vehicle only as long as a); b) and c) listed above are met and the
Authorized Agent is present;
e)
Once the Wrecker Driver begins Hooking the Motor Vehicle, the Authorized Agent
will begin filling out the Tow-In and Storage Report Form;
f)
During this time, the Wrecker Driver will scan the Motor Vehicle for any existing
damage and also note if there are no blemishes.
g)
The Wrecker Driver will document any damages in the “Wrecker Company
Comments” section of the Tow-In and Storage Report Form and initial this
documentation;
h)
The Authorized Agent may take photos of the Motor Vehicle including any damages at
this time, but is not held responsible to do so;
i)
Once the Tow-In and Storage Report Form is complete, the Authorized Agent will give
the Wrecker Driver three (3) copies of the Tow-In and Storage Report Form and two
(2) copies of the citation;
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j)
Before the Authorized Agent leaves the scene, he/she will place a “Tow Notice
Sticker” on the meter or nearest object. The Tow Notice Sticker will have the license
plate, Service Provider name and contact number, and type of violation. An example of
the Tow Notice Sticker is provided as Exhibit I;
k)
At this point, the Authorized Agent may leave the scene even if the Wrecker Driver is
still in the process of completing the Services.
l)
The Authorized Agent will call the CDOT/Park It! Office and report the tow.
m)
The CDOT/Park It! Office staff will record the information that the Authorized Agent
provides on a Daily Tow-In form;
n)
The CDOT/Park It! staff will search the database to see if any of the Motor Vehicles
that have been towed have outstanding citations due. If a Motor Vehicle is discovered
to have any outstanding fines, the CDOT/Park It! staff will note this on the daily log,
print out copies of each outstanding citation and fax all the information to the Service
Provider at the end of both morning and evening rush hours;
o)
Once all tows have been reported back to the CDOT/Park It! Office, the staff will fax
the daily log and any outstanding citation information to the Service Provider, CMPD,
and 311; and
p)
Once the Authorized Agent’s route is finished, the Authorized Agent heads back to the
CDOT/Park It! Office to submit copies of the Tow-In and Storage Report Form and
citations to the CDOT/Park It! Staff and CMPD headquarters.
3. On-Street Parking Violation Requirements.
3.1
The Service Provider shall maintain a receipt book that displays both the parking fines
and the towing charges for the City. This receipt book shall have at a minimum three
(3) copies of each receipt: one for the Vehicle Owner who is paying the fine, one for
the CDOT, and one copy to remain in the book and turned back into the CDOT/Park It!
Office or the City’s Authorized Agent once the book is full. The citation number and
Tow-In and Storage Report Form number shall be listed on the receipts, along with the
dollar amount collected, and name of the Wrecker representative who collected the
payment. See Exhibit H for an example of a receipt.
3.2
In the event that a Vehicle Owner drives away and leaves an unpaid parking ticket in
the possession of the Service Provider, the Service Provider shall return the uncollected
ticket to the City’s Authorized Agent within (1) Business Day. The Service Provider
shall not receive payment from the City for uncollected tickets.
3.3
With respect to On-street Parking Violations, the Service Provider shall not make
physical contact with any Motor Vehicle that has not been ticketed by the City’s
Authorized Agent. This includes attaching anything to the Motor Vehicle or preventing
the Motor Vehicle in any manner from leaving a parking space. Additionally, the
Service Provider shall not interfere in any way with the departure of a ticketed Motor
Vehicle unless the Service Provider had Hooked to the Motor Vehicle prior to the
arrival of the person in legal control of the Motor Vehicle. If the Service Provider has
Hooked to a Motor Vehicle and the person in legal control of the Motor Vehicle arrives
prior to the Wrecker Vehicle’s departure and wishes the Motor Vehicle to be released,
the Service Provider will unhook from the Motor Vehicle upon full payment for
Services and the citation amount, otherwise the Motor Vehicle shall be towed. Failure
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to comply with this subsection shall constitute a breach of Contract, and shall entitle
the City to assess Liquidated Damages in accordance with Exhibit D in its sole
discretion and without opportunity for cure.
3.4
Prior to releasing a Motor Vehicle that was towed for an On-street Parking Violation
the Service Provider shall collect the current fine for the On-street Parking Violation as
well as all outstanding parking fines issued to the Vehicle Owner on behalf of the City
of Charlotte.
3.5
All money collected for On-street Parking Violations and other outstanding citations
shall be deposited to the Service Provider’s bank account on a daily basis.
3.6
The Vehicle Owner/Driver of Motor Vehicle must receive a copy of the On-street
Parking Violation citation. The CDOT/Park It! Authorized Agent will provide two
copies of the citation to the Wrecker Driver (one for Service Provider and one for
Vehicle Owner/Driver). If the CDOT/Park It! Authorized Agent only gives the
Wrecker Driver one copy of the citation, the Service Provider must make a copy of that
citation to keep for their records. The original citation shall be given back to the
Vehicle Owner/Driver at time of payment.
3.7
The Service Provider must meet the Requirements outlined in Section 3 of this RFP.
3.8
Service Provider must respond to City Project Manager for CDOT/Park It! regarding
tow related inquiries (NOT requests for Service) within two (2) Business Days of the
initial contact.
3.9
The Service Provider must provide a primary point of contact and a secondary point of
contact for the City Project Manager regarding CDOT/Park It! tows.
3.10 The Service Provider is required to respond to a request for Services within thirty (30)
minutes. The Service Provider is required to provide seamless Service to the City if
their own personnel or equipment cannot meet the City’s needs.
4. Collection Fee.
The City or the City’s Authorized Agent will pay the Service Provider five dollars ($5.00) for
each On-street Parking Violation collected as well as five dollars ($5.00) for each outstanding
parking ticket that the Service Provider collects in full, provided that the Service Provider has
provided all of the documentation required above with respect to each collected ticket. The
City or the City’s Authorized Agent will pay the five dollar ($5.00) collection fee due the
Service Provider within forty-five (45) days after receipt of an accurate, undisputed, properly
submitted invoice along with all required documentation.
5. Portable Communication Device.
The Company will loan, for the life of the Contract, the City or the City’s Authorized Agent
one two-way portable communication device that will allow for instant communication
between the Company’s dispatcher and the City or the City’s Authorized Agent. The
Company agrees to maintain the devices and pay for any charges, fees, or maintenance costs
associated with the devices.
6. Tow-In and Storage Report Form.
For each Motor Vehicle towed during the term of the Contract, a Tow-In and Storage Report
Form that meets the requirements of this Section is to be completed as described below. The
Wrecker Driver will check the form for accuracy and completeness and return it to the
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CDOT/Park It! Authorized Agent for completion if it does not meet the requirements set forth
below.
a) The CDOT/Park It! Authorized Agent will complete the following sections of the TowIn and Storage Report Form:
a. Service Provider information;
b. Complaint# (if CMPD is involved in the tow);
c. Vehicle Information section, which includes Motor Vehicle make, model, year,
VIN and Tag #, and Tag State;
d. Towing Information section, which includes: Location towed from and reason
towed;
e. Officer Authorizing Tow section with legible Authorized Agent Name, and
Agency; and
f. Tow-In Date and Time in military format (to indicate the time the Wrecker Driver
has completed the Hookup and is preparing to leave the scene.)
b) The Wrecker Driver shall complete the Wrecker Company Comments section of the
Tow-In and Storage Report Form before leaving the scene and will return the entire
form to the CDOT/Park It! Authorized Agent. This section may include notation of any
dents, missing hubcaps, broken lights or windows, and any other damage of the Motor
Vehicle. This section must be signed or initialed by the Wrecker Driver.
c) The CDOT/Park It! Authorized Agent shall distribute the completed Tow-In and
Storage Report Form as follows:
1.
2.
3.
Blue copies — Service Provider;
Pink copy — Vehicle Owner/operator (if present); and
Original (white) copy — CDOT/Park It!.
7. Bi-Weekly Reporting Requirements.
On a bi-weekly basis, the Service Provider shall provide the following information to the
CDOT Point of Contact or the City’s Authorized Agent:
i.
Computer spreadsheet printout with option for electronic Microsoft Excel format
showing the number of citations collected detailing citation numbers and the amount of
money due the City of Charlotte;
ii. The Collection Fees due to the Service Provider for ticket collection;
iii. Check made out to the City of Charlotte for ticket collections due to the City of Charlotte
for each tow made by the Service Provider as well as any outstanding fines collected by
the Service Provider; and
iv. Copy of receipts that were given to those Vehicle Owners. Each receipt includes
violation(s) # and the Tow-In and Storage Report Form#.
See Exhibit K for a sample spreadsheet.
8. Monthly Reporting Requirements for Dispatch/Authorization Fees
The Service Provider shall, by the tenth (10th) calendar day of each month provide payment to
the CDOT Point of Contact or the City’s Authorized Agent for the previous month’s
dispatch/authorization fees. The payment must be attached to a paper report showing all of
the tows/dispatches for which payment is being made.
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EXHIBIT E – DIVISION WRECKER: CED SCOPE OF SERVICES
This Exhibit shall be incorporated into and made a part of the Contract to Provide Division
Wrecker Services (“Contract”) between the City of Charlotte and the Service Provider. Unless
otherwise defined herein, capitalized terms in this Exhibit shall have the same meanings as are
assigned to such terms in the RFP.
1.
Objective and Scope.
These specifications are for the towing and disposal of abandoned, junked and hazardous
Motor Vehicles within the corporate limits of the City of Charlotte, and for carrying out the
purposes of the Code Enforcement Division of the Neighborhood & Business Services
Department (“CED”). For purposes of this Exhibit C, the term “CED Motor Vehicle” shall
mean any Motor Vehicle towed by the Service Provider at the request of CED.
In towing, storing, salvaging, scrapping and disposing of abandoned, junked and hazardous
Motor Vehicles, the Service Provider shall comply with all applicable provisions of the
North Carolina General Statutes including but not limited to: N.C.G.S. § 160A- 303 and
N.C.G.S. § 160A-303.2.
2.
Acceptance.
a. The Service Provider shall accept all abandoned, junked and hazardous Motor Vehicles
turned over to them by the City regardless of the size, including Motor Vehicles over
eighty five hundred (8500) pounds, or condition of the Motor Vehicle.
b. The Service Provider agrees not to tow, store, salvage, scrap, or otherwise dispose of
any abandoned, junked or hazardous Motor Vehicle within the City limits of Charlotte
unless authorized and notified to do so by the City through the CED.
c. The Service Provider shall store CED Motor Vehicles in a designated location on the
Service Provider’s Storage Lot.
d. The Service Provider shall mark upon the outside of the CED Motor Vehicles
(windshield if possible), in a clear but non-permanent manner, the Tow-In number, date
of tow, and last four VIN digits for the CED Motor Vehicle.
e. Upon receiving a faxed or emailed request to tow a CED Motor Vehicle from the City,
the Service Provider shall tow, store, salvage, scrap and dispose of an abandoned,
junked or hazardous Motor Vehicle only through strict adherence to the procedures set
forth in this RFP.
f.
The Service Provider shall leave a door hanger at the location the vehicle is towed
from, if towed from private property. The City will provide door hangers to the Service
Provider.
The City agrees to assume complete and absolute liability and to indemnify and hold
harmless the Service Provider for any loss or damages which may directly result from any
wrongful authorization and notification to tow a CED Motor Vehicle granted by the City,
other than for death or personal injury, or property damage caused by negligence or
intentional misconduct on the part of the Service Provider or its subcontractor.
The City has no liability to the Service Provider to pay for CED Motor Vehicle tows if
the Vehicle Owner does not pay the City.
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The Service Provider will be solely liable for any property damage, death, or personal
injury caused by the negligence or intentional misconduct of the Service Provider or its
subcontractor while involved in the process of a CED Motor Vehicle tow or the storage of a
CED Motor Vehicle.
3.
Post Towing Procedures.
N.C.G.S. Chapter 20, Article 7A, “Post Towing Procedures” are applicable to tows under
N.C.G.S. § 160A-303 and N.C.G.S. § 160A-303.2 and are incorporated by reference
herein. The City shall be responsible for meeting the notice requirements of N.C.G.S. § 20219.11(a) and (b). The Services shall be provided in accordance with N.C.G.S. § 160A-303
(d)(2)(a) and shall refer to the towing fee and storage schedule under Section 5, “Payment
Process and Schedule for CED Motor Vehicle Tows”.
4.
Sale of Unclaimed Motor Vehicles.
If at the expiration of thirty (30) days from the date of notice of tow of a CED Motor
Vehicle, as determined by CED, the Vehicle Owner has not claimed the Motor Vehicle and
paid the charges to the City, and the Junk-Out process is completed by an authorized CED
employee, then the Service Provider may advertise and sell such Motor Vehicle pursuant to
N.C.G.S. Chapter 44A, Article 1, “Possessory Liens on Personal Property”, governing
storage charges insofar as the same are applicable to the CED Motor Vehicles sold for the
towing and storage charge, and pursuant to the applicable provision listed in Exhibit L.
5.
Payment Process & Schedule for CED Motor Vehicle Tows.
The charges imposed for the towing of abandoned, junked and hazardous Motor Vehicles
will be paid directly by Vehicle Owners to the City. Upon receiving payment, the City will
issue a release to the Vehicle Owner, and the Vehicle Owner will then be entitled to reclaim
his or her Motor Vehicle from the Service Provider. The Service Provider will send the
City an individual invoice for all CED Motor Vehicles reclaimed by the Vehicle Owner
from the Service Provider pursuant to a City-issued release, the City will pay the Service
Provider the cost of Basic Towing Services for each such CED Motor Vehicle towed
including applicable storage fees. Under no circumstances will the City be required to
pay any charges to the Service Provider for a CED Motor Vehicle that has not been
released by the City.
The City shall charge Vehicle Owners $100 per tow for reclaimed CED Motor Vehicles as
well as $20/day storage, and shall pass that amount on to the Service Provider within fortyfive (45) days after the City’s receipt of a properly submitted uncontested invoice in
compliance with this Section, along with all required documentation. The Service Provider
shall not charge the City or the Vehicle Owner any interest or late fees for Services
performed in connection with the Contract.
No fees beyond the Basic Towing Services fee of $100 shall apply to CED Motor Vehicles,
except for tows of vehicles over 8,500 lbs., as specified in the following paragraph. The
Service Provider cannot charge Vehicle Owners additional charges for use of dolly,
cancellation, or winching.
The City will pay $250 to the Service Provider for towing Motor Vehicles that weigh more
than eight thousand five hundred (8,500) pounds GVW, to be invoiced to CED. GVW does
not include the weight of items stored in a CED Motor Vehicle. If the Motor Vehicle that is
in excess of 8,500 lbs. is reclaimed, the Service Provider may charge the City for storage
only. The Service Provider must request prior approval from the City/CED contact.
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In the event that a Vehicle Owner has paid the City for CED towing fees and has received a
receipt but has not retrieved his or her Motor Vehicle from the Service Provider on the day
that the fines and towing fees were paid to the City, the Service Provider will be allowed to
charge the Vehicle Owner for storage at the rate of twenty dollars ($20.00) per day,
beginning the day after the date of the aforementioned receipt, to be paid directly to the
Service Provider by the Vehicle Owner. Notwithstanding anything contained herein to the
contrary, storage charges for CED Motor Vehicles shall not exceed twenty dollars ($20) per
day regardless of Motor Vehicle size or weight. Storage charges for CED Motor Vehicles
shall be paid solely by the Vehicle Owners. Under no circumstances shall the City be
responsible for storage charges for a CED Motor Vehicle. Except for those amounts
specifically described in the CED Scope of Services nothing in the Contract shall be
construed to require the City to pay any charges relating to CED Motor Vehicles other than
amounts that have been collected by the City from the Vehicle Owner for a particular tow.
If the CED Motor Vehicle is sold for less than the amount for total services, the City will
not be liable for any deficiency.
The Service Provider shall not be entitled to assess the City additional charges for making
multiple trips to the scene of a CED tow.
The Service Provider will send an invoice to the City within fifteen (15) days of each CED
Motor Vehicle reclaimed by the Vehicle Owner with a City issued release. Each invoice
must contain the following information:
•
Address the Motor Vehicle was towed from;
•
Number of days the Motor Vehicle was in storage;
•
Tow-in number;
•
Itemized individual charges;
•
Total amount of the bill for Services; and
•
Description of the Motor Vehicle.
As a condition of payment, the Service Provider must report via email to CED all tows and
all tow attempts within four (4) hours. The Service Provider may not begin counting
time/days for storage fees until the time the email is sent to CED, as shown by each email’s
time and date stamp. The email notification should be addressed to the following two (2)
persons, unless otherwise directed:
•
[email protected]
•
[email protected]
The email notification must include the following information for each tow or tow attempt:
For Tows:
• Tow-in Number;
• Address Vehicle towed from;
• Inspector Requesting Tow;
• Notable Conditions (s) of the Vehicle When Towed; and
• Indicate if any Vehicle (s) were moved in order to tow Vehicle in violation.
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For Tow Attempts:
•
Address of Attempt;
•
Vehicle Make;
•
Vehicle Model;
•
Vehicle Color; and
•
Reason not Towed.
There will be no cancellation fees associated with CED requests for Services. The Service
Provider shall not be required to pay the City a $5.00 per tow Dispatch/Authorization Fee
for tows of CED Motor Vehicles.
6.
Timeliness of Service.
The Service Provider must provide Basic Towing Services within three (3) Business Days
of having received instructions to tow a CED Motor Vehicle, assuming there are not
unusual circumstances beyond the control of the Service Provider that make a three (3)
Business Day tow-in impractical. The Service Provider may be subject to Liquidated
Damages in accordance with Exhibit D if Services are not provided within the three (3)
Business Day timeframe, at the discretion of the City Project Manager for CED. Repeated
failures to meet the three (3) Business Day requirement may result in termination of the
Contract at the discretion of the City. Vehicles should only be towed Monday-Thursday, so
vehicle owner has an opportunity to reclaim.
Illness, inability to contact qualified Wrecker Drivers, out-of-service Wrecker Vehicles or
other equipment and/or inadequate equipment will not be accepted as justification for
delays in response to calls for Service or for access and shall not be grounds for avoidance
of possible Liquidated Damages.
The Service Provider will be required to release abandoned and junked Motor Vehicles
towed for CED from 6:00 a.m. until Midnight, 365 days of the year.
7.
Reporting.
The Service Provider is subject to the Reporting Requirements outlined in Section 3 of this
RFP.
8.
Customer Service.
The Service Provider must comply with the Customer Service Guidelines as outlined in
Exhibit E. The Service Provider must also:
a.
Treat Vehicle Owners with respect at all times;
b.
Provide accurate information to Vehicle Owners and not attribute to the CMPD,
CED, or the City any policy or practice of the Service Provider that has not been
specifically required by the City; and
c.
Refer a Vehicle Owner who has a complaint, concern or question pertaining to the
Service Provider or a request for Services by CED, to the City Project Manager for
CED within twenty-four (24) hours of the occurrence.
If the CED Motor Vehicle is on the street or other public property and the Vehicle Owner
refuses to cooperate, the Wrecker Driver must contact CMPD to assist with the tow. In this
case, the Wrecker Driver must contact CMPD by dialing 911 and request that a CMPD
police officer respond to the scene to assist in completing the tow. CMPD will prioritize the
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call in such a manner that a CMPD police officer should be able to respond within fifteen
(15) minutes in most cases. However, the City will not be liable for any costs to the Service
Provider for a failure of the CMPD police officer to arrive within fifteen (15) minutes.
After fifteen (15) minutes has passed, the Wrecker Driver may, in his/her discretion, leave
the scene to return at a later scheduled time within the following twenty-four hours,
accompanied by a CMPD police officer, in order to complete the tow.
If the CED Motor Vehicle is on private property and the Vehicle Owner refuses to
cooperate, the Wrecker Driver may contact CMPD to help facilitate the tow. If the Wrecker
Driver decides to contact CMPD to facilitate the tow, the Wrecker Driver must utilize the
procedures outlined in the previous paragraph regarding how to contact CMPD and
response time. While the CMPD police officer responding to the scene cannot enforce the
tow when the CED Motor Vehicle is on private property, the CMPD police officer will
inform the Vehicle Owner that the tow is pursuant to official City business, and that there is
a mechanism in place for appealing the tow. If the tow is refused, a warrant will be issued,
whereby CMPD, CED, and the Wrecker Driver will return to complete the tow.
If the Service Provider arrives at the scene to find unusual towing conditions that may
interfere with the tow (including, but not limited to, obstructions, locked fences, animals
and other vehicles) or if there is a concern for property damage, the Service Provider must
use its best efforts to legally alleviate the problem, without causing injury to people or
property, and provide the requested Services, prior to contacting CED.
In the event such conditions prevent the Service Provider from completing the tow despite
the Service Provider’s diligent efforts to alleviate the problem, the Service Provider must
contact the CED City Project Manager while at the scene and obtain instructions on how to
proceed. The City may give guidance over the phone or in person, in the City’s sole
discretion; however, if such guidance includes a request for Services that shall entail extra
or unusual charges, the City shall provide a written authorization for such prior to the
performance of such Services.
9.
Junk-Out Process.
Approximately, one (1) time per month, an authorized CED employee will Junk-Out Motor
Vehicles towed on CED authority and stored on the Service Provider’s premises. The CED
employee will provide in advance a list of Motor Vehicles to the Service Provider that are
stored on the Service Provider’s premises for at least thirty (30) days from the date of
listing, and that is subject to the Junk-Out process. The Service Provider shall not take
possession of CED towed Motor Vehicles, until the Junk-Out process takes place and CED
marks off the Motor Vehicles from their list. If thirty (30) days have passed since the Motor
Vehicle was towed, the Service Provider shall wait until CED determines and completes
the Junk-Out process. The Service Provider shall provide an employee to accompany and
assist the CED employee during the Junk-Out Process of towed CED Motor Vehicles. The
employee from the Service Provider shall be clearly identifiable by, but not limited to,
individual uniform with a name badge, name tag and/or identification card.
10.
Personal Property Claims.
Vehicle Owners may have access, supervised by an employee of the Service Provider, to
Motor Vehicles towed by CED for the purpose of collecting personal effects (such as
clothing, documents, tools, books, etc.) from the Motor Vehicle from 6:00 a.m. to midnight
every day, at no charge to the City or Vehicle Owner upon showing proof of Motor Vehicle
ownership. Vehicle parts, radios and other items that are installed inside or attached to the
Motor Vehicle are not considered personal effects for this purpose.
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11.
Moving Motor Vehicles to Access the Target Vehicle.
CED will pay the basic towing charge for the size of Vehicle that is blocking a targeted
Motor Vehicle. Motor Vehicles that are moved in order to access a targeted Vehicle must
be returned to the original location before the tow and to the extent that no damage will be
caused to the Motor Vehicle by returning it to the original location. The Service Provider
cannot charge additional amounts for placing the moved Motor Vehicle to its original
location, use of the dolly, cancellation, or winching. Invoices for moving a Motor Vehicle
in order to access a target vehicle must be submitted separately and state on the invoice that
the charge is for moving a Motor Vehicle to access a targeted Vehicle. The invoice must
also describe the Motor Vehicle location (address), Vehicle make, Vehicle model and
Vehicle color.
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3
EXHIBIT F – DIVISION WRECKER: BOUNDARIES & MAP OF DIVISIONS
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4
EXHIBIT G – DIVISION WRECKER: SAMPLE TOW-IN AND STORAGE REPORT FORM
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5
EXHIBIT H – DIVISION WRECKER: SAMPLE CDOT/PARK IT! RECEIPT
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6
EXHIBIT I – DIVISION WRECKER: SAMPLE CDOT TOW NOTICE STICKER
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7
EXHIBIT J – DIVISION WRECKER: SAMPLE SOFTWARE SCREENS
Service Provider required to complete this after every tow. All fields must be completed.
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Sample Motor Vehicle Search and Selection Screen:
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Sample Printed Report:
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EXHIBIT K – DIVISION WRECKER: SAMPLE CDOT/PARK IT! WRECKER
SPREADSHEET
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EXHIBIT L – NORTH CAROLINA GENERAL STATUTES AND CHARLOTTE CITY
CODE REFERENCE LIST
The following North Carolina General Statutes and Charlotte City Code sections
are referenced within this SAMPLE Contract.
Charlotte City Charter § 6.11
Charlotte City Code §§ 14-61 – 66
N.C.G.S. § 14-27.5A
N.C.G.S. § 14-32.1
N.C.G.S. § 14-33
N.C.G.S. § 14-34
N.C.G.S. § 14-34.6
N.C.G.S. §14-71
N.C.G.S. § 14-71.1
N.C.G.S. § 14-72
N.C.G.S. § 14-72.1
N.C.G.S. § 14-72.2
N.C.G.S. § 14-106
N.C.G.S. § 14-107
N.C.G.S. § 14-113.13
N.C.G.S. § 14-113.15
N.C.G.S. § 14-118
N.C.G.S. § 14-190.9
N.C.G.S. § 14-202
N.C.G.S. § 14-269
N.C.G.S. § 14-277.1
N.C.G.S. § 14-277.3
N.C.G.S. § 14-288.4
N.C.G.S. § 14-288.9
N.C.G.S. § 14-401.14
N.C.G.S. Chapter 20, Article 7A
N.C.G.S. § 20-101
N.C.G.S. Chapter 44A, Article 1
N.C.G.S. § 160A-301
N.C.G.S. § 160A-303
N.C.G.S. § 160A-303.2
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EXHIBIT M – DIVISION WRECKER: NEIGHBORHOOD & BUSINESS SERVICES
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