R-1112 - 07/26/2011 - AGREEMENT - ResolutionsRESOLUTION 2011- AG -EX1 -R -1112
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF A TOWING SERVICES AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND POWER'S TOWING SERVICE, INC.
WHEREAS, the Village and Power's 24 HR Towing Service, Inc. ( "Power's Towing ") desire to
execute an agreement for the provision of certain towing services to the Village ( "Towing Services
Agreement "); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Towing Services Agreement in substantially the form attached to, and by this
reference incorporated into, this Resolution as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Towing Services Agreement. The President and Board of
Trustees hereby approve the Towing Services Agreement by and between the Village and Power's
Towing in a form substantially the same as attached to this Resolution as Exhibit A and in final form
acceptable to the Village Manager and the Village Attorney.
Section 3: Authorization and Execution of the Towing Services Agreement. The Village
President and Village Clerk shall be, and hereby are, authorized to execute the final Towing Services
Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
APPROVED THIS 26`" day of July, 2011.
PASSED THIS 26`" day of July, 2011.
Ayes: Trustees
G. Lalmalani
President
, Manzo, Moy, Wolin, Yusuf and Zannis
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2011- AG -EXI -R -1112
Approving and Authorizing the Execution
of the Towing Services Agreement with Power's Towing Service
Page 2 of 12
EXHIBIT A
TOWING AGREEMENT (Power's 24 HR Towing Service. Inc.)
Resolution 2011.
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VILLAGE OF OAK BROOK
TOWING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this -day of AL
2011 by and between the Village of O rook, a Municipal Co oration of the State of Illi is,
hereinafter referred to as "Village" and hereinafter referred to
as "Contractor". (2 i Q- Q-,=P1 'C.
(To be completed by the Village upon award of contract)
WHEREAS, Contractor represents to the Village that Contractor has the expertise and is
qualified to perform the services described in the Agreement.
Now, therefore, in consideration of the mutual promises and obligations set forth herein,
the parties hereto agree as follows:
1. The foregoing preambles are restated and incorporated herein by reference as a
substantive part of this First Amendment as though fully set forth herein.
2. Contractor shall provide vehicle towing, storage and impounding services for all
vehicles when requested by the Village. Many of the vehicles to be towed will have become
disabled due to motor vehicle accidents. There will also be a number of service calls relating to
stolen vehicle recoveries, the arrest of the vehicle driver, abandoned vehicles, vehicles required
for evidentiary purposes and others. Village vehicles may also be towed from time -to -time.
3. RESPONSE TIME: Except for off -road or out -of- Village vehicle recoveries, the
Contractor shall respond with the proper equipment to the subject location within 15 minutes
after receiving Village's request for service.
4. SITE CLEAN UP: The Contractor shall promptly and thoroughly clean up debris
at the scene of accidents, including all vehicle parts and any other matter left in the roadway as
a result of the accident. All clean up shall be to the satisfaction of any officer on scene.
5. RELEASE OF VEHICLES: Prior to releasing any vehicle, Contractor shall require
the person or company requesting possession to present a copy of a picture identification
verifying ownership of the vehicle as indicated on the police report. No vehicle shall be released
without the written authority of the Village's Police Department via the official tow release.
6. RELEASE OF PERSONAL PROPERTY: Upon presentation of a picture
identification verifying ownership of the vehicle or written notarized authorization from the
owner, if the property is being sought by an agent of the owner, Contractor shall allow vehicle
owners or their agents to recover personal property from the vehicle at any time during normal
business hours and shall not require payment of any fee or charge prior to or as a condition of
such release. If the owner is incapacitated, the written authorization from the owner's adult next
of kin may be substituted for the notarized signature of the vehicle owner.
Resolution 2011 -
Approving and Authorizing the Execution
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7. NO OTHER CONDITIONS OF RELEASE: Except as listed herein, Contractor
shall not require any other documentation as a condition of or prior to release of vehicles or
personal property nor impose any other requirements to prevent owners or their agents from
obtaining possession of their vehicle or personal property.
8. NON DISCRIMINATION: Contractor shall comply with other applicable Village,
State and Federal laws, rules and regulations, including the Americans with Disabilities Act.
9. LICENSES: Contractor shall maintain in current status all
Federal, State and local licenses and permits required for the operation of the
business conducted by the Contractor as application to this contract.
10. USE OF ANOTHER TOW SERVICE: Contractor agrees and
understands that requests by motorists for another tow service will be honored if
the officer determines that the request is reasonable. The purpose of this
Agreement is to provide towing service for those motorists who do not have a
specific request for another tow service or are jncapable of making such a
request due to injuries or for other reasons.
11. EXPANSION OF BOUNDARIES: Village may occasionally
request service outside the Village limits for stolen vehicle recoveries or other
reasons. When such service is requested, Contractor is permitted to add the "per
mile" rate for the distance from the recovery site and back to the Village limits.
12. ADVERTISING, PUBLISHING AND PROMOTION OF
AGREEMENT: Contractor shall not use, advertise or promote information for
commercial benefit concerning this Agreement without the prior written approval of
Village.
13. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall
comply with all applicable Federal, State and local laws and with all applicable
license and permit requirements.
14. ACCEPTABLE PERFORMANCE: Contractor's performance is
subject to review and approval by the Village.
15. REQUIRED PERSONNEL, EQUIPMENT AND FACILITIES
A.. Equipment. The tow trucks shall have current inspection and certification by the
Illinois Department of Public Safety and shall maintain the certification throughout the
term of the Agreement. Contractor must be capable of responding and providing
service for any vehicle up to a minimum gross vehicle weight of 25,000 pounds.
B. Minimum Equipment Requirements. Contractor shall have sufficient number of
vehicles to respond to Village's peak demand of three (3) accidents simultaneously.
Contractor shall have a minimum of six (6) operational tow vehicles at all times. The
tow trucks shall be equipped with the proper complement of dollies, chains, slings,
bumpers and other equipment necessary to prevent damage to towed vehicles. Tow
trucks shall also be equipped with brooms, shovels, oil absorbent material and other
necessary equipment to clean up the site after removal of the vehicles.
Resolution 2011.
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C. Substitute Equipment Requirements. If any of Contractor's equipment is out of
service, Contractor shall be responsible for acquiring substitute equipment sufficient
to provide timely service on demand under this Agreement. Such substitute
equipment shall be considered Contractor's equipment for the purposes of this
Agreement and be operated by personnel of Contractor.
D. Truck Identification. Tow trucks shall have Contractor's name and telephone
number in letters a minimum of three (3) inches in height on both sides of the
vehicle.
E. Communications Equipment Requirements. Contractor shall have the ability to
communicate with drivers via radio, mobile telephone, or other like equipment so
that the Village's Police Department Communications Department shall have the
ability to communicate with the driver through Contractor's dispatch center as the
driver responds to a call. Contractor must be available by phone to the Police
Department 24 hours a day, 7 days a week.
F. Personnel Minimum Requirements. Contractor shall have available at all times
sufficient qualified personnel to operate the number of tow trucks necessary to
provide timely service. Such personnel shall be employees of Contractor. Each
driver shall be properly licensed with correct class license as required by the Illinois
Secretary of State. It shall be Contractor's responsibility to ensure that all drivers
maintain current licenses during the Agreement term.
16. DRIVER CONTACT: All drivers shall operate the tow trucks in a safe and prudent
manner and shall refrain from using profane or vulgar language in a public area while
performing work under this Agreement. Contractor shall prohibit the use of intoxicating
substances by all tow truck drivers and ensure that they do not either use or possess illegal
drugs while in the course of performing their duties under this Agreement. Employees of
Contractor who normally and regularly come into direct contact with the public shall be in a
reasonably clean uniform that, at a minimum, identifies the name of the tow company and the
individual. Contractor shall be fully responsible for drivers' actions.
17. STORAGE FACILITIES:
A. Lot Location. The Contractor's storage facility shall be located within an five (5) mile
radius of the geographical boundaries of the Village of Oak Brook. The storage
facility must meet all applicable village, state and federal requirements. Vehicles
shall be stored in the storage facility until released to the owner or other authorized
agent.
B. Location Prohibition. The storage facility shall not be located within a wrecking yard
that is in the business of dismantling vehicles.
C. Fencing. A fence of a minimum of six (6) feet in height is required. The fence may
be constructed from chain link, masonry, wood or equivalent as permitted by the
appropriate building and zoning regulations. Barbed wire or razor wire may be
provided at the top of the fence around the storage facility if permitted by law.
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D. Lighting. The storage area shall be sufficiently well lit.
E. Security. The fenced storage facility shall be locked when unattended. The
Contractor shall be responsible for the safe keeping of vehicles towed and for items
left in stored vehicles. All vehicles shall be kept within the fenced storage area until
released to the owner or authorized agent. Access to the storage facility shall be
limited to the Contractor's employees or individuals with a legitimate interest in
vehicles being stored. All individuals must be accompanied by an employee of
Contractor. The storage lot shall be dedicated to the storage of vehicles towed and
stored by Contractor.
F. Size. Contractor shall have sufficient space in the storage facility dedicated to the
storage of vehicles stored pursuant to this Agreement.
G. Storage Lot Availability. Contractor shall staff its vehicle storage facility twenty -four
(24) hours each day of the week. In the event that exigent circumstances do not
allow twenty -four (24) hour staffing in isolated and short term time periods, the
Contractor shall prominently post at the storage location a phone number for release
of vehicles.
18. REQUIRED RECORDS: Contractor shall maintain adequate records of every
vehicle towed at the request of the Village under the agreement showing the following:
A. Location of vehicle pick up
B. Location where vehicle taken
C. Date and time of the tow
D. Make, model and year of the vehicle
E. License number and state
F. Vehicle identification number
G. Name of person or business to whom vehicle released
H. Itemized tow and storage billing statements
19. INSPECTION OF FACILITY AND EQUIPMENT: Contractor shall permit and
make available for inspection all of its facilities and equipment by Village upon reasonable
notice and during normal business hours.
20. ALLOWED CHARGES: For all services provided under this Agreement,
Contractor may charge vehicle owners only those fees set forth herein at the rates and in the
amounts listed in the Price Sheet attached hereto as Exhibit A and incorporated herein by
reference.
21. FLAT RATE PER TOW FEE: CONTRACTOR may charge vehicle owners the
Flat Rate Per Tow. This fee covers all towing services 24 hours per day including weekdays,
weekends and holidays. The flat rate per tow fee includes all costs for hookups, winching,
preparation to tow, cleanup of debris, stand -by time, use of dollies when necessary, drive line
dropping, all labor incurred in the first hour, mileage, sealing of windows if necessary, the first
24 hours of storage, and delivery to the public roadway for subsequent tow if necessary. The
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allowable flat rate per tow fee is a flat rate for vehicles up to and including 25,000 Ibs
22. HOURLY RATE: Contractor shall charge the rate shown in Exhibit A (Bid
submitted by Power's 24 HR Towing Services, Inc.).
23. EXTRAORDINARY RECOVERIES: With prior written approval from the officer on
the scene, Contractor may charge an additional hourly fee for extraordinary recoveries, i.e., lake
recoveries, canals, swimming pools, etc. This fee will be in addition to the flat rate per tow fee.
24. MILEAGE: Contractor shall not charge a "cost per mile" tow charge when the tow
is made to the Contractor's storage facility. Contractor may charge the mileage charge shown
on Exhibit A only when: (1) the owner or agent requests that the vehicle be towed to a location
other than Contractor's storage facility; or (2) when a vehicle is towed from outside the Village
limits and then only for the mileage from the point of pick up to the Village limits.
25. PAYMENT BY VEHICLE OWNERS: All payments, except for vehicles towed for
evidentiary purposes, will be the responsibility of the vehicle owner and not Village. For
vehicles towed or stored for evidentiary purposes, the Village shall pay Contractor at the rates
shown on Exhibit A.
26. METHOD OF PAYMENT: Contractor shall and hereby agrees to accept all
reasonable forms of payment from vehicle owners, including, but not limited to, cash, credit
cards, debit cards, cashier's or certified checks, money orders.
27. TERMINATION FOR CONVENIENCE: Village reserves the right to terminate
this Agreement or any part thereof for its sole convenience for any reason or for no reason at
all. Contractor expressly waives any and all claims of any nature whatsoever against the
Village, its officers, agents and employees in the event that the Village elects to cancel this
Agreement. In the event of such termination, Contractor shall continue to provide storage
services for those vehicles already in their possession at the rates and for the allowable
charges listed in Exhibit A but Village will not request towing, storage or other services for any
additional vehicles.
28. CONTINUATION OF PERFORMANCE THROUGH TERMINATION: Contractor
shall continue to perform, in accordance with the requirements of this Agreement, up to the
date of termination, as directed in the termination notice.
29. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold harmless the Village, its President and Trustees, appointed boards
and commissions, officials, officers, employees individually and collectively; from and against all
losses, claims, suits, actions, payments and judgments, demands, expenses, damages,
including consequential damages and loss of productivity, attorney's fees, defense costs, or
actions of any kind and nature relating to, arising out of, or alleged to have resulted from
Contractor's work or services. Contractor's duty to defend, hold harmless and indemnify the
Village, its President and Trustees, appointed boards and commissions, officials, officers,
employees shall arise in connection with any claim or amounts arising or recovered under
Worker Compensation laws, damage, loss or expenses relating to, arising out of or alleged to
have resulted from any acts, errors, mistakes, omissions, work or services in the performance of
this Agreement including any employee of Contractor anyone directly or indirectly employed by
them or anyone for whose acts Contractor may be liable, regardless of whether it is caused in
part by a party indemnified hereunder, including the Village. It is the intention of the Parties to
Resolution 2011 -
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of the Towing Services Agreement with Powers Towing Service
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this Agreement that the Village, its President and Trustees, appointed boards and commissions,
officials, officers, employees, individually and collectively, are to be indemnified against their
own negligence unless and except their negligence is found to be the sole cause of the injury to
persons or damages to property. The amount and type of insurance coverage requirements set
forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
30. INSURANCE — Certificates of Insurance shall be presented to the Village within fifteen
(15) days after the receipt by the contractor of the Notice of Award and the unexecuted
contract, it being understood and agreed that the Village will not approve and execute the
contract until acceptable insurance certificates are received and approved by the Village.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook
and each permittee working under a permit as required pursuant to the provisions of Title 1
of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to
as 'Insured ") shall be required to carry such insurance as specified herein. Such contractor
and permittee shall procure and maintain for the duration of the contract or permit insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, either by the
contractor, permittee, or their agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage, provided that when the estimated cost of the
work in question does not exceed $25,000, the required limit shall be $1,000,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for
bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as
required by the Labor Code of the State of Illinois and Employer's Liability limits of
$1,000,000 per accident.
Any deductibles or self- insured retention must be declared to and approved by the Village.
At the option of the Village, either the insurer shall reduce or eliminate such deductible or
self- insured retention as respects the Village, its officers, officials, employees and
volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses to the extent of such deductible or
self- insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees and volunteers are to be covered
as additional insureds as respects: liability arising out of activities performed
by or on behalf of the Insured; premises owned, occupied or used by the
Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village, its officers, officials, employees, volunteers, or
agents.
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(2) The Insured's insurance coverage shall be primary insurance as respects the
Village, its officers, officials, employees, volunteers and agents. Any insurance
or self- insurance maintained by the Village, its officers, officials, employees,
volunteers or agents shall be in excess of the Insured's insurance and shall not
contribute with A.
(3) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Village, its officers, officials, employees, volunteers or
agents.
(4) The Insured's insurance shall apply separately to each covered party against
whom claim is made or suit is brought except with respect to the limits of the
insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers,
officials, employees, volunteers and agents for losses arising from work
performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail has been given to the Village. Each insurance
policy shall name the Village, its officers, officials and employees, volunteers and agents as
additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less
than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original
endorsements effecting coverage required by this provision. The certificate and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be on
forms approved by the Village and shall be subject to approval by the Village Attorney
before work commences. The Village reserves the right to require complete, certfied
copies of all required insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
31. This Agreement shall not be assigned by either party without the express written consent
of the parties, which consent may be withheld, in the sole discretion of the other parties.
32. This Agreement may not be amended except pursuant to a written instrument signed by
the parties.
33. If any one or more of the provisions of this Agreement shall be held by a court of
competent jurisdiction in a final judicial action to be void, voidable or unenforceable, then
this entire Agreement shall be null and void.
34. This Agreement is binding upon the successors and assigns of the parties.
Resolutton 2011.
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35. The waiver by either party of any breach or violation of any provision of this Agreement
shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or
violation of the same or any other provision of this Agreement.
36. This Agreement contains the entire understanding between the parties with respect to
the subject matter herein. There are no representations, agreements or understandings
(whether oral or written) between or among the parties relating to the subject matter of
this Agreement except those fully expressed herein.
37. This Agreement creates no rights, title or interest in any person or entity whatsoever
(whether under a third party beneficiary thereof or otherwise) other than the parties.
38. This Agreement may be executed in counterparts. Facsimile signatures shall be
sufficient.
39. Under no circumstances shall this Agreement be construed as one of agency,
partnership, joint venture or employment between the parties. The parties shall each be
solely responsible for the conduct or their respective officers, employees and agents in
connection with the performance of their obligations under this Agreement.
40. Each of the parties to this Agreement represents and warrants that it has the full right,
power, legal capacity and authority to enter into and perform its respective obligations
hereunder and that such obligations shall be binding upon such party without the
requirement of the approval or consent of any other person or entity in connection
herewith.
41. Statutory Provisions: The Contractor shall comply with the provisions of the
Employment of Illinois Workers on Public Works Act, 30 ILCS 570/0.01, et seq.; the Drug
Free Workplace Act, 30 ILCS 580/1, et seq.; the Human Rights Act, 775 ILSC 5/1 -101,
et seq.; and the Prevailing Wage Act, 820 ILCS 130/0.01, et seq.; the Veterans
Preference Act, 330 ILCS 55.0.01 et seq.; but nothing herein shall require the application
of those Acts unless required by state law.
42. Litigation/Venue. All disputes between Village and the Contractor shall, at the election
of either party, be the subject of a civil suit. Venue for any such suit shall be in the
Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois.
43. Notice or other writings which either party is required to, or may wish to serve upon the
other party in connection with this Agreement shall be in writing and shall be delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
The Village of Oak Brook
Attention: Village Manager
1200 Oak Brook Road
Oak Brook, Illinois 60523
Resolution 2011 -
Approving and Authorizing the Execution
of the Towing Services Agreement with Power's Towing Service
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44. This Agreement constitutes the entire Agreement of the parties and supersedes all
previous Agreements whether written or oral.
For the Village of Oak Brook:
By:
President
Date:
Attest:
Village Clerk
SEAL
For the Contractor:
By
Signature
nnted Name
Date:
Attest if Corporation:
Secretary
130nnue hfald rm
Printed Name
Resolution 2011 -
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of the Towing Services Agreement with Powers Towing Service
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VILLAGE OF OAK BROOK
TOWING SERVICES AGREEMENT
EXHIBIT A
Bid Submitted by Power's 24 HR Towing Service, Inc.
Village of Oak Brook
Towing Services
Bid Package
March, 2011
Table of Contents
Section
A. Notice to Bidders
C. Instructions to Bidders
Q. Specifications
E. Special Conditions
F. Statement of Bidder's Qualifications
G. References
H. Bid Certification
I. Contract
CONSENTS \2011 Towing Services.doc
3/3/2011 10:40:00 M
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CONSENTS \2011 Sowing Services.Eoc
3/3/2011 10:40:00 AM
Section A Notice to Bidders
The Village of Oak Brook will receive bids for:
Towing Services
Sealed bids will be received by Rania Serences, Purchasing Clerk, Village of Oak Brook,
1200 Oak Brook Road, Oak Brook, IL 60523 until 11:30 A.M., Wednesday, March 16,
2011 prevailing time, and publicly opened in the Samuel E. Dean Board Room at that
time.
A complete bid package, of which this legal notice is a part, is on file for inspection and
may be downloaded from the Village's website www.oak- brook.oro or picked up at the
Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between
the hours of 9 A.M. and 5 P.M. Monday through Friday. There is no charge for the
package.
No bid shall be withdrawn after opening of bids without the consent of the Village of Oak
Brook for a period of ninety (90) days after the scheduled time of opening bids.
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informalities in bidding and to accept the bid deemed most advantageous to it.
The Village of Oak Brook intends to award multiple contracts for towing services.
All prices will remain firm for one (1) year starting on the date of approval by the Village
Board of Trustees.
Charlotte Pruss
Village Clerk
CONTENTS \2011 Towing Services.doc
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Section B Bid
COST OF WORK:
The undersigned, acting for and on behalf of contractor and having familiarized himself
with conditions affecting the cost of the work and its performance and having carefully
examined and fully understood the entire bid package, hereby affirms and agrees to
enter into a contract with the Village of Oak Brook, Oak Brook, IL.
To provide all supervision, labor, material, equipment and all other expense items to
completely perform the work covered by the specifications in this Bid Package, including
completely assembling all items in an operable condition and delivering said items to the
Village of Oak Brook.
The Village of Oak Brook intends to award multiple contracts for towing services.
All prices will remain firm for one (1) starting on the date of approval by the Village Board
of Trustees.
The undersigned submits herewith his Unit Price Bids on the following pages.
CONTENTS \2011 Towing Services.doc
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Section C Instructions to Bidders
1. RECEIPT OF BID: Wednesday, the 16t' day, March, 2011; 11:30 A.M.
2. BASIS OF BID: Sealed bids will be received until the above noted time and date.
3. BID DESCRIPTION: Towing Services.
4. PREPARATION AND SUBMISSION OF BIDS:
A. The bid must be delivered to the office of the Purchasing Clerk, Village of Oak
Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before
Wednesday, 11:30 A.M., prevailing time, March 16, 2011, at which time it
will be publicly opened and read in the S. E. Dean Board Room of the Village
Hall. Bids received after this time will not be considered and will be returned
unopened.
B. Each bid shall be submitted on the exact form furnished. All blank spaces for
bid prices, unit costs and alternates must be filled in - -in ink - -in both words and
figures if indicated. In case of any discrepancy in the amount bid, the prices
expressed in written words shall govern.
C. Each bidder must complete, execute and submit with its bid a certification that
contractor is not barred from public contracting due to bid - rigging or bid
rotating convictions on the form included with the bidding documents.
D. Each bidder must submit a complete bid package, including the following
items:
1. Bid.
2. References.
3. Statement of Bidder's Qualifications.
4. Bid Certification.
5. Contract (Signed)
E. The bid shall be submitted in an opaque sealed envelope on or before the
time stated and shall bear the name of the individual, firm, or corporation
submitting the Bid and the Bid Name - `Towing Services ".
R Bidders may attach separate sheets to the bid for the purpose of explanation,
exception, alternate bid and to cover unit prices, if needed.
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G. Bidders may withdraw their bid either personally or by written request at any
time before the hour set for the bid opening, and may resubmit it. No bid may
be withdrawn or modified after the bid opening except where the award of
contract has been delayed for a period of more than ninety (90) days.
H. In submitting this bid, the bidder further declares that the only person or party
interested in the proposal as principals are those named herein; and that the
bid is made without collusion with any other person, firm or corporation.
The bidder further declares that he .has carefully examined this entire Bid
Package, and he has familiarized himself with all of the local conditions
affecting the contract and the detailed requirements of this work and
understands that in making the bid he waives all rights to plead a
misunderstanding regarding same.
The bidder further understands and agrees that if his bid is accepted, he is to
furnish and provide all necessary machinery, tools, apparatus, and other
means to do all of the work and to furnish all of the materials specified in the
contract, except such materials as are to be furnished by the owner (Village),
in the manner and at the time therein prescribed, and in accordance with the
requirements therein set forth.
K. The bidder further agrees that if the Village decides to extend or shorten the
work, or otherwise alter it by extras or deductions, including elimination of one
or more of the items, as provided in the specifications, he will perform the
work as altered, increased or decreased.
L. The bidder further agrees that the Village representative may at any time
during the progress of the work covered by this Contract, order other work or
materials incidental thereto and that all such work and materials as do not
appear in the bid or contract as a specific item covered by a lump sum price,
and which are not included under the bid price for other items in the Contract,
shall be performed as extra work.
M. The bidder shall submit a fully executed Contract and Contractor's
Certification as a part of his Bid.
N. By submitting a bid, the bidder understands and agrees that, if his bid is
accepted, and he fails to enter into a contract forthwith, he shall be liable to
the Village for any damages the Village may thereby suffer.
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5.
A
A. Certain materials and equipment are specified by a manufacturer or trade
name to establish standards of quality and performance and not for the
purpose of limiting competition. Bidders are invited to submit bids not only on
named items but also on items which they propose for substitution of named
items. Products of other manufacturers may be substituted, if, in the opinion
of the Village, they are equal to those specified in quality, performance, design
and suitability for intended use. Where two or more items are specified, the
selection among those specified is the bidder's option, or he may submit his
bid on all such items.
B. Bids shall be based on materials included in the specifications. Substitutions
for the purpose of evaluating bids will be considered only if proposed
substitutions are set forth in the sealed bid and will only be accepted prior to
the award of the contract. The offer of substitutions shall be an integral part of
the bid, appearing immediately after all requested bids and before the
signature of the bidder.
C. Substitutions of materials other than those specified will not be considered in
the base bid price. However, other substitutions may be listed in the specified
place in the Bid Form, with the indication of the change in the base bid price
for the total cost.
D. In addition to the requirements heretofore mentioned, in order for substitutions
to qualify for consideration, the following shall accompany each bid:
1. Each proposed substitution shall be itemized showing manufacturer name,
catalog number, quantity, unit cost and total cost. the bidder shall prepare
the necessary forms to list his substitutions in the manner outlined.
2. Each bid offering substitutions shall be accompanied by descriptive
literature, catalog data, complete technical specifications and reports
of all pertinent tests concerning the bidder's proposed substitutions
A. The Village is exempt from Federal excise tax and the Illinois Retailer's
Occupation Tax.
taxes
B. To be valid, the bids shall be itemized so that selection for purchase may be
made, there being included in the price of each unit the cost of delivery (FOB
Destination).
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C. The Village shall reserve the right to add or to deduct from the base bid and/or
alternate bid any item at the prices indicated in the itemization of the bid.
D. All bids shall be good for ninety (90) days from the date of the bid opening.
7. BASIS OF AWARD:
The Village of Oak Brook reserves the right to reject any or all bids and to waive any
informality or technical error and to accept any bid deemed most favorable to the
interests of the Village of Oak Brook. In addition to price, the Village will consider:
A. Ability, capacity and skill to fulfill the contract as specified.
B. Ability to supply the commodities, provide the services or complete the
construction promptly, or within the time specified, without delay or
interference.
C. Character, integrity, reputation, judgment, experience and efficiency.
D. Quality of performance on previous contracts.
E. Previous and existing compliance with laws and ordinances relating to the
contract.
F. Sufficiency of financial resources.
G. Quality, availability and adaptability of the commodities, services or
construction, in relation to the Village's requirements.
H. Ability to provide future maintenance and service under the contract.
Number and scope of conditions attached to the bid /proposal.
J. Record of payments for taxes, licenses or other monies due the Village.
8. PAYMENT:
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9. INDEMNIFICATION:
The Contractor shall protect, indemnify, save, defend and hold forever harmless the
Village and/or its officers, officials, employees, volunteers and agents from and
against all liabilities, obligations, claims, damages, penalties, causes of action, costs
and expenses, including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its officers, officials,
employees, volunteers and agents may incur, suffer or sustain, or for which the
Village and/or its officers, officials, employees, volunteers and agents may become
obligated by reason for any accident, injury to or death of persons or loss of or
damage to property, or civil and/or constitutional infringement of rights (specifically
including violations of the Federal Civil Right Statutes), arising indirectly or directly in
connection with or under, or as a result of, this or any Agreement by virtue of any
act or omission of any of the Contractor's officers, employees, subcontractors,
and/or agents, provided that the Contractor shall not be liable for claims,
obligations, damages, penalties, causes of action, costs and expenses arising
solely by any act or omission of the Village's officers, officials, employees,
volunteers and/or agents.
The contractor shall hold the Village harmless for any and all claims for labor,
material, apparatus, equipment, fixtures or machinery furnished to the contractor for
the purpose of performing the work under the contract; and the payment of all direct
and indirect damages to any person, firm, company or corporation suffered or
sustained on account of the performance of such work during the time the contract
is in force.
10. SAFETY:
The contractor and any subcontractors shall comply with all the provisions of the
Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
11. NON - DISCRIMINATING:
The Vendor, its employees and subcontractors, agrees not to commit unlawful
discrimination and agrees to comply with applicable provisions of the Illinois
Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal
Rehabilitation Act, and rules applicable to each.
12. INSURANCE:
Certificates of Insurance and Additional Insured Endorsement shall be presented to
the Village within fifteen (15) days after the receipt by the contractor of the Notice of
Award and the unexecuted contract, it being understood and agreed that the Village
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will not approve and execute the contract nor will the bid guarantee be returned until
acceptable insurance certificates are received and approved by the Village.
Each contractor performing any work pursuant to a contract with the Village of Oak
Brook and each permittee working under a permit as required pursuant to the
provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village of Oak
Brook (hereinafter referred to as 'Insured ") shall be required to carry such insurance
as specified herein. Such contractor and permittee shall procure and maintain for
the duration of the contract or permit insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance
of the work under the contract or permit, either by the contractor, permittee, or their
agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000.00 combined single limit per occurrence for
bodily injury, personal injury and property damage; provided that when the
estimate cost of the work in question does not exceed $25,000, the required
limit shall be $1,000,000.00.
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per
accident for bodily injury and property damage; provided that when the
estimated cost of the work in question does not exceed $5,000, the required
limit shall be $500,000.
C. Workers Compensation and Employer's Liability - Worker's Compensation
limits as required by the Labor Code of the State of Illinois and Employer's
Liability limits of $1,000,000 per accident.
Any deductibles or self - insured retention must be declared to and approved by the
Village. At the option of the Village, either the insurer shall reduce or eliminate such
deductible or self- insured retention as respects the Village, its officers, officials,
employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses to the extent of such deductible or self - insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of
activities performed by or on behalf of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no special
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limitations on the scope of protection afforded to the Village, its officers,
officials, employees volunteers or agents.
(2) The Insured's insurance coverage shall be primary insurance as
respects the Village, its officers, officials, employees, volunteers and
agents. Any insurance or self - insurance maintained by the Village, its
officers, officials, employees, volunteers or agents shall be in excess of
the Insured's insurance and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Village, its officers, officials, employees,
volunteers or agents.
(4) The Insured's insurance shall apply separately to each covered party
against whom claim is made or suit is brought except with respect to the
limits of the insurer's liability.
E. Worker's Compensation and Employers Liability Coverage
The policy shall waive all rights of subrogation against the Village, its
officers, officials, employees, volunteers and agents for losses arising
from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either parry, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail has been given to
the Village. Each insurance policy shall name the Village, its officers, officials and
employees, volunteers and agents as additional Insureds. Insurance is to be
placed with insurers with a Best's rating of no less than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with
original endorsements effecting coverage required by this provision. The
certificate and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms approved by the Village and shall be subject
to approval by the Village Attorney before work commences. The Village reserves
the right to require complete, certified copies of all required insurance policies, at
any time.
Each insured shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated
herein.
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13. EQUAL OPPORTUNITY:
14.
The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, ancestry, national origin, place of
birth, age or handicap unrelated to bona fide occupational qualifications.
The Contractor shall comply with all Illinois statutes pertaining to the selection of
labor.
Whenever there is a period of excessive unemployment in Illinois, which is defined
herein as any month immediately following 2 consecutive calendar months during
which the level of unemployment in the State of Illinois has exceeded 5 percent as
measured by the United States Bureau of Labor Statistics in its monthly publication
of employment and unemployment figures, the Contractor shall employ only Illinois
laborers. "Illinois laborer' means any person who has resided in Illinois for at least
30 days and intends to become or remain an Illinois resident.
Other laborers may be used when Illinois laborers as defined herein are not
available, or are incapable of performing the particular type of work involved, if so
certified by the Contractor and approved by the Municipality. The Contractor may
place no more than 3 of his regularly employed non - resident executive and
technical experts, who do not qualify as Illinois laborers, to do work encompassed
by this Contract during a period of excessive unemployment.
This provision applies to all labor, whether skilled, semi - skilled or unskilled,
whether manual or non - manual.
15. EXECUTION OF DOCUMENTS
The Contractor, in signing his Bid on the whole or on any portion of the work, shall
conform to the following requirements:
Bids signed by an individual other than the individual represented in the Bid
documents shall have attached thereto a power of attorney evidencing authority to
sign the Bid in the name of the person for whom it is signed.
Bids which are signed for a partnership shall be signed by all of the partners or by
an attomey -in -fact. If signed by an attorney -in -fact, there shall be attached to the
Bid a power of attorney evidencing authority to sign the bid, executed by the
partners.
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Bids which are signed for a corporation, shall have the correct corporate name
thereof and the signature of the President or other authorized officer of the
corporation manually written below the corporate name.
If such Bid is manually signed by an official other than the President of the
Corporation, a certified copy of a resolution of the board of directors evidencing the
authority of such official to sign the Bid should be attached to it. Such Bid shall
also bear the attesting signature of the Secretary of the corporation and the
impression of the corporate seal.
The Contract shall be deemed as have been awarded when formal notice of award
shall have been duly served upon the intended awardee.
16. PREVAILING RATE OF WAGES:
All wages paid by the Contractor and each subcontractor shall be in compliance
with The Prevailing Wage Act (820 ILCS 130), as amended, except where a
prevailing wage violates a federal law, order, or ruling, the rate conforming to the
federal law, order, or ruling shall govern. The Contractor shall be responsible to
notify each subcontractor of the wage rates set forth in this contract and any
revisions thereto. If the Department of Labor revises the wage rates, the revised
rate as provided by the public body shall apply to this contract and the Contractor
will not be allowed additional compensation on account of said revisions.
Contractor will comply with the Illinois prevailing wage law, as amended from time
to time. Not less than the prevailing rate of wages as found by Owner or the Illinois
Department of Labor shall be paid to all laborers, workers and mechanics
performing work under the Contract. If the Department of Labor revises the
prevailing rate of wages to be paid laborers, workers or mechanics under the
Contract, Owner will notify Contractor and each Subcontractor of the change in the
prevailing rate of wages; provided, however, regardless of whether Owner gives
such notice, the revised prevailing rate of wages shall apply to the Contract and
Contractor shall have the sole responsibility and duty to pay, and ensure that all
Subcontractors pay, the revised prevailing rate of wages to each person to whom a
revised rate is applicable. Revision of the prevailing wages shall not result in an
increase in the Contract sum or other cost to Owner. Contractor shall indemnify,
defend and hold Owner harmless from any loss, including but not limited to
Owner's attorneys fees, resulting from Contractor's failure to comply with this
prevailing wage clause. All bonds applicable to the Contract shall include a
provision as will guarantee the faithful performance of the obligation to pay the
prevailing rate of wages.
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The Contractor and each subcontractor shall make and keep, for a period of not
less than 3 years, records of all laborers, mechanics, and other workers
employed by them on the project; the records shall include each worker's name,
address, telephone number when available, social security number, classification
or classifications, the hourly wages paid in each period, the number of hours
worked each day, and the starting and ending times of work each day. The
Contractor and each subcontractor shall submit monthly, in person, by mail, or
electronically a certified payroll to the public body in charge of the project. The
certified payroll shall consist of a complete copy of the records. The certified
payroll shall be accompanied by a statement signed by the contractor or
subcontractor which states that:
(i) such records are true and accurate;
(ii) the hourly rate paid to each worker is not less than the general prevailing
rate of hourly wages required; and
(iii) the contractor or subcontractor is aware that filing a certified payroll that
he or she knows to be false is a Class B misdemeanor.
Upon 2 business days' notice, the contractor and each subcontractor shall make
available for inspection the records to the public body in charge of the project, its
officers and agents, and to the Director of Labor and his deputies and agents at
all reasonable hours at a location within this State. The Contractor and each
subcontractor shall permit his /her employees to be interviewed on the job, during
working hours, by compliance investigators of the Department or the Department
of Labor.
17. COPIES OF DOCUMENTS
The number of copies of Contract required to be executed is as follows:
a)Two (2) original counterparts of the Contract documents will be required
to be executed.
18. INDEPENDENT CONTRACTOR:
There is no employee /employer relationship between the CONTRACTOR and
the VILLAGE. CONTRACTOR is an independent contractor and not the
VILLAGE'S employee for all purposes, including, but not limited to, the
application of the Fair Labors Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS
305/1, et seq.). The VILLAGE will not (i) provide any form of insurance
coverage, including but not limited to health, worker's compensation,
professional liability insurance, or other employee benefits, or (ii) deduct any
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taxes or related items from the monies paid to CONTRACTOR. The
performance of the services described herein shall not be construed as creating
any joint employment relationship between the CONTRACTOR and the
VILLAGE, and the VILLAGE is not and will not be liable for any obligations
incurred by the CONTRACTOR, including but not limited to unpaid minimum
wages and /or overtime premiums, nor does there exist an agency relationship or
partnership between the VILLAGE and the CONTRACTOR.
19. ASSIGNMENT
Neither the VILLAGE nor the CONTRACTOR shall assign or transfer any rights
or obligations under this Agreement without the prior written consent of the other
party, which consent shall not be unreasonably withheld.
20. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Illinois as to
interpretation, performance and enforcement. The forum for resolving any
disputes concerning the parties' respective performance or failure to perform
under this Agreement shall be the Circuit Court for the Eighteenth Judicial
Circuit, DuPage County, Illinois.
21. CONTRACT TERM
This contract is for one (1) year. The Contract is subject to the right of the Village
to cancel and terminate the same at any time, with or without cause, by giving not
less than ten (10) days notice to the Contractor. The Village has the sole option to
negotiate a price for one additional year.
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pal
Section D Specifications
The following specifications "are the requirements of the Village of Oak Brook (Village)
for the provision of towing services for abandoned and non - abandoned vehicles and
Village disabled vehicles.
It is the intent of this contract is to:
(1) Assist in maintaining the safe condition of Village streets by promptly
clearing roadways of accidents, vehicles in violation of Village ordinances,
disabled and abandoned vehicles. This is critical to the safe flow and
efficient movement of citizens and their vehicles.
(2) Release police officers from the scene in a timely manner to return to
other duties. This is critical to ensure that officers are available to serve
and protect Oak Brook citizens.
(3) Provide citizens with an option for their towing needs.
The Village of Oak Brook intends to award multiple contracts for towing services. The
contract will include both abandoned and non - abandoned vehicles and Village of Oak
Brook vehicles that have become disabled, including the provision of flat tire changing
services to Village of Oak Brook vehicles. Also included are tows of Village vehicles to
repair facilities. Village vehicles will not be towed to the contractor's storage yard.
This towing service contract shall be in effect until: (1) the insurance company,
customer or customer's agent takes possession of the vehicle or, (2) the contractor is
instructed by the insurance company, customer or customer's agent to tow the vehicle
to another location or, (3) until the contractor takes title by reason of abandonment.
IDENTIFICATION The contractor's tow trucks shall have the contractor's name painted
on sides and shall display a valid Certificate of Safety. All drivers shall carry business
cards in order that the Oak Brook Police Department may provide the contractor's
business card to the owner or driver of the towed vehicle.
The contractor shall display an appropriate permanent facility sign with the proper name
and address of the business. It must be visible from the public street. Sign must be
made of weatherproof material and must comply with applicable codes.
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The contractor shall supply the Village with a single 24 hour telephone number for
requests for towing, flat tire, gas and lock -out service. The contractor shall have the
telephone number prominently posted at the storage location for after -hour release of
vehicles and the contractor shall provide for after -hour release of vehicles. There shall
be only one phone number used to contact the contractor. Contractor is responsible for
any coordination and communications with a sub - contractor.
VEHICLES, EQUIPMENT AND SUPPLIES The contractor shall provide sufficient tow
trucks, equipment, and supplies for operation of the tow service to adequately handle
the volume and variety of anticipated calls at the time of bid submission.
The contractor's tow trucks shall have a two -way radio system, or mobile phones, with
24 hour dispatching.
All such vehicles shall be equipped, maintained and operated in accordance with the
laws of the State of Illinois. All such vehicles shall have a valid Certificate of Safety.
The contractor must have a telephone answering machine, or voice mail, to receive
customer phone calls when the business office is vacant and for calls received outside
of normal business hours.
FACILITIES The contractor shall provide a properly zoned, fenced, lighted storage area
(primary and secondary lot) that shall provide adequate security. This must include a
monitoring system, or an electronic alarm monitoring system, with 24/7 monitoring and
adequate security fencing.
Vehicles shall not be stored at any location other than as recorded with and approved in
writing by the Police Department.
The lot(s) must be appropriately zoned.
The storage lot must be located within five (5) miles of the geographical boundaries of
the Village of Oak Brook.
The contractor shall have a business office at the location of the primary storage facility,
suitable for conducting business with customers. Customer's records must be retained
electronically or manually on -site in this office.
The contractor shall be responsible and is liable for the safekeeping of vehicles towed
and for items left stored in the vehicles.
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The contractor must have as its primary storage lot location, an existing lot operating as
a towed vehicle storage lot, which satisfies the facility requirements of this proposal at
the time of submission.
At a minimum, the contractor's storage lot shall have a security system that includes
operable monitoring system, or an operable electronic alarm monitoring system. The
system used by the contractor must be monitored at all times outside normal business
hours.
The contractor will release the customer's vehicles within 30- minutes of completing the
identification transaction and financial arrangements for the specific tow and storage. A
customer's vehicle will not be subject to an extra day's storage charge due to excessive
customers or slow business transactions. Customer lines at the end of a normal
business day will not qualify charging for after hours or an extra day of storage,
providing the customer was present prior to the close of business.
If for some reason, the contractor cannot provide or conduct a transaction within thirty
(30) minutes, all storage fees will stop and the contract will have to adjust such charges
reflecting the time frame that the customer was present.
PERSONNEL The contractor shall staff their vehicle storage facility with qualified staff
during normal business hours for the purpose of vehicle release or appraisal.
The contractor shall have available sufficiently trained and qualified personnel for the
operation of the required tow trucks, office and dispatching staff as specified at the time
of bid submission.
The contractor shall hire, train and supervise all drivers in accordance with the laws of
the State of Illinois.
All drivers used/supplied by the bidder, unless the bid is submitted with the intent to
subcontract with another towing company, shall be employees of the bidder.
The Contractor's drivers, office and dispatching staff and subcontracted drivers and
staff shall provide services in a polite and courteous manner and shall refrain from
using profane or vulgar language.
BUSINESS HOURS Normal business hours for the lot are defined as 8:00 A.M. to 5:00
P.M. Monday through Friday, and 8 A.M. to 12:00 P.M. Saturday, except the following
holidays: New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas Day.
The contractor shall provide for release of vehicles outside of normal business hours, at
customer's request. The fee shall be a flat rate per vehicle.
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The contract towing services shall be available twenty-four (24) hours a day every day
of the year.
ORGANIZATIONAL STATUS This contract is not intended to and shall not constitute,
create, give rise to or otherwise recognize a joint venture, partnership agreement or any
other formal business organization or association of any kind between the parties and
the rights and obligations of the parties shall be only those expressly stated in this
contract. The parties hereby agree that no person supplied by the contractor in the
performance of this contract shall be an employee of the City and further agree that no
right of the Village's Civil Service, retirement or personnel rules shall accrue to such
persons. The contractor shall have the total responsibility for all salaries, wages,
bonuses, retirement, withholdings, Workmen's Compensation and occupational disease
compensation insurance, all unemployment compensation, other benefits and all taxes
and premiums pertinent thereto concerning any person(s) supplied by the contractor in
the performance of this contract, and contractor shall indemnify and hold the Village
harmless with respect thereto.
ASSIGNS AND SUB CONTRACTS Bids submitted with the intention to subcontract
with another towing company, will only be considered if, (1) the number of
subcontractors is limited to one firm; (2) the bidder identifies subcontractor; (3) the
bidder(s) listed subcontractor is not listed by any other bidder(s); and, (4) all drivers the
subcontractor intends to use /supply are certified by the subcontractor to be employees
(not independent contractors) of the subcontractor.
Subcontract for towing equipment and services shall include all the terms and
conditions set forth herein which shall apply with equal force to the subcontractor, as if
the subcontractor were the Village's contractor. The contractor is ultimately responsible
for contract performance and compliance, whether or not a subcontractor is used.
If the bidder submits a bid as a joint venture, the joint venture agreement itself is not
considered to be a contract/subcontractor arrangement. There shell be no assignment,
subletting, or transfer of the interests of the contractor in any of the work covered by
this Contract without the written consent of the Village of Oak Brook. In the event the
Village gives such consent, the terms and conditions of this contract shall apply to and
bind the party or parties to whom such work is consigned, sublet or transferred.
Any attempted assignment, subletting or transfer of the interests of the contractor either
in whole or in part, without such consent, shall be null and void and in such event, the
Village will have the right to immediately terminate this contract for default.
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STORAGE CHARGE Storage charge may only be imposed for each 24 hour period or
portion thereof for which towed vehicle remains in the contractor's storage lot. The 24
hour period begins for each vehicle at the time the vehicle is off hook at the storage lot.
The storage charge is to include, but not limited to:
• 24 hour storage periods
• customer, customer's agent or insurance company access to the vehicle
• movement of the vehicle within the yard for the contractor's yard
management,
• movement of the vehicle within the yard in preparation for towing of the
vehicle out of the lot by customer or customer's agent ,insurance
company or contractor.
The only authorized charges are those submitted and accepted by the Village of Oak
Brook. Those charges are to be listed in the FEE SCHEDULE Table included in this
proposal. The only exception would be, with the authorization of the customer, to make
a minor repair to make the vehicle drivable. Examples would be, but are not limited to
repairing or replacing radiator, tires, batteries, steering column, straightening fenders
and taping windows for interior protection.
RESPONSE TIME Response time shall be calculated from the time the Village
completes its notification to the contractor of a request for service to the time the
contractor arrives at the scene of the request for service. Response times will generally
be within thirty (30) minutes with an optimum response time of fifteen (15) minutes.
The Village may conduct response time evaluations to determine compliance. The tow
request log will be the appropriate documentation for response audits and complaint
issues.
The contractor is fully responsible for assuring that all tow services arising from this
contract are billed the correct and applicable contract price. Prices shall include any
applicable taxes.
PRICE ADJUSTMENTS Prices made pursuant to this contract shall be for a one -year
period, after the execution of this contract, with the sole option of the Village to
negotiate rates for an additional year.
EXTRAORDINARY SITUATIONS The Village of Oak Brook recognizes that
extraordinary circumstances may require the tow provider to deviate from their
approved fee schedule. Extraordinary situations shall be defined as burned vehicles,
mountainside vehicles, vehicles in lakes, canals, or pools, or vehicles in areas requiring
a four wheel drive tow truck or special equipment. Burned vehicles are described as
vehicles burned beyond the engine compartment, and /or with at least three (3) tires lost
as a result of the fire. Extraordinary situations charges shall be pro-rated in 15 minute
CONTENTS \2011 Sowing Services.doc
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5
increments and shall only encompass the time spent on recovery of the vehicle to a
towable position. In the event of an extraordinary situation, the contractor shall
document their invoice describing the situation in sufficient detail.
COEIE=S \2011 Towing Services.doo
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Section E General Conditions
Not applicable.
CONTENTS \2011 Towing Serviees.doc
313/2011 10:40:00 AM
Section F Statement of Bidder's Qualifications
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on separate
attached sheets. The Bidder may submit any additional information he or she desires.
1. Name of Bidder: 1,pvrss pydt jo•✓irrf SrX✓�r���„o
2. Permanent main office address: "W Liil--
3. When organized: ? ? /SAY
4. If a corporation, where incorporated: /a &Xsf<
5. How many years have you been engaged in the contracting business under your
present firm or trade name: o y -w<
5. Have you conducted a towing business under any other firm or trade name? If so,
please list the firm or trade names below:
D
6. Contracts on hand: (Schedule these, showing mount of each contract and_ the
appropriate anticipated dates of completion)
7. General character of work performed by your company: ;%&.Nf .s , - ro. -0.4 y
8. Have you ever defaulted on a contract:. ,vo
9. List, on an attached sheet, the more important projects recently completed by your
company, stating the approximate cost for each, and the month and year
completed. Include a contact person and phone # for each.
10. List your major equipment available for this contract. l?VR
11. Experience in work similar in importance to this
�S/? V l+d�tAfo . ts✓. Dit. N�<<siv� 1/,
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12. Background and expen nce of the principal members of your organization,
including the officers. e-z"' el<s.r-eze, 11,x " -yro1J PIP t%iur -A- 010 7,,0"
�/�'ovr+sov{, ff0/�t4i9i �O�Gjilt" S�.a�.L.riset.
13. Credit available:
14. Bank reference: %�.5�9s1 �ixsv.�e� T f'eaoJ
15. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Village of Oak Brook: Yca
16. The undersigned hereby authorizes and requests any person, firm, or corporation
to furnish any information requested by the Village of Oak Brook in verification of
the recitals comprising this Statement of Bidder's Qualifications.
DATED at c Illinois this I day of q&4 2011.
sir/
By:
Title
STATE OF ILLINOIS )
) SS.
COUNTY OF )
/ being duly sworn deposes and says that he is the
of and that the answers to the
foregoing questions and all statements therein contained are true and correct.
SUBSCRIBED and sworn to before me this day of
2011.
OFFICIAL SM
BONNAE WALDRON
Notary public • Stwe of lMnole
My Commissbn Expires Apr 28, 2014
CONTENTS \2011 Towing Services.doc
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-4�-Pvm>` �A'(i.Qi'L1.EVl
Notary Public
Section G References
Bidder shall supply the following information listing customers for which the bidder has
supplied a similar type of commodities, service, or construction.
1. Company Name: ���'� lo';'r"«f a
Address: 0-11 j..rozsz>,o A,v A,s %v<, `e `�/
Phone #: oFs'7-o7,W 3�t<io
Contact: <as e"; -,P . f a
2. Company Name: lsR ,Oirru <T if «.vsrJ
Address: ,?yco AfDzAJ %a•PA)<zs ,r ,P0 r �i G'OSi f
Phone #: C3b- ,7Y / -`7ev ,( ,sv'N
Contact: /�,Co °,c f y yie� 9,e ✓E".0 vices i a�
3. Company Name: i�.tsri�
Address:
Phone #: 76t'- YS/ /- Ci�a
Contact: fvi ev ,45A 4"
4. Company Name: ALIowfO✓irfl 4/. ?
Address: ?dsa s D.f'r �,coeor�e'� , rc Goiss'
Phone #: 7 ob- ds%i - /ay
Contact: Avc .lizrro <� �i1�ef�
5. Company Name: Lf>lsIlY�csra L / /i�
Address: /DdO,^ �oos�yrc/ wcsii»'rfrtL,��i Geis`/
Phone #: 708 - Xv-v = ®o!°
Contact: St! ✓P_
CONTENTS12011 Towing Services.doc
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Section H Bid Certification
The undersigned, being first duly sworn an oath, deposes and states that he has the
authority to make this certification on behalf of the bidder for the construction, product,
commodity, or service briefly described as follows:
"Towing Services ".
(A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the
Illinois Compiled Statutes, 1993, the bidder is not barred from bidding on this
contract as a result of a conviction for the violation of State of Illinois laws
prohibiting bid - rigging or bid- rotating.
(B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-
42.1-1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the
payment of any tax administered by the Illinois Department of Revenue.
(C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2 -105. of the
Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy
in place including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights and the Human
Rights Commission.
6. Directions on how to contact the Department or the Commission.
CONSENTS \2011 Towing Services.doc
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This busine firm is: (check one)
Corporation Partnership Individual
Firm Name: 'Awe "j. axod -X- i ,vial Scar r� ,1.�C
Address: y7a.1 �a�soyrc� A p
City, State, ZIP:wye ripe J-t - „?,Oxfam
Name
Title:
Telephone:7eP- Date:
OFFlCIALSEAL
ATTEST: 9ONNAE WALDRON
No*ry Pubfic - State of Ilfmots
My Commission Expires Apr 20, 2014
-SEAL-
SUBSCRIBED AND SWORN TO
before me this ° day
of g0%Ch 2,0Q 11.
��rCj�YLY1,(,lQ, '� L�Va- Q- Gi/IAri,
Notary Public
CONTENTS \2011 Towing Serwices.doc
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Section I Contract
(To Be Signed and Submitted as a part of Bid Package)
Towing Services
THIS AGREEMENT, made and concluded this day of . 2011,
between the Village of Oak Brook, a municipal corporation, acting by and through
its President and Board of Trustees, known as VILLAGE, and to i ew,
his executors, administrators, successors or assigns, known as CONTRAC n R.
2. W ITNESSETH: That for and in consideration of the payments and agreements
mentioned in the Bid hereto attached, to be made and performed by the VILLAGE,
and according to the terms expressed in the Bond (if applicable) referring to these
presents, the CONTRACTOR agrees, at their own proper cost and expense, to do
all work, furnish all materials and all labor necessary to complete the work in
accordance with the plans and specifications hereinafter described, and in full
compliance with all of the terms of this Contract.
3. PERIOD OF CONTRACT: This Contract will be in full force for the current
calendar year, beginning on the date of the Contract. This Contract is subject to
the right of the VILLAGE to cancel and terminate the same at any time, with or
without cause, by giving not less than ten (10) days notice to the CONTRACTOR.
In the event of such cancellation, the CONTRACTOR shall be entitled to receive
payment for services and work performed and materials and equipment furnished
under the terms of the Contract prior to the effective date of such cancellation, but
shall not be entitled to receive any damages on account of such cancellation or
any further payment whatsoever.
4. And it is also understood and agreed that the entire Bid Package hereto attached,
approved by the VILLAGE this day of 2011, are all essential
documents of this contract and are a part hereof.
5. IN WITNESS WHEREOF, the said parties have executed these presents on the
above mentioned date.
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ATTEST: VILLAGE OF OAK BROOK
By
Village Clerk John W. Craig
Village President
ATTEST:
�p.yot s e7 ✓.�'a�+�G T .viol Six ✓iio; .rNc
Corporate Name
By
Secretary Contractor
Partners doing Business under (If a Co- Partnership)
the firm name of
Party of the Second Part (If an Individual)
Party of the Second Part
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SEXUAL HARASSMENT CERTIFICATE
A ,rrrc �cw. s4z..rr loc hereinafter referred to as "Contractor"
'having submitted a bid/proposal for '0PA wzs ZjoeA"PW a✓•rrto the Village of
Oak Brook, DuPage /Cook Counties, Illinois, hereby certifies that said Contractor has a
written sexual harassment policy in place in full compliance with 775 ILCS 5/2- 105(A)(4)
including the following information:
1. An acknowledgment of the illegality of sexual harassment.
2. The definition of sexual harassment under State law.
3. A description of sexual harassment, utilizing examples.
4. The contractor's internal complaint process including penalties.
5. The legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights and the Human Rights Commission.
6. Directions on how to contact the Department or the Commission.
7. An acknowledgment of protection of a complaint against retaliation as provided in
Section 6 -101 of the Human Rights Act
Each contractor must provide a copy of such written policy to the Illinois Department of
Human Rights upon request.
OFFICIAL SEAL
SQNNAE WALDRON
NOfery PuhOc - SW9 of Owls
My COMIBSIon Exphs Apr 28,2014
Subscribed and sworn to
before me this r day
of -fYlay-.h 20_LL.
Notary Public
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By:
�Aulffibrizecl Agent of Contractor
CONTRACTOR'S CERTIFICATIONS
(CONTRACT EXECUTION)
��
having executed a contract for Aoj� AS with
the VILLAGE, hereby certifies that said contractor is not barred from executing said
contract as a result of a violation of either Section 5/33E -3 or 5/33E -4 of Chapter 720 of
the Illinois Compiled Statutes.
(DRUG -FREE WORKPLACE)
Contractor deposes, states and certifies it will provide a drug free workplace by complying
with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3.
Attest/Witne sh
By:'
Contractor
By: Thomas p. Cinto -lski'
Name of Contractor's Executing
Officer
Title: Title:
Title of Contractor's Executing
Officer
Subscribed and Sworn to
before � me this `I day
of 1Q;2G 1 20_Ll_.
Notary Public
CONTENTS \2011 Towing Services.doc
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C!
My Commission Expires: 14
-SEAL-
oFFiciA�sEAL
" BONNAE WAIDRON
Notary Public - S1ate of IAinok
My Comm ssidn ExplMs Apr 28, 2674