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HomeMy WebLinkAbout2009-228 Agrmt - Twedells Towing . CITY OF ASHLAND , Agreement for Towing Services THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as City, and TWEDELLS AUTOMOTIVE, TOWING, AND WRECKING, INC. , hereinafter referred to as Contractor. . WHEREAS, the Ashland Police Department regularly requests towing and impound services; and WHEREAS, the Ashland Police Department would like to establish standards and guidelines for tow operators that respond to tow requests by the Department; and WHEREAS, Contractor responded to City's Request for Proposals for towing services and was selected by the panel that reviewed the proposals. NOW THEREFORE, CITY AND CONTRACTOR HEREBY AGREE AS FOLLOWS: 1. DEFINITIONS, 1.1. AGREEMENT: This document, entitled Agreement for Towing Services, and any exhibits incorporated herein, 1.2. CITY: Authorized employees ofthe City of Ashland, including, but not limited to, the Ashland Police Department and Ashland Fire and Rescue. 1.3. CONTRACTOR: A tow company, which is party to this Agreement, its employees, agents and associates, including all principal parties, such as its officers, directors and managers. 1.4, GATE FEE: Fee assessed for access to a vehicle, whether for release or retrieval of personal effects, on City holidays or outside regular business hours, 1.5, GVWR: Gross Vehicle Weight Rating as specified by the manufacturer. 1.6, HOLIDAYS: The days of the year observed by the City include: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. 1.7, OAR: Oregon Administrative Rules. 1.8. ORS: Oregon Revised Statues. 1.9. OWNER: The person in whose name a vehicle title is registered, or the person who has the right to possession of the vehicle. 1.10,' OWNER'S AGENT: A person authorized by a vehicle owner to have access to the vehicle. 1.11, PERSONAL EFFECTS: Property within a vehicle that is not bolted, fastened, snapped or othenyise attached to the vehicle. 1.12, RELEASE: A document issued by the City authorizing the Contractor to release the vehicle to the person mimed. 1.13. TOW: To mechanically draw, pull, or haul by use of a tow truck. 1.14, TOW DISP ATCH(ER): The company under contract with the City to provide central dispatching of towing services. 1.15. TOWING SERVICES: Services performed by Contractors defined in this Agreement, including: towing, winching and recovery, dollying, disabling drivelines, securing unstable loads, clean up at accident scenes, moving cars at the storage facility, storage, and disposal of unclaimed vehicles, and the following types oftows: 1.15,1. CLASS A: A tow, or services request, of a single vehicle that has a-combined GVWR of26,000 or less including the required Class A tow truck. 1.15.2, CLASS B: A tow, or service request, of a vehicle or vehicles that does not exceed GVWR of 80,000, not including the required Class B tow truck. RFP Towing and Storage Services, 10/14/2009, Page 1 of8 1.15.3, CLASS C: A tow, or service request, of a vehicle or vehicles that does not exceed GVWR of 98,000, including the required Class C tow truck. 1.15.4, NON-PREFERENCE TOW: A request for towing services ordered from the rotation list. l.1i5,S, PREFERENCE TOW: A request for towing services specifically naming a tow company either on or offthe rotation list. 1.16. VEHICLE DESCRIPTION: A description ofa vehicle including at a minimum the license information, issuing state, make, model, year, color, body style, and vehicle identification number (VIN). 2. SCOPE OF SERVICES, Contractor agrees to tow and store vehicles when requested to do so by City or Tow Dispatch. Towing requests may include abandoned vehicle tows or impoundment tows, The Tow Dispatcher will forward such requests to ,Contractors under contract by the City. 3. COMPENSATION. Contractor will not be paid for its services by City; however, Contractor will collect fees owed from owners, lien holders of vehicles towed, or others paying on their behalf. Contractor will provide its services at the rates attached to this Agreement and hereby incorporated as Attachment A. 4. TERM. This Agreement is effective upon execution by both parties, and it shall continue for two years thereafter. Upon expiration of this Agreement, Contractor may request a two year extension by contacting the City in writing more than 45 days before the expiration of this Agreement. The extension shall be granted unless the City objects in writing more than 30 days before the expiration of this Agreement. 5. CONTRACTOR MINIMUM SERVICE REOUlREMENTS. 5.1. LICENSES, 5,1.1. GeneralOperations. Contractor shall possess a City business license and all commercial vehicle and operator licenses required under local, state and federal regulations, including but not limited to, the Oregon Department of Motor Vehicles, Public Utilities Commission, and Department of Transportation, 5,1.2, Sale & Disposal of Vehicles, Contractor shall meet all state requirements and possess bonding necessary for the sale and/or disposal of vehicles. 5,2, TOW VEHICLES, All tow vehicles shall comply with minimum local, state, and federal equipment standards for common carriers and tow trucks as specified in the Oregon Revised Statutes, Oregon Administrative Rules, Department of Motor Vehicle Laws, and all other applicable laws. 5.2,1, Vehicles Required, Contractor shall possess a minimum of two Class A tow vehicles, one Class B tow vehicle, and one Class C tow vehicle. Each vehicle must meet all of the requirements for its class required by OAR 257-050-0200 and OAR 734-076-0015(17). 5.2.2. Safety Devices, All vehicles shall have all safety devices and equipment required by law and shall maintain such devices in good operating condition. 5,3, TOW OPERATORS, Contractor shall comply with all federal, state, and local laws and regulations and have the appropriate licenses and endorsements to operate tow trucks. 5,3.1. All persons conducting any and all business related to this Agreement shall be identified on a personnel roster submitted prior to signing this Agreement. Any changes to personnel shall be reported to the City by the 10th day of the month following the change. 5.3.2. In addition, Contractor shall be subject to criminal background investigation, and all employees who represent the business must be free of any convictions for felonies. 5.4, COMMUNICATIONS, 5,4,1. Contractor shall have a dispatch facility with equipment capable of two-way voice communication with Contractor's tow trucks to dispatch tow services 24 hours a day, 365 days a year. 5.4,2. Contractor shall have a facsimile machine installed on a line dedicated to fax transmissions only, fully supplied and ready to receive and transmit at all times. Facsimile machines shall be set to provide the sender's identification. 5,5, RESPONSE TIME. Contractor shall respond to al~ tow requests dispatched to Contractor by the Tow RFP Towing and Storage Services, 10/14/2009, Page 2 of8 Dispatcher within thirty (30) minutes of receiving the dispatch. 5,6. PLACE OF BUSINESS AND OPERATIONS, 5,6,1. B\I>siness Office. '5,6,1.1. The Contractor has an established place of business within the Ashland city limits. 5.6,1.2, The place of business has an office area that is accessible to the public without entering the storage facilities. 5.6,1.3, .The business office is open for the purpose of inspection of business records and towing equipment from 8:00AM to 5:00PM excluding weekends and holidays. 5.6,1.4. The business office shall maintain records that contain the following information for at least three years for each tow: vehicle description; location from which vehicle was towed; location vehicle was towed to; towing operator; reason for the tow; time and date of service including any storage dates; and an itemized list of services and fees, 5.6,1.5. The Contractor has personnel available 24 hours a day, 365 days a year, who can be contacted to release impounded vehicles or property in vehicles. The contact number for personnel shall be posted and Clearly visible whenever the business office is closed. 5,6,2. Storage Facilities, 5.6,2.1. The storage facility shall be within ten miles ofthe Ashland city limits. 5.6,2,2, The storage facilities shall be secured with a combination of closed buildings, fencing, and locks to protect against unauthorized entry in accordance with OAR 257-050-0140(16)- (17), 5,6.2.3, The storage facilities are under Contractor's exclusive control and are not shared with other tow companies. 5,6.2.4, The storage facility complies with all zoning requirements of all applicable governments. 5.7, INSURANCE REQUIREMENTS. 5,7.1. Contractor shall at its own expense provide the following insurance: 5,7,1.1. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 5.7,1.2, General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for bodily injury and property damage, or insurance in the amount required by ORS Chapter 825. It shall include contractual liability coverage for the indeninity provided under this contract. . 5,7,1.3, Automobile Liability insurance with a combined single limit, or the equivalent, of not less $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 5,7,1.4, Other insurance for garage keeper's liability, insurance to protect against vehicle damage, and cargo insurance as required by OAR 257-050-0070. 5,7,1.5. Additional Insured/Certificates of Insurance. Contractor snail name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Agreement. As evidence of the insurance coverages required by this Agreement, th'e Contractor shall furnish acceptable insurance certificates prior to commencing work under this Agreement. The certificate(s) will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. Ifrequested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles" self-insured retentions and/or self-insurance 6, TOW ROTATION. 6,1. Requests for towing services by Contractor for non-preference tows will be made from a rotational list. The list will be in alphabetical order of the tow companies' names. Calls will be dispatched by Tow Dispatch to the next Contractor on the list with each successive call in the order that calls are received. If a tow is canceled before the next Contractor on the list has been assigned a tow, then the Contractor that received the cancellation will get the next tow assigned, unless the list has proceeded to the next RFP Towing and Storage Services, 10/14/2009, Page 3 of8 tow company. 1t the rotatIOn ltst has proceeded to the next tow company, then the Contractor will not gl';t another call until the list rotation has been completed. The full rotation will be observed in such cases in order to maintain the integrity of the list City may cancel the dispatch of a tow request for any reason deemed necessary up to the point that the Contractor hooks up the vehicle to be towed. Preference tow requests by the City will not be included in this Agreement 7, RESPONSE TIME. 7,1. Contractor shall inform Tow Dispatch whether it accepts an assignment within three (3) minutes of receiving a call. Contractor shall not accept an assignment unless it has the equipment available and is capable of responding and arriving within the'required timeframes outlined in this Agreement Contractor shall not accept a call and then later decline it, except for circumstances beyond the control of the Contractor. 7.2, Contractor shall respond to all tow requests dispatched to Contractor by the Tow Dispatcher within thirty (30) minutes of receiving the dispatch. 7.3, Lack of a timely response may result in the Contractor being canceled from the call and placed at the bottom of the rotation list Repeated lack of timely response may result in termination of this Agreement 8. DECLINING TOW REQUEST, 8.1. Contractor shall inform the Tow Desk, within three (3) minutes of receiving the dispatch, if Contractor is for any reason unable to respond to a tow request, or unable to respond within the required time, and must decline the tow request Contractor shall inform the Tow Desk immediately if, upon arrival at the tow scene, any aspect of the towing'situation prevents performance of the tow. Declining a tow request more than three minutes after the Contractor receives the dispatch shall be considered failure to respond. 8,2, If a Contractor declines a tow request, the rotation is advanced and the next available Contractor on the rotational list shall be dispatched. 8,3, If a Contractor is offered a request to tow multiple vehicles, but is unable to take all of the tows, the , Contractor shall not have to decline the tow request as long as the Contractor is able to take at least one of the tows during the initial dispatch call, 9. STORAGE PRACTICES. 9.1. Contractor shall store all vehicles towed under this Agreement at its storage facility location designated as the primary storage location according to the Proposal and this Agreement 9,2, Vehicles up to twenty (20) feet in length shall be considered to be one storage unit and shall be assessed the allowable rate for one (1) storage space. The determination of the length ofa vehicle shall be limited to the actual area the vehicle and its load (if applicable) cover or project over. 9,3, Contractor shall exercise reasonable care to protect stored vehicles and the personal effects thereof from vandalism, theft or burglary. For purposes ofthis Agreement, reasonable care shall mean, at a minimum: 9,3.1. Store vehicles in the storage facility completely enclosed by a fence, or other enclosure, and keep all gates, doors and other openings secured at all times except during authorized entry into, or exit from, the storage facility, 9.3.2. When door keys are available, locking vehicle doors and keeping key(s) tagged and stored in an area protected from unauthorized access. 9,3,3, Close vehicle windows and sunroofs, using a tarp to protect a vehicle with broken windows or un-closeable sunroofs, No additional fee will be assessed for this service. 9,3.4, All persons, who are not Contractor personnel, will be escorted when they are inside the secured area. 10, RELEASE OR DISPOSITION OF A VEHICLE, 10.1. Contractor shall provide the following information whenever a vehicle owner/ owner's agent inquires about the release of a vehicle: 10,1.1. Whether the City must authorize release of the vehicle; RFP Towing and Storage Services, 10/1412009, Page 4 of8 lU,1..t, When a gate tee IS applicable and the amount due; and 10..1,3, Any additional fees that may apply. ,'10,2, Contractor shall only release vehicles to the registered owner/owner's agent or a person that has legal right to the vehicle under Oregon law unless the City has placed a hold on the vehicle. 10,3. Contractor shall release stolen vehicles to the owner/owner's agent upon payment of towing and storage charges without a release from the City unless the City has placed a hold on the vehicle.. 10.4. If the vehicle was impounded for insurance purposes or,do to a criminal hold, the Contractor shall not release a vehicle to the owner/owner's agent without a written release on city letterhead from a City representative. The City shall note on the Vehicle Inventory Form or during the tow that "release is required" or that there is a "hold" on the vehicle if a written release from the City is required. 10.5, Contractor shall allow any person who shows proof of ownership or authorization to view the vehicle during normal business hours unless the vehicle was seized or stored as evidence by the Ashland Police Department. 10,6, Unless a hold is placed on a vehicle by the City, the contractor shall allow retrieval of items of a personal emergency nature, such as eyeglasses, medication, clothing, identification, wallets, purses (and their contents), credit cards, check books, any known money-currency, and child safety car and booster seats, except as provided in ORS 819.110 and ORS 819,160. 10,6,1. Contractor shall not remove any parts, property or personal effects or any other thing from a vehicle, except as specifically permitted in this Agreement, or at the explicit request of the vehicle owner/owner's agent. 10,7. Contractor shall assume sole responsibility for the theft, disappearance, or damage of a vehicle, its parts or any personal effects within the vehicle, once the vehicle has been taken under tow. This does not include items removed from the vehicle and taken into custody by the City. 10,8, Contractor shall deliver any citations accompanying the vehicle when releasing a vehicle to the owner/owner's agent. 10,9, Contractor shall provide a notice of release to the City for any vehicle in which the Contractor . forecloses a possessor's lien, obtains a dismantling certificate, accepts title in lieu of payment, or files a DMV Form 271. , 10,10, Contractor shall abide by all applicable state and local laws when selling or disposing of an unclaimed vehicle. 11. COMPLAINTS. 11.1, Contractor's place of business and storage- facility shall have posted in a prominent place a notice entitled "Complaints" setting forth the Contractor's address and telephone number to which complaints should be directed, and a notice that a record of all complaints shall be open to inspection and review by the City at any time on its request. 11,2, Contractor shall provide the name, address and phone number of its insurance agent(s) and the insurance'company that issued its policy to any person who requests such information. 11,3. Contractor shall maintain a record of all complaints received either in writing or by telephone. 11,4, Contractor shall refer all complaints of unfair charges to the City, 11.5, Contractor shall pro~ide the City with the name and tel~phone number of the person assigned to , handle complaints on its behalf. 12, CONTRACTOR'S OBLIGATIONS AND DUTIES. 12,1. Contractor or its insurer shall give 30 days written notice to the City in the event of any cancellation, material change, reduction of limits, or intent not to renew the insurance coverage(s). 12,2, After arriving at the tow scene Contractor shall perform the tow, or determine the appropriate equipment necessary and summon it, as long as Contractor is authorized to perform the tow. 12.3, Contractor shall perform all work in a safe, courteous, and respectful manner. 12,3,1,1. Contractor shall not be verbally or physically offensive, abusive, disrespectful or discourteous to any customer, motorist, City employee or any other person. 12,3,1.2, Contractor shall not operate any vehicle or other equipment in performance of this Agreement in a careless, reckless, or negligent manner. 12,4, Contractor shall be responsible for clean up of an accident scene as provided by ORS 822.225. RFP Towing and Storage Services, 10/14/2009, Page 5 0[8 Contractor shall carry, and use when necessary, absorbent material, brooms, shovels and waste . containers to clean the usual debris at accident scenes, Contractor shall train its employees in the proper-use of these materials. 12,5, 'Contractor shall make the business office and storage facilities available for inspection by the City at any reasonable time during normal business hours. 12.6, Contractor shall not cause unnecessary damage to the persons or property of others while performing under this Agreement. 12,7, Contractor shall not make any false statements of material fact, or omit disclosure of material fact in performance of this Agreement. 13, DEFAULT, 13,1. Contractor agrees and recognizes that strict adherence to all terms, and conditions of this Agreement, the rules and directives of the City and the laws of the City, State, and Federal Gove=ents which are material to the performance of this Agreement, are in the public interest and of the utmost importance to the City, and that failure to abide by all rules, directives, laws and all terms and conditions ofthis Agreement may result in the City exercising its rights to terminate this Agreement or impose other remedies. Contractor shall be in default of this agreement if Contractor: 13.1.1. Commits any material breach or default of any covenant, warranty, certification, duty or obligation it owes under this Agreement; 13,1.2, Loses any license, certificate or certificatiqn that is required to perform the duties required by this Agreement; 13.1.3. Institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or 13.1.4, Attempts to assign rights or delegate duties included in this Agreement. 14, TERMINATION. 14,1. MUTUAL CONSENT. This contract may be terminated at any time by mutual consent of both parties. 14.2. DEFAULT OR BREACH, 14.2,1. Either City or Contractor may terminate this contract in the event of a breach of this Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice ofthe breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 14,2,2, Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach may, at any time, terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract according to ,the terms and within the time specified herein or in any extension thereof. 15. MISCELLANEOUS. 15.1. NON-EXCLUSIVE. This is not an exclusive contract for towing services. The City may from time to time utilize towing services for special needs outside this Agreement at its discretion. The City will make all efforts to utilize the services of Contractors on the list consistent with the interests of public safety and timeliness. 15,2, NON-WAIVER. Waiver by either party of strict performance of any provision of this Agreement shall not waive or prejudice the party's right to require strict performance of the same provision or any other provision in the future. City's acceptance of Contractor's failure to perform an obligation require.d under this Agreement, shall not affect City's remedies for failure to perform such obligations. 15.3, INDEMNIFICATION, Contractor agrees to defend; indemnify and save City, its officers, employees and agents hannless from any and all losses, claims, actions, costs, expenses, judgments, RFP Towing and Storage Services, 10/14/2009, Page 6 of8 subrogations, or other damages resulting from injury to any person (including injury resulting in , death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Contractor (including but not limited to, 'Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this Agreement), Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 15.4, INDEPENDENT CONTRACTOR STATUS, Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 15,5, ~SSIGNMENT AND SUBCONTRACTS. Contractor shall not assign this contract or subcontract any portion ofthe work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 15.6. REMEDIES CUMULATIVE. The rights and remedies of City under this Agreement upon a default or breach thereof by Contractor are not exclusive and City. shall have all rights and remedies allowed under applicable law in addition to the rights and remedies contained in this Agreement. 15,7. ATTORNEYS' FEES. If any litigation is commenced between the parties to this Agreement, the prevailing party in that litigation shall be entitled,)n addition to any other reliefthat may be granted in the litigation, to a reaspnable sum for that party's attorneys' fees, including attorneys' fees on appeal. The amount of the fees shall be determined by the court in that litigation or in a separate action brought for that purpose. 15.8, NOTICES, Except as otheIWise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to a party ofthis Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party, any managing employee ofthe party, or, in lieu of personal service, when deposited in the United States mail, first class postage prepaid, addressed to the appropriate party as follows: ,. CITY CONTRACTOR City of AsWand 20 R Main St. Ashland, OR 97520 Ashland, OR 97520 15.9, STATUTORY REQUIREMENTS. ORS 279B.220, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract and apply as though set forth fully herein. 15,10. LIVING WAGE REQUIREMENTS. If contractor is providing services under this contract and the amount of this contract is $18,088 or more, Contractor is required to comply with chapter 3.12 of the AsWand Municipal Code by paying a living wage, as defined in that chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 15.11. USE OF RECYCLABLE MATERIALS. Contractor shall use recyclable products to the maximum extent economically feasible in the performance ofthe contract work set forth in this , document. 15,12. GOVERNING LA Wj JURISDICTION; VENUE, This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines, Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other department of the State of Oregon) and the Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature RFP Towing and Storage Services, 10/14/2009, Page 7 of8 herein of its authorized representative; hereby consents to the personal jurisdiction of-said courts. In ,no event shall this section be construed as a waiver by City of any form of defense or immunity, based fln the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or 'from the jurisdiction. 15.13. NONAPPROPRlATIONS CLAUSE. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 15,14, PRIOR APPROVAL REQUIRED, Approval by the City Councilor the Public Contracting Officer is required before any work may begin under this Agreement. 15,15, CERTIFICATION. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. 15.16. SEVERABILITY, If any provision ofthis Agreement is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding. . 15.17, COMPLETE AGREEMENT. This contract and attached exhibits constitute the entire Agreement between the parties, No waiver, consent, modification, or change ofterms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific purpose given. There are no understandings, agreements, representations, oral or written, not specified in this Agreement. Contractor, by signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it, and agrees to be bound by its terms and conditions. INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below, CONTRACTOR: By: &d . Si~ ?/2t61dv<vI- Print Name, Title It) -.;23 -01 Date CITY OF ASHLAND: By: ~ ..:J Signature ~ .~" ruNlOj~ '-"-'1\)o1I<JUl iJ/~/urt>C- Print Name, Title .e. J-- /0/7-1/0, Date RFP Towing and Storage Services, 10/14/2009, Page 8 of8 . ~.~ CITY OF ASHLAND 20EtM'St OFFICIAL RECEIPT W.. as arn ree Ashland, Oregon 97520 . Receipt Number, 00019752 (541) 488-6004 Receipt dale 9/28/2009 Payee name TWEDELL'S TOWING Tender Iype Check Cuslomer NO: 017538 Check number 12791 Actrvity#" ,'.. ',,~-: , ,-: ,: ;,; [Jescrip(i9n, .... , ;'L " '-, " Amounl , , 00023511 Applicalion 90,00 License type Business License , I" ReF~ip~a!l1o.ur1i 90,00 PolloyNombor: 6046802<3 Ooto Entered: 2/18/2009 DATI! (MMfODIVVYV) I . CERTIFICATE OF LIABILITY INSURANCE 10/21/2009 THIS CeRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFliRll NO RIGHTS UPON THE cERnFICATE HOLDER. mls CERTIFICArE Does NOT AMEND, EXTeND OR ALTeR me COVERAGE AFFORDED BY TIlE poucles BELOW, PRODUCER J~e8 A H."t.~on J:n.Qurance Agency 1200 Biddle ~. suite H Medford, 0:1;' 97504 Pholl<l: (5411713-3413 Fo~ (541)776-7514 It.lSURa:J Towing & WTeoking. INSURERS AFFORDING COVeRAGE lNSURER~:'l;'NCk -insurMeI. EXQi\nge INSURER II: NAIC. Twgdella'a AutomQttVQ Edra.l.l. Jalm.G 3116 H ~aoLfio HMY M8dt!o~d, OR 97501 I COVERAGES INSURER C! tNS\J~ER '0: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOlNG, AN'! REQUIREMENT, TERM OR CONOITION DP ANV CONTFlACT OR OTHER DOCUMENT WITH RESPECT TO WHICH Tl'US CERTIFlc.o.Te MAY BE IsSUOO OR MAY PERTAIN. THE INSURANCE AFFORDED ey THE POLICIES DESCRraEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POI..ICIES. AGGREGATE liMITS SHOWN MAY HAve BEEN ReOUCEO BY PAID CLAIMS. NSR pouey ~U"I:JER PO EFFECTMi POL1~ ~IRATtON GENEM~ t,fASILllY A X '5< COMMIiRClALGE!IIG~I.I.IA'alll'TY 604670243 I CLAIMS MACe: IZ! OCCUR a/15/2O'O'9 a/15nO'10 l.!ACH OCCl,JRRl;NCe I ~:rft.~;I9t~"rl~~ ~O IiXP (An17oM PlI'IOn} PGRSONAI,.. ADVlNJURY GeNEA^LAGG~eGATe PRODUCTS. COMrIOP AGG LIMn' ,1.000,00-0' A r- f- ~'l ^GGRl~5,UMIT AP~ PER: IXI POLlcV I I ~~R? I IlOC ~101dQfIlLS 1:.I~~IUY'f Xr- ANY"UT';) . ALLOWNEDAUTOG SCHEOV!.Eo-AI)TM HIRED Al,ITOS NON-QWNEO AUTOS , sl,OOO,OOO ,-1,_ 000 ,'aDO s2, 000 ~OOO 11,000,000 60'4670'243 604670243 604G7C2~3 COMBINED SlNot.E LIMIT $1,000,000 IEellcdll'o!u\l) . BDOIL v INJURY & 9/15/20'0'9 9/15/2010 (P'Jr~'r'Gn) "- e/15/2O'O'9 B/15/2010 BOOIl Y INJURY 8/15/2009 8/15/2010 (Pefllccldenl) & f- PROPliRTY DAMAGi f~,r ~~,nl'- . A ~:OIl:"'A'".ITY X '-"'1 ANY A\J'rI') 604670'243 e/15/2Q09 a/1S/2010 OTHER THAN AUTO ONL ~ ""UTOONLY.IiAACCIDIiNT g......cc '00 ,1,000,000 ,1,000,000 .,.l,QOO,OOO & . . ~~'&I UNB~er.UI. LlABIUTY --' occu" D CLAIMS MAD6 -I DeDUCTJBllt 'I ~rn:NnoN s WDRKERS CCMPEli$AnOH ANDEMJlLDV!RS'UABIl.11Y Y/N At<< PRQPRISrORJP...RTN!A"ClCE:CUllVE 0- OFFlCliR/ME.M8.ER f)(CJUOEm - (MlndJltary In NH) ~~~~~~~~1~~s below A OTHERGaragQ Keepers 604670243 8/15/2009 9/15/20'10 on Hook 604670243 8/15/2009 a/1S/ZC1C Cargo Coverage 60467024;:1 10/20/2009 9/15/2010 aEGCR.IPTlON OF OPEJlAl1ONSll0CATION!l '\rEHlC~ES' EXCLUilONS ADI)'Il)''r ENDDRSEMENT I SPECIAL PROVISIONS Towi.ng " Road. ServiQ8 OpeZ'a~.:i.Ol"J.a Ga.:raqa Kaepe.r:s aOVlaJ:'CLqe on a l1ireo~ Pz:1ftI.arY Basi" Xnol\.\d.i.ng CO~rehQn=~:i.ve and CoUil;l-iQn Appli~~. Po~1cy Daduotib189 Adt11Uona~ Insu.red~ "l'ho o:1t.y of Ashland, Oregon, and i.ts elecl'te4 officials, off'icAra and employGCls. EACH OCCURR,ENC," A.GGREGATE , . we;; STATU= I 10TH. lIS. E.L. EACH ACC!DENT t e.l. DISEASE. E" EMP\.qvee .. e.L DISEAse. POliCY liMIT .. Ga:aqe Kaepe~s 500,000 On-Hook 500000 30,000 CERTIFICATE HOLDER C::l.ty of AehlaB4 20 . Mun st Ashland, Or 91520 Attn ~iann olson Fax t88.5320 CANCELLATION SHOULD ANT OJ= THE ABOVli tll!KRlBED POUC]es BIi CANCaLLm BI!.FORG THE ~PlRAnON DATB TtCCREOF, 1HIiiI ISSUING waUR4R WILl. ENDIAVOR TO M"'~ DAYS WRIT'1'CN NOTl!;!!: Ta T~~ e.~nftCAte "OI.IlIFJ ftUI(c. TO THe UIlT, BUT" ~RE TO DOSUSMJa: IMPOSE NO oe ABIlITY Oil' ANT 'UND UPDN THII rNSUruiR. ITS AGENTS OR P ATlVE ACORD 25 (2009/01) , Tho ACORD nama and logo Il'rodveer: UJInA' fOlIN Bou P1u5 $dIWtl'8. \IiW\'I.FomlIBass.eam; lltlp"'nlvfI Publflhlng 1IO(J.20801977 @ 1988.2Q09 ACORD CORPORATION, All righlS reserved. re registered mark. of ACORD 1l(9/29i2009) Karl Olson - From: To: Date: Attachments: Page 11 . 'Bryan Lee <bryan.lee@bbsihq,com> <olson k@ashland,or,us> 9/29/200910:39 AM Twedell Cert,pdf All subject leased employees of Twedell's automotive are covered under BBSI's self Insured workers compensation, Sincerely, Bryan Lee Risk Manager IL(1 0/14/2009) Kari Olson. Workers ComJJensation: Emplo~ee List Pag~ . From: To: CC: Date: Subject: "Twedells Automotive, Towing, Inc." <lwedellstowing@aoLcom> <olsonk@ashland,or.us> <bryan,lee@bbsihq,com>; <riteontime@aol.com> 10/8/20094:40 PM Workers Compensation: Employee List Kari, It was a pleasure to speak with you today, I spoke with Jim Hallon and he will be adding the cargo insurance and will get the corrected certificate of liability to you as soon as possible. I also spoke with Bryan at Barrell, and he will also be gelling the correct workers compensation information to you. The following are the !ist oJ.grn,eJa: ees that are covered by the workers compensation JI1SlJrance: ~0. ~vc~~ 1, Edrel Jaime 2, Chris Kearney ~ 3, John Keener Ce.--e-~ rc. <.eA--S ,~ 4, Thomas Arriola ~~I ~- h me now if there is any further information you may need, Melissa Allen Office Manager/Bookkeeper Twedells Automotive, Towing Inc, 3116 N, Pacific Highway, Medford, OR 97501 (541) 772-9795 (541)772-1027 (FAX) lwedellstowing@aol,com 1[(10/20/200~) Kari Olson - RE: FW: Workers Compensation: Em~loyee Lisl .__ .___ _ Pag~..u . (I ~,~ r ii. e-e.--;--s CC: <lwedellstowlng@aoLcom> /7 Date: .-10/20/2009 3:10PM-- -, "- u_ __ '~~ ):;:>~.a.Y r """'- SUbj~~~ RE: FW: Workers Compensation: EmproyeeJ=.i~t u /1;;, '~~~ Sorry for the delay, I was clarifying some info. Yes Chris, John and Thomas ' are covered under our workers comp, Ed is a corporate officer and is not a subject employee therefore he does not have to be covered. From: To: Bryan Lee <bryan.lee@bbsihq,com> 'Kari Olson' <kari@ashland,or.us> Hope this helps, Bryan ----- ngl From: Kari Olson [mailto:kari@ashland,or.us] Sent: Thursday, October 15, 2009 9:05 AM To: Bryan Lee Cc: lwedellstowing@aoLcom; Kari Olson Subject: Re: FW: Workers Compensation: Employee List Hello Bryan, We understand completely the issue of privacy, However, the contract requires Workers' Compensation for "all their subject empioyees" who will be working on the contract. Please see Page 3, Section 5.7.1,1, of the attached contract. And, this is a unique situation having a 3rd party carrying the Workers' Compensation, Twedell's has provided 4 names that will be working on the contract. Can you confirm via emaii "Yes" or "No" that these individuals are leased employees and t e are' vered under your Workers' Compensation ICY. -------- '''-, The following names have been provided by Twedell's ) 1, Edrel Jaime 2. Chris Kearney 3. John Keener 4, Thomas Arriola / / ~ If I can eo u her aSSiStanCe, please let me know. Thank you, Karlann Kariann Olson, Purchasing City of Ashland, Finance Department 90 N. Mountain Ave, Ashland, OR 97520 Tel: 541-488-5354, Fax: 541-488-5320 ny: 800-800-735-2900 This emaii transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disciosure and retention, If you have received this message in error, please contact me at 541-488-5354. , Seplember 29: 2009 BBS/ AIbD r..n......c.,., TWEDELL'S AUTOMOTIVE, TOWING 3116 N PACIFtC HWY MEDFORD, OR 97501-1325 Re: Barrett Business Services, Inc. C'BBSI") letter of Sell-Insurance for Workers' Compensation Coverage As the named addressee of this letter, your company's required workers' compensation coverage is provided through BBSl's slale approved Self-Insured Workers' Compensation Plan by way of your co-employment contracl wllh BBSI. BBSI's Calilornia customers can also verify BBSI's stale certification at hlto:/Iwww.dir.ca.oov.lSIP/sio.html; next, click on "Rosie is"; then click on Private self insured emolovers; then scroll down to Barrett (the list is alpha by company name), Additional informalion is as follows: Self Insurance Certification Number: California: 2246 Oregon: 1068 Washington: 706,116 Delaware: 152 Maryland: 11365 Colorado: 463 Olher Commenls (place an ")(" if applicable): o Named "Letter Holder" C~y of Ashland 90 N Mountain Ashland, OR 97520 DOther. Add~ionally, BBSI's self-insured program is further supported by an excess workers' compensetion insurance policy wilh American Intemational Group (AIG), see accompanying certificate of insurance. For additionel inlormalion, please conlact your local BBSI office at: (541) 772-5469 Very truly yours, ~t:k- Michael l, Elich Vice President and Chief Operating Officer BBSI Office: MEDFORD doc: LOSf-2 8100 HE Parkway Oriye, Suile 200 Vancouver, WDshingtan 98662 800.494.5669 360.828.0700 fox 36U28.0701 ,w..borreltbusiness.[am PARTNERS IN PRCF'ITABILITY , CERTIFICATE OF INSURANCE; PRODUCER ~",'"",."..) Beecher-Ca~on.ln~!le-,Agen~ 22(H~V~ 2nd A\I'e:'1I.!C1;:S_u~e,aOQ PottIand: OR 2 lhl951 INllURED aairen SuslnellS Seryiee~~ Inc. -~100 NE P1lIkw;Ir. S_uit&.20O:" Vancouver, WA 9B662' 1_08'" OliW2009' THISCERTIl'K;i\TE,IS,IS$UED Asti iAAtrEROfJN!,~RMi\TIQN QN(YAl'lD:$lNFERS NO RfGHTS.UPOO THECERnFICA.TE HOLDER, 'THIS CERnFlCAlE DOES NOT AMEND EXTEND ORAL TER,WE COVERAGE A.FFORDEi> BYTHE Pol'C'ESBELCW, ,COMPANIESAFFORDlNGCOVERAGE C~ANX J.,ETTER: :A COMPANY LETTER '8 COMPMY 'lE"n:ER. -'C COMPANY lifrreR - '0' COMPANY ~.~'~I~~~I'U~lQ~ fir~ 1i1.~u~ 'C'o~'p'a~~ ~r p;fttsijU~; p~ (li'~,A;~; gci~'p:~) I..ETilffi.. 1;" COVERAGEII Tiis Is'T6~cERT/fY THAT THE P.OUClES OF.ltl9.:lRANq: USTEDea.oyv HAYEBEEN l.SSUep.TO T~JNSURED.NMl8) ABOVE FOR l1iE POUCY FERlODINOQTED, ~O~THST""P!NG -I:#( ~EOUREMENT. T~-ORCOl"DrTION Cl' "Iff 'CO!'l-TRAcr'OROTHERPOC~ENT lMTH RESJ:'ECT TO~Cfl THiS.liE.RrIFl.CATE M~"t:8E. '.. IS~~~t~~~T~.~l~~~~Q~~~lrE~ES~~~~H.~.~~_.I~'_SJ\3.:E0T$?N,.1,.1!l'ETE,RN!S.E~USl9~.~-~Cfl}t!tf~~: CO POL~C)' EFFEcnve EXPlftlI.mm. ~TR' ~'O~.rNSU~~ Nt;Jt;A~R ~r5 D.A;TE, GENERAL UABIU1Y c::l COMMERCIAl. GENERAl.UASUlY Poliey- c:J~~j~~~'j~~v. NumbW ,En:eqlw' .~. E.XPJr*U~1) 0". GENERAL AGGREGATe P.RODUCTs:.COMPlOPS,AGGREGA-TE ~RS~~ & ~_Dvt;:RTISlNG INJURY EAdi OCCLIRRENCE FIRE 'D~qe:'i;.,ffIJ..on.,'~>. ~1~!-'~~~(;'ny~.~~~i1) ~AUT01~~;; HRED AUTos: NciN-OWNeo ~UlOS GARAGe UABuJrr EXcess UABILI1Y' P lJMaFlElLAFOFlM' D OlHElj THAN UMBREUAFO"" COMBINEDSINGLE_UMIT $DOILY INJURV(P'... plrlon) BODILY INJu.j:(y ~r -.cddtnl):' ~~OPER.1Y p~G'E COlUSIONDEDl)CTIBLE. COMPREHENSNe DEDUCTIBLe A~Gf{E'G'Am $XXX;XXX 1\ 'WORKERs"-(:OMPEHSAnON ANa :EMPL~~,RS':LrA~ruTV $16.000 000: LIMIT ~77.~:~1Q '1h~0Q9 1000.0 0 ~"~,e $1,000.000 $1 000- 000 :C ACC ISEASE LI "UMI ~SEASE CH E p\;.o ,OTHER -Cov.ered.$tatri - CA;.D_I;,."Dn:~ WA. DE RIP. ON ERA 10 OCA. E Ie ltUcnoN C Wl'!ltt.s-,sh9Wn B(,~'a:b'CJil.~ B,:$5.09Q.O.OQ: s.~lf.;,fj~feq.r,etentlori. cmnFICATE-HOlDER CAIIICELLATION 31OULO AX( ()F-nt:'A90l(ECESCRlfED.POOClESBE-C~caEtn:EFORETtEEXRRAlJON DATE- HEREOF.ll-E lSSlJlNO CO~ANY'W1LL MM.lO.D~Y:S ~r:rratNOTICE ro-ne HO~NAMED1=-o. TJ'E;lEft',_BllT fN_1.~TQ.;MA!!. SlJOi, N:o:nq: ~U..l.'tPO~ NQoau,G.ATlON ORU.ABlLlfY-OI=ANYl<lN)uI-'bN'n-e ~p;(NY IT 'AGENTS ORREPRESENT'ATt\IES ~tl~~.~~~$<<It,at.:. . !?: R Gra,Yb~al, GPCT;h ,J\RI1.A'.#~' doc: COl-1 ..;. .. EXHIBIT A . Request for Proposals TOWING SERVICES PROPOSAL FORM The undersigned proposer submits this proposal in response to the City of Ashland's Request for Proposals (RFP) for Towing Services dated July 27, 2009. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: Name of Proposer: Twe.d~ \ls. A,^-otm''C\D'-\'lVe '~U)~"":s o...v-..l \A.h-ec,:l;V\~1 ~c _ Business Address: .~ \ \ l" [IJ ~nc ;+\( \-\h)~ Md-G,yd.. DR. qJ~; Telephone Number: S 4 \ - r I q -. '1;2. '2.. "I Fax Number: SL\I-112~ 102/ EmallAddress: +~dQ.\ \s,+nI.A)\n~GV QD \. Q,[)""" ,r} #/7...- Authorized Signature: Cdru ~-UA1.11 PrintedITyped Name: ~ ~ v-e \ -:-\ ~\fY\ p Title: '\\--es. ~ ~ -'W\.-t Date: ~ \ 2S h.oo q RFP Towing and Storage Services, 7/28/2009, Page 13 oB3 EXHIBIT B EQUIPMENT & VEHICLE LIST CATEGORY I - Class A Non-Preference Tows EquipmentNehicle License , State ofIssue Make Model Year Description/GVWR Number , Tvv \1'111 DR. F=ov-d S'-L\'J~d~.~ l<1q3 'TWI41L.' DIl Ford f ~3So I ~qLJ I\'\I\5SQ'1 DR. C,ke..VL\ l~q2. Tw \CjL\L:2.. OIL FDV't 2..i903 Tw 2D070 of<.. (!.heN 11 19'1S v CATEGORY 11- Class B Non-Preference Tows EquipmentNehicle License State ofIssue Make Model Year Description/GVWR Number IVV I~ '6"/10 ofL Il'\f.e.m""iiorJ ,QQ9 C CATEGORY ill - Class B Non-Preference Tows EquipmentNehicle License State ofIssue Make Model Year Description/GVWR Number T\VI&154- Df( ~~~l)NJ. IlQ /'H'? TWZ.OZ'J3 of( S.{-wlill\q 2De:>\ ...., RFP Towing and Storage Services, 7/28/2009, Page 14 of33 . TWEIDEILJLI'S T'OJWING 3116 North Pacific Highway Medford, OR 97501 1-541-779-9229 EQUIPMENT LIST CLASS A VEIDCLE 17 Year: 2004 Make: Ford Model: F-350 License: TW19422 VIN: IFTWX33P04EA528249 VEIDCLE 12 Year: 1994 Make: Ford Model: F350 License: TW14727 VIN: 2FDKF38KORCA04761 VEIDCLE 14 Year: 1992 Make: CHEVY Model: C25 License: TW15599 VIN: IGCGK24F6NE181151 TIWEJDE,L,LI'S T'OWING 3116 North Pacific Highway Medford, OR 97501 1-541-779-9229 EQUIPMENT LIST CLASS DA VEIDCLE 11 Year: 1993 Make: FORD Model: Super Duty License: TW17917 VIN: 2FDLF47M6PCB05782 VEIDCLE 18 Year: 19935 Make: CHEVY Model: C35 License: TW20070 VIN: IGBKC34F8SJI03958 CLASS B VEIDCLE 16 Year: 1999 Make: International Model: 4700 License: Temporary VIN: IHP3CAAMXXH681239 T'WEDE,L,Li'S T;OWING 3116 North Pacific Highway Medford, OR 97501 1-541-779-9229 EQUIPMENT LIST CLASS C VEIDCLE 15 Year: 1988 Make: International Model: F2375 License: TW18754 DOT: YCRY316 VIN: 1HSZEGGR1JH592623 VEIDCLE 20 . Year: 2001 Make: Sterling Model: M75 License: TW20293 DOT: YCSH294 VIN: 2FZAAKAJ{41AJI8512 * All vehicles are currently licensed with the Oregon Department of Motor Vehicles and/or Department of Transportation. ** All vehicles are insured through Farmers Insurance Policy Number 604670243 Documentation wiD be provided upon reques't. Signature: President Date: I Emplovees . President - Edrel Jaime Secretary- Andrea Jaime Hugo Gonzalez Melissa Allen John Keener Chris Kearney Phil Ortega Nahum Duran Qualifications and Experience Universal Technical Institute Graduate ASE Master Certified - Automotive Technician Automotive and Towing Manager/Dispatcher Impounds, Rollovers, Recovery, General Towing Wreck Master Certified ID # 041219 Level 2, 3, 4 and 5 Extreme Recovery Specialist CDL Licensed with endorsements Bi-Lingual (Spanish) Masters Degree in Education Operations Manager/Dispatcher Employee Training Technology Special Projects N, Pacific Hwy On-Site Resident Manager (Secure Storage and Facilities) STAC Graduate (Specialized Technical Automotive Center) Certified Automotive Technician 10 years automotive repair Heavy Duty Towing Recovery Assistant Bi-Lingual (Spanish) $16/hr ($24 after 40 hours) Bookkeeper / Secretary / Dispatcher Systems / Procedures Coordinator $14/hr ($21 after 40 hours) 6 years experience towing for local police departments Impounds, Rollovers, Recovery, General Towing Heavy Duty Towing Recovery Wreck Master Certified ID # 050390 ~evel 2 and 3 Lockout Specialist CDL Licensed with endorsements $14/hr ($21 after 40 hours) $21/hr on all COL calls Towing, Impounds, Recoveries, Rollovers Wrecking Yard Manager Lockout Specialist ,Wreck Master Certified 10 #090649 Level 2 and 3 $14/hr ($21 after 40 hours) Towing, Impounds, Recoveries, Rollovers Heavy Duty Towing Recovery Assistant Lockout Specialist $14/hr ($21 afler40 hours) Heavy Duty Towing Recovery Assistant Grounds, Maintenance and Security $12/hr (18 after 40 hours) , > EXHIBIT C TOW TRUCK DRIVERS EMPLOYED BY CONTRACTOR . Please copy and attach additional pages if necessary. (Current Drivers Residence Address Must Be Listed - Do Not Use Business Address) , Name - Last, First Middle , Drivers License Number License License , State Class , :;ro..:\'Vn~ I E tire.! S'l DS::;08' , OR- A Street Address f-h City State Zip 311 b N PQVi~'G u~ med~v-! DR- q1$Oj Date of Birth Certified Hire Date D~13DI b8 o(S!jtor? N 5/2-<l/O{ Name Last, First Middle Drivers License Number License License I<e..e.ner I -So hV\ qs 3~12.8 State Class OR A Street Address City State Zip 4'S'L-1 Ankloj>t RoGtd hlhih c,.;~ DR. ql5b3 Date of Birth Certified Hire Date il 'L-I-I ~3 operator? 3/ID} Of? @ N , I Name - Last, FirstMiddle Drivers License Number License License i K~tlv II. e,~ I C--I-.r',s. 1 if Iof., 'L2-0 State' Class , O~ I I Street Address City State Zip i k>foCf'? PonJe;ySlSC\ S-tr-e.e-+ Ce.I'\-h-tvl Pi) il'\+ DR.. Q15'D 2 Date of Birth Certified Hire Date I ~\\ctl<6l{ ope tor? I Ii DJ 1 D8 y N I I Name Last, First Middle ,Drivers License Number License Licen'se I State Class ! Dr-te tl) t='eJ; .l, 11.,101..1zS o a.. , i Street Ad ress Cit~~{O{ J State Zip : 2:V" 'L S t\V\J 'Ioy-Ook Q..ot\-d OfL ~S1l Date of Birth ' Certified Hire Date \"Lh~hS- operator? 3/tS-/D5"' y N 'Name Last, First Middle Drivers License Number License License I State Class f I IStreet Address City State Zip iDate of Birth Certified Hire Date I operator? I y N :Check here if additional pages are used to list drivers, I fU'P Towing and Storage Services, 7/2812009, Page 15 of33 . EXHIBIT D OTHER CONTRACTOR EMPLOYEES WHO HAVE CONTACT WITH CLIENTS I CUSTOMERS- INCLUDES OWNERS, CLERICAL, OFFICE, YARD I LOT EMPLOYEES. Please copy and attach additional pages if necessary. (Current Employee Address Must Be Listed) Name Last, First Middle Drivers License Number License License :roUl"I'~ \ ~d'{eQ>..... g~IoLfD21 State Class Of<. ~ Street Addres~ I+w City State Zip '311 Ie> N (A(..;.p <.. )"1 )'V\tJ~-{d DR. cllstJ I Date of Birth Position>:Tille D1-\'Z-7/lQ11 Dpw"'--Hol'IS rA r, Name - Last, First Middle GO'n'2Atez.\ H..l Street Address 1\, . 3\7..-0 N P.....l-I-t{t- t1'W Date of Birth Positio itle 'S \\ ~U Tu.hniclQh Drivers License Number License State Dt. State OR. License Class 'l ~YSDlf B City m~j'~yJ Zip '1750 I Name Last, First Middle Drivers License Number License ,License \JW--lU\-GlV dw,\o) NCLhu.t'f\ ' 4 q 35' S- I S' State Class 01<- C. Street Address City State Zip I1.."L'3. ~;x:'e.lAAe Me.clfQy J OR. l)15l:> I Date o:rrth PositionmJ ' <6\\'2.> 101... 6'--0 I.<N\ s- Name - Last, First Middle Drivers License Number License License A 11th, Me\iss/J'-' S411nlo3~ State Class DR.. e Street Address City State Zip \0 \ 11 $W '\',ince -k>", P It\.c:.e Gl'7LYl~ P&U:J OR.. 915'2.-1 Date of Birth Positionmtle slsllb O<+i Q AA" ~ Name Last, First Middle Drivers License Number License License State Class Street Address City State Zip Date of Birth PositionfTitle Check here if additional pages are used to list other employees. EMPLOYEE LIST RFP Towing and Stoiage Services, 7/2812009, Page 16 of33 . . EXHIBIT E FACILITIES DESCRIPTION INFORMATION BUSINESS/OFFICE FACILITY: Describe business hours: 24 hours, 7 days a week on call Describe facility: 5 bay commercial building with 3 acres of commercial lot. Size of facility: 3.5 acres Number of rooms: 6 rooms Describe customer waiting area and accommodations: to be updated to reflect current Medford facility .. " Describe customer parking lot area: lots of room for parkinglloading trailer in case of retrieving a wrecked vehicle Describe signage: sign age meets city of Talent requirements. Additional signage requirements will be fulfilled if we contract with the City of Ashland. INDOOR STORAGE FACILITY: 2400 square feet 30 FT x 80 FT commercial building. Will install video surveillance with web-based monitoring wlhard drive backup. Same system is currently used at Medford location. Florescent lighting, concrete slab floors, 9 vehicle capacity for indoor storage. We keep very current to changing laws and receive updates through Oregon Tow Truck Association and Wreck Masters training facilities, Transactions are handled very consistently. We follow ORS statues for all of our towing and release procedures. Our staff is trained in the proper procedures and necessary documents for the release of impounded vehicles for all the police agencies we are contracted with in the Rogue Valley. We will provide the same outstanding service to the City of Ashland. OUTDOOR STORAGE FACILITY: 7520 Square Feet of outside storage compound wilD FT industrial chain link fence and 3 strands of barbed wire and security gates. Able to contain over 40 vehicles and or 4 tractor trailers. Groundcover: Shale and % minus to prevent mud, Additional storage at our Medford facility. " EXHIBIT E FACILITIES DESCRIPTION INFORMATION ,BUSINESS/OFFICE FACll..ITY: ,Describe business hours: Describe facility: Size offacility: ,Number of rooms: , Describe customer waiting area and accommodations: Describe customer parking lot area: Describe signage: , INDOOR STORAGE FACILITY: Describe facility to include square footage, security features, lighting, type offloorlng, access, vehicle capacity, 'AND include a complete description of the internal security controls and security features currently being used 'to secure the vehicles being stored at your storage facility, etc: RFP Towing and Storage Services, 7/28/2009, Page 17 of33 Op'FDOOR STORAGE FACILITY: ^ ' pescribe facility to include square footage, type & height of fencing, lighting, groundcover, access, vehicle capacity, AND include a complete description of the internal security controls and security features currently being used to secure the vehicles being stored at your storage facility, etc: ADDITIONAL FACILITIES TO INCLUDE SECONDARY STORAGE AREAS: Location(s): Description: PHOTOS ARE REQUIRED OF INTERIOR AND EXTERIOR o Office o Indoor Secure Storage o Outdoor Storage Attach diagrams and additional pages as necessary. RFP Towing and Storage Services, 7/2812009, Page 180f33 . EXHIBIT F Tow Company Facilities and Storage Area Inspection Checklist : . Date: Tow Zone: Location: /1,15 S. Po...c~~c.l:l-w~ TcdetA+ I DR. qlSLj.O Tow Company Name: Twe-~~\\$ k-\-o\'ho+;v-\' ,Tou;',,^'), (,1,....1 W\-ul;\'\C~JY\c-. Company Representative: Section 8: B. Contractor's storage area is located within ten miles of the Ashland City limits. C. Contractor's storage .area is under the exclusive use of the Contractor. D. Contractor's storage area has secure inside storage. E. Contractor's storage area has secure outside storage. F. Contractor's storage area is located within the tow zone, G. Contractor's storage area complies with all applicable zoning regulations. H, Contractor's storage area is marked with a sign as follows: 1. The sign is located at or near the entrance and clearly visible from the right of way. 2. The sign has letters not less than 2 inches high stating: a, Contractor's name, b. Contractor's regular business hours, c. A service charge (gate fee) may be levied for release of vehicles or their contents after regular business hours, d, The gate fee amount. I. Contractor has a tow dispatch capable of communicating with contractor. J. Contractor has a phone line free to receive incoming 911 towing and service requests, K. Contractor has a facsimile machine installed at the storage facility, fully supplied and ready to receive and transmit. Company Representative: Re-inspection Date Representative Signature: Representative Initials: Inspector Name: Inspector Signature: Inspector Initials: RFP Towing and Storage Services, 7/28/2009, Page 19 of33 . . T'WE,DELiLI'S T'OWING 3116 North Pacific Highway. Medford, OR 97501 1-541-779-9229 , REFERENCES Oregon State Police Department* Contact: Brian Powers, Lieutenant Area Commander, Central Point/Grants Pass Phone: (541) 776-6236 Dependable Auto Shippers* Contact: Jim Brown, CRP Terminal Quality Manager 1-800-826-1083 State Farmlnsurance* Contact: Rory Wold-Agent Phone: (541) 773-1404 *Letter of Recommendation included -. <' I . EXIllBIT G REFERENCE LIST . REFERENCE NAME CONTACT NAME CONTACT TELEPHONE NUMBER & ADDRESS & TITLE . . RFP Towing and Storage Services, 7/2812009, Page 20 of33 {)regon Theodore R. Kulongoski; Governor Department of State Police 450.0. Rogue Valley Hwy., Suite A Central Point, Oregon 9750.2 (541) 776-6114 or (541) 776-6236 FAX (541) 664-8762 April 21, 2005 .... To Whom It May Concem: .P ;; For. many years, Twedell's Towing has been used by the Central Point Office of the Oregon State Police for our patrol vehicle tows. We have found the service to be prompt and accommodating when retrieving a Department vehicle. There are times we need vehicles moved within our facility parking area - to qr from the OSP Forensic Lab veNcle bay to the evidence impound lot, moved around the impound lot to access other vehiCles, or vehicles taken to and from the County Shops for mechanical evaluations. Twedell's Towing is always very helpful and-affordable for us to u$ein these instances. Twede/l's Towing is our preference for towing vehicles from fatal or serious crashes that occur in Jackson County when criminal charges may be pursued and the vehicle is seized as evidence and needs to be taken to .the OSP Impound Lot in Central Point. The personnel at the Central Point OSP Office have been pleased with the service we receive from Twede/l's Towing. . Sincerely, .~ II; . . I Cu,L){1.'\.. <t::i~"V\'_Qt.A,~,",,- Tanya L44nderson, Lieutenant Area Commander Central Point/Grants Pass ....<(.. TLH:la ),"Dregon 8"~ . Theodore R. Kulongoski, Governor Department of State Police 450.0. Rogue Valley Hwy., Suite A Central Point, Oregon 9750.2 (541) 776-6114 or (541) 776-6236 FAX (541) 664-8762 January 7, 2004 Mr. Edrell Jime Twedell's Towing 3116 N. Pacific Hwy Medford, OR 97501 . ~.'c: C... On December 28 and 29, 2003 a snowstorm of unusual strength hit Southem Oregon and Northem California, during one of the heaviest travel'seasons 'of the year. As a result, more than 100 miles of Interstate 5 were closed and hundreds of people and vehicles were trapped on the highVllay. Troopers working on Interstate 5 noticed that you. did a remarkable job helping to free the cars trapped in heavy snow. They were impressed with your energy and willingness to help. On behalf of the Oregon State Police, I commend you on a job well done. Sincerely, ~~ .c;:;;~. ? Enc J. Rodriguez, Capt In Southwest Region Com der EJR:nja @ ;vvo-~ep-v~ VG:G~ nn UA~ .~^A~ ~VDnVunl1un l~fGGOD~lOV !: 'J, C~~': ,. .: i. .. " .. I! ~ i: '. ..,t,. , , . '. :.~ I. .' . 0.:L1 . ....- ---...... --- : ;/ , :1 :i ;i '. }~ :: ., " ;1 , , , :~ .. , 1/ .i J ;1 H '1 'I " ., WEST CO^ST '..0OS.. 8"""" ~ Co\ 802421 310.719.9916 phmra S10.'11v.9S<ta fa MAIN OPFICI! 8020 _ HWY 80 M~ih:. TX 75149 214.88100181,a1Jone 214.275lil0S/;u CUIIftJmW ."rwi;e fax 972.2lZ!L3S90 '1 , -: :; ;. j' ,I jj J: II ~ .. EAST COAST 11OIlotwr Road Unden. HJ oms OOAAU.$OAO phqn(1 ;08.'17.,.0983 far ,. i! 1/1 September 2, 2008 Re: Twedell's Towing To whom It may concern. In December 2006 Twedell's replaced Dicks lowing as our Transport Terminal in the city of Medford. Their duties Include inspecting vehicles that are being transported, scheduling appointments with in-going and out-going customers, and flatbed service for picking up and/or delivering vehicles throughout the southern Oregon region, from the coast to Klamath Falls. ., They have handled vehicles ranging from project cars to show room quality vehicles. ThTs includes high value cars such as Mercedes, Corvette and Bentley. Twedell's Towing has handled over 2000 transactions and even received an award for having a damage free year for 2007. This is truly a testament to their ability and expertise. Twedells has been professional, and has performed beyond expectations. They have a great staff and excellent communication. They have certainly made a positive impact in our role, as a National Auto Shipper, by providing a high level of quality service. I'm confident that you will be pleased and honored to have them as a part of your operations. Respectfully, c::l!ifJ;6- 'Terminal Quality Manager jimb(li!dasauioshiooers.com 1-800-826-1083 cx\5020 -.\.- . S t ~ fe Far m Ins u ran c e Com pan i e s@ A > Edrel Jaime Twedell's Towing 3116 N Pacific Hwy Medford, OR 97501 Rory C Wold, CLU 2019 Aero Way Suite 101 Medford, OR 97504 Office (541)773-1404 E-mail: rory@rorywold.net 09/03/2008 Ed, I just wanted to take a minute to send a note of thank you. I have been associated with State Fann Insurance for Jhe last 22 years so you can imagine how many towing claims ,,,;,. , I have seen. It is rare to see a tow company that has both excellent customer service and a consistentfair pricing structure. Twedell's Towing meets both criteria on a regular basis. ., I have encouraged State Fann to d~velop contracts with, local tow companies to keep the quality and pricing needed for our customers. However, to date they have not allowed that. If they ever move in that direction, as the largest State Fann agent in Jackson County, , will be recommending you for the first contract signed. I look forward to a continued business relationship. Thank you for all you do for my, customers. Sincerely, ieu;-C'tt1.d/ Rory C Wold, CLU . Agent State Fann Insurance Companies rorv@rorvwold.net HOME OFFleES: BLOOMINGTON. ILLINOIS 61710.0001 EXHIBIT H PROPOSED FEE SCHEDULE .,:.~.\ . Fees may be1>roposed for one or more categories. Each item within a proposed category must contain a fee or indicate no charge. The proposed fees for service are as follows: . AGENCY: Any tow of an Agency-owned vehicle or any vehicles towed in error by order of an Agency for which the Agency bears financial responsibility. CLASS A: A tow or services request, of a passenger vehiyle or truck or van, up to % ton size, or 10,000 GVWR unloaded, which requires a Class A tow truck. ' CLASS B: A tow, or service request, of a vehicle exceeding 10,000 GVWR, which requires a Ciass B tow truck. CLASS C: A tow, or service request, of a vehicle exceeding 20,000 GVWR that requires a Class C tow truck. Category I City and Non-Preference Tows 1. Class A Towing Service $ 100 Per 1eW h 0 u...Y 2. Class B Towing Service $ IZ5" Per JaW ho/A..lr 3: C1asa.C.Towing .Service $ If,lo Per~hov...v- ". 4. Outside Storage (per 24 hour period) $ 30 Per day 5. Inside Storage (per 24 hour period) $ ifo Per day 6. Police Investigation secure inside storage $ '2D Per day 7. Access to vehicle after 15 days (extended stay storage) $ L./D Gate and/or access fee 8. Recovery (charged in 15 minute intervalS) $ rp Per hour incLuded. 9. Access to vehicle after hours $ 10 Gate and/or access fee 10. Dolly and or flatbed fee $ rp Equipment fee j yJLi w:le J 11. Mileage between scene within urban $ /.50 Perhouran~o~ growth boundary and tow facility r' 12. Mileage between scene outside urban $ / ..5"0 Per mile growth boundary and tow facility 13. Mileage between scene and location, other $ / .S7:> Perhourand/~ tha!! ~ow. f~cility,.within the urbaQ g!",?~ bpundary 14. Mileage between scene and location, . $ I.SD Per mile other than tow facility, outside urban growth boundary 15. Standby time $ /6 Per hour 16. Removal of drive line $ ?P Flat fee j"d...J ((.d 17. Additional driver charge $ 1'500 Perhour(pD.f- 09+~ "e..e.Jeij 18. Flares $ S- Flat fee eo..c.1.-. 19. Dispatch fee '$ NO~ Flat fee 20. Re-tow fee $ Per tow @ "'0>'\. €-mUjW'j ,..,Je.r List any other charges, fees, or subcategories on a supplemental page. ~~., CITY OF ASHLAND 20 E MAIN ST. ASHLAND. OR 97520 (541) 488-5300 CITY RECORDER Page 1/1 ~;rr~~~[Jft..:rE~~ 10/29/2009 !"5!1lp.olN8MBERIF4'1 09286 VENDOR: 014772 TWEDELLS TOWING 3116 N PACIFIC HWY MEDFORD, OR 97501 SHIP TO: City of Ashland - Police Depl. 1155 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: Contact: Gail Rosenberq Confirming? No ~rQltciritf~A~ ~Unit~ ~:~t$~~~Ii:II.l3E.':,-fl ;~?8~.r;~~Descrr5tioiF'~;~?I},~;.i,~ji'~\2.';:~7}ji.,;;\~.:i:~~~1 ~?JuniifimCe~~;3] fii~1Ext:1'IDf~m I I Contracted Towing Services (1st Year). Estimated amount for City tows durinq FY 2010 1,000.00 BILL TO: Account Payabie 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 1 000.00 0.00 0.00 1,000.00 ~ccount;NUi1i~ ~ojeCt'lNuITi'Bei"Sf~ i:l~~m'ountt:TIJ;;Ifj ~1'AG'c_~unt~umBerT~~ B-ii!P.rojecijNUm~~~ ~"'mO'~ E 1 10.06.12.00.60164 1 000.00 ~.:t VENDOR COPY FOR1\! #1(1 I CONTRACT APPROVAL REQUEST FORM CITY Of ASHLAND Contractor/Consultant: C~ /?" 4 ': ~ 7!7 laJc-t: a~..vl:--<'? 0 t2- ;t:v<.r.--?~ . /' {;;,..~ u4 <./ [!f Per attached contract PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process D ExemDt Irom ComDelitive Biddino D Invitalion to Bid (Copies on file) D Emeraencv Reason lor exemption: ..,/ D Wotten findings attached D Quote or Proposai attached D Small Procurement & Personal Services [d"'Reouest lor ProDosal (Copies on file) CooDerative Procurement Less than $5.000 Pleas~ne: D State 01 Oregon Note: Total contract amount, including any Goods & Services Contract # amendments may not exceed $6,000 D Personal Services D State 01 Washington Intermediate Procurement D Sole Source Contract # GOODS & SERVICES D Wotten findings attached D Other government agency contract $5.00010 $75.000 D Quote or Proposal attached Agency D 13\ Wotten Quotes Contract # PERSONAL SERVICES D Soecial Procurement D Interagency Contract $5.00010 $50.000 D Wotten findings attached Agency D (3) Wotten Proposals D . Quote or Proposal attached Contract # Have all public contracting requirements been satisfied? YES ~ NO If "NO", City Council approval is required. City Council approval was received on (Date) Have funds been budgeted for the purpose of this contract? YES ~ NO If "NO", City Council approval is required. City Council approval was received on Please provide: Account Numbe("~e:. -~ ~ - ~ ~- !f- _~ ~_C Ii qt1 0 (Date) Is the a":1ount of the contract less than $25,000? YES ~ If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? YES .--- If 'NO', City Council approval is'required. City Council approval was received on . Is the contract for a period of 24-months or less? YES If "NO", City Council approval is required. City Council approval was received on ?? l' - ??- - ~. '7 (Date) ./ Please provide terms: Start date:/'/' - ~ - ~ Completion date//' - ,;3 c .- ;?- ~ / I' if. e tft---n'i-Y" ~ t' CZ~ & GL?O~ A.~cL-, ~/Y d'~y r,n..~ Can the contract be terminated for convenience thirty (30) or fewer days C~ ? u a.-r <;; If:",..-y-' """- 0/...0/..</ df if #' 7'~ following delivery of written notice to the contractor? . YES _ NO Prepared by: Council approval was received on (Date) . Department: '4-'i!--c?.~-f4~ Pleasecirc~ c~proved : / Not Approved ~}'jfA ~ - ~- Lee Tuneberg / Date: (~lf-r/cf ./ Date: / & - '7-f - c:P- '7 Form #10 - Contract Approval Request Form, Page 1 of 1, 10/fg'/2009 " CITY OF ASHLAND , A request for a Purchase Order REQUISITION FORM Date of Request: 10/27/09 THIS REQUEST IS A: o Change Order( existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name TwPrlpllc:;' Tnwing Intermediate Procuremenl D (3) Wotten Quotes (Copies attached) D Sole Source D Wotten findings attached D Quote or Pro al attached Cooperative Procurement D State 01 OR/WA contract D Other government agency contract D Copy 01 contract attached D Contract # Deeis D D Wotten findings attached D Quote or Pro sal attached D Emer<lencv D Wotten findings attached D Quote or Pro osal attached D Description of SERVICES o Per attached PROPOSAL Vehicle towing for police incidents Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number ______ - ___ o Per attached QUOTE Account Number 110.06.12.00.601640 . Items and servIces must be charged to the appropriate account numbers (or the financlals to reflect the actual expenditures accurately. Employee Slgnatur : infO%iOn provided above meets the City of Ashland public contracting requirements, ques . Supervisor/Dept. Head Signature: '-..2-.--1'...-7' /;4; t;----c-- I ~ ~ / Updated on: 1012712009