1-0050-102425 RFP Municipal Vehicle Towing Services.pdf

City of Nashua Purchasing Department

Administrative Services Division 229 Main Street - Nashua, NH 03060

(603) 589-3330 Fax (603) 594-3233

Request for Proposal

RFP0050-102425

Municipal Vehicle Towing Services

Article 1- Purpose of Agreement

The purpose of this agreement is to enter into a two-year non-exclusive agreement with a term commencing on or near January 1, 2026, and ending 24 months later, for the towing of vehicles at the request of the City of Nashua. The City shall be the sole determinant in awarding the contract to contractors that meet all the minimum evaluation criteria. The volunteer independent contractors shall maintain itemized records of all the tows and storage fees charged under this contract.

Article 2 Scope of Service

A. The contractor shall supply all labor, materials, and equipment to remove any motor vehicles, so ordered towed, from the City streets and City property to a storage place. The contractor shall have a place of business within the City of Nashua. The city shall also be provided with the names and addresses of all entities that have ownership or equity interest in the contractor. The City at its sole discretion may waive this requirement.

The place of business for the towing services shall include a posted and enclosed impound area within the City of Nashua. Such an impound area must be completely closed by a design that a person would believe that entering the enclosed area would constitute trespassing. Such lots shall have the capacity for 20 vehicles. The lot shall be posted in accordance with New Hampshire RSA 635:4 and signage consistent with RSA 635:4.

B. All services are to be performed in a safe manner and shall conform to Federal, State, and

Local laws.

C. The agreement may be terminated at any time if, in the sole opinion of the City, the contractor has failed to fulfill its responsibilities as expressed in this agreement.

Failure to fulfill Responsibilities includes, but it’s not limited to the following:

1. Refusal of the contractor to accept a tow assignment. A contractor shall not pass on a request for a tow. More than 3 passes in a (60) sixty-day period may result in the contractor being suspended or terminated from this agreement.

2. Failure to appear at the location of the tow within 20 minutes between the hours of 9:00

AM and 5:00 PM (business hours, excluding federal holidays) and in 30 minutes between the hours of 5:01 PM and 8:59 AM (after hours.) The City reserves the right to suspend or terminate the contractor from this agreement for a failure to timely respond on (3) three or more occasions in any 30 day period. All requests for tow services will be on a rotating basis.

3. Inability of the City Police Dispatcher to establish phone contact with the contractor due to the phone not being manned.

4. Failure to provide the number of tow vehicles as stated in the section dealing with snow emergencies.

5. The contractor engaging in a pattern of rude and/or disrespectful conduct to Police

Department employees, including persons reclaiming towed vehicles, and interacting with the contractor or their employees.

6. It is further agreed that this agreement may be terminated if, in the opinion of the City, there is reasonable or probable cause to believe that the contractor, their agents or employees, have committed a criminal offense in the conduct of their towing operations or arising from activity reasonably related thereto.

7. The contractor shall not assign, sublet, subcontract or otherwise transfer in any manner any portion of its rights or responsibilities under this agreement. Nor shall the contractor sell or transfer any of its rights or responsibilities under this contract.

8. The award of this agreement is for the named entity and is not transferable, subject to reassignment or resale.

9. The contractor shall record the name, date of birth, address, and phone number of any and all persons retrieving a vehicle that was towed or impounded by the Nashua Police

Department; said record shall be available for display to any Nashua Police Department

Officer upon request.

D. The contractor recognizes the City maintains the right to tow a vehicle out of rotation due to known delays in response or for any other reasonable police needs. Further, the City reserves the right to call for services from companies on or off the “list” if special circumstances require.

E. Collection of all tow fees or debts is the sole responsibility of the contractor.

F. In determining which tow companies will provide services as a contractor, a tow companies experience, availability, honesty, and past working relationships with the City will be taken into consideration. To protect the interests of the Citizens of Nashua, the City reserves the right to initiate, conduct, or follow up through investigative practice, the backgrounds of contractors and their employees. Some of those investigative checks may include but are not strictly limited to:

1. Criminal background check

2. Personal reference review

3. Financial reference review

4. Attorney General’s Office of Consumer Protection

5. Any other Law enforcement agency

6. Any other public or private agency.

G. In the event an investigative process is undertaken and the results determine a contractor or employee of the same to be involved in serious criminal conduct or an issue of moral turpitude then the Chief of Police or his designee shall review and take whatever action he/she deems appropriate. Those actions or reviews will be based on a case-by-case basis, and shall not be subject to the appeals process.

H. The contractor shall maintain and keep a current City of Nashua Business license that is governed by any and all applicable ordinances of the City of Nashua.

I. The principal contractor storage lot must be staffed and open, Monday through Friday

(excluding federal holidays) during the hours of 9:00 AM to 5:00 PM.

J. Between the hours of 5:01 PM and 8:59 AM. The contractor shall respond within 60 minutes to a closed storage lot or as scheduled with a consumer.

K. A person shall answer all calls from the Police Department to the contractor. Voicemail, answering machines, and/or similar devices or technologies are not permitted.

L. Upon acceptance and execution of this agreement in every six (6) months thereafter after the contractor shall:

1. Provide the City, a list of its wrecker operators, their qualifications, and a photocopy of their New Hampshire driver’s license.

2. The qualifications of any new operator shall be provided to the City within 10 days of employment by said contractor.

3. Any wrecker operator who operates a wrecker with a gross vehicle weight over

10,000 LBS, shall provide a photocopy of their medical certificate, to the City.

4. Notify the City, if any of its agents, servants, or employees, including tow truck drivers are charged with or convicted of any crime or motor vehicle violations.

M. Contractor wreckers shall display lettering on both sides of the vehicle that indicates the name of the contractor and wrecker service, the City and State in which the vehicle is usually based, and the business telephone number. Said lettering shall contrast sharply in color with the background be a minimum of 2 inches in height.

N. The City through the Nashua Police Department shall schedule, periodic meetings, with attendance of the contractor or his designee being mandatory. Failure to attend, may in the sole discretion of the Chief of the Nashua Police Department result in suspension of this agreement.

O. Contractors shall possess a minimum of two wreckers, one of which must be a flatbed type and each wrecker having a manufactured gross vehicle weight (GVW) of 10,000 LBS, with dual wheels and a (4) four-ton minimum “winching” capacity. Wrecker shall have the same meaning as RSA 259:126.

P. The Contractor shall maintain a secured, fenced, illuminated lot[s], for any vehicles, towed, excluding snow removal tows, and shall be solely responsible for such vehicles when in storage at one of its facilities, or while being towed. Said lots shall be constructed so as to prevent unauthorized persons from entering and shall be posted in accordance with New Hampshire RSA 635:4 and will specify the name and phone number of the agency responsible for the lot. Such lot[s] shall be subject to inspection by an authorized city representative for compliance with the provisions here in provided.

These provisions include the storage, and any special requirements for that storage, of vehicles or items designated by the city, or its agent, as likely to be used as evidence in a both criminal and civil investigations.

Mandatory wrecker equipment

A. Dolly wheels (with the tire being of Legal tread depth), snatch blocks, chains, and nylon tow straps. This equipment will not apply if the contractor runs only “flatbed style” wreckers.

B. Broom, shovel, new tarpaulin (minimum size 11 X 23), containers to place debris into, and other such materials necessary to safely tow vehicles and fulfill the requirements of this agreement.

C. A sufficient quantity of material to contain and collect spills at an accident or tow scene.

The contractor shall be responsible for all cleanup and disposal of such materials.

D. Equipment to be used by the contractor in the performance of this agreement may be inspected at any time by any member of the Nashua Police Department to ensure compliance with the specifications of this agreement and state law. The Nashua Police

Department may utilize a New Hampshire State Trooper, or a State Highway Enforcement

Officer to assist in the inspection of any wrecker at any time throughout the agreement period.

E. No debris shall ever be placed into a towed vehicle.

F. The contractor may exercise any lien it may have on a towed vehicle pursuant to New

Hampshire State law, except that:

The contractor shall release to the owner/operator of any towed vehicle all necessary, personal property, not customarily sold with and/or permanently attached to the vehicle. This shall be without regard to any lien, which the contractor may have upon the vehicle pursuant to New Hampshire State law.

G. A schedule of rates shall be printed and those shall be prominently displayed and affixed to the business office and tow lots of the contractor.

Article 3 appeal of suspension or termination

Any failure to observe or perform any of the terms of the agreement may result in the suspension or termination of the contractor from this agreement.

The City of Nashua shall give notice to the contractor stating at a minimum, the action being taken, and detailed reasons for the suspension or termination. Upon receipt of a notice of suspension or termination, the contractor shall, upon request, be allowed to view all materials in the possession of the Police Department, related to the reasons for the suspension or termination.

A. The contractor shall have the right to appeal a suspension or termination to the Chief of

Nashua Police Department. The appeal shall be in writing and filed with the Chief of

Police within 10 days from the date of the notice provided pursuant to paragraph 1 of this article. The appeal shall fully state all of the grounds for the appeal.

B. The Chief of Police or his/her designee shall be the hearing officer, and shall set a date for a hearing on the appeal and notify the contractor of the same. The hearing shall be held as soon as possible upon receipt of the appeal; a written decision shall be provided to the contractor within a reasonable time.

C. In the case of termination or suspension of a contractor from this agreement, the contractor waves any in all claims for damages.

D. The City may in its sole discretion waive any of these administrative requirements when it deems such waiver to be in the best interest of the City.

Article 4 Fee’s and Administrative Charges (this fee schedule shall pertain to passenger cars, sport utility vehicles, and light duty pickup trucks. Heavy duty tows are not included in this contract.

Basic tow/accident/service call $185.00

Skate and snatch blocks, or jack dollies

$70.00 one charge per tow

Labor in excess of one hour $70.00 per hour

Waiting time $70.00 per hour

Accident cleanup $185.00

Gate Fee $70.00

Storage $80.00 after 24 hours per day

Tarp/collision wrap $100 only at Police

Department request billed to the police department.

Snow emergency tow $155.00 per hour

City-owned vehicles $155.00 (ordered through PD to remain on list)

Police Department vehicles Free of charge (local tows)

Article 5 Snow Emergency

For the 2025-2026 Snow Season.

The City of Nashua Department of Public Works declares snow emergencies. The Nashua Police

Department through its volunteer independent contractors assists the agency in the removal of vehicles to allow the City of Nashua Department of Public Works to perform snow removal.

1. Each company on the list will be required to supply at least two tow trucks to be available to assist in this process.

2. Each company will be required to remove vehicles from City-owned streets, municipal lots, and or property with the assistance of a Nashua Police Officer to a dedicated lot within

City boundaries. After removing the vehicle to the dedicated lot the tow operator shall contact the Police Officer via telephone and respond back to the Officer’s current location.

3. The operator will be instructed by a Nashua Police Officer to remove the vehicle. If the owner comes out to retrieve their vehicle prior to the vehicle leaving, the operator shall remove the vehicle from the tow and become a police matter.

4. Tow trucks will be required to stay available for the duration of this operation. The company shall not use the same tow vehicles for non-snow emergency tows during a snow emergency, unless authorized by the Nashua Police in an emergency situation. If they are used the time shall be deducted from the billed time for the snow emergency.

For 2026-2027 Snow Season

1. The tow contractors will be responsible for staffing at the City’s temporary storage lot. The tow contractor’s staff will be responsible for maintaining a detailed log, including the location from which the vehicle was towed, the contractor that towed it, receiving payment, and releasing vehicles from the storage lot.

2. The Nashua Police Department will assign one officer to the respective City lot to preserve the peace and enforce applicable laws. This assignment will last for twenty-four hours from the start of the snow emergency.

3. The Nashua Police Department will assign officers to assist tow contractors while they are actively towing. Tow trucks will be dispatched to locations as directed by the Nashua

Police Officers. Only vehicles identified by a Police Officer will be towed. Each tow contractor will provide at least two tow trucks for each snow emergency event. Additional tow trucks may be requested by the city if circumstances dictate it.

4. City of Nashua snow emergency slips will be utilized. Each slip will be a three-part form. All writing will be clearly legible and include the tow contractors’ printed initials.

The tow truck operator shall document all visible damage to the vehicle being towed on the tow slip.

5. The tow contractors shall release to the owner/operator of any towed vehicle, any items as applicable by New Hampshire State RSA.

6. The tow contractor shall charge the owner/operator of the towed vehicle three hundred fifteen dollars ($315.00) per snow tow. The tow contractor will pay the City of Nashua one hundred and sixty dollars ($160.00) per snow tow no later than 15 days after the end of a snow emergency.

7. The respective storage lot will remain open for 24 hours after the start of the snow emergency. After the storage lot is closed, any remaining vehicles will be towed to the tow contractor’s lot. Vehicles towed to a tow contractor’s lot will incur an additional Fifty

($50.00) tow fee. No storage fees will apply for the first 24 hours at the tow contractor’s lot. After the first 24 hours, storage fees will apply.

8. No vehicles will be released from the City or tow contractor’s storage lots without payment of all incurred fees without the approval of the Police Department Supervisor or the

Director of Public Works.

9. The requirements for retrieving a vehicle towed during a snow emergency are;

A. Proof of ownership

B. Payment of the fee.

C. Cash and/or Credit are the only allowable transactions.

10. The City reserves the right to make changes to this agreement after the 2026-2027 season.

Article 6- Abandoned Vehicle

A vehicle will be deemed abandoned following the current guidelines of the New Hampshire RSA

262:40. Vehicles that have been deemed abandoned by the Nashua Police shall be removed from

City-owned property, parking lots, parking garages, and City-owned Streets at the discretion of the Nashua Police Department.

1. Vehicles that are removed from City-owned property, parking lots, parking garages, and City-owned Streets will be investigated by the Nashua Police for a violation of New Hampshire RSA 262:40. Restitution will be sought during the criminal proceeding for the cost of a towed vehicle.

2. Any vehicle deemed abandoned on a private lot will be investigated by the Nashua

Police for a violation of New Hampshire RSA 262:40, and the owner of the property will be instructed to have the vehicle removed by any tow company, at the property owners expense, per the guidelines in New Hampshire RSA 262:40. Restitution will be sought during the criminal proceeding for the cost of a towed vehicle.

3. Vehicles left abandoned at the Tow Contractors involved in this contract lots will be investigated by the Nashua Police as an abandoned vehicle.

At the discretion of a Nashua Police Officer, mid-sized and larger-sized abandoned campers and boats will be removed from City-owned streets and or property and towed to a designated lot in the City of Nashua. Tow contractors will be required to remove the vehicles and boats to the lot, and then complete all necessary paperwork for the City to deem the vehicle abandoned through the State of New Hampshire. Tow companies will be reimbursed for the tow at the following rates:

Mid-sized motorhomes/ trailers, and boats $350.00

Large sized motorhomes/ trailers $500.00

Article 7 – Non-Moving Violation Tows

A) Vehicles on City-Owned Property, Parking Lots, Parking Garages, and Public Right-of-

Way with unpaid fines and/or repeat violations or any other towable offenses.

1. The contractor agrees to tow, at no cost to the city of Nashua, any parked vehicle, as directed by a representative of the Nashua Police Department or person designated by the Nashua Police Department, in which the vehicle is being towed due to a towable parking violation, failure to pay parking citations, scoff law, or unauthorized vehicles parked in municipal lots or on-street parking spaces managed by the Parking Department.

D. The contractor agrees to hold the towed vehicle at the storage facility until the contractor is presented with an official City of Nashua Authorized Release Form originating from the Motor Vehicle Department acknowledging all fines owed to the city have been paid in full.

E. The contractor will collect any other fees or debts related to the vehicle being towed

Article 8- Insurance related issues

The contractor agrees to be insured as follows:

The contractor shall maintain in effect during the performance of services:

Comprehensive Commercial General Liability or Garage Liability Insurance

General Aggregate Limit $2,000,000

Products- Completed Operation Aggregate

Limit

$1,000,000

Personal and Advertising Limit $1,000,000

Each Occurrence Limit $1,000,000

Fire Damage Limit (anyone occurrence) $50,000

Garage Keepers Liability (Comprehensive, Collision)

This coverage should be primary and not excess

$200,000

Automobile Liability (bodily Injury and property damage limit of liability)

$1,000,000

Workers Compensation

• State of New Hampshire statutory benefits covering all employees injured on the job by accident or disease, including employer’s liability coverage in the amount of $100,000/

$500,000/ $100,000.The policy shall include an endorsement waiving the right of recovery against the City of Nashua.

Liability policies shall cover all operations, including the use of any motor vehicles and premises, as a continuing performance of the contracted services; as well as contractual liability covering this contract.

The contractor shall maintain in effect at all times during the performance under this contract all specified insurance coverage with insurers. None of the requirements as to types and limits to be maintained by the contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the contractor under this contract. The City of Nashua shall not maintain any insurance on behalf of the contractor. Subcontractors are subject to the same insurance requirements as the contractor and it shall be the contractor’s responsibility to ensure compliance with this requirement.

The parties agree that the contractor shall have the status of and shall perform all work under this contract as an independent contractor, maintaining control over its consultants, sub consultants, contractors, or subcontractors. The only contractual relationship created by this contract is between the City and the contractor consultants, sub-consultants, contractors, or subcontractors. The parties also agree that the contractor is not a City employee, and that there shall be no. :

1. Withholding of income taxes by the City;

2. Industrial insurance coverage provides;

3. Participation in group insurance plans, which may be available to employees of the City;

4. Participation or contributions by either the independent contractor or the City to the public employees' retirement system;

5. Accumulation of vacation leave or sick leave provided by the City;

6. Unemployment compensation coverage provided by the City;

The contractor will provide the City of Nashua with certificates of insurance for coverage as listed below and endorsements affecting coverage required by the contract within (10) calendar days after the City issues the notice of the award. The City of Nashua requires (30) days' written notice of cancellation or material change in coverage. The certificates and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is licensed by the

State of New Hampshire. General liability, garage keeper’s liability, employer’s liability, and auto liability policies must name the City of Nashua as an additional insured and reflect on the certificate of insurance. The contractor is responsible for filing an updated certificate of insurance with the City of Nashua’s Risk Management Department, 229 Main Street, Nashua, NH 03060, during the life of the contract. All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

• All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

• If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, the contractor must maintain umbrella liability insurance of at least $1,000,000.

All aggregates must be fully disclosed on the required certificate of insurance.

• The specified insurance requirements do not relieve the contractor of its responsibilities or limit the amount of its liability to the City or other persons, and the contractor is encouraged to purchase such additional insurance, as it deems necessary.

• The insurance provided herein is primary, and no insurance held or owned by the City of

Nashua shall be called upon to contribute to a loss.

• Contractor is responsible for and required to remedy all damage or loss to any property, including property of the City, caused in whole or part by the contractor or anyone employed, directed, or supervised by the contractor.

Regardless of any coverage provided by any insurance, the contractor agrees to indemnify and shall defend and hold, harmless the City, it’s agents, officials, employees and authorized representatives and their employees from and against any and all suits, causes of action, legal, or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, cost, and expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole, or in part by a reason of any negligent act, omission, or fault, or willful misconduct, whether active or passive, of the contractor or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract. The contractors' indemnity, defense, and hold harmless obligations, or portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party indemnified or held harmless.

The City of Nashua must be named as an additional insured on all liability certificates.

All subcontractors under the vendor will fully comply with New Hampshire RSA chapter 281-A

“workers' compensation”.

It is the responsibility of the vendor to submit to the City of Nashua certificates of insurance for the vendor and all other subcontractors prior to the start of the project. It is the responsibility of the vendor to provide the City of Nashua with updated certificates of insurance for the vendor and all subcontractors 10 days prior to the expiration of coverage. The City of Nashua, may at any time, order the vendor to stop work, suspend the contract, or terminate the contract for noncompliance. All subcontractors are subject to the same insurance requirements as the vendor.

The City of Nashua is exempt from all taxes. All bids must be F.O.B. Nashua, New Hampshire.

All vendors must comply with all applicable equal employment laws in regulations.

Proposal Submissions

Proposals will be evaluated on the basis of all information provided. To evaluate capability for completing the work as outline in this RFP each proposal should provide detailed responses to each of the following requirements as listed here:

• Company Overview

• Provide a detailed overview of your company and your understanding of this project

• Proposers should adequately address each item listed in the Scope of Services

• Experience and Qualifications

• Detail the experience of the firm. Include references and contact information.

References should include municipalities and/or other organizations of similar size which have deployed your solutions

• Outline qualifications of all proposed towing staff members

• Complete the contractor equipment form

• Please complete both forms and include them with your submission

Submission Process

The City is now accepting proposals electronically via Bonfire. The City is now accepting submittals electronically via Bonfire. Please review the electronic documents linked here, Bonfire

Vendor Registration and Bonfire Vendor Submission for more information. We strongly recommend that you give yourself sufficient time and at least one (1) business day before due date to begin the uploading process and finalize your submission. Copies are also available on the City’s website in the Purchasing section within the Bids section. If a vendor chooses to submit their proposal outside of Bonfire, the following are alternate options:

• Proposal Affidavit and Contractor Equipment Form https://nashuanh.bonfirehub.com/portal/?tab=openOpportunities https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28838/Bonfire-Process-Overview---Vendor-Submission

If a vendor chooses to submit their proposal outside of Bonfire, the following are alternate options:

Paper: Submission one (1) copy and one digital copy on a USB drive in sealed envelope(s) or package(s) clearly marked "RFP0050-102425" Proposals must be submitted in the format provided and address the item(s) specified in the RFP package.

Regardless of the method of submission, proposals must be received no later than 3:00pm on

Friday, October 24, 2025 in the Purchasing Department; City Hall, 229 Main Street, Room 11, Nashua, NH 03061. Postmarks or other timestamps will not be accepted in lieu of actual delivery.

Vendors can use whatever delivery mechanism it chooses as long as it remains clear that the vendor is responsible for submissions prior to the date and time.

The time of receipt shall be considered when a proposal has been officially documented by the

Purchasing Department, in accordance with its established policies, as having been received at the location designated above. The City accepts no responsibility for mislabeled mail. Any and all damage that may occur due to shipping shall be the vendor’s responsibility.

Further details are available on the City's website, www.nashuanh.gov, under Services; Bid

Opportunities; Current Bids, and on the Bonfire website; (Refer to Document RFP0050-102425).

The proposal will be opened in public on the due date and time. Results of the proposal opening will be posted on the City's website, www.nashuanh.gov, under Services; Bid Opportunities; Bid

Results; (Refer to Document RFP0050-102425) within twenty-four (24) hours of the opening.

Please note paper copies of proposal documents are not available in the City’s Purchasing Office.

The City assumes no liability for the payment of costs and expenses incurred by any party in responding to this invitation for proposals. All proposals become the sole property of the City of

Nashua. This request for proposals is not a contract and alone shall not be interpreted as such but rather serves as an instrument through which proposals are solicited.

The timeline for this project is as follows:

Projected Timeline Date

Deadline for Vendor Questions Monday, October 20, 2025, 10:00 am

Vendor Question Answers Posted Wednesday, October 22, 2025, 3:00 pm

Proposals Due Friday, October 24, 2025, 3:00 pm

Vendor Interviews TBD

Vendors are encouraged to submit questions via email; however, the City assumes no liability for assuring accurate and complete email transmission/receipt and is not responsible to acknowledge receipt. Inquires must be submitted in writing citing the RFP title/number, page, section and must be received no later than Monday, October 20, 2025 at 10:00 am to:

229 Main Street, Nashua, NH 03060

Purchasing@nashuanh.gov mailto:Purchasing@nashuanh.gov

The City will consider all timely received questions and requests for change and, if reasonable and appropriate will issue an addendum to clarify or modify this RFP. Answers to vendor submitted questions and other addenda will be posted on the City of Nashua website.

www.nashuanh.gov under Services; Bid Opportunities; Current Bids (Refer to RFP0050-

102425) and on Bonfire no later than Wednesday, October 22, 22025 at 3:00 pm.

The City hereby notifies all vendors that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award.

Pursuant to NRO 5-71 (A), the City of Nashua supports the concept of purchasing products which are biodegradable, can be or have been recycled, or are environmentally sounds. Due consideration will be given to the purchase of such products. If you are proposing any such products which qualify, please so indicate in a cover sheet by item number and description. We are also conscious of energy use and encourage vendors to propose products that are energy efficient.

All proposals are binding for ninety (90) days following the deadline for proposals, or until the effective date of any binding resulting contract, whichever is later.

Proposals must be submitted in the format provided and address the items specified in this request.

The City may reject any or all of the proposals on any basis and without disclosure of a reason.

The failure to make such a disclosure shall not result in accrual of any right, claim or cause of action by any unsuccessful proposer against The City. The City reserves the right to waive any irregularities when the public interest will be served thereby. The City also reserves the right to negotiate any change or amendment in any proposal without soliciting further requests for proposals if the action is necessary for the best interest of The City.

The City of Nashua will reject the proposal of any vendor who is presently debarred, declared ineligible or excluded by any Federal department or agency, and reserves the right to reject the proposal of any proposer who has previously failed to perform any contract properly for any purchaser, or to complete on time, contracts of a similar nature, who is not in the position to perform the contract, or who has neglected the payment of bills or otherwise disregarded its obligations to clients, purchasers, subcontractors, material men, or employees.

The City is exempt of all taxes. All proposals must be FOB Nashua, NH. All vendors must comply with all applicable Equal Employment Opportunity laws.

Pursuant to NRO 5-78 (F), the Purchasing Manager shall not solicit a bid from a contractor who is in default on the payment of taxes, licenses or other monies due the City. Therefore, this bid request is void as to anyone who is in default on said payments.

Sincerely, Amy Girard

Purchasing Manager, City of Nashua girarda@nashuanh.gov http://www.nashuanh.gov/ mailto:girarda@nashuanh.gov

Purchasing Department

Administrative Services Division 229 Main Street - Nashua, NH 03060

(603) 589-3330 Fax (603) 594-3233

Proposal Affidavit

1. The undersigned vendor proposes and agrees, if this proposal is accepted, to enter into an agreement with the City in the form included in the Proposal Documents to perform all work as specified or indicated in the Proposal Documents for the prices and within the times indicated in this Proposal and in accordance with the other terms and conditions of the Proposal Documents.

2. Vendor accepts all of the terms and conditions of the advertisement or Request for Proposals and

Instructions to vendors. The Proposal will remain subject to acceptance for 90 days after the day of proposal opening, or for such longer period of time that vendor may agree to in writing upon request of

OWNER.

3. In submitting this Proposal, vendor represents, as set forth in the Agreement that:

A. Vendor has examined and carefully studied the Proposal Documents and the following

Addenda, receipt of all which is herby acknowledged.

Addendum No. Addendum Date

4. Vendor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the proposal.

5. The Proposal Documents are general sufficient to indicate and convey understanding of all terms and conditions for performance of the work for which this proposal is submitted.

6. Vendor has correlated the information known to Vendor, information and observations obtained from the RFP in the Proposal Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Proposal Documents.

RFP # RFP 0050-102425

Description: Municipal Vehicle Towing Services

This Proposal is submitted to: City of Nashua

Purchasing Department

229 Main Street, City Hall

Nashua, NH 03061

7. Vendor has given written notice of all conflicts, errors, ambiguities, or discrepancies that Vendor has discovered in the Proposal Documents, and the written resolution thereof by the City is acceptable to

Vendor.

8. The Proposal Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the work for which the proposal submitted.

9. Vendor further represents that this proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Vendor has not directly or indirectly induced or solicited any other Vendor to submit a false or sham Proposal: Vendor has not solicited or induced any individual or entity to refrain from Proposing; and vendor has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City.

Submitted by:

Company Name:

Name of Individual:

Title:

Address:

Phone:

Email:

Authorized Signature: Date:

Printed Name & Title:

Minimum of two tow truck vehicles are required during each snow emergency towing event.

Vehicle #1:

Description ___________________________

Year ___________________________

Make ___________________________

Model ___________________________

Size/Capacity ___________________________

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Municipal Vehicle Towing Services

RFP0050-102425

CONTRACTOR EQUIPMENT FORM

RFP0050-102425 Municipal Vehicle Towing Services 229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

AG 1 of 3

CONTRACT FOR INDEPENDENT CONTRACTOR

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060

AND

and its successors, transferees and assignees (together “Independent Contractor”)

NAME AND TITLE OF INDEPENDENT CONTRACTOR

ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready, willing and able to perform and render the services hereinafter described;

NOW, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are made part of this contract:

Exhibit A--General Conditions for Contracts

Exhibit B--

The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, proposals, representations or agreements, either written or oral. Any other documents which are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the

AG 2 of 3 written change order or the fully executed City of Nashua Purchase Order shall control over the terms of the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor shall furnish all services, equipment, and materials and shall perform all operations necessary and required to carry out and perform in accordance with the terms and conditions of the contract the work described.

DESCRIPTION OF WORK:

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work by which date shall only be altered by mutually approved written agreement to extend the period of performance or by termination in accordance with the terms of the contract. Independent

Contractor shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City of Nashua.

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed

DOLLARS

The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent

Contractor shall submit an itemized Application for Payment for operations completed in accordance with the values stated in the Agreement. Such applications shall be supported by such data substantiating the

Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent

Contractor shall submit requests for payment for services performed under this agreement directly to:

Electronically via email to VendorAPInvoices@NashuaNH.gov

OR

Paper Copies via US Mail to:

City of Nashua, City Hall

Accounts Payable

229 Main Street

Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

AG 3 of 3

The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent

Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until the date of execution by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid, and registered or certified, and shall be addressed to:

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be given to and received by the addressee thereof on the third business day after being deposited in the mail.

The City of Nashua or Independent Contractor may change the address or representative by giving written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally bound thereby.

City of Nashua, NH (signature) Authorized Representative (signature)

James W Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)

Date Date

GC 1 of 13

EXHIBIT A

TABLE OF CONTENTS

GENERAL CONDITIONS

1. DEFINITIONS GC--2

2. INDEPENDENT CONTRACTOR STATUS GC--2

3. STANDARD OF CARE GC--2

4. CITY OF NASHUA REPRESENTATIVE GC--3

5. CHANGES TO SCOPE OF WORK GC--3

6. CITY OF NASHUA COOPERATION GC--3

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR

DISCREPANCIES GC--4

8. TERMINATION OF CONTRACT GC--4

9. DISPUTE RESOLUTION GC--6

10. NO DAMAGES FOR DELAY GC--6

11. INSURANCE GC--7

12. INDEMNIFICATION GC--7

13. FISCAL CONTINGENCY GC--8

14. COMPENSATION GC--8

15. COMPLIANCE WITH APPLICABLE LAWS GC--8

16. NONDISCRIMINATION GC--8

17. ENDORSEMENT GC--9

18. ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING GC--9

19. CITY INSPECTION OF CONTRACT MATERIALS GC--9

20. DISPOSITION OF CONTRACT MATERIALS GC--10

21. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS GC--10

22. FINAL ACCEPTANCE GC--11

23. TAXES GC--11

24. NON-WAIVER OF TERMS AND CONDITIONS GC--11

25. RIGHTS AND REMEDIES GC--11

26. PROHIBITED INTERESTS GC--11

27. THIRD PARTY INTERESTS AND LIABILITIES GC--12

28. SURVIVAL OF RIGHTS AND OBLIGATIONS GC--12

29. SEVERABILITY GC--12

30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT GC--12

31. CHOICE OF LAW AND VENUE GC--13

GC 2 of 13

General Terms and Conditions

1. DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its successors, transferees and assignees (together “Independent Contractor”) includes any of the Independent Contractor's consultants, sub consultants, contractors, and subcontractors

2. INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall have the status of and shall perform all work under this contract as an Independent Contractor, maintaining control over all its consultants, sub consultants, contractors, or subcontractors. The only contractual relationship created by this contract is between the City of Nashua and Independent Contractor, and nothing in this contract shall create any contractual relationship between the City of Nashua and Independent Contractor's consultants, sub consultants, contractors, or subcontractors. The parties also agree that Independent Contractor is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of the

City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the City of

Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

3. STANDARD OF CARE Independent Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all work performed under this contract.

Independent Contractor warrants that all work shall be performed with the degree of professional skill, care, diligence, and sound practices and judgment that are normally exercised by recognized professional firms with respect to services of a similar nature. It shall be the duty of Independent Contractor to assure at its own expense that all work is technically sound and in conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other requirements. In addition to all other rights which the City of Nashua may have, Independent Contractor shall, at its own expense and without additional compensation, re-perform work to correct or revise any deficiencies, omissions, or errors in the work or the product of the work or which result from Independent Contractor's failure to perform in accordance with this standard of care. Any approval by the City of Nashua of any products or services furnished or used by Independent Contractor shall not in any way relieve Independent Contractor of the responsibility for professional and technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance of, or payment for any of Independent Contractor's work under this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action under this contract, and Independent Contractor shall be and remain liable in accordance with the terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work under this contract. The City of Nashua reserves the right to approve key personnel assigned by

GC 3 of 13

Independent Contractor to perform work under this contract. Approved key personnel shall not be taken off of the project by Independent Contractor without the prior written approval of the City of Nashua, except in the event of termination of employment. Independent Contractor shall, if requested to do so by the City of Nashua, remove from the job any personnel whom the City of Nashua determines to be incompetent, dishonest, or uncooperative.

4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua representative for this contract. If designated, all notices, project materials, requests by Independent Contractor, and any other communication about the contract shall be addressed or be delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make changes to the general scope, character, or cost of this contract and in the services or work to be performed, either increasing or decreasing the scope, character, or cost of Independent Contractor's performance under the contract. Independent Contractor shall provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal for a change shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua will then determine in writing if Independent Contractor should proceed with any or all of the proposed change. If the change causes an increase or a decrease in Independent Contractor's cost or time required for performance of the contract as a whole, an equitable adjustment shall be made and the contract accordingly modified in writing. Any claim of Independent Contractor for adjustment under this clause shall be asserted in writing within 30 days of the date the City of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any work commences, estimate their effect on the cost of the contract and on its schedule and notify the City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua will then determine in writing if Independent Contractor should proceed with any or all of the proposed change.

Except as provided in this paragraph, Independent Contractor shall implement no change unless the City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the provisions of this contract shall apply to all changes. The City of Nashua may provide verbal approval of a change when the City of Nashua, in its sole discretion, determines that time is critical or public health and safety are of concern.