1-Bid Packet On-Call Towing Services Version 1.2 Dated 092625.pdf

Page 1 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

COVER PAGE

NOTICE TO BIDDERS - THIS BID AT A GLANCE

1. This solicitation will award the two (2) most-qualified bidders.

2. The two awarded bidders will be awarded as follows:

a. One awarded towing company who can best serve East of Kerlin St.

b. One awarded towing company who can best serve West of Kerlin St.

3. Bidders will not select their preference for East versus West. The City will decide upon the award.

4. This solicitation is for an initial three-year term (3 years) with the possibility to extend for two (2), additional one-year terms (Year 4 and Year 5).

5. The services requested in this solicitation pertains to On-Call Towing Services

6. This project is expected to be awarded in mid-to-late October with a 1/1/2026 start date.

7. Bidders must be licensed, insured (with minimum thresholds).

8. Bidders are asked to explore the streets of Chester to acquaint themselves with the community, the alleys, narrow streets, the direction of streets, etc., before bidding.

9. The City will award to responsible bidders who meet the requirements and qualifications in the bid specification and in the best interest of the City.

10.The City of Chester uses PennBid to procure products and services. Any vendor/company can register with PennBid, for free, by clicking on the “Register” button in the upper right hand corner at PennBid.

11.Sealed electronic bids will be received via PennBid (https://PennBid.net). Physical paper bid copies will not be accepted.

12.There is no public bid opening ceremony for this solicitation; a written recording of the electronic bid opening will be posted via a PennBid Public Notice.

13.The Bidder(s) awarded a Contract will be required to pay “PennBid” a fee of 0.0033% (1/3 of 1 percent) up to a maximum of $6,000 of the Contract award value.

14.All prospective bidder questions, and the corresponding answers from the City, regarding this solicitation will be posted on PennBid via the “Messages” menu under the “Public Q&A” Tab by the posted deadline. This serves as an electronic bulletin board. The City cannot answer questions after the Public Q&A period has expired.

15.The awarded bidder(s) will not be able to commence work until an approved Council resolution in a public meeting; a mutually-signed contract by the Mayor; approval by the City Solicitor, and a Notice-to-Proceed Letter has been issued by the City of Chester. No exceptions.

16.The City appreciates Diverse Business Proposals but they are not required for this solicitation.

17.All bidder submissions require a minimum of 20 (twenty) requested items (i.e., documents, acknowledgements, etc.) as specifically outlined. These are simple and straightforward.

18.The City of Chester reserves the right to reject any and all bids and the right to waive any technicalities that may be required in the best interest of the City of Chester. This is not a contract, but an intention to contract without any obligations to contract.

19.The City is not at liberty to provide specific feedback to those bidders who did not win the award.

Thank you in advance for your time and effort to submit a proposal to meet the City’s needs.

Bid Packet - Version 1.2 Dated 9/26/2025 https://pennbid.bonfirehub.com/portal/?tab=openOpportunities https://pennbid.net/

Page 2 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

BID PACKET

ON-CALL TOWING SERVICES

TABLE OF CONTENTS

I. INTRODUCTION

A. ABOUT THE ORGANIZATION:

B. ABOUT THIS SOLICITATION

II. SUPPLEMENTAL

A. PROJECT OVERVIEW AND CHARACTERISTICS

B. BIDDER REQUIREMENTS

C. BIDDER INSTRUCTIONS - HOW TO RESPOND TO THIS SOLICITATION

III. MASTER

A. DEFINITIONS

B. ADDENDA

C. AUTHORITY

D. AUTHORIZATION TO DELIVER MATERIAL OR SERVICES

E. AWARD CRITERIA

F. BID PREPARATION AND SUBMISSION

H. CONTROLLING LAW

I. TAX EXEMPTION STATUS

J. DEFECTIVE OR DAMAGED WORK

K. GUARANTY

L. INDEMNIFICATION

M. INSURANCE

N. OBSERVANCE OF LAWS

O. SUBLETTING PROHIBITED

P. INFORMATION AND CONDITIONS

Q. CONTRACT TERMINATION

R. ACCESS TO ACCOUNTING AND PAYROLL RECORDS

S. DIVERSE BUSINESS PROPOSAL

T. ORAL PRESENTATIONS (Optional)

U. SELECTION PROCESS

IV. EXHIBITS

EXHIBIT A: ORDINANCE, ARTICLE 519

EXHIBIT B: ON-CALL TOWING FEE SCHEDULE

EXHIBIT C: APPLICATION FOR CHESTER CONTRACTOR LICENSE AND BUSINESS PRIVILEGE LICENSE

Page 3 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

I. INTRODUCTION

This Request for Bid (RFB) is broken down into two sections:

1. a SUPPLEMENTAL section and

2. a MASTER section.

The MASTER is the standard terms and conditions applicable to all projects within the City of Chester. The SUPPLEMENTAL section is specific to the particular project.

A.ABOUT THE ORGANIZATION:

The City of Chester is a small, densely populated city spanning 4.97 sq. miles.

The City of Chester municipality, located in Delaware County, Pennsylvania is an estimated $65M annual operation primarily led by five elected officials including a Mayor. The municipality has approximately 225 employees across 5 departments, serving ~32,600+ residents. Chester is an ACT 47, Third Class City Code municipality that is currently undergoing a transformation with a Receiver appointed (in 2020) by the PA State Governor to help the City recover from the current Chapter 9 bankruptcy (filed November, 2022). The organization culture consists of a Receiver Team (consulting firms), Operations Team (City employees led by a Chief of Staff/City Administrator including a Chief Financial Officer), and City Council (Elected Officials). The current focus is to put people, processes, and policies in place to support the Recovery Plan. Click here to learn more about the City of Chester.

B.ABOUT THIS SOLICITATION

The City of Chester is soliciting bids from licensed towing companies to respond 24 hours a day, 7 days a week, 365 days a year at the request of law enforcement, municipal officials, or other authorized agencies. These on-call towing services are provided under a 03/26/25 Council-approved ordinance (Article 519) and towing fee schedule (09/24/25 Council-approved resolution), and are intended for the prompt and safe removal/storage of vehicles that pose a hazard, are illegally parked, disabled, wrecked, abandoned, evidentiary, or otherwise require relocation. This solicitation will be awarded to the two most qualified towing companies to provide service to East of Kerlin Street and West of Kerlin Street.

https://www.chestercity.com/city-officials/city-council/ https://www.chesterreceivership.com/ https://www.chesterreceivership.com/receivership-team https://www.chestercity.com/

Page 4 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

II. SUPPLEMENTAL

This section refers to the specific PROJECT.

A.PROJECT OVERVIEW AND CHARACTERISTICS

The CITY has provided this high-level detail for insight into the PROJECT and the expectations for BIDDERS to comply.

ITEM COMPONENT DESCRIPTION

1. PROJECT NAME: On-Call Towing Services

2. PROJECT BID

NUMBER: 2025-012

3. PROJECT

DESCRIPTION:

On-Call Towing Services as outlined in Exhibit A:

Ordinance, Article 519, Passed 032625

4. PROJECT TYPE: Service Related

5. PROJECT

PRICING: As outlined in Exhibit B: On-Call Towing Fee Schedule

6.

PROJECT

PROCUREMENT

SCHEDULE:

(ESTIMATED)

A. Bid Opening Date: Sep 26, 2025 4:00 PM B. Bid Q&A Deadline: Oct 3, 2025 5:00 PM C. Bid Solicitation Closing Date: Oct 10, 2025 5:00 PM D. Anticipated Unseal Electronic Bid Opening Date:

Oct 13, 2025 9:00 AM E. Anticipated Bid Evaluation Date: Oct 15, 2025 F. Anticipated Bid Award Date: (Council Oct 22, 2025

Meeting) G. Anticipated Mutually-Signed Fully Executed Contract

Date: Nov 25, 2025 H. Anticipated Notice-to-Proceed Date: Dec 1, 2025 with an effective starting date of 1/1/2026

7. PROJECT SCOPE

OF WORK: See Exhibit A: Ordinance, Article 519, Passed 032625

8. PROJECT BID

SUPPORT:

● Tier I Support: PennBid

○ Questions regarding this bid opportunity should be posted on PennBid via the “Messages” menu under the “Public Q&A” Tab. The Project Team will respond in a timely manner.

Page 5 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

9. PROJECT BID

FORMAT:

Electronic through PennBid. Paper bid submissions will not be accepted.

10. PROJECT AWARD

CRITERIA:

The two (2) Most-Responsible, Qualified Bidders that serve the best interests/needs for the City of Chester.

11. PROJECT

CONTRACT TYPE:

Term Contract

● Initial three-year term (3 years) with two (2) additional, one-year terms (Year 4 and Year 5).

B. BIDDER REQUIREMENTS

1. BONDING

REQUIREMENTS:

None required

2. INSURANCE

REQUIREMENTS:

1. COMPREHENSIVE GENERAL LIABILITY

a. Each Occurrence Limit - $1,000,000

b. Personal & Advertising Injury Limit

$1,000,000

c. General Aggregate $2,000,000

d. Products & Completed Operations

Aggregate $2,000,000

2. AUTO LIABILITY

a. Each Accident — Combined Single

Limit $1,000,000.

3. UMBRELLA OR EXCESS LIABILITY (To overlay General Liability, Auto Liability, Garage Liability and Employer's Liability coverages)

a. Each Occurrence $3,000,000

b. Aggregate $3,000,000

4. GARAGE LIABILITY

a. $1,000,000.00 Combined Single Limit (CSL), for each accident including auto liability for any auto, and garage keepers legal liability of 1,000,000/loss covering collision and comprehensive, which will include damage incurred from towing, the perils of fire and explosion, theft of an entire vehicle or any part thereof, riot, civil commotion, vandalism, Page 6 Project Name: On-Call Towing Services Bid Number: RFB 2025-012 and not less than $100,000 per occurrence for malicious mischief.

Note that General Liability, Auto Liability, Garagekeepers Liability and Garage Liability can be provided under separate policies or combined under an Auto dealers policy.

5. WORKERS' COMPENSATION /

EMPLOYER'S LIABILITY

a. As required by statute

6. EMPLOYER’S LIABILITY

a. Each Accident: $500,000

b. Each Employee for Injury by Disease:

$500,000

c. Aggregate for injury by Disease:

$500,000

Workers' Compensation policy shall include a Waiver of Subrogation against The City of Chester, its elected officials, agents, and employees.

For the bidder’s Certificate of Insurance (ACORD) the City of Chester, its elected officials, agents, and employees must be referenced as Additional Insured under the General Liability for ongoing and completed operations as well as an Additional Insured on the Auto Liability and Umbrella Liability.

Contractor’s Commercial General Liability, Auto Liability, and Umbrella/Excess Policy shall be Primary to and will not require contribution from any other insurance under which the Additional Insured is a Named Insured. To the fullest extent permitted by applicable state law, all policies shall contain a Waiver of Subrogation Clause. The Certificate shall note the project and provide that no policies may be canceled without thirty (30) days advance written notice to the City.

Such certificate shall be issued to:

City of Chester Attn: Procurement Coordinator 1 E. 4th St.

Chester, PA 19013.

Ensure in the description of operations section of the Certificate of Insurance please have “RFP 2025-012;

On-Call Towing Services, City of Chester”

Page 7 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

All insurance policies shall be in effect with companies holding an A.M. Best rating of “A-“ or better or financial rating of IX or better with the A.M.

Best’s Company Key Rating, Guide Latest Edition and shall be licensed or authorized to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the City. Said policies shall remain in full force and in effect until one year after the Certificate of Occupancy has been issued (project completion date) or until completion of all duties to be performed hereunder by the Contractor, whichever shall occur later.

3. LICENSE REQUIREMENTS:

A. Current and valid PA business registration.

B. Commercial Drivers License (CDL) for each driver in your company

C. PA Sales Tax License D. Salvor’s License Titled to the Business

Name E. City of Chester Business Privilege

License (can obtain once awarded) - $25 per year.

a. See Exhibit C for Application F. City of Chester Commercial Contractor

License - $120 per year

a. See Exhibit C for Application

G. Other - as outlined in Section 4 (Page 5) of the Chester On-Call Towing Ordinance

4. COMPLIANCE

REQUIREMENTS

A. Must comply with all title 75 (Vehicle Code) and Title 67 (Transportation)

B. Other - as outlined in Exhibit A:

Ordinance, Article 519, Dated 032625

5. CAPABILITY

REQUIREMENTS

A. Reliable, licensed, and insured fleet and manpower.

B. Response time less than or equal to 30 minutes.

C. Management Reporting of all data associated with each tow including charges to vehicle owners.

D. Quarterly Meetings with City personnel to review operational efficiency (successes/setbacks/improvements, etc.)

E. Pricing Transparency F. Single Point of Contact for City G. No sub-contracting

Page 8 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

C. BIDDER INSTRUCTIONS - HOW TO RESPOND TO THIS

SOLICITATION

Thank you again for your interest in bidding for this opportunity. We appreciate your organization’s time and effort to respond to our municipality needs.

The City of Chester utilizes PennBid to aggregate, manage and communicate with registered bidders. Any vendor/company/non-profit can register with PennBid, for free, by clicking on the “Register” button in the upper right hand corner at PennBid.

Please note, your company, as a bidder, must register with PennBid to retrieve all bid documents and to be able to submit bid proposals/inquiries/clarifying questions. For questions regarding registration please contact the PennBid team at 610-693-4769 or go to https://PennBid.net/vendor-bidder-information/

SUBMISSION AND UPLOAD REQUIREMENTS

It is required that your response is submitted using the PennBid portal. The system will time stamp and confirm receipt of submissions. Please note, all bid responses, supporting documents, and required signed acknowledgements must be uploaded, saved, and submitted via the PennBid platform. The City will not accept paper submissions for this solicitation.

We understand and appreciate that bid responses may be time consuming. This is, however, Public Sector Procurement (Municipality Government), and the City must comply with grant/other regulations as stewards for our residents.

GUIDE FOR SUBMISSIONS / CHECKLIST

Please use the illustration on the next page as your guide to respond to this opportunity. It provides a visual representation/checklist as to what specifically you need to submit with your bid.

https://pennbid.bonfirehub.com/portal/?tab=openOpportunities https://pennbid.net/vendor-bidder-information/

Page 9 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

IMPORTANT:

The following illustration highlights what the City is expecting from each BIDDER and the suggested format for the BIDDER’S response to this Request for Bid. BIDDERS are encouraged to use the following as a guide / checklist for their individual submissions. All documents can be found under the “Public Files,” “Bid Tables”, or “Questionnaires” tabs within PennBid for this solicitation. All submissions must be submitted electronically via PennBid. Documents must be uploaded individually to ensure all required documents are included to validate your proposal and ensure any grant compliance (if applicable). This also expedites the contract process should your proposal be awarded.

PennBid Cross Reference Points (when you are in

PennBid)

FOR YOUR

SUBMISSION

DESCRIPTION “SUGGESTED”

PAGE LENGTH Header Name Header Item

1. REQUIRED

TOWER QUALIFICATIONS QUESTIONNAIRE (EXCEL PROVIDED BY CITY, LISTED UNDER “QUESTIONNAIRE” in PennBid )

● INSTRUCTIONS: Download, simple to populate, save, upload with your PennBid electronic submission. This questionnaire tells the City about you/your firm and serves as a job application (so-to-speak).

N/A Questionnaire 1

2. REQUIRED

NON-COLLUSION AFFIDAVIT (PDF PROVIDED BY THE CITY - LISTED UNDER “PUBLIC FILES” in PennBid)

● INSTRUCTIONS Download, simple to populate, sign, scan, and upload with your PennBid electronic submission. This document substantiates the integrity of the bid.

N/A Supporting Documents 1

3. REQUIRED

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM (PDF PROVIDED BY THE CITY - LISTED UNDER “PUBLIC FILES” in PennBid)

● INSTRUCTIONS: Download, simple to populate, sign, scan, and upload with your PennBid electronic submission.

N/A Supporting Documents 2

4. REQUIRED

CAMPAIGN CONTRIBUTIONS DISCLOSURE FORM (PDF PROVIDED BY THE CITY - LISTED UNDER “PUBLIC FILES” in PennBid)

● INSTRUCTIONS: Download, simple to populate, sign, scan and upload with your electronic PennBid

N/A Supporting Documents 3

5. REQUIRED

CONFLICT OF INTEREST FORM (PDF PROVIDED BY THE CITY - LISTED UNDER “PUBLIC FILES” in PennBid)

● INSTRUCTIONS: Download, simple to populate, sign, scan, and upload with your PennBid electronic

N/A Supporting Documents 4

6. REQUIRED

ACORD CERTIFICATE OF INSURANCE (The standard ACORD Certificate that highlights all of your current business insurance coverages with the “City of Chester 1 E. 4th St. Chester, PA 19013” sited in the Certificate Holder section at bottom of form) See Bidder Requirements for minimum insurance coverage thresholds.

N/A Supporting Documents 5

Page 10 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

● INSTRUCTIONS: Every insurance company provides an ACORD. Just ask your insurance company. Upload with your PennBid electronic submission.

7. REQUIRED

CERTIFICATE AS TO CORPORATE PRINCIPAL (PDF PROVIDED BY CITY - LISTED UNDER “PUBLIC FILES” in PennBid)

● INSTRUCTIONS: Download, simply read, complete, sign, scan, and upload with your PennBid electronic

N/A Supporting Documents 6

8. REQUIRED

FLEET INVENTORY

● INSTRUCTIONS: In pdf format, upload a complete list of your towing vehicles that will serve this contract (if awarded), including:

1. Year

2. Make

3. Model

4. VIN Number

5. License Plate - State/Number

6. Type of Wrecker

N/A Supporting Documents 7

9. REQUIRED

DRIVER INVENTORY

● INSTRUCTIONS: In pdf format, upload a complete list of your current CDL Driver Names and their CDL license numbers

N/A Supporting Documents 8

10. REQUIRED

SALVOR LICENSE

● INSTRUCTIONS: In pdf format, upload a copy of your Salvor’s License titled to your Business Name.

Documents 9

11. REQUIRED

TOWING INVOICE SAMPLE

● INSTRUCTIONS: In pdf format, upload an example of your towing invoice showing details such as:

1. Tow incident number

2. Tow date/time

3. Police Officer name

4. VIN

5. Plate

6. Type of tow (flatbed, wheel lift, etc.)

7. Type of towing situation (illegal, abandoned, etc.)

8. Tow origination/destination points;

9. towing charges

10. etc.

Documents 10

Page 11 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

12. REQUIRED

EMERGENCY RESPONSE AND DISPATCH PLAN

● INSTRUCTIONS: In pdf format, upload a summary of your emergency response and dispatch plans including response times.

N/A Supporting Documents 11

13. REQUIRED

COMPLAINT, SUITS, AND SUSPENSIONS

● INSTRUCTIONS: In pdf format, upload a summary list of complaints, civil suits, or any license suspensions and the associated resolutions within the past 5 years.

N/A Supporting Documents 12

14. REQUIRED

STORAGE YARD DEMOGRAPHICS

● INSTRUCTIONS: In pdf format, upload a summary of your storage yard demographics such as:

1. Hours of operation

2. Size

3. Security Method (Fence, Cameras, etc,)

4. Lighting

5. Pictures

6. Payments Accepted

7. Etc.

N/A Supporting Documents 13

15. REQUIRED CONFIRMATION YOUR FIRM READ, UNDERSTOOD, AND AGREES TO THE CITY OF CHESTER ON-CALL TOWING ORDINANCE (EXHIBIT A). (TEXT FIELD ONLY) N/A Acknowledge ments 1

16. REQUIRED CONFIRMATION YOUR FIRM READ, UNDERSTOOD, AND AGREES TO THE ON-CALL TOWING SERVICE FEE SCHEDULE (EXHIBIT B) (TEXT FIELD ONLY) N/A Acknowledge ments 2

17. REQUIRED

WORKERS COMPENSATION ACKNOWLEDGEMENT (PDF PROVIDED BY CITY - LISTED UNDER “PUBLIC FILES” - in PennBid

● INSTRUCTIONS: Download, simply read, comprehend, sign, scan, and upload with your PennBid electronic

N/A Acknowledge ments 3

18. REQUIRED

SEXUAL HARASSMENT AND NON-DISCRIMINIATION ACKNOWLEDGEMENT (PDF PROVIDED BY CITY - LISTED UNDER “PUBLIC FILES” in PennBid)

● INSTRUCTIONS: Download, simply read, comprehend, sign, scan, and upload with your PennBid electronic

N/A Acknowledge ments 4

19. REQUIRED

DEBARMENT AND SUSPENSION ACKNOWLEDGEMENT (PDF PROVIDED BY CITY - LISTED UNDER “PUBLIC FILES” in PennBid)

1. INSTRUCTIONS: Download, simply read, comprehend, sign, scan, and upload with your PennBid electronic

N/A Acknowledge ments 5

Page 12 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

20. REQUIRED

ADDENDA - (TEXT FIELD ONLY)

● INSTRUCTIONS: If the City issued Addenda for this solicitation, you will need to confirm that you received and read by typing the addendum number and date in the text field provided. If no addendums were issued, you will need to type in “None”.

N/A Acknowledge ments 6

OPTIONAL, AND

ONLY IF

APPLICABLE

Upload DIVERSE BUSINESS ENTERPRISE Certificate (If applicable)

1. Minority-owned Enterprise (MBE)

2. Women-owned enterprise (WBE)

3. Small-business enterprise (SBE)

4. Disadvantaged business enterprise (DBE)

5. Veteran-owned business enterprise (VBE)

6. Service-disabled veteran-owned business enterprise (SDVBE)

7. Etc.

N/A Supporting Documents 14

OPTIONAL, AND

IF APPLICABLE ALL OTHER: Upload any other optional documents you would like to submit in support of your proposal. N/A Supporting

Documents 15

VERY

IMPORTANT:

As a result of the above outline, each bid submission requires a minimum of 20 required items (as listed above).

Failure to provide this 20-document minimum with your electronic submission may result in a non-response status. N/A N/A N/A

Page 13 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

III. MASTER

This section applies to all City of Chester issued RFBs, RFQs, RFPs, RFIs, etc. and solicited BIDDERS

A.DEFINITIONS

1. AWARDED BIDDER - The BIDDER who won the BID to advance to a contract with the CITY to perform the products and services set forth herein. AWARDED BIDDER may also be used interchangeably with the terms, Contractor, or Contracted Party set forth herein.

2. CITY - Wherever the word “CITY” is used, it shall be understood to mean the City of Chester, Pennsylvania. The CITY of Chester follows Third Class City Code of the Commonwealth of Pennsylvania and the procurement practices outlined in the Purchasing Policy and Procedure adopted by City Council on 5/25/2022.

3. PROJECT NAME - The City will assign/reference a Project Name.

Project Name shall be understood to mean products and services to be provided to the City's PROJECT NAME project.

4. PROJECT - Wherever the word “PROJECT” it shall be understood to mean any undertaking, carried out individually or collaboratively that is carefully planned to achieve a particular aim. All PROJECTS have a start date and end date.

5. PROJECT LEAD - Wherever the word “PROJECT LEAD” is used, it shall be understood to mean the specific person in the City of Chester or his/her duly appointed successor, or representative, to be managing the project and is acting within the scope of the duties entrusted to them. Other than the City Purchasing and Procurement Manager, no other City officer or employee is authorized to order supplies or services, enter into purchase negotiations, or in any way obligate the government of the City of Chester for indebtedness unless authorized by the Project Lead/Purchasing and Procurement Manager.

6. BID - Wherever the word “BID” it shall be understood to mean the PROJECT NAME and BID NUMBER.

7. BIDDER - Wherever the word “BIDDER” it shall be understood to mean an interested and eligible third party individual or business entity that submits a proposal, qualification, or submittal that seeks

Page 14 Project Name: On-Call Towing Services Bid Number: RFB 2025-012 to enter into a contract with the CITY to perform the duties set forth in the BID.

8. BID NUMBER - Wherever the word “BID NUMBER” it shall be understood to mean the reference number assigned by the City to track activity relative to a given bid opportunity.

9. DEFAULT - Wherever the word “Default” is used it shall be understood to mean the BIDDER’s inability to comply with the terms and conditions as set forth in the Invitation to Bid, Quote, Contract or Purchase Order. This is inclusive of, but not limited to, the Bid/Proposal/Quote pricing and Contract Term and any arrears that may be due and owing to the City.

10. LOCAL FIRM - a firm based/headquartered in the City of Chester.

11.DIVERSE BUSINESS ENTERPRISE A Diverse Business can be a

Minority Business Enterprise (MBE), a Women Business Enterprise (WBE) or a Disadvantaged Business Enterprise (DBE). These business classifications require a certification by a certifying body and a physical certificate demonstrating evidence of such.

12.PURPOSE

This bid opportunity was issued by the City for the purpose/intent of contracting with a vendor to perform the services outlined in the scope of work. This is not a CONTRACT. The AWARDED BIDDER will be presented a separate CONTRACT with its own terms and conditions.

B.ADDENDA

1. Changes to this RFB after the posting date, that have a material effect, shall be communicated via PennBid Public Notice - Addenda.

2. It shall be the responsibility of each BIDDER to ensure that their submission includes the required documents, and required acknowledgements as outlined in the Bidder Instructions table above.

3. No addendums will be issued ten (10) calendar days prior to the bid closing date, unless otherwise noted through Public Notice on PennBid.

4. Failure to acknowledge all supporting documents, acknowledgements and addenda may result in rejection of a proposal as non-responsive.

C.AUTHORITY

The PROJECT LEAD/PROCUREMENT COORDINATOR, the designee of the Chief of Staff (COS), and the COS, shall have dual

Page 15 Project Name: On-Call Towing Services Bid Number: RFB 2025-012 responsibility and authority for negotiating, placing, and when necessary, modifying each and every invitation to bid, purchase order or other award issued by the City of Chester for this PROJECT. Any purchases contrary to these provisions and authorities shall be void and the City shall not be bound thereby.

D.AUTHORIZATION TO DELIVER MATERIAL OR

SERVICES

All purchases must be properly authorized in writing and in advance.

AWARDED BIDDER must first obtain written permission and are prohibited from shipping any merchandise or providing any services prior to receiving an official award letter, notice to proceed, a purchase order number, from the PROJECT LEAD/PROCUREMENT COORDINATOR. The CITY will be under no obligation to pay for merchandise delivered or services provided resulting from violation of this rule.

E.AWARD CRITERIA

1. The award will be made to the most-qualified, BIDDER(S) whose BID response conforms to the solicitation and will be most advantageous to the City of Chester.

2. The City reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received.

3. All bids, contracts and engagement contracts are subject to Council approval by resolution at a public meeting.

4. The City of Chester will only award contracts to equal opportunity employers.

5. The date on which City Solicitor has a fully-executed contract shall be known as the Official Award Date.

6. The City will notify all bidders of the award and return BID sureties (if applicable) to all but the successful BIDDER.

7. An INTENT TO AWARD NOTIFICATION will be issued by the City to the intended BIDDER(S) to award the contract. This does not imply a guarantee in any form, but simply an intention to award, to start the required approval process to award the contract. “Intent to Award” and “Award” are not interchangeable. “Intent to Award” may yield a different outcome other than Award if the required approvals have not been secured.

Page 16 Project Name: On-Call Towing Services Bid Number: RFB 2025-012

8. The AWARDED BIDDER has sixty (60) days from the approved Council Resolution date to enter into a fully executed contract with the City, or forfeit, as liquidated damages, the Bid Security (if applicable) and/or the City reserves the right to rescind the award.

9. The City reserves the right to award by item, by section, by alternate, by geographical area, or in its entirety depending on the best interest of the City of Chester.

10.The fully executed Contract Terms and Conditions will preside over the project and all contracts and applicable invoices are subject to Council approval in a public meeting.

11.The bid specs as outlined in this solicitation will be supplemental to the fully-executed contract.

12.By submitting a proposal in response to the City’s solicitation, the AWARDED BIDDER hereby consents to a background check that the City, in the exercise of its sole but reasonable discretion, may deem appropriate to conduct, including, without limitation, a financial history, a credit check, a criminal history check, a litigation history check and a judgment, judgment lien, tax lien and bankruptcy search of the AWARDED BIDDER. The AWARDED BIDDER agrees to release and hold harmless the City from any and all claims in any way arising from such a background check conducted by the City or its agents of the AWARDED BIDDER. The City reserves the right to reject any and all responses to the City’s solicitation in the event the results of any such background check are found to be unsatisfactory to the City in the City’s sole discretion. The City shall keep all information derived from the background check confidential and shall only use such information for the purposes of City solicitations.

F.BID PREPARATION AND SUBMISSION

1. SUBMISSIONS

A. Paper submissions will NOT be accepted.

B. All bid responses must be submitted electronically via

PennBid.

C. No bid may be considered if received after the time and date posted on PennBid.

D. BIDDERS are expected to examine all instructions, specifications, drawings, sites, installation, etc. Failure to do so will be at the BIDDER’S risk.

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E. The City reserves the sole right to outright reject any bid that fails to fully follow all instructions, exhibits, acknowledgements, specifications, drawings, sites, installations, etc. described in this document.

F. The City reserves the right to seek new proposals when such a procedure is reasonably in the best interest of the City to do so.

G. Changes to BIDS are accepted up to the PennBid Bid Closing Date.

H. In the event of none or only one vendor submission to this bid solicitation, the City may extend the bidding window through an addenda or cancel, refine and rebid at a later unspecified time. The City understands that having only one vendor submission does not provide a comparative scenario or an optimal bidding scenario. However, the City may also consider awarding a one-and-only submission, provided the City has exhausted all resources for solicitation of this bid, has performed a proper vetting of the single submission with an evaluation committee, and/or consideration of the project circumstances (criticality, timing, etc.) to meet the needs of the City. In summary, having a one-and-only submission does not constitute a reject and rebid, and a one-and-only submission may/can be awarded.

2. BIDS BINDING 90 DAYS

Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following the bid due date and may be extended at the agreement of both parties.

3. COMMUNICATIONS DURING SOLICITATION PROHIBITION

All questions and answers regarding this solicitation must be posted by the Q&A deadline via PennBid via the “Messages” menu tab, followed by the “Public Q&A” tab. Unless otherwise stated in this document, communicating with City employees, or elected officials regarding requests for proposals, requests for qualifications, bids, or contracts by the BIDDERS or any member of the BIDDER’S company, an agent of the BIDDER, or any person employed by any legal entity affiliated with or representing an organization that is responding to the requests for proposals, requests for qualification, bid or contract is strictly prohibited.

4. MUNICIPALITY PROPERTY

A. All information submitted becomes property of the City of Chester upon submission. The City of Chester

Page 18 Project Name: On-Call Towing Services Bid Number: RFB 2025-012 reserves the right to issue supplemental information or guidelines relating to this bid opportunity as well as make modifications to the bid opportunity or withdraw/cancel this bid opportunity.

B. The cost of preparing, submitting and presenting a proposal is the sole expense of the BIDDER.

C. The City of Chester reserves the right to reject any and all proposals received as a result of this solicitation, to negotiate with any qualified source, to waive any formality and any technicalities or to cancel this RFB in part or in its entirety if it is in the best interest of the City of Chester.

D. This solicitation of proposals in no way obligates the City of Chester to award a BIDDER or award a contract.

H. CONTROLLING LAW

This Request for Bid (RFB) (RFP) is governed by and will be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to any conflict of laws provisions. Venue for any disputes shall be in the Court of Common Pleas of Delaware County, Pennsylvania.

I. TAX EXEMPTION STATUS

The City is exempt from State and Federal taxes, and a political subdivision does not require an exemption certificate. If and where applicable, the prices quoted by the BIDDER will be the price, exclusive of taxes. Any sales or other taxes levied by federal, state, or local governments shall become the burden of the BIDDER.

J. DEFECTIVE OR DAMAGED WORK

Any defective or damaged work found to exist prior to approval of final payment shall be promptly corrected or removed and replaced with non-defective work by the AWARDED BIDDER at no expense to the City.

Upon failure of the AWARDED BIDDER to correct the deficiency within thirty (30) business days, the City may correct the same and deduct the costs from any monies due the AWARDED BIDDER.

In the event of any direct or indirect injury or damage to public or private property during the AWARDED BIDDER's performance of its work under the Contract, arising from the acts or omissions of AWARDED BIDDER, its employees or agents, the AWARDED BIDDER shall, at its own expense, restore such property to a condition similar or equal to that existing before

Page 19 Project Name: On-Call Towing Services Bid Number: RFB 2025-012 such damage or injury was done. In the event of the failure of the AWARDED BIDDER to adjust any claims for such injuries within thirty (30) days from the date of the occurrence out of which they arise, a statement of all the circumstances connected therewith shall be filed with the Director of the Department of Streets and Public Improvements. The City of Chester reserves the right to withhold any payment due the AWARDED BIDDER until a satisfactory statement has been filed.

K. GUARANTY

1. The AWARDED BIDDER shall guarantee that all the materials used, and all the work done under the contract shall fully comply with the requirements of the plans, specifications, scope of work and the instruction of the City.

2. All expenses covering return or replacement of defective or improper merchandise will be assumed by the AWARDED BIDDER. In no instance shall the AWARDED BIDDER refer the City to any distributor or manufacturer for settlement of any claim arising from defective or improper merchandise. If the AWARDED BIDDER shall fail to replace or repair any defective or improper merchandise within thirty (30) days from date of notice, the City may make the necessary corrective arrangements to reimburse the City in such an instance. Samples of any warranties or guarantees which will apply to the goods being offered for sale shall be included as part of the bid.

3. Any defects in the completed work or any failure of the AWARDED BIDDER to fully perform or endure the service for which is intended, which in the opinion of the City are caused by or due to the use of materials, skill or workmanship not in compliance with the said plans, specifications and instructions, that may appear in the work within a period of twelve (12) months after acceptance by the City, shall be regarded as prima facie and conclusive evidence that the AWARDED BIDDER has failed to comply with the said specifications, plans and instructions. The AWARDED BIDDER in this event shall, at his own expense, at such time and in such manner as the PROJECT LEAD may direct, repair or take up and reconstruct any such defective work in full compliance with the original specifications, plans and instructions. The repairs required to be made by the AWARDED BIDDER shall extend only to making good any inherent defects which become manifested in the materials and workmanship under ordinary conditions and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the AWARDED BIDDER has no control.

L. INDEMNIFICATION

1. The AWARDED BIDDER shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to the work

Page 20 Project Name: On-Call Towing Services Bid Number: RFB 2025-012 caused by acts of God, acts of public enemy, acts of government, quarantine restrictions, general strikes throughout the trade, or by freight embargoes not caused or participated in by the AWARDED BIDDER. The AWARDED BIDDER shall have charge and control of the entire work until completion and acceptance of the same by the City.

2. The AWARDED BIDDER shall alone be liable and responsible for, and shall pay for, any and all loss or damage sustained by any person or party, either during the performance or subsequent to the completion of the work under this agreement, by reason of injuries to persons and damage to property, buildings and adjacent work, that may occur either during the performance of the work covered by this contract or that may be sustained as a result of or in consequence thereof, irrespective of whether or not such injury or damage be due to negligence or the inherent nature of the work.

3. The AWARDED BIDDER shall bear all losses resulting from the amount or character of the work being different, or because the nature of the premises on which the work is done is different from what was expected, or on account of the weather, or similar other causes; and he shall assume the defense of and indemnify and hold harmless the City, its employees, agents, officials, representatives, attorneys, and assigns from any and all liability, both negligent and non-negligent, arising directly or indirectly out of all activities conducted in connection with this project and/or the performance hereof, including but not limited to payment of all fees for its/their attorneys and all incidental litigation expenses in the event the City or any of its employees, agents, officials, representatives, attorneys, and assigns are sued upon a claim emanating or supposedly emanating from the execution and/or performance thereof, whether or not the City or any of its employees, agents, officials, representatives, attorneys, and assigns are held liable. This agreement shall be binding on the parties hereto, their heirs, successors and assigns.

M. INSURANCE

The AWARDED BIDDER, prior to commencing work, shall provide at the request of the City, and at its own expense, the following insurance to the City of Chester as evidenced for the project duration.

1. Certificates of Insurance, ONLY if the insurance policy includes a provision that specifically references a certificate of insurance as a means to effect coverage and actually require the issuance of a certificate to trigger insured status with this particular endorsement.

Both the endorsement and the certificate are required.

Or

2. Provide the Certificate of General Liability (CGL) policy so that the City of Chester can confirm that there is sufficient coverage as an additional insured under the existing policy showing that any person(s) or organization(s) shown in the Schedule is also an additional insured, then the COI along with the policy are acceptable.

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Or

3. Separate Additional Insured Endorsement naming the City of Chester as additional insured.

And/Or

4. The City reserves the right to request additional sureties, declarations, disclosures, coverages, liquidated damages, documentation, verification, etc. at the time of contract development that may have not been included in this solicitation.

N. OBSERVANCE OF LAWS

The AWARDED BIDDER at all times shall observe and comply with all federal, state and city laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the project, as well as all orders or decrees which have been promulgated or enacted, by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or contract.

O. SUBLETTING PROHIBITED

The AWARDED BIDDER shall not sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of the work provided for therein, or of his right, title, or interest therein to any person, firm, or corporation without the consent of the City of Chester. No such assignment or subcontract, even though thus consented to, shall relieve the AWARDED BIDDER from his liability under the Contract for the performance and completion of the contract.

P. INFORMATION AND CONDITIONS

1. INTENT

The purpose of this invitation/solicitation is to:

A. obtain proposals from qualified, licensed businesses and/or individuals B. obtain a minimum amount of information from qualified businesses and/or individuals to make an informed business decision C. select a BIDDER(S) to enter into a contract that provides scope of work, a budget, a work plan (schedule).

D. award to the lowest, most responsible, qualified BIDDER

2. QUALIFICATION OF BIDDERS

A. All BIDDERS must complete and submit the QUALIFICATIONS QUESTIONNAIRE. This document serves as a job application for the project.

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B. Where and if applicable, the professional resumes or qualifications of the specified persons who will be performing the requested services for the City of Chester.

C. By submitting a proposal, it shall be deemed that the BIDDER agrees, acknowledges, and understands the scope of the project, and has read and understood all the supporting documents, acknowledgements, pricing requirements, questionnaires, etc. of this solicitation.

D. If and where applicable, BIDDERS shall identify their principal subcontractors and cannot change subcontractors without prior written approval of the municipality.

Q. CONTRACT TERMINATION

1. The City of Chester reserves the right to terminate any contract if work is not performed in accordance with the provisions of this solicitation.

2. The BIDDER should read requirements listed in this solicitation carefully to ensure that the BIDDER is able to meet the needs of the City.

R. ACCESS TO ACCOUNTING AND PAYROLL RECORDS

1. The BIDDER shall keep detailed accounting records including records related to hours worked by BIDDER employees and/or subcontractors.

2. The BIDDER shall, upon request from the City, afford full access to the AWARDED BIDDER’s records and the City expects the AWARDED BIDDER to preserve records for a period of not less than two (2) years following the termination or fulfillment of the Contract.

S. DIVERSE BUSINESS PROPOSAL

1. Preferred, not required. If and where applicable, each BIDDER should include a Diverse Business Proposal that includes any plans to utilize certified diverse businesses as subAWARDED BIDDERs.

2. Preferred, not required. If and where applicable, BIDDERS should include with its Proposal, a Letter of Intent (LOI) signed by both the BIDDER and each of the Diverse Businesses identified in the Proposal. At a minimum, the Letter of Intent must include the following:

a. The fixed numerical percentage commitment and associated estimated dollar value of the commitment made to the Diverse Business;

b. A description of the services or supplies the DIVERSE BUSINESS will provide;

c. The timeframe during the initial contract term and any extensions, options and renewals when the DIVERSE

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BUSINESS will perform or provide the services and/or supplies;

d. The name and telephone number of the Proposer’s point of contact for DIVERSE BUSINESS participation;

e. The name, address, and telephone number of the primary contact person for the DIVERSE BUSINESS; and A statement that the letter of intent is incorporated and will be incorporated in the executed subcontract with the DIVERSE

BUSINESS;

f. A copy of the subAWARDED BIDDER’s valid, third-party diverse business certification.

g. Each DIVERSE BUSINESS commitment that is credited by the City along with the overall percentage of DIVERSE BUSINESS commitments will become contractual obligations of the selected BIDDER to the DIVERSE BUSINESS upon execution of the contract with the City.

T. ORAL PRESENTATIONS (Optional)

If the City requests oral presentations by short-listed bidders, committee members will score these presentations in accordance with the evaluation criteria, based on the additional information and clarification received in this phase. Oral presentations may be in-person, virtual, or a combination.

Since oral presentations may not be required, Bidders are encouraged to submit complete information with their proposals. Please note that a date for presentations has not been set and will be determined at a later time if, and only if, presentations are needed.

U. SELECTION PROCESS

Applying the parameters illustrated in Section E - Award Criteria, an Evaluation Committee will be established to review and evaluate all documentation with each bid submission in response to this Request for Bid (RFB). The Committee will first review each submittal for compliance with the minimum qualifications and mandatory requirements of the BID, followed by a possible site visit to verify accordingly. Failure to comply with any mandatory requirements may result in disqualification. The evaluation and selection will be based on conformance and responsiveness to this solicitation, and the BID response most advantageous to the City of Chester.

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IV. EXHIBITS

EXHIBIT A: ORDINANCE, ARTICLE 519

Illustrated on next page

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EXHIBIT B: ON-CALL TOWING FEE SCHEDULE

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EXHIBIT C: APPLICATION FOR CHESTER CONTRACTOR

LICENSE AND BUSINESS PRIVILEGE LICENSE

EXHIBIT C: APPLICATION FOR CHESTER CONTRACTOR LICENSE AND BUSINESS PRIVILEGE LICENSE