26-0025 Towing Services.pdf

TOWN OF WEST SPRINGFIELD

REQUEST FOR PROPOSALS

CONTRACT AGREEMENT

FOR

RFP # 26-0025

TOWING SERVICES

RFP # 26-0025

TOWING SERVICES

LEGAL ADVERTISEMENT 3

RFP REQUIREMENT SUMMARY 5

GENERAL INFORMATION AND PROPOSAL SUBMISSION REQUIREMENTS 6

SCOPE OF SERVICE 11

EVALUATION CRITERIA 16

ADDITIONAL CONTRACT TERMS AND CONDITIONS 19

PRICE PROPOSAL FORM 20

NON-PRICE PROPOSAL FORM 22

CERTIFICATE OF NON-COLLUSION 29

TAX COMPLIANCE CERTIFICATION 30

PROPOSAL SIGNATURE PAGE (Individual) 31

PROPOSAL SIGNATURE PAGE (Partnership) 32

PROPOSAL SIGNATURE PAGE (Corporation) 33

APPENDIX A: CONTRACT & GENERAL CONDITIONS 34

Town of West Springfield

Jaime Flores 26 Central Street, Suite 32 Procurement Administrator West Springfield, MA 01089

(413) 495-1732 | jflores@tows.org

LEGAL ADVERTISEMENT

TOWING SERVICES (RFP # 26-0025)

The Town of West Springfield, through its Police Department, is seeking proposals from qualified vendors to secure on-call vehicle towing and related services for vehicles ordered towed by the Town of West

Springfield pursuant to Massachusetts General Laws, including and without limitation, M.G.L. c. 90 s. 20A and 22C, M.G.L. 159B, §6B, and M.G.L. c. 255, §39A, and all local policies governing the towing of vehicles. The estimated annual number of towed vehicles under the terms of this agreement is approximately 800. The Town intends to award contracts up to the top three (3) most advantageous proposers.

Specifications may be obtained from:

https://www.townofwestspringfield.org/government/departments/finance/procurement-bids

Any questions concerning this RFP must be sent in writing by 4:00 PM on November 19, 2025 to Jaime

Flores, Procurement Administrator at jflores@tows.org.

All proposals shall be sealed, marked “RFP# 26-0025 Towing Services”, endorsed with the name and business address of the bidder and addressed to: Jaime Flores, Procurement Administrator, 26 Central

Street, Suite 32, West Springfield, MA 01089. Sealed proposals will be received in the Law Department until 10:00 AM on December 3, 2025. There is also a special mailbox set up in the lobby of the Town Hall labeled “bids” for bidders who wish to physically drop off their bids. All electronic bids can be submitted at https://www.bidnetdirect.com/massachusetts/townofwestspringfield

Proposers shall submit one (1) original copy of the separately sealed price and non-price (technical) proposals, as per the bid documents, if submitting a hard copy proposal.

Under Massachusetts General Laws, Chapter 30B, §1(b)(21) a contract for the towing and storage of motor vehicles, is exempt from the public bid laws of the Commonwealth of Massachusetts. As such, the

Town, at its discretion, will select the companies that it believes offer the best-all-around package for towing and storage of motor vehicle services. Because this service is exempt from the bidding laws, the

Town reserves the right to negotiate with whatever companies it chooses, in whatever manner it believes is best suited to the Towns’ needs. All companies responding to this Request for Proposal must clearly understand that this is not a formal bid process pursuant to the legal requirements of M.G.L.

https://www.townofwestspringfield.org/government/departments/finance/procurement-bids mailto:jflores@tows.org https://www.bidnetdirect.com/massachusetts/townofwestspringfield

Chapter 30B. The Town is utilizing this format in order for all interested firms to provide a proposal based on equal footing so that a more direct comparison can be made among all proposals.

This contract will be awarded only to a responsive and responsible bidder whose proposal meets all of the requirements in the specifications. The contract shall be awarded by the Chief Procurement Officer, which reserves the right to waive any informalities, to accept or reject, in part or in whole, any and all proposals or to take whatever action may be deemed to be in the best interest of the Town of West

Springfield. Bids will remain firm for sixty (60) days following the opening of proposals.

RFP REQUIREMENT SUMMARY

Bid Title Towing Services

Bid Number 26-0025

Release Date October 31, 2025

Questions Due November 19, 2025 by 4:00 PM

Proposals Due December 3, 2025 at 10:00 AM

Services Start Date January 2026

REQUIRED SUBMITTALS

● Price Proposal

● Non-Price Proposal, including:

○ Reference Form

○ Certificate of Non-Collusion

○ Tax Compliance Certification

○ Applicable Signature Page

I. GENERAL INFORMATION AND PROPOSAL SUBMISSION REQUIREMENTS

A. Time and Date Proposals Must be Delivered

Sealed proposals will be received in the Legal Department until 10:00 AM on December

3, 2025. NO PROPOSALS WILL BE ACCEPTED AFTER THE TIME AND DATE SPECIFIED. All proposals shall be sealed and addressed to: Jaime Flores, Procurement Administrator, Town of West Springfield, 26 Central Street, Suite 32, West Springfield, MA 01089.

SPECIAL INSTRUCTIONS FOR BID PACKAGE DELIVERIES: If the proposal is to be dropped off in person, it may be left in the bid box in the lobby of Town Hall or delivered to the

Legal Department on the third floor. Please leave yourself ample time before the deadline time to deliver your proposal

All electronic bid submittals (preferred) can be submitted through Bidnet Direct at

Do not submit an electronic and hard copy proposal.

B. Maximum Time for Proposal Acceptance

The contract will be awarded within sixty (60) days after the proposal opening. The time for award may be extended for up to sixty (60) additional days by mutual agreement between the Town and the responsive and responsible proposer offering the most advantageous proposal as determined by the chief procurement officer.

C. Addenda

If any changes are made to this RFP, an addendum will be issued. Addenda will be emailed to all proposers on record as having picked up the RFP. Addenda will also be posted to the Town’s Website and Bidnetdirect.

D. Questions from Prospective Proposers

Questions concerning this Request for Proposal must be submitted in writing to: Town of West Springfield Attn: Jaime Flores, 26 Central St, Suite 32, West Springfield, MA

01089 or jflores@tows.org before 4:00 PM on November 19, 2025. Questions may be delivered, mailed or emailed. Written responses will be emailed to all proposers on record as having picked up the RFP.

E. Modifying or Withdrawing Proposals

A proposer may correct, modify, or withdraw a proposal by written notice received by the Town prior to the time and date set for the proposal opening. Proposal modifications must be submitted in a sealed envelope clearly labeled "Modification No.

__." Each modification must be numbered in sequence, and must reference the original mailto:jflores@tows.org

RFP. After the proposal opening, a proposer may not change any provision of the proposal in a manner prejudicial to the interests of the Town or fair competition. Minor informalities will be waived or the proposer will be allowed to correct them. If a mistake and the intended proposal are clearly evident on the face of the proposal document, the mistake will be corrected to reflect the intended correct proposal, and the proposer will be notified in writing; the proposer may not withdraw the proposal. A proposer may withdraw a proposal if a mistake is clearly evident on the face of the proposal document, but the intended correct proposal is not similarly evident.

F. Right to Cancel or Reject Proposals

The Town may cancel this RFP, or reject in whole or in part any and all proposals, if the

Town determines that cancellation or rejection serves the best interest of the Town.

G. Proposal Prices

All proposal prices submitted in response to this RFP must remain firm for ninety (90) days following the proposal opening.

H. Unexpected Closures

If, at the time of the scheduled proposal opening, the Municipal Office Building is closed to the public, due inclement weather or another unforeseeable event, the bid opening will be extended until 10:00 AM on the next business day. Bids will be accepted until that date and time.

I. Number of Copies of the Proposal Required

The proposer shall submit one (1) original copy of their proposal.

J. Proposal Envelope

The sealed proposal envelope should be marked “RFP# 26-0025 Towing Services” and endorsed with the name and business address of the bidder.

1. All proposals shall be sealed.

2. Proposers shall submit separate price and non-price (technical) proposals:

a) The price proposal must be signed, placed in an envelope, and sealed.

This envelope is to be clearly marked with the proposer’s name, and titled "Price Proposal – Towing Services".

b) The non-price (technical) proposal must contain all information pertaining to the service. The proposal must address, at a minimum, each of the issues set forth in the "Request for Proposals" in order to be considered responsive. The Town of West Springfield will reject any proposal, which does not respond to each issue in the "Request for

Proposals," as non-responsive. The non-price proposal shall be signed, placed in a separate envelope, and sealed. All pages that require signatures must be signed where appropriate and submitted as part of the non-price proposal. This envelope is to be clearly marked with the proposer’s name, and titled "Non-Price Proposal – Towing Services".

K. Required Forms

The proposal must include:

1. Non-collusion form

2. Tax compliance certificate

3. Non-price proposal form

4. Price proposal

5. References.

The technical/non-price proposal must contain the following:

1. Letter of Proposal and Commitment: This letter of transmittal, printed on official company letterhead and signed by a company official authorized to bind the

Proposer, must identify all parties to the proposal. Include the name, address and telephone number of the person(s) authorized to submit and discuss the proposal. The letter must clearly state the intention of the Proposer, if selected, to provide the services at the proposed price and within the time specified in accordance with the terms and conditions specified in the proposal and this RFP document.

2. Plan of Services: Provide a detailed plan of services. Include the proposed plan for how towing request calls will be received, logged in, and responses provided.

Provide the location of the main office of the company and the locations at which the towed vehicles will be stored. Please provide main office telephone numbers for contact, with alternate phone numbers for nights and weekends, or in times when the offices may be closed.

Identify the number of vehicles that can be stored at these facilities and the security features in place at these locations to protect stored vehicles from damage or theft as well as a plan for extra storage space for emergency towing

(in case of snowstorms or unusual emergencies) in addition to normal storage facilities. Indicate the type and number of trucks and equipment that are available to provide the contracted service. Describe the number of employees that will be available to provide the contracted service and qualifications of and training provided to staff. Identify the response time to WHA calls for service.

Please note that prompt responses to towing service requests are necessary and of high importance. Please note that the WHA requires consistent contract coverage, with no consideration to be given by the WHA for any “out of service” status by the Proposer for the period of this contract.

3. Qualifications: This refers to the ability of the proposer to meet the terms of the

RFP. Provide a description of the Proposer’s equipment and number of personnel available to provide services under this contract as well as a copy of a current DPU Certificate. Proposer should have adequate personnel and storage capacity available.

4. Experience: Provide a statement that details the company’s prior experience with other contracts of this type that have been performed by the company within the past 5 years.

5. Additional Items: Include all other pertinent information regarding this RFP, particularly anything that the proposer feels addresses why its business or team would be a good match for this project.

The price proposal should contain an amount for the completion of the scope of services, using the enclosed “Price Proposal”.

No reference to costs may be included in other sections of your proposal.

L. Proposals Must Be Signed By Authorized Individuals

All proposals must contain the proposal signature page. Faxed proposals will not be considered. A proposal must be signed as follows:

1. If the proposer is an individual, by him/her personally;

2. If the proposer is a partnership, by the name of the partnership, flowed by the signature of each general partner; or

3. If the proposer is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

M. Example Contract

An example contract is included in this bid package; this contract is included as a fair representation of the contract under which the Successful proposer will work. Please notice the Contract Agreement incorporates by reference all terms, specifications, and conditions of the proposal. There will be no modifications allowed to the Town’s

Contract.

N. Public Records Notice

All documents and materials submitted in response to this Request for Proposals (RFP) are subject to the Massachusetts Public Records Law, M.G.L. Chapter 66, Section 10, and

Chapter 4, Section 7, Subsection 26 once the bid has been opened. In accordance with these laws, the Town cannot guarantee the confidentiality of any information submitted by a bidder. By submitting any materials in response to this RFP, the bidder acknowledges and agrees that all such materials are public records and may be disclosed upon request. Any attempt by a bidder to designate submitted materials as confidential, proprietary, or otherwise protected from disclosure will be void and disregarded.

Bidders submit materials at their own risk and should not include any information they consider confidential or exempt from public disclosure.

II. SCOPE OF SERVICE

A. General Description

The Town of West Springfield, through its Police Department, is seeking proposals from qualified vendors to secure on-call vehicle towing and related services for vehicles ordered towed by the Town of West Springfield pursuant to Massachusetts General

Laws, including and without limitation, M.G.L. c. 90 s. 20A and 22C, M.G.L. 159B, §6B, and M.G.L. c. 255, §39A, and all local policies governing the towing of vehicles.

The contractor shall provide towing, dispatch, storage and related services to the Town

24 hours per day, 7 days a week, including holidays.

Minimum services should include:

1. Must have vehicle storage location within the Town of West Springfield.

2. 24-hour response within the Town of West Springfield

3. 24-hour live dispatch or answering service (machine or beeper is insufficient).

4. 15-minute response time is required at least 85% of the time. Response time exceeding 20 minutes is unacceptable under all but the rarest of circumstances or conditions.

5. Provide equipment with sufficient tools and equipment readily available to adequately clean up an accident scene such as glass, leaked fluids, etc.

6. Truck drivers shall be prepared to comply with legitimate requests of a police officer for assistance with the following tasks, but not limited to such tasks:

removal of number plates, covering a vehicle with a tarp, impoundment of a vehicle, removal of debris.

7. The Vendor will charge storage and towing fees to owners of the towed vehicles in accordance with rates set by the Department of Public Utilities.

8. The Vendor cannot intentionally cause additional storage fees by delaying release. The vehicle must be available for release from tow storage if the customer can properly compensate/comply with possessory rights.

B. Uniforms

The contractor shall adhere to minimum uniform clothing standards in accordance with safe tow practices. In addition to any and all safety clothing required, tow services employees shall wear at a minimum outer garments with the company name. All such clothing shall present a professional public image. No offensive, vulgar wording or slogans on clothing shall be worn while providing services on any Town of West

Springfield Police Department ordered tow.

C. Tow Company Responsibilities

Contractor agrees to the following

1. To have personnel available 24 hours a day, seven days a week, to tow, service, and release vehicles or property within a reasonable amount of time.

Contractors shall not decline or pass on a tow when called by the Police

Department. A pattern of attempting to do so will result in penalties up to and including termination of this contract.

2. To maintain records on all vehicles towed and/or stored for the Police

Department. Such records shall be available and subject to examination by the

Police Department during business hours. Said records shall be retained for eighteen months from the date of the return of the subject’s vehicle.

3. That neither the Town nor the Police Department is financially responsible for any direct or indirect expenses arising from any tow and/or related services, unless specifically agreed to in writing in advance of incurring the expense in accordance with this contract.

4. The Town of West Springfield retains the authority to order towing of public ways and will solely determine whether or not any situation warrants non-payment of tow fees to the Town, on a case-by-case basis, with the Chief of

Police having final authority.

5. The vendor must, upon request, tow any Town owned vehicle at no cost to the

Town of West Springfield, to and from points within the Town, and also to and from points outside the Town and within a thirty (30) mile radius of the

Townborders. This provision shall cover only Category 1 vehicles. Town dispatchers will maintain an internal log of calls of Town owned vehicles being towed, and will alternate assignments so that the cost is divided equally between the Contractors.

6. That towing of vehicles shall only be authorized by a member of the West

Springfield Police Department or other duly authorized agency. If such towing is pursuant to a violation of Massachusetts General Laws, Chapter 40, section 22D, the liability imposed for the towing and storage of the vehicle shall not exceed those rates set forth in said section. If such towing is pursuant to any other statute, regulation of by-law, the liability imposed shall not exceed the rates as set and approved for the police ordered towing of vehicles.

7. To maintain a current list of drivers and notify the Chief of Police, or his designee, of any newly hired personnel within 24-hours of their application.

8. That the sale or transfer of controlling interest in the company shall immediately terminate the contract without notice.

9. That all vehicles shall be towed to the Contractor’s place of business. Vehicles will not be towed to the police yard or garage, unless specifically ordered by the officer at the scene. Arrangements may be made between the Contractor and a private citizen to tow a vehicle to an alternate location if it is agreeable to both parties.

10.That removal or storage of vehicles under the contract shall not be construed expressly or by implication to be services rendered or work performed by the

Town or the Police Department.

11.That the Contract shall be subject to termination based on failure to supply proper or sufficient services, as determined by the Chief of Police.

12.That the Contractor owns or leases the tow trucks, which are registered, insured and have proper documentation to properly perform the services required by the contract.

13.That the Contractor owns or leases a secure lot or garage within the Town of

West Springfield to which vehicles will be towed upon authorization of the police.

14.To immediately notify the West Springfield Police Department of any vehicle towed/stored that has been stolen, lost or damaged.

15.To submit a monthly report to the Police Department detailing such information as required by the Chief of Police or his designee, which may include but not limited to the number of vehicles towed, dates of towing and identity of person to whom the vehicle was released. The Department reserves the right to alter the monthly report at the discretion of the Chief of Police or his designee throughout the duration of the agreement time period.

16.To maintain records on all vehicles towed and/or stored; such record shall contain, at a minimum, the year, make, model, vehicle identification number

(VIN), registration number, location from which the vehicle was towed, location to which it was towed and to whom it was released. Records shall be available and subject to examination by the West Springfield Police Department during business hours and be maintained and kept for a period of 18 months from the date of the release of said vehicle.

17.To maintain sufficient resources to be at a designated scene within fifteen minutes of notification if between 7:00 am and 9:00 pm, or within twenty minutes at all other times.

18.To clean and/or remove any debris from the site from which the vehicle is towed including glass when a motor vehicle crash is involved. If any hazardous materials are present at the scene as a result of a crash (motor oil, anti-freeze, etc.), the West Springfield Fire Department must be summoned to assess and determine the proper clean-up response.

19.That the Contractor may not refuse to surrender to the owner of the vehicle property from any stored vehicle which is not an integral part of the vehicle.

20.To provide adequate security of vehicles and property at the place of storage. A fenced and lighted area shall be provided, away from any public way, to prevent unnecessary traffic congestion due to curiosity and/or unnecessary viewing of vehicles. Indoor storage shall be available for a minimum of two (2) vehicles. The contractor is solely responsible for reasonable care, custody, and control of property contained in towed or stored vehicles.

21.To conspicuously post, on their premises, D.P.U. towing rates and immediately notify the Town of any changes to the same.

22.To interact with the West Springfield Police and the public in a professional and courteous manner. Any behavior deemed unsafe or discourteous will be considered grounds for immediate removal from the scene and may result in further action by the Town.

23.Vendor shall obtain authority from the Chief of Police or designee before releasing a vehicle impounded because of an active or on-going investigation.

24.To be responsible for arranging for and coordinating the towing of all West

Springfield Police requested tows to include so-called “heavy duty tows.”

25.To maintain the minimum levels of insurance:

a) Garage Liability Insurance: Minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage, including damage to towed vehicles due to negligence in towing, theft, fire, vandalism, or other loss while in storage.

b) Automobile Liability Insurance: Minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage covering all owned, non-owned, hired, or leased vehicles used in connection with services under this Contract.

c) Workers’ Compensation Insurance: Coverage in accordance with Massachusetts General Laws Chapter 152, including Employer’s Liability with limits of at least $500,000 each accident, disease-policy limit, and disease-each employee.

d) Garage Keeper’s Legal Liability Insurance: Minimum limit of $100,000 per occurrence to cover damage or loss to vehicles in the Contractor’s care, custody, and control.

e) Umbrella or Excess Liability Insurance: Minimum limit of $1,000,000 per occurrence in excess of the required general and automobile liability policies.

26.To provide proof of insurance in the form of a certificate of insurance with the

Town listed as an Additional Insured. Policy expiration or cancellation shall constitute immediate grounds for termination of contract. Policy shall provide for immediate notification to the Chief of Police in the event that the insurance policy has expired or has been cancelled.

27.To possess common carrier plates and or appropriate registration plates as required by Massachusetts State Law.

28.To perform monthly verification of driver’s licenses of every employee that may operate a tow vehicle. Records shall be available and subject to examination by the West Springfield Police Department during business hours and be maintained and kept for a period of one (1) year.

29.Before assigning any employee to towing or administrative duties under this

Contract, the Contractor shall provide the Town with the employee’s name, address, driver’s license number, date of birth, and written consent for a criminal background check. The Town reserves the right to conduct its own criminal background or CORI check on any employee, and the Chief of Police may reject any employee from assignment under this Contract based on the results of either the Contractor’s records or the Town’s independent check.

30.To verify that all drivers hold an active Massachusetts driver’s license for the required vehicle class, hold a valid medical certificate, are trained to properly operate the necessary equipment, and successfully participate in a drug and alcohol screening program (for CDL Drivers).

31.To answer routine calls for service, in addition to towing, and shall not refuse to remove or service any vehicle, if capable, without cause.

32.That in the event that a member of the West Springfield Police Department determines that a tow is not required in any given situation and cancels tow services subsequent to a request, no charges shall incur as a result of said cancellation. The West Springfield Police Department has the absolute discretion to cancel any requested to or related services for any reason.

33.To comply with all the terms and conditions set forth in the Agreement.

III. EVALUATION CRITERIA

Only those consultants who submit all forms and materials as required in the RFP will be considered responsive and responsible vendors. The Town of West Springfield has determined that the selection of the most advantageous offer for these services requires comparative judgment of factors in addition to cost. Each technical proposal meeting the minimum evaluation criteria shall be rated by an evaluation committee according to the comparative evaluation criteria set forth in this RFP. The evaluation committee shall determine a composite rating of Highly Advantageous, Advantageous, Not Advantageous, or Unacceptable for each proposal. An "Unacceptable" rating in any one of the criterions may eliminate the proposal from further consideration. Each composite rating shall be justified in writing. After a composite rating has been determined for each proposal, the committee shall open and review the cost proposals and determine the most advantageous proposal taking into consideration the ratings on all comparative evaluation criteria and the cost. If the evaluation committee selects a proposal that is not the least expensive, the evaluation committee shall explain in writing why the added benefits of the proposal justify the higher fee proposed by the consultant.

A. MINIMUM EVALUATION CRITERIA

Failure to meet the following minimum evaluation criteria will result in immediate rejection of the proposal:

1. Proposer has submitted all required forms

2. Proposer is certified by the Department of Public Utilities to operate a towing business in the Commonwealth of Massachusetts

3. Employees of the Proposer have the appropriate license(s) (e.g., Class II, Class A, CDL) for the equipment operated.

4. Proposer must have a sufficiently-sized, secure, and illuminated vehicle storage location within the Town of West Springfield. Per the requirements of MGL Ch.

159B, §6B, the vendor’s lot must be surrounded by a fence or other secure barrier of at least 6 (six) feet in height.

5. Proposer’s tow trucks must be registered and garaged in the Town of West

Springfield.

6. Proposer must own a minimum of two reliable tow trucks, one of which must be a flatbed.

7. Proposer must own at least one truck for the towing of large-sized trucks.

8. Proposer must perform all of its own services without the use of subcontractors.

B. COMPARATIVE EVALUATION CRITERIA

A contractor shall be deemed unacceptable if the proposal is deemed non-responsive or if the minimum evaluation criteria are not met. However, once it has been determined that the proposal is responsive and the contractor has met all the minimum evaluation criteria, the proposals will be further evaluated by the Town of West Springfield using the following comparative evaluation criteria. The ratings of "Highly Advantageous", "Advantageous", "Not Advantageous", and "Unacceptable", will be used to evaluate the following features of each proposal:

1. Years of Experience:

Highly Advantageous (3 - 4 Points)

The proposer has (10) or more years of providing towing services for municipalities

Advantageous (1 - 2 Points)

The proposer has at least five (5) but no more than ten (10) years of providing towing services for municipalities

Not Advantageous (0 Points)

The proposer has at least three (3) but no more than five (5) years of providing towing services for municipalities

Unacceptable (0 Points)

The proposer has less than three (3) years of providing towing services for municipalities

2. Equipment

The Proposer has five (5) or more tow trucks, one of which is a flatbed.

Advantageous (1 - 2 Points)

The Proposer has three (3) or four (4) tow trucks, one of which is a flatbed.

Not Advantageous (0 Points)

The Proposer has two (2) trucks, or does not have a flatbed.

Unacceptable (0 Points)

The Proposer has one (1) tow truck.

3. Response Time

The proposer has a response time between 0-14 minutes from the initial call request

Advantageous (1 - 2 Points)

The proposer has a response time between 15-20 minutes from the initial call request

Not Advantageous (0 Points)

The proposer has a response time between 21-59 minutes from the initial call request

Unacceptable (0 Points)

The proposer has a response time of more than 60 minutes from the initial call request

C. REFERENCES - Proposers must submit a complete list of all jobs performed in the past five (5) years that are similar in size and scope to this project. Poor references may be a basis for a determination that the vendor is not a responsible proposer. Reference information must include the following information:

1. Client Name

2. Contact Name

3. Address

4. Phone Number

5. Email

6. Dates of Contract

7. Brief description of services provided

D. RULE FOR AWARD - The Town intends to award contracts up to the top three (3) most advantageous proposers. The contract will be awarded to the most advantageous proposal from a responsible and responsive proposer, taking into consideration price and all evaluation criteria set forth in the RFP.

E. PROPOSAL PRICING SHEET - The attached Price Proposal Form and the Non-Price

Proposal Form must be filled out.

F. CERTIFICATE OF NON-COLLUSION AND TAX COMPLIANCE FORM - The attached non-collusion form and tax compliance form (completed and signed) must be submitted with your proposal.

IV. ADDITIONAL CONTRACT TERMS AND CONDITIONS

A. The Town reserves the right to cancel the contract upon written notice.

B. Proposals which are incomplete, not properly endorsed, or signed, or otherwise contrary to these instructions will be rejected as informal by the Procurement Administrator.

C. Conditional proposals Will Not Be Accepted.

D. As the Town of West Springfield is exempt from the payment of Federal Excise Taxes, and

Massachusetts Sales Tax, prices quoted herein are not to include these taxes.

E. The supplier will be bound by all applicable statutory provisions of law of the Federal

Government, the Commonwealth of Massachusetts, and the Town of West Springfield

F. The vendor shall not assign, sell, subcontract or otherwise transfer any interest in this contract without the prior written consent of the Town.

G. The selected consultant will be required to execute the standard Town of West

Springfield contract (attached as Appendix A) without modifications.

PRICE PROPOSAL FORM

TOWING SERVICES (RFP# 26-0025)

*This Price Proposal form MUST be submitted separately from the Non-Price Proposal*

Proposer Legal Name:

Proposer Address:

City, State, Zip:

Telephone Number:

Email Address:

Type of Business: ___ Individual/Sole Proprietor ___ Partnership ___ Corporation

Please provide Unit Price for the following and attach information regarding any additional fees for services not listed1:

Towing (Price per Vehicle)

Item Year 1

Year 2 (if option was exercised by the Town)

Year 3 (if option was exercised by the Town)

During snow emergency, snow plowing, and snow removal operations. Illegally parked vehicles in Handicapped Areas. $ $ $

Illegally parked vehicles on public ways or on Town of West Springfield property. $ $ $

Other vehicles (e.g., stolen, accidents, parking violations, etc.) when ordered by police or other public authority. $ $ $

Dollar amount you and/or your firm would provide to the Town of West Springfield per tow. $ $ $

1 Any “additional fees” should not include fees related to the services specified on this Price Proposal Form – include all fees related to those services on this Form. Pricing will be evaluated solely based on the services specifically listed on this Form.

Additional Mileage (Price per Mile)

Year 2 (if option was exercised by the Town)

Year 3 (if option was exercised by the Town)

Additional cost per mile, if applicable (According to Massachusetts 220 CMR 272, contractor may charge up to $4.40 per mile for tows exceeding five miles.) $ $ $

Storage

Year 2 (if option was exercised by the Town)

Year 3 (if option was exercised by the Town)

Charge for each 24-hour period (No charge for vehicles towed and released within three (3) hours). $ $ $

Miscellaneous Additional Fees

Year 2 (if option was exercised by the Town)

Year 3 (if option was exercised by the Town)

Speedy Dry Application (Per Bag) $ $ $

Speedy Dry Application (Per Pound) $ $ $

Fluid Spill Clean Up (Per Incident) $ $ $

Battery Disconnect (Per Vehicle) $ $ $

Authorized Signature:

Print Name:

Title:

Date:

NON-PRICE PROPOSAL FORM

*This Non-Price Proposal form MUST be submitted separately from the Price Proposal*

Proposers must submit a non-price proposal addressing all of the Quality Requirements, Minimum

Evaluation Criteria and Comparative evaluation criteria. The proposal should be a written narrative format, and should also include this Non-Price Proposal Form completed.

City, State, Zip:

Telephone Number:

Type of Business: ___ Individual/Sole Proprietor ___ Partnership ___ Corporation

Please provide the following information:

1. Location(s) of storage lot(s):

2. Is each storage lot owned by the Contractor? ☐ Yes ☐ No If no, explain:

3. Describe each facility used for storage as follows:

a. Total square footage of storage (approximate):

b. Total vehicle capacity under cover:

c. Total vehicle capacity outside storage:

d. Paved or unpaved:

e. Type of illumination:

f. Type of perimeter security:

4. Provide the following information on the type of radio equipment used by your Company:

a. Type of equipment:

b. Base station call letters:

c. FCC License number:

5. Describe each tow vehicle to be used by your Company:

Make Model Year Capacity Titled Reg. No.

6. Can you tow wheel-less vehicles? ☐ Yes ☐ No

7. Do you have storage for at least seventy-five (75) vehicles? ☐ Yes ☐ No

8. Can you recover vehicles submerged in a body of water? ☐ Yes ☐ No

9. Do you have certified divers available? ☐ Yes ☐ No

10. Can you tow vehicles over 30,000 lbs.? ☐ Yes ☐ No

11.Do you have the capability to perform immediate needed repairs on-site at your place of business?

☐ Yes ☐ No

12.Has your business ever had a public or private towing contract terminated or revoked?

☐ Yes ☐ No If yes, explain:

13.Has your certificate to tow ever been suspended or revoked in Massachusetts or any other state?

14.Have you or any of your divers ever been arrested and/or convicted on felony charges?

15.Please describe your method for maintaining the integrity of evidence for the short-term storage of evidentiary vehicles:

MINIMUM EVALUATION CRITERIA

Proposers must initial the appropriate response to each of the minimum evaluation criteria and include any relevant supporting documentation as part of this Non-Price Proposal.

1. Proposer has submitted all required forms

_______ Yes _______ No

2. Proposer is certified by the Department of Public Utilities to operate a towing business in the

Commonwealth of Massachusetts

3. Employees of the Proposer have the appropriate license(s) (e.g., Class II, Class A, CDL) for the equipment operated.

4. Proposer must have a sufficiently-sized, secure, and illuminated vehicle storage location within the Town of West Springfield. Per the requirements of MGL Ch. 159B, §6B, the vendor’s lot must be surrounded by a fence or other secure barrier of at least 6 (six) feet in height.

5. Proposer’s tow trucks must be registered and garaged in the Town of West Springfield.

6. Proposer must own a minimum of two reliable tow trucks, one of which must be a flatbed.

7. Proposer must own at least one truck for the towing of large-sized trucks.

8. Proposer must perform all of its own services without the use of subcontractors.

COMPARATIVE EVALUATION CRITERIA

A proposer shall be deemed unacceptable if the proposal is deemed non-responsive or if the minimum evaluation criteria are not met. However, once it has been determined that the proposal is responsive and the proposer has met all the minimum evaluation criteria, the proposals will be further evaluated by the Town of West Springfield using the following comparative evaluation criteria. The ratings of "Highly

Advantageous", "Advantageous", "Not Advantageous", and "Unacceptable", will be used to evaluate the following features of each proposal:

1. Years of Experience:

(3-4 Points)

The proposer has (10) or more years of providing towing services for municipalities

Advantageous (1-2 Points)

The proposer has at least five (5) but no more than ten (10) years of providing towing services for municipalities

Not Advantageous (0 Points)

The proposer has at least three (3) but no more than five (5) years of providing towing services for municipalities

Unacceptable (0 Points)

The proposer has less than three (3) years of providing towing services for municipalities

2. Equipment

The Proposer has five (5) or more tow trucks, one of which is a flatbed.

Advantageous (1-2 Points)

The Proposer has three (3) or four (4) tow trucks, one of which is a flatbed.

Not Advantageous (0 Points)

The Proposer has two (2) trucks, or does not have a flatbed.

Unacceptable (0 Points)

The Proposer has one (1) tow truck.

3. Response Time

The proposer has a response time between 0-14 minutes from the initial call request

Advantageous The proposer has a response time between 15-20

(1-2 Points) minutes from the initial call request

Not Advantageous (0 Points)

The proposer has a response time between 21-59 minutes from the initial call request

Unacceptable (0 Points)

The proposer has a response time of more than 60 minutes from the initial call request

I hereby state that I understand the minimum evaluation criteria and that I have initialed all of the appropriate sections, and further, that I have attached the required information and that everything contained in the Non-Price Proposal is true and accurate and that I am authorized to submit this proposal on behalf of the proposer.

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this proposal or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Proposer Name:

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Proposer Name:

PROPOSAL SIGNATURE PAGE (Individual)

City, State, Zip:

Telephone Number:

Email Address:

Name of Individual Authorized to Sign:

Title of Individual Authorized to Sign:

Signature Date

PROPOSAL SIGNATURE PAGE (Partnership)

(must be signed by ALL general partners)

Partnership Name:

City, State, Zip:

Telephone Number:

Names of All Partners:

Partner Signature Date

PROPOSAL SIGNATURE PAGE (Corporation)

Name of Corporation:

Address:

City, State, Zip:

Telephone Number:

Email Address:

Name of Duly Authorized Corporate Officer:

Title of Duly Authorized Corporate Officer:

Signature of Duly Authorized Corporate Officer Date

Signature of Clerk Date

Affix Corporate Seal

Please furnish the following additional information:

State of Incorporation:

President Name:

Treasurer Name:

Secretary Name:

If you are a foreign (out of state) corporation, are you registered with the Secretary of the

Commonwealth in accordance with the provisions of M.G.L. Chapter 156D § 15.03?

APPENDIX A: CONTRACT & GENERAL CONDITIONS

CONTRACT & GENERAL CONDITIONS

FOR TOWING SERVICES

Contract Number:

Town Department:

Contractor Name:

Contractor Address:

Contractor City, State, Zip:

Contractor Contact Person:

Contact Phone Number:

Contact Email:

Bid Number (if applicable):

Contract Start Date:

Contract End Date:

Extension Options:

Purchase Order Number:

This Contract is entered into as of the date set forth above, by and between the TOWN OF

WEST SPRINGFIELD, a municipal corporation with its principal office located at 26 Central Street, West Springfield, Massachusetts 01089 (the “Town”), and the Contractor identified above (the “Contractor”). In consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows:

1. TERM. The initial term of this Contract shall be for one (1) year. The Town, at its sole discretion, shall have the option to extend this Contract for up to two (2) additional periods of one (1) year each. Each extension shall be exercised by the Town in writing prior to the expiration of the then-current term.

2. SCOPE OF SERVICES.

A. Towing and Storage of Vehicles Upon Request of Chief of Police. Upon request of the Town, the Contractor shall tow and store any motor vehicle as ordered in accordance with applicable law and the terms of this Contract. The Town will provide an adequate description of the vehicle’s location. The Contractor shall respond within fifteen (15) minutes for light-duty tows and within twenty (20) minutes for heavy-duty tows, weather permitting. Response time shall be measured from the time the Contractor is notified by the Town until the tow truck arrives at the specified location. The Contractor shall arrive with all necessary equipment and qualified personnel as required under this Contract, as requested by the Town and in line with professional standards.

B. Accident Clean-Up. If the Contractor is called to the site of a motor vehicle accident, the Contractor shall tow any vehicles and clean the accident site. This includes removing all debris, glass, and other materials, and applying and removing absorbent material (such as speedy-dry) to address any oil or gas spills in compliance with environmental laws and regulations as applicable. To the extent possible, Contractor shall also be responsible for cleaning up the absorbent material. The Town shall not be responsible for any costs related to roadway clean-up under this section.

C. Rotation of Towing Duties. The Contractor acknowledges that towing services for the Town will be assigned on a monthly rotation among all contracted towing companies. The Town shall maintain and manage the rotation list at its sole discretion. The Contractor understands it is not the exclusive provider and will be called in rotation, or as needed in emergencies or other urgent situations. If the Contractor on call cannot perform, the next Contractor on the list will be contacted. The rotation applies to all towing incidents, regardless of vehicle weight (GVWR). The Town reserves the right to use other towing companies if the Contractor is unable to perform or if the Town determines, in good faith, that doing so is in the Town’s best interest, including situations involving hazardous materials.

D. Property of Owner of Towed Vehicles. Before impounding a vehicle, and once it has been moved to a safe location as determined by the Contractor or the Town, the Contractor shall allow the owner or operator to remove any personal property not attached to the vehicle, if the owner is present and can prove ownership. This provision does not apply to abandoned vehicles.

E. Towing of Town-Owned Vehicles. Upon request of the Chief of Police, the Contractor shall tow any West Springfield Police Department vehicles to a distance of not more than twenty-five (25) miles at no charge to the Town. The Contractor shall offer a reduced towing rate from the regulated towing rate of the Commonwealth of Massachusetts on all passenger vehicles owned by the Town.

F. Availability of Towing Services. The Contractor shall maintain staff and equipment ready to respond to towing requests twenty-four (24) hours a day, seven (7) days a week. The Contractor shall also maintain and post regular business hours, including weekends, for the release of towed vehicles, and shall provide the Town with its current release hours.

G. Record Keeping. Contractor shall keep and maintain records of all vehicles ordered to be towed by the Town. Records shall include plate and vehicle identification numbers, general status of the vehicle, make, model, year, and color of the vehicle. Contractor shall also keep record of the date of tow, all fees and payments charged, and shall document any incidents regarding the vehicle that occur during Contractor’s storage of the vehicle. Contractor shall provide the Town with any records, statistics, or other information pertaining to the towing and storage of all vehicles under this contract upon request.

H. Motorist Request to be Disregarded. A motorist’s request of a specific tow service or motor club service provider will not be utilized or considered when a police officer and or a police cruiser presence is necessary due to public safety.

The Contractor on rotation will be utilized instead.

I. Training Vehicles. The Contractor shall provide vehicles for the purpose of Jaws of Life training and disaster drills.

3. CONTRACTOR STORAGE, EQUIPMENT, AND PERSONNEL

REQUIREMENTS.

A. Storage Requirements. Vehicles towed and stored under this Contract shall be kept at a secure storage facility within the Town of West Springfield, constructed in compliance with all applicable local ordinances. Storage areas must be fenced, well-lit, and secured to prevent theft or damage. The Contractor is responsible for the reasonable care, custody, and control of all stored vehicles and any property contained within.

i. Release of Stored Vehicles. Before releasing any stored vehicle, the Contractor shall obtain clearance from the Chief of Police, Parking Clerk, or their designee, confirming all applicable fees have been paid. The Contractor shall provide the owner with a detailed receipt of all towing and storage charges.

ii. Vehicles Impounded for Investigation. The Chief of Police shall designate a secure area for vehicles seized for investigative purposes.

B. Maintenance of Property. The Contractor shall maintain its storage facility in compliance with all zoning and other applicable laws, keeping it secure, screened from public view, and free of litter or debris. Failure to do so may be deemed a breach of contract.

C. Equipment Requirements. The Contractor shall maintain sufficient equipment to perform light, medium, and heavy-duty towing services at all times.

D. Required Onboard Equipment. All tow vehicles shall be in good working condition and clearly marked with the Contractor’s name and phone number. Each shall carry at minimum:

i. Two-way mobile communication;

ii. 100 feet of cable on wreckers;

iii. Two (2) snatch blocks;

iv. Broom and receptacle for debris;

v. Fire extinguisher;

vi. First aid kit;

vii. Warning triangles; and

viii. Hydraulic jack.

E. Right to Inspect. The Town reserves the right to inspect the Contractor’s storage facilities, vehicles, and equipment at any time.

F. Personnel Requirements.

i. Staffing. The Contractor shall maintain a sufficient number of licensed, trained personnel to safely and promptly perform all required services.

ii. Licensing and Training. All employees must hold required licenses and be properly trained, including industry-recognized certifications, for the equipment they are operating and comply with all applicable towing laws.

iii. Employee Screening. Before assigning any employee to towing or administrative duties under this Contract, the Contractor shall provide the Town with the employee’s name, address, driver’s license number, date of birth, and written consent for a criminal background check. The Town reserves the right to conduct its own criminal background or CORI check on any employee, and the Chief of Police may reject any employee from assignment under this Contract based on the results of either the Contractor’s records or the Town’s independent check.

iv. Reassignment. The Chief of Police may direct the Contractor to remove an employee from work under this Contract. Such requests shall be made in writing and must be complied with immediately.

v. Conduct. Contractor personnel must interact with the public professionally and courteously at all times. Improper or unprofessional conduct may be deemed a breach of contract.

vi. Criminal Conduct. Any conviction of the Contractor, its owner, or employees within the past seven years, or during the term of this Contract, for crimes involving stolen or embezzled vehicles, fraud, theft, or crimes against persons or morality, shall be grounds for immediate termination.

vii. Employment…