HomeMy WebLinkAboutContract 26563 CITY SECETY
CON RACT NO.
CONTRACT FOR TOW TRUCK SERVICE
(TILT BED/ROLL BACK)
WHEREAS, the City of Fort Worth occasionally requires the service of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety
of the citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City", acting herein
by and through Libby Watson, its duly authorized Assistant City Manager,
and Michael R. Yates DBA Fort Worth Towing & Recovery, hereinafter
referred to as "Company", acting herein by and through Michael Yates ,
its duly authorized president, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing
service. As used herein, "police pull" shall mean that the Fort Worth Police
Department has called Company from the rotation list to either remove a
wrecked or disabled vehicle or to remove a vehicle in a safe driving condition,
but the owner is not present, able or permitted to drive or to make
authorizations.
2.
TERM
The term of this contract shall be for a period of twelve (12) months
from the date of its execution, with four options to renew for terms of one year
each, unless earlier terminated as hereinafter provided. Renewal shall occur
upon City including in its budget for the options years sufficient funds to pay
for its obligations hereunder and Company providing proof of insurance to
City.
3.
COMPENSATION
1. Compensation. As compensation for providing the services
contemplated by this Contract, City agrees to pay Company as follows:
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a) Towage. A charge of eighty-five dollars ($85.00) for towing such vehicle from
one point on a street to another location within the corporate limits of the city
as directed by the police officer at the place where the tow originated; such
charge includes one hour of Extra Work. In the event Company responds to
the scene of a police pull with a tilt bed/roll back truck when the police pull
could have been accomplished with a standard tow truck, Company shall be
entitled to the reduced charge of sixty-five dollars ($65.00).
b) Second tow vehicle. In the event the police officer at the scene determines
that a standard tow vehicle is required in addition to the tilt bed/roll back
truck, a charge of fifty ($50.00) per hour, with a minimum charge of one hour,
billed in increments of fifteen (15) minutes while at the scene of the police
pull. The use of a second tow truck shall be approved by a police supervisor.
Travel time is excluded.
c) Extra work. An additional charge of fifty dollars ($50.00) per hour, with a
minimum charge of one hour, charged in increments of fifteen (15) minutes,
for removing vehicles which are off the street right-of-way, such charge to be
made from the time the operator begins to remove the vehicle until it is on the
traveled portion of the street. Even though the vehicle is within the street
right-of-way, an additional charge may be made if the vehicle is located in
some unusual condition within the right-of-way, such as, but not limited to, a
river or a creek bed or a ditch of greater depth than the ordinary bar ditch.
Extra work shall only be allowed when authorized by a police officer at the
scene of the pull. The charges for such extra work shall be reviewed and
approved by the Auto Pound Wrecker Administrator. Extra work excludes
travel time, waiting time, and clean-up time.
d) Handling hazardous materials. When the cargo of any motor vehicle or
trailer includes explosive, nuclear, radioactive, hazardous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
Department of Transportation, or the Texas Natural Resource Conservation
Commission, a fee equal to one hundred-fifty (150) percent of the charges
permitted under subparagraph "a" above. In addition, a charg be made
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for expenses incurred related to protective clothing and any other supplies or
equipment used in handling such materials, such charge being equal to the
actual amounts incurred plus fifteen (15) percent.
e) Nothing contained herein shall be construed so as to obligate City to expend
any sums of money except for work actually performed. Further, nothing
contained herein shall be construed so as to guarantee that City will contact
Company for any towing service contemplated by this Contract.
2. Invoicing and Payment. Company shall Invoice City once per month.
Company shall include with the invoice such documents as may be reasonably
requested to provide evidence of the services provided to the City, which at a
minimum shall include copies of the wrecker selection form signed by the officer
at the scene of the police pull and/or personnel at the Fort Worth Auto Pound.
Such invoice shall be subject to the review and approval of appropriate City
personnel. City shall remit payment to Company not more than thirty (30) days
following approval of invoice.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times the following vehicles and equipment
in working condition:
a) A minimum of one (1) tilt bed/roll back dual rear wheel wrecker rated at not
less than 14,000 pounds gross vehicle weight.
b) At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
1) Tow bar
2) Towing lights
3) Emergency overhead warning lights (red or amber color only)
4) Safety chain
5) Fire extinguisher, A.B.C. Type
6) Wrecking bar
7) Broom --
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8) Ax
9) Shovel
10) Reflectors or traffic cones
11) Trash container
12) Two way voice or computer communication between tow truck and
Company dispatcher
13) Backing warning signals
14) Wheel chocks
15) Traffic cones
c) Each tow truck shall have permanently inscribed ori each side of the vehicle,
in letters of not less than three (3) inches in height, the name, address and
telephone number of the company. Magnetic or other forms of removable signs
are prohibited.
d) Each tow truck and the required equipment shall be inspected by the Chief of
Police or his authorized designee prior to being used for services contemplated
by this contract. In addition, each tow truck and the required equipment shall be
subject to intermittent inspection to assure compliance with this contract.
5.
INSURANCE REQUIREMENTS
Company shall maintain insurance of the following types and amounts from
insurers acceptable to the City:
5.1 Commercial General Liability
$500,000 each occurrence
$500,000 aggregate
or
Garage Liability
$500,000 each accident, other than auto
$500,000 aggregate
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5.2 Automobile Liability
$500,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that
are operating under Company's operating authority.
5.3 Cargo/On-Hook
$30,000 per unit
Coverage shall include both the unit being towed and its contents.
Units covered shall include but not be limited to motor vehicles,
trailers and boats. Coverage shall be v'ntten on a direct primary
basis.
5.4 GARAGEKEEPER'S LIABILITY
$30,000 per unit
5.5 Worker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements of state law as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Current insurance certificates shall remain on file with the City during the
term of this Contract. Insurance coverages may, at the sole discretion of the City,
be revised upward upon thirty (30) days prior written notice to Company. Policies
shall be endorsed as follows:
• to provide the City with a minimum of thirty (30) days notice of
cancellation, non-payment of premium, or non-renewal;
• to cover the City as an additional insured on liability insurance policies;
except for employer's liability; and
• to include a waiver of subrogation in favor of the City.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker
service companies operating within the State of Texas exceed insurance
requirements specified herein, such state or federal law, rule or regulation shall
prevail for the respective type of insurance coverage and/or limit thereof.
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6.
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shall perform the following duties
and have the following responsibilities:
a) Maintain as its primary business the towing of vehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a) and 4(b) above.
"Primary business" shall mean that Company receives more than fifty per-
cent (50%) of it gross revenues from the towing of vehicles and trailers. All
of company's records shall be open to reasonable inspection, both at the
time of execution of this agreement and at any time during the term hereof,
to verify compliance with this condition.
b) Maintain a currently licensed vehicle storage facility located within the
corporate limits of the City. "Vehicle storage facility" shall mean a facility
operated by a person under Article 6687-9a, Revised Statutes.
c) Maintain business operation twenty-four (24) hours a day, seven days per
week.
d) Respond to all calls contemplated by this contract within thirty (30) minutes
of notification, except in extraordinary situations where delay is caused by
ice, snow, or other weather related conditions. In the event Company fails to
respond as required, City may notify another wrecker company and
Company shall not be entitled to the compensation to which it would have
been entitled had it arrived timely.
e) Notify the City of any change of ownership, president or chief executive
officer, or change of address within five (5) business days of any such
change.
f) Deliver the motor vehicle being towed to the location within the corporate
limits of City designated by the police officer at the scene of the pull.
Delivery shall be made without delay or detour.
g) Fully cooperate with any investigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Contract.
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h) Shall not become delinquent in the payment of any taxes due to City.
i) Shall not go to any accident scene unless the Company has been called to
the scene by the owner or operator of a vehicle or an authorized
representative of same, or by the City.
j) Shall not solicit any wrecker business within the corporate limits of City at
the scene of a wrecked or disabled vehicle, regardless of whether the
solicitation is for the purpose of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
k) Shall only employ drivers of tow trucks authorized to operate same.
1) Provide the Police Pound personnel with an invoice at the time the vehicle
is delivered to the Auto Pound together with the signed wrecker selection
form to be provided.
7.
TERMINATION AND SUSPENSION
A. This contract may be terminated or suspended by the City for any of the
following causes:
1. Violation of any term or condition specified in this contract.
2. Failure to notify the Communications Division of the Police Department
within fifteen (15) minutes from the time of notification if the Company
will be unable to respond within the thirty (30) minutes allotted for a
response to a wrecker call.
3. Permitting a tow truck to be operated by anyone while under the
influence of alcohol and/or drugs.
4. Permitting a tow truck to be operated by anyone whose operator's
license is suspended.
5. Transferring or assigning any call for service to any other company
6. Any sustained complaint of theft by personnel of Company while acting
in their capacity as employees of Company, whether occurring during a
police pull or otherwise.
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7. Any sustained complaint of threats made by personnel of the Company
while acting in their capacity as employees of Company made against
third parties during a police pull or otherwise.
8. Failing to comply with all directions of police personnel at the scene of a
police pull or civilian or police personnel at the Police Auto Pound.
Company may request a police supervisor to validate any such direction
given.
9. Failure to comply with any state or federal law or city ordinance related
to the operation of a wrecker company.
10.Five (5) passes within a thirty (30) day period. Pass in this paragraph
shall mean Company failing to notify the City of its inability to respond to
a request for service as required by paragraph 2 above.
11 .Ten (10) passes within a thirty (30) day period. Pass in this paragraph
shall mean a Company notifying the City of its inability to respond to a
request for service as required by paragraph 2 above.
12.Violation of any rule or regulation contained in Exhibit "A" attached
hereto.
B. City shall notify Company in writing of its intent to terminate or suspend for
cause twenty (20) days prior to such suspension or termination. Company shall
have the right to request a hearing before the Chief of Police or his designee
regarding the intent to terminate or suspend for cause by requesting a hearing in
writing within five (5) business days after receipt of notice of intent to terminate or
suspend. A hearing shall be conducted within fifteen (15) days of the request for
hearing. The City, in its sole discretion, may temporarily suspend this contract
during any appeals process.
C. In the event this contract is suspended for cause, the suspension shall be
for a period of time of not less than six (6) months nor more than twelve (12)
months.
D. In the event City suspends or terminates this contract for cause, and the
cause for such suspension or termination is determined to be invalid, Company's
sole remedy shall be reinstatement of this contract. Company expressly waives
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any and all rights to monetary damages, including but not limited to actual and
punitive damages, court costs and attorney's fees.
8.
INDEMNIFICATION
With regard to any liability which might arise hereunder, City and Customer
agree that they shall be solely and exclusively liable for the negligence of its own
agents, servants, subcontractors and employees and that neither party shall look
to the other party to save or hold it harmless fort he consequences of any
negligence on the part of one of its own agent, servant, subcontractor or
employee. Nothing contained herein shall be construed to be a waiver by City of
any right of protection which it enjoys under applicable State or Federal law.
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any portion
hereof to any party without the prior written consent of City which shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract shall be void and shall operate as a termination hereof.
10.
ZONES AND ROTATION LIST
A. City shall divide the city into four (4) zones which shall correspond to the
four (4) patrol divisions. Company shall be assigned to the zone or an adjacent
zone in which it maintains its principal place of business.
B. City shall create a rotation list within each of the four (4) zones that will
dictate the order in which wrecker companies are contacted.
C. City may request Company to conduct a police pull within any zone, and
Company agrees to use its best efforts to arrive at the scene of the police pull
within thirty (30) minutes.
11.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Company shall
perform all work and services hereunder as an independent contractor, and not as
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an officer, agent, servant or employee of the City. Company shall have
exclusive control of and the exclusive right to control the details of the work
or service to be performed hereunder, and all persons performing same on
behalf of Company, and shall be solely responsible for the acts and omissions
of its officers, agents, servants, employees, contractors, subcontractors,
licensees, and invitiees. The doctrine of respondent superior shall not apply as
between the City and Company, its officers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint venture between the parties hereto.
In witness whereof, the parties hereto have executed this Contract on
the // ztk day of � � 20P/
A EST: CITY ORT ORTH
By:
Gloria Pear n, City Secretary Libby Wa son
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
Michael R. Yates DBA
Assistan ity Attorney Fort Worth Towing & Recovery
(Company Name)
ATTEST:
By: 4
Corporate Secretary Its President
�ntract Authorization
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Date
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EXHIBIT A
AUTO POUND
The following rules and regulations will be followed by all wrecker companies
upon arrival at the auto pound.
1. The gate will not be blocked by wreckers waiting to enter or exit
the pound.
2. No more than two (2) wreckers shall be authorized in the front area,
for inventory purposes, at any one time.
3. No wrecker shall enter the pound with more than one (1) person/opera-
tor, unless authorized by the on duty shift supervisor. This will be
done on a case by case bases.
4. For safety reasons, a car carrier shall be required to off load their
cargo when possible. This shall be determined by the on duty super-
visor.
5. Inventories should be handled in an expeditious manner when possible.
However, pound personnel are required to do a complete and precise
inventory of all property and vehicles. A specific time frame would
be impossible to institute.
6. Wrecker drivers shall not be allowed to drive up and down the rows,
looking for vehicles to reposses for companies said wreckers represent.
7. The use of car carriers, dollies, extra time, extra equipment, etc. ,
shall be subject to approval by the Wrecker administrator or Pound sup-
ervisor.
8. Wrecker operators/owners shall be required to follow any directions or
instructions given by auto pound personnel.
9. Violations of any of the above rules shall be subject to review by the
Wrecker administrator.
Disciplinary action may be determined by the pound supervisor or a higher
command level.
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City of Fort Worth, Texas
Mayor and Council Communication
DATE ]REFERENCE NUMBER LOG NAME PAGE
03/18/97 C-15951 12POL1 1 of 1
SUBJECT CONTRACTS FOR TOW TRUCK SERVICES FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute contracts for
towing services with those firms desiring to enter into same and meeting the contract
requirements.
DISCUSSION:
The new ordinance regulating non-consent tows within the city limits requires companies desiring
to perform non-consent tows for the Police Department to execute a contract with the City.
There are three types of contracts: standard tow trucks; tilt bed/rollback tow trucks; and tandem
tow trucks. The fees for services to be provided are the same as contained in the ordinance.
Contracts will be executed with any firm desiring to perform police pulls that meets the contract
requirements, such as towing operations being the firm's primary business, vehicle specifications,
insurance, and local licensed storage facility.
The estimated expenditure for towing services for the remainder of the current fiscal year (April
through September) is $500,000.00
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that there are sufficient funds available in the current
operating budget, as appropriated, in the General Fund.
CB:m Of11CIAL RECORD
CITY SECRETARY
FT. NORTH, TM
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Libby Watson 8511 CITY COUNCIL
Originating Department Head:
18 1997
Wade Adkins 7623 (from)
GG01 539120 0353303 $500,000.00 CCIc��
For Additional Information City Swrntasy of the
City of Fort Worth,Texas
Contact:
Wade Adkins 7623
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