HomeMy WebLinkAboutContract 34843C��rY �E�RETARY
CONTRACT !VO e
CONTRACT FOR TOW TRUCK SERVICE
(TANDEM AXLE)
WHEREAS, the City of Fort Worth occasionally requires the services 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 Joe Paniagua, its duly authorized Assistant City Manager, and A-1
Wrecker Service, LLC owned by VSF Properties, LP, hereinafter referred to as
"Company", acting herein by and through Danny Hankins, its duly authorized
President, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing service
not to exceed $22,000.00. 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
This service contract shall commence on February 5, 2007 and expire on
September 30, 2007.
3.
COMPENSATION AND PAYMENT
3.1 Compensation. As compensation for providing the services
contemplated by this Contract, City agrees to pay Company as follows:
a) Towaqe. A charge of Two-Hundred and Sixteen Dollars ($216.00) per
hour 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
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department at the place where the tow originated. The minimum
charge shall be for one hour; after the first hour, time shall be billed for
in increments of fifteen (15) minutes, at a charge of $54.00 per
increment.
b) Second tandem axle tow truck. In the event the police officer at
the scene determines that a second tandem axle tow truck is required,
a charge of One Hundred eighty dollars ($216.00) per hour billed in
increments of fifteen (15) minutes while at the scene of the police pull,
with a minimum charge for one hour, at a charge of $54.00 per
increment. Travel time is excluded.
c) Reimbursables. In the event Company is required to rent equipment
or other materials specifically related to a police pull as directed in
writing by a police supervisor at the scene, Company shall be
reimbursed the actual cost incurred plus fifteen percent (15%).
Charges under this subparagraph are subject to the review and
approval of a police supervisor.
d) Extra help. An additional charge of twenty dollars ($20.00) per
man per hour, with a minimum charge of four (4) hours, when
authorized in writing by a police supervisor at the scene of the police
pull.
e) Air cushions.
1.) Regular cushions - A charge of one hundred-fifty dollars ($150.00)
per hour per cushion, with a minimum charge of one hour. After the first
hour billing shall be in increments of fifteen (15) minutes.
2.) Tanker cushions - A charge of four hundred dollars ($400.00) per
hour per cushion. After the first hour billing shall be in increments of
fifteen (15) minutes.
3.) Prior approval by a police supervisor at the scene of a police pull is
required for the use of air cushions.
fl Handlinq hazardous materials. When the cargo of any motor
vehicle or trailer includes explosive, nuclear, radioactive, hazardous or
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corrosive materials, as defined by the Environmental Protection
Agency, Texas Department of Transportation, or the Texas Natural
Commission on Environmental Quality, a fee equal to one hundred-fifty
(150) percent of the charges incurred under subparagraph "a" above.
g) Tractor, hydraulic tilttail, lowboy, other specialized equipment. A
charge of one hundred eighty dollars ($216.00) per hour, billed in
increments of fifteen (15) minutes, with each increment being charged
as $54.00 per increment, as authorized in writing by a police
supervisor at the scene of the police pull. The police supervisor shall
sign the wrecker selection form.
h) Nothing contained herein shall be construed so as to obligate City to
expend any sums of money except for services actually rendered.
Further, nothing contained herein shall be construed so as to
guarantee to Company that City will contact Company for any towing
services contemplated by this Contract.
i) Police Department and Rotation Service Calls. The service fee
charged a private citizen for a rotation call under this contract shall not
exceed the fees as set forth above.
3.2 Invoicinq 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.
3.3 Compensation Review. City shall review on an annual basis the
compensation provided for hereunder, with the first such review to be conducted
during the month of August 2004. Similar reviews shall occur in August of each
succeeding year that this contract is in effect. City shall make adjustments in the __
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compensation based upon increases or decreases in the cost of doing business,
taking into consideration fuel, insurance, labor, and such other costs as may be
relevant to the operation of a towing business.
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) tandem axle (heavy duty) wrecker rated at not less
than 26,000 gross vehicle weight, equipped with a power winch and winch
lines with a boom rated at not less than 50,000 pound lift capacity.
b) At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
Tow bar
Towing lights
Emergency overhead warning lights (red or amber color only)
Safety chain
Fire extinguisher, A. B. C. type
Wrecking bar
Broom
Ax
Shovel
Reflectors or traffic cones
Trash container
Two way voice or computer communication between tow truck and
Company dispatcher
Backing warning signal
Wheel chocks (rubber or metal)
Traffic cones
c) Each wrecker shall have the identifying markings required by the Texas
Transportation Code, section 642.002. In addition, each wrecker shall provide
Notice of Complaint Procedures to the owner of a towed vehicle as outlined by
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the Texas Department of Transportation Rules and Regulations as contained in
43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended from time to time.
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 from insurers acceptable to City in the
following types and amounts:
5.1 Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
or
Garage Liability
$1,000,000 each accident, otherthan auto
$1,000,000 aggregate
5.2 Automobile Liability
$1,000,000 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
$50,000 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 written on a direct primary
basis.
5.4 GARAGEKEEPER'S LIABILITY
$50,000 per unit
5.5 Worker's Compensation/Accident Insurance
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Coverage shall meet the minimum requirements of state law as
contained 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:
a) The City, its officers, employees and servants shall be endorsed as an
additional insured on all policies except employer's liability insurance
coverage under the workers' compensation insurance policy.
b) Certificates of insurance shall be delivered to the supervisor of the City of
Fort Worth Auto Pound, 1301 E. Northside Drive, Fort Worth, TX 76102,
prior to any work being performed under this contract.
c) Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirements
specified herein.
d) Each insurance policy shall be endorsed to provide the City a minimum
thirty days notice of cancellation, non-renewal, and/or material change in
policy terms or coverage. A ten days notice shall be acceptable in the
event of non-payment of premium.
e) Insurers must be authorized to do business in the State of Texas and
have a current A.M. Best rating of A: VII or equivalent measure of financial
strength and solvency.
� Deductible limits, or self-funded retention limits, on each policy must not
exceed $10,000.00 per occurrence unless otherwise approved by the City.
g) Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing
any alternative coverage.
h) City shall not be responsible for the direct payment of insurance premium
costs.
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i) Insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j) Company shall report, in a timely manner, to City's officially designated
contract administrator any known loss occurrence which could give rise to
a liability claim or lawsuit or which could result in a property loss.
k) Company's liability shall not be limited to the specified amounts of
insurance required herein.
I) Upon the request of City, Company shall provide complete copies of all
insurance policies required by these contract documents.
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.
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 licensed under Article 6687-9a, Revised Statutes.
c) Maintain business operation twenty-four (24) hours a day, seven days per
week.
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d) Respond to all calls contemplated by this contract within forty-five (45)
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) Maintain on file with the City the name of the owner, president or chief
executive officer, business address and telephone number; further,
Company shall 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.
fl 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.
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) Completely remove all debris resulting from any accident to which the
Company is responding. Removal of debris shall not be considered
complete by merely sweeping it to the curbline.
k) 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.
h) Shall only employ drivers of tow trucks authorized to operate same.
i) Provide Police Auto Pound personnel with an invoice at the time the towed
vehicle is delivered to the Pound together with a signed wrecker selection
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form provided by the police officer or supervisor at the scene of the police
pull.
7.
TERMINATION OR SUSPENSION
7.1. This contract may be terminated or suspended by City for any of the
following causes:
a) Violation of any term and/or condition specified in this contract.
b) 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 forty-five (45) minutes allotted for a
response to a wrecker call.
c) Permitting a tow truck to be operated by anyone while under the influence
of alcohol and/or drugs.
d) Permitting a tow truck to be operated by anyone whose operator's license is
suspended.
e) Transferring or assigning any call for service to any other company
� 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.
g) 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.
h) 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.
i) Failure to comply with any state or federal law or city ordinance related to
the operation of a wrecker company.
j) 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.
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k) 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.
I) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 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.
7.3 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 or more than twelve (12)
months.
7.4 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
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 Company
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 for the 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 that it enjoys under applicable State or Federal law.
9.
ASSIGNMENT
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Company shall not assign, transfer or sublet this Contract or any portion
hereof to any party without the prior written consent of City that shall not be
unreasonably. Any such assignment, transfer or subletting of this Contract shall
be void and shall operate as a termination hereof.
10.
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
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 invitees. The
doctrine of respondeat 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 have executed this Contract on the
date opposite their signatures below.
A- �RECK S RVICE, LLC
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Dan Hankins, President Date
APPROVED AS TO FORM AND LEGALITY
Leann Guzman
Assistant City Attorney
Date
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Assistant City Manager
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