HomeMy WebLinkAboutContract 27331 CITY SECRETARY
CONTRACT NO,
` 12-28-01 A10 : 06 I M
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 Kevin Ballard Enter?rise Inc., dba Ballard Service Center, dba Ballard
Wrecker Service, hereinafter referred to as "Company", acting herein by and
through Kevin Ballard 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 fiends 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 miAmum 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
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permitted under sub h "a" above. In addition, a charge may 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 se.rvice 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 providdd 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 bedroll 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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9) Shovel
10) Reflectors o.rAraffic scones
1'1) 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 oil 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 Aften 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:
o to provide the City with a minimum of thirty (30) days notice of
cancellation, non-payment of premium, or non-renewal;
o 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
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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 they-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 invidice 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)
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months.
D. - In the event City suspends or terminates this contract for cause, and the
I 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 shell 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 perfornzed 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 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 rties h reto have executed this Contract on
the day of_ — 20
TEST: CIAbyy RT WORTH
By
Gloria Pe on, City Secretary son
Assis tant City Manager
APPROVED AS TO FORM P--
AND LEGALITY contract Authorization
m
Date
Assistant City Attorney
Kevin Ballard Enterprises
Inc. dba Ballard Service
Center, dba Ballard
Wrecker Service
(Company N ire)
ATTEST:
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Corporate Secretary Kevin Ballard, President
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MRIBIT. 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.
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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.
S. 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
"ayor and uncit Communiendon
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 P_9477 0001-0316 1 of 2
SUBJECT AUTHORIZATION OF CONTRACTS FOR NON-CONSENT TOWING OF WRECKED
OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY
ORDINANCE NO. 12924 FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize contracts for non-consent towing of wrecked or abandoned vehicles from multiple vendors
as required by City Ordinance No. 12924 (see attachment"A" for a list of current vendors); and
2. Authorize the contracts to begin October 16, 2001, and expire October 15, 2002, with options to
renew for four successive one-year periods.
DISCUSSION:
City Ordinance No. 12924 regulates non-consent towing within the City requiring companies desiring to
perform non-consent towing for the Police Department to execute a contract with the City.
There are three types of contracts:. those for standard tow trucks, tilt bed/rollback tow trucks, and
tandem tow trucks. Participating wrecker companies are licensed under Article V, Wreckers, of Chapter
34, Vehicles for Hire, of the Code of the City of Fort Worth. The fees for services to be provided and
assignment to one of four zones are the same as contained in the ordinance. The estimated
expenditure for these services is $1,100,000 per year.
Contracts will be executed with any vendor desiring to perform non-consent towing that meets the
contract requirements such as towing operations being a vendors primary business, equipment
specifications, insurance, and a local licensed storage facility.
BID TABULATION -See attached "Service Fee Schedule".
M/WBE - A waiver of the goal for MMBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office because the purchase of services is from
sources where subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at
the City's option. This action'does not require specific City Council approval, provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
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City of Fort North, Texas
imolljor -find council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 P-9477 0001-0316 2 of 2
SUBJECT AUTHORIZATION OF CONTRACTS FOR NO TOWING. OF WRECKED
OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY
ORDINANCE'NO. 12924 FOR THE POLICE DEPARTMENT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
CB:n
BQN/01-0316/KDK
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 APPROVED
Originating Department Head: CITY COUNCIL
Jim Keyes 8517 (from)
OCT 23 2001
Additional Information Contact:
Robert Combs 8357 City Secretary of the City t Wor Texas
FORT WORTH POLICE DEPARTMENT
PUBLIC SERVICE REFERRAL TOWING ROTATION LISTING
EAST ZONE "A" SOUTH ZONE "B"
Action Wrecker Ballards Wrecker
Beards Wrecker FW Towing
Bivins Wrecker Morris Wrecker
Cardinal Wrecker Thomas Wrecker
F.L. Heinz Wrecker Wootens Wrecker
Harden Wrecker
Lone Star Towing
WEST ZONE "C" NORTH ZONE "D"
A— 1 Wrecker ABC Wrecker
Buddys Wrecker Advance Towing
H&R Automotive Eagle Wrecker
Hubbards Wrecker Fort Worth Towing
Milner Wrecker J & H Wrecker
Normans Wrecker Guy Simons Wrecker
Quality Towing Metro— 1 Wrecker
Texas Towing West Loop Towing
Western Towing
ROLLBACKITILTBED SERVICE
ABC (D501) Guy Simons (D507)
A& R (13301) H & R (C404)
Advanced (13502) J & H (D505)
Ballards (B302) Little Johns 24 Hr (A209)
Beards (A203) Lone Star (A210)
Buddys (C403) Morris (13307)
Cardinal (A205) Normans (C407)
Eagle (13503) Texas Towing (C409)
Fort Worth (13305) Thomas (B309).
FW Towing (D504) Western(D510
TANDEM AXLE/HEAVY DUTY
ABC
A& R
Cornish
Texas Towing
Thomas
Up Dated:02/20/2001
TOWING FEES
Regular Tow $65.00 each.
Flatbed Tow $85.00 each.
Heavy Duty Tow $125.00 each.
Reduced Fee for response with $65.00 each.
flatbed in place of regular truck
Fee for second tow when more $50.00 per hour.
than one truck is needed
Fee for extra work such as: $50.00 per hour.
pulling vehicle out of mud, etc.
Fee for handling of hazardous 150%of normal charge.
materials.
Fee for protective clothing Materials+ 15%.
Total number of tows last year 15,224
ATTACHMENT A:
A-1 Wrecker Service
ABC Wrecker Service
Action Wrecker Service
Advanced Towing
A& R Wrecker
Ballard's Wrecker Service
Bivins Wrecker Service
Buddy's Towing Service
Cardinal Towing, Inc.
Clarence Cornish Wrecker
Eagle Towing &Recovery
F.L. Heins Wrecker Service
Fort Worth Towing & Recovery
Fort Worth Wrecker Service
Guy Simons Wrecker Service
H & R Automotive
Harden Towing Service
Hubbard's Garage
J & H Wrecker Service, Inc.
Little John's 24 Hour Towing, Inc.
Lone Star Towing, Inc.
Metro-1 Wrecker Service
J.L. Milner Wrecker Service
Fred Morris Wrecker
Norman's Wrecker
Postrac, Inc.
Quality Towing
Texas Towing Wrecker Service
Thomas Towing, Inc.
West Loop Towing And Recovery
Western Recovery, Inc.
Wooten's Wrecker&Automotive
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