HomeMy WebLinkAboutContract 28612r ��
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CQNTRACT FOR TOiN TRUCK SERVICE
(STANDARD SERVICE)
WHEREAS, the City o# For� Worti� occasionally req�ires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safefy of
the cifizens o� the City of For� Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Wor�h, hereinafter referred tn as "City", acting herein by
and through Libby Watson, its duly authorized Assistant City Manager, and
Texas Towina Wrecker Service Inc., hereinafter referred to as "Company"", acting
herein by and through Jerry Clav .lr., its duly authorized President, agree as
follows:
1.
SERVICES
City here�y contracts with Company to provide police pull towing service.
As used h�r�in, "�olice pull'" shall mean that the Fort Wor�� Police Department
has cal[ed Company from the rotation list to either r�move a wreck�d or disabled
�ehicle or ta remove a vehicle in a safe driving condition, b�t the owner is not
present, able or permitted to d�ive or to make authorizations.
2.
TERM
The initial term of this cQntraci shall expire on September 3Q, 2003. In
addition ta the initial term of this contract, there shall be four options to renew �or
terms of one year each, un�ess earlier terminated as hereinafter provided.
Renewal shall occur upon City including in its budget far the o�tions years
sufficient funds to pay for its obligations hereunder and Company providing proof
of insurance to City.
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COMPENSAT�ON
3.� Compensafior�. As cQmpensation for providing the
contemplated by this Contract, City agrees to pay Company as �ol�,���
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services
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a} Towaqe. A charge of One hundred Dollars ($1D0.00) for towing such vehic[e
from one point on a stree# to another location within the corparate limits of the
city as directed by the police department at the place where the tow
originated; such char�e includes one-half hour of ex#ra work.
b} 5econd tow truck. In the event tf�e police offic�r at the scene determines
that a second tow truck is reauired, a charge of One hundred dollars
«�oa.ao� ��r �,our, with a minimum char�e of one hour, bi[led in increments
of fifteen (15) minutes wnile at the scene of the police �ull. A police
sup�rvisor shall approve the use of a second tow truck. Travel time is
exclud�d.
c) Extra work. An additional charge of one hundred dollars �$1Q0.00) per
hour, with a m�nimum charge of one hour, charged in increments of fifteen
(� 5) minutes, for removing vehicles that are off the str��t 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 tl�ough the vehicl� is
within the stre�t right-af-v�ay, an additional charge may be made if the vehicle
is located in some unusual conditiar� within the right-of-way, such as, but not
limited to, a ri�er 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 pofice officer
at the scene of the pull. The charg�s for' such extra work shail b� re�iewed
and aPproved by the Auto Pound Wrecicer Adminisfrator. Exfra work
excludes travel time, waitin� time and clean-up time.
d} Use of � doElv. No additional fee sha[I be charged for the use of a dol{y.
e) Handlina haz.ardous materials. When #he cargo of any motor vehicle or
trailer includ�s explosive, nuclear, radioactive, h�zardous or corrosive
materials, as defined by the Environmental Protection Agency, T�xas
Department of Transportation, or the Texas Commission on Environmer�tal
Quality, a fee equal to one hundred-�ifty (150) percent of the charges which
may be assessed pursuant to subparagraph "a" abo�e. ln addition, a charge
�
may be made for expenses incurred related ta protective clothing and any
Standard Wrecicer 2
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other supplies or equipment used in handling such materiafs, such cY�arge
being equal to the actual amounts incurred plus �ifteen (� 5} percent.
f} Nathing contained h�rein shall be construed so as to obligate City ta expend
any sums of money. Furkh�r, nothing contained herein shall be construed so
as to guarantee to Company #hat City wi�l contact Company for any towing
services contemplated by this Contract.
3.2 Invoicinq and Pavment. Company shall lnvoice City once per montYt.
Cflmpany shall include with the invaice such documenfs as may be re�sonably
requested to provide evidence of the services pro�ided 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 andlor persannel at the Fort Worth Auto Pound.
Such invoice shall be subject to the review and approval of appropriate City
personnel. City shafl remit paymen� to Campany not more than thirky (30) days
follawing approval of invoice.
3.3 Campensation Review. City shall review an an annual basis the
compensation provided far hereunder, with �he first such review to be conducted
during the month of August 2003. Similar reviews shall occur in August of each
succeeding year that this confiract is in effect, City shall make adjustments in the
compensation based upon increases or decreases in the cost of doing business,
taking inta consideration fuel, insurance, fabor, and such other costs as may be
relevant to the operation of a towin� business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at a11 times the following vehiclss and equipment
in working condition:
a} A minimum of twa (2) wreckers, one of which shall be not less than 14,D00
pounds gross v�f�icle weight and one of which shall be not fess than 1 Q,OQO
pounds gross vehicls weight, dual rear wheels, equipped with a hydraulic
operated winch, winch lines, and a baom rated at nof less than 8,000 pound
lift capacity and a wheel lif� device rated at not less than 2,500 pounds.
Standard Wrecker
Pagc 3 af ] 2
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b) At a minim�m, all wreckers shall be equipped wifh the follawing equipment,
which at all times shall be maintained in working order:
�)
2)
3)
4)
5)
6}
7)
8)
9)
1 D)
11)
�2)
13)
14)
Tow bar
Towing lights
Emergency overhead warr�ing lights (red or amber color only)
Safety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
S hovel
Reflectors or traffic eones
Trash container
Two way voice or comput�r communication be�ween tow truck
and Company dispatch�r
Backing warning signal
Wheel chocks
c) Each wrecker shall have the identifying markings required by tne Texas
Transportation Code, section 642.002. In addition, each wrecker shall provide
Notic� of Complaint Procedures to the owner of a towed vehicle as outlined by
t�e Texas De�artment of Transportatian R�les and Regufatiorts as contained in
43 Texas Administrative Code, Chapter 18, subct�apter 18.89, as same may be
amend�d from time to time.
d) Each tow truck and the required equipment shall he inspected by the
Ghief of Po[ice or his authorized d�sign�e �rior to �eing used for services
contemplated by this contract. In addition, each tow fruck and the required
equipment shall be subject to ir�termittent insp�ction to assure compliance with
fihis contract.
Standard Wrecker 4
F�age 4 of 12
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a) Tne City, its afficers, �mployees and servants shall be endorsed as an
a�ditionaf insured on all policies except employer's liability insurance
coverage under the workers' compensation insurance pol�cy.
b) Certificates of insuranc� shall be delivered to the supervisor of tY�e City of
Fort Worth Auto Pound, 9301 E. Northside Drive, Fo�t Worth, TX 76�02, prior
to any work being perfarmed under this contract.
c} Any failure an part of the City to request required insurance
documenfafion shall not constitute a waiv�r of t�e ins�rance requirements
specified herein.
d) EacF� ir�su�ance palicy shall be endorsed fo provid� the City a minimum
thirty days notice of cancellation, non-renewal, andlor material chan�e in
policy terms or coverage. A ten days nofic� shall be acceptable in the event
of non-paym�nt of premium.
e) Insurers must be authorized ta do business in the State of Texas and
have a curren# A.M. B�st rating of A: VI! ar equi�alent measu�e of financial
strength and solvency,
f) Deductible limits, or self-funded retention limits, on c�ach policy must nat
exceed $� O,�OO.OQ per accurrence unless oth�rwis� ap�roved by fhe City.
g} Other than worker's campensation insurance, in lieu of tradi�ional insurance,
City may consider afternative coverage or risk treatment measures through
insurance pools or risk retention groups. TF�e City must approve in writing arty
afternative coverage.
h} Workers' compensation insurance policy(s) covering employees shall be
endorsed with a waiver of subro�ation �roviding rights of reco�ery in fa�or of
th� City.
i} City shall nof be responsible for the direct payment of insurance premium
C05t5.
j) Insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or comm�rcial coverage maintained
by City shall not be called upon to contribute to loss recovery.
Standard Wrecker (�
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k) Company shall report, in a timely manner, to City's offiicially designated
cantract adminis�rator any known loss occurrence which� could give rise to a
liability claim or lawsuit or which could result in a prope�ty foss.
I) Company's liability shall not be limited to the specified amo�anis of
insurance required herein.
m) Upon ihe r�qu�st of City, Company shall provide complete copies of all
insurance policies required by these contract documents.
5.7 In the event a state ar federa[ law, rule or regulation pertaining to wrecker
5ervice compani�s operating within the State of Texas exceed insurance
requirements specified herein, such staie or federal 1aw, rule or regulation shali
prevail for the respectiv� type of insurance coverage andlor limit thereof.
6,
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this cantract, shall perform the following duties
and have the foffowing responsibilities:
a) Maintain as its primary business the towing of �ehicles or trailers by
wreckers meeting the r�quirements of paragraphs 4{a) and 4(b) above.
"Primary business" shall mean that Company receives more fihan fifty per-cent
(5Q%) of it gross revenues from the towing of veY�icles and trailers. All of
company's records shall be open to reasonable inspection, bath at the time of
execution of this agreement and at any #ime during th� term hereof, to verify
compliance with this condition.
b) Maintain a currently licensed vehicle storage facility located within the
corporate iimits of the City. "Vehicle storage facility" shall mean a facility
operated by a person licensed under Article 6687-9a, Re�is�d Statutes.
c) Maintain �t�siness aperatian twenty-four (24) hours a day, seven days per
week.
d} Respond to all ca![s cflntemplated by this contract within thirty (30} minutes
of nofificatian, except in extraordinary situations wf�ere delay is caused by ice,
snow or other weather related eonditions. In th� event Campar�y fails to
respond as required, Cify may notify another wrecker company and Company
S[andard Wrecker '�
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TERMINATION AND SUSPENSfON
sha[I not be e�titled to the compensafion to wnich 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 natify the City of any change af ownersY�ip, president or chief executive
officer, or change of address within five (5) business day5 of any such change.
f) Deliver the motor vehicle being towed to the location within tf�e corparate
limits of Cify designated �y the polic� officer at th� scene af the pull. Delivery
shall be made without delay or deto�r.
g) Fully cooperate with any investigation cond�cte� by the City regarding
com�laints against Company, whetner or not such complaints aris� out of
services contemplated by this Contract.
h) Shall not become delinque�t in fhe payment of any taxes due to City.
i) 5f�all nat go to any accident scene unless the Company has been called to
the sc�ne by the owner ar operator afi a vehicle ar an authorized representati�e
of sameP or by the City.
j) Completely remove all d�bris resufting fram any accident to which the
Campany is responding. Remova! of debris shall not be considered complete
by merely sweeping it �o the curbline.
k) Shalf not so[icit any wrecker bus3ness within �he corporate limits of City at
t�e scene of a wreck�d or disabled vehicle, regardless of whether the
solicitation is for the purpose of so�iciting the business of towing, repairing,
wrecking, storing, trading, o� purchasing th� �ehicle.
I) Shall anly emplay drivers of tow trucks authorized to operate same.
m) Provide the Palice Po�nd personne[ with an invoice at the time fhe �ehicle
is delivere� to the Auto Pound together with the sigr�ed wrec[cer selection form
ta E�e provided.
7.1 This confract may be terminated or sus�ended by City far any of the
follawing causes:
Standard Wrecker
Pape & of l2
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a} Violatian af any term andlor condition specified in this cantracfi.
b) Faiiure to notify the Communications Division of the Police Department
within fifteen {15) minutes fram the time of nofiification if the Company will
be unable to respond within the thirty (30) minutes a[lotted for a r�;sponse ta
a call for wrecker service.
c) Permitting a tow truck to be operated by anyone while under th� influence
of alcohol andlor drugs.
d) Permitting a fow truck to be operated by anyane whose aperator's license is
suspended.
e) Transferring or assigning any call far service to any other campany
f) Any sus#ained complaint of theft �y personnel of Company while ac�ing in
their capacity as employees of Company, whether occurring during a pofice
pull or ofherwise.
g) Any sustained complaint of threats made by persannel 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 palice personnal at the scene af a
police pull or civilian employ�e at the Police Pound. Campany may request
a police supervisor to validate any such direction given.
i) Five (5) passes within a thirty (30) day period. Pass in this paragraph sha[I
mean Company failing to notify the City of Ets inability to res�ond to a
reqt�est for service as required by paragraph 2 above.
j} Ten (10) passes witYtin a thirky (30) day period. Pass in this paragraph shall
mean a Company notifying fhe City of its inability to respond to a request for
service as r�quired �y paragraph 2 abo�e.
k} Violation of any rul� or regulation confained in Exhibit "A" attached hereto.
I) Failure to comply with any state or federal law or city ordinance related to
tne operation of a wrecker company.
7.2 City shall notify Company in writing of its intent to terminate or susp�nd for
cause twenty (2�) days prior to such suspension or termination. Company shall
have the right to request a hearing before the Chief of Polic� or his designee
5tandard Wrecker C�
Page 9 of l2
regarding the intent to terminate or suspend far cause by requesting a hearing in
writing within five (5) business days aft�r receipt of notice o� intent to terminate or
suspend. A hearing shall be canducted within fifteen (15) days ofi the request for
hearir�g. The City, in its sol� discretion, may temporarily suspend fhis contract
during any appeals process.
7.3 ln the event this contract is sus�end�d for cause, tha sus�ension shall be
for a perEod of time of not less than six {6) monfhs nor mare ttian twelve (12)
months.
7.4 ]n the event City suspends ar terminates this contract for cause, and the
cause for such suspension or termination is determined to be invalid, Com�any's
sole remedy shall be reinstatement of this contract. CQmpany expressly wai�es
any and aIl rights to monetary damages, inc[uding but not fimited to ac#ual and
punitive damages, court costs and attorney's fe�s.
8.
lN�EMNIFICATiON
With regard to any I[ability which might aris� h�reunder, City and Company
agree that they shall be solely and exclUsivefy liable for the negligence of its own
agents, servants, subcontractor5 and employees and that neith�r party sha11 look
to tF�e other party fio save or hald 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 �e construed to be a waiver by City of
any rEght of protection that it enjoys under applicable State or Federal law.
9.
ASSIGNMENT
Company shail not assign, transfer or sublet this Contract or any part�on
hereof to any party without the �rior written cansent ofi City tl�at sha1E not be
unreasona�ly withheld. Any sucY� assignment, transfer or subletting of this
Contract without the consent of the City shall be void and shall operate as a
termination hereof.
Slandard Wrecker 1 Q
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10.
ZONES AND ROTATION LIST
10.1 Cify shall divide the city into four {4} zones that shall correspond to fhe four
�4) patrol divisions. Company shall be assigned to fhe zone or an adjacent zone in
which it maintains its principal place af business.
10.2 City shall create a rotation Iist within each of the faur (4) zones that will
dicfate the order in which wrecker companies are contacted.
10.3 City may request Company to conduct a police pull within any zone, and
Company agrees to use its best efForts to arrive at th� scene of the palice taw
within thirty (30) minutes.
11.
IN�EPENDENT 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, servan� or employee of the City. Company shafl have exclusive
control of and the exclusive right fa cor�trol the details of the work or senrice fo be
performed hereunder, an� all persons performing same on behalf of Compar�y,
and shall be salely res�onsible for the acts and omissions of its officers, agents,
servants, empfoyees, contractors, subcontrac#ors, licensees and in�itees. The
doctrine of respondeat superior shall not apply as between the City and Company,
its offEcers, agents, s�rvants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership or joint venture
between the parties hereto.
Standard Wrecker 11
E'age 1 l nf 12
In witness whereof, the parti�s h�r�ta have executed this Car�tract on the �; �`�'
day of _ , 20�
ATTEST: CITY OF�QRT WORTH
, �
�/�J �<�fi1� By: � � � �.
� Glor' Pearsan '�by W�
C[ty Secretary , � Assistant City Manager
'C. ` . - � , .--, *_; �:
APPROVED AS TO FORM �o�trac� Au�horix�tian
AND LEGALITY 1 ` ��,t ���' ` ��
t�at� �
Assistant City Attorney
ATTEST:
Corpnrate Secretary
Texas Towinq Wrecker
Service Inc.
{Company Name)
By: � �
Jer a r., �sident
� °.,�r�. .
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_ �, _ I
Standard Wrecker 12
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