HomeMy WebLinkAboutContract 27853�orYir�� ��i � � T��
CONTRACT FOR TOW TRUCI� SERVICE
(STANDARD SER'VICE)
V�HEREAS, the City of Fort Worth occasionally requires �he service o�
tow t�-ucics; and
WHEREAS, such tow �rucic services are necessary �o protect the safety
of the citizens of fihe City o�' Fort Wor�h,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City af Fort Worih, hereinafter �efer�ed tn as "City", acting herein
by and through Libby Watson, its duly authorized Assistant City Manager,
and Apaclle Towin� & Tiansport, Inc. , tliereinafter referred to as
"Compa��y", actil�g liereii� by a11d t�uottgh Sandra Garcia , its duly
authorized President, agree as follows:
1.
SERVICES
City hereby confiracts with Company ta provide palice pull ta�ving
seivice. As used herein, "police pu11" shall mean that th� Fort Worth Police
Departineilt has called Coinpany from the rotation list to eitller rerr�ove a
�txrrecked or disabled velucle or to remave a vehicle n� a safe driving condition,
but the owner is noi present, able or pern�itted to drive or to make
authorizatio�ls.
2.
TERM
The term of �his con�ract shall be for a period of twelve (12) months
from.the date of its execution, with four opfians tio renew for terms of one year
each, unless earlier terminated as hereinafter provided. Renewal shall occti�r
upon Gitiy including iii its budget for the optians years sufficient fiulds to pay
for its obligations hereunder and Company providing proof of insurance to
C1tji.
3.
COMPENSATION
1. Comuel�.sation. As compensation for providing the seivices
cantemplated by tl�is Contract, City agrees to �ay Company as follows:
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a) Towaae. A charge of sixty-fi�e dv�lars {$65.00) for towing such �ehicle from
one point on a street to anather locatian within the carporate �imits af the city
as directed by the polic� department at the place where �he #ow originated;
such cnarge includ�s ane haur of �xtra wark.
b) Secon� tow t�uck. � ln the �vent the police officer at t�e scene determines
. ihat a secand tow truck is required, a charge af fifity do�lars {$50.00) per hour�
with a minimum charge of one hour, billed in increments of fifteer� (� 5)
minutes while at th�e scene of the po�ice puli. The �ase-af a second tow truck
shall be ap�roved by a police supervisor. Travel time� is excluded.
c} Extra wark. An addifional charge of #if#y dal[ars ($50.�0) per hour, with a
minimum charge of one hour, charged in increme�ts of fifiteen (�5) minutes,
for removing vehicles which are off the str�et right-of-way, such charge to be
mad� from the_time the operator begi�s to remove tf�e �ehicle until it is on the
traveled portion of the street. E�en thou�h the vehicle is within the str�et
right-ofi-way, an adcCitional eharge may be made if the vehicle is �ocated in
some unus�al condition within th� right-of-way, such as, but not limited to, a
river or a creek bed or a ditch of greater d�pfh than the ordinary bar ditch.
Extra work shall vnly be al[owed when authorized f�y a p�lice vfficer at the
scene af the pull. The charges far such extra work shall b� revieweti and
approved by the Auto Pound Wrecker Administrator. Extra wor�C excludes
tra�e� time, wa�ting #im� and clear�-up time.
dj Use of a dallv. No additional fee shafl be charged for #he use of a dolly.
e� Handlinc� ha�ardoUs rnaterials. When t�►e eargo of any motor vehicEe or
traifer includes ex�lasi�e, nuclear, radioactive, hazardous or corrosive
materials, as defined by the Environmental Protection Rg�ncy, Texas
Departm�nt ofi Transportation, or t�e Texas Natural Resource Conservation
Commission, a fee equa! to one hundred-fifty (15a) percer�t af the charges
wY�icY� may be assessed pursuant to subparagraph "a" aba�e. In addition, a
charge may be made f�r �xpenses incUrred related to protective clothing and
any ather sUpplies or equipment used in handling such mat�rials, such
charge �eing equal to the actual amounts ineurr�d plus fifteen (15j percent.
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�) No�hing contained herein shall be co�strue� so as to ok�{igate Gity to expenci
any sums of mo�ey. FurtF�er, nothing cantained herein shall be construed so
as #a guarar�tee to Com�any that City wili contact Company far any towing
services contemplated by this Contract.
2. Ir�voicina and pa�rment. Gompany shal{ Invoice City once per month.
Company shall inc�ude,�with the in�aice such documents as may ,be reasonably
requesied to provide evidence of the services pravided to the City, which at a
minimum shall include� copies of the wreck�r selectian form signed by t�e officer
at th� scen� of th� palice pu11 and/or personnef at fhe Fort Worth Auto Poun�d.
Such invaice shall be s�bject io the review and ap,proval of a�propriate City
perso�nel. City sha11 remit payment to Compar�y not mare ihan fhirty (34) days
foifowing appraval of invoice.
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VEHIC�.E AND EQUIPIVIENT REQUIREMENTS
Company shall maintain at ali #imes fhe followi�g vehicles and eq�ipment
�, in warking condition:
a) A minimum of two (2) wreckers, one of which shall be nat less than �4,000
pounds gross vehicle weig�t and one of wh�ch sh�ll be not less than 10,OOQ
pounds gross ��hicle weigh�, dual rear wheels, �quipped with a hyd�a�l3c
aperated winch, wir�ch lines, anci a baom rated at nat less than 8,000 pound
lift capacity and a whee{ lift c4�vice rated at not less than 2,5�� pounds.
b) Ai a mi�imum, a{1 wreckers shall {�e �quipped with the foClowing equipment,
wh�ch at all t�mes shall be maintained in warking order:
1)
2)
3)
4}
5)
6)
7)
Taw bar
Towing li�hts
Emergency overh�aci warning iights {red or amber calor aniy}
5afaty chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broam
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8} Ax
9} Shovel
� 0) Reflectors or traffic cones
i 1 } Trash co�tain�r ,
12) Two way vo�ce or compuier communication betweer� taw truck
and Cor�pany d9spatcher .
� 3) Backing warning signal
14) Wheel chocks
c) Each tow truck shal� have perman��tiy inscribed on each side af the r�ehicfe,
in letters of r�ot less than ihree (3) inches in heigl�, the name, address and
#elephr�ne number o� the cpmpany. Magnetic or othe�' #orms of removable signs
are prohibit�d.
dj Each tow #ruck and t�e required equipment shal! be inspected by the Ch�ef of
Police or his autharized designee prior to being usec� for services contemp�ated
by this cantract. In acidition, eacY� tow fruck at�d the requ[red equipment shall be
subject #o int�rmittent inspection to assure compliance with this contract.
5.
WSURANCE REQUIREMENTS
Company shall maintain insurance from insurers aeceptable ta City of the
following types and amounts:
5.1 Gortzmercial General �,iability
$500,000 each occurrence
$500,fJOQ aggregate
or
Gar�ge Liab'rli#y
$500,000 each accident, other than auto
$500,�a0 aggr�gate
5.2 A�tomobif� I�iabil�#y
$500,000 each accider�t, combineci single limit
This coverage shall inc�ude a!I vehicles owned or non-ow�ed t�a#
are operating under Company's operating authority.
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5.3 Carga/On-Nook
$30,000 per unit
Ca�erage shall inc[ude both the ur�it bei�g towed and ifis contents.
Units covered shall incluti� bui not be limited to mator vehicles,
trailers and hoais. Cauerage shall be written an a di�'ec# primary
basis. ,
5.4 CARAGEK�EP�R`S �[ABlLIiY
$30,000 per unit
5.5 Worker`s CompensationlAccident Insurance
Caverage shail meet the minimum requiremer�ts of state faw as con-
tained in tt�e Motor Carr�er Rules anci Regulations.
5.6 Current insurance certificat�s shall remain an file with fE�e City during the
term ofi this Contract. Insurance coverages may, ai the sole discretion of ihe City,
be revised upward u�on thirty (30) days prior written notice to Company. Policies
shall be endorsed as fallows:
� to �rovide the City with a m�nimum of fhitty (30} days notice of
canceliatian, non-payment of premium, or non-renewal; �
• io cover the City as an additional insured on liab3lity insuranc� policies,
except for emp[oyer's liability; and
� to include a wai�er o€ subrvgatian in fa�or of ti�e City.
5:7 In #he e�ent a state or federal faw, rule or regufafion pertaining to wrecfcer
serrrice campanies operating within the Siate of Texas exceed insurance
requirements speci#ied h�rein, such stat� or federa! law, ru[e or regulation shalC
prevail for the respective type of insuranc� coverage and/or limif thereof.
6.
DUTIES AND RESPONSlBILiTIES OF C4MPANY
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Gompany, during tYre ierm af this contract, shai! perform the f�ilowing duties
and have the follawing respansibifities:
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a) Maintain as its primary b�siness the tawing af vehieles or trailers L�y wreckers
meeting the req�irements of paragraphs 4(a} and 4(�) above. "Primary
b�siness" shall mean t�at Company receives mare thart #ifty per�cent (50°/Q) af
it gross revet�ues from the towing of vehicles and traiiers. Afl af campany's
records shall be open to reasonable inspe�t�on, both at the time of executron of
_ ti�is agreement and .at any tim� durir�g the term hereaf, to �erify. compfiance
with this candit�on.
b} Maintain a curr�ntly licensed �ehicle storage facility located within the corporate
limits af the City. "Vehic[e storage facility" shall mean a facility operateci by a
person licensed under Article 6687-9a, Re�ised Stat�utes.
c) Maintain business op�ration twenty-faUr (24} hours a ciay, seven days per
weelt.
d) Respond to afl.calls contemP�ater� by this contrac# w�thin thirty (3D� minutes of
�otificatian, except in ex�raordinary situations where delay is ca�sed by ice,
snow or other w�ather rela�eci condit�ar�s, fn the event Compar�y faiis to
respand as required, City may notify another wrecker compar�y and Company
shall not be entitl�d to tt�e compensation to which it would have been entitled
nad it arrived tim�ly.
e) Notify the City of any change of ownership, president or chief �xec�iive vfficer,
or change of address within five (5) business days af any such chan�e.
f) Deli�er the motor vei�icle being #owed #o tt�e location within the carporate fimits
af Gity designat�d by tt�e police vfficer at the scene of the pull: Delivery sha11
be made withaut delay o� detvur,
g} Fully cooperate with any investigation conducted by the City regardir�g
complaints against Company, whether or nai such compiaints arise aut af
servic�s contempiated by this Contract.
h) Shall nat becorne deiinquent in the payment of any taxes due ta City.
i) Shall not go to any accicient scene un�ess the Company has been cafled to the
scene by the owner or aperator of a vehicle or an autharized representative of
same, or by the City.
b
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� j} 5hali no# solicit any wrecker business within the co�'porate �imits of City at ihe
scer�e of a wrec�ed or disab[ed �ehicle, regar�less of whether the solicitation is
for the purpose of soiicitir�g the business of towirig, repairing, wrecking, storing,
trading, o� purchasing t1�e vehicle.
k) ShaE� only emp�oy �rivers of tow trucks authorized to operate same.
I) Pra�ide the Pofice Pound personnel with an invoice at the time the vel�icle is
delivered to the Auto Pound tagether with t�e signed wrecker selection form to
be prov�de�.
7.
TERMINATION AND SlJSPENSIQN
A. This con#ract may be terminated or suspencied by City for any of the
foflowing causes:
�. VEolation of any �erm and/or candition specified in this contrac#.
2, Failure io noiify #h� Gomm�nications Di�ision af the Poiice Department
within fifteen (� 5j minutes from the time of notification if the Company
will be unable to respond within the thirty (30) minutes .a[lofted for a
response to a cal[ for wr�cker service.
3. Permi�ting a tow truck to he operated by anyone wE�iEe under the
influence of a�cohol and/ar drugs.
4. Permitting a tow fruck to be operated by anyone whose operator's
license is suspended:
5. Transferring or assigning any call for service to any other campany
6. Any sustained complair�t of theft by personnel of Company whi[� acting
in their capaci#y as employees of Campany, whether occ�arring during a
police pull or oti�erwise.
7. Any sustair�ed complaint of threats made by personnel of t�e Company
w�ile acting in th�ir capacity as employees ofi Com�any ma�e against
third parties d�ring a palice pull or otherwise.
8. Faifing ta comply with all directEons of police personnel at the scene of a
�o[ice Pull or civilian �mployee at the Police Pound. Com�any may
request a police suparvisor io validate any such direction given.
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9. Five (5) passes within a thirty (30) day period. Pass in this paragraph
shal! mean Com�any failing fo notify the City of its inabiiity to respond to
a request for service as requit'ed by paragraph 2 abov�e.
10.Ten (10) passes within a thirty (30} day period. Pass in this paragraph
shall mean a Company notitying the City of its inability to respflnd #o a
request for ser�ice as reqUired fay paragraph 2 above.
11. Vialafian of any rule or regUlatian conta�ned in Exhibit "A" attacheci
hereto.
�t2. Fai[ure to comply with any state ar federal law or city ordinance related
to the operatian of a wreck�r company. �7
B. City sha11 notify Campany in� writing of iis intent to terminate or suspend for
cause twenty (2D} days prior ta such 5uspension or termination. Company shall
have the right to reques# a hearing befor� ihe Chief of Po[ice or his designee
regarding �h� iriient to terminate or suspend for cause by requesting a hearing in
writing with'in five (5) business days after receipt of notice of intent to terminate or
suspend. A hearing shaEl be conduc#ed wit�in fifteen (15) days of the request for
hearing. The City, in its sole discretion, may temporariiy suspen� this contract
during a�y appeals pracess.
C. In the evenf this contract is suspen�ed fiar cause, t�e suspensian shail be
for a periad of tim� of not less than six (6) manths nor more than twelve (� 2)
months,
D. !n tf�e event City suspends or terminates this cor�tract for cause, and the
cause �or such suspensian or terminatian is determined to be in�afid, Company's
so[e remedy shall be reinstatement of this contract. C�mpany expressly wai�es
any anc� all rights to monetary damages, including but r�ot fimited to actual and
punitive damages, caurt costs and attomey's fees.
8.
INDEMNlF{CATfON
Vllith regar� to any liability which might aris� hereunder, City and Custnmer
agr�e that they shall be solely and exclusively liable for the negligence ofi its own
agents, servants, subcor�tractors ar�c� employees and tF�at neither party shall look
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- � to the ot�er party ta save o� holc� it harmfess fort he consequences of any
negfigence on the part of one of its owr� agent, setvani, s�bcontractor or
employee. Noihing contained herein shall be constru�d to be a waiver by City of
a�y right of pro#ectian which it enjoys under applicable 5tate or Federal law.
' 9.
ASSIGNMENT
Company shall nat ass�gn, iransfer or �sublet this Contract or any poriion
hereof io any �arty without t�e prior written cnnsent of C�ty which shall not be
unreasonably wit��eld. . Any such assignment, transfer or sub�etting at this
Contract withou# the consent o� the City shal! be �oj�l and shall opera#e as a
terminatior� hereof. �
10.
ZONES AND ROTATION LIST
A. City sY�all divide the ciiy inta four (�) zones which shall correspond to the
four (4) patrol di�isians, Company shall be assigned ta the zone or an adjace�t
zone in which it maintai�s its principal place of �usiness.
B. City shalf create a rotation [ist within each af the faur (4) zones that will
dic#ate the order in wf�ich wrecker compar�ies are contacted.
C. CEty may request Company to conduct a poCice pufl within any zone, ar�d
Company agrees to �se its best effot�s to arrive at the scene of the police tow
within fhirty (30) minutes.
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ENDEPEND�NT CONTRACTOR
!t 15 understaad and agreed by th� pariies hereto that Company shall
perfarrn alI work and services hereunder as an independent contractor, and not as
an nfficer, agEnt, servant or employee of the City. Company shail have exclusiv�
control of and the exciusive rig�t to cantral the details of the work or ser�ice to b�
perFormed hereunder, and all persans p�rformin� same on behalf of Company,
and shall be solely responsible for the acts and omissions nf its o#�icers, agents,
servants, emplayees, contrac#ors, suE�cantractors, licensees and in�itees. The
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C�OC�1111� af respondent superior shall no� apply as Uetween the City and
Company, its offic�rs, agents, servants, employees, contractors and
sul�contractiors, and nothing hereii� shall be construed as c�eatxng a pa�aership
or j oint venture vetween the parties hereto.
In wit�less wl�ereof, ihe par�i�s h�reto have executed this Contract on
the I�jh day of Jul,�, 2002_.
AT'�EST: �
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Cx10T1� P�S011, City Secretazy
APPROVED AS TO FORI�
AND GALI Y
Assistant City Ationley
CITY F FOR WORTH
B
ibby V�a�so�a
Assistant City Manager
Apache Towin�
Transport, InC.
ATT�5T:
Corporate Secretary
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Contraat Authoriza'�ion
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(Coinpai�y N'ailie)
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By: .
Sandra Garcia, President
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AU�O POUND
The follawing rules and regulati.ons w�.�1 be fol.l.owed 6y a11 wrecker companies
upon arriva� at the auto pound.
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1. The gare wil�. not be blocked by wreckers waiting to enter or exie
the pound. • '
2. No more than two�(2) wrecicers shall be authorized in the front area,
tor inventory purposes, at any one �ime.
3. No wrecker sha11 enCer the pound with �uare than one (J.) person/opera-
tor, unless authorized �y �he on dut.y shift supervisor. This w�.I�. be
don� on a case by case bas�s.
4. For safety reasons, a car carriez shall be xequi.•xed ro off load their
cargo when possib],e. This sha�1 be determined'by the on duty super-
visor. �
5. Inventorzes shoul.d be handled in an expeditious manner when possi.ble:
However, po�nd personnel are required to do a complete and precise
i.nventory of all propertp and vehic].es. A�specific time frame would
be impossi.ble to institute.
6. Wrecker drivers shall not be a1.�l.owed to drive up�and down the rows,
l.00king for vehicles Co repasses for compani.es said wreckers represenr.
7. The use nf car carriers, do�J.ies, extra time, e.xtra equipment, etc.,
shali be subject to appzoval by the Wrecker adrainistrator or Pound sup--
ervisor. -
S. Wrec�Cer operators/owreers shall� be required to follow any dzrections or '
instructions given by auto paund personnel.
9. Vio�ations of any af rhe above xules shall. be subject to review by the
Wrecker administraear.
Disciplinary action may be det�rm�ned by the pound supervisor or a higher
command Ievel.
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