HomeMy WebLinkAboutContract 27855�aITY SE����A�Y ���-
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CONTRACT F�R TOW TRUCI� SEAVICE
(TANDEM AXLE}
WHEREAS, the City of Fort Worth occa�ion�.11y rec�uires the service o�
tow trucics; and
WHEREAS, such tow trucic services are necessary to protect the safety
of the citizens of the City af Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City o� Fort Worth, hereinafter referred to as "City", acting her�in
by and through Libby Watson, its duly authorized Assistant City Manager,
and Apache Towin� & T�ansport, Inc. , hereiilafter referred to as
"Con7pany", acting het�ein vy and through Sandra G�rcia , its duly
authoi-ized president, agree as �ollows:
1.
SERV�CES
City hereby contracts wiih Company to provid� polic� pull iowing
service. As used hereill, "police pull" shall mean that the Fort Wortla Police
Department has called Coinpany from the rotaiion list to either remove a
wreciced or disabled �ehicle or to remove a vehicle in a safe driving condition,
but ihe owner is not present, able or perznitted to drive or to malce
authorizations.
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The tenn of �his contract shall be for a period of twelve (12) months
from the daie of its executioi�, with �our options to renew for terms of one year
each, at the City's sole discretion, unless earlier ternunated as hereinafier
provided. Renewal shall occur upon City including in its budget for the
options years sufficient fund� io pay for its oblrgations hereunder and
Company providing proof of insurance to City.
3.
COMPENSATION
l. Cornpensation. As compen�ation for providing the services
contemplated by �his Con�ract, City agrees to pay Company as follov�s:
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a) �'owaqe. A charg� of or�e hundred twenty-five dollars ($125A0) per hour for
� towing s�ch vefi�icle from one paEnt on a street to anather location within the
corporate I�mits af the cEty as directed by the �olice deparkment a# tt�e place
where the tow vriginated. The minimum charge shail be for one hour; aft�r
the first �our, time shall be bilfed far in increments of fifteen (15) mir�utes.
b} Second tandem axle tow truck. �n the event #he polic�: , afificer at the
scene determines that a second ta�dem axle tow truck is required, a char�e
of o�e C�undred twenty-#ive dallars ($125.00) per hour biiled in �ncrements of
�ifteen (15} minut�s while at the scene of the police pu11, with a minimum
charge for one hour. Travel t�me is exciuded. ;�
c} Reimbursabfes. [n ihe event Company is required to rent equipment. or other
materials s}aeci#icaliy refat�d to a�ofice puil as directed in writing by a�olice
supervisor at the sce�e, Company shal! b� reimbursed the actual cos�
incurred plus fifteen percent (15%}. Charges ur�der this subparagraph are
s�bJect #o the review and appro�al of a police supervisor.
d} Extra help. An additional charge of twenty dolEars ($2D.00} per man per
hour, with a minimum charge of four (4j hours, when aufhorized in writing by
a pofice supervisor at the scene of the poiice p�ll.
e} Air cushions. �
1.) R�;gular cushions - A�harge of one hundred-�ifty dollars ($150.0(})
per Y�our per cushion, with a minimum charge af one hour. After the first
hour hillit�g sF�all be in increments ofi fifteer� {�5) mrnutes.
2.} Tanker cushians - A charge of four fi�uncfred dallars ($400.04) per
haur per cusl�ion. After the first hour billing shail be in increments of fi�teen
(15) min�tes. � _
3.} Prior approval by a police supervisor a# the scer�e of a pofice pull is
required fiar the use of air cushions.
f) Har�dlinq hazardous materials. W�en the cargo of any motor vehicle or
trailer includes explosive, r�ucfear, radiaactive, hazardaus or corrosive
materials, as defiried k�y th� Environm�ntal Protection Ager�cy, Texas
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Depar�met�t of Transpor�atian, or the Texas Natural Resource Conservatior� �
Commission, a fee equal to o�e F�uncEred-fifty (150) percen# ofi the charges
incurred under subparagraph "a" ai�ove.
g) Tractor, hVdraulic tilttail, lawbov, other specialized equipment. A charge of
one hundreci twenty five cial[ars !$�25.00) per hour, billec[ �n increments of
fifteen (15} min�#es, as aut�orized in writ'tng by a.police sup�rvisor at the
scene of the police puil. The palice supervisor shal! sign the wrecker selection
form.
h) Nothir�g contained herein shall be cor�strued so as to obligat� City to expend
any sums of money except fior services actually r�ndered. F�rther, nothing
car�tained her�in shall be canstrued so as to guarantee to Campany that City
will cor�tact Company for any tawir�g servic�s contemplat�d by this Contract.
2. Invaicina anc� Pavment. Company shall lnvaice City once per manfh.
Company sha[I include with th� invoice such �ocuments as may be reasonably
requested ta provide evidence of ti�e servi�es �ro�icied to the City, which at a
minimum shall inciude copi�s of tne wrecker selectian fo�'m signed by the afficer
at the scene of the �olice pu11 andlor personnel at the Fo�t Worth Auio Pound.
Su�h invoice shall be subject to the review ar�d a�proval of apprapriate City
personneL City s�all remit payment to Campany not more than thirty (30� days
foElowin� appraval of invoice.
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VEHICLE AND EQUIPMENT REQUIREMENTS
Company shali maintain at al[ times the fflllowing vehic{es and equipment
�n working candition:
a) A minimUm of one (1) tandem axfe �hsa�ry dutyj wrecker rated at not less
than 26,000 grass vehicl� weight, ec�uipped with a power winch and wincl�
lines with a boom rateci at not less than 5�,000 pound fift capacity.
b) At a minimum, a11 wr�ckers shall be equip�ed with the fallowing equipment,
which af ail times shall be mainta�ned in working order:
1) Tow bar
2) Towing lights
3
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3)
�)
5}
6)
7)
8)
9)
1 p)
11�
12)
Emerger�cy overheaci warr�ing [ights (red ar am�er colar anlyj
Safety chain
Fire extinguish�r, A.B.C. ty�e
Wrecking bar
Broam
Ax
Shavel
Reflectors or traffic cones
Trash container
Two way voice or com�auter eommunicati�in between #ow trucic and
Campany dispatcher
� 3} Ba�king warning signal
14j Whee! chocks
� 5) Traffic cones
c) Each taw truck shail ha�e permanen#{y inscribed on each sicie of the vehicte,
in [etters ofi not less than three (3) inches in hekght, the name, ad�ress and
telephone number of the Gompany. Magnetic or other forms of removable signs
are prohibited.
d) Each tow iruck and the requ9red equ�pment s�all be insPected by the Chief of
Po{ice or his aut�arized designee prior #o being used for seruices cantemplated
by this contract. In addition,� each tow truck and the required equipment st�al{ 6e
subject to interr�itt�nt ins}�ectior� to assure aamplianc� with this contract.
5.
INSIJF�ANCE REQUIREMENTS
$1,000,000 each occ�rrer�ce
$1,QOD,000 aggregate
ar
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Campany shall mair�tain insurance fram insurers acceptable to City in t�e
following types and amounts:
5.1 Commercia� General �iability
Garage �iabifity
$1,000,000 each accident, oth�rthan auta
$�,Oa0,000 aggregate
5.2 AUtomabi�e Liability
$�,000,000 eacl� accident, combined sEngle limit
This coverage shal[ include all vehicles owned or r�on-owned that
are operating und�r Company's aperat�ng authority.
5.3 Cargol0n-Hook
,�
$5a,000 per �nit '�
Coverage shall include both th� unit being tawed and its contents.
Units co�ered shall include but not be iimited io mator vehicles,
trailers anc� boais. Coverage sha11 be written on a direet primary
basis.
5.4 GARp►GEfrt��P�R'S LIABI�IiY
$50,000 per unit
5.5 Worker's CompensationlAccideni lnsurance
Coverage shalf ineei the minimum requirem�nts of state law as can-
tained in t�e Motor Carrier Rules and Regulations.
5.S Current insurance certificates shalf remain on file with the City during the
term of this Contract. Insurance coverages rnay, at the sale discretion of the City,
E�e revised upward upon thirty (30} days prior written notice to Company. Policies
shall be endorsed as fal[ows:
� to prflvide the City with a minimum of thirty (30) days notice af
cancelfation, non-paym�nt of premium, ar non-ren�wal;
o to caver th� City as an additional insured or� liability insurance policies,
except for employer's liability; and
• to . include a waiver ofi subrogation in favor of the City.
�
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5.7 in the eveni a state or federal faw, rule or regulation pertaining to wrecicer
service companies operat�ng within the State of Texas exceed insuranc�
requirements speci�ied herein, such state or federal [aw, rule or regulation shall
prevail for the respect�ve type of insurance coverage and/or limit thereof.
6.
DUTiES AND RESPONSIBILITIES OF COMPANY,
Cam�any, during the term af tt�is contract, sha�l �erform th� fallowing d�ties
and have, the followir�g respons_ibilEties:
a} Maintair� as its primary b�siness the taw�ng �f �ehicles ar t�aifers by
wreckers meeting the requirements of paragraphs 4(a} and 4(b) abo�e.
"Primary business" shall mean that Com�ar�y receives more than fifty per-
cent (5fl%) of it gross reven�es from the towing of vehicles and trail�rs. All
af company's recards sha11 be op�n to reasanable inspection, bath at th�
fime of execution of this agreeme�t and at any time during #he #erm hereaf,
ta ver�fy compliance with this condition.
b) Maintain a currently licensed vehicle storage facility located witfi�in the
corporate limits of the City. "Vehicle storage facility" shail mean a facility
opera#ed by a person iicens�d under Ar�ic[e 6687-9a, Revised 5tatu#es.
c) Maintain bi�sir�ess operation twenty-faur (24) hours a day, seven days per
week.
d) Respo�d to aE! calls contemplated by this contract within farty-five (�i5)
minutes of natification, except in exfraordir�ary s�tuations where delay is
caused by ice, snov�r or ather wea#h�r re[ated condi#ions. kn the ev�nt
Compar�y faifs ta respond as required, City may notify another wrecker
company and Gompany snall not b� entitled to the compensation to which it
woukd hav� been en#itled nad it arrived timely.
e} Natify the City of any change nf ownership, president or chief executi�e
officer, ar change of address within five (5) business �ays of any suc�
change.
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f) De�iver the motor vehicle beir�g towed to tn� lacation within the corpora�e
limi�s of City designa#ed by the police officer at the scene of the pull.
Deli�ery shall be made withaut delay or deta�r.
g) Fully coope�rate with any inv�s#igation canducted by the City regarding
camp�aints against Company, wt�ether or no# sueh compla�nts arise out of
services cantempfatEd by this Contract.
h) Shall not becc�me delinq+�ent in the �ayment of any taxes due to City.
i} Shall not go tc� any accident scene unfess the Company has been called to
the sce�e E�y the awner ar operator of a veh+cle or an au#horized
representative of same, or by tf�e C�ty. ;x
h) Shal[ riat solicit any wrec�er busir�ess within the ca�ora#� I�mits of City at
the scene of a wrecked or disabfed vehicle, regardfess of whet�er tt�e
salicitatEon is for the �urpose af sal�citing tf�e busir�ess af tawing, r�pairing,
wrecking, storing, trading, or purchas�ng the vehicle.
i) SnaEl only emplay drivers of tnw trucks authorized ia operate same.
j) Prov�de Police Auto Pound personnel with an invoice at the time the towed
vehicl� is c{eliverad to the Pound ta�ether with a signed wrecker selectian
form pravided by the police officer or supervisor at tne scene of the police
puil.
7.
TERMfNA7{aN OR SUSPENSt01�
A. This contract may be #erminated or s�spended L�y City for any of the
fallowing causes:
i. Vialatian of any term andlor conditio� spe�ified in this contract. �
2. Failure to notify the CammunEcatians Division of the Palice Department within
fi#teen (15) minutes fram the time of notificatian if the Company wiil be unable
to respond within th� torty-five {45) minutes allotted for � a resPonse to a
wrecker ea11.
3. Permitting a tow truck ta be operated by anyone while und�r the influence of
alcoho{ and/or drugs.
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- 4. Permitting a tow truck to be operated b�r anyone whose op�rata�'s license is
suspended.
5. Transferring or ass�gning any cail for s�rvice to any oth�r company
6. Any sustained complaint of theft by personnel of Campany while actEng in
tF�e�r capacity as em�loyees af Company, whether occurri�g during a pofice
pu1! or flth�rwise.
7. Ar�y sustained compfaint af #hreats made by personnel of the Com�any
wh�ie acting in their capacity as empfoyees of Campany made against thir�
parties duri�g a police �ull or oiherwise.
8. Fa�Iin� #o comply with all directions ofi palice p�'�so�nel at the scene of a
police Pull ar civilian or police personnel a� ti�e Police Auto Pound. Company
may request a�aolice su�ervisor ta vaiidate any such direction giv�n.
9.. FaiEure to comply with any state or f�deral iaw or. city ordinance related to the
operation of a wrecker cam�any.
1 n. Fi�e (5) passes within a tF�irty {30) day period. Pass in this paragraph shall
mean Company failing to natify the City of i#s inabilifiy to r�spond ta a request
for service as required by paragraph 2 aba��.
11. Ten {ip) passes within a thirty (3Q) day period. Pass in this paragraph shali
mean a Company notifying tF�e City of its inability to respond to a request far
service as required by paragraph 2 abave.
12. Violatian of any rufe or regulation contained in Exhibit "A° attached hareto.
B. C�ty shall noti_fy Company in writing ot its intent to terminate or suspend for
cause twenty (20) days prior to such suspension or termination. Company sha![
have the right -to requ�st a�earing before the Chief of Police or �his desigr�ee
r�garding th� intent ta termir�ate or susp�nd fQr caus� by requesting a hearing in
writing within five {5} business days after receipt of no#ice of intent ta ter�inate or
suspend. A hearing shafi be conducted within fifteen {15) days of the request for
hearing. The City, in its sofe discretian, may temporariiy suspend this contract
during any a�pea[s process,
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C. In the event this cor�trac# is suspended for cause, the susp�nsion shall be
for a periocf of time oi nat less than six (6} months nor more fhan twelve (12}
months.
D. In the event:City suspends ar term�nates this cvntract for cause, and the
cause for such suspension or #ermination is determined to be invalid, Corn�any's
sole r�medy shall E�e reinstatem�nt ofi tl�is contract. Company expressly wai�es
any and ali rig�is to monetary damages, including but nat limited to actual and
punitive damages, cour� cas#s and attorney's fees.
S.
INDEMNl�1CATI�N ;_
Wit� regard to any liability wtiich might arise hereunder, City and Campany
agree that they shall be solely and exclusiv�ly �iaE�le for the t�egligence af its own
a�ents, servants, subcontractars and employees anc� that neither party shall laok
to the other party to save or hold it harmless fort he cor�seqUences nf any
negligenc� on the part of one of its own age�t, servant, subcontraetor or
employee. Natning co�tained herein sha�l be cor�strued �o be a wa�ver �y City of
any rigi�t ofi prntectian which it enjays under applicable State or Federa! law.
9.
ASSIGNMENT
Company shall not ass�gn, trans#er or suf�let this Contract or any portion
hereof to any party without the prior writt�n consent of City which shali nat be
unreasor�ably. Any such assignment, transfer or subi�tt�ng of tnis Contrac# shall
f�e uoid and shall operate as a terminafiion hereof.
1fl.
INDEPENDENT C�NTRACTOR
It is ur�derstood and agreed by the par�ies her�;to that Company shall
perform a11 work an� services hereunder as an ir�dependent cantractor, and nat as
an of�icer, a�ent, servant or employe� of the City. Company sha11 have exclusive
cor�trol of and the exclusive right to cantral the details o# the wark or service to be
performed hereunder, and all persons p��farmi�g same on behalf of Company,
and sf�alk be solely responsible for the acts an� omissions of its officers, agents,
G�
servants, enlploy�es, contractors, subcon�ractors,licensees, and inviiees. The
doctrine of respolldent superior shall not apply as between the City and
Company, its officers, agcnts, servants, employees, contractors and
subcontractors, and nothing herein shall be constru�d as crcating a partnershi�
or jaint venture between t1z� parties hereto.
In witness whereof, the parties hereto have executed this Confiraci or7
the 15��h � day of 7Lilv , 2002_. �
AT�ST: . -
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► �
;
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Gloria P rson, �'ity Secreta�y
APPROVED AS TO FORM
AND LEGALITY
�
Assistant ify Attorney
i
CITY F FOR ORTH
B:
iUby �atson
Assistant City Mallager
Apache Towin� &. Transpart,
Inc.
(Coinpany Nan1e)
ATTEST:
Corpora�e Secretary
<
By:
Sandxa Garcia, President
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The Fol].owing rules and regu�.ations w�ll be followed by al]. wrecker companies
upon arrival at the auto pound.
1. Tha gate will not be blocked by wreckers waiting to enter ar exit
Che paund. �
2. i�o mare thaa two (2) wreckers sha].I� be.a�ehorized in the front area,
for inventory puzposes, at any one time.
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3. No wicecker shal� enter the �ound with wore than one (1) person/opera-
�or, nnless authorized hy the�on duty shift �upervi.sar. This wi11 be
done on a case by cas�"bases. •
4. For safety reasons, a car carrier shall be re�ui-xed to o€€ �.oad the�.r
cargo when possible. This shal.]. be determined 'by the on duty super-
v3sor.
5. Inventories shouid be hand�.ed in an expedi.tious manner when possible:•
�iawever, pound personnel are required to do a complete and grecise
inventory of a1� property and vehicl.es. A�sp-ecific ti.me �rame would
be impassible �o institute.
6. Wx�cker drivers.shail not be al.lowed co-drive up and down the rows,.
look�.ng �or vehicles tp �eposses �or companies said wreckers reQresenr.
7. The use of ca� carrLers, dollies, extra t�me, extra equipment, etc.,
shall be subject ko approval by the Wrecker administrator or Pound sup--
ervisor. '
$. Wrecker operators/owners shall be required to �allow any directions or
ins�ruetions given by auto pound personnel.
9. Violations af any af the above ru�es shaJ.I be sub�ect to review by the
Wrecker admi.n�strator.
Disciplinary action may be deCermined by t�ee pound supervisor or a tiigher
cornmand level.