HomeMy WebLinkAboutContract 27412m
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CONTRACT FOR TOW TRUCK SERVICE
{STANDARD SERVICE)
WHEREAS, the City of Fort Worth occasionally rec�Lures tl-�e service of
tow h ucl�s; and
WHEREAS, such �o� t�uck sei-vices are necessary io protect the safe�y
of tl�e citizens of the City of Foi�t Woi th,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
T11e City of rort Worth, hereiisaftex � eferz ecl to as "Ciiy", acting l�erein
Uy and through Libby W�tson, its duly authorized Assistant City Manager,
�ld Fort Worih Towin,� & Recovery, tllereinafter referred to as
"Company", acting hereil� by and through Miclzael Yates , iis duly
autllorized �Owner, agree as follows:
1.
SERVICES
City hereby cont�acts with Company to provide police pull towiilg
service. As used hereu�, "police pu11" sh�ll mean that the Fort Wortll Police
Department has called Company fioin the rota�ion list io either remove a
wreciced or disabled v�llicle or to remove a velucle in a safe driving conditiol�,
but the owner is noi p��esent, able or pernutted to drive or to malce
authorizations.
2.
TERM
The term of this caniract shall be for a pei-iod of tw�Ive {12) months
from the date of its execution, with four options �o renew for ten'ns of one ye�r
each, unless earlier terminated as hereinafter provided. Rel�ewal sha11 occLu
upol� City i�aeluding in its budget %r the options years sufficient fiinds to pay
for its obligations her�ullder �nd Com�a�1� providing proof of insL�ral�ce io
City.
3.
COMPENSATION
1. Colzlpensation. AS com�ensation for px'ovidin�; the services
colltemplated by �l�is Contract, City agrees to pay Coinpany as follows:
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a) Towaqe. A charge of sixty-fi�e dollars ($65.DOj for towing such vehicle from
one point on a street to another location within the corporate limits of tt�e city
as directed by the �olice department at the place where the tow originated;
such charge in�fudes ane hour of exira work. �
b) Seconci tow truck. � In the even# the police officer at the scene determines
tttat a secflnd taw iruc� is required, a charge of fifty dollars ($50.00) per ha�r�
wit� a minimum charge of on� hour, bikled in increments ofi fifteen (15)
mEnut�s while at th� scene of the police pu{1. Th� use� of a second tow truck
s�all be approwed by a polic� supervisor. Trav�! time is excluded.
c) Extra wark. An addit�ona! charg� of fifty dollars {$50.�0) per hour, witi� a
minimum charge of or�e hour, charged in increments of fifteen (15) minutes,
� fior r�mo�ing vehicles which are aff the str�et right-of-way, sucM charge to be
made from the.time the nperatar begins #o remove #he �ehicle unt�1 it is on the
traveled partion af the street. Even thaugh the r�ehicle is within the stre�t
right-of-way, an additional charge may be made if tf�e vehicle is located in
some unusual condition within the rigf�t-of-way, such as, but nc�t limited io, a
river ar a creek bed or a ditch of greater depth than the ordinary bar ditch.
Extra wark shall only be allowed whe� autharized by a police afficer ai the
scene of t�e pulL The charges for such extra work shal! b� reviewed and
approved by the Auta Pound Wrecker Administrator. Extra worlc exclud�s
travel time, waiting time and clean-up time.
dJ Use of a doflv. No aciditivrial fee shall be charged fior the use of a dolly.
e) Handlinq hazardous mat�rials. When the carga of any motor vehicle or
trailer includes ex�losi�e, nuclear, radiaactive, hazardous or corrosirre
materials, as defined by the Env�ronmenta{ Prot�ction Agency, Texas
Departmeni of TransPortatia�, or fihe Texas Natural Resouree Conservat�on
Comrr�ission, a fee e�ual to one hundred-#ifty {15Q} per�ent ofi the charg�s
wh�ch may be assessed purs�ant to su�paragraph "a" above. in addEtio�, a
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charge may be made for expenses incur�ed related ta protective clothing and
any other su�plies or equipment used in handling such materials, such
charge beir�g equal to the act�a! amounts incurred plus fifteen (i 5} percer�t.
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#} Nothing cont�ined h�rein shall be cons#rued so as to obligate City to expr�nd
any sums of mon�y. Further, nothing contained herein shall he co�strued so
as to guarante� to Company that City will contact Company far any towing
services contemplateci by #i�is Confrac#.
2. Invoicinq and Pavment. Company shall Invaice City once per month.
Company shal! incEude,with the in�oice such dacuments as may,�e reasonably
requested to provide evidence ofi th� services pravi�ed to the City, which at a
m9nimum shall inc(ude copies of the wrecker selection form signed by the afficer
at the scene of the poli�e pul! and/�r personnel at the Fort Worth Auto Pourid.
Such i�vaice shall be subject ta the rev�ew and ap,�ro�al af appropriate City
personnel. Ci#y shail remit payment #o Com�any not more than thirty (30} days
foElowing appra�al of invoice.
4.
VENiCLE AND EQUIPMENT REQUIREMENTS
Company sha11 mainta�n at afl times #F�e following �ehicles and equ�pment
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in working condition:
a) A minimum af two (2} wreckers, one of which shall be not less fhan 14,�a0
pounds gross vehicle weight and one of which sha11 be not I�ss than 10,000
pounds gross �ehicle weight, dual rear whee{s, equipped with a hydraulic
opera�ed winch, winch lines, a�d a baom rated at not I�ss than 8,040 pound
lift capacity and a wheel lift device rated at not less than 2,500 pounds.
b) At a minimum, a11 w�ecKers shal{ be equipped with the following equi�mer�t,
which at all times shafl �e ma�ntained in workir�g order:
#)
2}
3)
4}
5)
6)
7}
Tow bar
Tawing lights
Emergency o�erhead warning iights (red or amber color only)
Safety chain
�ire extinguisher, A.B.G. Type
Wrecking �ar
Braam
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9)
10}
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12)
Ax
Shovel
Reflectors or traff�c cones
Tra�h contain�r
Two way voice ar com�uter communication between tow truck
and Cor�pany dispatcher
1 �) 8acking warning signai
14) W�eelYchocks
c} Each #ow �ruck shall have permanantly inscr�bed on each side of ths vehicle,
in letters nf not I�ss t�ar� three (3} inches in heigl�$, fhe name, address and
telephone number of the company. Magne#ic or ather forms Q� removable signs
are prohibited.
d) Each tow truck and tY�e required equipment shall be inspected by the Chief vf
Police or his authorized designee prior ta foeing used for services cantemplat�d
by #his contract. In adc�ition, each tow truck a�d the requir�d equi�ment shalf be
subj�c# to int�rmittent ins�ec#ian to assure cvmpliance with this contract.
5.
INSURANCE REQUfREMENTS
Company shai! maintain insurance fram insurers acceptable to City of th�
followEng types and amounts:
5.1 Commercial General Liability
$500,000 �ach occurrence
$50Q,ODD aggregate
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5.2
or
Garage �.iability
$5�0,000 each accident, other than auto
$5Q0,000 aggrega#e
Automobi[� Liab9lify
$500,0�0 each accident, combined sing{� limit
This covera�e shali include a1l vehicfes owned or nan-owned that
are operating under Gompany's aperating authority.
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5,3 Cargo/�n�Hook
$3�,OOO.per unit
Gaverage shall incl�de both the unii beir�g #owed and its contents.
Ur�its �covered shall include but not be fimited to motor vehic(es,
trailers and boats. Coverage shall be written vn a direct primary
basis. ,
5.4 CARA��KEEP�Fi'S LI14�lLITY
$3�,00� per unit
5.5 Wor�ter`s CompensatiortlAcciden# lnsurance
Coverage shall meet the minimum requirerrments of state law as con-
tained in the M�tor Carrier Ru�es and Regulations.
5.6 Current insurance certificates shall remain on fife with the City durir�g the
term of #his Cantract. Insurance coverages may,� at the sole discretion of the City,
be revised upward upon thiriy (3D} days prior written notice to Company. Palicies
shal! be endorsed as foilows:
� to pro�ide the City with a minimum of thir�y (3Q} days notice ofi
canceliation, non-payment vf premium, or nan-renewal; •
� to cover the City as an addrtional insured ori liability ins�rance policies,
except for emplayer's liability; ar�d
� to include a waiver of subragatian in favor of the Gi�y.
5.7 In fihe event a state or federai law, r�ale or regulativn pertair�ir�g to wrecker
ser�ice campanies aperafing within the State af Texas exceed insurance
requirements spec9fied herein, such state or federa! law, rule or regulation shali
prevaEl for the respective ty�e of insurance coverage anr�lar limit thereof.
�.�
DUTfES AN� RESPONS{BILITlES L�F C(]MPANY
Company, during the term of this contract, shall perForm the following duties
, and have the foifowing respansifailities:
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a} Maintain as i#s primary business the towing of vehicles or trailers by wreckers
m�eiing the requirements af paragraphs 4(a} and 4(b} abave, "Primary
business" snail mean that Company receives more than f�fty per-cent �50%) of
it gross r�venues from the fawing of vehicles and trailers. All of company's
r�cords shall be o{�en to reasonable inspeetion, both at the time of execution of
this agreement and ,at ar�y time dur�ng the term hereof, to verify�. camPliance
wi#h this cor�dition. .
b) Maintain a currently licensed vehicle storage facility focated within the corporate
limits of ihe City. "Vehicle starage facility" shall mean a facility o}aerated by a
person licens�d undar Article 5687-9a, Revised Sfatutes.
c) Mair�tain business operation twenty-faur (24) hours a day, sev�n days per
week.
d) Respond ta al! calls contetnp{ated 6y this contract wit�in #hirty �34) mir�utes of
notification, except in extraordinary situatians where d�lay is caused !ay ice,
snow or o#her weather refateci cor�ditions. !n the eve�t Company fails to
respond as required, City may notify another wrecker campany and Campany
shall not be entitled to fhe compensation to which it would haue been entitlec4
F�ad it arri�eci time{y.
e) Notify the City of any� change o� awr�ersh�p, president or c�ief �xecutive officer,
ar change af address within fiv� (5) business days of any such char�ge.
f) Deli�er #h� motor vehic[e being towed #o the location within the corporate lirnits
of Ciiy designated by the polic� officer at the scene of the pull. Deliv�ry shall
be made wiihaut delay ar detaur.
g) F'ully coaperate with any in�estigation conducted by the City regarding
complaints aga�nst Company, whethe� or not such complaints arise out of
services contemplated by t1�is Contract.
h) Shall noi become delinquent in the payment of any taxas due io City.
i} Shalf not go to any accider�t sce�e unless the Company �as been callad to the
scen� by the owr�er or operator of a vehicle or an authari�ed represen#ative of
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same, or by the City.
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j} Shall not solicit any wrecker �usi�ess within the corpora#e limits of City a� the
scene of a wreckeci or disabled veh[cle, regardless of whether the solicitatEon is
for the purpose of soliciting the business of towing, repairing, wrecking, storing,
tra�ing, or purchasing the �ehicle.
k} Shall only employ �ri�ers of tow truc�Cs authorized to operafe same.
[} Provide the Police Pound personne� with an invoice at the time �he vehicle is
delivered to the Auto Pound together with the signed wrecker selection form #o
be provided. '
7.
TERMINATION AND SUSPENS�ON
A. This contract may be ierminated or suspended by City far any of the
following causes;
1. Violation ofi any ierm andlor condition s�ecified in this contract.
2. Failure to notify the Gflmmunicatians Di�ision of the Police De�artment
within fifteen (15} minutes from the time of notification if �the Company
will be unabf� #a respond within th� thirty (30} minutes �allotted for a
respons� to a call for wrecker service.
3. Permifting a tow tr�ck to be operated l�y anyone w�i[e unc�er the
influence of alcahol and/or drugs.
4. Permitting a tow truck to be operated by anyone whose opara#or`s
license is suspended:
5. Transferring or assigning any call for senrice to any other company
6. Any st�stained complaint ofi theft by persannel of Company while acting
in their capacity as employees of Company, whether occurring during a
police pull or oiherwise.
7. Any sustained complaini of ti�reats made by personne! of the Company
w�ile act�ng jn their capaci#y as emplaye�s of Company made against
third parties dur�ng a police pull or oth�rwise.
8. Failir�g to comply with al! directions of po[ice personnel at the scene of a
5
pafice p�ll or civilian employee at the Po[ice Pound. Company may
request a}�olice sup�Evfsor ta validate any such direction given.
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9. Five (5) passes within a thirty (30} day period. Pass in this paragraph
shail mean Campany failing to notify the City of its inabiiity to respond to
a request for service as_required by paragraph 2 abo�e.
i 0. Ten (� 0) passes within a thirty t30) day period. Pass in this paragraph
shall mean a Company notifying the City of its inability to respand #o a
request for service as required by paragraph 2 above.
i 1. Violation of any rule or regulaiion contained in Exhibit "'A" attached
her�to.
� 2. �aiiure to comply with any state or federa[ law or cify ordinance refated
ta the operation of a wrecker company. ,7
B. City shall notify Company in� writing of its intent to t�rminate or suspend for
cause twenty (2Q} ciays prior to such suspension or term�na#ion. Company shall
have the right #o request a hearing before the Chief of Pa{ice or his designee
regarding the intent to termina#e or suspend for cause by requ�sting a hearing in
writing wittiin five t5j �usiness days after receipt of notice of intent to termi�ate ar
susp�nd. A hearing shal[ be conducted wit�in fifteen {15) days of tt�e request for
hearing. The City, ir� its s�Ee � diseretion, may temporarily suspend this contraci
during any appeais pracess.
C. In the ev�nt thEs eontract is sus�ended #ar cause, t�te suspension shali be
for a period of time of �not less ihan six (6) months nor more than twelve (12}
months.
D. i� the event City suspends ar terminates thi� contract for cause, and the
' cause for such suspension or terminatian is ci�termin�d tc� be znvalid, Company's
sole remedy shall be reinstatement of this contract. Company expressly waives
any and all rights to monetary damages, includ�ng but not limited ta actual anci
punitive damages, courk casts and attomey's f�es.
8.
INDEMNIFICAT��N
, With regard ta any fiabifiiy which might arise hereund�r, City and Customer
agree that they shall be sol�ly and exclusiv�ly liable for the ne�ligenc� of its own
agents, servants, su6contractors anci em�loyees and that neither party shall Eaok
:
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#o the other party fo save or hold it �armless fork he consequ�nces o� ar�y
negligence on the part of one of i#s awn ageni, senran#, subcontractor or
employee. Nathing contained herein shail be canstrued �a be a waiver by City of
any right of �rotectian which it enjoys under ap�licable 5taie or Federal law.
' 9.
ASSIGNMENT
Company sf�all no# assigt�, transfer ar �sublet this Contraci or any por#ion
hereof to any party witnout the pria'r written consent of City which shall no# be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract withaut the consent of #he City shall be vo,i�i and shall aperate as a
termination hereof.
1(}.
ZON�S AND ROTATfON L.IST
A. City shall divide ti�e city into four �4) zones wh�ch shall eorres�and to the
four (4) patrol divisions. Campany sha[I be assigned to the zone or an ad}acet�t
zone �n which it maEntains its principa! place of bUs�ness,
B, City shall cr�ate a rotation list within each of the four �4} zones that will
dictate the order in which wrecfcer campanies are cantacted.
C. City may request Com�any to conduct a palic� pui! wit�in any zan�, and
Com�any agrees ta �se �its best efforts to arrive at the scene af the �ao[ice taw
within ihirty {3�) minutes.
�1.
lNDEPENDENT CONTRACTOR
It is understood and agreed by tne par�ies h�reio that Company shall
perform afl work and services hereunder as an independent contractor, and �ot as
ar� offic�r, agent, servant or emplayee of the City. Company shall have excl�sive
control af and the exclusiv� rigi�t to control t�e details of the work or service to be
perfot�'ned hereund�r, and all persons perforrning same an i�ehalf Qf Company,
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and sha11 be solely resPonsible for the acts and omissions of its officers, agents,
setvanis, employees, con#rac#ors, subcontractors, licensees and invitees. The
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doctrule of respondent sttperior sha11 not apply as between the Ci�y and
Company, its officers, agents, se�van�s, employees, cantractors and
subconiractors, and nothing herein shall be construed as creating a par�nership
or joint venture between th� parties hereto.
I�it�1 ss whe� of, theG�-ties hereto have exe�ed this Contract on
the da of � 9��_ , 20�
AT��ST: f � -�
, ��J� - .�3, :
.: � _
loria Pearso�r, City Secretary
CITY�ORT TH
`_'� 'f��
I � � �i- �-
i_ �'� L -
--�.�Uby �son
Assistant City Manager
APPROVED AS TO FORM
AND LEGA ITY
Assistant City Attorney
ATTEST:
CarpaY-ate Secretary
, �� �-j I
Con�ra�ct 14u�1�A�i����O�
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DBte
Fort Warth Towin� &
Recovery
(Company Name)
r
By:_�
Michael Yates, Owner
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4 . �
e
�XHIBTT A
AUTO 1'OUND
The fo3.l.owing ru7.es and �egu7.atiox�.s wilJ. t�e followed by a11 wrecker companies
upon arrival at the auto pound.
;
l. T�e gate wi11. not be blociced by wreckers waiting to enter or exit
rhe pound. - �
Z. No more than rwo�(2) wreckers shall be au�horized in Ctte �ront area,
far i.nventory purposes, ae any one t�m�.
3. No rarecker sha11 enter the pound wieh more �han one (1) person/opera-
tar, unless authorized by the on duty sh�ft superva.sor, xhis w�1.1 be
done on a case by case basea.
4. For safety reasons, a car carxier shall be requi•red to off 1.oad their
cargo when possible. This shall be determined�by�the on duty super-
visor.
5. Inventories shou�d be Y►andled in an exgedi.tious manner when possible.
$owever, paund persor�nel are requ�red to do a complete and precise
. �.nvenrary o� all property and �eh�cles. A specific time frame would
be impossible ta insCirute.
6. Wrecker drivers slza7.� not be aTl.owed to �drive up and down the ra+c�s,
laoking for vehicles to reposses far companies said wrecicers represent.
7. xhe use of car carriers, dollies, extra Cime, exrra equ�pment, etc.,
shall be subject to approval by the Wrecker administrator or Paund sup--
ervisor.
8. Wrecker operators/awners shall he required Co follow any directions or
instructians gi.ven by auto pound personnel.
9. Violations of any of the above ru].es shal� be subject to review i�y the
W'recker adminisrraror.
Di.sci.pl3.nazy aet:Con �nay be deterrnined by the �ound supervisor or a highex
command level.
u
Ci�y of'.�ort �orih, T`eacas
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DA7� REFERENCE Nl3MB�R I�OG NAM� PAGE
1019 6101 ��9��'� � 0001-0316 , 1 of 2
sue��cT AIJTH�RIZATION
�R ABANDQNED
ORDINANCE NO.
RECOMMENDATION:
OF CONTRAGTS FOR NON-CONSENT TOWING OF WREGKED
VEHICLES FROM MUL�IPLE VENDORS REQUIRED BY CITY
�2924 F�R THE POI.IGE DEPARTMENT
lt is recommended that the City Council:
1. Authorize contracts for non-consent towing af wrecked or abandoned vehicles from multiple �endors
as required by City Ordinance No. 12924 (see attachment "A" for a list of current vendors); and
2, Authorize the co�tracts ta begin October 1 f, 2001, and expire October � 5, 2002, with aptions to
renew for #our successive one-year periods,
DiSCUSSION:
City Ordinance No. 12924 regulates non-consent towing wiihin tF�e City requiring companies desiring to
perform non-consent towing for the Police Deparfinent to execute a contract with the City.
There are �t�r�e types of contracts: those for standard taw trucf�s, tiit bedlrollback tow trucks, and
tandem tow trucks. Participating wrec��r companies are licensed under Article V, Wreckers, of Chapter
34, Vehicles for H�re, of tl�e Code of the City of Fort Worth. The fees for services tp be provided and
�ssignment to ane af four zones are the same as contaEned in the ordEnance. The estima�ed
ex��nditure far t�tese services is $1,1 a0,Q00 per year.
Contracts wi�l be executed with any �endor desiring to perform non-consent towing tha# meets the
contract requirements such as towing operafions being a ven�ors primary business, equipmen#
spec9f9catians, insurance, and a local licensed storage facility.
BI❑ TABULATION - See attac�ed "Senrice F�e Schedule".
MIWBE - A waiver af the goaf for MIWBE subcantracting requiremenis was requested by tY�e
Purchasing Divisian and approved by the MIWBE �ffice because the purchase of services is from
sources where subcontracting or supplier oppor�unities are negligible.
RENEWAL OPTIONS - These contracts may be renewed for up #a fiour successive one-year terms at
the City's o�tion. This action �does not require spec�fic City Council approval, provided that the C.ity
Cauncil has apprvpriated sufficient funds to satisfy fhe Cify's ohligations during the renewal term.
�}����QQ� ������D
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11 110 i S�U�'Y�Q �i7fltlO
�'ity of'�'ort �'orih, T'e.�as
�1��� ��1� �+��11�1Q ���11�E1����t'1��
DAi� REFERENCE NUMB�R L.C7G NAM� F'AGE
10116f01 ��g�7� 0001-03� 6 2 ofi 2
sue.��cT AUTHORI2ATION OF CONTRACTS FOR NON-C4N5ENT TOWING QF WRECK�D
� OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CFTY
ORDINANCE NO. 'f 2924 �OR THE PD1.fCE DEPARTM�,NT
FISCAL INFORMATIONiCERT1FIGATfON:
The Finance Dir��tar certifies that funds are avaifabla in the current op�rating budget, as appropriated,
of the Ger�era� Fund.
CB:n
� BQN141-0316IKDK
Submitted iar City Manager's I f UNA I ACCQUPfT I
OfflCe by: � (to)
�
Charies Soswel] 85I 1 �
OrigiQating Department Head:
�
Jim Keyes 8517 � (from}
. �
Additional Tnfarmation Contact:
Fi.obert Combs 8357
CEIYTER _ I AMOUNT
_ CITY SECR�TARY
A�PR4VE0
�li°Y �Q�NC��,
QCT 23 ZO�i
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CiY�j 5aarataYy aF the
C.itv nf ForC �ilorth'Cexas
._,