HomeMy WebLinkAboutContract 27416� : r� .
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CONTRACT FOR TOW TRUCK SERVICE
(TANDEM AXLE)
WHEREAS, t11e City of Fort Worth occasionally requires the se�-vice o�
tow trucks; and
WHEREAS, such tow trucic services are necessary to protect �he safety
of the citizcns of the City of Fort Wor�h,
NOW, THEREFORE, KNOW ALL BY T�iESE PRESENTS:
The City oi Fort Worth, hereinafter referred �o as "City", acting herein
by and through Libby Watson, its duly authorized Assistant City Manager,
and WHW Transport Inc. dba Cornish Wrecicer Service , hereina�ter
ref�rred to as "Company", acting he�ein by and ihrougll Steve Smith ,. its
duly authorized President, agre� as follows:
1.
�ERVICES
City hereby contracts with Conipany to �z�ovide police pu11 towing
servzce. As used herein, "police pull" shall mean that the Fort Worth Police
Departmei�t has called Compa.ny from ihe rotation list to either reinove a
i wreciced or disabled vehicle or to remove a vehicle in a safe driving condition,
but the owner is not present, able or per�nitted to drive or to malce
authorizations.
2.
TERM
The term of fhis contract shall b� for a period of twelve (12} months
froin the da.te of its execution, with t�our options to renew for te�-n� of on� y�ar
each, at the City's sole discretion, unless eariier t�nninated as hereinaf�er
provided. Ren�wal shall occur upon City including in its budget for the
options years sufficienfi fLl11dS to pay for its obligations hereunder a�ld
Company providing proof of insuranc� to City.
3.
COMPENSATION
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1. Compensation. As compensation for providing the se�vices
contemplated by tl�is Contract, City agrees to pay Campany as follows:
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a) Towape. A charge af on� ��ndreci twenty-five daliars �$i25.00) per hour for
, tawing such vehicle from ane point on a street ta anather iocation wifihin the
' corporate �imi#s of the ci#y as directed �y tf�e pfllice departmen# at the place
where the tow originated. The minimum charge shali be for one hour; aft�r
tf�e first hour, tim� shall be bilfed for �n inGrements of fifteen (�5) minutes.
b) Second tandem axle taw #ruck. In the e�ent the police , officer at the
scene determir�es that a second tandem axle taw truck is required, a charge
of one hundred twenty-fiv� dollars ($125.00) per hour billed in increments af
fifteen ��t5) minutes w�ii� at the scene of the police pull, with a minimum
charge for one hour. Travel time is excluded. ;_
c) Reimbursables. [n the event Campany is required to re�t equipment�or ather
materials specifically related to a police pull as dir�cted ir� writing by a police
supervisor at fhe scene, Company shall be r�imbursed the ac#ual cast
inc�rred pius fifteen perc�nt (15°/4). Charges under this subparagraph are
subjeci to t�� review and approval of a police supervisor.
d) E�c#ra help. An additional charge of twenty ciol[ars ($20.D0} per ma� per
hau�, wifih a minimum charge of faur (4) hours, when authorizeci in wr�ting by
a�aolice sup�rvisor a# the scene of the p�lice pull.
e) ' Air cushions,
1.) Regular cus��ons - A charge of one ht�ncired-fifty doliars {$150.00)
per hour per c�shior�, witY� a minimum charge af one hour. After the first
hour billing shall be in incremenis af fift�en (15) minutes.
2.) Tank�r cushians - A c�arge of four huncired dailars �$400.Oa) per
hour per cushion. After the f�rst hour biliir�g shall be in increments of fifteen
(15} minutes. ' _
3.� Priar approval by a polic� supervi�or at the scene of a police pull is
required for i1�e use ofi air cushions. �
f) Hat�dlir�q hazardous rr�aterials. When t�e cargo of any motor �ehicie or
trailer includes explosive, nuclear, radiaactive, hazarcious or corrosive
materials, as d�finec� by the Er�vironmental Protection Agency, Texas
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Department af Transportation, or th� Texas Natural Resource Conservation �
Commission, a fee equal ta ane hun�red-fifty {15A) perceni of the charges
ir�curr�d under su��aragra�h "a" above.
g) Tractor, hydrauGc tilttail, lowboV. other specializ�ci e�uitament. A charae o�
one hundrec� twenty five dolfars �$i��.00j p�r hour, bilfed in increments of
fifteen (�5} minutes, as authorized in writing by a,police supeE-visor at the
scene of the palice pu[!. The police supervisor shafl sign the wrecker s�lection
#orm.
h) Nathing cor�tained herei� shall be construed sa as to obligate City to expend
any sums of money except for services actually r�`ndere�. Furtner, nothing
contained h�rein st�all �ae construed so as to guarantee to Company that City
will contact Campany for any iawing servic�s con�emplated by this Cantract.
2. lnvaicinc� and Pavment. Campany sha11 Invoice Gity once per manth.
Gampany shalf include with the ir��aice such documents as may i�e reasonably
requested ta prov�de evidence of the ser�ices provided to tt�e City, wh�ch at a
minimum sha!! inc�ude copies of the wrecker selection form signed by the officer
ai the scen� of the Police pu{1 andlor personnel at th� Fort Wort�t Auto Paund.
Such invoic� shall be subject to the review and apprava[ of appropriate City
personr�el. City shall remit paymenf ta Campany nat more than tE�irty (30) days
following approva! ofi invaice.
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VEHICLE AND EQUIPMENT REQUIREMENTS
Com�any shall mainiain .at ail tim�s the following �ehicies and equipment
�n working conditiQn:
a) A minimum of on� (1) tandem axl� (heavy duty} wrecker rated at not less
than 26,aD0 gross vehic#e weignt, equipped with a pawer winch and win�h
lines with a baam rated at not less #F�an 50,000 �ound lift capaciiy.
b� At a minim�m, al1 wreckers shall be equipped with the following equipment,
whicF� at alf times shafl be maintair�ed in war�Cing order:
1 } Tow bar �
2) Towing I[gh#s
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3)
4)
5)
6}
7)
8)
9}
i 0}
1�)
12}
Emergency averhead warn�ng fights (red or amber coEor only)
Safaty c�ain
Fire extir�guisher, A.B.C. type
Wrecking bar
Broam
Ax .
S�ovel
Reflectars or traffic cones
Trash container
Two way voice or computer communicatib�n b�tween taw truc�C and
Gompany dispatche�-
13) Backing warning signal
�4) Whee! c�ocks
15) Traffic cc�nes
cj EacF� taw truc�C shal{ have permanenily inscrib�d on each side of t�e veY�icle,
i� letters of nat less than th�ree (3) inches in h�ight, the name, address and
te{ephane number o� the company. Magnet�c ar other forms of remova�fe sigr�s
are prohifaited.
d) Each tow truck and the required equipmen� shaf( be inspected by the Chief of
Po{ice or his authorized designee prior to being �sed for services cont�mp{ated
by this contract, In additian, each fow tr�ck and the required equipment shall be
sub�ect #o intermitten� inspec#ion to assure compliance with this caniract.
5.
INSURANCE REQUIREMENTS
$1,OQO,ODO each accurrence
$1,000,000 aggregate
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Campany sha{! maintain insurance from insurers acceptabl� to City in the
foflawing types and amounts;
5.1 Commercia{ General Liability
Garage �iabiEi#y
$1,000,000 each accident, other tf�an auto
$1,040,000 aggregate
5.2 Automobile Liabiiiiy
$1,000,000 each accident, combined single limit
Th�s coverage shafl include afl vehicles owned dr non-ow�ed that
are operating under Company's op�:rating authority.
5.3 CargolOn-Hook
$5D,400 per uni# %s
Coverage shall include bat� the unit �eing towed and its contents.
Uniis co�ered shall include but nat be limiteci to motor vehicfes,
trailers and boats. Coverage shal[ be written on a direct primary
basis.
5.4 GARAGEK�C PER`� �,��B�LIiY
$5D,a00 per unit
5.5 Wor�te�'s CompensationlAcc'[dent Ins�ar�nce
Coverage sl�ail meet t�e minim�am r�quirements of state Iaw as con-
tained in the Motar Carrier Rules and Regulaiions.
5.s Current insuranee certificates shall remain �r� file w+th the City during the
term of this Contrac#. Insurance caverages rnay, at the soEe discretion of the City,
�e reviseci upwar� upon thirty (30) days prior writtet� notice t� Cflmpany. Po{icies
sha11 be endorsed as fallows:
o to provide the City w�th a minimum of thiriy (30} days notice of
cancellation, non-payment of premium, or non-renewal;
o#o cover the City as an additional insured on liability insurance pc�iic�es,
except for empfoy�r`s liabifity; and
� to - include a waiv�r of subrogation in favar af the City.
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, 5.7 In the ev�nt a state or f�d�ra1 law, rule ar regulation perfiaining to wrecker
serv�ce campanies operating witnin the State of Texas exceed insurance
requirements speci.fied herein, such state or fed�ra! law, rule or regu[ation shah
pre�ail far the respective type of insurance coverage andlor li�mif thereof.
6.
DUTIES Af�D RESPQNS181�fTIES OF CC?MPANY
Com�aany, during the term of this contract, shall �erform the following duties
and have the fo[lowing r�:sponsibilities:
a) Maintain as its primary (aasiness the towing �f vehicies or �railers by
wrec�cers me�tin� the requirements af paragraphs 4(a) and 4(�) above.
"Primary business" shall mear� that Company receives mare ti�an fifty per-
cent (a0%) af it gross revenues fram the towi�g of �ehic[es and trailers. A�!
af campany's recor�s shafi be open to reasona�Ie i�spection, bath at the
time of executian af this agre�ment and at any time during th� term hereof,
to verify compliance witF� this conditifln.
b} Mair�tain a currently licer�sed �ehicle starage facility loeated within fF�e
corporate fimits of th� City. "Vehicle storage facility" sha11 mean a�acility
operated �y a person ficensed under Article 6687-9a, Revised Sfiatutes.
c} Mainta�n b�asiness operation tvwe�ty-�our (24) hours a day, seven days per
week.
d) R�s�ond to a11 ca11s contemplated by #his contract �within forty-five (45)
minutes of natificatiar�, except in extraordinary situations wh�re delay is
caused i�y ice, snov�r or other wea#her relat�d conditio�s. In the event
Company fails to resPand as required, City may notify anott�er wrecker
company and Company shall not be entitled to the campensation to whEc�r �t
would F�ave been ent�tled f�ad it arrived timefy.
e) Notify the City of any change of ownership, president or chief sxecutive
ofificer, or change of address within five {5} business t#ays of any such
change.
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f) Defiver the motar vehicle being towed to the location within the corporate
limits of City designated by the police officer at the scene of the pull.
Deli�ery shalf he made without delay ar detour.
g) Fully coopera#e wi#h any investigation canducted by the City ragarding
compfaints against Company, whether ar not suct� complaints arise out of
setvices contemplat�d by this Contract. .
h) Shall nai became definquent i� the payment of any taxes due to City.
i) 5hall not go to any accident �cene unless #he Company has been called to
the scene by t�e owner ar operator of a vehicle or an au#fi�orized
representative of same, or by the City. .�
h} Shali riot solicit any wrecker business within the corporat� limits of City at
the scene of a wrecked or disabfed �ehic�e, regardless of wt�ether the
salicitation is �ar the purpose af saliciting the business of towing, repairing,
wrecking, storing, trading, c�r purchasing the veh�cle.
i) Sh�ll an[y employ driuers o� tow trucks authorized to o�erate same.
j) Provic{e PoGce Auto Pound persQnne! wi#� at� ir�voice a� the time the towed
ve�icie is deEivered to the Pound tog�tt�er with a signed wrecker selection
form provided by tk�e polic� officer or super�isor at the scene of the pofice
pull.
7.
TERM1NATlON �R SUSPEI�SION
A. This contract may be terminated or suspended f�y City for any of the
foflowing causes:
i. Vioiation of any term and/or condition specified in this contract.
2. �'aifure ta notify the Communica#ions Division of tY�e Police Departm�nt within
fifteen (15} minutes fram tf�e time of notification if the Cflmpany wi[I be unabie
ta respond within t�e fort}i-five (45) minutes allatted far �a respanse to a
wre�ker call.
3. Permittir�g a tow trucic to t�e operated by anyone whike under th� ��fiuence of
a6cohol an�lar c�rugs,
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4. Permifting a t4w truck to �ae operated 6y anyone whose operato�'s license is
suspended.
5, Transferring or assigning any call for service to any ather company
�. Any sustained complaint of theft �y personnel of Company whike acting �n
their capacEty a5 emplay�es of Company, whether occurring during a palice
pull ar ott�erwise.
7. Any sustained camplair�t of threats made by personnel of the Company
while acting in their capacity as emplayees of Company made against third
parties during a police pulf ar otherwise.
8. Failing to com�ly wi�h afl directians afi palice p�°tsonnel at the scene of a
polic� pull or civilian ar police personnel at the Palice Auto Pound. Company
may request a police su�ervisor to vafidate any such d'+rectian given.
9. Failure to comply with any state or federal !aw or. city ardinance related to �he
aperation of a wrecker company.
10. Five (5} passes withir� a thirry (30j day period. Pass in this paragraph shalf
mean Gompany failing to notify the City of its inability ta respond to a request
for ser�ice as required by paragraph 2 above.
� 1. Ten {10) passes within a thirty {3�j day period. Pass in this paragraph shall
mean a Compar�y notifying the City of its ina�ility to respond to a requesi for
service as requireci by paragrap� 2 above.
12. Violation of any rule or regulation cantained in ExE�ibit "A" attached hereto.
B. Ci#y st�a11 notify Company in writing of its intent to terminate ar suspend �or
cause twenty (20) days prior to such susper�sior� or term�nation. Company shall
ha�e the right �to requesi a�earing b�fore the Chief ofi Police ar ��is designee
regarding the intent to terminate or suspend for caus�e by requesting a hearing in
writing within five {5) �usiness days after receip# of notice of intent to terminaie or
suspend. A hearing shall be canducte� wit�in fifteer� (� 5) days of #he request for
hearing. The City, in Et5 SQEO discretior►, m�y temporarily suspend this contracf
during any appeals process.
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C. In th� event this contrac# is suspenc�ed for cause, #h� suspensior� st�all be
for a period of time of nnt �ess than six (6) months nor more than tweive (12)
mo�ths.
D. ln the event _.City sus�ends or termina#es this can#ract for cause, and the
cause for such suspe�sion or t�rmination is de#erm�ned ta be invalid, Company's
. sole remec{y shal! be reinstatement of tnis contract. Gompar�y expressly waives
any and a11 rigl�ts to monetary damages, inclUding but not IimEt�d ta aeival a�c�
pur�itive damages, court costs and attomey's fees.
8.
1NDEMNIFiCATiON y�F
W�th regard to any Eiability which migf�t arise hereund�r, City and Company
agree that thay shalf �e solely and exclusively liable for the negligence of its own
agents, seivants, subcvntractoi-s and employees and that neither pariy sna11 look
to the other party to save or i�old it harmless fort he consequences of any
negligenc� an the part af one of its awn agen#, servant, subcontracior ar
employee. Nothing contained here�n shall be cor�strued to be a waiver by City of
�.ny right of protectian which it enjoys under applica6le State or Federal law.
9.
ASSIGNMEN�'
Company shall t�ot assign, transfer or subE�t this Contract or any �ortian
hereof to any party without �he priar written consent of City which si�all not be
unreasonably, Any such assignment, transfer or subletting of #his Contract shall
be �oid and shaff o�aerate as a termination hereof.
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INDEPENDENT CONTRACTOR
It is understood and agreed by the parti�s hereto that Company sk�afl
per�orm a11 worlc ar�d services h�reunder as an independent contractor, anc� not as
an officer, agent, servant ar employee of the City. Company sha11 have exclusive
cor�tro{ of ar�d the exciusive right ta contral th� details of the work or service to be
performed hereunder, and al1 persons performing same on behalf of Company,
and shali be solely responsible for the acts and omissions of its officers, agen#s,
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servants, employees, contracto�s, subcontractors, Iicensees, and invitees. The
� doctrine of respondent superior shall not apply as between t1�e City a11d
Company, its officers, agents, servant�, employees, contractors and
subcon�ractors, and nothing herein shall be constn�ed as creating a partnership
or joint venture between the parties hereto.
In witness whexeof, the ties he�eto have executed this Cont�•act on
the ��,,.�T day of �u�. , 20%'�.
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A E�T: -
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Gloria Pea on, ity S�cretary
CITY (�l�' FORT W4RTH
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By: ��
�y son
Assistant City Manager
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y
APPROVED AS TO FORM
AND LEGALITY
�
Assistant City Attorney
ATTEST:
Corporate Secretary
Cafltr�c� l��ho�iz��i�n
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a�t� � --•, ,� _ _
WHW Transport Inc. dba
Cornish r cicei- rnc.
(Com�N�ne�) � �
B '�i /
Steve Smith, Pre ident
, ,.
EXHiBIT A
ATITO POUND
�%e �ollowing ru]_es and regul.atio�s wi11 be follow�d by a��: wrecker companies
upon arrival at the a�Co paund.
1. The gate wi.11 not be b�.acked by wrecicers waiting ta enter ox exit
�i�e pound . �
2. No more Chan rwo (2) wreckers shalZ be.authari.zed in the front ar�a,
�oz i.nventory purposes, at any one time.
/j !
3. �Io wrecicer sfial.�. enter the pound with more than one (].) person/opera-
tor, unless auehoxi.zed by the�on duty shi.�t supervisor. This wil� be
done an a case by case'-bases.
4. For safety reasons , a car carrier- sha�.]. 3�e requi-red to of f load r.heir
cargo when passible. This s�a11 be de�erm;ined�by the on duty super-
vi.sor.
5. Inventories shauld be handled in an expedit3.ous manner when possib�.e:�
However, poe�nd personnel are required re do a complete and precise
inventory of all�property and vehicles. A spec�fic time �rame would
be impass�b].e ta instftute.
6. Wrecker drivers shall nor be allowed to�dri.ve up and down the rows,.
�ooking for vehicles ro reposses �or companies said wreckers regresent.
7. The use af caz carriers, do3.3.ies, extra time, extra equipment, etc.,
sha11 be subject to apgrovai by the Wrecicer administrator or Pound sup-
ervisar. .
8. Wrecker operatorsJowners shall be required Co follow any directions or
instructions given by auto pound personne2.
9. Vialations of any af the above rules sha11 be subject Cn review by the
Wrecker administraCor.
Di.scipli.nary action may be deCermined by the pound sup�rvi.sor or a higher
command level.
City of �ort �or��a, �'e�as
� �� �r�� ��n�� ������;�at���
� �
DATE R��'ERENCE NUMB�R LOG NAME PAGE
r 10/16/01 ��9477 � 0001-0316 � � of 2
su�aa�c-r AUTHOR�ZATI�N OF CONTRACTS FOR NON-CONSENT T�WING OF WRECKED
�� OR ABAN�C}NEp VEHICLES FROM MULTIPLE V�NDORS REQUIRED BY CITY
OFiDINANC� NO. 12924 FOR THE POLICE D�PARTMENT �_ ___
FtECOMMENDRTION:
It is recommended #hat the City Council:
1. Autho�i�e contracts far non-consen# towing o# wrecked or abandoned �ehicles fram multi�le vendars
as required by City Ordinance No. 12924 (see attachment "A" for a Eist of c�rrent vendors}�; and
2. Authorize the contracts fo begir� October 16, 2001, and expire October 15, 2002, with options to
renew for faur successive one-year p�riods.
DISCUSSION:
City Ordinance No. 12924 regulates non-consent tawing within the City requiring companies desiring to
perform non-consent towing for the Police Department to execut� a contract with the City.
There are thre� types of contracts: those for standard tow truc�s, tilt bedlrollback tow frucks, and
tandem tow trucl�s. Participating wrecker companies are licensed under Article V, Wrecl�ers, of Chapter
34, Vehicies for Hire, of the Code of the City of Fart Worth. The fees for services to be provided and
assignment to one of four zones afe the same as contained in the ordirtar�ce. The est�mated
expenditure for these services is $1,�aa,OQO per year.
Contracts wiil be executed with any vendor desiring to perform non-conse�t towing that meets the
contract requirements such as towing operations being a vendors primary business, equipment
specifications, insurance, and a Iocal licensed starage facility.
BID TABULATI�N - See attached "5ervice Fee Schedule".
MIWBE - A waiver of �he goai for MIWBE subcontract�ng requireme�ts was requested by the
Purchasing Division and approved by the MNUBE Office because the purchase of s�rvices is from
sources wh�re subcontracting or supplier opportunities are negligi�le.
REfVEWAL 4PT[ONS � These co�ttracts may be renewed for up to fou�' success9ve one-year terms at
the CEty's option. This action �does not require s�ecific City Council approval, provided that the City
Counci! has appropriated sufficieni funds to satisfy the City's obligations during the renewal term.
��������� �'��G���
���V������ ' ��li
8 Lo ll��f�ll Ylg ��b11a
Cl�y D, f �(.�1"� �OY��d, �'e��s
� �� ��� �u�r��I ��r�t�n���r�i��
� � f�
DATE REFERFNCE NUMB��t I L�G NAME PAGE
� al� s�o� ��94�� 000� -os� s 2 ot 2
- sua�ECT AUTH4RIZATION �F C�NTRACTS FOFt NON-C�?N5E T TC7WING QF WRECKE❑
t)R ABAND�NED VEHICLES �R4M MULTIPLE VENDORS REQl11R�D BY CITY
ORDINANCE NU. 12924 FOR THE PC7LICE DEPAR7MENT
�ISCA�. iNF�RMATION/CERTIFICAilON:
� The Finar�ce Director ce�tifies tha# funds are available ir� the current operatin� budget, as appropriated,
of tne Generai Fund. _
CB:n
BQN/Q1-0316/KDK
�
5ubmltted far Ci#y Manager's
orc��e �y:
Gharles Saswell
Qrlginatin� Department Head:
3im Keyes
Additiouai Informatian Cnntact:
� FUNB � ACC(3U1IT �
� �r4�
I
8511
�
$S l7 � (fromj
Robert Combs 8357 �
C�N�'�R � AMt�UNT
CiTX �ECRETARY
1
��t�P�aVED
� ��� i ����4���
_� 0 CT 28 20Qf
I �`�.e�+� LiG'e r��1
1 CE4y 5ecrgtary at the
C f;etv af Fort Warth, Texa:v