HomeMy WebLinkAboutContract 27417, � �� ._ II� . , il
Gfi'Y ���REi°�RY
CONTR�ICT rOR TO�T TRUCIf SERVIG��N��`��� �' �/
(STANDARD SERVICE}
WHEREAS, the City of Foi�t Woit11 occasiorially rcqLlires the setvice o#'
tow tiucks; and
WHEREAS, suc17 tow kt-�,icl� setvices are n�cessary to pzotect �he safe�y
af ihe cYtizens of ihe City of Fort Worth,
NOW, THEREF4RE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worih, hereinaft�r referred to as "City", acting herein
by and �hrough Libby Watsoz�, its duly authorized Assista��t City 11�Ianager,
and, Hankins Bntel-�i-ises �i�c. dba A-1 l�'recicer S�1v7ces, h�r�iilafter referred
io as "Company", acting herein by a.nd through Daiu�v Hanl�ins , its
duly authorized President, agree as follows:
1,
S�RVICES
City he1-eby col�t�acts with Company to provide police pull towiilg
service. As used herein, "police pull" shall mean tllat t�ie Fort Worth Police
De�artmeni has called Conl��lly fron� the rotation listi tn �ithe� re�nnve a
wrecl<ed or disabled vehicle or io remove a vehicle in a safe driving condition,
but the owner is nat preseni, able ar permitted to drive or io malce
authorizations.
2.
TERM
The term of this contract sha11 be for a pei-iod of twelve (12} moi�tl�s
fi om the date of its execution, with �our options to renew for tenns Qf one year
each, unless earlier ternunaied as hereinafter provided. Renew�� shalT occur
upon City including in its budget for t11e options years sufficient funds to pay
for its obligations hereunder ai�d Company pto�iding proof of insurance to
City.
3.
COMPENSATION
l. Com�aen�atiol�. As compensation for providing the services
con�emplated by this Con�ract, City agrees to �ay Cornpany as follows:
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a} Towaqe. A charg� of sixty-five dollars ($65.00j for iowing sueh �ehicle from
one point on a street io another location within the carparate limits of the city
as directed by the poiice department at the plaee where the tow origir�ated;
such charge in�Eudes one hour of exira wor�t.
b} Second tow truck. � In the event fhe polic� officer at the scene determines
that a second tow truc�t is required, a charg� af fi�ty dollars ($5a.�Oj per hourl
with a minim�m charge af one hour, billed in increments of fifteen {15}
minutes while ai the scene of the police pull. The use�of a second tow truck
shali be approued by a police supervisor. Travel time Es excluded.
c} Extra work. An ac[ditionaf charge af fifty doflars ($50.00) per hour, with a
minimum charge of one hour, charged in incremen#s of fi#teen (15} minutes,
for r�moving �ehic�es which are off the street righi�of-way, s�ch charge to t�e
made from the.time fhe operator begins #o remove the vehicle untii it is on the
traveled portion af the street. E�en #hoUgF� the vehic�e is WlfilEfl the street
right-of-way, an additi�nal c�arge may be made if the vehicle is located in
some unusual conditEon within the right-of-way, such as, but nat limited to, a
river ar a creek bed or a ditch of greater depih than the ordinary bar ditch.
Ext�a work shail only be allowed when au�horizeci by a police officer at the
scene of the pu11. The charges for such extra work shall be reviewed and
approued by the Auto Pound Wrecker Administrator. Extra work excludes
travel time, waiting tirr�e and clear�-up time.
d) Use of a dollv. No additional fee shalf be charged for the use af a�oC1y.
e} HandEinq hazardous materials. Wt�en the cargo of any motor vehicle or
traifer ir�clud�s explasive, nucle�r, radioactive, hazardous ar corrosive
materia{s, as defi�ecf by #he Environmental Profection Agency, Texas
Department af Transportatian, or the Texas Natural Resource Cnnser�ation
Cvmmissian, a fee equaf to one hundred-fifty �150j percent of the charges
whic� may be assessed pursuant to subparagraph "a" above. In addition, a
,
charge may be macie far ex�enses ineurred related ta protective c�athing anci
any other suppfies or ec�uipment used in handling s�uch materiafs, such
charge being equal ta the actual amounts incurred plus fifieen (� 5) peresnt.
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f) Notl�ing contained herein shall be canstrued so as to obligate City to expend
any s�ms of money. Further, nathing cor�#ained herein sl�afl �e construed so
as io g�arantee #o Company #hat City wili cor�tact Cc�mpany for any towing
s�tvices contem�plated by this Gontract.
2. Invoicinq and Pa�rment. Compar�y sf�all Invaice City �nce per month.
Company shal! incfude,with the invoice such documents as may .be reasona�fy
requested to pro�ide evidence of #he services provideci to the City, which at a
mir�imum shaEl include cop�es of the wrecker selection form signed by the officer
a� #he scene of the police puil and/or personrtel at the Forf Worth Auto Pou�id.
Such invoice shall be sub�ec# fo the review and a�a.�roval a# appropriate City
personnel. City shali remit payment to Gompany r�at more than thirty (30) days
following appro�al of invoice.
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VEHIC�E Af�D LQUIPMENT REQUIREMENTS
Gompany shall maintain at all times the fol[owing veY�icles and equipment
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it� working condition:
a) A minimum of two (2) wreck�rs, one of which shall be not less than 14,OOD
pounds gross vehicle weight and one of which shal{ be not kess than 10,0�0
pounds gross vehicle weight, dual rear wheels, equipped w�th a hydraulic
operat�c� w��tch, wir�ch lines, and a boom r�ted at not less tf�an 5,000 pound
lift capacity and a wheel lift device rated at not less than 2,500 pounds.
b) At a minimurn, ail wreckers sha[1 be equippec� with the fallowing equipment,
which at all t�mes shall be maintained in working ordsr:
�)
2}
s}
4}
5}
fi)
7)
Tow bar
Towing li��ts
Emergency overhead warning lights �red ar amber colar onEy)
Safeiy chain ,
Fire extinguisher, A.B.C. Ty�e
Wrecking bar
Broom
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8}
9)
1 D}
1�)
12)
Ax
SF�ovel
Reflectors or traffic cones
Tra�h cantainer
Two way voEce ot' computer communication between tpw truck
and Cor7�pany dispatcher ,
13� Backing warning signal
�4) Wheel chocks
ej Eaeh tow truck shail ha�e permaner�tly inscrihed on each side of the ve�icle,
in [etters of not less #han �hree (3) inches in heigF�,, the name, address and
telep�ane numb�r of the eompany, Magnetic or other forms of removabi� sig�s
ar� prohibited.
d) Each tow truck and #he requir�d equipment shaE� be inspected by the Ch�ef of
Pofice or his autl�orized designee prior to being used for services cantemplated
by this cvntract. In additidn, each tow truc�C atid the t'equired equipment shaEl be
subjec# to intermittent inspectian to assure compliance with this contract.
5.
INSURANCE REQUIREMENTS
Campany sha11� maintain insurance fram insurers acceptable ta City of the
following #ypes ar�ci amounts:
5.1 Camm�rcial Genera! i�iability
$500,000 each occt�rrence
�5aa,000 aggregate
ar
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5.2
Garage Liahility
$500,000 each accident, other th�n auto
$500,000 aggregate
�utomobile Liability
$50Q,000 each accidant, eom�ined singla iimit
This coverage shali incluc�e all vehicles owned or non-awned that
are operating under Company`s operating authori#y.
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5.3 CargolOn9Hook
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$30,000 per unit
Coverage shall include both the unit bei�g towed and its contents.
Units:covered shal[ include but not be iim9ted to motar vehicles,
#railers and boats. Coverage sha11 be wrEtten on a direct prima�y
basis.
5.4 GARaC�K�EP�R'S �,I�IBILfi1C
$30,000 per unit
5.� Wor�er`s CampensationfAccident Insurance
Goverag� shall meet #he rninimum requiretnen#s ofi state law as con-
tained �n the Matar C��rier Rules and Regulations.
5.6 Current insurance certificates s�al[ remain on file with the City during the
term of fh�s Can#ract. Insurar�ce caverages may,� at the sole discretion of the City,
�e revise� upward upon thirty {34j days prior written noiice to Campany. Policies
sha[I be endorsed as foElows:
$ to prouide the C�ty with a mi�imum of #t�irty {30) days notice ofi
cancelfation, non-payment of premium, or non-renewal; •
o ta eover the City as an ac�ditiona] insured on liabili#y insurance policies,
excep� for employer's liabiiity; and
• fo include a waiver of subrogation in favor of ine C�ty.
5.7 In the e�ent a state or f�dera! law, rule or regulation pertaini�g ta wrecker
serviee compan�e5 operafing vvithin t�e State of Texas exceed insurar�ce
requirements specified herein, such state or federal Eaw, rule or regulation shall
pre�ail fnr the respective type of insurance coverage and/or limit thereof.
[:�
DUTIES AND RESPONSiBILITIES C�F C�MPANY
Gam�any, during th� term ofi this contract, shall perform the fallc�wing dut�es
, and have the foflowing r�spvnsibilities:
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a) Maintain as its primary business the tawing of wehicles or traiiers by wreckers
meeting t1�e r�quirements of paragrap�s 4(aj and 4(b} above, "Primary
b�asin�ss" shaH mean that Company receives more than fifty per-cent (54%) of
it gross re�enu�s from the towing of �ehicles and trailers. A!{ of company's
records shall be apen to reasonable inspeetiari, both at the time of exec�tion of
t�is agre�ment and ,at any time during the term hereof, to verify. compliance
with this condition.
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b) Maintain a currently ficensed vehicle storage facility �ocated within the corporate
limits af the City. "Vehicle storage faci[ity" snail mean a faci[ity operaied �y a
person licensed under Articl� 6687-9a, Revised Stat�tes.
c) Maintai� business operatian twenty-faur (2�} hours a day, seven days per
week.
d) Res�onc� to all.calls contempla�ec� by this contraci within th�rty (30} minutes of
notification, except in extraardi�ary sit�ations where delay is ca�ase� E�y ice,
snow .or o�F��r weather related conditions. In the event Company fails to
respond as required, City may notify another wrecker company and Company
si�all not �e entitled #o the compensation ta wf�ich it would ha�e t�eer� entitl�d
had it arrived timely.
e) Notify the City of any change of ownership, president or ct�Eef ex€�cutive officer,
or change of address witnin five (5) business days of any such cf�ange.
f} De[iver the motar v�hicle� be�ng towed to the location wifhin the carporate limits
of City designated by ihe palice officer at ti�e scene of the pufl. DeEivery shall
be made without de#ay ar detour.
�} Fully caoperate w�th any investigation conducted by the City regarding
campiaints against Company, whether ar nvt such complaints arise out af
services contemplated by this Cantract.
h� SF�a11 not become delinqu�rit in the payment of any taxes due ta City.
i) Shall not go #a any accident scer�e unless th� Company has been called to t�e
scene by the owner or operator of a vehicle or an authorized representati�e af
same, c�r by t�e City.
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j) Shall not soficit any wrecker business within tt�e carporate limits of City a# the
scene af a wrecked or disabE�d vehicle, regardl�ss of whether the solic�tation is
for the purpose of soliciting the business ofi tawing, repairfng, wrecking, storing,
trading, or purchasing the venicle.
k) SE�alI only employ driv�rs of tow trucks authorized io operate same.
Ij Provic�e the Police Pound personnel with an invoice at the time the vehicle is
deEiver�ci to the Auto Pound together with the signed wrecker selection form to
be provEded. �
7.
TERMlNATEON AND SIJSPENSION
A. This contract may be termina#ed or suspended by City for any af the
fo[lowing causes:
i. Violation of any term and/or candition specified in this contract.
2. Failure to notify the Commeanicatians Division af the Palice Department
within fifteen (� 5) min�tes #rom the time of notification if the Company
wil[ be unab[e #o respond wit�in the thirty (30} minutes .allotted for a
respQnse to a ca11 for wrecicer service.
3. Permitting a tow truck to be operated by anyone while under the
infilue�ce of alcohol and/or cirugs.
4. Permitting a tow truc4c to be opera#ed by anyone whose opera#or`s
license is suspended:
5. Transferring or assigning any call for service to any other company
6. Any susiaineci complaint of theft by personnel of Company while acting
in tneir capacity as employees af Company, whether occurring during a
police pulf ar �#h�rwise.
7. Any sustained eomplain# o# threats made �y personnel of the Company
whi�e acting ir� their capacity as employees of Company made against
thir� parties during a police pull or otherwise.
8. Failing to comply with a!l directions of police persor�nel at the scene of a
,
police pu�� or civilian employee at the Poiice Paund. Campany may
r�quest a police supervisor to �alidate any such directian �iven.
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9. Fi�e (5) pass�s within a thirty {30) day periad. Pass in this paragraph
s�ail mean Cvm�any faifing to natify the City of ifs inab[lity to respand to
a request far service as required by paragraph 2 abav�.
10.Ten {10j .passes within a�hirky {30) day period. Pass in this paragrapF�
sl�a�l mean a Company no#ifying th� City of its inability to respond ta a
request for service as required by paragraph 2 aboue.
1�. Vialation of any rule or regulatian cor�tained in Exhibit "A" attached
hereto.
12. Failure to camply with any state or federal [aw or city ordinanc� related
to the operation af a wrecKer company. �_
B. City shall notify Comparty in� writing of its intent to #erminate or suspend for
cause twenty (20) days �rior ta sucY� susp�nsion or terminatiQn. Company shal!
have th� rigY�t to requ�st a hearing before the Chief of Police or h�s designee
regardir�g the ir�tent to terminafie or susper�d for ca�se by requesting a hearing in
wriiing �wi#h�n five {5) busine�s days after receipt �f notice of intent to terminate or
suspend. /� hearing shall �e conducted within fif�een {15y days of the request for
hearing. The City, in its sole��discretior�, may temporarily suspend this cantract
during ar�y ap�eals process:
C. ln the event this contrac# is suspended for cause, the suspension sha11 �e
for a period of time af not I�ss than six (6) months nor more than twefve �12)
manths.
D. ln the event City sUsp�r�ds or terminates this contract far cause, and the
eaus�; for suci� s�spension ar termination is det�rmined to b� in�alid, Company`s
sole r�medy sha11 t�e reins#at�ment of this contract. Company expressly wai�ves
� any and all rights ta manetary damages, includ�ng but not limited to actuaf anci
p�nitive damages, court costs and attorney's fees.
E:�
INDEMMFICATfON
,
Wiih regard ta any liability which might arise her��nder, City and Customer
agree that they shall be solely an� exc�usively liaf�le for the negE�gence of its own
agents, servar�ts, subcontractars and employ�ees and that n�ither party shall look
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to the r�ther par#y #o save or hold it harmless fart he consequences ofi� any
negl[gence on the part of or�e of i#s own agent, servant, subcontractor or
employee. Nothing contained herein shail be construed ta be a waiver by City of
any right of protection which if enjoys under ap�alicable State ar Federal law.
� 9.
ASSIGNMENT
Company shall nat assign, transfer ar �sublet this Contract or any partion
hereof to any party without the prior written consent of City which sha[I not be
�nreasonably withheld. Any such assignment, transfer or subletting of this
Contract w�thout the consent of tne City shail be voj�l and shall operate as a
termination hereof.
10.
Z�N�S AND ROTATION LiST
A. CEty shail divicie the ciiy into four (4) zones which shai! correspond fo #he
four (4j patro� divisions. Company sha11 be assignec� to ti�e zon� or an adjacent
zone in which it maintains its principal place of business.
B. City sha11 create a rotation list within each of tne fiour (4) zanes tha� will
dictate the order in which wrecker campanies are�contacted.
C. City may request Company to conduct a police pull wi#'hin any zone, �ar�d
Company agrees to use i#s �iest efforts to arrive at the scene af the palice tow
within thiriy (30) minutes.
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WDEPENDENT CONTRACTOR
it is understood an� agreed by the par�ies hereto #hat Company shall
perform al[ work and services hereunc4er as an indeper�dent contractar, and not as
an officer, agent, servant or employee of #he City. Company shall have excicasive
cnntrol of and the exclusive right to cantrol the details of the work or ser�ice to be
performed hereunder, an� all persons performing same on behalf of Company,
� and shall be solely responsi�le far the acts and omissions of its officers, agents,
s�rvants, employees, cantractors, subcantrac#ors, licensees and invi#�es. The
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doctrine of respondent superior shall not apply as �etween the City ancl
Campany, its o�'ficers, agents, servants, �mpIoyees, C011�T'�.C�OIS and
subcontractors, and nothing herein shall be constrLied as creatiing a partnerslup
o� joint venhlre vetween tl�e paities hereto.
In wifness whereaf, th� part' s hereto have executed this Cantz act on
the ,��_ day of G��s , 20�
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AT EST: , ---�,,
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Gloria Pears 1, City Secretary
APPROVED AS TO FORM
AND LEGALITY
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a
Assistant City Attorney
ATTEST:
Corporate Secretary
CITY FORT RTH
By:
Libby tson
Assistaxlt City Manager
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Co����c� 1R�,��oxi���ion
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Hankins Enterprises I1�c.,
dba A-1 Wrecicer Services
By:�
Danny
Naane)
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. ' �XHTSTT A
Ai�TO POUND
The following rules and regulatior�s wi�.�. be fol�.awed by al� wz�cker companies
upon arrival at the auto gound.
;
.1. The gate wilJ. not be bl.ocked by wxeckers waiting to �nter or exa.�
. the pound. � '
2. �Io more than rwo�(2) rareckers shall be autharized i.n the front area,
for inventory purposes, at any one time.
3. No wreCkez shall enter the pound with maxe than one {1) person/opera—
tar, unless authorized by �he�on dury shif r supervisor. This wi1I. be
done on a case by case bases.
4. For safety reasons, a car carriar shall be req�i�red to off load their
cargo when possiiile. This sha11 be determined 'by�the on duty super—
visor: �
5. Inventories should be �iandled in an expeditious mann�r when possible:
Hawever, pound personnel are requ�.red to do a complete and preeise
_ inventory of all proper�y and vehi.cles. A specific rime frame would
be imposs�ble to ins�itu�e.
6. Wrecker drivers shall not be allowed ro drive up and down the ro�c,rs,
laoking for vehicles to reposses for companies said wreckers represent.
7. 'The use of caz carriers, dol�.i.es, extra time, extra equipmen�, eCc.,
� shall be subject Co appzaval by the Wrecker adminisrrator or Pound sup—
ervisar.
8. Wrecker operators/owners sha11 be required ta fvllow any directions or '
instructions given by auto pound persannel.
9. Viola�ions of any af the above rules shall be subject to review by the
Wrecker adrninistrator.
Discipiinary action may �re determinea by the pound supervisor or a hzgher
comrnand level.
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DATE R�F�RENC� NUMBER LOG NAM� PAG�
r 'i Q116101 ��9477 , 04d1 �031 fi, 'i of 2
suB.�ECT Al1THORlZATION OF CONTRACTS FOR N4N-CONSENT TOWING OF WRECKED
� DR ABANDON�❑ VEHICLES FROM MULTIPLE VEND4RS REQUIRED BY CITY
QRDINANCE NO. 12924 FOR 7HE POLICE DEPARTMENT
RECOMM�NDATION:
!f is recommended that the City Council:
�. Authorize contracts for non-conse�t towing of wrecked or abandoned vehicles from multiple ver�dors
as reqtaired by C�ty Ordinance No. 12924 (see attachm�nt "A" fo�- a list of current Wendors); and
2. Authorize the car�tracfs ta begin Octob�r 16, 2001, and expire October 15, 2QQ2, W�tI1 0}��i0i15 t0
renew for four successive one-year periods.
DiSCUSSiON:
City Ordinance No. 1 Z924 regulates non-consent towing within the City requiring com�anies desiring to
perfarm non-consent towing for #he Police Department #o execute a contract with the City.
There are three types of contrac#s: thase for standard tow trucks, tilt bedlrollback tow trucks, and
tandem tow trucl�s. Participating wrecker com�anles are licensed under Articl� V, Wreckers, af Chapter
34, Vehicles for Hire, of the Code of the City of For� Wor#h. The fees for services td b�e prov�ded and
assignment to one of four zones are the same as contained in the ordinance. The estimated
expenditure for these services is $1,'{ 40,400 per y►ear.
Contracts will be executed witi� any ve�dor desiring to perform non-consent towing that meets the
contract requ9rements such as towing operat�ons being a vendors primary business, equipment
specificatians, insurartce, and a local licensed starage facility.
BID TABUL.aTION -� See attached "5�rvice Fee Schedule".
M/WBE - A waiver of the goal for MIWBE subcontracting requireme�ts was requested by the
Purchasing Divisian and approved by t#�e MNVBE Office because #he purchase of serviees is from
sources where subcontracting or supplier opportunities are negligible.
REN�WAL OPTIQNS - These contracts may be renew�d for up t� four s�ccessive o��-year terms at
the City's option. ihis action �does not require specific C�ty Council a�proval, provided that the City
Council has appro�riated su�fici�nt funds to satisfy the City's ohligations during the renewal term.
������OQ� �����
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DATE REF�RENC� !'�IUME3ER LOG NAN�� PAGE
� oi� �la� P�9�77 I - - aao� -oa� fi 2 of 2
su�a�Ecr AUTHORIZATfON OF C4MTRACTS FOR NON-COMSE T TOWING OF WRECKEQ
� OR ABA,N�ONED VEHfCLES FROM MULTIPL.E VENDORS REQUfRED BY C1TY
. ORD1hiANCE NO. �2924 F4RTHE P�C��ICE DEP/1RTMENT _
FISCAL 1NFORMATIONICERTI�lCATiON;
The Finance Dire�tor certifies tha# funds are avaifable i� the current operating budget, as ap�ropriated,
of the Ger�eral F'und. _
CB:n
BQNI01-Q316IKDK
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Snbmitt�d for City Manager's
Office by;
Gharles 8oswell 8511
Originating Department Head:
Jim Keyes
Additionai In%rmatian Contact:
85I7
FUNII � A��OUNT �
��a)
(f,rom)
CENTEit I AMOUNT
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Robert �ombs 8357 � � !
CITY SECRETARY
A���ov��
CiTY C�Ui��fL
�CT 23 1001
�.�4 ��
Giiy Serrataiy oE ttie
Ci►v of Fort �lUarth. Taxa.a