HomeMy WebLinkAboutContract 27418� , , �.� , �i
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CONTRACT FOR TOW TRUCI� SERVICE
{STANDARD SERVICE)
WHEREAS, the City of Fort Worth occasioilally requires t11e ser�vice of
iow irucl�s; and
WHEREAS, such tow iruck services are necessary �o protect the sa�ety
of the citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL B� THESE PRESENTS:
The City of Fort Worth, hereinaft�r referred io �s "Ciiy", ac�ing herein
by and through Libby W�tson, its duly authorized Assistant City Manager,
and Melanie Jensen individuallv owned and dba �ciion Wrecl�er Service,
her�inafter refen ed to as "Com�any", acting herein by and through Melanie
rensen, its duly au�horized �wner, agxee as �ollows:
I,
SERVICES
City hereby contracts wiih Conlpany �o provide police pull towing
service. As used herein, "police pull" shall mea�1 that the Fort Workll Police
Department 1�as called Colnpany froi�1 the ratation list ta �ither reinave a
j' wreciced or disabled vehicle or to remove a vehicle in a safe driving cond�tion,
but t1�e owner is not �resent, able ar permitted to drive or ta make
authorizaiions.
z.
TERM
The term of this contract shall be for a period of twelve {12) months
from the date of its execution, with four options to renew for ter�ns of one year
each, uilless earlier teriniilated as l�ereina�ter provided. Renewal shall occur
upon City including in iis budget for the options yeas�s sLtfficient filnds to pay
fo�• its obligations l�e�•eunder and Con�pany providing proof of insurance to
Ci�y.
3.
COMPENSATION
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1. Compensation. As coinpensation for providing th� services
contemplated by this Contract, City agrees to pay Company as follows:
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a) Towaqe. A charge of sixty-five doUars ($6�.00} for #owing such vehici� from
ane point or� a s#reet to another focatian within t�e corp�rate (imits af the city
as direci�d by the poiice d�partment at t�e place where the #ow originated;
such charge inc,luctes one hour of exfra work.
b) Second iow truck. • In fhe ev�nt the palice officer at the scene determines
t�at a seconc! #ow truck is re�uired, a charge of fifty dollars ($5a.00) per hour1
t+vjtt� a minimum charge of one hour, billed in increme�ts of fifteen (15)
minutes while af th"e scene af the police pull. The use. of a secor�d tow truck
shall be approved by a pvfice supervisor. Travel t�me is exciuded.
c) Ex#ra work. An addEtiona! charge of fifty dafiars ($50.00) per hour, wiih a
minimum charge af one i�our, cfi�arged in increments of fifteen (�5) minut�s,
for removing �ehicles which are off the street righ#-of-way, such charge io be
made from the.time the operator begins to remove the v�hicle until it is on tY�e
traveled portion of the streei. Even tho�gf� the �ehicle is within ihe street
, right-of-way, an additional ct�arge may be made if fhe vehic�e is Iflcafed in
some unusual eondition within the right-of-way, such as, but not limited to, a
river or a creek b�d or a ditch of greater depth than the ordinary bar ditch.
Extra work sha11 anly be allowed when auth�orized by a�alice officer at the
scene of the pull, The eharges �or such extra work shal! be reviewed and
approved by the Auto Pound Wrecker Administrator. E�ctra work exclu�es
trave) tim�, waiting time and el�an-up time.
d) Use of a dofEv. No additional fee shall be charged for the use of a dally.
e) Handiina hazardous materials. When the cargo of any motor vehicle ar
traifer includes explosi�e, n�ciear, radioactive, hazardous or corrosive
materials, as d�fiined by the Environmentai Protection Agency, Texas
Department of Transporkation, ar the Texas Natura! Resource CQnserva#ion
Commissian, a fee equal to one hundred-fifty (150) �ercent of the charges
wE�ich may 6e assessed pursuant to su[apara�raph "a" abav�. �n addi#ion, a
charge may be made for expe�ses incurred r�lateci to proteetive clathing and
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any other suppl�es ar equipm�nt used in handling such materials, such
charge being equal to the actual amaunts incurred plus fifteen (15} p�rcent.
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f} Nothing contained h�rein s�a11 be construec� so as tv obligate City to expend
any sums of money, F�rth�r, nothing contained herein sF�alf be construed so
as to guarantee to Company thai City wiil contact Company for any towing
services confem�lated by this Contrac#.
2. fnvoicEnq anef PaCrmen#, Companv shall lnvoice Gitv once ner month_
Company sha11 incluc�e,with the in�oice such docum�nts as may_be reasonab(y
reqtaested #o pravic�e evidence of the s�tvices provided to th� City, which at a
min�mum shal! include copies of the wrecker sefection fvrm signed by the officer
ai the scene of the Palice pull and/or personnel at t�e Far� Worth Au#o Pound.
SucY� invoice shall be subject to the review and ap,�roval of appropriate City
persQnnel. City sF�all remit payment to Company not more than thirty (30) days
#ollow[ng approval of invoice.
4.
VEHIC�E AND EQUIPMENT REQUIREMENTS
Company shall maintain at al� times the following v�hicles and �quipment
in waricing eondition:
a) A minimum of twQ {2) wreck�rs, o�e of which shall be not less than 14,000
pounds gross venicle weight and one of which shaEl be not less thar� � O,ODO
pounds gross �el�icle weight, dual rear wY�eels, eauipped with a hydraulic
operated winch, wrr�ch lines, and a boom rated at no# less than 8,000 pound
iEft ca�acity and a wheel lift der�ice rated at not less than 2,5D0 pounds.
b} At a minimum, all wreckers sY�all be equi�ped with the fallawing equipment,
which ai all times sha{l be maintained ir� warking order:
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1)
2)
3)
4}
5)
6}
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Tow bar
Towing lights
Emergency overhead warning lights (red or ambar co�or nnly)
Safety ct�ain
Fire extinguisher, A.B.C. Typ�
Wrecking k�ar
Broom
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9)
10)
1j)
12)
Ax
Shoue[
Reflectars or traffic cones
Trash container
Two way voice or computer commUnicaiian between tow truck
and Cor�pany dispatcher ,
13} Backing warning signai
14) Whee! chocks
c) Each tow truck sha11 ha�e permanent[y iriscribad on each side of th� vehic[e,
in letters af not iess than three (3) iriches in heigl�i the name, a�dress and
telephone number of #h� company. Magnetic or other forms of remo�a�le signs
are prohibited.
d� Each tow truck and the required equipment shal{ be inspected by the Chief of
Pofice ar his authorized designee prior to being used for services .contemp[ated
by this c�ntract. fn addition, each tow truek a�d the required equipme�t sf�all be
sub�ect to in#ermittent inspection to assure compliance with thEs contract.
5,
INSURANCE REQUIREMENTS
Com�any shall- maintain insurance from insurers acceptable to City of the
fol[owing types and amo�nts:
5.1 Commercial Cen�ral Liability
$500,000 each occurrence
$50D,QOD aggregate
5.2
or
�arage �iability
$5fl�,000 each accident, other than au#o
$500,OD0 aggregate
Automobile Liability
$500,000 each accident, combin�d sing[e limit
Tt��s caverage shall includ� a1i vef�icles owned or non-awned that
are operating under Company's operating autharity.
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5.3 Ca�gol�n�Hook
$30,000 per t�nit
Caverage s�all incluc�e both the unit being #owed and its cantents.
Units covered shall includ� but noi be limited to motor vehicles,
trailers an'd boats. Cvverage shall be writter� on a direct primary
t�asis. ,
5.4 �AR�4G�KE�P�R'S �IA�lLIiY
$30,000 per unit
5.5 Worker's CompensationlAccident Insurance
Cov�ra�e shall meet the minimum requirernents o# state law as con-
tain�d in the Motor Carrier Rules and Regulations.
5.fi Current insurance certif�cates shall remain on file with the City durirtg the
term of this Cantract. Insurance caverages may, at the sole discretifln of t�e City,
be revised upward upon thirty {30) days prior written no#ice to Campany. Policies
sha11 be endorsed as �ollows:
� to provide #he City with a mi�imum of thirty (30) days notice ot
cancelEaiion, non-payment of premium, or non-renewal; �
� ta cover the City as an addi#ional ir�sured on liahility insurance policies,
except for employer's liability; and �
� to include a waiver ofi subrogaiion in favar of the City.
5.7 in tne event a state or federal law, rule or r�gula�ion pertaining to wrecker
SECVIC� companies operating within #he State of Texas exceed insurance
requirements specified herein, suc� state or federal law, rufe ar regulation snall
pre�ail for tF�e respect�ve ty�e of insurance coverage andlor limit th�reof.
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DUTIES AND RESPONSIBILITIES �F COMPANY
Company, during the term of this contract, shall perform the follawing duties
� and �ave the fo[lowing respons�biiities:
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a} Maintain as its primary business the towing of �e�icles or trailers by wreckers
meeting the requirements of paragraphs �4(aj a�d 4(b) abave. "`Primary
busaness" shafi mean t�at Company receives more than fifty per-eent �50%) of
.
i� gross revenue� from the fowing of vehicies and traiCers. A�{ of company's
records sha11 be open to reasanable inspection, both at the time of execution of
this agreement and ,at any time during the term hereaf, to verify. compfiance
with th�s condition.
bj Mainta�n a currently licensed vehicle storage facilify located within the corporate
limits o# the City. "Vehicle storage facility" st�all mean a facility operated by a
person licensed under Arficle 6687-9a, Re�ised Sfat,utes.
c) Main#ain business operation twenty four {24) hours a day, seven days per
week. �
d� #��spand ta ail, calls contempla#�d by this contract within thirty (30) minutes of
notification, except in extraordinary situations wher� delay is caused by ice,
snow or other weaiher re�ated condifions. 1n ti�e event Campany fails ta
res�ond as required, City may notify another wrecker company and Company
shall not be entit�ed to the compensatian to whicF� it would have been entit[e�l
had it arrived timely.
e) I�otify the City of any change of ownership, president or chief executive officer,
or change of address within five (5) busir�ess days of any such change.
f} Deliver the motor vehicle being towed to the locafion within t{�e cor�vrate limits
of City designat�d by the police officer at the scet�e of the pul1. Delivery sha�i
be mad� without �fe}ay or detour.
�) Fully coo�e�ate w�th any investigation conducted by the City regarding
complaints against Cornpany, whetf�er or not such eompCaints arise out af
services contempiated by this Contract,
f "�.
h) Shall not become deGnquent in the payment of any taxes due to City.
i} Shall nat go to any accident scene ur�less the Company has heen calfed to the
,
scene by the owner or operator ofi a vehic{e or a� auti�orized representative of
same, or by the City.
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j) Sha�l nat svl9cit any wrecKer business with9� the corparate limits of City at the
scene of a wrecked or disabled �ehicle, regar�less of whether the soficitation is
for the purpose ot solicit�ng the businass of towit�g, repairing, wreeking, storing,
trading, or purc�asing the vehicle.
k� Sha11 only emplay drivers of.#ow truc�Cs authorized to operate same.
[) Pro�ida the Police Pound personneE with an invoice at the time the vehicle is
delivered to the Auto Pound togeth�r wit� the signed wr�cker s�lectian fomn to
b� pro�ided. �
7.
TERM[NATl�N AND SUSPENSION
A. T�is contract may �e terminated ar suspended by City #or any of the
fol[owing causes:
1. Violation of any term andlor car�ditian specified in this cantract.
2. Fai[ure io natify the Communications Di�ision of the Pofice Depar�ment
witF�in fifteen (15) minutes from tF�� time of notifiicatio� if t�� Company
wi[I be unab[e to respond within the tt�irty (30) minutes allof�ed far a
respo�se ia a ca[I far wrecker service.
3. Permifting a iow truck to be operated by anyone while under the
influence af alco}�a! andlar cirugs.
4. Permitting a tow tr�ck to be operated by anyone whose opera#or`s
liee�s� �s suspended:
5. Transferring or assigning any call for ser�ice to any other company
6. Any sustained complaint of theft by personnel of Compa�y wl�ile acting
in th�ir capacity as employees of Company, whet�er occurring during a
police pull ar otherw�se.
7. Any sustained compfaint of threats made by personnei of the Company
while acting in their capacity as employees of Com�any made against
third parties d�aring a police pull or otherwise.
8. Failing to camply with all dir�ctians of police personnel at th� sc�ne af a
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police pull ar eivilian employee at the Police Pound. Company may
request a�alice supervisor to vafidate any such direction gi�en.
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9, Fir�e (5) passes withir� a#hirty (30j day perioc�. Pass in this paragraph
shall mean Company failing to no#ify the City of its inability to respond to
a request for senrice as required by paragraph 2 al�ove.
10, Ten (10) .passes within a ihirty (30) day periad. Pass in this paragraph
shaEl mean a Com�rany noiiiying the Ciiy of its inability to respond tc� a
request for se,rrrice as req�tired by paragraph 2 above.
11. Violation of any rule or regulation cor�tained in Exhibit "A" attached
hereto.
� 2. Faifure to campEy with any state ar federal law or ciiy ordinance related
to the op�ration of a wrecker company. ��
8. City sYtall notify Company in' writing of its inter�t to terminate ar suspend for
cause twenty (20) days prior tfl such suspensian or terminatio�. �ompany shall
have the right to �'equ�st a hearing before the CMief of Pal�ce or his d�signee
regarding #he intent ta terminate or suspend far caus� by requssting a hearir�g in
wri#ing witfi�n five �5) business days after receipt of notice ofi intent to ierminate or
suspencl. A hearing sha{! be conducted within fif#een (15) days of the request far
hearing. The City, in �ts sole�discretian, may temporarily suspend this contract
during any appeals pracess.
C. In the event this cantract is suspended for cause, the suspension shall be
for a period of time c�f not less than six (6} months nor more than twelve (12)
montF�s.
D. In the event City susp�ends or terminate5 this contract for cause, and tF�e
cause �or such suspension ar terminativn is ciete�mined to be invafid, Company's
sole remedy shall be reinstatement of this contract. Company expressly waives
any and all rig�ts to monetary damag�s, including but nat limited to actual and
punitive damages, court costs and attomey's fees.
E:�I
INDEMNIFICATI�N
With regard to any liability which might ari�e her�unc�er, Ciiy and Customer
h
agree ihat t�ey sha11 be solely and exclusively liahle �or the negGgence o� its own
agents, servanis, subcantractors and employees and that n�ifher party shail look
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to the otner party to sav� or hoEd it harmiess for# he conseq�ences of ar�y
negiigence on the park of ane af its awn agent, senrant, subcontractor or
employ�e, Nothing contained herein sha11 be construed to be a wa�vet by City of
any rigi�t of protection which it enjoys under a�piicable State or Federa! law.
' 9.
ASSIGNMENT
Company shafl not assign, trar�sfer or �sublet this Contract or any porkion
hereofi to any party without the prior writt�r� cansent of City which shall not be
unreasonab�y withheld. Any s�ch assignment, trar�sfer ar su�letting of this
Contract without the consent o# the City sf�afl be voj,�i and shall operaie as a
terminatian her�of.
10.
Z�N�S ANQ ROTATI�N LfST
A. City shall divide ihe city inta fo�r (4� zon�s which shafl correspond to the
four (4) patrol diuisions. Company shafl be assEgned to the zane or an adjacent
zone in which if maintains �ts prmcipal place of business.
B. City shall create a rotatian fist�within each af the #our (Q�} zones t�at wil{
dictate the order in which wrecker companies are �contacted.
C. City may request Company to conduct a pofice }�ull within any zone, and
Campany agrees to use its b�st effort� to arrive at the scer�e of the police tow
withir� thirky (3q} minutes.
'[ 1.
INDEPENDENT CONTRACTOR
It is understood and agreed by t�e parties hereto that Co�npany sha11
perforrn aIl work an� services hereunder as an i�dependent contractor, and r�ot as
an offic�r, agent, servant or employee of the City. Company sha[I have excfUsive
control of and the �xclusi�e right to control t�e details of the work or service to be
performed hereunder, ar�d all persans p�rforming same on behalf of Company,
,
and shall be solely respansible for the acts and omiss�ans of its officers, agents,
servants, employe�s, contractors, subcontractars, licensees and invitees. T�e
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, doctrine of respondent superior sha11 noi a�p�y as Uetween the City and
Company, its ofiicers, agents, servailts, e�nployees, connactoY-s and
subco�ltractors, and ilothing herein shall be construed a� creating a partnership
or joini venture between the parties hereto.
Tn witne s whereof, the arties hereto have executed this Contract on
the .��� day of ��/� , 20 0�
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AT �ST: � -- �l
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loria Pearson, City Secreta�y
APpRovED �s To Fo�
AND LEGALITY
��
Assistant City Aftorney
„
CITY FORT W�TH
B � � � � ���
Y, _
���i�by W�t�oi1
Assistant City Manager
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Cor�tr��ae� ��HA��.���ion
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Melanie Jensen Individually
nwned dUa Actioil Wrecicer
S�rvice
ATTEST:
Co��porate Secretary
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(Co�npany Name)
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By: _
Melani� rensen, O er
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Au�o �ourrnn
The follnwing rules and regulatio�s wi�l be fall.owed by al1 wxecker companies
upon arrival aC the auto pound.
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].. The gate wil� not be blocked by wreckers waiting to enter or exit
the pound. � �
2. Na mare than two�(2) wreckers shall be authorized in the frone area,
for inve�tory purposes, at any one time.
3. No wzecker shalZ en�er the poc�nd wzth moze tizan ane (I) person/opeza-
tor, unless authori.z�d by the on duty shift supervisor. This wi�1 be
dane on a case by case bases.
4. For safety x�asons, a car car�ier sha11 be requi�red ta off load their
cargo when passible. This shail be determin�d'by the on duty supez-
�i.sor.
5. Inventories should be hand].ed i.n an eacped�.ti.ous manner when possihJ.e.
HOW(:V2r� pound personnel are �equ�.red to do a complete an:d precise
. inventory of al�. property and vehicles. A�specific time frame wauld
be iiupossible to institute.
6. Wrecker dr�.vers shall nat be allowed to�drive up�and down rhe rows,
laoking for vehicles to reposses for campanies said wreckers reQresent.
7. The use of car carriers, dollies, extra time, exera equipment, etc.,
shall be subject to approval by the Wreckar administrator or Paund sup--
ervisor.
8. Wreckez- opezatazs/owners shall be required Co follow any direcCions or
instructions gi.ven by auto pound personnel.
9. Violations o� any of the above xules shal]. be subject to review by the
'Wrecker admin�srrato�.
Disciplinary action may be determined by the pound supervisor or a higher
command level.
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Ciiy of �'ort �''o�ih, T'e�as
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DA7E R�FERENCE NUMB�R LOG NAME PAGE
_ 10/16/01 ����77 � 000'�-0316 1 9 of 2
sue��cT AUTHOR�ZATI�N O� CONTRACTS FOR NONWCONSENT T4WING OF WRECKED
- OR ABANDQN�D VEHICl�ES FROM MULTIPLE VENDORS REQUIRED BY CITY
�RDINANCE N0. '1292�4 FOR TH� POLICE DEPARTM�NT
RECOMMEN[3ATION:
It is recommended that the City Cour�cil:
1. Autho�-ize contracts for non-consent towing af wrecked ar abandoned vehicles f�om multiple vendors
as requir�d by City Ordinance No. 12924 {se� aitachment "A" fior a list of current vendors)�; and
2. Authorize the contrac#s to ��gin Octo�er 16, 2001, a�d expire 4ctaber 15, 20fl2, witfi� options to
renew for four suecessive or�e-year periads.
D15CUSSION:
City Drdinat�ce No. 12924 regulates non-consent towing within the City requiring companies desiring to
p�rform non-consent towing for the Police Departmer�f to execute a contract wit� the City.
There are ihres types of cantracts: t�ose for standard tow trucks, iilt bedlrol��ack tow trucks, and
tan�em tow trucks. Partic�pating wrecker companies are licensed under Article V, Wreekers, of Cha�ter
3�4, Vehicles for Hire, of tF�e Code of the City of Fort Worth. The fees for services to be provided and
assignment io one of four zones are the same as co�tained in the ordinance. The estimated
expenditure fior these s�rvices is $1,100,OOD per year.
Contracts wiH be executed with any vendor desiring to perform non-conseni towir�g that meets the
contract requirements such as towing operatior�s being a vendors primary business, equipment
specifications, insurance, and a locaf licensed storage facifity.
Blp TABULATION � See attached "Service Fee Schedufe".
MIW�E - A waiver of the goal for MIWBE s�bco�tractir�g requirements was requested by the
Purchasing Division a�td appro�ed by the MIWBE Office beeause the purchase of services is from
�ourees where subcontracting or supplier opportunities are negligible.
R�NEWAL OPiIONS - These contracis may be renewed for u� to four successive one-year terms at
the City's option. This action does not require specific City Counci[ appro�al, provided that ihe City
Council has appropriated sufficient f�nds to satisfy the City's obligations during the renewa{ term.
��������� �'�C��?D
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I! L�o ����I�C•�I�Q ��lluo
�i�y of ���� �or��i9 �''e.�us
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DATE REFER�NCE NUMBER LfJG NAivt� PAGE
� 0/� 6/0� �-9�7� � QOD1-�316 � 2 of 2
sua��cT AUTH�RiZATiDN OF CONTRACTS FOR N�N-C�NSENT TOWING OF WRECKED
OR ABANDONED VEH�CLES FROM MULTlPL.E VENDORS REQUiRED BY CITY
ORDINANCE NO. '[2924 F�R THE POLlCE DEPARTMENT
�ISCAL fNFORMATI4NICERTIFlCA�f'lU�i;
Th� F'inance Director certifies that funds are available in tne cutrent operating b�adget, as appropriated,
of fhe General Fu�d.
GB:n
BQN/01-031 B/KDK
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Submitted for City Manager's
Of�ice by:
Charles Baswell
Origina#ing �epartment Head:
Jim Keyes
Additional Information Contact:
Rabert Cambs
I FIJND � r�,CCOUN'I' I
f (to}
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sst7 � (�rom)
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CEIIITER I A�^IDiJNT CIT'Y SECR�TARY
A���O'��n
ClTY C�UNGI�.
OCT 23 �fl01
� 4 �M/+^�
City Secretary at the
Citv nf Foxt Worth. Texas