HomeMy WebLinkAboutContract 27420. � ;,
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CIiY ��C��iq�Y
��.NTRRCi iV� . � � ,_ �-
�ONTRACT FOR TOW TRUCK SERVICE
(STANDARD SERVICE)
WHEREAS, the City of Fort Worth occasionally requires the service ofi
tow trucks; and
WHEREAS, such tow trucic services are necessar� to protect the safety
of the citizens of the City of Fort Worth,
NOW, THEREF�RE, KNOW ALL BY THESE PRESENTS;
The City of For� Worth, h�reinafter referred to as "Ci�y", acting herein
by and through Libby tiVatson, its duly authorized Assistant City Manager,
and T�evin M. Cain and Hea��nan Garcia lndividuallv awlled and dba Ea�le
Towin� and Recovery her�inaf�er referred to as "Company", acting herein by
and through T�evin M Cain anc� Herman Garcia, its duly authorized �wners,
agree as follows:
1.
SERV�CES
City hereby contracts with Company ta provide police pull towing
service. As used herein, "policc pu11" shall mean that the Fort Worth Police
; Department has called Company fraln the rotatzon lis� to eitller remove a
wrecked or disabled vehicle or to remove a vehicle in a safe driving condition,
bLlt the owner is not present, able or peranitted fo driv� or to n�alce
�L1�ilOT'1Z�t10ri5.
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The ternl of' this contract sha11 be for a period of �welve (12} mon�hs
from the date of its execution, witll �our optiai�s to renew for terms of one year
each, unless earlier terinina�ed as hereinafter provided. Renewal shall occur
upon Gity including in its budget for the optzons years sufficient funds to pay
for its obliga�ions �ereunder and Company providing proof of insurance �o
City.
3.
COMPENSATION
l. Con�pensation. As campexlsatior� far providing t11e services
cont�mplat�d by this Coni�act, City agrees to pay Con�pany as fnllows:
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a) Towae�e. A charge of sixty-fi�e dollars ��65A0) far towir�g such vehicle from
on� point o� a street to another lacatian wifhin t�e corporate �imEts of the city
as directed by the police department at the place where the tow originaied;
such charge i�cludes one haur of e�ra wflr[c.
b) Seconr� #ov+� iruck. � In the event the police officer at the scene determir�es
that a second tow truck is required, a charge of fifty dollars ($50.00} �er ho�r,,
with a minimUm c�arge of one hour, billed in increments of fifteen (� 5}
minutes whiie at th�e scene of the police pull. The use� of a second tow truck
s�all be ap�ara�ed E�y a police supervis�r. Tra�e! time is excluded.
c) Extra work. An additianal charge of f�fty dollars ($5�.00} per hour, with a
minimum c�arge of one hour, charged in increments ot fifteen (15j minutes,
for removing �ahic[es which are off the street right-of-way, such charge to be
made from the.time the operator begins to rema�e the vehicle until it is on the
traveled por�ion of the stre�t. Even thougt� t�e veniele is within the street
right-of-way, an additional charge may be made if the �ehicle is located in
some unusuai conditian within the right-of-way, suc�t as, but not I�mited ta, a
ri�er or a creek bed or a diich of gr�ater depth tF�an the ordinary bar ditch.
Ext�a work shall only b�e allowed when aufhorized by a police officer at the
scene of the pulL The charges far such extra work shall be reviewed and
ap�rov�d by #he Auto Pound Wrecker Administrator. Ex#ra work excludes
travel t[me, waiting time and clean-up time.
d) Use ofi a dollv. No additiona[ fee shall be charged for the use of a dolly.
e) Handlina hazardous rnaterials. When the cargo af any motor vehicle ar
� trailer includes exPlosive, nuclear, radioactive, hazardous or corrasive
materials, as c�efined by the Environmental Protection Agency, Texas
Department of Transportation, or the Texas Nat�ral R�source Conservation
Commission, a fee equal to one hundred-fifty (�50) p�rcer�t of the char�es
which may b� assessed �ursuant to subparagraph "a" above. In addition, a
charge may be made for expenses incw�red related to pratective clothing and
� any oth�r supplies or equipment used in handiing such materiafs, such
charge �eing equal to the actual amounts incurred plus fifteen (15} percent.
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f� Nothir�g c�nta�nec# herein sha[I be construed so as to obfigate Cify to expend
any sums of money. Further, nothing conta�ned herein shall be canstrued so
as to guarantee to Comparty that City will contact Company for any tawing
ser�ices contem.plat�d by ih�s Contract.
2. Invoicina and Pa�ment, Company shall Ir�vaice City onee per month.
Gompany shall inc[ude,with the invoice such dacuments as may.be reasonably
requestec� to provide evidence of ihe services prov�ded to the City, wt�ich at a
minimum shal! inc[ude copies of the wrecker selection farm si�n�d by the afficer
ai the scene of the �o1ic� pu11 and/or �ersonnel at the Fork Warth Auto Pound.
Such invoice shall be sub�ect to the review and ap.proval of appropriat� City
persQnnel. City shafl remit payment to Comparry noi more than thErty {30) days
fallawin� approval of invaice.
4.
VEHICLE A�ID EQUIPMENT REQUiREIVfENTS
Com�any shall maintain at all times the following �ehicles and eq�ipment
in working condition:
a} A minimum o# two (2) wreckers, one of which shall be not less than 14,000
�aunds gross vehicf� weigt�t and one af w�ich shall be not l�ss than 10,��Q0
pounds gross vehjcle r+ve[ght, duai rear wi�eels, equipped with a hydraulic
aperat�d winch, winch �ines, and a boom rated at not less than S,Q00 pound
lift capacity and a wheef fift device rated at not l�ss tnar� 2,50D pounds.
�) At a miriim�tm, a11 wreckers shall be equi�ped with the fa[lowing e�quipment,
which at a!I times shail be maintained ir� working arder:
4
1)
2)
3)
4�
5)
V)
7}
Tow bar
Towing lights
Emergency overhead warning IigY�ts (red or amber color an[y}
5afety chain
Fire extinguisher, A.B,C. Type
Wreckin� bar
Broom
3
S
8)
9)
1 Q)
1�)
"12)
Ax
Shovel
Refleciors or traffic cones
Trash conta�ner
Two way voice or computer communication between taw truck
and Gor�pany dispatcher .
13} Backing warning signal
14} Whe�;l aE�ocks
c} Each tow fruck shall have permanentfy inscribed on each side, ofi the vehicle,
in letters of not less than three {3} inches in heigl�ta the name, ad�ress and
ielephane number of the company. Magnetic or other fiorms af rema�abfe signs
are pro#�ibited.
d) Each tow trucEc and fhe required equipment sha[1 be [nspected by the Cf�ief of
Police or h�s authorized designee prior to being used for se�vices contem�lated
by �his contract. In addition, each tow iruck at�d the required equipment shall be
sub�ect to intermittent inspection to assure compEiance with this contraet.
�.
INSURANGE REQUIREMENTS
Campany shaE! ma�ntain insurance from ir�surers acceptabfe to Ciiy of the
folEowing types and amounts:
5.� Commercial General �iabil�ty
$500,000 each occurrence
$500,000 aggregate
or
5.2
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This coverage shaif include all �ehicles ow�ed ar non-awned that
are aperating uncier Company's operating authority.
4 •'
Garage Liability
$500,000 each accid�nt, other than auto
$500,000 aggregate
�lutomabile Liability
$50Q,000 each accident, cambir�ed single limit
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5.3 �argolOn�Hoo�
$30,000 per unit
Coverage sha11 include bot� fh� unit being tow�d and its contents.
Units covered si�al� include but not be limi�ed to motor vehicles,
trailers and boats. Coverage shal[ be written an a direct primary
basis.
L� 5.4 GARAC�K��P�R'S i�I/�BILIiY
$30,000 per unit
5.5 Wor�er's Compensafiot�dAccident [nsurance
Goverage shall meet the miriim�m require�ents of state law as con-
tained in the Motor Carrier Ru{es and Regulations.
5.6 Current insurance certificates shall remain on file with the City during the
term of this Contract. Insurance co�erages may, at th� sole discretion of the Ciiy,
be revisec{ upward upon thirty (��) days prior w�itten natice to Company. Policies
shall be endorsed as follows:
� to �rovide the CEty with a minimum ofi t�irty {30) ciays notice of
cancellation, non-paymer�t of premium, or non-renewal; -
o to c�ver the City as an addiiianaf ir�sured on IiabiEity ir�su�ance polic�es,
�xcept for employer�s lia�ility; and
� to include a waiver of subrogation in fa�or of the Ci�y.
5.7 in the event a state or federal law, ru�e or regulation pertaining to wrecker
service companies operating within th� State of Texas exceed insurance
req�irements specified herein, suc� staie or fiederal law, rule ar reg�lation shall
prevail for the respective ty�e of insurance coverage and/or limit thereof.
C:�
DUTIES AND RESP�NSlBILETlES OF COMPANY
Gompany, during the term af this contract, shail �erfarm the foEfowing duties
,
anci have the folfowing r�sponsit��liti�s:
G
. . ,,
a) Maintain as its primary business the tawing of �e�icies o� trail�rs by wreckers
meeting t�e requirements of paragraphs 4(a) and 4{b) abo�e, uPrimary
bus�ness" sha11 mean that Company rec�ives mare than fif#y per-cent �50%) af
it gross reVenues from the towing of vehicfes and trailers. A[! of campany's
records shall be open ta reasonab�e inspection, both at th� time of executior� of
�his agreement and,at any time durir�g the term hereof, ta verify.campliance
with this condition.
b) Maintain a currently licensed �ehicle storage facility �ocated within ihe corporate
iimits of t�ie City. °Vehic�e siorage faciiity" s�af! mean a facility o�erate� 6y a
person licensed under Article �fi87-9a, Re�ised 5tat,�tes.
c) Maintain business operation twen#y-fo�r {24) hc�urs a day, seven days per
week.
d) Responci to all.cal[s contempla�ed !�y this contrac# wi#hin thirty (30} minutes of
notification, except in extraordinary situations where delay is caused by ice,
snow or ath�r weatn�r related concfitions. In the event Company fails to
respond as required, Gity may nati#y another wrecker company and Com�any
s�alf nat t�e entitled to the compensa#ion ta which it would have been er�titled
had it arrived timely.
e} Natify the City of any change af ownershi�, presicfent or chief executive officer,
or change of address wiihin five (5) business days of any such change.
f) Deliver tY�e mator vehicle being towed to the loeation within the carporate limits
of City designated by the police offieer at the scene of the pulL Delivery sF�a11
be made without de�ay or detour.
g) Fufly cooperate with any in�estigation eonducted by the Gity regarding
complaints aga�nst Company, whether or not sueh compfaints arise out af
ser�ices contemplated by this Contract.
h) Shafl not becom� delinquent in the paym�nt af any taxes due ta City.
i) Shaff not go to any accident scene unless the Company has been called to the
,
scer�e by the owner or operator of a vehici� or an a�tharizeci represeniative of
sam�, ar by the City.
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j) 5ha11 not solicit any wrecker busirtess within the corporat� limits of City at the
scene of a wrecked or disabEed vehicle, regardless of whether the solicitation is
for the putpose of soliciting the �usiness ofi towing, repairing, wrecking, storing,
trading, or purchasing the vet�ic�e.
k) Shall only employ drivers of tow trucics authorized to operate same.
I) Provide the Police Pound personnel with an invaic� at th� tim� the vehicl� is
c�elivered to the Auto Pound together with the signed wrecker selection form fo
be provided.
7.
TERMINATI�N AND SUSPENS�ON
A. This cantract may be terminated ar suspended by City for any of the
following causes:
�. Violation of any term andlor cond�tian specified in this contract.
2. Faifure ta notify the Communicatiar�s Division of the Palice �epartment
within �ifteen (15} minutes fram the time of notificatioh if the Company
will be unable to respond within the thirty {30) minutes �allotted for a
response to a call for wrecker serviee.
3. Permitting a tow truck to be o�erate� by anyone w�ile under the
infl�enc� o� alcohol andlor drugs.
4. Permitting a taw truck #o be operated by anyone whose o}aerator's
Eicense is st�spended:
5. Tra�sferring or assigning any call for service to any other company
6. Any sustained complaint of theft by personnel o� Campany while actin�
in th�ir capacity as employees of Company, wnetner occurring durin� a
police p�ll or otherwise.
7. Any sustained compEain# of threats made by personnel of fhe Company
while acting in their capacity as empfoyees of Company made against
third parties during a police pull or oiherwise.
S. Failing to comply with all directEons of police �ersonnel at the scene of a
police p�ll or ci�ilian employee at the Palice Pound. Company may
request a poliee supervisor to vafidate any suc� direction given.
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9. Fi�e (5� passes within a thirty (30) day period. Pass ir� this paragraph
shail mean Company faiEing to notify the City o# its ir�ability to respond ta
a request #or s�tvice as required by paragraph 2 abo�e.
10.Ten {10} pass�s withi� a thirky (30j day period. Pass in this paragraph
shaEl mean a Company natifying the City of its inability to respond to a
request for se,r�ice as required by paragraph 2 above.
11. Viofation of any rule or regulation cor�taine� in Exhibit "A" attached
�eretn.
12. Failure to comply with any state or federal law or city ordinance related
to the o}�eration of a wrecker company. y=
B. City shall notify Company in writ�ng of its intent to t�rminate or suspend for
cause #wenty (20) days prior to such suspension or terminaiion. Compar�y shall
have ihe right to rec�uest a hearing be�ore the Chief �f Police or his designee
regarding #he intent to terminate or suspe�d for cause by requesting a hearing in
writir�g wiifiin five (5j bus�n�ss days after receipt of notice of intent to terminate or
suspend. A E�earin� shall !�e conducted within fifteen (�5) days of the request for
hearing. The City, in its sa[e � discretion, may temporarily suspend this contract
d�aring any appeals proc�ss.
C. In the event this contract is suspended for cause, the suspension shall be
for a period of time of not fess than six {S) mo�ths nor more than twefve (� 2)
months.
D. In the event City s�spends or terminates this contract for cause, and the
cause for such suspensio� or terminatian is determined to be invalid, Company's
sole remedy sha11 be reinstateme�t of this cantract. Company expressly wai�es
any and all rights to monetary damages, including b�t not limited to actuai ar�d
}�un�ti�e damages, courk costs and attomey's fees.
8.
INDEMNIFIGATION
With regard to any lia�ility wh�ch might arise hereunder, G�ty and Customer
agree that they sha11 be solely and exclus�vely liable for the negligence of its own
agents, servants, subcontractors and employ�es and that neither party shafl look
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doctrine of respondent superior �1ia11 not apply as between the City and
Conzpany, its o�ficers, agents, servants, employees, contrac�ors and
subcontractors, and nothing h�rein sha11 be construed as cxeating a partnership
ar joint venture between the parties hereto.
In wit ess wlaereof, the parties h�reta have executed this Contraci on
the ..��,� day of � , 20�3,�:-
i� �:
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' EST: �'�
;
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a
� �
loria Pear�1, City Secretaxy
CITY �F F4RT WORTH
B . A
��,ibUy V��atson
Assistant City Manager
APPROVED AS TO FORM
A LEGALiTY
�
Assistant City Attorney
ATTEST:
Corporate Secretary
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Cont���� ���h�ri���i�n
/c- - .� � - � 1'
Da�e
I�evin M. Cain and Hennan
Garcia. individually owned
and dba Ea�le Towin� and
Recovery
{Conlpany Name)
B : i�i� �
�
K�in M. ain, O Zer
�
B��
He Zan Gaicia, Owiler
���u��w� ��u��� �.
�' ��� ����� '
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,
� ' EXHZBIT A
Ai3�0 POUN17
The following ru].es and regulation� wi11 b� fol�owed by aIl wrecker companies
upon arrival ar rhe auto pound.
�
I.. The gate wi.l7. not be bl�ciced by wzeekers waiti.ng to enter or exir
the pound. � �
2. No more than rwo�(2} wreckers shall be authorized in the tront area,
for inventoxy purposes, at any one time.
3. No wrecker sha11. enter the pound with more than ane (1} person/opera-
tor, un7.ess auChorized by the on duty sh�.ft supervisor. This wi�l be
dane an a case by case bases.
4. For safety reasons, a car carrier shall be required ra aff load their
cargo when possiBle. This sha11 be determined�by the Qn duty sup�x-
visor.
5. Inventories should be kzandled in an expeditiaus manner when possihle.
However, pound gersonnel are xequired to do a camplete and pxecise
. inven�ory of a7.1, propertp and vehicles. A specific time fzame would
be �.mpossible to institute.
6. Wrecker dri.v�xs slzall noC be al:lowed to drive up �and down the rows,
looking for vehicl.es to reposses for companies said wreckers represent.
7. The use af car carriers, dolJ�ies, extra time, extra equ�pment, etc.,
shall 6e subject to appravaX by the Wrecicer administrator or Pound sup--
ervi�s or .
8. Wrecker operatazs/owners shall be required tc� follow any directions or '
instructions gi.ven by auto pound personnel.
9. Viola�ions of any of Che abave ru�es shall be subject to review i�y th�
Wrecker adminisrrator.
Disc�plinary action may be deter�nzned•by the pound supervisar or a higher
command level.
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C'ity of �o�t �'o�th9 T'e.�cas �
�1 �� A1�� ��i�11�1d �,���L1�1'��I�����f
� .
DATE REFERENC� NUMBER L�G NAME PAG�
� o�� �ro� ��9477 , aaa� -os� s ` � ot 2
SUBJECT �UTHORIZATION OF CONTRACTS FOR NON-CONSENT TOWING �OF WRECKED
�R ABANDON�D VEHIC�ES FROM MULTIP�E VENDORS REQLIIRED BY C�TY
ORDINANCE NO. 12924 FOR THE POLICE DEF'ARTMENT
�ECOMMENDATION: �
It is recommended that the City Council: -
1. Aufhotize contracts for non-canser�t tawing of wrecked or aba�doned vehic�es from multiple vendors
as required by City Ordinance No. 12924 {see attaehment "A" for a list of current vendors); and
2. Authorize the contracts to begin Qcto�er 16, 2001, and expire October 15, 2002, with options to
renew for four successive one-year periods.
DiSClJSSiON:
City �rdinance No. 12924 reg�lates non-consent towing wiihi� the City requiring compa�ies desiring to
perform non-consent towing for the Police Department to execute a contract wifh the City.
There are three types of contracts: those for standard tow trucks, tilt bedlrollback tow irucks, and
tandem tow trucks, Participating wrecl�er companies are licensed under Ar�icle V, Wrecicers, ot Chapier
34, Vehicles for Hire, of the Code of th� City of Fort Worth. The fees for services to be provided and
assignment to one af four zones are the same a� contained in the ordinance. The estimated
expenditure for these services is $1,'! 00,000 per year.
Confracts will be executed with any vendor desiring to perfarm non-consent towing that meets the
contract rsquirements such as towing operations being a vendors primary business, equipment
specifica#ions, insurance, and a lacal licensed storage facility.
BID TA�ULATlON - See attached "Service Fee Schedule".
MIWB� - A waiver of the goal for MIWBE subcontracting requirements was r'equested by the
Purchasing DEvisiort and approv�d by the MIWBE OfFice because the purchase of services is from
sources where subcontracting or supplier opportunities are neg{igible.
R�N�WAL aPTIONS - These contracts may be renewed for up to �our successive one-year terms at
the Ciiy's op#ion. Yhis action 'does not require specific City Council approva�, provided that �he City
Council has apprapriated sufficien# funds to satisfy the City's obligations d�rir�g the renewal #erm.
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DATE REFER�NCE NUMB�R LOG NAME PAGE
� 0/16l01 ' �-�47� � 00�1-�316 � 2 0� 2
su�.��cT AUTHORIZATION OF CONTRACTS FOR N�N-C�NSENT TOWING OF WRECK�D
OR ABAND�NED VEHIC�ES FR�M MULTIP�.E VEND4RS REQUIR�D BY ClTY
� ORD{NaNCE NO. 'l2924 FOR THE POLICE DEPARTM�NT
FISCAL IN�'ORMATI�I�iGERT(FICA�"ION:
The Fin�nce Direetor certifi�s that funds are avaiiable in t�e current operating �udget, as appropriaied,
of the General Fund.
CB:n
BQN/01-03'i 6/KDK
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Snbmitted for City Manager's
Office by:
Charles Boswcli
�riginating Aepartment Head:
Jim Keyes
Additioital Infarmatian Contact:
I FI3ND I ACCOUNT I
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8517 � (from)
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Robert �ombs 8357
CENTER I AMOUfZ'�' C1TY SECRETAItY
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OCT 23 ZD�1
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Ciey 5acretarq of the
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