HomeMy WebLinkAboutContract 27421�) ° ;I� i �� ,
LITY ������q��►
�QNiRAC� R,�, _
- CONTRAGT FOR TO�V TRUCK SERVICE
� {STANDARD SERVICE)
WHEREAS, the City of Fort Worth occasionally requires the ser�ice oi
tow trucks; and
WHEREAS, such tow truck services are necessary to protect t11e saf�ty
of the citizens of the Ciiy of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Warth, hereinaf�er re�erred to as "City", acting herein
by and ihrough LibUy Watson, its duly authoriz�d Assistant City Manager,
and TP Motor Ltd, dba Fo�t Worth Wrecker Service bv Mav'� Rose Coi-�,
it's General P�rtner, thereinafte� refer-�ed to as "Company", acting herein by
and th7rough Tuven C N�uven ,. its duly authorized President, agree as
follows:
l.
SERVICES
City hereby contracts wi�h Company to provide police pu11 towing
service. As used herein, "police pull" shall n�ean that �11e Fort Worth Police
; Department has called Con�pany from the �otation list to either remove a
wreciced ar disabled vel�icle or to renlove a vehicle in a safe driving conditioza,
but the owner is not present, able or permitted ta dri�e or to malce
authorizations.
2.
TERM
The ternl of ihis coniract shall be for a period of tw�lve (12) mol�ths
from the date of its execution, with four options to renew for tenl7s of one year
each, unless earlier terminated as 1lereinafter provided. Renewal shall occur
L�pon City incltiiding in its l�udget for the options years sufficient funds to pay
for its obligations hereunder and Company providing proof af insurallce to
City.
3.
COMPENSATION
1. Compensation. As compensation for providing the 5�T�1C�5
; contemplated by tl�is Contract, City agrees to pay Coi�paily as follows:
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ay Towat�e. A charg� of sixty-five dollars ($65.OD) for towing suci� ve�icle from
one point on a street to anather loc$tion within the carporate limits of the ciiy
as directed by the police department at the place where the tow originated;
such charge in�ludes one hour of extra work. �
b) Second tow truck. ' In the e�ent the poEice officer at the scene determ�nes
that a second �aw truck is required, a charge af fifty doilars �$50.00) per haur�
with a minim�m charge of one hour, billed in increments of fifteen (15)
min�tes wl�ile at the scene of the police pull. The use� of a second tow truck
shall be a�}�roved by a pofice supervisor. Tra�el time is excluded.
e) Extra work. An additional charge of fifty dollars ($50A0) per hour, with a
minimum charge of one ho�r, char�ed in incrernents of fifteen (15) minutes,
for removing ve�icles w�ich are aff the sireet right-of-way, such charge to iae
made from the.time the operator begins to remove the vehicle unt�1 it is on the
traveled por#ion of tY�e street. Even though the vehicle is within the streei
right-of-way, an ad�litional charge may be made if the vehicle is locat�d in
some unusual conditian witf�in #he right-of-way, such as, but noi fimit�d to, a
river or a creek bed ar a ditch af greater d�pfh than th� or�inary bar d�tch.
Extra work shall anly be allowed when autharized by a poEice officer at the
scene of the pull. The charges for sucl� ex#ra work shall be reviewed and
a�provec{ by #�e Auto Pound Wrecker Administrator. E�ra woEk �xGfudes
travel time, waiting time and clean-up time.
c{) Use nf a doifv. No additiona� fee shalf be charged for ti�e use of a dolly.
e) Handlina hazardous materials. When the �arga of any motar vehicle or
� trail�r includes explasive, nuclear, radic�active, hazardous or carrasive
mat�rials, as defined by the Envirar�mental Protectian Agency, Texas
Department of Transportation, or the Texas Natural Reso�rce Gons�rvation
Commission, a fee equa! to one hundred-fifty (150) perce�t of th� cf�arges
which may fae assessed pursuant to subparagraph "a" above. lr� addiiion, a
charge may b� macie fior expenses incurred related ta protective clothing and
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any other supplies or �quipment used in handling s�ch mat�rials, sUch
charge being equaf to tha aet�al amounts incurred plus fifteen (� 5} percent.
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f) Nothing contairted herein shail be construed sa as to obligafe City to expend
any sums of money. Further, nothing contained herein shaEf be construed so
as to guarar�tee to Campany that City wilf contact Ct�mpany fior any towing
services contem.plated by this Contract.
2. lnvoicinq and Pa�rmen#. Company shall Invoice� City once per month.
Company snall include,with the in�oice such documents as may,be reasonably
requested to pro�ide evidence of the ser�ices provided to the City, which at a
min�mum shall inclu�e� copies of the wreck�r selectian form signed 6y t�e officer
at the s�ene of t�e police pull andlor persannel at #he Fari Worth Auto Po�r�d.
Such in�oice shal� b� subject to the review and ap.proval of appropriate City
personnel. Ci�y shall remit paytnent to Company not mare than thirty (30) days
following approval of invoice.
C!
VEHICLE ANQ EQ�lIPMENT REQUIREME�VTS
Company shall maintain at all times the following vehicles and equipment
in working conditian: :
a) A minimum of two (2) wreckers, one of which shall tae nat less thar� 14,000
pounds gross ve�icle weight anci one of which shall be not less than 10,0�0
pouncis gross vehicle weight, dual rear wheels, eqUipped with a hydraulic
apera#ed winch, wirtch fines, and a boom rated at noi less than 8,000 pounci
lift capacity and a wY�ee1 lift dewice rated at not l�ss than 2,500 pounds.
b) At a minimum, all wreckers shall �e equipped with the falfowing equipment,
which at al! times shali be maintained in warking orc{er:
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2)
3)
4)
5}
6}
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Taw bar
Towing lights
Emergency overhead warning fights (rec� ar amber color oniy)
Safety chain
Fir� extinguisher, A.B.C, Type
Wrecking bar
Broom
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8)
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12)
Ax
Sho�el
Refl�ctors or #raffic cones
Tra�h container
Two way �oice or computer communication [�etween tow truck
and Corppany dispatcher ,
13) Backing warning signal
1 �4) Wheel �chacks
c} Each tow truck sf�al[ hav� permanently inscribeti on each side of the v�hicle,
in letiers of noi less than three {3) inches in heigl�t, the �ame, addr�ss and
tef�phane number of the company. Magnetic or other forms of rema�able signs
are prot�ibited.
d) Each tow truck and the required equipment shall be inspec#ed by the Chief of
Pofice or his authorized designee prior ta being us�d for servic�s contemplated
�y #his contract. I� addition, Each tow truck ar�d the required equipment shall �e
subject io intermittent insp�ction to assure campliance with ihis contrac�.
5.
{NSURANCE REQUIREMENTS
Campa�y shall maintain insurance from insurers acceptable to City of the
following types and amoun�s:
5.� Commerc`ral General Liabifity
$50�,OQQ eaeh occurrence
$500,000 aggregate
5.2
are operaiing under Company's operating authority.
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or
Garage Liahifity
$5Q�,000 each accident, other tha� auto
$5�a,0a0 aggregate
Automobile i�iability
$500,000 aach accident, combined single limit
TFris coverage shall include afl �ehicles awned or non-owned #hat
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5.3 �argolQn�Hook
$3�,000 per unit
Coverag�e shalE include bath the unit being towed and its contents.
Units : covered shall inclu�e �ut not be Iimited to motar �ehicles,
trailers an�l baats.. Co�erage shall be writt�n on a direct primary
�as�s.
5.4 CARAC�fr�E�PER`S �l/��IL1TY
$3a,000 per unit
5.5 Work�r`s Compensation/Accident [nsurance
Co�erage shall meet th� minimum requirements of stat� �aw as can-
tained in the Motar Carrier Rules and Regulatians.
5.6 Current insurance cer�ificates shall remain on file with the City during tt�e
t�rm of th�s Contract. 4nsurance cpverages may,� at the sofe diseretion of fhe City,
be revised upward upan thirty {30) days prior written notice to Company. Policies
shafl be endorsed as follows:
� to proviefe the City w�th a minimum of thirty (3a) days notice of
canceliation, nan-payment of premium, or nan-renewaf; •
� ta eor�er the Gity as an additianaf insured on liability insurance policies,
ex�ept for employer's I�ability; and
• to include a waiver of subrogation in fa�or of the Gity.
�.7 in the event a state or federal law, rule or regulation pertaining to wrecker
setvice campanies operatir�g within tne State of T�xas exceed insurance
requiremer�ts specified hereir�, such state or federal law, ruie or regufation shafl
pre�aEl for the resp�cti�e type of insurance ca�erage andlor limit thereof.
[:�
DUTIES AND RESPONSiBII.ITIES OF COMPANY
Campany, durin� the teim of this cor�tract, shall perform the fvilowing duti�s
, and have the followir�g responsibifities:
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a} �llaintain as its prirt�ary business #he #owEng af vehicles or trailers by wreckers
meeting the requirements of paragraphs 4(a� and 4(b} abo�e. "Primary
business" st�ak! mean that Campany receives mor� than fifty per-cent (50°foj of
it gross revenues from the iawing af vehicles artd trailers. A1f of company's
records shall be open ta reasanable inspection, both at the #ime of executior� of
this agreement and ,at any time during �he term hereof, #o verify. compliance
with t��s conditian. ,
b) Maintain a curren#ly licensed vehicle storage fiacifity located within the corporate
limits of the City. "Vehicle storage faci[ity° shall mean a faci{ity operated by a
person licensed under Article fi687-9a, Re�ised Stat�Utes.
c) Maintain business operatian twenty-four �24} hours a day, seven days per
week.
d) Respand to al{.calls contemplated by t�is eontrac# witFtin ti�irty (30} minutes of
nofificat�on, exceQt in extraordinary situations where delay is caused f�y ice,
snaw or other w�ather relatec! canditions. In the event Company fails to
responci as required, City may notify another wrecker company ar�d Company
shal[ not be entrtieci ta the comp�nsat�an io which it would have be�n entitlec�
had it arrived timely.
e) Nofify the City af any char�ge of ownership, president or chief executive officer,
or change of address within five (5} business days of any such change,
fj Defiver fhe motar veh�cle` �e�ng towed to the location within the corporate limits
of City designated by th� police officer at the scene af t�e pull. Delivery shall
be made without delay or de#our.
g) Fully cooperate with any invesiigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Contract.
h} Sha11 not �ecome delinquent in ihe paymer�t of any taxes due ta C�ty.
i} Shall not go to any accident scene unless the Company has been callecf to the
sc�ne by the owner ar operator of a veF�icle or an authoriz�d representative ofi
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same, or by the City.
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jj S�all not solicit any wrecker f�usiness w[tY�in ihe corpora#e limits of City at the
scene ofi a wrecked or disabled vehicl�, regardless of whether the soticitaiian is
for #he purpose af soliciting the business of #awing, repairing, wrecking, stor�ng,
trading, or purchasing the vehicle.
k) ShaEl on[y employ dri�ers of tow trucks authorized to operate same.
I} Provide the Po[ice Pound personnel with an invoice at the time t�e vehicle is
de�Evered to the Auto Pound tagether with the signeci� wrecker seiection fo�rn to
f�e pro�ided. �
7.
TERMINATION AND SUSPENS�4N
A. This contract may b� terminated or suspended by Ci#y for any of fhe
foilowing cat�ses:
�. Violation of any term anc�lor candition specified in this contract.
2. �ailure to notify the Communications Di�ision of the Police Department
within fifteen (� 5) minu#�s from the time of notification if �tY�e Company
will E�� �r�able to respond within the tni�y {30) min�tes al�oi�ed for a
response to a ca11 for wrec�Cer s�rvice.
3. Permitting a tow fruck to be operated by anyon� whife under t�e
influence of alcohoE andlor drugs.
4. Permitting a tow truck to be operated by anyone whose operator's
license is suspended.`
. 5. Transferring or assigning any call for ser�ice to any other company
�. Any st�stained com�laint ofi �heft by �ersonnel of Company while acting
• in their capacity as employ�es of Company, whether occurring during a
police �ull or otherwise.
7. Any sustained compfaint of threats made by personne{ of the Company
whi�e acting in their capacity as emp[oyees of Company made againsi
third parti�s d�ring a ptilice pull or otherwise.
$. Failing to comply wEth all directians of police personnel at the scene of a
� pofice pull or civilian employse ai the Police Pound. Company may
request a police st�pervisor to validate any such direction given.
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9. Five (5) passes within a thirty (3a) day period. Pass i� this paragraph
sha(( mean Company failing to no�ify the City of its inability to respond to
a request far service as required by paragraph 2 a6ove.
1Q.Ten (�Oj.passes within a thirty (30) day �eriod. Pass in this paragraph
shall mean a Cam�any hotifying the Cfty of its inabiliiy to respond to a
request for s�.rvice as required by paragraph 2 alaove.
� 1. Violation af �ny rule or regulation cantained in Exhibit "A" atiac�ed
hereto. �
� 2. Fail�re to comply with any state or federal law or city orciinance related
to the aperatian of a w�ecker com}�any. .�
B. City st�a[I notify Company in- writing of its intent to terminate ar sus�end for
cause tw�nty (20) days prior to such suspension or terminatiori. Company sl�all
have the right to request a hearing before the Chief of Police or his designee
regarding the int�nt to term�nate or suspend for cause by requesting a hearing in
writ�ng wittiin five {5) busir�ess days after receipt of noiice of intent to terminate or
suspend. A h�aring shali be condtacted within fifteen (15) days of the request for
hearing. The City, in its saie �� discretion, may tempararily suspend this contract
during any a�peals process.
C. In the event this eor�tract is suspended for cause, the suspens�on sha[I f�e
for a}�eria� of time of not less than six {6) months nor more than twelve (12)
mont�ts.
D. In the event City s�spends ar terminates this contract for cause, and the
cause for such suspens�on ar termi�ativn is dete�m�ned tc� be invalid, Company's
sole remedy sha11 be reinsiatemer�t of this con#ract, Company expressly wai�es
any and all r�ghts to monetary damages, including but na# limited to actuaf and
puni#ive damages, court costs and attorney's fees.
. 8. �
INDEMNIFICATf�N
With regard to any �iability which mignt arise hereunder, City and Custamer
agree that they shall be sale�y and exclusively liable for the negligence af iis own
agents, SeiVantS, subcontractars and employees anct that neither party shall loak
:
to the othar party to save ar hold it harmless fort he consequences of any
negligence on the part of one of its ow� agent, servant, subcontt'actor or
employee. Nothing contair�ed h�r�in shaN be construed to be a waiver by City of
any right of protec#ion which it enjoys under applicable State or Federai faw.
' 9.
ASS(GNMENT
Company shafl not assign, transfer or �sublet this Coniract or any portion
hereof to any party witt�out the �rior written conse�t of City which sf�all nat be
unreasonab[y wi#hheld. Any such assignment, transfer or subie#ting of this
Contract without the consent of the City shall be vo,i�d and sha�! aperate as a
termina#ion hereof.
10.
ZONES AND ROTATION LlST
A. City shall divide �he city into four (4) zon�s which shall corresponc� ta the
four (4) patral divisions. Compa�y shal[ be assigner� to the zone or an adjacent
zone in which it maintains its principa! place of business.
B. City sF�all cr�ate a rotation list within eacf� of the four (�) zones that wil�
dictate the order m which wrecker compar�ies are contacted.
C. City may request Company to conduct a police pulf with�n any zone, and
Company agrees to use i#s best effarts to arrive at the scene of the police tow
within th[rty (30) minuies.
11.
INDEP�NDENT CONTRACTOR
1t is unci�rstaod and agreed by the parties hereta that Company shall
petform all work and services hereunder as an independent contrac#or, and not as
an offic�r, agent, servant or emp{oye� o� the City. Gompany shall have exc[usive
cantrol of and the exclus�ve r�ght to cantrol the deiails of the work or service to be
perform�d hereunder, and all persons performing same on behaEf of Company,
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and shall 6e solely responsible for the acts and omissions of its officers, agents,
servar�ts, empfoyees, can#rac#ars, subcontractors, licensees and invitees. T�e
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doctrine of respoi�d�nt superior sha11 not apply as betweei� the City and
Company, its officers, agents, servants, employees, contraetors and
subcontrac�ors, and no�hing herein shall be construed as creating a pat�t1lership
or joint venture between the parties hereto.
In w ess whereo�, the p rties hereto have executed ihis Contract on
the ��.� day of �ti� , 20U�:-
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AT�EST:
� r ! �
� ' S ���'�
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Gloria Pear n, City Secretary
APPROVED AS TO FORM
AND LEGALITY
1�
Assistant City Attorney
/: I�i 11�►'� �
Corporate Secretary
CIT�S:'� C�'�RT �RTH
�� ��
By:�„i , �
Libby Wa�son
Assistant City Manager
� - � "— ' — � ..
Contr�c� autho�;ix��ion
da'ce • ,. . _� � _ �. � a . . ..
TP Motor Ltd, dba Fort
Worth Wrecicer Seivice
bv Mav's Rose Corp, it's
General Partner
(Company Naizie}
By: U���4
Tuyen C. N�uyen, Pr�id nt
,
� a� I Y ' _ ' ''! - _ _ . .
` ` � �xxz�z�r A
AilTO POUI�D
The �oliowing rules and regulations wi11 be �vllowed by a�l wrecker companies
upon arzi.val at the auto pound.
1. The gate wa.lJ. not be b�.ock.ed by wreckers waiting eo en�er or exit
. the pound. F
2. E�o more Chan two�{2) wreckers shall 6e authori.zed in the front area,
foz inven�ory purposes, at any one time.
3. No wreekar shall enter the pound with more than one (1) persan/opera—
tor, unless authorized by rhe on dury shi�C supervisnr. This wi�l be
done on a case by case bases.
4. For safety reasons, a car carrier shall be rec�ui•red to off �oad their
cargo wlnen. possible. This shall be determined �by 'the on dury supez—
visor.
5. Inventories shou�d be handled in an expeditious manner when passib�.e:
Howevar, pound personnel are requa.red to do a camplete and pxecise
inventory of all groperry and vehzcles. A specifi.c t3.me frame wouid
be impossible ta institute.
6. 'Wrecker drivers shall not be allowed to drive up and down the zows,
looking for vehicles �o reppsses for companies said wreckex's represent.
7. The use af car carriers, dollies, extra t�.me, extra equipment, etc.,
sha�.1 be sub3ec� C.o appraval by the Wreckez ad�ini.strator or �ound sup—
ervisor.
8. Wrecker operators/owners sha11 be required to follow any dizections or
instruc[ions given by auCo pound personnel,
9. Violations af any nf the above rules sha1�. be subject ro review by ehe
Wzecker administrator. �
Disciplinary action may be deCermined by the pound supervisor oz a higher
command level.
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C'ity of �ori� Wo�hg Te�as
���� �n�l ��u���� �����������an
DATE REF�REf�lGE NUMBER LOG NAME PAGE
1a116101 ���4�� � �001-0316 , 1 of 2
SUBJECT AUTHORfZATION OF CONTRACTS FOR NON-CONS�NT T�WING OF WRECKED
OR ABANDONED VEHICLES FR�M MU�.TIPLE VENDORS REQUIRED BY CITY
ORDINANCE NO. 12924 F4R THE POLICE DE�ARTM�NT
R�COMM�NDATI4N:
It is recammended that the City Council:
1. Authorize cantracts for non-conse�t towing of wrecked or abandoned veh9cles from mulfiple vendors
as required by Gity Ordina�tce Na 92924 {see attachment "A" for a list of current vendorsj; and
2. Autharize t�e contracts to begin 4ctober 16, 2aa�, and ex�ire Oetober 15, 2Q02, with aptions to
renew for four successive one-year periods.
DISCUSSI�N:
City Ordinanee No. 12924 regulates nan-consent towir�g within the City r�quiring companies desiring to
perform non-consent towing #or the Palice Deparkment to execute a contrac# with the C�ty.
There are three types of� cantracts: those for s�andard tow trucks, tilt bedl�ollback tow trucks, and
tandem tow trucks. Participating wrec�er campanies are licensed und�r Article V, Wrec�ers, of Chapter
34, Ve�icles for Hire, of the Cod� of the Ciiy of Fort Workh. The fe�s for services to be provided and
assignment to one of �our zanes are the same as contained in the ordinance. The estimated
expenditure for these services is $1,�Dfl,aDa per year.
Contracts will be executed with any vendor desiring to perfarm non-consent towing thaf m�ets �he
contract requirements such as towing operatrons being a �endors primary business, equipment
specifications, insurance, and a lacal lic�nsed starage �acility.
B1D TABULATION - 5ee attached "Service Fee Schedule".
M11NBE � A waiver of the goal for MIWBE subcontracting requirem�nts was reqt�ested by the
Purchasi�g Division and approved by th� MIWBE Office �ecause the p�rchase of services is from
sources where subcontracti�g or supplier opportunities are negligible.
RENEWAL OPTIONS -`These contracts may be renewed for up to four successive one-year terms at
the City's optian. This action does not require specific City Council approval, provided that the City
Councif has appro�riated s+�fficie�t funds to satisfy the City's obligaiior�s during the renewal term.
��������a ���� ��D
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�l� ���OY$ �OY$�� �e.X'l�S
���r�r a��r� ���rr��! ���������r��n
DATE REFERENGE NiJME3EF2 LOG NAME PAGE
1 a1�I Bla� P�94�7 I Ooo'! -031 s I z of 2
SUBJ�CT AUTHDRiZATION O� CONTRACTS �OR NON-CONSENT T�WING O� WRECKED
OR ABANDONED WEHlC�ES FRUM MULTfPLE VENDORS REQUIRED �Y CITY
�RDINANC� ND. 12924 FOR THE POLiCE DEPARTMEN7
�1SCA�. I�]FORMATIONICERTIFICATION:
The �inance Director certifies #hat funds are a�aila�le �� the current operating budge#, as appropriated,
of the Genera� F�and.
CB:n
BQN101 �0316/KDK
Submitted far City Manager's
Of6ce by:
Charlas Boswell 8511
Originating Department Head:
dim Keyes
AHditianal Informa#iou Contact:
I FUIYD I ACCOUNT �
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8S 17 � (from)
Robert Combs 8357 �
CENTER � r#MOEJNT
CITY SECRETARY
I �PPROV�fl
� CiTY C�UNC��.
� ac� �s �oot
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I Ci�yr Secratary nf the
_ f Citq o�gYt VVarth. Texas