HomeMy WebLinkAboutContract 27424. , f_I��
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CONTRACT FOR TOW TRUCK SERVICE
(STANDARD SERVZCE)
WHEREAS, the City of Fort Worth occasionally reauires the service of
tow trucics; and
�VHEREAS, such tow truck ser�ices are necessary �o protect �he sa�ety
of fhe citizens af the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The Ci�y of Fort Worth, hereina�'ter z�e�enred to as "City", act�ng herein
by and through Libby Watson, its duly authorized A�ssistant City Manager,
and Alfred Gaber Zndividuallv owned and dba as Metxo-1 Wrecker Service,,
hereinafter r�ferred to as "Company", ac�ing herein by and through Alfred
Gaber, its duly authorized Owner, agree as follows:
1.
SERVICES
City hereby contracts with Company to provid� police pu�l towing
service. As used herein, "police pu11" shall mean that �11e For� Worth Police
Departrnent has called Company from the rotation list to either remo�e a
�1 wrecl�ed or disabled vehicl� or to remove a vehicle in a safe driving conditioll,
but the owner is no� present, able ox pennitted to drive or to malce
authorizations.
2.
TERM
The term of this con�ract sha11 be for a pexiod of twelve (12) months
from the date of its execution, with four options to renew for te�-ms of one year
each, unless earlier teiminated as hereinafter provided. Renewal shall occur
upon Gity including in its budget for the options years sufficient funds to pay
for its obligations hereunder and Company providing proof of insurance io
C1�.
3.
COMPENSATION
1. Compensation. As compensation for providing the services
contemplated by this ConYract, �i�y agrees to pay Company as follows:
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a) Towaae. A charge of sixty�-five doilars ($65.Q0) for towing such ve�ic�e from
one point an a street ia anaiher location within tF�e corporate limits of the c�ty
as directed by the pofice department at the plaCe where the taw originated;
such char�e includes ane haur of extra work.
b) Second tow truck. In the event the police officer at t�e scene c�etermines
, that a second tow �ruck is requir�d, a charge of fifty doilars ($5�.00) per houri
wit� a minimum charge of one hour, billed in increments of fifteeh (15)
minutes while at th-e scene af the police pull. The us�. af a second taw truck
shall be appro�ed �y a police supervisor. Tra�e1 time is exciuded.
c) Extra work. An additionaf c�arge of fifty dollars ($50.O�j p�r hour, with a
minimum charge of one ho�tr, charged in incr�ments of fift�en �15) min�tes,
far remov�r�g vehic[es which are off t�e stre�:t rignt-of-way, such charg� to �e
mad� #rom the.time the operator begins to remove tt�e ��hicle until it is on the
tra�eled poriion af the street. Even though the vehicle is within the street
right-of-way, an additivnal charge may be made if the vehicfe is located in
some unusuai cond�tion wit�in the right-ot-way, such as, but not Eimited to, a
river or a creek bed or a ditch of greater dep#h than the ordinary bar ditch.
Extra work shall only b� allowed when autharized by a police oft�cer af the
scene of t�e pull. The charges for suci� extra work shall �e reviewed and
approved by fhe Auto Pound Wrecker Administrator. Extra waric excludes
travef tim�, waiting time and clean-up time.
d) Use of a�iollv. f�o aciditional fee shalf be charged far the use of a dolly.
e) Handli�� hazardous materials. UVhen the car�o of any mo#Qr vehicle or
trailer incluc�es explosive, nuclear, radioacti�e, hazardous or eorrosiv�
materials, as defined by ihe En�iranmenta{ Pratection Agency, Texas
Department of Trans��rtation, or ih� Texas Naiural Resource Conservatian
Commission, a�e� equa! to one hundreci-fifty (i50) percent of the charg�s
which may be assessed pursuant to subparagraph "a" above. !n a�d�tion, a
charge may be made for expenses incurred related to protective cloth�ng and
any other supplies or equipment used ir� handling such mate�ia�s, such
charge being equal to #he actual amaunts incurred p1�s fifteer� (� 5) percent.
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f) NotY�ing cor�tained herein shalE be construed so as io o�iigat� City to ex�end
any sums of money. Further, nothing conta�ned herein shall �e consfruec� so
as to guarantee to Company #hat City will contact Company for any towing
ser�ices contempfated by fhis Contract.
2. Invaicinq and Pa�rment. Company shall lnvoice City once Per month.
Campany shall inc{ude,with the in�oic� such documents as may.be reasonably
requested to provide evidence of the services provided to the City, which at a
minimum shall includ�� copies of the wr�cker selectian form signed by the officer
at the scene of the police puil and/or personnel at ihe Fort Wor#h Auto Pound.
Such invoice shall be s�bject to the revi�w and ap.�roval o# apprapriate Gity
personneL City shalt remit payment to Company nat more than thirty (30) days
fallowing approval of invoice.
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VEHlCLE AND EQUfPMENT REQUIREMENTS
Company shall maintain at all times the follawin� vehicles and equipment
in working cortdition:
a) A m�nimum afi two (2} wreckers, one of wf�ich shall �ae nat less than 14,000
pounds gross vehicle weight and one of which shail b� not less than 10,000
pounds gross veh�cle weight, dual rear wheefs, equipped with a hydraulic
operated wincf�, winch lines, and a t�oam rateci at not less #han 8,OD0 pound
lift caPacity and a wheel fift device rated at nat less than 2,500 pounds.
b) At a minimum, all wreclters shail be equi�ped with the #a!{owing equipment,
which ai al1 times shall be maintained in working order:
1}
2)
3)
4)
5)
6}
7)
Tow bar
Towing lights
Em�rgency o�erhead warning iigF�ts (red or amber calor onl.y}
Saf�ty chain
Fire extinguish�r, �,B.C. Type
Wreck�ng bar
Bronm
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8) AX �
9) Shavei
1 D} Refl�ctors ar traffic eones
1 � ) Trash container ,
12) Two way voice or computer communicaiion between tow truck
and Corppany dis�atch�r
13} Backing warnir�g signa!
14) Wheel chocks
c) Each tow tr�ck shail ha�e perman�ntfy inscribed on each side of the vehic[e,
in [etters �f not fess than three (3) inches in heigl�� fhe name, address and
telephone number of the company. Magne#ic or other forms of removable signs
are prahibited.
d) Each tow irucic and the required equipment sha(I be inspected by tF�e Chief of
Police or his aut�orized designee prior to being used for services contemplated
by this coniract. !n addition, each tow truck arid the required equipment sha�l E�e
subject to intermittent inspect�on to assure compliance with this contract.
b.
INSURANCE REQUIREMENTS
Company shall mai�tain insurance fram insurers acceptable to City of the
following types and amounts:
5.1 Commercial Generar �iabrlity
$500,000 �ach occurrence
$500,00� aggrega�e
or
Garage Liability
$500,000 eacf� accid�nt, otl�er thar� auto
$500,00� aggregat�
5.2 Automobiie Liability
$5�0,000 each accident, combined singl� lim�t
This ca�erage shall inclUcie all vehicles awn�d or non-�wned that
are aperating under Compar�y's operating auihority.
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5.3 CargolQn�Huok
$30,000 per unit
Coverage sha11 include both fhe unit being towed and its contenfs.
Units covered shal[ include bui no# f�e limited to motor vehicles,
trailers and i�oa#s. Coverage shall be written on a direct primary
basis. ,
5.4 CARAGE[�EEPER'S �lA�I�,tYY
$30,OQ0 per �anit
5.5 Worker's CompensatianlAccident Insurance
Coverage st�aEl meet ihe minim�m requirements af state law as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Current insurance certificates shall remain on file with the Ciiy during the
term of this Contract. Insurance coverages may, at tfi�e sole discretion of the City,
ba re�ised upwar� upon thirty (30� days prior written notiee to Company. Policies
snall be endors�d as follows:
� to Provid� ihe Gity with a minimum of thirty (30� days notice of
cancella�ior�, non-payment of premium, ar non-re�ewal; �
• ta cover the City as an additionaf insured an liability insurance policies,
exce�t for employe�'s liability; and
� to includ� a waiver of subrogatian in favor of #he City.
5:7 In the event a state or federal faw, rule or regulation �erta9ning to wrecker
service companies ope�ating within the Stat� of Texas excead insurance
requirements specified herein, suc� s#ate or federal law, rule or regulation shall
� {�revail for the resp�ct��e type of insurance cov�rage andlor limit thareaf.
fi.
Dl1TIES AND RESPONSIB[LITIES �F C�MPANY
Company, d�ring the term of this contract, shall perform the following duties
and have the fallowing responsibilities:
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a) Maintain as its primary business the towing of vehicles ar traifers by wreckers
meeting th� requirem�nts of paragraphs 4(a) and 4(b} abave. "Primary
business" shall mean that Gompany receives m4re than fiifty per-cent (50%) of
it gross revenues from the towing of �ehicles and trailers. All ofi campany's
records shall be open to reasonable inspection, both at the time of execution of
this agreement and ,at any time dUring the term hereof, ta verify. compliance
with this condition.
b) Maintain a currently iicensed vehicle storag� facility locateci wiff�i� the corporate
Ijmits �f the City. "Vehicle storage facility" sha11 mean a faciEity operated by a
persan (icensed uncier Ariicle fiS87-9a, Re�ised Stat,t,�ies.
c} Maintain busir�ess operation twenty-four {24) hours a day, seven days per
week.
dj Respond to a11. calls contemplaie�i by thi� cantract with�n thirty (30) minutes af
noiification, except in extraordfiary situaiians where delay is caused by ice,
snow or �fher weather relaied conditions. In the ev�nt Campany fails to
respot�d as required, City may notify ar�oti�er wrecker company ar�d Company
st�all not �ie entitfed to #he compensation to which it wo�id haue been entitled
�ad it arrived timely.
e} Notify the Gity of any chang� of ownersF�ip, president ar chief executive oif�cer,
or change of address within five (5) business ciays of any such cF�ange.
f} Deli�er ti�e mator vehicfe being towed to the location within the cor�ora#e limits
af City designated by the police officer at the scene of the pu[I. D�livery shall
be macle without d�lay or detour.
�) Fully caoperate with any invest�gation conducied by t�e City regarcling
complaints agains# Company, whether or' not such complaints a�ise out of
services cot�templated by this Coniract.
h) Shafl not become definquent in the payment ot any iax�s due to City.
i) Shal! not go to any acciden� scene tanless the Campany Y�as been called to the
scene by t�e owner or operator of a vehicle ar an au#horized representative of
same, or by the City.
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� j) S�al� not soficit any wrecker f�usiness within the corporate limits of City at #he
scene of a wrecked or disabled vehicle, regardless of whether the salicitation is
for the purpose af soliciting the business af towing, repairing, wrecking, storing,
trading, or purchasing the vehicle.
k) Sha11 only employ dri�ers of tow trucks authorized to operate same.
t) Pro�ide the Pofice Pound persor�nel with an invoice at ihe time the vehic�e is
delivered to the Auto Paund together with th� signed wrecker selecfion form to
be �rovided.
7.
TERMINATi�N AND SUSPENSIQN
A. This cor�tract may be �#erminated or sus�ended by City fflr any of the
follawing causes:
1. Violation of any term and/or conditiQn specified in this contract.
2. Failure to notify the Carnmu�icatians Di�ision of the Police Department
within fifteen (15j minutes firom the time of no#ification if th� Company
wili be unable to respond witt�in the thirty (30� minufies afiotted for a
response to a cail for wrecker service.
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� 3. Permitting a tow #ruck to f�e ope�ai�d by anyone whi[e under the
influence af alcohol and/or drugs.
4. Permifting a tow trucic to be operatecf by anyone whose operator's
licer�se is s�spanded:
5. Transterring or assigning any call for service to any other campany
fi. Any susfained complaint of theft by persannel of Company while acting
in their capacity as employees of Company, whether occurring d�ring a
police pufl or otherwise.
7. Any sustained complaint of threats made by personnel ofi the C�m�any
w}�ile ac#ing in their capacity as employees of Company made against
thir� parties ciuring a po{ice pul[ ar otherwise.
8. Fa�ling to comply with all directions af pofEce personnel at the scene of a
police pull or civilian employee at t�e Police Paund. Corrlpany may
r�quest a police supervisor to �alidate any such direction given.
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9. Fi�e (5y passes within a thirty (30) �ay period. Pass in this paragraph
shali mear� Company failing ta n�tify t�e City of its inability to respond to
a request for service as required by paragraph 2 above.
�O.Ten (10) passes within a thi�#y {3pj day �eriad. Pass in this paragraph
shall mean a Company notifying the City oi its inabiiity to respand #o a
request for se,rvice as required by paragrapf� 2 above.
11. Vialation of any r�le or regulation cantainecf in Exnibit "A" attached
hereto.
� 2. Fai[�re #o cam�ly with any state or federal law ar city ordinance related
to the operation af a wrecker campany. ._
B. City shall not�fy Gompany in writing of its int�nt to terminate or suspend for
cause twenty (20} days prior to sueh suspension or term�natian. Company sha[1
have th� r�ght to �equest a hearing before th� Chief of Police or t�is desigr�ee
r�garding the intent to terminate or suspend for cause by requesting a hearing in
writing witliin fiive (5) business cfays after receipt of notice of intent to terminate or
suspend. A hearing shall b� canducied within #ifteen (� 5) days of the request for
f�earing. Tf�e City, in its sole discretion, may temporarily suspend this contract
durir�g any appeals process.
C. In fhe e�ent tY�is contract is suspended for cause, thE suspension shaff be
for a periad of time of not less than six {S) mo�ths nor more tha� twelve (12)
months.
D. In tE�e event City susper�ds or terminates this contract for cause, and #he
cause for such suspensia� or terminatian is determined io be invalid, Company's
sole remedy shai! !�e r�instatement ofi this contract. Company expressly waives
any and all righis ta monetar}r damages, ir�cluding but Rot limited to act�ai and
punitive ciamages, court costs and attorney's fees.
8.
INDEMNIFICATlON
With regard to any liability whici� migt�t arise hereunder, Gity and Custamer
a�ree that t�ey shal! be soiely and exclusively fiable for the negiigence of its own
' agents, servants, subcon#ractars and employees and that neitt�er party shafl (ook
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to the other party to �ave or hald it harmiess fort he consequences of' any
negligence ot� the part a# one of its awn ag�nt, servant, subcorttractar or
employee. Nothing containecl herein shall be construed to b� a waiver by City of
any right of �rotection whicl� it enjoys under appl�cable Staie or Federal law.
' 9.
ASSIGNMENT
Company shaE! not assign, transfer or sublet this Gantract or any portian
hereof to any party witha�t fhe prio�r written consent of Cify which shall not be
unreasonab[y witY�held. Any such assignment, trans�er or subletting of this
Contract without the cons�nt of #he Cify sftall be vojd anc{ shalf operafe as a
ierminati�n hereof. � .
10.
ZONES AND ROTATION LIST
A. City sF�all divide the city �nto four (4j z�nes whicl� si�alE correspond to the
four �4) pat�ol divisions. Company shafl be assigned fo tt�e zone or an adjacent
zane in which it maintair�s its principal place of busin�ss.
B. City shall create a rotat�a�� list wiihin each ot the fo�r (4} zones that wili
�iictate the or�er in whEch wrecker companies are�contacted.
C, City may request Company to conduct a police puI! with�n ar�y zone, and
Company agrees to use its best efforts to arrEv� at the scer�e of the police tow
wit�in thir�y (30) minutes.
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, 1ND�PENDENT CONTRACTOR
1t is unc#erstood and agr�ed by the parti�s hereto that Company shall
per�orm all work and servaces h�reunder as an indep�ndent contractor, and not as
an afficer, agent, servant or employee of the City. Company s�ail have exclusive
control nf and the exclusive righi to control the details of the work or service to be
perfarmecf hereu�d�r, and all persons perform�ng sarrie or� behalf of Campar�y,
and shall be solefy r�sponsif�le for the acts and omissions of its offiicers, agen#s,
servants, employees, contractors, subcontractors, � licensees and invitees. Tl�e
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- docirine of respondent superior sha11 not apply as between the City and
,
� Company, its officers, agents, servants, employees, contractors and
subconfractors, and nothing herein shall be construed as creating a partr�ership
or j oint veniure between the parties hereto.
In itness whereof, the parties hereio have executed this Contract on
the ,,��,�t day of , r� _ , 20� _
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A EST: ,- ��
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Gloria Pear�on, City Secretary
aPPRovED As To Fo�
AND LEGALITY
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Assistan i�y Attol-ney
ATTEST:
Corporate Secretary
CITY � �OR RTH
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�J� -9�• ,� �� -
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�ibby tson
Assistant City Manager
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co�,ti��c� �u�1�e�izea��,era
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na�e
Alfred Gaber �ndividually
owned and dba Metro-1
Wrecker Service
(Compaiiy Na )
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By: �r� .
Alfred ber, Owner -
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EXHIBIT A
AUTa POUND
The fol�owi.ng zules and regu�ations wi.11 be �ol�.owed by all wr�cker campanies
upon arrival ar the auto paund.
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1. The gate will nor be blocked by wreckers waiting to enter or exit
the paund. �
2. No more than. two�(2) wreckers shall be authorized i.n the Fron� area,
for inventoxy purposes, at any ane time.
3. No wreeker shail er�ter the pouad with more than one {1) person/opera-
tor, un�ess auti�orized by �he�on du�y shifC supervisor. This wi11 be
done on a case by case bases.
4. For sa£ety reasons, a car carrier shall he requi�red ro o�� laad their
cargo when possibl.e. This sha�I be determined�by�the on duty super-
visar.
5. Inventories should be handled in an expeditious manner when possible.
However, pound personnel are xequired to do a camplete and pxeci.se
inven�ary of all properrq and veh�.cles. A�speci�ic time frame would
be i.mpossibJ.e to instiCute.
6. Wrecker drivers shall noC be allowed to�d�zve up and down the zows,
�ooking far vehicles to repdsses for companies said wreckers represent.
7. The use of car carriers, dol1.�.�s, extra t�me, �xtra ec�uipment, etc.,
shall be subjece Co appraval hy khe Wreckex adm�ni�stratox oz Pound sup-
ervisor.
8. Wrecker operatorsfowners sha3�l be required to follaw any directions or
instrucCians given by auta pound personnel.
9. Violations of any of Che above rules shall be subject to review by Che
Wrecker administrator.
Disciplinary action may be determined by Che paund supexviso� or a higher
command level.
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C`ity o, f'�'o�t Wo�t�i9 Texas
r���� ��t�l ��u���Q ���t�u��t���t��n
DA"('� REFERENCE NfJMBER LOG NAME PAGE
101� 6101 �n��,77 Q009 -0316 , 'l of 2
SUBJ�CT AUTHORIZATI�N OF GONTRACTS FOR NON-CONSENT TOWING OF WRECKED
�R ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRE❑ 6Y CITY
ORDINANCE NO. 12924 FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize contracts for non-consent towing of wrecked or abandoned �ehicles from m�ltiple �endors
as required by City Ordinance No. 12924 (See attachment "A" for a list of current vendors}; and
2, Authotize the contracts to begin �ctober 1�, 20Q1, and expire October 15, 2002, witF� options to
renew for four successive one-year periads.
DISCUSSiON;
City Ordinance No. 12924 regulates non-consent towin� within the City requiring companies desiring to
perform non-consent towing for the Police Departmenf to execute a contract wi#h #he City.
There are three types of contracts: those for standard tow trucks, tilt bedlrollback iow trucks, and
tandem tow truci�s. Participating wrecker companies are licensed und�r Article V, Wreckers, of Chapter
34, Vehicles far Hire, of the Code of tf�e City of Fort Worth, The fees for services to be provided and
assignment to on� o# faur zones are the same as containe� in tF�e ordinance. The estimated
expendiiure fa�' these services is $1,1 Q0,000 per year.
Cvntracts wi{I be executed with any vendor desEring to perform non-consent towing that meets th�
contract requirements such as towing .operations being �a vendors primary business, equipment
specifications, insurance, and a local licensed storag� facility.
BID TABULATION � See attached "Service Fee Schedule".
M1WBE - A waiver of the goal for MIWBE s�bcontracting requirements was requested by the
Purchasing Division and approved by fhe MIWBE �ffic� because the }�urchase of services is from
sources where subcontract9ng or supplier oppor�unities are negligible.
R�NEWAL OPTIONS - These co�tracts may be renewed for t�p to fo�r successive one-year terms at
the City's aption. This aciion �does not require specific City Cauncil approval, prov9ded that the City
Cauncil has appropriated sufficient funds to satisfy #he City's o�ligations ciuring the renewal term.
:
������Qa� �'��C�GD
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�llo �����8 Il��a
�iiy o, f Fo�^i �arth, Texas
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DATE R�FERENC� NUMBER LOG NAME PAGE
'lQf1fi101 ����,77 � O�Q1-0316 _ � 2 of 2
suB.��cY AUTHORIZATION OF CONTRACTS F4R NON-CONSENT TOWlNG UF WRECKED
OR ABANDONED VEWCLES FROM MULTIPL.E VENDQRS REQUIRED BY CITY
ORDiNANCE NO. 12924 �OR 7HE POLICE QEPARTMENT
FESCAL fNFORMAT101�ICERTiFICATION:
The Finance Direcfor certifies that fun�s are available in the current operating �udget, as appropriated,
of the General Fund.
CB:n
�QN101-031 fi/KDK
5n6mitted for City Manager's
OfFice by:
Charles Baswell
Orkgiaa#fn� Departmeut Head:
Jim Keyes
Additional In#'ormattnn ContacE:
I FU1�D I ACC�UI�T I CENTER
� (to)
8511
AMOUNT � CIT'Y S�CRETARY
�
APP�OV�D
� ���� coU�c��
� oer �a 2�at
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ICi4*j Sacratary oF the
S;ity �f Fort Warth. Texas
SS17 � {from)
Robert Combs 8357 I
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