ESBD_548441_1786480493153_RFP 2026-008 - Wrecker-Towing Services.pdf

REQUEST FOR PROPOSALS

The City of Forney is requesting proposals for:

RFP 2026-008

Wrecker/Towing Services

Release Date: August 20, 2026

Response Due: September 16, 2026

RFP 2026-008 – Wrecker/Towing Services pg. 2

City of Forney, Texas

Request for Proposals

1. Introduction

A. Project Overview: The City of Forney is requesting Proposals (“RFP”) with the intent of awarding a contract for the purchase of goods and services contained in Appendix A – Scope of Services.

B. Contract parties: The City of Forney, may herein be referred to as “the City.” The person or company responding to the solicitation may herein be referred to as the “Proposers.”

C. Questions: Following are contacts for questions as identified.

i. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Purchasing Manager identified in section 2 below.

ii. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact persons noted in Appendix A – Scope of Services.

iii. Replies: Responses to inquiries that directly affect an interpretation or effect a change to this RFP will be issued in writing by addendum posted to City website. All such addenda issued by City prior to the submittal deadline shall be considered part of the RFP. The City shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum.

iv. Acknowledgement of Addenda: The Proposers must acknowledge all addenda by signing and returning such document(s) or by initialing appropriate area of the Proposal.

D. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.

E. Conflict of Interest Questionnaire (Form CIQ): A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to any potential agreement with the City.

F. Form 1295 Certificate of Interested Parties: In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the

RFP 2026-008 – Wrecker/Towing Services pg. 3 governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. Please go to the Texas Ethics Commission webpage (www.ethics.state.tx.us) for full instructions and to complete the required steps for creation of Form 1295. Once the form is completed online, printed and notarized please return the form with your proposal submission.

2. General Information

A. All Proposal Submissions are due on September 10, 2026 at 2:00 pm (CST).

City of Forney Attn: Purchasing Department

402 N. Bois D’Arc Forney, Texas 75126

B. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request.

B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Proposers notify the City, in writing, that the Proposal contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City’s failure to take any such reasonable steps, even if the City is negligent in failing to do so.

3. RFP Withdrawals and/or Amendments

A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason.

B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Proposers that have registered with the City, but failure to notify shall impose no obligation or liability on the City.

4. Proposal Submittal Requirements

A. Submittal Packet – Required Content: All proposals must be physically submitted.

RFP 2026-008 – Wrecker/Towing Services pg. 4

B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified in Appendix B-Proposal. It is the Proposers’ responsibility to have the Proposal Documents correctly physically submitted by the submittal deadline. No extensions will be granted and no late submissions will be accepted.

C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible. The time and date of receipt as recorded with Purchasing Manager or designated receiver shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late Proposals will not be considered under any circumstances.

D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered, amended or withdrawn by the Proposers after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager.

E. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on standard 8- 1/2” x 11” vertically oriented pages, numbered at the bottom. The City only accepts physical submissions. Any other format (via telephone, fax, email, etc.) will be rejected by the City at its discretion.

F. Validity Period: Once the submittal deadline has passed, any Proposal Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Proposal Document. Such proposal shall be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the City.

5. Proposal Evaluation and Contract Award

A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City’s purchasing policy. The City will evaluate all proposals to determine which Proposers provide the goods or services at the best value for the municipality. In determining best value, the municipality may weigh and consider the purchase price, the reputation of the Proposers and of the Proposers’ goods or services; the quality of the Proposers’ goods or service, the extent to which the goods and service meet the municipality’s needs; the past relationship with the municipality, the total long-term cost to the municipality to acquire the Proposers’ goods or services, and in addition, each additional factor identified in the Scope of Services for this contract, if any. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified Proposers. Should the City award this contract, it shall award it to the responsible Proposers whose proposal is determined to be the most advantageous to the municipality considering the relative importance of price and the other evaluation factors included in the request for proposals.

RFP 2026-008 – Wrecker/Towing Services pg. 5

B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP, the City alone will determine whether the variance is so significant as to render the Proposal non-responsive, or whether the variance may be cured by the Proposers or waived by the City, such that the Proposal may be considered for award.

C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non-compliance by the Proposers with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A – Scope of Services or Appendix B

– Proposal, the Appendices shall prevail.

D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Proposers will be bound thereby.

E. Additional Information: The City may request any other information necessary to determine Proposers’ ability to meet the minimum standards required by this RFP.

F. Partial Contract Award: The City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Proposers based on the unit prices proposed in response to this request, or to reject any and all Proposals and re-solicit for Proposals, as deemed to be in the best interest of City.

G. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Forney for cause:

i) The successful Proposer fails to perform in accordance with the provisions of these specifications; or

ii) The successful Proposer violates any of the provisions of these specifications; or

iii) The successful Proposer disregards laws or regulations of any public body having jurisdiction; or

iv) The successful Proposer transfers, assigns, or conveys any or all of its obligations or duties under the contract to another without written consent of the City.

v) If one or more of the events identified in Subparagraphs G. i) through iv) occurs, the City of Forney may terminate the contract by giving the successful Proposer fourteen

(14) days written notice and an opportunity to cure the identified deficiency within said notice period. If the successful Proposer fails to cure the deficiency within fourteen

(14) days of receipt of written notice, the City may terminate the contract immediately upon written notice of termination. In such case, the successful Proposer shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful Proposer shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination.

RFP 2026-008 – Wrecker/Towing Services pg. 6

vi) When the contract has been so terminated by the City of Forney, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue.

H. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving the successful Proposer thirty (30) days written notice. The successful Proposer may be entitled to payment for services actually performed; to the extent said services are satisfactory.

RFP 2026-008 – Wrecker/Towing Services pg. 7

Appendix A – Scope of Services

1. Project Title: Wrecker/Towing Service for City of Forney

2. Scope of Services Contact

Questions about the technical nature of the Scope of Services, etc. may be directed to Chief Carrie White, Phone: (972) 552-6281, e-mail: cwhite@forneytx.gov

3. Proposal Evaluation Factors

Emphasis Factor

40% Purchase price, including the total long-term cost to the municipality to acquire the Proposers’ goods or services

35% Proposer’s Ability, including the quality of the Proposers’ goods or services and the extent to which the goods and services meet the municipality’s needs.

15% Proposer’s Experience, including reputation of the Proposer, reputation of the Proposers’ goods or services.

10% Experience with City, including the Proposer’s past relationship with the municipality and demonstrated reliability to meet contractual obligations with current and prior customers.

4. Key Events Schedule

Proposal Release Date: August 20, 2026

Optional Tour of City Facilities Upon Request

Deadline for Submittal of Written Questions: August 31, 2026

Sealed Proposals Due to and Opened by City: September 10, 2026 at 2:00 pm (CST)

Anticipated City Review and Scoring: September 16, 2026

Anticipated Award Date: October 1, 2026 to be effective October 6, 2026

5. Scope of Services

SCOPE AND INTENT

The successful Proposer shall be responsible for every wrecker operator to answer any call made by the City (Forney Police Department or any authorized local authority) on a twenty-four (24) hour basis, seven (7) days a week. Every call for the contracted wrecker service shall be responded to (i.e. the wrecker arriving on scene) within twenty (30) minutes on a consistent basis. Such notification is to be rendered to the successful Proposer at a single telephone number to be designated by the successful Proposer. The police dispatcher will log on the call when contact is made, or attempted to be made with the wrecker, and when the wrecker is en route. Exceptions

RFP 2026-008 – Wrecker/Towing Services pg. 8 may be made to this requirement if unforeseen or extenuating circumstances are involved in the judgment of the Chief of Police or his designee.

The successful Proposer shall hold all items, materials, equipment, and vehicles towed pursuant to the Wrecker/Towing Service Agreement at a location to be approved by the City or its agent. The successful Proposer shall indemnify the City for all damage or loss on all items, materials, and equipment so held which are not owned by the City, and shall be liable to the City for damage or loss to City-owned property or equipment of any kind. The location of the storage facility lot must be inside the City or within eighteen (18) miles of City limits.

BACKGROUND

The City of Forney currently uses a sole-source provider with a storage facility lot located outside the City limits for towing and the storage of vehicles initiated by the City of Forney. The City seeks a successful Proposer within the City or within eighteen (18) miles of City limits.

KEY EVENT SCHEDULE

Proposals Due: September 10, 2026 at 2:00 pm (CST)

Bid Opening in Conference Room at 402 N. Bois D’Arc, Forney, TX 75126

Evaluation of proposals: September 16, 2026

*No Pre-Proposal Meeting will take place. However, it is strongly encouraged that potential Proposers familiarize themselves with the locations and proposal requirements prior to submission of a proposal.

GENERAL REQUIREMENTS:

1) Requesting proposals for wrecker/towing service.

2) The Proposer may begin work as early as the first week in October 2026 for the scope of work.

3) The Proposer agrees to abide by any and all instructions from the City regarding said services. In accordance with this section, the Proposer also agrees to perform all duties and professional services authorized by the City which are set forth in this contract and other reasonable instructions from the City or its agents which are necessary to perform under the terms of this contract.

4) The Proposer is responsible for providing the following information to the City, in true and correct fashion, on an information sheet provided by the City (Appendix E). The City Manager or a designee also may require any additional information of an applicant if deemed necessary.

a. Name and current address and telephone number(s) of the owner of the wrecker/wrecker company;

RFP 2026-008 – Wrecker/Towing Services pg. 9

b. Name and current address and telephone number(s) of the operator(s) of the wrecker(s);

c. Current certificates that are required by the State of Texas;

(i) Permit Number for Commercial Carrier Tow Truck

(ii) Permit Number for Wreckers Vehicle Storage Facility

d. Name and type of wrecker(s) to be operated;

e. A certificate showing the vehicle is adequately covered by public liability and property damage insurance; Attach copies of insurance.

f. Statement that the wrecker service company will provide wrecker services on a twenty-four (24) hour basis, seven (7) days a week; attached

g. Proof that each driver for the wrecker service who will be driving the wrecker for commercial purposes (receiving any funds) has a current and clear Texas CDL driver’s license and a Texas Department of Licensing and Regulation (hereinafter referred to as “TDLR”) issued Incident Management Towing Operator License;

Copies of driver licenses and certificates for each driver

h. Proof that each personnel for the wrecker service who will be conducting paper work and releasing vehicles has a TDLR issued Vehicle Storage Facility Employee License; copies of cards

i. Proof of a permanent and established place of business and storage facility within the City or within eighteen (18) miles of City limits from which the proposed wrecker service will be operated; and copy of the vehicle storage facility.

j. Proof of insurance policies required by the State of Texas, including Forms E, H, and I on vehicles, and Form T on Vehicle Storage Facilities. No officer or employee of the City has or shall have the authority to waive this requirement.

5) The successful Proposer shall comply with all applicable State laws and regulations that may affect cost, progress, performance or work, the Department of Transportation Regulations, and Motor Carrier Rules concerning the operation of a wrecker service and the Vehicle Storage Facility.

6) The successful Proposer shall furnish all supplies, tools, equipment, personnel and work experience to fulfill the terms of the Wrecker/Towing Service Agreement.

7) The City shall not be liable for any loss or damage sustained by the successful Proposer.

The successful Proposer shall hold the City harmless from any and all claims for liability or damage of whatsoever nature and kind, including cost of court and attorneys’ fees, suffered or asserted to have been suffered by any person or to any property of any person whomsoever, growing out of or resulting from or in any way connected with their performance of work under this agreement. The successful Proposer shall exercise every

RFP 2026-008 – Wrecker/Towing Services pg. 10 necessary precaution for the safety of the work site and the protection of any kind and all persons and/or property located adjacent to or making passage through the work site.

8) The successful Proposer shall not operate nor cause to be operated any piece of equipment that has had the appropriate safety switches or guards broken, removed or lost.

9) The successful Proposer must provide a valid telephone number and address at all times to the designated City department representative. The telephone number must be answered on a twenty-four (24) hour basis, seven (7) days a week.

10) The successful Proposer shall be responsible for removing any broken glass, debris, or junk from, on or along any street or other public place when conducting a consent or non-consent tow.

11) All monetary transactions for storage and tow fees shall be the responsibility of the successful Proposer. The City shall not be involved in nor be responsible for the exchange of funds between successful Proposer and third parties. The City reserves the option of attempting to resolve disputes between successful Proposer and any third party with regard to services rendered under the Wrecker/Towing Service Agreement.

12) The successful Proposer shall maintain complete, current, and updated records files on-site. All files and records regarding vehicles towed or stored under the Wrecker/Towing Service Agreement, as well as all vehicles stored under the Wrecker/Towing Service Agreement, shall be available for inspection during normal business hours by the City or the Forney Police Department upon request. At the time of the tow, an on-scene police officer will require the wrecker driver to sign that he is taking possession of the motor vehicle and its contents; the police officer then will furnish the wrecker driver with a copy of the impound slip for each non-consent tow. The wrecker service operator shall check the following items to verify for accuracy and completeness: License number, year model, make and body style, vehicle identification number, inspect and ensure all significant damage has been listed or items missing off of the vehicle. For repossession to occur by a lien holder while the vehicle is impounded, the lien holder or its representative must present paperwork showing execution of ownership and information making claim to the vehicle due to payments not being received. The release of a vehicle to a third party such as an insurance company requires presentation of proper documentation indicating a valid claim was issued on the vehicle.

13) The successful Proposer shall be responsible for a vehicle storage facility employee to be available and respond to the impound site for vehicle releases within one (1) hour of notification by means of a single designated telephone number at all times. The successful Proposer shall provide reasonable opportunity for vehicle owners to remove items from their vehicles and for appraisals and photographs to be taken by insurance agents, repair personnel, and other authorized agents of the owners or of the City. There will be no charge for this service.

RFP 2026-008 – Wrecker/Towing Services pg. 11

14) The Proposer shall furnish such reports, both oral and written, as may be required by the City or the Forney Police Department.

15) The Proposer shall provide completed Sales Receipt Request Forms (provided by the Forney Police Department) when impounded motor vehicles are ready to be auctioned.

Each form shall contain information showing that the successful Proposer has followed State law by notifying the registered owner and lien holder of the location of the motor vehicle and that the successful Proposer is responsible for preparing associated paperwork consistent with chapter 2303 of the Texas Occupations Code. The form will be accompanied by a copy of a local newspaper Public Notice of Auction, the $10.00 fee required by State law shall be submitted to the designee of the Forney Police Department and all property from the abandoned vehicle will be removed and returned to the Police Department. After receiving the forms from the successful Proposer, the Forney Police Department will complete the Auction Sales Receipts Form for the successful Proposer.

16) The Proposer, company officers, employees and families of officers and employees are prohibited from bidding or purchasing directly or indirectly vehicles, vehicle parts or any other items during auction.

17) All wreckers authorized to be used shall be identified by signage that is clearly visible in a contrasting color, 2 inches high, permanently affixed on each side of the wrecker identifying the wrecker company name, City and State located, TDLR permit number and its telephone number(s).

18) The Proposer shall provide adequate wrecker units capable of transporting modern vehicles without damage (for example: Wheel Lift, Tilt Bed, etc.).

19) The Proposer shall immediately notify the Forney Police Department of all unclaimed property removed from any vehicle at the time of its release from the storage facility. The Proposer will immediately notify the Forney Police Department if he believes or has reason to believe that a vehicle contains property that is stolen.

20) The Proposer hereby authorizes the Forney Police Department to conduct a background investigation, including a criminal history check, regarding suitability of the successful Proposer to represent the City and the Forney Police Department. The Forney Police Department requests information on each employee who will handle any impounds on the application and may request employees to be fingerprinted. The Proposer agrees that any individual employee who declines to submit to that procedure will not be used as a wrecker driver on City/police calls and will not be used to release or have access to impounded vehicles.

The Proposer shall provide to the City the above-required information before hiring a new employee and utilizing the applicant/employee for City/police wrecker calls or the release of impounded vehicles. The Proposer agrees, if the City of Forney or the Forney Police Department requests that a particular applicant/employee not be assigned to duties under the Wrecker/Towing Service Agreement that request will be honored.

RFP 2026-008 – Wrecker/Towing Services pg. 12

21) No employee shall be assigned to the contracted duties under the Wrecker/Towing Service Agreement if s/he has been convicted of a felony offense within the preceding 5 years.

Other misdemeanor charges and convictions will go under review of the City and the Forney Police Department. Criminal History statements will need to be signed; they are attached.

22) No driver will be assigned any contract duties under the Wrecker/Towing Service Agreement if, within the preceding three (3) years, s/he has been involved in three (3) or more accidents in which it could reasonably be determined that such driver was at fault.

No driver during the preceding five (5) years shall have received a final conviction for driving while under the influence of alcohol or controlled substance. No driver shall have been finally convicted of a provision of the motor vehicle or traffic laws of the State of Texas or the City while in the scope of such driver’s employment as a wrecker driver for the wrecker service, and where such violation occurred in connection with a police department request for towing.

23) The Proposer shall comply with all provisions contained in the Forney Code of Ordinances, Chapter 4, Article 4.08 Wrecker Service, as amended. The provisions of said Chapter 4, Article 4.08, of the Forney Code of Ordinances is incorporated herein by reference and constitute a part of the contract between the City and the Proposer, as if the same were fully set forth herein.

24) The Proposer agrees that an “Impoundment Fee” may be charged where extraordinary steps are taken to protect or preserve a vehicle and/or its contents. An Impoundment Fee will not be charged for normal courtesy services, e.g., raising and securing windows or locking doors.

25) The Proposer will use other designated wrecker services approved by the City in lieu of subcontracting out with another unapproved wrecker service. Other subcontracted wrecker services may only be used if approved by an on-duty City or Forney Police Department supervisor. The Proposer agrees to verify said wrecker service provider is currently a holder of an Incident Management Towing Operator License issued by TDLR.

26) The Proposer shall not leave vehicles that cannot be secured behind the fencing of the Vehicle Storage Facility unattended without documented approval from the vehicle’s owner.

27) The Proposer must comply with directives given by the Forney Police Department personnel during Forney Police Department pulls, towing vehicles to the tow truck service facility or any other location specified by the Forney Police Department for investigative purposes.

28) The Proposer agrees to reserve adequate spaces for the City, to include storage for semi-truck trailers and other large vehicles.

RFP 2026-008 – Wrecker/Towing Services pg. 13

29) The Proposer shall operate as an independent contractor and not as an agent, representative, partner or employee of the City, and shall control the operations at the work site, and be solely responsible for the acts of omissions of the Proposers’ employees or agents.

30) A Proposal constitutes understanding and acceptance of all terms, conditions, instructions and specifications contained in this Request for Proposal.

31) The Proposer will be responsible for any damages to properties outlined in the Request for Proposals due to negligence on the part of the Proposer or any of his representatives. Any damage to the properties is to be reported immediately to the City department representative.

32) Failure to correct all conditions, discrepancies or deficiencies and/or problems not in compliance with the Agreement within twenty-four hours from written notice will result in a penalty, paid to the City, in the amount of $200.00 per day. This penalty may be waived if written authorization granting additional time is received by the Proposer, from the City.

33) The Proposer shall equip all wreckers utilized for City-initiated tows with operational video cameras capable of recording activity at the two scene. Video recordings shall be retained for a minimum of thirty (30) days and shall be made available to the Forney Police Department upon request. Failure to maintain operational cameras or to produce requested recordings shall constitute a material breach of this Agreement.

34) The Proposer agrees that every vehicle towed at the direction of the City shall have the normal visual exterior (front, sides, rear, and roof if possible) of the vehicle documented by photos or video. Proof of photo or video documentation shall be made available to the Forney Police Department upon request.

RFP 2026-008 – Wrecker/Towing Services pg. 14

Appendix B – Proposal

Submittal Checklist: (To determine validity of proposal)

______Appendix B must be included in the proposal submittal

______Appendix C Conflict of Interest Form must be included in the proposal submittal.

______Appendix D No Intent to Submit Proposal (if applicable)

______Appendix E Wrecker Company Information Sheet

______Form 1295 Certificate of Interested Party must be submitted with the Texas Ethics Commission and included in the proposal submittal.

______Confidentiality/Non-Disclosure Agreement

______Cooperative Governmental Purchasing Notice

All proposals submitted to the City of Forney shall include this page with the submitted Proposal.

RFP Number: 2026-008

Project Title: Wrecker/Towing Services

Submittal Deadline: September 10, 2026 at 2:00 pm (CST)

Proposer(s)’s Legal Name:____________________________________

Address:__________________________________________________

City, State & Zip:___________________________________________

Federal Employers Identification Number #______________________

Phone Number:______________ Fax Number:_________________

E-Mail Address:____________________________________________

Proposer(s) Authorization

I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer(s).

Printed Name and Position of Authorized Representative:________________________________

Signature of Authorized Representative:_______________________________________

Signed this ____ of __________________, 20____

RFP 2026-008 – Wrecker/Towing Services pg. 15

I. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE

CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD

BY THE CITY, PROPOSER(S) MUST SUBMIT ALL OF THE FOLLOWING

INFORMATION:

1. Proposed Products and/or Services

A. Product or Service Description: Proposer should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A.

Promotional literature, brochures, or other technical information may be used.

B. Additional Hardware Descriptions: Proposer should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed.

C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Proposer with the Proposal submitted.

D. Project Schedule/Delivery Date: Proposer must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion, and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City’s Purchase Order.

2. Cost of Proposed Products and/or Services

Complete the fee column with the desired bid amounts.

Light Wrecker: Item Description Fee

1. Wrecker Tow Charge: This tow fee includes waiting time and clean-up time up to 30 minutes on-scene, the use of a rollback, street/roadway clean-up, and the use of dollies. Charges for towing from the scene of a wreck to a delivery point other than the Wrecker Services Pound within the city limits of Forney shall be the same as charges for delivery to the Pound. No transfer fee is authorized or allowed.

2. Additional Charge for Street/Roadway/Rollover/ Clean-Up Time: Additional time will be charged in 30-minute increments at $50 per hour with unlimited man-power, after the first 30 minutes that are included in the Wrecker Tow Charge. This charge applies to off-road recovery and to upright a vehicle due to rollover.

RFP 2026-008 – Wrecker/Towing Services pg. 16

3. Storage-Per-Day Fee: This fee will be charged in a twenty four (24)-hour increment from the time that the vehicle is impounded.

4. Impound Fee: This fee includes the paper work fee for each individual tow.

5. Notification Fee: This fee applies to each vehicle that was not released from the Pound and that needs certified letters mailed before sale at auction.

6. Sales Tax: This is the sales tax accessed on the total invoice for the vehicle.

8.25%

7. Outside-City-Limits Fee: This charge applies to all vehicles that need to be towed from the city limits to another location. The charge is based on the amount per mile from the city limits to the ultimate destination.

8. Fee for Non-Emergency Unlock Service: A flat fee is charged for assistance in the city limits of Forney in the non-emergency unlock of a vehicle.

9. Fee for City Vehicle Tire Changes: A flat fee per call is charged for all tire changes for CITY vehicles.

10. Fees for City Owned Vehicles/Equipment: When directed by the City.

Heavy Wrecker: Item Description Fee

1. Heavy Duty Charge: Incidents requiring a heavy duty wrecker shall be charged from the time dispatched to time delivered to the Wrecker Services Pound on an hour basis.

This service will include Street/Roadway clean up with in the first hour, use of dollies, recovery, and winching. This service shall be paid at a rate of a minimum of 1 hour.

2. Additional Charge for Street/Roadway/Rollover/ Clean-Up Time: Additional time will be charged in 30-minute increments at $75 per hour with unlimited man-power, after the first hour that is included in the heavy duty charge. This charge will apply to off-road recovery or to upright a vehicle due to rollover.

RFP 2026-008 – Wrecker/Towing Services pg. 17

3. Storage-Per-Day Fee: This fee will be charged in a twenty four (24)-hour increment from the time that the vehicle is impounded.

4. Impound Fee: This fee includes the paper work fee for each individual tow.

5. Notification Fee: This fee applies to each vehicle that was not released from the Pound and that needs certified letters mailed before sale at auction.

6. Sales Tax: This is the sales tax accessed on the total invoice for the vehicle.

8.25%

7. Outside-City-Limits Fee: This charge applies to all vehicles that need to be towed from the city limits to another location. The charge is based on the amount per mile from the city limits to the ultimate destination.

8.Fees for City Owned Vehicles/Equipment: When directed by the City.

3. Term of Contract and Option to Extend

Any contract resulting from this RFP shall be effective for one (1) year from date of award.

The City anticipates that the contract may be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract:

A. Option Clause: It is agreed that the City will have the option to extend the contract for up to two (2) additional annual terms. To exercise this option, the City shall serve notice sixty (60) days prior to contract termination or to the end of any one-year term. The Option to Extend will not be considered if funding is unavailable or if the contractor’s past performance is not within the industry standard.

4. Proposer’s Experience / Staff

A. Project Team: Identify all members of the Proposer’s team (including both team members and management) who will be providing any services proposed and include information which details their experience.

B. Employee Standards: All employees working on this RFP must be able to pass a background check to gain entry into secure areas of the facilities and to maintain the integrity of the Surety Bond.

RFP 2026-008 – Wrecker/Towing Services pg. 18

C. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project.

D. Business Establishment: State the number of years the Proposer’s business has been established and operating. If Proposer’s business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided;

State the number of years’ experience the business has:_____; and the number of employees:_______.

E. Project Related Experience: All Proposals must include detailed information that details the Proposer’s experience and expertise in providing the requested services that demonstrates the Proposer’s ability to logically plan and complete the requested project.

F. Confidentiality/Non-Disclosure Agreement: The Proposer shall attach to its proposal, it’s recommended confidentiality and non-disclosure agreement that will apply to the Proposer and all its agents, employees or representatives whatsoever and shall be written to protect the City from the unauthorized release of information maintained in the city in locations where Proposer may have access. A successful Proposer shall be required to modify any such agreements so that they are applicable to Proposer’s business entity and all agents, employees and representatives of the entity servicing the contract. All such proposed agreements shall be subject to approval by the City Attorney’s Office.

5. References

Proposer shall provide four (4) references where Proposer has performed similar to or the same types of services as described herein.

Reference #1:

Client / Company Name: _________________________________________________________

Contact Name: _________________________________________________________________

Contact Title: __________________________________________________________________

Phone: ________________________________________________________________________

Email: ________________________________________________________________________

Date and Scope of Work Provided: __________________________________________________

RFP 2026-008 – Wrecker/Towing Services pg. 19

Reference #2:

Client / Company Name: _________________________________________________________

Contact Name: _________________________________________________________________

Contact Title: __________________________________________________________________

Phone: ________________________________________________________________________

Email: ________________________________________________________________________

Date and Scope of Work Provided: __________________________________________________

Reference #3:

Client / Company Name: _________________________________________________________

Contact Name: _________________________________________________________________

Contact Title: __________________________________________________________________

Phone: ________________________________________________________________________

Email: ________________________________________________________________________

Date and Scope of Work Provided: __________________________________________________

Reference #4:

Client / Company Name: _________________________________________________________

Contact Name: _________________________________________________________________

Contact Title: __________________________________________________________________

Phone: ________________________________________________________________________

Email: ________________________________________________________________________

Date and Scope of Work Provided: __________________________________________________

6. Trade Secrets and/or Confidential Information

Trade Secrets and/or Confidential Information: This proposal (does) (does not) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure.

7. Federal, State and/or Local Identification Information

a. Permit Number for Commercial Carrier Tow Truck: _____________________

b. Permit Number for Wreckers Vehicle Storage Facility: ___________________

RFP 2026-008 – Wrecker/Towing Services pg. 20

8. Emergency Business Services Contact Notice

During a natural disaster, or homeland security event, there may be a need for the City of Forney to access your business for products or services after normal business hours and/or holidays. The City may request City employee pick up or vendor delivery of product or services.

For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical the Proposer’s emergency contact information remains current. The City shall be provided in writing with any change to a contact name or phone number of these emergency contacts.

All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The Proposer shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general, orders will be placed using a City of Forney procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee, if applicable.

The Proposer shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below.

Business Name: ____________________________________

Contract #: ____________________________________

Description: _____________________________________________________________

Primary Contact (Name): ___________________________________

Primary Contact Phone Numbers: Home: Cell: ____________________________

Secondary Contact (Name): __________________________________

Secondary Contact Phone Numbers: Home: Cell: _____________________________

After Hours emergency opening fee, if applicable: $___________________

II. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER

MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT

RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND

CONDITIONS, WHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH

PROPOSER AGREES BY SUBMITTING A PROPOSAL:

1. Delivery of Products and/or Services

A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice.

RFP 2026-008 – Wrecker/Towing Services pg. 21

B. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided.

C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice.

D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order.

2. Miscellaneous

A. Independent Contractor: Proposer agrees that Proposer and Proposer’s employees and agents have no employer- employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, the City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave.

B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee.

C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Proposer or Proposer’s vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.

D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Proposer, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract

E. Financial Participation: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

RFP 2026-008 – Wrecker/Towing Services pg. 22

F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein.

G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract.

H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations.

3. Financial Responsibility Provisions

A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require:

i. Worker’s Compensation and Employer’s Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas;

ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;

iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage.

iv. Incident Management Towing Permit for each vehicle that is registered to operate non-consent tows (permitted for incident management towing), minimum coverage amount $500,000 of liability insurance for the tow truck, and minimum coverage amount $50,000 of cargo insurance for the tow truck;

v. Vehicle Storage Facility Insurance for no more than 50 vehicles coverage = $9,000 total, 51 – 99 vehicles coverage = $18,000 total, or 100 or more vehicles coverage = $25,000 total

The preceding amounts notwithstanding, the City reserves the right to increase the minimum required insurance to be effective thirty (30) days after notice is sent to the…