HomeMy WebLinkAboutContract 28625! �
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CONTRACT FOR TC7W TRUCK SERVICE
(TILT BEDIROLL BACK)
WHEREAS, the City �# Fort Worth occasionally requires the services of
tow trucks, and
WHEREAS, sucn tow truck services ara n�cessary to protect the safety of
the citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Vllorth, hereinafter referred to as "City", acting herein by
an� through Libby Watson, its duly auf�arized Assistant City Manager, and G�u i
Simons Wrecker Serviee lnc., hereinafter referred to as "Company", acting
herein by and through Brad Culp , its duly authorized President, agree as
fol�ows;
�.
SERVICES
C�ty hereby contracfs with Company tQ provide pnlice pull towing service.
A5 used herein, °police pul�" shall mear� that the Forf Worth Police Department
has call�d Company from the rotation list to either remove a wrecked or disabled
vehicle or fo remave a vehicle in a safe driving condition, but the owner is not
present, able or permitted to drive or to make authorizations.
2. .
TERM
The initial term of this contract shall expire on September 30, 2003. In
addition ta the initial term of this contract, there shal� be four options to renew for
terms of one y�ar each, unless earlier terminafed as hereinafter provide�.
Renewal shall occur upon City including in its budget for the a��ions years
sufficient funds ta pay for its obligations h�reund�r and Company providing proof
of insurance to City.
3.
COMPENSATION
3.1 Com�ensation. As campensation for providing �th�� ���rivi���s ._,
contempiated by this Contract, City agrees to pay Company as follr�wr�� ,,����r�
. :�I���� ���t
a) Towaae. A charge of one hun�red twenty five dollars ($125.00) for towing
such vehicle from one point on a street to another location within the
corporate limits of the city as directed by the police officer at the place where
the tow originated; such charge includes one-half hour of Extra Work. In the
event Gompany res�onds to the scene of a police pufl with a tilt bedlroll back
trUck when the police pull could have been accomplished with a standard tow
truck, Company snall be enfitled to fhe reduced charge of One hundred
dollars (�1 DO.OQ).
b) Second tow venicle. In the e�ent the police officer at the scene det�rmines
that a standard tow vehicle is required in addition to the tilt bedlro[I back
truck, a charge of One hundred Dollars ($100.00) per hour, with a minimum
charge of onE hour, billed in incremenfs of fifteen (� 5} minutes while at the
scene af the palice pu[I. A police supervisor shall approve the use of a
second taw truck. Travel time is excluded.
c) Extra woTk. An addi�innal charge of One hundred doflars ($100.00) per
hour, with a m�nimum charge of one hour, c�arged in increments of fifteen
(15) minutes, for removing vehicles that are off the street right-af-way, such
charge to be made from the time the operator begins to remove the vehicle
�ntil it is on the traveled portion of the street. E�en though th� vehicle is
wit�in tF�e sfreet right-of-way, an additional charge may be mad� if the vehicle
is located in some Unusua[ condition witF�in the right-of�way, such as, but nat
limited to, a rivar or a creek bed or a ditch of greater depth fhan iE�e ordinary
bar ditch. Extra work shall only be allowed when authorized by a police officer
at the scene af the pull. The charges for such extra work shail �e r�viawed
and ap�roved by the Auto Pound Wrecker Administrator. Extra work
excludes travel time, waiting time, and clean-up time.
d} Handlinq hazardous mate�ials. When the cargo of any motor vehicle or
trailer includes explosive, nuclear, radioactive, hazardous or corrosive
materials, as defined by fhe Environmental Protectior� Agency, Texas
Department af Transportation, or the Texas Commission on Environmenta{
Quality, a fee equal to one hundred-f�fty (150) percent of the charges
Ti I l Wrecicer 2
Pa�e 2 of l2
r
permitt�d und�r subparagrapn "a" above. In addition, a cnarge may be made
for expenses incurred related to protective clathing and any other supp�ies or
equipment �ased in i�andling such materials, such charge being equa! �o the
actual amounts incurred plus fifteen (�5} percent.
e) Nothing contained herein shall be constr�ed so as to obiigate City to expend
any sums of money except for wark actually perFormed. Further, nothing
contained herein shall be construed so as to guarantee that City will confact
Company for any towing se�-vice contemplated by this Contract.
3.2 I�voicinq and Pavment, Company shall Invoice City onc� per month,
Company shall include with the invoice such documents as may be reasonably
requested to provide evidence of the services provided to the City, which at a
minimum s�all inc�ude coPies of the wrecker selection form signed by the offic�r
at th� scene of th� polic� pull andlor personnel at the �ort Wor�h Auto Pound.
Such invoice shall be subject to the review and approval of a�propriate City
�ersonnel. City shall remit payment to Company not more than thirty (30) days
following approval of invoice.
3.3 Compensation Review. City shall review on an annual basis the
compensation provided for hereunder, with the first such r�vi�w to b� conducted
during the monfh of August 2003. Similar r�views shall occur in August of eacf�
succeeding year that this confract is in effect. City shall make adjustments in fhe
comp�nsation based �pon increases ar decreases in the cost of doing business,
taking into consideration fuel, insurance, labor, and such ather costs as may be
relevant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all tim�s th� following vehicles and equipment
in working condition:
a} A minimum of ane (1) tilt bedlroll back dual rear wheel wrecker rated at not
less than 14,Ofl0 pounds gross vehicle weight.
bj At a rninimum, all wreckers sha�l be equipped witf� ��e following equipment,
wYtich at all times sha�l be maintained in working order:
'filt Wrecker
Page 3 of 12
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1)
2)
3)
4)
5}
fi)
7)
8)
9}
10)
11)
� 2}
13)
�4)
15)
Tow bar
Towing lights
Emerg�ncy overhead warning lights �r�d or amber color' only)
Safety chain
Fire extinguisher, A.B.C. Type
Wreckir�g bar
Broom
Ax
Shpvef
Reflectors or traffic canes
Trash container
Two way voice or camputer communication between tow truck and
Company dispatcher
BacKing warning signals
Wheel chocks
Traffic cones
c) Each wrecker shall hav� the ide�tifying markings requ�red by the Texas
Transportatian Code, section 642.002. ln addi�ion, each wrecker shall provide
Notice of Complaint Procedures to the owner of a towed vehicle as outlined by
the Texas Deparkment of Transportation Rules an� Regulations as contained in
43 Texas Administrative Cade, Chapter 18, subchapfer 18.89, as same may be
am�;nded from time to time.
d) Each tow truck and the required equi�ment shall be ir�spected by the Chief of
Police or his autharized designee prior to being used for services contemplated
by this con#ract. In addition, each tow truck and the required equipment shall be
subject to intermittent inspectior� to assure com�liance with this contract.
7'ilt Wrecker 4
Page 4 of 13
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5.
1NSURANCE REQIJIREMENTS
Company snall maintain insurance of the following types and amounts from
insurers acceptable to the City:
�.1 Commercial General Liability
$5QO,QQO each acc�rrenc�
��Q0,000 aggregat�
or
Garage Liability
$500,000 �ach accident, other than auto
$50Q,000 aggregate
5.2 Automobile Liability
$5Q0,0�0 each accidenf, combin�d single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Company's operafing authority.
5.3 Cargal4n-Hook
$30,OQ0 per �nit
Coverage shall include both the uni� being #owed and its contents.
Units covered shall include but nof be limited to motor vehicles,
trailers and boats. Coverage sha1� be written on a direct primary
basis.
5.�} GAF�AGEKEEF'ER'S LIABILITY
$3Q,000 per unit
5.5 Worker's CompensaiianlAccident lnsurance
Coverage shall meet the minimum r�quirements of state law as can-
tained in the Motar Carrier Rules and Regulations�
5.6 Current insurance certificates shall remain on file with the City during the
term of this Confract. [nsurance caverage may, at the sole discretion of the City,
be revised upward upon thir�y (3D) days prior written notice to Company. Policies
shall �e endorsed as follows:
Tilt Wrecker �
Page 5 of 12
a) The Cify, its officers, employees and servants shall be endorsed as an
additianal insured on alf policies except employer's lia�ility insurance
coverage under the workers' compensation insura�ce po[icy.
b) Certificates of insurance shall be d�livered to the supervisor of the City of
Fort Worth Auto Paund, 1301 E. Northside Drive, �ori Worth, TX 76102,
prior to any work being performed under this contract.
c) Any failure on part of the City to request required insurance
documentation shafl not constitute a waiver of the insurance requiremer�fs
specified herein.
d) Each insurance policy shall be endarsed ta p�ovide the City a minimum
�hirty days notice of cancellation, na�-renewal, andlor material change in
policy terms ar coverage. A ten days notice shall be acceptable i� the
even# of non-payment of premium.
e) lnsurers must be authoriz�d to do bus�ness in the State of Texas and
have a current A.M. B�st rating of A: Vll or equivalent measure of financiaf
strengfh and solvency.
f) Deductible limits, or self-funded retentian limits, on each Policy must not
exceed $10,040.00 per occurrance unless otherwise approv�d by the City,
g) Other thar� worker's com�ensation insurance, in lieu of traditionaf insurance,
City may consider aiternative coverage or risk treatment measures through
ins�rance poals or risk reteniion grou�s. The City musf approve in writing
any alternative caverage.
h) Wor�ters' campensation insurance polic�r(s) covering employees shall be
endarse� with a waiver of subrogation providing r�ghts of recovery in favor
of the City.
i) City shall not be responsibl� for the direct payment of insurance premium
costs.
j) lnsuranc� policies shall eaeh �e endors�d to provide that such insurance
is primary protec�ion and any self-funded or commercial coverage
maintained by City shal[ not be called upon to contribute to loss recovery.
Tilt Wrecker �
Aage G of l2
, �
k) Com�any shall report, in a timely manner, to City's officially designated
contract administrator any known loss accurrence which cauld give rise to
a liability claim or lawsuit or which could resu[t in a property loss.
1) Company's liability shall not b� limited to f�e sp�cEfied amounts of
insurance required herein.
m) Upon the request of City, Cam�any shall provide complefe copies of all
insurance policies required by these contract documents.
5.T In the event a state or federal law, rul� or regulation pertaining fo wrecker
Sf;NICE companies operating within th� Sta#e of Texas exceed insurance
requirements specified herein, such staf� or federal law, rule ar regu[ation shafl
prevail for the respective type of insurance coverage andlor limit thereof.
,:
DIJTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shall perform the following duties
and have the following responsibilities:
a) Maintain as its �rimary business the towing of vehicles or trailers by
wreckers meeting the requirements of paragra�hs 4(a) and 4(b) above.
"Primary business" shatl mean thaf Company receives more than fiifty per-
eent (50%) of i# gross revenues from th� towing of vehicles and trailers. All
of company's records shall be open to reasonable inspection, both at the
time of execution of this agreement and at any time during the term her�of,
to �erify compliance with this condition.
b} Mainfain a currently licensed vehicle siorage facility located within tne
corporate limifs of the City. "Vehicle storage facility" shall mean a facility
operated by a person under Article 6fi87-9a, Revis�d Statutes.
c) Maintain business aperation twenty-four (24) hours a day, seven days �er
week.
d) Respond to all calls contemplated by this confraci withir� thirty (30) mir�utes
of notification, except in extraordinary situations wher� delay is caused by
ice, snow, or ofher weather related conditions. In the e�ent Company fails to
'fift Wrecker '�
Page 7 of 12
respond as required, City may notify another wrecker company and
Company shall nat be entitled to the campensation to which it would have
been entit[ed had it arrived timely.
e) Maintain on file with the City the name af the owner, president or chief
executive officer, business address and telephone number; fur�her
Company shall notify the Ci�y of any change of ownership, presi�ent or
ehief executive officer, or change of address within five (5) business days of
any such change.
f) Deliver the mo#or vehicle being towed to the location within the corporate
limits of City designated by the police officer at the scene of the pull.
Delivery shafl be made without delay or detour.
g) Fully cooperate with any investigation conducted by the City regarding
complaints against Compar�y, wheth�r or not such com�laints arise ouf of
services contemplated by this Contract.
h} Shall not become delinquenf in the payment of any taxes due to City.
i) Shall not go to any accident scene unless the Company has been ca[led to
the scene by the owner or operator of a vehicle or an authorized
representative of same, or by t�e City.
j) Completely remove all debris resulfing from any accident to which the
Company is responding. Removal of debris shall not be considered
complete by merely sweeping it to the curbline.
k) Shall not solicit any wrecker business within the carparate limits of City at
the scene of a wrecked or disabled �enicl�, regardless of whether the
solicitation is for the purpose of soliciting the business of towing, repa[ring,
wrecEcing, storing, trading, ar purchasing the vehicl�,
l) Shall only employ drivers af tow trucks authorized to operate same,
m}Provide the Police Pound p�rsonnel with an in�oice at th� time the vehicle
is delivered to the Auto Pound together wi#h the signed wrecker selection
form to be pro�ided.
Tilt Wrecker �
Page 8 of 12
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7.
TERMINATION AND SUSPENSION
7.1 This co�tract may 6e terminated or suspended by the City for any of the
fa[lowing causes:
a) Violatior� of any term or condition specified in this contract.
b) Failure to notify �he Cammunica#ions Di�isian of the Police Department
within fiifteen (� 5) minutes from the time of notification if the Company will
be unable ta respond witE�ir� the thirty (30) minutes alfotted for a response io
a wrecker call.
c} Permitting a tow truck ta be operated by anyone while und�r the influence
of alcoho[ andlor drugs.
d) Permitting a fow truck to be operated by anyone whose operator's license
is suspended.
e) Transferring or assigning any call for service to any other company
f} Any sustained camplaint of �heft by personnel af Company while acfing in
their capacity as employees of Company, whe#her occurring dur�ng a police
pull or oth�rwise.
g) Ar�y sustained complaint of threats made by personnel of the Company
while actir�g in their capacity as empfoyees of Company made against third
parties during a police �ull or otherwise.
h) Fail[ng to camply with all directians of pplice personnel at the scene of a
police pull or civilian or police personnel at the Police A�ato Pound.
Com�any may request a police superviso�- to �alidate any such direction
given.
�) Failure to comply with any state or federal law or city ordinance related to
fhe operation of a wrecker company.
j} Fi�e (5) passes withi� a thirty (3D) day period, Pass in this paragrapn sha�l
mean Company failing to natify the City of its inability to respond to a
request for service as required by paragraph 2 above.
Tilt Wrecker (�
I'age 9 01' l2
k) Ten (10) passes within a thirty {30} day period. Pass in this paragraph
shal� mean a Company notifying the City of its inability to respond to a
request for service as required by paragraph 2 above.
I) Violation of any rule or regulation contained in Exhibit "A" attacned hereto.
7.2 City shall nofify Company in writing of its intent to terminate or suspend for
cause twenty (20) days prior fo sucn suspensian or t�rmination. Company sha[I
have the right to requ�st a hearing before the Chief of Pofice or his des�gnee
re�arding the in#ent ta terminate or suspend for cause by requesfing a hearing in
writing within five (5) business days after receipt of notic� of intent to terminate or
suspend. A hearing sha[I be canducted within fifte�n (15) days of the request for
hearing. The City, in its sole discretion, may temporarily suspend this contract
during any appeals process.
7.3 In the event this contract is suspended for cause, the suspensian shall be
for. a period of time af na# less than six (6} months nor more than iwelve (12}
months.
7.4 In fhe e�ent City suspends or terminates t�is canfract for cause, and th�
cause for such suspension ar termination is determined ta be in�alid, Company's
sole remedy shall be reinstatement of this cantract. Company expressly waives
any and all rights to monetary damages, including but noi limited to actual and
punitive damages, caurt costs and attorney's �ees.
8.
INDEMNIFICATION
Wifh regard to any liability which might arise hereunder, City and Customer
agree that th�y shall be solefy and exclusively liable for the negligence of its own
agents, servants, subcontractors and employees and that neither party shall look
to the ather par�y to save or hold it harmless for fhe consequences of any
negligence on th� part of one of its own agent, S�IV�CIf, subcontractor ar
employee. Nothing contained herein shall be construed tv be a waiver by City of
any right of protect�on that it enjoys under app[icable State or Federal law.
']'ilt Wrecker 1 �
Page I d of [ 2
ATTEST:
�
J ,��-��..,
� Glor' Pearson
C�ty Secretary
APPROVED A5 TO FORM
AND LEGALITY
�
Assistant City Attorney
ATTEST:
Corporate Secretary
Guv Simons Wrecker
Service {nc.
{Company Name)
Bjl: Y'v�-.�`-� � -
Brad Culp, President
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CITY C�.�`'ORT WO�TH
By: �
�---��
�ibby W�t,gon
Assistant City Manager
� 1 � - a"�J � F
Cantract Authariz��ion
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.
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ti� �. .
Da�.e
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G .` J�- ,.-
Till WrecEeer 12
Page l2 of 12
���`�.�.i�� � �
���� I����
��t� �O���V�/Iiu� ilflBS ��if� I'��YYI`sAf�TO➢1S �'V��� A7G �O��o��d �y t�L �'y-ec��r C��ap��an�s
wpn� �rrival at tilae A�n�� Pmu�ad.
1. The entry ga#0 wiIl not Ue bIocked Uy wreckers waitulg to ex�fier or exit the Auto
Po�.uld.
2. No wreclter shalI eilter fhe Auto Ponnd wit� inore tla�� one (1} person/operaiar,
unless autlzoY-ized by the on duty sliif� supervisor. Tl�.is wili be done oi1 a case �y
case basis.
3. For safety reasons, a Car Can7er will be reqlYxred to off load their cargo wUen
possib�e, Tlus sliall be deten�lined by �a o� duty supeivisor.
4. Lnventories sl�ottld be handled in an expeditious mann.er when pQssible. However,
Auto Pouiid pe�-soiu�el ara required to do a complete ai�d precise inve�tory of alI
propei-ty a��d vel�.icles. A specific tima fianze would Ue iiupassil�le to insiiiute.
5. Na wzecicer drivei/operataz will assist wrt�i any inve�tory l�eing conducted by
Auto Pound pe��sor�uel.
6. The use a�' Car CaI11�P�5, exi�a tiiv�e, ex�ra equipn�ent, etc,, s��all be SLi�j�C� �4
appra�ral by tize Wrecice� Ad�iuusiratar.or Au�o Poun.d 5u�ervisor.
7. VJrecicer cl.ri�vers/apeiata�slowners s11a11 Ue required to follow a��y d'u•ectians or
ulstr�c�ian.s given by Auto Pound personneZ.
S, Wrecker Conzpar�y Owners slzall �5515� aald co���ly witI�. any investigatiaa
perfoiv�ed by ALito Pou�d personnel or t��e Fort Wai� Police Deparhxaent in
reg�rds to their compaily, ci�iver, operator aud ar business withoLit hesztafion.
9. Violatioiis of a�1y o�' fhe abo�e i-�l�s sllall be subject to review hy t11e Wrecker
Adminisfrator or Au�o Pauud Supe�visor,
TI�e Au�o Potrx�d Su�eivisar or a liigher Ie�vel o€ camina�ld ivay �.eten�.luie
disci�al�.�.a�y action up to uid inchidulg tez-uunatiail of co�tract. �
�`ity of Fort bi�o�th, T'exc�s
���� #�f1� ��1����� ����1L��1�1�1����
DAT� REFERENCE NLIMBER LOG NAME PAGE
4/8103 �d1 g�4�, 35TOWS 9 of 2
5UBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED �R ABAN�ONED VEHICLES FROM MU�.TIPLE
VENDORS REQUIRED BY CITY ORDINANCE F'OR THE POLICE DEPARTMENT
RECOMMENDATION:
1t is recommended t�at the City Cauncil:
1. Authorize contracts for Police Department requested non-consent towing of wrecked ar abandoned
�ehicles fram mu{tiple vendors as required foy Section 34-18'f of the Cod� of t�e City af Fort Warth
(1986), as amended; and '
2. Authoriza t�e coniracts #o begin April 8, 2Q03, and expir� September 3�, 2003, wit� options to
renew for four additional ane-year periods; and
3. Adapf the attached s�pplemental appropriatian ordinance increasing esiimated receipts and
appropriations by $446,944 in the General �und from avaiiable f�nds.
DISCUSSION:
Sectian 34-189 of the Code af t�e City of Fort Worth (1986), as amended, required that all police
department, nan-eansent tows, shall be undertaken pursuant #a contracf, specifically exeeuted �efween
the City and a wrec�er company. The Pub�ic Safety Committee extensively re�iewed the new rates and
unanimously appro�ed this recammendation on March 25, 2003.
There are three types of contracts and rates as follows:
• Sfandard taw trucks $100
• Til� bedlroflback tow trucks $12�
• Tandem taw tr�cks $180
Contracts w�ll be executed with any vendor desiring to pertorm non-cansent tows for the Police
Department, if they meef the coniract requirements s�ch as towing operations being the vendors
primary business, equipment sp�cifications, insurance, and a locally licensed storage facility.
The fees for services fa be provided and assignment to one of four zones are �he same as con#ained by
City Code. The estima#ed expenditure for these services is $1.8 milliort per year including the
anfici�ated increase (af $446,944j for the remainder of the fiscal year based on the revised rafes. This
increase wilf be affset by revenue collected as fees.
RENEWAL OPTIONS - These contracts may �e renewed for up to four successi�e one-year terms af
tf�e City's option. This action does not requir� specific City Council approval proWided the City Cauncil
�ity o��'o�t T�o�tlz, 7'exas
�y�� �r�l� �c��nc�! ����i�n�cc�����1
bATE F2EF�F2ENCE NUMBER LOG NAME PAGE
4isro3 ��� g�4� 35TOWS a of 2
suBJ�cT SUPPLEMENTAL APPROPR�ATI�N ORDINANCE AND C4NTRACTS FOR NON-
CONSENT TOWiNG O� WRECKE❑ OR ABANDONED VEH[CL�S FROM MULTIPLE
VEND�RS REQUIRED BY CITY ORDINANCE FO.R THE POLICE DEPARTMENT
has appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL IN�ORMATIONfCERTIFICATION:
Th� Finance Director certifies that u�o� approval ar�d campletion of the above recommendations and
the adoption of the attached supplemental appropriation ardinance, funds will b� a�ailable in the current
operating budget, as appropriated, of the Genera{ Fund.
LW:r
Submitted fpr Cify Mana�er's
af�ce 6y:
� FUNn
� (to)
� GG01
6383 GG01
�
483$6 I (from)
GG01
�
78262 I
r
� Accou�vr � c�Nr�R
53912� 0353403
4fi2624 �353403
AMOUNT
$446,944.D0
$446,944.00
Lihhy Watson
OriginAting Department H�ad:
Ralph Mendoza
A.dditioaal I�formAtinn Contaet:
Susan Alanis
C1TY SECRETARY
APPROV�D 04/08/43
539120 �353403 $4&6,94h.OQ � ORD,# 15517
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