HomeMy WebLinkAboutContract 28628tl n
. . CI�Y ��C�EiR�V����
' C�NTRACT FOR TOW TRUCK SERVICE ��N����� �'
{TILT BEDIROLL BACK)
WHEREAS, the Cify af Fort Worth occasionally requires the services of
taw trucics; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of fihe City of Fort Worth,
N4W, THEREF�RE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, here�nafter ref�rred to as "City", acting herein by
and through Libby Wa�son, its dufy authorized Assistant City Manager, and Tow
Op Svstems Inc., d�a Buddv's Tawir�q , h�reinafter referred to as "Company",
acting herein by and through Javice E Halcamb , its duly aufi�orized
Pr�sid�nt , agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing s�rvice.
As used herein, "po[ice pull" shall mean that the Fort Wor�h Police Departm�nt
has called Company from the rotation list to eitf�er remove a wrecked or disa�led
�ehicle or ta remove a vehicle in a safe driving condition, but the owner is noi
present, abfe or permitted to drive or to make authorizations.
2,
TERM
The initial term o# tnis contract shall c�xpir� on S�ptember 30, 20Q3. In
addition to the initial term of this cantracf, there shall be four optians to renew for
terms of one year each, unless earlier terminated as hereinafter pro�ided.
Renewal shalf occur upon Gity includin� in its budget for the opfions years
sufficient tunds to pay for its ob{igations hereUnder and Company providing proaf
of insurance to City.
K�
COMPENSAT{ON
3.1 Compensation, As campensation for praviding hi�: ��i��
cnntemplafed by this Cantract, City agrees ta pay Company as folf�w�. pJ�����
�,
�g� � ���-
0
a) Towage. A charge of one hundred twenty five dollars ($125.40) for towing
such vehicle from one point on a street to another location within the
corporate limits of the city as direc#ed by the police officer at the place whera
�he tow originated; such charg� includes ane-half hour of Extra Work. In the
�vent Company r�sponds to the scene af a police pull with a tilt bedlrall �ack
trUck when the polic� pull could i�ave b�en accomplished with a standard tow
truck, Company shall be entitled to the r�duced charge of One hundred
dollars ($100.00).
b) Second tow vehicl�. In the event the police officer at the scene determines
tnat a standard tow v�hicle is required in addition to the tilt bedlroll back
truck, a charge of One hundred Dollars �$100.00) �er haur, with a minimum
charge of one hour, billed in increments ofi fifteen (15} minutes while at the
scene of the police pull. A police supervisor shal{ approve the use of a
second tow truck. Tra�el time is excluded.
c) Extra work. An additianal charge af One hundred dollars ($�00.0�) per
hour, with a minimum charge of one hour, charged in increments o# fifteen
{15) minutes, for removing vehicles tt�at are off the street right-of-way, such
charge to be made from the time the operator begins to remove the v�hicle
until it is on the traveled portion of the street. Even thougi� the �ehicle is
within the street righf-of-way, an additional charge may E�e made if the �ehicle
is focated in some unusuaf condition within the right-of-way, such as, but not
limited to, a river or a creek bed or a ditch of greater depth than the ordinary
bar ditch. Extra work shall only be aflow�d wh�n authorized by a police ofificer
at th� scene of the pull. The charges far such �xtra work shall be reviewed
and approved by fhe Auto Pound Wrecker Administrafar. Extra work
excludes travel tim�, waiting fime, and clean-up time.
d) Handlinq hazardous materials. When the cargo of any motor vehicle Qr
trailer includes explosive, nuclear, radioacti�e, hazardous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
Department of Transpartation, or the Texas Commission on Environm�ntal
Quality, a fee equal to ane hundred-fifty {1 �0) percent of the charges
Tilt Wrecker Z
]'age 2 oF l2
permitted under su�paragraph "a" abor�e. ln addition, a charge may be made
fior expenses incurred related to protective clothing and any other supplies or
equipmenf used in handling such materials, such charge being equal to the
acfual amounts incurred plus fifteen (15) percent.
e) Nothing contained her�i� shall be constru�d so as to o�ligate City to expend
any sums of mon�y �xc�pt for work act�ally performed. Further, nothing
contained herein shall b� construed so as to guarantee that Ci�y will contact
Company for any towing service cantemplated by this Contract.
3.2 Invoicina and Pavment. Com�ar�y shall lnvoice City once per month.
Campany shall include with the invoice such documents as may be reasonably
requested to provide evidence af the services provided to the City, which at a
minimum shall include copies of the wrecker selection form signed by tne officer
at the scene of the police pu11 andlor personnel at the Fort Worth At�ta Pound.
Such in�oice shal! be subject to the review and approval of appropriate City
�ersonnel. City shall remit �ayment to Company not more than thirty (30) days
following approval of in�aice.
3.3 Compensation Review. City shall review an art ar�n�al basis the
compensafion provided for hereund�r, with the first such review to be conducted
during the month of August 2003. Similar reviews shall occur in Augusf of eac�
succee�ing year that this contract is in effect. City shall make adjustments in the
campensation based upon ir�creases or decreases in the cos# of doing business,
�aking into consideratian fuel, insurance, labor, and such other costs as may be
relevant to th� operation of a towing �usiness.
4.
V�HICLE AND EQUIPMENT REQUIREMENTS
Carrjpany shall maintain at all times the following vehic[es and equipment
in working condition:
a) A minimum af one (1) tilt be�lroll back dual rear wheel wrecker rated at not
less than 14,OD� paunds gross vehicle weight.
b) At a minim�m, all wreckers shall be equipped with the following equipment,
which at al1 times shall be maintained in working order:
7'i1t Wrecker
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1)
2)
3)
4)
5)
G}
7)
8)
9j
10)
�1)
12)
13)
14)
� 5)
Tow bar
Towing lights
Emergency overhead warning lights (red or amber color only)
Safiety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
shovel
Reflectors or traffic cones
Trash container
Two way voice or computer communication between tow truck and
Company dispatcher
Bacicir�g warning signals
Wheel chocks
Traffic cones
c} Each wrecker shall have the identifyir�g markings required by the Texas
Transporta#ion Code, sectian 642.002. In addition, each wrecker shall provide
Notice of Complaint Procedures to the awner ofi a towed vehicle as ouflined by
the Texas Department of Transportatian Rules and Regulations as contained in
43 Texas A�minis#rative Code, Chapter 1$, subchapter 18.89, as same may be
amended from time to time.
d} Each tow truck and the required equipment shall be inspect�d by #E�e Chief of
Po�ice or his authorized designee prior to being used for servic�s contemplated
by this contract. In addition, each tow truck and the required equipm�nt sE�all be
subject to intermittent inspection to assur� compliance with this cantract.
Tiu wreoker
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4
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INSURANCE REQUIREMENTS
Company shall maintain insurance of the following fypes and amounts firom
insurers acceptable tn the City:
�.1 Commercial General �iabilEty
$500,OOQ each occurrence
$5Q0,000 aggregate
or
Garage Liability
$50a,000 each accident, other ti�an auto
$5�0,000 aggregate
5.2 Automob�le Liability
$500,000 each accident, combined single limit
This coverage shall include all v�nicles owned or non-owned that are
operating under Company`s operating authority.
5.3 CargolOnpHook
$30,000 per unit
Coverage shall include both the unit being towed and its contents.
LJnits covered shall include but not be limited to motor vef�icles,
trailers and boats. Coverage shall be written on a direct �rimary
basis.
5.4 CARAG�K��P€R'S �IABILI�Y
$30,OOQ per unit
5.5 Worker's CompensationlAccident lnsurance
Coverage shall meet th� minimum r�quir�ments of state !aw as con-
tained in the Motar Carrier Rufes and Regulatians.
5.6 Current insurance certificates shall remain or� file with tF�e City during t�e
term of this Contract_ lnsurance covera�e may, at the sale discretion of the City,
be rev�sed upward upon thir#y (30) days prior writter� natice to Company. Policies
shall be endorsed as follaws:
Tilf Wrccicer
Page 5 of l�
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a} The City, its officers, employees and servants sha{I be endorsed as an
additional insured on afl policies excepf emplayer's liability insurance
coverage under the work�rs' com�ensation insurance policy.
b) Certificates of insurance shall be deli�ered to th� su}�ervisor of the City of
F'ort Worth Auto Pound, 1301 E. Northside Drive, Fork Worth, TX 76102,
prior to any work being performed under this cor�fract.
c) Any faiEure on part of th� City to request required insurance
documentation shall not constitute a wai�er of the insurance requirements
specified herein.
d) Each insurance policy shall be endorsed to provide the City a minimum
thirty days notice of cancel�ation, non-renewal, andlor maferial change in
policy terms or coverage. A ten days notice shall be acceptable in the
event of non-payment of premium.
e) Insure�'s must be authorized to do business in the State of Texas and
have a current A.M. Best rating of A: VII or equivalent measure of financial
strength and solvency.
fj Deducfible limits, or self-funded retentipn limits, on each policy must nat
exceed $10,000.00 p�r occurrence unless otherwise appro�ed by the City.
g} Otner than worker's compensation insurance, in lie� of traditional insurance,
City may consider alternative cov�rage or risk treatment measures through
insurance �ools or risk retention groups. Ti�e City must ap�rove in writing
any alternative coverage.
h) Workers' compensation insurance policy(s) co�ering employees shall be
endorsed wifh a waiver of subrogation pro�iding rights of r�co�ery in favar
of the City.
i) City shall not be responsible for the direct payment of �nsura�ce premium
costs,
j} Insurance policiss shall each be endorsed to provide that such insurance
is primary protection and any selfi-fUnded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
Tilt Wrecker
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k) Company sha11 report, in a timely manner, to City's officially designated
contract administrator any known loss occurrence which cauld give rise to
a liability claim or lawsuit or which could result in a properEy loss.
I) Company's liability shall nof be limited to the specified amounts of
insurance required herein.
m) Upon t�e request of City, Company shall provide complete copies of all
insurance policies required by these contract documents.
5.7 In the event a sfate or federal law, ru�e or regulation pertaining to wrecker
service companies operating within the State of Texas exceed insurance
requirements specified nerein, such state or federal law, rule or regulation shall
prevail for the respective type of insurance coverage andlor limit thereof.
6.
DUTfES AND R�SPONSiBILITIES OF COMPANY
Company, during the term ot this contract, shall perForm the following duti�s
and have the following r�sponsibilities:
a) Maintain as its primary business the towing of ve�icles or trailers by
wreckers meeting the requirements of paragraphs 4(a} and 4(b) above.
"Primary business" shall mean that Company receives more than fifty per-
cent (50%} of it gross revenues fram the towing of vehicles and trailers. A11
of company's records shall be open to reasonable inspeetion, both at the
time of execution of this agreement and at any time during the term hereof,
to verify comp[iance with this condition.
b) Maintain a currently licensed vehicle storage faci[ity located within the
corporate limits of the City. "V�hicle storage facility" si�all mean a facility
operated by a person Under Article 6fi87-9a, Revised Statutes.
c) Maintain business operation twenty-four {24} hours a day, seven days per
week.
dl Res�ond ta all calls confemplated by this contract r�vithin thirty {30) minutes
�f nofification, except in extraordinary situatians where delay is caused by
ice, snow, or ather weather related canditions. In the event Company fails ta
Tilt Wrecke� 7
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respond as required, City may notify another wrecker company and
Com�any shall not �e entitled ta the comp�nsafion to which it would have
b�en entitled had it arrived fimely.
e) Main�ain on file with t�e City the name of the owner, president or chief
executive c�fficer, bus�ness address and telephor�e number; further
Com�any shall notify the City of ar�y change of ownership, president or
chief execufive officer, or change of address within five (5) business days of
any such change.
f) Deliver the motor vehicle being towed fio the location within the corporate
limifs of City designated by the �olice ofFcer at the scene of the pull.
D�livery shall be made withauf d�lay ar detour.
g} Fully cooperat� with any investigation conduct�d by the City regarding
complaints against Company, whether ar nat such complaints arise out of
services c�ntemplated by this Contract.
hj Shall nat become delinquent in the payment of any taxes due to City.
i) Shall no� go to any accident scene un[ess the Company has been ca[led to
the scene by the own�r or operator of a vehicle or an authorized
representative af same, or �y the City.
j) Completely remove all debris resu�ting from any accident to which the
Company is responding. Removal of debris shall not be considered
complete by merefy sweeping it to �he curbline.
k) Shall not solicit any vurecker business within the corporate limits of City at
th� scene of a wrecked nr disabled vehicle, regardEess of whether the
solicitation is for the purpase of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
1) Shall only employ dri�ers af fow trucks authorized to operate same.
m)Provide the Police Pound personnel with an in�oice at the time the vehicle
is �elivered to the Auto Po�nd together wifih the signed wrecker selection
form to be provided.
Tilt Wrecke3-
Page 8 of 12
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7.
TERMINATION AND SUSPENSION
7.1 This contract may be terminated or suspended by tY�e City for any of the
follawing causes:
a) Violation of any term or condifion specified in tt�is contract.
b} �ailure to nofify the Communications Division of the Police Department
witY�in fifteen {15) minutes from the time af notification if the Company wil�
be unable to respond within the thirty (30} minutes allatted for a response to
a wrecker call. �
c) Permitting a tow truck to be operated by anyone while under the influence
of alcohol andlor drugs.
d) Permitting a tow truck to be operated by anyone whose operator°s license
is suspen�ed,
e) Transferring o� assigni�g any ca11 for service to any ot��r company
f) Any sustained complaint of theft by personnel of Company while acting in
their capacity as employees of Company, whether occurring during a police
pull or otherwise.
g) Any s�stained complaint of threats made by �ersonnei of the Company
while acting in their capacity as emplayees ofi Company made against tnird
pa�ties during a police pull or otherwise.
h) Failing ta camply with all directions of pnlice personnel at the scene of a
police pull or civilian or police personnel at the Palice Au#o Paund.
Company may request a poEice supervisar to validate any such direction
given.
i) Failure to com�ly with any state or federal law or city ordinance refated to
the o�eration of a wrecker company.
j) Five (5) pass�s within a thirty (30) day period. Pass in this paragraph shall
mean Company failing to notify the City of its inability to respond to a
request for ser�ice as r�quired by paragraph 2 abo�e.
"I'ilt Wrecker
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ATTES :
.� %��� _
�°�"G o a Pearson
Ciky Secretary
APPROVED AS TO FORM
AND �EGALITY
`�-- ,
Assistant ty Attorney
ATTEST:
Corpora�e Secretary
Tilt Wrccicer
Yage l2 oF 12
:
CITY OF�`FORT WQ�TH
�
,
-�ibby 111��tson
Assistant City Manager
, � �� ' "U �� '
� _ � _1,� _
Ce�ntra�c�. Au��ori��t3ti�9n '-..
� r '- � �� -
. �
D�t�
Tow Op Svstems Inc. dba
Buddv's Towinq
(Company Name)
By: . ,
Joyc� � Ho`i�omb, Presid�nt
�2
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'�'��e �o➢�mwj�g ruies ��d reg����im��s ►W�i4 �e �oR��vs�ed by �.L �� ec@��� ���p��aa�s
upam aa-riv�l �t tlae At�t� P�und.
1. TIle entry gate will �of Ue blociced by wrecl�ers waiti�g to enter or exit the Auta
PoLuzd.
2. No ��'ecker sl�all ��ter tlze ALatQ Pauizd wit� zr�.ore tllail oile (1) perso�/operaior,
uniess author�zed by the a�i duty sl�ift supezvisor.' This u+ill be done on a case �y
c�.se basrts.
3. For safety reasans, a Car Can-ier wi�. be required to off �oad tl�eu ca1•go when
possible, This sha�l be detern�ined by �iie oi1 duty supez-visor.
4. Inveniories sllould 1�e laaaldled in ai1 expedifiaus ina�lner when �ossible. However,
Auio PoutZd persoiu7el are requir�d to do a complete and precise inve�tory o� all
property auld vel�icles, A speci�ic tin.�.e frame wouId i�e i�possible ta instituEte.
5, No vareclter driverloperator wi11 assist �vith a�iy uzventory �eing canducfed by
Atxto Potitnd persoiulel, _
6. The lise af Car Caizie��s, ext�a tuue, extra equipilze�t, etc., sliall be subj�ct to
a��roval Uy tlie Wrecicer Ad�a�.i.�aisfxator or Auto Pou�d St��eivisor.
7. Wrecker drivers/operators/ovvners sha�l Ue req�ired ta follow aai�.directions ar
insiructiozls given by ALt�a Pouud personnel. �
8. � Wrecker Cai�pas�y Owners shall assist aiid � co�lply �vitU any invest�gaiion
perfon�.�ed by Auto Po�nd persoxu�el ar the Fort Wortii Police ]�epart�a.e�zt in
rega.rds to their compaziy, ct��iver, operatox and or business withoui lxesitation.
9. Violatio�ls of a.i�y of the abdve rules slzall be subject io review �y t11e Wrecicer
Adnluustrator or Auto Patuld �upervisor.
T11e Auto Pound SLZ�ei-vi.sor or a l�igher Ievei of caininai�d �ay detei7�.7u�e
discip�anary actioll u�a to az�d ixxcluding tenl�zatiox� of coiztract.
City of �'ort i�o�th, T�acs
���� ��d. �����;a �������������
DA�E REFERENCE NUMBER LOG NAME PAGE
415103 �.�� g��� 35T�WS 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR N�N-
CONSENT TOVVING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS R�QUIRE� BY CITY ORDINANC� FOR THE POL.ICE DEPARTMENT
RECOMMENDATEON:
It is recommended thai the City Council:
1. Authorize cantracts for Palice Department requested non-consent towing of wrecked or abandoned
�ehicles from multiple u.endors as re�uired by Seciion 34-181 af the Cod� of the City af Fort Worth
(1986), as amended; and
2. Authorize the cantracts to begin Apri! 8, 2D03, and expire September 30, 2003, with aptions to
renew for four additional one-year periods; and
3. A�opt the attached supplemental appropriation ordir�ance increasing estimated receipts and
app�apriations by $446,944 in the General Fund from a�ailabl� �unds.
DISCUSSION:
S�ction 34-181 af the Cade of the City of F'ort WortF� (1986), as amended, req�ired that all police
department, nan-consent fows, shal! be undertaken pursuant to contract, specifically execu#ed between
the City.an� a wrecker company. The Public Safety Committee extensively re�iewed the new rates and
unanimously approved �his recarrmmendation or� March 25, 2Q03.
There are three types of contracts and rafies as follows:
� Standard t�w fruck� ��aa
� Ti[t bedlrollback tow tr�cks $125
• Tandem tow firucks $18�
Contracfs wilf be executed with any �endar desiring to pertorm non-cansent tows for the Pofice
�epartment, if they meet the contract requirements such as towing operations being the ven�ors
primary business, equipment specificafions, insurance, and a Incally licensed storage facility.
The fees for services to be provided and assignmen# to ane af faur zones are the same as contained by
City Code. The estimated expendi�ure for these services is $1.8 million per year inciuding the
anficipafed increase (of $446,944) for the remainder of the fiscal year base� on ihe revised rates. T�is
increase will be offset by revenue collected as fees.
RENEWA� OPTl�NS - These contracts may be r�newed for up io four successive one-year terms at
the City's aption. This acfion does not require speei#ic City Council approval provided the City Cauncil
�ity of Fo�t Wo�th, T'exas
��'�� A�1� ��l�f1�`�� ���1�11t��1��l��1�f1
DATE REFERENCE NUMBER LOG NAME PAGE
418/03 G-19�4� 35TOW5 2 af 2
SUBJECT SUPPLEMENTAL APPROPRIATION �RDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTiPLE
VENDORS R�QUIRED BY C1TY ORD�NANCE FOR THE PQ�IC� DEPARTMENT
has appropriated sufficient funds to satisfy the City's obl�gation during #he renewal #erm.
FISCAL 1NFORMATIONICERTl�ICATION:
The Finance Director certifies fhaf upon approval and completior� af t�e abo�e recommendations and
the adoption o# the attached supplem�ntal appropriaiion ardina�ce, funds wil! be available in the current
operating budget, as apprapriated, of ihe General Fund.
LW:r
Submitted for City Maoager's
Office by:
I�ibby Watson
Originating Departrnent Head:
RaEglt Mer�doza
AdditionaE Information Confact:
Susan Alanis
��Nn � AccouN�r � c��vrE�r
{to}
GG01 539120 0353403
b183 � GG01 462624 0353403
�4$386 I (from)
GGb1 539120 Q3534a3
�
782b2 �
AMOUNT
�a4s,gaa.oa
$446,944.00
$446, 944.00
GITt' SECRETARX
�
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I APPROVBD 44/08l03
! ORD,# 35517