HomeMy WebLinkAboutContract 28635. ,
. , � . _. � CI�Y ��C���iA�1° ����
� CC�hIiF�AGT I� . ,��,.
CONTRACT FOR TOiN TRUCK SERVICE
(TANDEM AXLE)
WHEREAS, the City of Fort Worth occasionally requires the serv�ces of
tow trucks; and
WHEREAS, sucn taw truck services are necessary to protecf the safety of
the citizens of the City of Fort Worth,
NOW, THERE�QRE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City", acting herein by
and through Libby Watson, It5 duiy authorized Assistanf City Manager, and
American Texan Auto Center, Inc. d�a American Roadside, hereinafter refierred
to as °Com�any'", acting herein by and through Ken EIl�omous, its duly
authorized President, agree as follows:
1.
[.y�:��l[N�.y
City hereby contracts w�th Company fio provide police pull towing service.
As used her�in, "police pull" shall mean that ti�e Fort Worth Police Department
has called Company from the rotation list to either remove a wrecked or disabled
vehicle or to remove a vehicle in a safe driving condition, �u# the owner is not -
present, able or permitted to drive or fo make authorizations.
�
��
The initial term af this contract shall expire on September 30, 2003. In
addition to the initial �erm of tf�is contract, there shall be four options to renew for
terms af one year �ach, unless earlier terminated as hereinafter provided,
R�newal shall occur upon City including in its budget for the options years
sufficient funds to pay for its obligations hereunder and Company providing proof
of insurance fo City.
3.
COMPENSATION AND PAYMENT
3.� Campensation. As compensation for providing the services
confemplated by this Contract, Cify agrees to pay Compan� �,����Ws
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a) Towaqe. A charge of �ne hundred eighty Dallars ($180.00) p�r hour
for towing such vehicle from one point on a street ta anoth�r [ocation
within the corporate limits af the city as directed �y the police
department at the place where the taw originated. The minimum
charge snall be for one hour; after the fiirst hour, time shall be billed for
in increments of fifteen {15) minutes, at a charge of $45.00 per
increment.
b) Second fandem axle tow truck. In the event the police offic�r at
the scene determines t�at a second tandem axle #ow trucl� is r�quired,
a charg� of One Hundred eighty dallars ($180.00) per hour �illed in
increments of fifteen �15) minutes while at the scene of the police pull,
with a minimum charge for one hour, at a charge of $45.OQ per
increment. Travel time is exc[uded.
c) R�imbursables. In the event Company is required to rent eq�ipment
or other materials specifically related io a police pull as directed in
writing �y a palice sup�rvisor at the scene, Gompar�y shall be
reimbursed the actual cost incurred plus fifteen percent (15°/v).
Gharges under this subparagraph are subject to th� re�iew and
approval of a palice supervisor.
d} Extra helq. An additional charge of twenty dollars ($2D.�Q) per
man per hour, with a minimum charge of four (4} hours, when
authorized in writing by a police supervisar at the scene of the polic�
pull.
e) Air cushions.
1.) Regular cushions - A charge of one hundred-fifty dollars ($150.D0)
p�r hour per cushion, with a minimum charge of one hour. After the first
hour billing shall be in increments of fifteen (15) minutes.
2.) Tanker cushions - A charge of four hundr�d do�lars {$4Q0.00) per
hour per cushion. After the first hour billing shall be in increments af
fifteen (15) minutes.
Tandem Wreolcer
Pagc 2 0(' 12
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3.} Prior approval by a police supervisor at the scene vf a�ofice pull is
require� for the use of a�r cushions.
f) HandlinQ hazardous materials. Whe� the cargo of any matar
v�hicfe or trailer includes explosive, nuclear, radioactive, hazardous or
corrosive ma�erials, as defined �y the En�ironmental Protection
Ag�ncy, Texas Depariment of Transportation, or the Texas Natural
Commission on Environmental Quality, a fee equal to one hundred-fifty
(150) percent of th� charges incurred under subparagraph "a° above.
g) Tractor, hvdraulic tilttail, lowbov, other specialized eauipment. A
charge af one hundred eighty do{lars ($180.0�) per hour, bi!{ed in
increments of fifteen (� 5) minutes, with each increment being charged
as $45.00 per incr�menf, as aufhorizsd in writing �y a police
supervisor at the scene of the police pu�l. The police supervisor shall
sign the wreck�r sei�ction form.
h} Nothing contained herein shall be construed so as to obligate City to
expend any sums of money exce�� for S@IVICES actual{y rendered.
Further, nothing contained herein sha�l �e construed so as to
guarantee to Campany that City will contact Company for any towing
services contemplated by this Contract.
3.2 lnvoicinq and Pavmenf. Campany shall Invoice City once per month.
Company shall include with the i�voice such dacuments as may be reasonably
requested ta �rovide e�idence of the servic�s prov�ded to tha City, which at a
minirrjum sha11 include copies of the wrecker se{ection form signed by the officer
at the scene of the police pull andlor personnel at the Fort Worth Auto Poun�.
Such invoice shall be subject to the review and appro�al of appropriate City
personnel. City shall remit payment to Company not more than thirty (30) days
folEowing a�proval of invoic�.
3.3 Campensation Review. Ci�y shall review on an annua� basis the
,
camper�sation provided for hereunder, with the first such re�iew to be conducted
�uring the manth of August 2003. 5imiiar r�views shall occur in August of each
succeeding year that this contract is ir� effect, City shall make ad�ustments in the
Ta�idem Wreoker �
Page 3 at' l2
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compensatian �ased u�on increases or decreases in fne cost of �oing business,
taking into cansideration fu�l, insurance, labar, artd such other costs as may be
relevant to fhe operation of a towing business.
�.
VEHICLE AND EQUfPMENT REQUIREMENTS
Camparty sf�alf maintain at all times the following vehicles and eqt�ipment
in workir�g condition:
a) A minimum of one (1) tandem axle (heavy duty) wrecker raied at not less
than 26,000 gross vehicle weight, equipped with a power w�nch an� winch
lines with a boom rated at not less than 50,flQ0 pound lift capaci#y.
b} At a minimum, all wrecKers shall �e ��uipped with t�� following equipment,
which at all fimes shall be maintained in working order:
1) Tow bar
2} Tawing lights
3) Emergency overhead rrvarning lights (red or amber color only)
4) Safefy chain
5) �ire extinguisher, A. B. C. type
�) Wr�cking bar
7) Broom
8 ) Ax
9} Si�ovel
10) Reflectors or traffic cones
� 1) Trash container
12) Two way voice or computer communication between tow truck and
Company dispatcher
13) Backing warning signal
14} W heel chocks
15) Traffic cones
c} Each wr�cker shalf have the identifying markings required by the Texas
Transportation Code, secfi�n 642.002. In addition, each wrecker shall �ravide
Natice of Complaint Procedures to the owner of a towed vehicle as o�tlined by
Tandem wrecker 4
Page 4 0l' 12
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the Texas De�artment of Transporta#ian Rules and Regulations as contained in
43 Texas Administrative Code, ChaPier 18, s€�bchapter 18.89, as same may be
amended from time to #ime.
d} Each tow truck and the required equipment shall be insp�cted by the Chief af
Palice or his authorized designee priar to being used for services contemplated
by this contract. In ad�ition, each tow truck and th� required equipment shafl be
subjecf to intermittent inspection to assure compliance with this contract.
5.
1NSURANCE REQUIREMENTS
Company shall maintain insurance from insurers acceptable to City in the
following types and amounfs:
5.1 Commercial Genera[ �iabilify
$�,aao,OQO eacY� occurrence
$1,QQO,QQO aggregate
ar
Garage �iability
$1,000,000 each accident, otherthan aufio
$1,�OO,fl00 aggregate
5.2 Au#omobile �iabi[ity
$1,D00,000 each accident, combined sing[e limit
This coverage shall include all vehicles awnad ar non-awned that are
op�rating tander Company's operating authority.
5.3 CargolOr�aHook
$50,000 per unit
Caverage shall inclu�e both the unit being towed and its contents.
Units covered shall include but not be limited to motor �ehicles,
trailers and boats. Coverage shal[ �e written on a direct primary
basis.
5.4 GARAGEK�EPEF�'S LI�►�1LITY
$5Q,00� per unif
5.5 Worker's CompensationlAccident Insurance
Tandem Wrecker
Page 5 of l2
C
Coverage shall meet the minimum requirements of stat� law as
cantair�ed in the Matar Carrier Rules and Regulatior�s.
5.6 Currenf ins�rance certificates shall remain on file with fhe City during the
term of this Contract. Insurance coverages may, at the sole discretion of the City,
be revised upward upon thiriy (3Q} days prior written notice to Company. Policies
s�all be endorsed as follows:
a) The City, its afficers, employees and servants shall be endorsed as an
additional insured on all palicies except employer's liabilifiy insura�ce
caverage under the warkers' compensation insurance �oficy.
b) Certificates of insurance shall be �elivered to the super�isor of the City of
For� Worth Auto Paun�, 1301 E. Northside Drive, Fort Workh, TX 76102,
prior to any work being performed under this contract.
c} Any failure on part of the City to re�uest required insurance
documentatian sha11 not constitute a waiver of the insuranc� �equirements
specified herein.
d) Each insurance pplicy shall be endorsed to provide the City a minimum
thirty days notice pf canceilation, non-renewal, andlor mat�rial c�ange in
policy terms o� caverage. A ten days notice shall be acceptable in the
event of non-payment af �remiurri.
e} Insurers must be authorized to da business in the State of Texas and
ha�e a current A.M. Best rati�g of A: VII or equivalent measure of financial
streng#h and solvency.
f) Deductibfe limits, or self-funded retention limits, on each palicy must not
excee� $10,0OO.OD per occurrence unless athetwise a�proved by the City.
g) Other than warker's compensation insurance, in lieu af tradifional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must appro�e in wrifing
any alternaiive coverage.
h) City shall not be respansible for t�e d�recf payment of insurance premium
costs.
Taizde�n Wrecker
Pada 6 of 12
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i) Insurance policies shall �ach be endorsed to provide that such insurance
is primary profection and any self-funded or commercial coverage
maintained by City shall not be called upon ta cantribute to loss reco�ery.
j) Company shall report, in a fimely man�er, to City's officially designated
contract administrator any known loss occurrence which could give rise to
a liabilify claim or lawsuit or whicE� coul� result in a�roperty loss.
!�} Company's liability sha{I not be limited to the specified amounts of
insurance required herain.
I) Upon fi�e request of City, Company shall provide complete copies of alf
insurance policies required by these contract documents.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker
service comPanies operating within the State of Texas exceed insurance
requirements specified herein, such state or federa! law, rule or regulation shall
prevail for the respectiv� type of insurance coverage andfor limit fhereaf.
6.
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this cantract, shall perform the following duties
and have the fallowing responsibilities:
a) Maintain as its primary business the towing of vehicl�s or trailers by
wreckers meeting the requirements of pa�agraphs 4(a) and 4(b) above.
"'Primary business" shall mean that Company receives more than fifty per-
cent (50%} of it gross revenues from the towing of vehicles and traifers. All
of company's records shall be open to reasonable inspection, bott� at the
time of execution of this agreement and at any time during the term hereaf,
to verify compliance with this condition.
b} Maintajn a currently licensed v�hicl�; storage facility located within the
corporate limits of th� City. "Vehicl� sforage facility" shall mean a facility
operated by a�erson licensed under Ar�icle 6687-9a, Revised Statutes.
c) Maintain business operation twenty-faur (24} hours a day, seven days per
week.
Tandem Wrecicer 7
Pagc 7 af� 12
d) Respond ta all calls cantemplated by this confract within forky-five (4�}
minutes of notificatian, exc�pt in exfraordinary situations where delay is
caused by ice, �now or other weather related con�itior�s. In the event
Company fails to respond as required, City may notify another wrecker
company and Company shall not be entitled to the compensation to which it
woul� have bee� entitled had it arrived timely.
e) Maintain on file with the City the name of the owner, presidenf or chief
executive officer, business address and telephone number; further,
Company sha11 notify tt�e City of any change of ownership, president or
chief executive officer, or change of address within five (5) business days of
any such ch�ange.
f} Deliver the mo�ar vehicle �eing towett to the location within the corporate
limits af City designated by the po[ice officer at the scene of the pull.
Delivery shall be made without de�ay or detour.
g} Fully cooperafe with any ir�vestigation eonducfed by fhe Ciiy regarding
complaints agair�st Camp�ny, whether or not such compla�nts arise out of
services contemplafed by this Contract.
h} Shall not become delinquent in �he payment of any taxes due to City.
i� Shall not go to any accident scer�e unless the Company has been called to
the scene by the owner or aperator of a vehicle or an autharized
representative of same, or by the City.
j) Completaly remove all debris resulting from any accident fio which the
Company is responding. Removal of debris shall not be consi�ered
complete by merely sweeping it to tf�e curbline.
k) Shall not solicit any wrecker business within the corporate limits of City at
th� scene of a wrecked or disabled vehicle, regardless of whether the
solicitation is for the purpose of soliciting the business of tawing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
h) Shall only employ drivers af tow trucks authariz�d to operate same.
Taiidem Wa•ec&er $
Page8afl2
j) Five (5) passes within a thirty (30) day period. Pass in this �aragraph shall
mean Company failing to notify fhe City o� its inability to respor�d to a
requesf for service as required by paragraph 2 above.
k) T�n (90) passes within a thirty (30} day period. Pass in fhis �aragraph shall
mean a Company notifying the City of its inability to respond to a requesf for
service as requEred by paragraph 2 above.
1) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 City shall notify Com�any in writing of its intent to terminate or suspend for
cause twe�ty (20) days prior to such suspension or termination. Company shall
ha�e the righf to requesf a hearing before fhe Chief of Police or his designee
regarding the intent to terminate or suspen� for cause by requesting a hearing in
writing within five (5) b�siness days after receipt of notice of intent to terminate or
suspend. A hearing shal[ be co��ucted within fifteen (15) days of the request for
hearing. The City, in its sole discretion, may temporarily suspend this contract
during any appeals process.
7.3 ln the event tY�is contract is suspended for cause, the suspension shall be
for a period of time of not less than six (6) months nor mor� fhan fweive �12}
months.
7.4 In the event City suspends or terminates this contract for cause, and the
cause for such suspension or termination is determined to be invalid, Company's
sole remedy shal[ be reinstatement of this confract. Company expressly waives
any and a!l rights to monetary damages, including but not limited to actual and
punitive damages, court costs and attor�ey's fees.
8.
INDEMNIFICATION
With regard to any liability which migf�t arise hereunder, City and Company
agree that they shall be solely and exc[usively liable for the negligence of its own
agents, servants, subcontractors and employees and that neither party shall look
to t�e ather party to save or ho[d it harmless for the conseq�ences of any
negligence on the part af one of its own agent, servant, subcontrac�or or
Tandem Wrecker 1 Q
Page ] 0 of 12
�m�loyee. Nothing contained herein shall be constru�d to be a waiver by City of
any right of protection that it enjoys under applicable State ar Federal law_
9.
ASSFGNMENT
Company shall not assign, transfer or sublet this Contract or any partion
hereof to any �arty without the prior written cons�;nt of City that shall nat be
unreasonably. Any such assignment, transfer� or s�bl�tting of this Cantract shall
be vaid and shall operate as a terminafion hereof.
10.
INDEPEN�ENT CONTRACTOR
It is understood an� agreed by the p�rties hereto that Company shall
p�rform all work and services hereUnder as an independent contractor, and not as
an afficer, age�t, servanf o� employee of the City. Company shall have excf�sive
control of and the exclusive right to cantrol the details of the work or service to be
performed hereunder, and all Rersons perfarming same on behalf ofi Company,
and shall be sol�ly r�sponsible for the acts and omissions of its officers, agents,
servanfs, employees, contractors, subcontracfors, licensees and invitees. The
doctrine of respondeat superior shall not apply as between the City and Company,
its officers, agents, servants, employees, contracfors and subcontractors, and
nothing herein shall be construed as cr�ating a partnership or joint venture
between fhe parties hereto.
In w[tness whereof, the parties hereto have executed this Cantract on the
���� day of , 200�.
Tandem Wrecicer
E'age 1 I of l2
ll
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ATTEST:
+;� _ "_�`����_ �_ _,
C:n1��ac� ,Au'�ho�rizatipn
� �, � - �� ,. r � � �
���� CITY OF` RQRT WORTH
+� { ���/-E' -
-� -
Gloria Pearson
City Secretary
APPROVED AS TO FORM
AND EGALIT �
Assistanf Gity Attorney
ATTEST:
Corparate. Secretary
'1'andem Wrecker
Page 12 of l2
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_ r _
By: � � ' �
, ,_
Libby Watson
Assistant Ci�y Manager
American Texan Auta
Center, Inc. dba American
Roadside
(Company I�ame}
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By: .
K�n Elkomous, Preside�t
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�XI�I�I`T �.
AUT� P�YJI�I)
The foilowin� rules nnd regulations will 6e folloFved by ALL Wrecicer Camp�nies
u�o�a �rriv�l �t th� Auto Pound.
1. Tl1e entry gate will i7ot be l�lociced by wz-eckers waititlg to ent�r oz exit fille Auto
Pourid.
2. Na wrecicer shall e�lter tl�e Ati�to Pound witli inore tha�2 one (1) person/operator,
�mless at�thoi•ized lay tlle on d�ity sl-�if� supervisor. This will be done on a cas� l�y
case vasis.
3, For safety reasoi�s, a Car Carrier will be rec�uired to off Iaad theu• cargo wllen
possible. Tllis shall be d�termined by the on duty supervisor.
4. I�lventories s1lould i�e liandled in an expeditiol�s manner when possible. However,
Auto 1'ound pe�sont�.el are required tn da a colnplete and }�recise inventai•y of all
�raperty and vehicles. A specific time frame wotilld be iin}�ossible to instit�.tte.
5. No wx-ecicez driver/operator wrill assisi with a�zy iizventory beiilg cand�icted by
Auto Pot�ild persoi�u7el.
6. The use of Car Carriers, extra time, extr� equipi�lent, etc., shall Ue subject to
approval Uy the Wrecicer Ad�llizlistratnr or Auto Potmd Supeivisor.
7. Wrecicer drivers/operators/owilers s11a11 be reqiiircd to follow any directio�s or
111StCL1C�10115 g1Vf;11 Uj( ALltO POljlld �7�TS�1117�1,
8, Wrecicer Cnmpaily Ovcmers sllall assist and eainply with a�iy investigatioil
�erforn�ed by Auto Paui�d p�rsoiulel or tl�e Fort Worth Police Department in
�•egards to ttieir company, driver, operator and or busiiiess withaut hesitation.
9. Violatioizs of a�ly of tk�e abave i-ules shall be �ubject to raview by ihe Wrecicer
Adnunistrator or Auto Poui�d Supervisor.
TIZe Auto POL111C� Sll�Jel'V1501' Ol a higher level af C0111117�11d inay detenaii;le
disciplii�ary action up to and 'u�cluding termination of cont�-act.
C'ity o,�'�o�t �o�th, T'exas
�y�� �r�d �,�►��tc�� ����������;�r�
DATE REFERENCE NUMBER LOG NAME PAGE
�/8163 �-� �54,� 35TOWS 1 �f 2
SIJBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CDNTRACTS FOR NON-
C�NSENT TOWING OF WRECKED OR ABANDONED VEHICLES FR�M MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
9. Autl�4rize contracts far Pofice Depar#ment requesfied non-cons�nt towing ofi wr�cked or abandan�d
vehic{es fram.multiple ver�dors as required by Seciion 34-�81 of the Code af the City of Fort Worth
{1986), as amended; and
2. Aut�orize fhe contracts ta begin April 8, 2003, and expire September 3�, 20Q3, with options to
renew for four additional one-year periods; and
3. Adopt the attached supp[ementaf appropriation ordinance increasing estimated receipts and
a��ropriations by $446,944 in the General Fund from available funds.
DISCU5510N:
Section 34-18� of the Code of the City of Fort Wor�h (1986), as amended, required that all �olice
department, nan-cansen� taws, shaCl be underta[cen pursuan# to contract, specificaNy executed �etween
the C�ty and a wrecker company. The Public 5afety Committee extensively reviewed the new rates and
unar�imously approved this recommendation an March 25, 2pQ3.
There ar� thr�e �ypes af cantracts and rates as follaws:
� Standard tow trucks $10Q
� Tilt bedlrallback tow �rucks $125
� Tandem tow trucks $18Q
Contracts wilf be executed with any r�endor desiring to pertorm non-consent tows #or the Palice
Department, if they meet ihe contract re�uirements such as towing operations being tF�e �endars
primary business, equipmen� specifications, insurance, and a locaily licensed storage facifity.
The fees for services to be provided and assignment to one of four zones are the same as cor�tained by
City Code. The estimated expenditure for these services is $1.8 million per year including the
anticipated increase (af $446,944) for the remainder of t�e fiscal year based on fhe revised rates. This
increas� will be offset by re�enue collected as fees.
RENEWAL OPTIONS - These contracts may be renewed for up to faur successive ane-year terms at
the City's option. Tf�is action does not require specific City Council appro�al provided the City Council
C`ity o��'o�t Wo�tlz, T�exas
���� �n� ���n��� ���r��.r�;��t�a�
DATE REFERENCE NUME3�R LQG f�[AM� F'AGE
418103 ��� 9��� 35T�WS 2 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONS�NT TOW[NG �F WRECKED OR A�ANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRE❑ BY CITY ORDINANCE FOR THE POLICE DEPARTM�NT
has apprapriafed sufficient funds to sa#isfy the City`s obligation during the renewa� term,
FISCAL INFORMATION/CERTEFICATION:
The Finance Director certifies that upan appraua[ and campletion of the above recommendations and
the adaption o# the attached supplemental apprapriation ardinance, funds will be a�ailable in t�e current
operating budget, as apprapriated, of the General Fund.
LW:r
Submitted for City Manager's
Office b3�:
FLJ1�D � ACCOTJNT � CENTER
(to)
GG09 539'i20 0363403
6183 GG�i 462624 0353403
I AMOUNT
C]TY SECRETARY
Libby Wa#son
Originating Department He�d:
Ralph Mendoza
Additional Information Contact:
Susan Alanis
48386 (�rpm)
GG01 539120 �353403
782G2
$448,94�4A0 I
$446,944.00 �
� APPROVED 04/�8/03
$446,944.00 � �RD.# 15517
�
�
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