HomeMy WebLinkAboutContract 28638f. �G
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CONTRACT FOR TOW TRUCK SERVICE
(TILT BEDIROLL BACK}
WHEREAS, the City of Fort Wo�th occasionally requires th� services of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citiz�ns of the City af Fort Wor�h,
NOW, THERE�OR�, KN4W ALL BY THESE PRESENTS:
The Cify of Fort War�h, hereinafter referred to as "City", acting herein by
and throu�h Libby Watson, its duly authorized Assistant City Manager, and
Mt�racombi Enterprises Inc. dba ABC Wrecker & bFW Wrecker, }�ereinafter
r�ferre� to as "Compar�y", acting herein by and t�rough Kathv Routh, its dufy
autharized President, agree as follaws:
1.
SERVICES
City f�ereby contracts with Gompany to provide police pull tow�ng service.
As used herein, "police pull`" sf�all mean that the �ort Worth Police Departme�t
has called Company from the rotation list to either remove a wrecked or disab�ed
vehicle or to remove a vehicle in a safe driving condifion, but th� owner is nat
preser�t, able or permitted to drive or to make authorizations.
2.
TERM
The initial term of this cont�act shall expire on Sepfember 30, 2403. In
addition fo the initial term of this contract, there shall �e four options to renew for
terms of one year each, unless earlier terminated as hereinafter provid�d.
Renewal shall Qccur upon City including in its budget for the options years
sufficiet�t funds to pay for its obligations hereunder and Company providing proof
of insurance to City.
3.
COMPENSATION
3.1 Comper�sation. As comp�nsation for pro�iding the_���v�� _
contempkated by this Contract, Cify agrees to pay Company as f�bl�'�varv��� �.� ���:L�
+�1�����'�
� 1��� L4.JU":LL�� ���.
a) Tawa�e. A charge of one hundred twenty five dolfars ($925.00) for towing
such vehicle from one point on a street to another loeation within the
corporate limits of the city as directed by the police officer at the place where
the tow originated; suc� charge inclu�es one-half haur of Extra Work. In the
event Company responds to the scene of a�olice pull with a tilt bedlrall back
truck when the po[ice pull could have been accomplished with a standard tow
truck, Company shall be entitled to the reduced charge of One hundred
dollars ($1 Q0.00).
b) Second taw vehicle. ln the event the police offieer at the scene determines
that a stan�ard taw �ehicle is required in addition to ihe tilt bedlroll back
truck, a charge o� One hundred Dollars ($1�O,Oa) �er hour, with a minimum
charge of on� hour, billed in increments of fifteen (15) mm�tes while at the
scene of the police pull. A police supervisar shall approve the use of a
second tow truck. Travel fime is exciuded.
c) Extra work. An additional charge of One hundred dollars ($10�.Q0) per
hour, with a minimum charge of one hour, charged in increm�nts of fifteen
(15) minutes, fior removing vehicles that are off the street rig�t-of-way, such
charge ta be made from the time the operator begins to remo�e the v�hicle
until it is on the traveled portion of th� street. Even though fhe vshicle is
within the street right-of-way, an additiona! charge may be made if the venicle
is located in some unusua! condition within the rig�t-of-way, such as, but nat
limited to, a river or a creek bed or a ditch of greater depth than the ordinary
bar difch. Extra work shall only be allawed when authorized by a police officer
at the scene of the pull. The charges for such extra wark shall be review�d
and approved E�y the Auto Pound Wrecker Administrator. Extra work
excludes travel time, waiting time, and clean-up fime.
d) Handlinq hazardous materials. Whe� the cargo of any motor vehicle or
trailer includes explosive, nuclear, rad�oactive, hazardous or corrosiv�
materiais, as defined by the Environmental Protection A�ency, Texas
Department of Transpartatinn, or the Texas Commission on En�ironmer�tal
Quaiity, a fee equal to one hundred-fifty (150) percent of the charges
Tilt Wrecker �
Page 2 of 12
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permitted under su�paragraph "a" above. In addition, a charge may be made
for expenses incurred related to protective clothing and any ofher supplies or
equipment used in handling such materials, such charge b�ing equa{ to the
actual amounts incurred plus fifteen {15) percent.
e) Nothing contained herein shall b� construed so as to obl�gate City to expend
any sums of money except for work actually performed. Furthar, nathing
contained herein shall be construed so as to guarantee that Cify will contact
Company for any towing service co�templated by t�is Contract.
3.2 lnvoicin� and Pavment. Campany sha11 Invoice City once per month.
Campany shalf include with the invaice such documents as may be reasonably
requested to provide evidence of the services provided to the City, which at a
minimum shall include copies of the wrecker selection form signed by f�e officer
at the scene of the police pull andlor personnel at the Fort Wortn Auto Pound.
Such in�oice shall be subject tp the rev�ew and appro�al of appropriate City
personnel. City shall remit �ayment to Company not more than thirty (30) days
following approval of invoice.
3.3 Comqensation Review. City shall review on an annual E�asis the
com�er�sation provided for hereunder, with the fiirst such review to be conducted
during the month of August 2fl03. 5imilar reviews sha[1 accur in August of each
succeeding year that this contract is in effect. Cify shall make adjustments in the
compensation based upon increases or decreases in the cost of doin� business,
taking into consideration fuel, insurance, labor, and such oth�r costs as may �e
relevant ta the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQU[REMENTS
Company shall mainfiain at all times the fo[lowing vehicles and equipment
in working condition:
a) A minimum of one (1) tilt bedlroll back dual rear wheel wrecker rat�d at not
less than 1�,000 pounds gross vehicfe weight.
b) At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shall be maintainecl in working order:
Tilt Wrecker 3
Page 3 of l2
I �
� �
2)
3)
4}
5)
6)
7)
8)
9}
�4)
11)
12)
13)
14)
� 5)
Taw bar
Towing lights
Emergency overhead warning lights (red or amber color only)
Safety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shavel
Refilectors or traffic cones
Trash cantainer ,
Two way voice or computer communication between tow truck �nd
Company dispatcf�er
Backing warning signals
W heel chacks
Traffic cones
c} Each wrecEcer shall have the identifying markings required by the Texas
Transportation Gode, section 642.002. In addition, each wrecker shall provide
Natice af Complaint Procedures to t�e owner of a fowed veh�cle as outlined by
the Texas Department of Transpor�ation Rules and Regulations as contained in
43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended from time to time.
d) Each tow truck and the required equipment sha�l be inspectad by the Chief of
Police or his autY�orized designee prior to being us�d for services contemp[ated
by this contract. In additian, each tow truck and fhe requir�d equipment shall be
subject tp intermittent inspection to assure compliance with this contract.
Till Wrecker 4
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5.
1NSURANCE REQUIREMENTS
Company shall maintain insurance of the follawing types and amounts from
insu�ers acceptable to the City:
5.1 Cvmmercial General �iability
$500,000 each occurrence
$50a,000 aggregafe
..r�
Garage �iahifity
$500,000 each accident, other fhan auto
$�00,000 aggregate
5.2 Au�omobile Liahility
$500,000 �ach accident, combined singfe [imit
ThiS coverage s�all include all �ehicles owvned or non-owned that are
operating under Company's operafing aut�ority.
5.3 CargolOn-Hook
$30,000 per unit
Coverage shall include both tf�e unit being towed and its contents.
Units covered shall include but not be limited to motor �e}�icles,
trailers and boats. Coveraga shall be written on a direct primary
�asis.
5.4 GARAG�K�EPER'S L[ABILITY
$30,000 per unit
�.5 'I�Vor�er's Com�ens�tionlAccident Insurance
Coverage shall meet the minimum requiremenfis of state law as con�
tained in the Motor Carrier Ru�es and Regulations.
5.6 Current insurance certificates shall remain on file with the Cify during the
t�rm of #his Contract. Insurarice coverage may, at the sole discrefion of the City,
be revis�d upward upon thirty {30) days prior written notice to Company. Policies
shall be endorsed as follows:
Tilt Wrccker 5
P¢ge S of l2
,
a) The City, its officers, employees and servants shall be endorsed as an
additionaf insur�d on all policies except employer's IiabilEfy insurance
coverage under the workers' compensation insurance policy.
b) Certificates of insuranc� shall b� delivered to the supervisor of the City of
Fort Worth Auto Pound, 1301 E. Narthside Drive, Fort Worth, TX 76102,
prior to any work being performed under this confract.
c) Any failure on part of the City to request required �nsurance
documentation shall not constitute a waiver of the insurance requirements
specified herein.
d) Each insura�ce pplicy shal{ be endorsed to provide the City a minimum
thirty days notice of cancellatian, non-renewal, andlor material change in
policy ferms or coverage. A ten days notice sha11 be acceptable in the
e�ent of non-�ayment of premium.
e) Insurers must be authorized to do business in the State of Texas and
have a c�arrent A.M. Best ratir�g of A: VII or e�uivalent measure of financ�al
strength and solvency.
f) Deductible limits, or selfi-funded re#ention limits, on each policy must not
exceed $10,OQ0.00 per occurrence unless otherwise appro�ed by the City.
g) Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measvres through
insurance pools or risk retention groups. The City must approve ir� writing
any alfernative coverage.
h) Warkers' compensafian insurance �olicy�s) covering employees shall be
endarsed with a waiver of subrogation �raviding rights of recovery in favor
of the City.
i) City shall not be r�sponsible for the direct payment of insuranc� premium
costs.
j) Insurance po[icies shall each be endorsed to pro�ide that s�c� insurance
is primary prot�;ction and any self-funded or commercial co�erage
mainiain�d by City shali not be called upon to contribute to loss recovery.
't'ilt wree[cer �
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k) Company sha11 report, in a timaly manner, to City's ofificia[ly designated
contract administrator any known loss occurrence which could give rise to
a liability c{aim or [awsuit or which cauld result in a property loss.
I) Company's liability shall not be limited tn the specified amounts af
insurance required herein.
m) Upon th� reqUest of City, Company shal� provide complete co�ies of al!
�nsura�ce policies required by these contract documents.
5.7 1n the event a state or federal law, rule or regu�ation pertaining to wrecker
service companies operating within the State of Texas exc�ed insurance
requir�ments specified herein, such sfate or federal law, rule or regulatian shall
prevail for the respective type of insurance coverage andlor limit thereof.
�
DUTIES AND RESPONS1BlLITIES �� COMPANY
Company, during the term of this contract, shall perform the following duties
and have the following responsibiiities:
a) Maintain as ifs primary business the �towing of �ehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a) and 4(b) aba�e.
"Primary bt�siness" sha1� mean that Company reeei�es more than fifty per�
c�nt (�0%) of it grass revenues from the towing af vehicles and trailers. All
of company's records shall �e open to reasonable ins�ection, both at the
time of �xecution of this agreement and at any time dur�ng the term hereof,
to verify compliance with this condit�on.
b) Maintain a currently licensed �ehicle storage faci�ity located within the
corparate limifs of the City. "Vehicle storage facility" shall mean a facElity
operated by a person under Article 6687-9a, Revised Statutes.
c) Maintain business o�eration twenty-four (24} hours a day, se�en days per
week.
d} R�spond to all ca[!s contemplated by this contract within thirty {30) minutes
of notification, except in extraordinary situations where delay is caused by
ice, snaw, or ather weather related c�nditions. In the event Company fails to
Tilt Wrecicer 7
Pa�e 7 nF 12
respond as required, City may notify another wrecker company and
Company shall not be entitled to the compensation ta which it would have
been entitled had it arrived timely.
e) Maintain on file with the City the name of the owner, presidenf or chief
executi�e officer, business ad�ress and telephone number; further
Company shall notify the City of any change of ownership, president or
chief executive officer, or change of address within five (�} business days of
any such change.
f) Deliver the motor vehicle being towed to th� location within tf�e cor�orate
limits of City designated by the police officer at the scene of the pull.
Delivery shall �e made without delay or detour.
g) Fully cooperate with any investigatian conducted by the City r�garding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Contract,
h) Shall nof become delinquent in the payment of any taxes due to City.
i) Shall nof go fo any accident scene unless the Company has been called to
�he scene by the owner or operator of a vehicEe or an authorized
representative of same, ar by the City.
j) Completely remov� alf debris resulting fram any accident to which the
Company is responding. Remova[ of debris sha[I not be considered
complete by merely sweeping it to the curbline.
k) 5hall not solicit any wrecker business within the corparate limits of City at
the scene of a wrecked or disablad vehicle, regardless of whether the
solicitation is for the purpose of soliciting the business of towing, repair�ng,
wr�cfCing, stflring, trading, or purchasing the vehicle.
I) Sha1f ortly employ drivers of tow trucks authorized to operate same,
m)Provide the Police Pound personn�;l with an invoice af the time the �ehicle
is delivered to fhe Auta Pound together wi#h the signed wrecker selection
form to be provided.
Tilt Wrecker
Page $ of 12
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7.
TERMINATION AND SUSPENSION
7.� This contract may be terminated or suspended by the City for any of fhe
fallowing causes:
a) Violation of any fierm or cor�dition sp�cified in tY�is cor�fract.
b} Failure to notify the Communications Division of the Police Department
within fifteen (9 5) minutes from fhe time of notification if the Company wifl
be unable to respond within the thirty (30} mir�tates allotted for a response fo
a wrecker call.
c} Permitting a tow truck to be operated by anyone while under the influence
of alcof�ol andlar drugs.
d) P�rmitting a tow #ruck to be operated by anyone whos� operator's license
is suspended.
e} Transferring ar assigning any call for service to any otY�er company
f) Any sustained complaint of theft by p�rsonnel of Company whi[e acting in
their capacity as empioyees of Company, whether occurring during a police
puq or ott�erwise.
g) Any sustained complaint af fhreats made by personn�;l of the Company
while acting in fheir capacity as employees of Company made against third
parties during a palice pull or atherwise.
h) Failing to comply with all directions af police personnel at th� scene of a
paiice puil or civilian or police �ersonnel af the Police Aufo Pou�d.
Campany may request a police supervisor io validate any such direction
given.
i) F�ailure to comply wiih any stafe or f�deral �aw ar city ordinanee related #o
the operation of a wreck�r com�any.
j) Five (5) passes within a th�rty (30) day period. Pass in this paragraph s�a{I
mean Company failing to natify the City of its ina�ility to respand to a
request for service as required by �aragraph 2 above.
Tilt Wrecicer 9
Puge 9 oC 12
k) Ten (10) passes within a fhirky {30) day period. Pass in this paragraph
shall mean a Campany natifying the City of its inability to respond to a
request far ser�ice as required by paragraph 2 above.
I) Violation of any rule or regulation contained in Exhibit "A" attached Y�ereto.
7.2 City shall notify Campany in writing of its intent to terminate or susp�;nd for
cause twenty (20) days prior to such sus�ension or �ermination. Company shall
have the right to request a hearing before the Chief of Police or his designee
regarding the intent to terminate or suspend fior cause by requestir�g a hearing in
writing witY�ir� fve {�) business days after receipt of notice of intent fo terminate or
suspend. A hearing shall be conducfed wit�in fifteen (� 5) days of the request for
hear�ng. The City, in its sole discretion, r��ay temporarily suspend this contract
during any appeals process.
7.3 [n the event this contract is suspended for cause, the suspensior� shall be
for a period of time of not less than six {G} months nor more than twelve (� 2)
months.
7,4 In the event City suspends or terminat�s this contract for cause, and the
cause for such suspension or terminafion is determined ta be invalid, Company's
sole remedy shall be reinstatement of this contract, Company expressly waives
any and all rights to monetary damages, including bu� not limited ta actual and
punitive damages, cour� costs and attorney's fees.
8.
INDEMNIFICATION
With regard to any liabifity which might arise hereunder, City and C�astomer
agree that they shall b� sol�ly and exclusively liable for the negligence of its own
agen#s, servants, su�contractors and emplayees and thaf neither party shall look
to the other party to save or hold it harmless for th� consequences of any
negEigence on the part of one of its own agent, servant, subconirac#or or
�mployee. Nothing contained herein shall he construec� to be a waiver by City of
any ri�ht of protection that it enjoys under applicable State or Federal law.
Tilt Wi•ecker ��
Page 1p of l2
ATTEST:
�' _-
Gloria Pearson
City S�cretary
APPROVED AS TO �ORM
AND LEGALITY
��
A�sistan ity Attarney
ATTEST:
Corporate 5ecretary
�i--- - -
�
CITY�ORT WO�TH
, R
By� � r/ � _
�IbbJl VV�'[SOiI �
Assistant City Manager
1�`, � '��'�'�l ��
- � �
t,rantract Au�horizat�on
,�-� ,�,� �-
� t.! - .
_ . ��
i�ate
'['ilt Wrecker 12
i'age 12 of l2
Muracombi Enterprises
{nc. dba ABC Wrecker &
DFW Wrecker
(Cpmpar�y Name)
B Y: � ��2�2.�.,(,i. _�
�
Kathy Routh, President
� .�r'rui.�li;!..� �f�vlJ��;��
����i� ����������������
� ���� `o�'`��ifL7�tr'� ��,��7�
; ��
�E�I���I'�` A
.�1�T'�`� P�YJI�D
Tlie follo�ving ruies �nd � egul�iiQ►is will be �'oilowed bp ALL 'V�'recl�er Companies
upon ar�ival ai the Au�to Pound.
1. The ei-�try gate will not be blocked by wreckers waiti��g to ente� ar exit the Auta
POLl17C�.
2, N�o vvr�cicer shall enier tlie A�lto Pound wi��. more than ane (1) person/operator,
urliess autharize,cl by tl�e on duty s�iff super�isor. This will be do��.e on a case Uy
case basis.
3. For safety reasons, a Car Carrier will be required to off load th.eir cargo when
possiUle, Tllis shall l�e dete�-mined.l�y ihe �u duty super�risor. _
4. Inve�taries should be llandled u� an expeditious zxianner when possible. Howe�rer,
A�uto Paund persa�ei are rec�uired to do a camplete and pxecise i�lveiltaxy af all
pro}�erty a�1d velucles. A specific time frame wotlld Ue i�possible to inst�tuie.
5. Na wrecker driver/ogeratar will assisi with arly i�iventory being cai�ducted by
Auto Potu�d personnel.
6. The use of Car Ca�liers, ext�a time, ex�ra equ'rpment, etc., shall Ue subject to
approval l�y the Wrecl�er Adi����istrator or �uto Po�nd St�pervisor.
7. Wrecl�er dri�vers/operators/owners shall be rec�uv-ed to follow any directions or
instruetions given Uy Auto Paund personnel.
S. �Vrecicer Compa�y Owners shall assisi and conxply with any investigation
�erf�rined by Auio Potmd personnel or th� Fort Worth �alice Depa��tmex�t in
re�ards to their com�any, driver, operator and or business without hesitation.
9. Violatioi�� of any of the above i-ules sl�all be subject to review �y the Wrecker
�d�lzinistrator ar Auto Pou�1d Supe�visor.
The Au�o Pound S�.tpeivisor or a l3igl�er level of conunaild inay deternzine
disciplula�y actioi� up to and incltrd'aiag tei�n�ii�atioi� of cailt��act.
�'ity of'�'o�t �ortlz, �'exc�s
A��� ��� ��1��1�1� �����11�������
DATE REFERENCE NUMBER LOG NAME 1'AG�
4/8103 �_7 g�4.4 35TOWS 1 af 2
SfJBJECT SUPPLEMENTAL APPROPRIATI�N OF�DINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANQONED VEHICLES FROM MULTIPLE
VENDQRS REQUIRED BY CfTY ORDINANCE FaR TNE POLICE DEPARTMENT
RECOMMENDATION:
I# is re�ommended that the Ciiy Co�ancil:
Aufhorize contracts for Police Department reguested non-consent�towing of wrecked or abandoned
vehicles from multiple �endors as required by Section 34-181 of the Cade o# the City of Fort Worth
(1986}, as amended; and
2. Autharize the contracts #o .begin Apri[ 8, 2Q03, and expire 5eptember 30, 2003, with options to
renew for four additional Qne-year periods; arrd
3. Adop# the attached supplemental appropriation ordinance increasing estimafed receipfs and
approp�ia#ic�r�s 6y $446,944 in the General Fund from a�ailable funds. �
DISCUSSION:
Sectian 34-181 of the Code of #he City of Fork Worth (1986), as amended, requi�r�d that all police
departrnent, nan-consent tows, shall be under�aken pursuant to contract, specifically executed between
the City and a wrecker company. The Public Safeiy Commi�tee exfensi�ely re�iewed the n�w rates and
unanimous{y approved this recommendafiion on March 2�, 2003.
T�ere are three types of contracts and rates as foilows:
• Standard tow t�uc�Cs $90a
• Tilt bedlrollback taw t�ucks $12�
� Tandem taw trucks $98�
Contracts will be ex�cuted with any �endor desiring fo pertorm nan-consent tows for the Police
Department, if they meet the contract requirements s�ach as towing o�erations bein� the vendors
primary �usiness, equipment specifications, insurance, and a lacally licensed storage facility.
The fees for services to be provided a�d assignmer�t to one of four zanes are the same as contained by
City Code. The estimated expenditure for these ser�ices is $1.8 million per year including t�e
anticipated increase (af $446,944) for the remainder of fhe fiscal year based an the revised rates. This
increase wi�l be affset by revenue collected as fees.
RENEVIiAL OPTfQNS - These contracts may be renewed for up to �our successive one-year terms at
the City's aption. This action daes not require specifc City Council approval provi�ed the Ci#y Council
�'ity of �o�t d�i�ortli, T'exas
�y�� �nd ��u��c�� ��r�rr�u�r�;c�����
DATE REFERENCE NE�MBER LOG MAM� PAGE
4181�3 ��� �5�4 35TOWS 2 of 2
SUBJECT SUPPLEMENTAL Af'PROPRIAT[ON ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHfCLES FROM MULTiPLE
VENDORS REQ[JIRED BY CITY ORDINANCE FOR THE POLfCE DEPARTMENT
has appro�riated sufFiciertt funds to satisfy the City's obligation during the renewal term.
FISCAL IN�ORMATIONICERTIFICATION:
The Finance Director certifies thaf upon approval and corripletion af the abo�e recammendatians and
the adoptian of fha attached supplemental appropriation ordinance, �unds will be available in the current
operating budgef,.as appropriated, of the General Fund.
LW:r
Submitted for City Manager's
Ofiice by:
Libhy Watson
Originating Department Head:
I FUND
� (co)
� ��a�
6183 � GG09
�
4838G I (fram)
I GGo1
ACCOUIVT � C�N7'ER I AMOUI�T C1Tl' S�CRETAItY
539120 0353403
46262�4 0353403
539120 0353403
$446,944.00
$446, 944.00
Ralpl� Me�3doza
Additional Information Contact:
Susan Alanfs
�
782b2 I
APPROVED 04/08/Q3
$446,944.Q0 ORD.# 155I7