HomeMy WebLinkAboutContract 28647h o
��iY ���R��'��lY �����
�" CONTRACT �OR TOW TRUCK SERVICE��Nl'�A��`� S�. ,
(STANDARD SERVICE)
WHEREAS, the City ofi Fort Worth occasionafly requires the services of �
tow trucks; and .
WHEREAS, such tow truck services are nec�ssary to protect the safety of
the citizens of the City of Fort Worth,
N�W, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City �f For� Worth, hereinafter r�ferred to as "City", acting herein by
an� thro�gh Libby Watsan, its duly authorized Assisfant City Manager, and Tow
�p Svstems [nc. d�a Western Recaverv, Ine. , hereinafter referred to as
"Company", acting herein by and through Jovice E Holcomb , its duly authorized
President , agree as fallows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing service.
As u�ed herein, "police pull" shall mean that the Fort Worth Police Depar�ment
has called Company from the rotatior� list ta aither remave a wrecked or disabled
vehicle or to remove a vehicl� in a safe driving condition, but the owner is not
present, abfe or permitted to drive or to make authorizations.
2.
TERM
The initial term of t�is contract shall expire on Se�fember 30, 2003. In
addition fn fhe initial term of this contract, there shall be four options ta renew for
terms of one year each, unless earlier termir�ated as hereinafter provided.
R�n�wal sha[I occur upon City induding in its budget for the options years
sufficient funds to pay for its obli�ations hereunder and Company pro�iding proof
of insurance to City.
3.
COMPENSATION
3.� Compensation, As compensation for providing tl��� �,��t,�c���
cont�mplated by this Contract, City ag�ees to pay Company as follo�s; ��s�,���;,���
`. ����u �� ���,
�r�� al �
a) Towaqe. A charge of One �undred Dollars ($10�.00) far towing such �ehicle
from or�e point on a sfreet fo anather location witnin tne corporate limits of the
ci#y as direct�d by the police department at the place where tY�e tow
originated; such charge includes one-half hour of extra work.
b} Second tow #ruck. In the event the police officer at the scene determines
that a second tow truck is required, a charge of One hundred dollars
($100.00) per hour, with a minimum charge of one hour, billed in increments
of fifteen (i 5} minutes while at tne scene of the police pUll. A police
supervisar shall apprave the use af a second tow truck. Travel time is
excluded.
c} Extra work. An additionai charge of ane hund�ed dollars {$104.00} per
hour, with a minimum charge of one nour, charged in increments of fifteen
(15} minutes, for remaving venicles that are aff the street right-of-way, such
charge to be made from the time the operator begins to remove th� v�hicl�;
until it is on the traveled portion of the street. Even though the vehicle is
wifhin the stre�t right-of-way, an additional charge may be made if the vehicle
is located in some unusual condition within the. rignt-of-way, such as, but not
limited to, a river ar a creek bed or a ditch of greater depti� than t�e ordinary
�ar ditch. �xtra work shall only be allowed when authorized by a police officer
at the scen� of the pu�l. The charges for such extra work shall be reviewed
and approved by fi�e Auto Pound Wrecker Administrator. Extra work
excludes travel time, waiting time and ciean-up time.
d) Use of a dollv. No additional fee shall be charged far the use of a dolly.
e) Handlinq hazardous materials. When the cargo of any moto� vehicle or
trailer includes explosive, nuclear, radioactive, hazardous or corrosive
materials, as defned by the Environmental Protection Agency, Texas
DePartment �f Transpor�ation, or �he Texas Commission on Environmental
Quality, a fee equal to one hundred-fifty (150) percent of the charges which
may be assessed pursuant to subparagra�h "a" above. In addition, a charge
may be made fior expenses incurred refated to protective clothing and any
Standard Wrccker 2
Page 2 of 12
�
oiher supplies or equipment use� in handling such materials, such charge
being equal to the actua[ amo�nts incurred plus fifteen (15) percent.
f) Nathing cantain�d herein shall be construed so as to obfigat� City to expend
any sums of money. Further, nothing cantainsd herein shall be construed so
as to guarantee to Company that City wil[ contact Company for any towing
services contemplat�;d by this Contract.
3.2 Invoicing and Payment. Company shall Invoice City onc� per month.
Cornpany shall include wit� the invoice such documents as may be reasonably
requested ta prar�ide evidence of the services provided to the City, which at a
minimum shall include copies af the wrecker selection form signed E�y the officer
at the scene of the police pull and/ar personnel at the Fort Worth Auto Pour�d.
Such in�aice shall be subject to the review and approval of app�-opriate City
persnnnel. City shall remit paymenf to Company not more than thirty (30) dayS
following approval of invoice.
3.3 Comqensation R�view. City shall review on an annual basis the
compensation provided for hereunder, with f�e first such review to be conducted
during the month af August 2003. Similar re�iews shall occur in August of each
succeeding year that this cantract is in efFect. City shall make adjustments in the
camPensation based upon increases or decreases in the cost of doing business,
taking into cansiderafion fuel, insurance, labor, and such other costs as may be
relevant to th� o�eration of a tawing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall mair�tain at all times the fallowing vehicles and equipmenf
in working condition:
a) A minimum of two (2) wreckers, ona of which shall be not less than 14,00�
pounds gross vehicl� weight and one of which shall be not less than �O,OflO
pounds gross vehicle weight, dual rear whee[s, equipped with a hydraulic
operated wir�eh, winch lines, and a boom rated at not less than 8,aQ0 pound
lift capacity and a wheel lift device rated at not less than 2,50Q pounds.
Standurd Wrecker
]'a;c 3 of ]2
3
r
b) At a minimum, afl wreckers shail be equipped with the fo{lowing equipment,
which at all times shall be maintained in working order:
1}
2)
3)
4)
5)
6)
7}
8)
9)
10}
�1)
12)
�3)
14)
Tow bar
Towing lights
Emergency overhead warning lighfs (red or amber color only)
Safety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shave!
Refl�ctors or traffc canes
Trash contain�r
Two way voice or com�uter communication between tow truck
and Company dispatcher
Bac�cing warning signal
Wheel chocks
c} Each wrecker shall have the ider�tifying markings required by the Texas
Transportatifln Code, sectian 642.042. 1n addition, c�ach wrecker shall provic�e
Natice of Complaint Procedures ta the owner of a tawed vef�icle as outlined by
the Texas Department of Transportation Rules and Regulations as cantained in
43 Texas Administrativ� Code, Chapter 18, subchapter 18.$9, as same may be
amended from time to time.
d} Each tow truc{c and the required equipment shall be ins�ected by the
Chief of Police or his authorized designee prior to being used for services
contemplated by this contract. !n addit9on, each tow truck and the require�
e��ipment shalf be subject to intermitient inspection ta assure compliance with
this con�ract,
5iandard Wrecke�� 4
l'age 4 af 12
�
�
INSURANCE REQU[REMENTS
Company shall maintain insurance from insurers acceptable to City o� the
followin� types and amounts:
5.� Commercial Genera[ �iability
$500,400 each occurrence
$500,OQ0 aggregate
or
Garage Liability
$500,D00 each accident, other than auto
$5a0,OQ0 aggregate
5.2 Automobile L.iability
$500,QOD each accident, combined single limit
This coverage shall include all �ehicles owned or non-owned that are
operating under Campany's operating authority.
5.3 CargolOn�Hook
$30,Q00 per unit
Cave�age shall include botn the unit being towed and its contents,
Units covered shall inelude but not be limited to motor vehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARA��KE��'�R'S LIABILITY
$3�,000 per Unit
5.5 Worker's CompensationlAccident lnsurance
Coverage shall meet the minimum requirements of state law as con-
tair�ed in the Motor Carrier Ru[es and Regulations.
5.6 Current insurance cerkificates shall remain on fil� with th� City duTing tne
term of this Contract. Insurance coverage may, at th� sole discretion of the City,
be revised upward upon thirty (30} days prior written notice to Company. Policies
shall be endorsed as follows:
Standard Wrecker 5
Page 5 af 12
a} The City, its officers, employees and servants shal{ �e endorsed as an
additional insured on a!I p4licies excepf �mp[oyer's liability insurance
coverage under the workers" compensation insurance policy.
b) Certificates of insurance shall be deli�ered ta the supervisor of the City of
Fort Worih Auto Paund, 1301 E. Northside Drive, Fort Wor��, TX 76102, prior
to any work being performed under this contract.
c} Any fail�are on pa�t of the City to request required insurance
documentation shafl not constitute a waiver of the insurance requirements
specified herein.
d) Each insurance policy shall be endorsed to provide the City a minimum
thirt� days notice of cancellation, nan-renewal, and/or materia� change in
policy terms or coverage. A ten days notice shall be acceptable in the event
of non-payment of premium.
e) Insurers must be authorized to do business in the State of Texas and
have a curren� A.M. Best rating of A: VII or equivalent measure of financial
strength and solvency.
f) Deductible limits, .o� self-funded retention fimits, on eaci� policy must not
exceed $�O,OOO.QO per occurrence unless otherwise approved by the City.
g} Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternati�e coverage or risk treatment measures through
insurance paals or risk retention groups. The City must appror�e in writing any
alternative coverage.
h) Workers' compensation insurance palicy(s) covering employees shall be
endarsed with a waiver of subrogaiion providing rignts of reco�ery in favar of
the City.
i} City shall not be responsi�le for the direct payment of insurance premium
costs.
j) Insurance palicies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial co�erage maintained
by City shall not be called upon to contribute to loss recovery.
Standard Wrecicer �
Page G of 12
k) Company shall report, in a timely manner, to City's officially designated
contract admir�istrator any known loss occurrence which could gi�e rise to a
liabifity claim or lavvsuit ar whic� coul� resulf in a property loss.
I) Company's liabilify shall not be limited to the specified amounts of
insurance required herein.
m) Upon th� r�quest of City, Compar�y shall provide comple�e copies of all
insurance policies required by fh�se contract documents.
5.7 Ir� the event a state or federal faw, rule or regulation pertaining to wrecker
service companies operating within th�; S�ate of Texas exceed insurance
requirements specified herein, such state or #edera! law, rule or regulation shall
prevail for the respective #ype of insurance coverage andlor limit thereaf.
6.
DUTfES AND RESPONSIBILITIES OF COMPANY
Company, during the t�rm of �his cantract, shall perform tne folfowing duties
and have the following responsibili�ies:
a) Maintain as its primary busirtess the towing of vehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a} and 4(b) abo�e.
"Primary business" shall mean that Company receives more than fifty per-cent
(50%) of it gross re�enues from the towing of vehicles and trailers. All of
company"s records shall be open ta r�asonab[e inspection, both af the time of
execution of this agreement and at any time during the term hereof, to �erify
compliance with this condition.
b) Maintain a currently licensed vehicle storage facility located within the
corporate limits a� the City. "Vehicle starage facility" shall mean a facility
operated by a person licensed under Artic[e 6687-9a, Revis�d Statutes.
c) Maintain business operation twenty-four (24) hoUrs a day, s�van days per
week.
d) Respond to all calls cont�mplated by this contract within thirty {30) minutes
of notification, except in exiraardinary situations where delay is caused by ice,
snow or other w�ather related conditions. In the event Company fails to
respond as required, Ci�y may notify another wrecCcer company and Company
Standard Wrecker '�
Page 7 oF 12
sl�all not be entitled ta the cnmpensation to whic� it would Y�ave been eniitled
ha� if arrived timely.
e) Ma�ntain on file with tf�e City the name of the owner, president ar chief
ex�cutiv� officer, business address, and t�lephon� number; further, Company
shall r�otif� the City of any change of ownership, president or chief executi�e
officer, ar change of address within fi�e (5) business days of any such chan�e.
f) Deliver the motor vehicle being towed to the location within the corporate
limits of City designated by the police officer at the scene of the pull. Delivery
shall be made witho�at delay or detour.
g} Fully cooperate with any investigation conducted by the City regarding
camplaints against Company, whether ar nat suct� complaints arise out of
s�rvices contemplated by this Cantract.
h) Shall not become delinquent in the payment of any taxes due to City.
i} Shall not go to any accident scene unless the Company has been called to
tf�e scene by the owner or aperator of a vehicle or an authorized re�resentative
of same, or by th� City.
j) Completely remove all debris resulting from any accident to which the
Campany is responding. Remaval of debris sha[I not be considered complete
by mere[y sweeping it to the curbline.
k) Sh�ll not saEicif any wrecker business within the corporate limits of City ai
the scene of a wrecked or disabled vehicle, regardless of whet�er ti�e
solicitaiion is for th� purpose of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicl�.
I) Shall only employ drivers of fow trucks authoriz�d to op�rate same,
m) Provide ihe Police Pound personne[ with an invoice at the time tE�e vehicle
is deli�ered to the Auto Paund togeth�r with the signed wrecker selection form
to be provid�d.
7.
TERM[NATION AND SUSPENS[ON
7,1 This contract may be terminated or suspended by City for any of the
follawing caUses:
SFanda3'd Wrecker g
Page 8 af 12
regardi�g the int�nt to terminate or suspend for cause by requesting a hearing in
writing within five {5) business days after receipt of notice of inten� to terminate or
s�spend. A hearing shall b� conducted within fifteen (15) days of the request far
hearing. The City, in its sole discretion, may temporarily suspend this contracf
dur�ng any appeals process.
7.3 In the event this contract is suspend�d for cause, tne suspension shalf be
far a period of time of nat less than six (6} monfhs nor more than tw�lve (�2}
months.
7.4 ln the event City s�spe�ds or terminates fhis contract far cause, and the
eause for such suspension or termination is determined ta be invalid, Company's
sole remedy shaq b� r�instatement of this contract, Company expressly waives
ar�y and all rights to mone�ary damages, including b�a# not limifed to actual and
punitiv� damages, cour� costs and attorney's fees.
8.
INDEMNIFICATION
With regard to any liability which might arise h�reunder, City and Company
agre� that they shal! be solely and exclusiv�ly liable for tne negligence of its awn
agents, servants, subcontractors and employees and that neither party shall look
to the other party to save or hold it harmfess fior the consequences of any
negligence on the part of one of its own agent, servant, subcontractor or
employee. Nofhing contained herein shall be construed to be a waiver by City of
any right of protection that it enjoys under applicable State or Federal law.
�
ASSIGNMENT
Company shall not assign, transfer or sublet tnis Contract or any portion
hereof ta any party without the prior written consent of City tf�at shall r�ot b�
unreasonably w.ithheld. Any s�ch assignment, transfer or subletting of this
Confrac� without the consent of the City shalf be void and shall operate as a
termination hereof.
5landard Wrecker l o
Page l0 nf 12
In wEtness whereof, the parties hereto have ex�cuted this Contract on the ����
day of � , 20�� ,
�
ATTEST:
� ��, . � �
. �, , _
ti :' . �-���. �
G oria Pear�on �
City Secretary •
APPROVED AS TO FORM
AND LEGAI�ITY
�
Assistant ity Attor�ey
ATTEST:
Corporate Secretary
C1T�' ;� FORT I�VO�TH
B�: ' � � .
�ibby''�l�atson
Assistant City Manager
� �-=�i���..�. ,_ _ � . .
�on�ract Autharf��tiotn
_ . .. �4 �_ ��.� --- - .._- - �
���� �
Tow Op Svstems Inc., dba
W ester Recovenl I nc.
(Company Name}
By: } : -- � ��
Joyc�'E Hvlcomb, Prasid�nt
5tandard Wrecker 12
Page 12 of l2
�����'� �� -�-
���%f ����_ , '
��, ���u���, $���,
���.���..� �.
, �
�; , t ;�� I�� 1 � _ . 'a
'�'l�e foi�o����g �•�les ���� r�ge���tioYis i�ilg �e �a�9or�ed ➢�y �.,� �Wrecker ��rnpa�ies
upon ��•rival at tl�e Auto Pound.
1. The entry gate will not be l�lociced by wreckers waiting ta ez�ter or exit the Auto
Pound.
2. Na wrecicer shall ent�r the Auio Potiuld witli ��o�e than oile (1) personloperator,
Lulless aL�tliorized by the oii duty sl�ift supervisor. This will be dane on a case by
case vasis.
;. For sa£ety reasons, a Car Carrier will be rec�ti�ired io of�' laad theu cargo wl�en
�ossible. This s11aI1 U� detei7�ain.ed Uy the on duty supezvisor.
4. Ti�ve�itaries sZ�ould Ue handled in a.n expedifious rnanner when possil�le. However,
Auka Pntind perso��nel a.re requi�ed ta do a cornplete and precisa inveutory of all
property and velucles. A specific tinze frama woulcll�e iznpossible to iilstitute,
S. No wrecicer driverloperator will assist wif17 aa�y invent�ry Ueing conducted by
Auto Pou�d persomiel.
6. The use of Car Cari~ier�s, e�tra time, extra equipmen�, etc., sha11 be subject ta
approval by tlie Wrecl�er Adiizuus�rator or Auto Pound Supervisar.
7. Wrecicer drivers/operatars/awz�ers shall be requi�ed to follow any duections ar
ins�-uctions given by Atrto Pound persoilneI.
8. Wrecicer Conlpai�y Owners sl�all assist a�d con�ply �vitl� �iy investigatian
�erfoi-��d by Auto Pound personn�l ar the Fort ViTarth Polic� Depat�.neizt in
regar.ds to theu compaily, driv�r, opera�or and or business vvithotixt hesi�ation.
9. Violatioi�s of any of the above rulus shall Ue st��ject to review 1�y �he Wrecker
Adinulistrator or Auto Pound Supei-visor.
TI�e Auio Patiind Supervisor or a lu�her level of co�runand may c�eter�ine
disci�li.ilai}� actioi� up to a��d iz�cluding tei7niilat�oii of contract.
�'ity of ' �'o�� T-ilorth, 7'exas
����r ��� ������1 �����n�c�t�c��
DA7� F2EFERENCE NUMBER LOG I�iAME PAGE
418103 �_1 ���,q, 35TOWS 1 of 2
sueJ�cr SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
�. Authorize contracts far Palice Depar#ment requested non-consent towing of wrecked or abandaned
vehicles.from multiple vendors as required by Sectian 34-181 of the Code of the City of Fort Worth
(198E), as amended; and
2. Authorize the contracts to begin April 8, 200�, and expire September 30, 2003, with options to
renew for four additional ane-year periods; and
3. Adopt the attached supplemental apprapriation ordinance increasing estimated receipts and
appropriations �y $446,944 in the Ge�eral Fund from available funcls.
D15CUSSI�N:
5ection 34-181 of the Cvde of the City of Fort Worth (1986), as amended, required that all police
department, non-consent tows, shalf be undertaken pursuant �o contract, specificaily exec�ted between
the City and a wrecker company. The Public Sa�ety Committee extensiuely reviewed the new rates and
unanimously approved this recammendation on March 25, 20Q3.
There are three types of contracts and rates as fallows:
� Standard tow trucks $100
� Tilt bedlrollback tow tr�cks $125
� Tandem tow tr�cks $180
Contracts will be executed with any vendor desiring to pertorm non-consent tows for the Police
Department, if they meet the contract req�irements such as towing aperations being �he �endors
primary business, equipment s�ecifica#ions, insurance, and a Eacally licensed sfiorage facility.
The fees for services to be provided and assignmenf to one of four zones are �h� same as cantained by
City Code. The estimateci expenditur� for these services is $�.8 million per year including the
anticipated increase (of $446,944) for the remainder of the fiscal year based or� the re�ised rates. This
increase wilf be offset by re�enue collected as fees.
RENEWAL OPTIONS - These confracts may be �enewed for up to four successiv+e one-year terms at
the City`S o�tion. This action does not require specific City Council approval �ro�ided the City Council
�`ity o, f �'o�t T�orth9 �exas
���� ��1� ����c�` �,���i��/���#���1
DATE REFEF2ENCE NUMBER LOG NAME PAGE
418103 �_� 9�f�� I 35TOW5 2 of 2
SUBJ�CT SUPPLEMENTA�. APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED �R ABANDONED VEHICLES FROM MULTIPLE
VEND4RS REQUIRED BY CITY ORDINANCE F4R THE POLICE DEPARTMENT
has appropriated sufficient funds to satisfy the City's obl�gation during the renewal term.
FISCAL INFORMATI4N/CERTi�ICAT[ON:
Tf�e Finance Director certifies fhat upon approval and complefion of the abo�e recommendatians and
the adoption of the attached sup�lementai appropriatian ordinance, funds will be available in tf�e current
operating budget, as appropriated, of the General Fund.
LW:r
Su6mitted for City Manager's
bffice by:
Libby Watsc�n
Originatin� Department Head:
Ralph Mei�doza
Additional Information Contact:
Susan Alanis
� FUND � ACCOIJI�T
� (to)
� GG01 539120
6i83 GG01 �462624
�
48386 I (from)
GG01 53912D
�
78262 �
CENTER I AMOUNT
03534a3 $446,944.0�
03534Q3 $446,944.Qa
�3534fl3 $446,944.00
C1TY S�CRE'I'ARY
I APPROVEI] 04/08/03
� ORD.# E5517
�