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HomeMy WebLinkAboutContract 31843 CITY SECRETARY CONTRACT NO. CONTRACT FOR TOW TRUCK SERVICE (TILT BED/ROLL BACK) WHEREAS, the City of Fort Worth occasionally requires the services of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Carisma Automotive Group LLC dba Westloop Towing & Recovery , hereinafter referred to as "Company", acting herein by and through Richard Phillips , its duly authorized Manager , agree as follows: 1. SERVICES City hereby contracts with Company to provide police pull towing service. As used herein, "police pull" shall mean that the 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, 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, 2005. In addition to the initial term of this contract, there shall be four options to renew for terms of one year each, unless earlier terminated as hereinafter provided. Renewal 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 to City. 3. COMPENSATION 3.1 Compensation. As compensation for providing the services contemplated by this Contract, City agrees to pay Company as follows: a) Towanp. A charge of one hundred twenty five dollars ($135.00) 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 Company responds to the scene of a police pull with a tilt bed/roll back truck when the police pull could have been accomplished with a standard tow truck, Company shall be entitled to the reduced charge of One hundred dollars ($100.00). b) Second tow vehicle. In the event the police officer at the scene determines that a standard tow vehicle is required in addition to the tilt bed/roll back truck, a charge of One hundred Dollars ($100.00) per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pull. A police supervisor shall approve the use of a second tow truck. Travel time is excluded. c) Extra work. An additional charge of One hundred dollars ($100.00) per hour, with a minimum charge of one hour, charged in increments of fifteen (15) minutes, for removing vehicles that are off the street right-of-way, such charge to be made from the time the operator begins to remove the vehicle until it is on the traveled portion of the street. Even though the vehicle is within the street right-of-way, an additional charge may be made if the vehicle is located in some unusual 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 allowed when authorized by a police officer at the scene of the pull. The charges for such extra work shall be reviewed and approved by the Auto Pound Wrecker Administrator. Extra work excludes travel time, waiting time, and clean-up time. d) Handling hazardous materials. When the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Protection Agency, Texas Department of Transportation, or the Texas Commission on Environmental Quality, a fee equal to one hundred-fifty (150) percent of the charges Tilt Wrecker 2 Page 2 of 12 permitted under subparagraph "a" above. In addition, a charge may be made for expenses incurred related to protective clothing and any other supplies or equipment used in handling such materials, such charge being equal to the actual amounts incurred plus fifteen (15) percent. e) Nothing contained herein shall be construed so as to obligate City to expend any sums of money except for work actually performed. Further, nothing contained herein shall be construed so as to guarantee that City will contact Company for any towing service contemplated by this Contract. 3.2 Invoicing and Payment. Company shall Invoice City once 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 shall include copies of the wrecker selection form signed by the officer at the scene of the police pull and/or personnel at the Fort Worth Auto Pound. Such invoice shall be subject to the review and approval of appropriate City personnel. 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 review to be conducted during the month of August 2004. Similar reviews shall occur in August of each succeeding year that this contract is in effect. City shall make adjustments in the compensation based upon increases or decreases in the cost of doing business, taking into consideration fuel, insurance, labor, and such other costs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the following vehicles and equipment in working condition: a) A minimum of one (1) tilt bed/roll back dual rear wheel wrecker rated at not less than 14,000 pounds gross vehicle weight. b) At a minimum, all wreckers shall be equipped with the following equipment, which at all times shall be maintained in working order: Tilt Wrecker 3 V U,Y Page 3 of 12 � S- �� p 1) Tow bar 2) Towing lights 3) Emergency overhead warning lights (red or amber color only) 4) Safety chain 5) Fire extinguisher, A.B.C. Type 6) Wrecking bar 7) Broom 8) Ax 9) Shovel 10) Reflectors or traffic cones 11) Trash container 12) Two way voice or computer communication between tow truck and Company dispatcher 13) Backing warning signals 14) Wheel chocks 15) Traffic cones c) Each wrecker shall have the identifying markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall provide Notice of Complaint Procedures to the owner of a towed vehicle as outlined by the Texas Department of Transportation 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 shall be inspected by the Chief of Police or his authorized designee prior to being used for services contemplated by this contract. In addition, each tow truck and the required equipment shall be subject to intermittent inspection to assure compliance with this contract. Tilt Wrecker 4 Page 4 of 12 5. INSURAI`JCE RECUIREMENTS Company shall maintain insurance of the following types and amounts from insurers acceptable to the City: 5.1 Commercial General Liability $500,000 each occurrence $500,000 aggregate or Garage Liability $500,000 each accident, other than auto $500,000 aggregate 5.2 Automobile Liability $500,000 each accident, combined single limit This coverage shall include all vehicles owned or non-owned that are operating under Company's operating authority. 5.3 Cargo/On-Hook $50,000 per unit Coverage shall include both the unit being towed and its contents. Units covered shall include but not be limited to motor vehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 GARAGEKEEPER'S LIABILITY $30,000 per unit 5.5 Worker's Compensation/Accident Insurance Coverage shall meet the minimum requirements of state law as con- tained in the Motor Carrier Rules and Regulations. 5.6 Current insurance certificates shall remain on file with the City during the term of this Contract. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30) days prior written notice to Company. Policies shall be endorsed as follows: Tilt Wrecker 5 Page 5 of 12 a) The City, its officers, employees and servants shall be endorsed as an additional insured on all policies except employer's liability insurance coverage under the workers' compensation insurance policy. b) Certificates of insurance shall be delivered to the supervisor of the City of Fort Worth Auto Pound, 1301 E. Northside Drive, Fort 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 shall not constitute a waiver of the insurance requirements specified herein. d) Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material 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 current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f) Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g) Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h) Workers' compensation insurance policy(s) covering employees shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i) City shall not be responsible for the direct payment of insurance premium costs. j) Insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Tilt Wrecker 6 Page 6 of 12 k) Company shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1) Company's liability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Company shall provide complete copies of all 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 federal law, rule or regulation shall prevail for the respective type of insurance coverage and/or limit thereof. 6. DUTIES 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 primary business the towing of vehicles 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 from the 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 hereof, to verify compliance with this condition. b) Maintain a currently licensed vehicle storage facility located within the corporate limits of the City. "Vehicle storage facility" shall mean a facility operated by a person under Article 6687-9a, Revised Statutes. c) Maintain business operation twenty-four (24) hours a day, seven days per week. d) Respond to all calls contemplated by this contract within thirty (30) minutes of notification, except in extraordinary situations where delay is caused by ice, snow, or other weather related conditions. In the event Company fails to Tilt Wrecker 7 Page 7 of 12 respond as required, City may notify another wrecker company and Company shall not be entitled to the compensation to which it would have been entitled had it arrived timely. e) Maintain on file with the City the name of the owner, president or chief executive officer, business address 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 (5) business days of any such change. 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 without delay or detour. g) Fully cooperate with any investigation conducted by the City regarding complaints against Company, whether or not such complaints arise out of services contemplated by this Contract. 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 the scene by the owner or operator of a vehicle or an authorized representative of same, or by the City. j) Completely remove all debris resulting 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 corporate limits of City at the scene of a wrecked or disabled vehicle, regardless of whether the solicitation is for the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. 1) Shall only employ drivers of tow trucks authorized to operate same. m)Provide the Police Pound personnel with an invoice at the time the vehicle is delivered to the Auto Pound together with the signed wrecker selection form to be provided. Tilt Wrecker 8 Page 8 of 12 7. TERMINATION AND SUSPENSION 7.1 This contract may be terminated or suspended by the City for any of the following causes: a) Violation of any term or condition specified in this contract. b) Failure to notify the Communications Division of the Police Department within fifteen (15) minutes from the time of notification if the Company will be unable to respond within the thirty (30) minutes allotted for a response to a wrecker call. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol and/or drugs. d) Permitting a tow 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 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 sustained complaint of threats made by personnel of the Company while acting in their capacity as employees of Company made against third parties during a police pull or otherwise. h) Failing to comply with all directions of police personnel at the scene of a police pull or civilian or police personnel at the Police Auto Pound. Company may request a police supervisor to validate any such direction given. i) Failure to comply with any state or federal law or city ordinance related to the operation of a wrecker company. j) Five (5) passes 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 service as required by paragraph 2 above. Tilt Wrecker 9 1 Page 9of12 k) Ten (10) passes within a thirty (30) day period. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a request for service as required by paragraph 2 above. 1) Violation of any rule or regulation contained in Exhibit "A" attached hereto. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (20) days prior to such suspension or termination. Company shall have the right to request a hearing before the Chief of Police or his designee regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of notice of intent to terminate or suspend. A hearing shall be conducted 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 In the event this contract is suspended for cause, the suspension shall be for a period of time of not less than six (6) months nor more than twelve (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 shall be reinstatement of this contract. Company expressly waives any and all rights to monetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees. 8. INDEMNIFICATION With regard to any liability which might arise hereunder, City and Customer agree that they shall be solely and exclusively liable for the negligence of its own agents, servants, subcontractors and employees and that neither party shall look to the other party to save or hold it harmless for the consequences of any negligence on the part of one of its own agent, servant, subcontractor or employee. Nothing 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. Tilt Wrecker 10 Page 10 of 12 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portion hereof to any party without the prior written consent of City that shall not be unreasonably withheld. Any such assignment, transfer or subletting of this Contract shall be void and shall operate as a termination hereof. 10. ZONES AND ROTATION LIST A. City shall divide the city into four (4) zones that shall correspond to the four (4) patrol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its principal place of business. B. City shall create a rotation list within each of the four (4) zones that will dictate the order in which wrecker companies are contacted. C. City may request Company to conduct a police pull within any zone, and Company agrees to use its best efforts to arrive at the scene of the police pull within thirty (30) minutes. 11. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Company shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Company shall have exclusive control of and the exclusive right to control the details of the work or service to be performed hereunder, and all persons performing same on behalf of Company, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between the parties hereto. n witness`w ereof, the parties hereto have executed this Contract on the day o�I] -- , 20C. Tilt Wrecker 11 Page 11 of 12 ATTEST: CITY OFF R W TH V\fLA�111 � By: Marty Hendrix Joe a iaaCity Secretary As stanager APPROVED AS TO FORM AND LEGALITY NO M&C REQUIRED ssistant Attorney ATTEST: Carisma Automotive Group LLC dba Westloop Towing & Rec By. Corporate Secretary Richai%P i ' s, Manager Tilt Wrecker 12 r• - ^,�' Page 12 of 12 CITY E,����;'�t aaon nq EXHIBIT A AL TO P®UND The following rules and regulations will be followed by ALL Wrecker Companies upon arrival at the Auto Pound. 1. The entry gate will not be blocked by wreckers waiting to enter or exit the Auto Pound. 2. No wrecker shall enter the Auto Pound with more than one (1) person/operator, unless authorized by the on duty shift supervisor. This will be done on a case by case basis. 3. For safety reasons, a Car Carrier will be required to off load their cargo when possible. This shall be determined by the on duty supervisor. 4. Inventories should be handled in an expeditious manner when possible. However, Auto Pound personnel are required to do a complete and precise inventory of all property and vehicles. A specific time frame would be impossible to institute. 5. No wrecker driver/operator will assist with any inventory being conducted by Auto Pound personnel. 6. The use of Car Carriers, extra time, extra equipment, etc., shall be subject to approval by the Wrecker Administrator or Auto Pound Supervisor. 7. Wrecker drivers/operators/owners shall be required to follow any directions or instructions given by Auto Pound personnel. 8. Wrecker Company Owners shall assist and comply with any investigation performed by Auto Pound personnel or the Fort Worth Police Department in regards to their company, driver, operator and or business without hesitation. 9. Violations of any of the above rules shall be subject to review by the Wrecker Administrator or Auto Pound Supervisor. The Auto Pound Supervisor or a higher level of command may 'determine disciplinary action up to and including termination of contract.