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HomeMy WebLinkAboutContract 28648. _ , _ _ CIiY ��C������C�( � b � 2S ' ' GON�RAC� i� � CONTRACT F4R TOW TRUCK SERVICE " ' (TILT BEDIROLL BACK) WHEREAS, the City of Fort War�h occasionally requires the services of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the eitizens of the City of Fork Workh, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of For� Wor�h, 1�ereinafier referred to as "City", acting herein by and throug� Libby 1Natsan, its duly authorized Assistant City Manager, and Tow Oq Svstems Inc., dba Weste�n Recovery Inc. , hereinafter referred to as "Company", ��cting herein by and t�raugh Javice E Holcomb , its du[y authorized Presidenfi � agree as fallows: 1. SERVICES City hereby contracts with Company to provide po[ice pull towing service. As used herein, "police pull" shall m�an that the Fort Worth Police Department has called Campany from the rotation list to either remove a wrecked or disabled �ehicle or to remove a vehicle in a safe driving conditian, but the owner is nof pr�sent, able or permitted to drive or to make authorizations. 2. TERM The initia! term of this contract shalf expire on September 3Q, 20Q3. ln a�dition to the initial term of this contract, there shall be four options to renew for terms of ane year each, unless �arlier terminated as hereinafter provided. Renewal shal[ occur upon City including in its budget for the options years sufficient funds to pay for its obligafions hereunder and Company provi�ing proof of insurance �o City. 3. C4MPENSATION 3.1 Com�ensation. As compensation for praviding � contemplated by this Contract, City agrees to pay Company as f�ilf�ian►�,�. s.���i�Q� . �p��� � ( � a) Towage. A charge ofi one hundred twenty five dollars ($125.00) for towing such vehicle from one paint on a street to another location within the corporate limits of the ci�y as directed by the police afficer at the �lace where the tow originated; such charg� includes one-half haur of Extra Work. In the event Company respor�ds to the scene of a police pull with a tilt be�lroli back truck rrvhen the poliee pull could have been accamplished with a standard taw truck, Com�any shall be entitled to the reduced charge of One hundred dollars {$100.00). b) Second tow vehicle. ln the event ti�e police officer at the scene determines that a standard tow ve�icle is required in addition to the tilt bedlroll back truck, a charg� of One hundred Do{lars ($10a.0�) per hour, with a minimum cnarge of one hour, billed in ir�crements of fifteer� {15) minutes while ai the scen� of the police pull. A police supervisor shall appro�e t�e use of a second tow truck. Travel time is exc{uded. c) Extra work. An additional charge of �ne hundred dollars {$1 Q0.00) per hour, with a minimum charge of one hour, charged in increments of fifteen (15) minutes, for removing vehicles that are off the streef right-of-way, such cha�ge to be made from the time the operatar begins to remove the venicle until it is on the traveied portion of the street. Even though the vehicle is within t�e �treet right-af-way, an additionaf charge may �e mad� if the vshicle 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 greafer depth fhan the ordinary bar ditch. Extra work shall only be a�lowed wf�en authorized by a police officer at the scene of the pul1. The c�arges for s�ach extra work shall be reviewed and approved by the Auto Pound Wrec�Cer Administrator. Extra work excludes travel time, waifing time, and clean-up iime. d) Handling hazardous mat�rials, Wnen the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazar�ous or corrosive �aterials, as defined by the Environmental Profection Agency, Texas Department of Transportation, or the Texas Commission on Environmentaf Quality, a fee eq�al to one hundred-fifty {15D} percent of the charges Tilt Wrecker 2 Page 2 of' 12 r + permitied under subparagraph "a" a�ove. In addition, a charge may be made for expenses incurred related to protective cfothing and any other suppli�s or equipment used ir� handling such materials, such charge being equal to tne actual amounts incurred plus fifteen (15} percent. e) Nathing contained herein s�all 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 a�y towing s�rvice contemplated by this Contract. 3.2 Invoicinq and Payment. Company shall In�oice City once per month. Company shall include with the invoice such �ocuments as may f�e reasonably requested to provide evidence of the services provided fo the City, which at a minimum shall include copies af the wrecker selectian form signed by the officer at the scene of the police pull andlor persar�nel at th� Fort Worth Auto Pound. Such in�oic� shall be subject fo the review and approval of apprapriate Cifiy persor�nel. Cit� shall remit payment to Company not mare than thirky (30) days following approval of invoice. 3.3 Com�ensation Review. City shall review on an annual basis the compensation provid�d for hereunder, with the first such review to be conducted during the month of August 2003. Similar reviews shall occur in August of each ' Succeedin� year that fihis contract is in �ffect. City shall make adjustments in the compensation based u�on increases or d�creases in the cost of doing business, taki�g into cansideration 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) tiit bedlroll back d�al rear wheel wrecker rated at not less than 14,OD0 pounds gross vehicle weight. b) At a minimum, all wreckers shal! be equipped with the following equipment, which at all times shall be maintained in working order: Tilt Wrec[cej- ��a�� 3 Q� iz 3 � , 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Tow bar Towing lights Emergency overl�ead warning [ights (red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wrecking bar Broom A�c Shovel Reflectors or traffic con�s Trash container Two way �oice or computer cornmunication between tow truck and Company dispatcher Backing warning signals Wheel choc�cs Traffic cones c) Each wreCker shal{ have the identifying markings required by the Texas Transportation Code, sectian 6�42.002. In addition, each wrec�Cer shall provide Notice of Complaint Procedures to �he awner of a fowed veh�cle as outlined by the Texas Department of Transpor�ation Rules and Regulations as contained in 43 Texas Administrafive Code, Chapter 18, subchapter 18.89, as same may be amended from time tv time. d) Each tow truck and the require� equipment shall be inspected by the Chief of Police or his aufY�orized designee prior to being used for services corttemplated by this contract. In additian, each tow truck and the required equipment shall be subject to intermittent inspection to assure com�liance with this contract. Tilt VJrecker Page 4 of l2 � 5. INSURANCE REQUIREMENTS Company shall maintain insura�ce of the following types and amounts fram insurers accepta�fe to the City: 5.� Commercial Ceneral Liability� $5Q0,000 each occurrence $500,QD0 aggregate or Carage Li�bility $�00,000 each accident, ather t�an auto $50�,000 aggregate 5.2 Automobile �iability $5Qa,000 each accident, combined single limit This coverage shall include all vehicles awned or non-owned that are operating under Company's operating autharify. 5.3 CargolOn�Fiook $30,000 per unit Coverag� shall include both the unit being towed and its contents. Units covered shall incfud� bu# not be limited to motor �ehicles, trailers and boats. Coverage shall be written on a direct primary basis. �.4 CAftAG�K����R'S �,IABILIiY $30,000 per unit 5.5 Worker's CompensationlAccident 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 an fils with the Cifiy during the term of this Contract. Insurance coverage may, at tE�e sole discretion of t�e City, �e re�ised upward upon thirty {30) days prior written natice to Company. Policies shaf[ be endorsed as fo1[ows: Tilt Wrecker Page 5 nf l2 � � , a) The City, its officers, employees and servants shall be endorsed as an additional insured on all policies except employer's liability insurance co�erage under the workers' compensation insurance �o[icy. b) Certificates of insurance shall be deli�ered to the supervisar of the City of Fort Worth Auto Paundq 1341 E. Northside Drive, Fort Worth, TX 76102, prior to any work being performed under this contract. c) Any failure on part of the Cify to request require� insurance documentatian shal� not canstitute a waiver of the insurance requirements specified herein. �) Each insurance policy shall be endarsed to provide the City a minimum �hirky days notice of cancellation, non-renewal, andlor material change in policy terms or caverage. A ten days notice shall be acceptable in the event of r�on-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 meas�are of financial strength and solvency. f) Deductible Eimits, or self-funded re�ention limits, on each policy must not exceed $10,OOQ.00 per occurrence unless otherwise approve� by the City. g} 4ther tF�an worker's compensation insurance, in lieu of traditional insurance, City may consider alfernative coverage or risk treatment measures through insuranc� pools or risk retention groups. The City must approve in writing any alternative coverage. h) Workers' compensation insurance policyts) covering employees sha[1 be endorsed with a waiver of subrogation providing rights of reco�ery in favor of the City. i) City shall not be responsible for the direct payment of insurance premium casts. j) lnsurance policies shall each be er�dorsed ta provide t�at such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon fo contribute to loss recovery. TiIY Wrecke�• PageGafl2 G � , k) Company shall report, in a timely martner, to City"s officially designated cantracf administrator any known loss occurrence which could give rise to a liability claim or lawsuit ar which cauld result in a property loss. I) Company's Iiability shall nof be limited to the specif.ied amounts af insurance required herein. m) Upon the request of City, Company shall provide complete copi�s of all insurance policies requir�d by these contract documents. 5.7 In the event a state ar federal law, rule flr regulatian perkaining to wr�ck�r service companies operating within the State af Texas exc�ed insurance requirements specified herein, such state or federal law, rule or regulation shall prevail for the respective type of ins�rance coverage andlor limit thereof. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, durir�g the term of this contract, shafl perform the following duties and have the following responsibilities: a) Maintain as its primary business the towing of vehicles or trailers by wreckers meeting th� requirements of paragraphs 4(a} and 4(b} above. "Primary business" shall mean that Company recei�es more than fifty per- cent (50%) of it gross revenues from the towing of vehicles and trailers. All of company's recards shafl 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 currentiy licensed vehicle starage facility located within the corporate limits of the City. "Vehicle storage facility" shall mean a faciliiy operated by a person un�er Article 6E87-9a, R�vised Stafutes. c) Maintain business o�eration twenty-fpur {2�4) hours a day, seven days per week. d) Respond to all cafls contemplated by this contract within thir�y (30) min�fes of notification, except in extraordinary situations where defay is caused by ice, snaw, or �ther wea�her related conditians. In the event Company fails ta Til[ 4Vrecker 7 Page 7 of 12 , , respond as required, City may notify another wrecker company and Compar�y shall not be entitled to the compensation to which it woufd have been entitled had it arrived timely. e) Maintain on fi�e with the City the name of the owner, presideni or chief executive officer, business address and ie[epf�one number; further Company shall notify the City of any change of ownership, president or chief executive officer, or change of address within fi�e (5) business days of any such change. f) Deliver the motor vehicle bei�g towed to the lacation within tF�� corporate limits of City designated by the police officer af the scene of the pull. Delivery shall be made without delay or defiour. g} Ful[y coa�erate wifh any investigation conduct�d by the City regarding com�laints against Company, whether or not such complaints arise out of services contemplated by this Contract. h) 5hall not become delinqu�nt in the payment of any taxes due to City. i} Sf�all not go to any accidenf scene unless the Company has �een calfed to the scene by ti�e awner or operator of a vehicle or an authorized representative of same, or �y tne City. j) Completely remove all debris resulting from any accident to which the Company is respanding. Removal ot debris shall not be considered complete by merely sweeping it to th� curbline. k) Shall not solicit any wrecker busin�ss within the corporate fimits of City at the sc�ne of a wrecked or disabled vehicle, regardless af whether the solicitation is for the purpose of saliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. I) Shall only employ drivers of tow trucks autf�orized to aperate same. m)Provide the Police Pound persortnel with an invoice at the time the �ehicle is �eli�ered to the Auto Pound together with the signed wrecker selection form ta be provided. Tilt Wrecker Page 8 of 12 E. 7. TERMINATION AND SUSPENSION 7.� This contract may be terminate� or suspended by the City for any of the following causes: a) Uiolat�on of any ferm or condition specified in this contract. b) Failure to notify the Communications Division af fhe Po�ice Department within fifteen �� 5) mintates from the time of notifiication if the Campany will be una6le to respond within the thirty (30) minutes allotted for a response to a wrecker call. c} Permi�ting a tow truck to be operated �y anyone while under the influence of alconol andlor drugs. d} Permitting a tow truck to be o�erafed by anyone whose operator's license is suspended. �} Transferring or assigning any call for service to any otF��r company f) Any sustained camplaint of theft by persannef of Company wh�le acting in the�r capacify as emplayees of Company, wf�ether accurring during a police pull or otherwise. g} Any sustained complaint of thre�fs mad� by persannef of tf�e Company while acting in their capaci�y as employees of Company made against third partiss during a police puN or ofh�rwise. h) Failing to comply with all directions of police personnel at the sc�ne 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 giv�n. i} Faifure to comply vuith any state or federal faw or city ordinance related ta the operation at a wrecker company. j} Five (5} passes within a thirky {30} day period. Pass in this paragraph sl�all mean Cnmpany failing to notify the City of its inability to respond to a request for service as required by paragraph 2 a�ove. Tilt N�recicer r�t°GC � O� IZ � � k) Ten ('10) passes within a thirty (30) day periad. Pass in t�is paragrapf� shall mean a Company notifying the City of its inability to respond to a request for service as required by paragraph 2 a�ave. I) Violation of any rule or regulation confained in Exhibit "A" attached hereto. 7,2 City shall notify Campany in writing of its intent to t�rminat� or sus�end for cause twer�ty (2Q) days prior to sucn suspension or termination. Company shall have the �ight ta request a hearing before the Chief of Police or his designee regarding the intent to terminate or suspend for cause by requesting a hearing fn vuritir�g wit}�in fiv� (5� business days after receipt of notice of intent to terminate or suspend. A hearing shall be co�ducted within fifteen (15} days of the request for hearing. The City, in its sale discretion, may tempot'arily suspend this contract during any appeals process. 7.3 ln t�e event t�is contract is suspended for cause, the suspension shail be for a period of time of not less fhan 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 suspensivn or terminatian is determined to be invaiid, Company's sole remedy shall �e reinstatement of this contract. Company expr�ss�y waives any and all rights to monetary �amages, including buf nat fimited fo actual and punifiv� damages, co�rt costs and aftorney's fees. 8. INDEMNIF'ICATI4N With regard to any liability which might arise hereunder, City and Cusfomer agree that th�y shall be solely and exclusively liable for the negligence of ifs own agents, servants, subcontractvrs and employees and th�t neither par�y shall laok to the other party to save or hald it harmless fior the consequences of any negligence on the part of one of its own agent, servant, subcontractor or em�layee, �lofihing contained hereirt shalf be constru�d to be a waiver by City af any right of protection tnat it enjoys under applicable Sfate or Federaf �aw. Till Wrecicer Puge 10 c�f 12 ��� '� ASSIGNMENT Company shall not assign, transfer or subfet this Contract or any por�ion hereof to any party without the prior written consent of City that sha11 nat be unreasonably withne�d. Any such assignment, transfer or s��[etting of this Contract shall be void and shall operate as a termination hereof. 10. ZONES AND ROTATION LIST A. City shall �ivide the city into four (4) zones that shall correspond to tY�e four {4} patrol divisians. Company sha11 �e assigned to the zone or an adjac�nt zone in which it maintains its principal place af business. B. City shall cr�ate a rotatian list within each of the four (4) zones that will dictate the order in which wrecker companies a�-e contacted. C. City may request Company to conduct a police pull within any zone, and Company agrees to use its best efforts ta arrive at the scene of the po�ice pull within thirty (3Q) minutes, 91. INDEPENDENT CONTRACTOR !t is understood and agreed by t�e parties nereto that Company shall per�orm all work and services hereunder as an independent contracior, and nat as an officer, agent, servant or employee of tF�e City. Campany shall have sxclusive control of and the exclusive righi to control the details of the work or service to be p�rformed hereunder, and all persons performing same on behalf of Company, and shall be solely responsible for the acis and omissions of its officers, agents, servants, emp[oyees, contractors, su�contractors, licensees and invitees. The doctrine of respondeat superior shall not apply as beiween the City and Company, its officers, agents, servants, employees, contractors an� subcontractors, and nathing herein shal! be construed as creating a partnership or joint venture . between the parties hereto. in witness whereof, the parties hereto have executed this Contract on the ���� day of � , 2063. � Ti I t W recicer Pa�e 1 I of 12 11 ATTEST: �%r_ . �i , � - = - �� ,�,.. �� Gloria Pearson� City S�cretary APPROVED AS TO FORM AND LEGALITY ��� AssEsta�f City Attorney ATTEST: Carporate Secretary Tl�t Wl'CC�CeT Pagc l2 oF k 2 �ITY.� FORT �ORTH �y: _ , � Libby �atson Assistant City Manager � �L L� _ _ _ - - Gantx� t Ru�&arf��tiion _ � .�. � � ...... _ . , � _ ._�___ ���� Tow Op Svstems Inc. dba Western Recovery lnc. (Company Name) �_ _..,.,�t , Joyq� E H�fcomb, President l2 . ;;','l �c��r;i j���} L➢�r �II �ri, �� �� E ,7 e V�' 1� , �r�.���� � � ���� ��� TUe €�a�ov�a��g r�les ���� reg�I��iaA�s ;�y�i be �'o➢�o�ved �y �� �WW��ec�er C�flnp�nie� upa� arrival at t%e Auto �o�nd. l. Tlle ez�try gate �vv�ll not be bloclted by wreckErs waif�izg to enter oz exit the Auta P01111Cj. 2, No wrecker sl�all enter tha Ati�io Pound witi�z nnore than one (1) personloperator, unless authorized by tlle o�z duty shiik supervisor. This will be done on a case vy case vaszs. 3. For safety reaso�s, a Car Calrier wzl� be required to off Zoad their cargo when possible. Tlais sllal� be determ.ined by th� oaz d.uty supervisor. 4, xnventories should be Iia�.ldled in an expeditious inazu�er when possihle. Howe�rer, Auto Pott��d persoiz�.el are requued to c�o a co�nplete and precise u�.ventary of alI property and velucles. A sp�cific tinle frame wa�,ild b� impassible to institute. 5. 1'�Io wrecic�r drive�/operator wi11 assist witla arly i�ventory being canducted lay Auto PoLlnd personnel. . 6. Tl�e us� of Car Cai-riez-s, extra. ti�xle, extra equipnzent, etc., shha.11 be suUject to ap�roval by the Wrecl�er Adanulistratoz or Auta Pound S�.ipe�visar. 7. Wrecl�er drivers/operataxs/owners sliall i�e required to follow any.directiaiis or instructians given Uy A�,ito Pouud personnel. 8. Wreckar Compa.�y Owuers shail assist an�. coz�.iply wiih aa�y iuvestigation pei�farnied by Auta Pound persozinel ar the For� Warth Police Departmei�t in regards to iheir com�any, driver, opexator and oz business withot�t llesita.tion. 9. ViolatEons of any o� the above ru�es shall L�e stitUject to revievv Uy t�le V41recl�er Adinir�ist�•atar or Auta Pound Sup�rvisor. The Auta Pou�ld Su�et�visor or a I�igl7er le�tel of comina�ld m�y deten��ina disci}�l'ulary actian up to aizd i�zcfuduzg ten�ii�atioil of co�it�act. �i�y oj`' Fo�t �o�ih, �'exas � �� �rrt� a����i �����r���a���� � � DATE REFE�2EPdCE I�fUMB�R LOG NAME 4/81Q3 ��� ���� 35TOWS PAGE T Of � s���ECT � SUPPLEMENTAL APPR4PRIATION ORDINANCE AND CONTRAG7S FdR N�N- C�NSENT T(�WING OF WRECKED OR ABANDONED VEHICLES FROM MIJLTIPLE VEND�RS f�EQUIRED BY CITY ORDINAhICE FOR THE POLICE DEPARTMENT RECOMMEIVDATlON: I ft is r�commended that the Gity Council: 1. Authoriz� contracts for Police Department requested nan-conser�t towing of wrec�ec! or abandaned ' Wehicies fram multiple vend�rs as required by Section 34-181 af the Code a� the City of Fort Worth (� 986), as amended; and 2. Authorize the contracts to begirt April.8, ZDQ3, and expire Septem�aer 3Q, 2Q03, with options to renew far fo�r a�ditional one-year periods; and 3. Adopt the attached suppfemental appropriation ardinance increasing estimated rece�ipts and appropriations by $446,944 in #he General Fund from available funds. DfSCUSSION: Sectian 34-181 of the Cade of tf�e City of Fort Worth (198fi), as amended, required that a!I palice department, non-conse�r� taws, s�al! be undertaken pursuant to contract, specifically executed between the City and a wrecker company. The Pui�lic Safety Cammittee extensiUely reviewed the new rates and unanimously apprQved this recammendatioR on March 25, 2003. � � There are three types of contracts and rates as follows: •� Standard tow irucks ��ao � Tilt bed/rollbacl� tow trucks $��� •� Tandem tow tr�ucks ��sa Contracts will be executed w'rth any vendar desiring fio perform nan-consen# tows for the Polic� Department, if ihey meet the contract r�qu�r�ments such as towing operations being the vendors primary business, equipment specifications, insurarice, an�i a localfy licensed starage facitiiy. The fees far services to be provided and assignment to one of four zones are the same as contained by ' City Code. T�e est�mated expenditure for these services is $1.8 million per year including the , anticipafeci increase (af $446,944) fior the remainder of the fiscal year based an the revis�� rates. This ir�crease will be offset by revenue colfected as fees. RENEWAL QPTIONS - These cantracts may be renewed for up to faur successive ane-year, terms at the City's aption. This action daes not require specific City Council approval provided the City Counci! , �`i�y o�'�'o�t T�arthF T'exas ��y�r� a�n� ����;� ����rr�y�����r� �. � r� DATE RE�ERENCE NUMB�R LOG IVAME PAGE 418/�3 �-1 �544 � 3�TOW5 ` 2 af 2 , s�B��c�r SUPPLEMENTAL APPROPRlATf01� ORDINANGE AND CONTRACTS FOR NON- , CONSENT TOWING OF WRECKED QR ABANDONED VEHfCLES FROM MUL.TIPLE VENDORS REQUIRED BY CITY ORDWANCE FQR THE POLICE DEPARTMENT has appropriated sufficient funds �o satisfy the City's obligation during the renewal term. FISCAL INF�RMAT1aNICERTI�ICATICIN: The Finance Directar certifies that �pan app�a�al and campletian af the abav�e recommendations and the adoption of the attached supplem�ntal appra�riatian ordirrance, funds will be availak�le in the current aperating budget, as apprapriated, of the General Fund. LW:r Submitteci for City Manager"s Office by; Liblay Watsnn Originating Department Head: Ra1ph Mendoza AdditionaI Informatian Contact: Susan Afanis I FUND i ACC�ii1�TT I � (ta) � GGOi 53912Q � 6183 � GG01 f 4fi2624 � � � I 48386 782b2 (from) GG01 l 539120 C�N'TER f AMOLIIv'C � CITY �ECRETARY 0353403 I $446,944.Q0 � D3534.(l3 $446,944.D0 � � � APPROVED 04/b8/03 0353403 � $446,944.00 ORD.# 195i7 � � �