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HomeMy WebLinkAboutContract 28650. � ��N�� ��r � ����J�'O CONTRACT FOR TOW TRUCK SERVICE (TANDEM AXLE) WHEREAS, the City af Fort Worth occasionally requires the services of tow trucks; and WHEREAS, sUch tow truck services ar� necessary to protect the safety of the citizens of the C�ty af For� Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", act�ng nerein by and ti�rough Libby Watson, its duly authorize� Assistant City Manager, and WHW Trans�ort lnc. d�a Cornish Wrecker Service, hereinafter referred to as "Company", acting herein by and through Curt Clothier, its duly authorize� Vice President, agree as follows: 1. SERVICES City hereby confracts witn Company to provide police pull tawing service. A� used herein, "police pull" sha[I mean that the Fprt Worth Police Department has �alled Company from the rotation list to either remove a wrecked ar disabled vehicle or to remove a vehicle in a safe �riving conditian, but the ow�er is not preser�t, able or permitted to drive or to make authorizations. 2. TERM The inifial ferm of this contract shall expire on September 30, 2003, In addition to the initial t�rm of this contract, there shall be four options to renew for terms of one year each, unless earlier t�rminated as hereinafter providecl. Renewaf shail occur upon City including in its budget for the options years sufficient funds to pay for its obligations here�nder and Company providing proofi of insurance to Cify. 3. COMPENSATION AND PAYMENT 3.1 Compensation. As compensation for pro�idina��he_ �n irP� confempfated by this Contract, City agrees to pay Com���i�i �'�1�bll���. }� , I � �I y 1 �'r V VM1: � . , .I V ' r a) Towaqe. A charge of One i�undred eighty Dolfars ($180.00) per hour for fowing such vehicle from one ppint an a street to anather locatia� within the corporate limits af the city as directed by fh� �olic� de�artment at the place where the tow originated. The minimum charg� shall be for one hour; after the first hour, time snal� be billed far in increments of fifteen �15) minutes, at a charge of �45.OQ per increment. b) Second tandem axle taw truck. In the event the police officer at the scene d�termines that a second fandem axle fow truck is required, a charge of One Hundred eighty dollars �$980.00) p�r hour billed in increments of fifteen (15) minutes while at the scene of the police pull, with a minimum charge for one hour, at a charge of $45.00 per increment. Travef time is excluded. c} R�imbursables. In the �vent Company is required fo rent equipment or oth�r mat�rials specifically related to a police �u[I as directed in writing by a police supervisor at the scene, Company sha11 be reimbursed the actual cost incurred plus fiftaen percent �15%). Charges under this subparagraph are sub�ecf ta the review and approval of�a police supervisor. d) Extra �elp. An additional charge of twenty dol[ars ($20.OQ) �er man p�r hour, with a minimum charge af four {4) hours, when authorized in writing by a police supervisor at f�� sc�n� of the police pull. e) Air cush�or�s. 1.} Regular cushi�ns - A charge of one hundred-fifty dollars ($150.0�) per hour per cushion, with a minimum charge of one hour. After the first haur bi[ling shal! be in increments of fifteen (�5) minutes. 2.} Tanker cushions - A charge of four hundred dollars ($400.00) per hour per cushion. After the first hour billing sha[I be in increments of fifteen (15) minutes. 1'andem Wrecker Page2of12 2 3.) Prior approval by a police su�ervisor at the scene of a pofice puil is required for the use of air cushions. f} Handlina hazardau5 materia[s. When the cargo of any motor vehicle or trailer includes explosive, nuclear, ra�iaactive, hazardous or corrosive materials, as defined by t�e Environmental Protect�on Agency, Texas Depar�ment of Transportatiort, or the Texas Natural Commission on Environmental Quality, a fee equal to one hundred-fifty (150) �ercent af the c�arges incurred under subparagraph "a"' abov�. g) Tractor, hvdraUlic tilttail, iowbov, other specialized eauipment. A charge of ar�e hundred eighty dollars ($180.OQ) per hour, billed in increments of fifteen (15} minutes, with each increm�nt b�ing cE�arged as $45.00 per increment, as authorized in writing by a palice supervisar at the scene of the police pu.11. The police supervisor shall sign the wrecker selection form. h) Nothing contained her�in shall be construed so as to obligate City to expend any sums of money except for services actually rendered. Further, nothing cantained herein shal! be eonstrued so as ta guarantee to Company that City will contact Company for any towing services contemplated by this Contract. 3.2 Invaicinp and Pavment. Company shall Invace City once per month. Company shall include with the invoice such documents as may be reasonably requested to provide evidence nf the services provided to the City, which at a minimum s�all incl�de co�ies of the wrecker selection form signed by the officer at the scene of the police pull andlor personnel at the Fort Worth Auto Pound. Such invoic� shall be subject to the re�iew and appro�al of appropriate City personnel. City shail r�mit payment to Company not more than thirty (30} days following approval of invoice. 3,3 Compensation Review. City shall review on an ann�aal basis the compensation provided for hereunder, with the first such review to be conducted during the month of August 2003. Similar r�views sha[I occur in Au�ust of each succeeding year that this contract is �n effect. C�ty shall make adjustments in the Tandcin Wrecicer 3 Page 3 of 12 compensation based upon increases or decreases in the cost of doing business, taking into cansideratian fuel, insurance, labor, and such other costs as may be relevant to the op�ration of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at a11 times the following ��hicles and equipment in working condition; a) A minimum af one (1) tandem axle (neavy duty} wrecker rated at not less than 26,000 gross vehicle weight, equipped with a power winch and winch lines with a boom raf�d at not less than aO,�DD pound lifit capacity. b) At a minimum, al1 wreckers shall be equipped with the following eguipment, which at ali times shall be maintained ir� working order: 1) Tov� bar 2) Towing lights 3) Emergency overhead warning lights (red nr amber co[or only} 4) Safety chain 5} F�ire exfinguisher, A. B. C. type 6} Wrecking bar 7) Braom 8) Ax 9) Shove! 1 a) Reflectors or traffic cones 11) Trash cantainer 12) Two way vaice ar computer communication between #ow truck and Campany �ispafcher 13) Backing warning signal �4) Wheel ehacks 15) Traffic cones c) Each wrecker shall have the identifying markings required by the Texas Transportation Code, section 642.002. ln addition, each wrecker shall pro�ide Notice of Complaint Procedures to the owner of a towed �ehicle as outlined by Tandem Wrecker 4 1'ago 4 0l� ] 2 5. 1NSURANCE REQUIREMENTS Company shall maintain insurance fram insurers acceptable to City in the the Texas De�ar�ment af Transportation Rules and R�gulations as contained in 43 T�xas A�ministrative Code, Chapter 1 S, subchapter 18.89, as same may be amended from time to time. d) Each tow truck and the required equipment shal[ be inspected by the Chief of Palice or his authorized designee priar to being used for services contemplafed by this contract. ln addition, each tow truck and the req�ired equipment shall be subject to intermittent inspection to ass�tre�comptiance with this contract. �allowing types and amaunts: 5.1 Commercial Genera[ �iabi[ity $1,�Oa,QOa each accurrence $1,aaa,00Q aggre�at� or Garage �iability $1,000,000 each accident, other than auto $1,000,000 aggrega#e �.2 AUtomobile �.iability $1,00O,OOQ each aecident, combined single limit This coverage shall include all vehicles owned or non-owne� that are aperat�ng under Company's operating authority. 5.3 Cargol�n-Hook $5Q,OOQ per unit Coverage shall include both the unit being fowed and its contents. Units covered shall include buf not be limifed to motor vehicles, trailers and �aais. Coverage shall be written on a direct primary basis. 5.� CARAG�K��PER'S LI�,�ILITY $50,Q00 per unit 5.5 Wor�er's CompensationlAccident lnsuranc� Tandcm Wrecl<cr Page 5 oi' lz 5 Coverage shall meet the minimum requirements o� sfate law as contained in th� Motor Carrier Rules and Regulations. 5.6 Curr�nt insurance certificat�s shall remain on file with the City during the term of this Contract. Insurance covera�es may, at fhe sole discretion of the City, be revised upward upan thirky �30) days prior written notice to Company. Palicies shall be endorsed as follows: a} The Cify, its officers, employees and servants shall �e endorsed as an additional insured on all palicies exce�� employer's liability insurance caverage under the workers' campensation insurance policy. b) Certificates of insurance shall b� d�livered to the supervisor of the City of Fort Worth Auto Pound, 13Q1 E. Northside Drive, Fort Worth, TX 76�02, prior to any work being performed under this contracf. c) Any failure on part af the City ta request required insurance documenta�ion shall not constitute a waiver of the insurance requirements specified herein. d} Each i�suranee �olicy shall be endorsed to provide the City a minimum thirty days notice af cancaElafian, non-renewal, andlor material cnange in policy t�rms or coverage. A ten days notic� shall be acceptable in the ev�nt of non�payment of premium. �) Insurers must be autharized ta da business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial st�ength and solvency. f) Deductible limits, or self-funded retention limits, on each policy m�ast not exceed $10,��0.00 per occurrence unless otherwise appraved by the Clty. g) Qther than warker's compensation ir�surance, in lisu of fraditional insurance, Ci#y may consider alternaiive coverage ar risk t�eatment measures through insurance popls or risk retention graups. The City must approve in writing any alternative coverage. h} City shal! not be responsible for the direct payment of ir�surance premium costs. 'fandem Wrecker Pa�e G of 12 i i} Insurance policies shalf each be endorsed to provide that such insurance is primary p�otection and any self-funded or comm�rcial coverage maintained 6y City shall not be calle� upon to contribute to loss recovery. j} Company shall repart, in a timely manner, to City's officially designated contract administrator any l�nown loss occurrence which could g�ve rise to a liability claim or lawsuif or which could result in a pro�erty loss. k) Company's liability snall not be limited to the specified amounts of insurance required herein. I) Upan #he request of City, Company shall provi�e complete copies af 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 r�c�uir�ments specified herein, such state o� federal law, rule or regu[afion shall prevail for the resp�ctive ty�e of insuranee coverage andlor limit thereof. 6, DUTIES AND RESP4NSIBILITIES OF COMPANY Campany, during t�e t�rm of this contrac�, shall perform the foflowing duties and hava the following responsi�ilities: a} Maintain as its primary busines� the tawing of vehicles or trailers by wreckers meeting the requiremer�ts of paragraphs 4(a) and 4(b) above. "Primary busin�ss" shall mean that Company receiv�s more than fifty per- cent (50%) of it gross revenues from the towing of vehicl�s and trailers. Al! of company's reco�ds shall .be open to reasonabl� inspectian, bath at the time of ex�cutian of this agreement and at any time during the ierm hereof, to verify compliance with fihis condition. b) Maintain a currently licensed vehicle storage facility located within the corporate limits nf th� Cify. "Vehicle storage facifity" shall mean a facility operated by a person licensed under Article 6687-9a, Revised Statutes. c) Maintain �usiness operation twenty-faur (24) hours a day, sev�n days �er week. Tandem Wr�cker 7 Pagc 7 of 12 d) Respond to all calls contemplated by this contract within forty-five (45} minu#es of notificatian, except in extraordinary situations whe�e delay is caused by ice, snow or other weather related conditions. In the event Company fails to respond as required, City may noti�fy ano#her 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 executi�e officer, busin�ss address and telephone number; furth�r, Company shall notify the City of any change of ownersh�p, president or chief executive officer, or change of address within f�ve (5) business days of any such change. f) Del��er 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, whefher ar not such camplaints arise out af services cantemplated by this Contract. h) Shall not become delinquent in the payment af any taxes due to City. i} Shall not go to any accident scene unl�;ss the Company has been called to the sc�ne by the owner or operator of a �ehicle or an authorized repres�ntative of same, or by the City. j) Com�letely remove all debris resulting from any accident to which the Company is responding. Removal of debris s�tall no# �e considered complete by merely sweeping it to t�te curbline. k} Shall not solicit any wrecker business within the corporate limits of City at the scene of a wrecked flr disabled vehicle, regardless �f whether the solicitation is for the p�rpose of soliciting the business of towing, repairing, wrecking, storing, frading, or purchasing the vehicfe. hj Shall only employ drivers of taw truc�Cs authorized to operate sam�. 'fandcm Wrecke3� Paoe 8 of I 2 : i} Provide Police Auto PoUnd personnel with an invoice at the time the towed vehicle is delivered to the Pound together with a signed wrecker selection form provided by the �aiice officer or supervisor at the scene of the palice pull. 7. TERMINATIDN �R SIJSPENSION 7.�. This contract may be terminated or sus�ended by City for any of the following causes: a) Violafion of any term andlor candition specified in this cantract. b) Failure to notifiy the Communicafions Division of the Police Departmenf within fifteen (15} minutes from the time of notification if the Cam�any will be unable to respond within the forty�five (45) minutes allotted for a response to a wrecker call. c) Permitting a tow truck io be operated by anyone whiie under the influsnce af afcohal andlar drugs. d) Permitting a faw 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 whi�e acting in their capacity as emplayees of Company, whether occurring during a poEice pull or otherwise. g) Any sustained complaint of thr�ais made by personnel of the Com�any while acting in their capacity as employees of Com�any made against third parties during a police pull or ot�erwise. h) Failing ta camply with alf directions of police personnel at th� scene of a police pull or ci�ilian or police personn�l at the Police AUto Pound. Company may reguest a polic� supervisor to validate any such direction gi�en. i} FaiEure to comply with any state or federal law or city ordinance related to the operation of a wrecker campany. Tandem Wreckcr Pabc 9 ul' l2 � j) Five (5) passes witnin a t�irty (30) day period. Pass in this paragraph sha[I mean Company failing to notify the City of its ina�iiity to respand to a request for service as required by paragraph 2 above. k) Ten (10} pass�s within a thirty (3fl) day period. Pass in this paragraph shall mean a Com�any notifying the City of its inability to respon� to a request for service as required by paragraph 2 above. I) Violation of any rule or regulation contained in Exhibit "A" attached hereto. 7.2 City shal! notify Campany in writing of its intent to terminate or suspend for cause twenty (20) days prior to such suspension or termination. Company shall have the rig�t to request a hearing before the Chief of Police or his designe� regarding the irttent fo terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of notice of irtfent to terminate or suspend. A hearing shall be conducted within fifteen (� 5) days of th� request for hearing. The City, in its sole discretion, may femporarily suspend t�is contract during any appeals process. 7.3 In the event t�is contract is suspended for cause, the suspension shall be for a period of time of nat less than six (6) months nor more than twelve (12} months. 7.4 In the event City suspends or terminates this cont�act far cause, an� the cause for such susp�nsion or t�rmination is determined to be invali�, Company's sole r�medy shall be reinstatement of this con�ract, 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 wi�ich might arise hereunder, City and Company agree that they sha�l be solely and exciusively liable for the negl3gence of its own agents, servants, su�contractars and employees and that r�eitner party sha�l look to the ofher party to save or hold it harmless for the conseguences of any negligence on the part of one of its own agent, servant, subcontractor or Tandein Wrecker 1 Q Page l O nf ! 2 employee. Nothing contained herein shall be construed to be a waiv�r �y City of any right of protection that it enjoys under appficable State or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any po�tion hereof to any party withaut the prior written consent of Cify that shall not be unreasonab�y. Any such assignment, transfer or subletting of this Contract shall �e vaid and shall operate as a termination hereof. 10. INDEPENDENT CONTRACTOR lt is understaod and agr�ed by th� parkies hereto that Company shall �erfarm all work and services hereunder as an independent contractor, and not as an officer, agent, servant ar employee af tE�e City. Company shafl have exclusive contral of and the �xclusive right to control �he d�taiis of tl�e work or service ta be performed hereunder, and alf persons performing same on behalf of Compar�y, and shall be solely respansible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shaf! 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 �oint vent�re b�tween the �arkies hereto. In witness wher of, the parties hereto have exeeuted this Contract on the �J�� d�y of , 200�. Tandem Wrecl<er Page l 1 of 12 11 ATTEST: ,• ti ; •, . . i� —� �' a Glaria Pearsa� Cify Secretary APPf�OVED AS TO F��RM AND LEGAL TY , . �. Assistant City Attorney ATTEST: Corporate Secretary CITY OF ��RT WOR�'H , , BY _ � _ _ •�l t' �l r ", — Libby Watson Assistant City Manager _� l�_�. �..�...�. Cc���x��i�ti' T�ii�Mo�: i����ora --__ � .��-����--�=_--_-� .. ���� WHW Transport lnc. dba Cornish Wrecker Service (Company Name� By: ��� ���� �—F Curt Clofihier, Vice President fµ � � �15���� •�������1� I ����� �������� �. "�:��,� ���, ���, Ta�idem Wrecker Page 12 nf l2 I2 ��..�.���� .� i-]ll�J�� ���1`V� T�e i�fl��v�r��g z-ules ��ad � e��l�t�io��s ��vi�1 be �o➢�o�edl �� �,L �r����r ���pann�s �apom ar� iva�l �t �I�e Ae�to �m�ncl, i. TIZe entry gate will not Ue b�ocked �y wrecicers waiti�ig io srlter or exit �11e Auta PoLu1d. 2. Na wrecker shall eiltea� fl�e Auto Paimd with inore �l1an oile (1} persoi�/aperator, unless authorized by the on duty �luft su��ervisor. Tlzis will be doue on a case by c�se bas?s. 3. For safety reasoais, a Car Cai77er will be required to off load tlieir cargo wl�en posszb�e. Tlus sha11 be detennined by the o� duty supeivisor. 4, �iiventories sliould Ue l�andled in a� expedifiotis inaxmer when pos�ibie. However, Auto Pour�d persoi�el are r�quued to do a complete and precise ii7ventory of al� prop�rt� aiid vel�.cles. A speci�ic time frame wauld Ue ii�posszble to iizstituie. 5. No vsnecicer driver/operatoz will assist �rif1-� ai�.y ulve�taiy �eing conducted �y Auio Poui�d persovnel. 6. Tl1e t�se of Car Cailiers, �xt�a �ime, extra equipment, etc,, sI1aI1 Ue subject to ap�zoval by tl�e Wrecicer Adazzi�ushator ar Aufo Potiuld Stii}�ervisar. 7. Wrecleer drive�slap�rators/owrters s�iall be requi�ed to follow aily directions or iilstructions given t�y Auto Poiu�d persoiu�.el. � S. Wrecicer Compa�.�y Owners shall assist anc� conxply with any investigation perfan�ed l�y ALito Pound �ersoiuiel or the For� Worth Police Departinent in regards to th�ir company, dilver, op�ratar art�. or business withotit hesitation. 9. Violatioils of aily o� the aUove i-ules s1�.aI1 be snbject to xeview by t11e Wrecker Adininistrator or Auto Pou�d Supe�visar. Tl�e Auto Pound Supeivisoz• or a fligl�er level of comi�aa.ld �ay detei7nine discipli�lary action tip to aiad includ'u1b t��.�lation of coil�iact. City of Fort Wor�h, T'exas �y�� ��c� ���r��;( ��rr�r�������y�r� DATE REFERENCE NUMBER LOG NAME PAGE 418103 ���[ 95,�e� 35TOWS 1 0# 2 suB,�Ec7 S[JPPLEMENTAL APPRQPRIATION ORDINANCE AND CONTRACTS FOR NON- GONSENT TOWING OF WRECKED OR ABANDONED VEHICLES F'ROM MIJLTIPLE VENDORS REQUIRED BY CITY �RDINANCE FOR THE POLICE DEPARTMENT __ R�COMMENDATION: It �s recommended that the Cify Council: Authorize contracts for Police Department requested non-consent towing of wrecked or abandoned �ehicles fram multiple vendors as required by 5�ction 34-181 of the Cade Qf the City of Fort Worth (1986), as amended; and 2. Authorize the contracts to begin Apri� 8, 2003, and expire September 30, 2003, with opfions to , ren�w �or four additional one-year perEods; and , 3. Adapt the attached supplemental appropriaiion ordinar�ce increasing estimated receipts and appropriations by $446,944 in the General Fund from a�ailable funds. DISCUSSION: Section 34-181 ofi fhe Cade o'f #he City af Fart War�h (198�), as amended, required thaf all police department, non-cansent tows, shall be under�aken pursuant to contract, specificafly exec�ted between the City and a wrecker company. The PubGc Safiety Committee extensir►ely re�ie►rv�d the new rates and unanimously approved this recommendatian on March 25, 20fl3. There a�re three types ot cantracts and rat�s as follows: � Standard tawtrucks $�OD � Tilt bedlrolibac� tow trucks $125 � Tar�dem tow trucks $18Q Contracts will �e executed wiih any vendor desiring to perForm non-cansent tows for the Police Departmenty k� fllE�l meet the contract requirements such as towing aperations being �he v�ndors primary business, equipment specificatEons, insurance, and a localiy licensed storage facility. The fees for services to be pro�ided and assignment to or�e of four zanes are tf�e same as cantained.by City Cade. The estimated expenditure for these services is $1.8 million per year including tf�� anticipated inGrease (of $446,944} for the remainc�er of the fiscal year based on the revised rates. This i�crease wili be offse� by re�enue collec�ed as fees. RENEWAL OPTIONS - These contracts may be renewed for up to four successi�e one-year terms at the City`s opiion. This actian does not require specific City Co�ncil approval provfded the City Couneil City of ' �'ort Wo�tlz, Texas ���� �nd (���r��� Q ���� c�n������r� DA1"� REFERENC� NIJMBER L�G €�IAME PAGE 4/81q3 �-� ���� 3�T�WS 2 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION �RDINANCE AND CaNTRACTS FOR NON- CONSENT TOWING OF WR�CK�D OR ABANDONED VEHICLES FROM MULTfPL� VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT has appropr�ated sufficient funds #o satis�fy the City's obligation during the renawal term. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that upon approval and campletian af the abo�e recommendations and the adoption af the attached supplemental ap�rc�priation ordinance, funds will be a�ailable in the current operafing �udget, as appropriated, of t1�e General Fund. LW:r Submitted for City Manager's Qt'�ce by: Libby Watson Originating Department Head: Ralph Mendoza Additional [nfarmxtion Contact: Susan Alanis � r<uNn � accouNT � � (to) I GG01 539120 6183 GG01 462624 � 48386 I (fram) I GG01 b39120 [ � 78262 I CE1VTCit � AMOUI�T 0353403 $446,944.Oa �353403 $446,944.00 0353403 $4�6,94�4.00 CITY S�CRETA[2Y APPROVED 04/08103 QRD.#� 15517