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HomeMy WebLinkAboutContract 28652i � � i CONTRACT FOR TOW TRUCK SERVIi�� ��������� �� iV�RACi i� . (TILT BEDIROLL BACK) WHEREAS, tne City of For� Warth occasiortally requires the services of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the City pf Fort Worth, NOW, THEREFQRE, KNOW ALL BY THESE PRESENTS: The City of Fo�t Warth, her�inafter referred fo as "City", acting herein by and through Lib�y Watson, its duly authorized Assistant City Manager, and and Hiqht Marine Product� Inc., dba Edds Towing, hereinafter referred to as "Company", actin� herein by and through Lance B. Hiqht, its duly authorized President, agree as follows: 1. SERVICES City hereby cantracts with Company to pravide 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 eith�r remove a wrecked or disabled vehicle or to remove a ve�icle in a saf� driving condition, but the owner is nat present, able or p�rmitt�d to drive or to make authar�zations. 2. TERM The initial term of this contract shalf expire on September 30, 2003. ln additian ta the initial term of this contract, there sha[I be four options to renew for terms of one year each, unless earlier terminated as hereinafter provided. Renewal shall accur upon City including in its budget for the options years 5uffiicient funds fio pay for its obligations hereunder and Comp�ny providing praof of insurance to City. . 3. COMPENSATION 3.1 Compensation. As com�ensation far providing the services contemplated by this Cantract, City agrees ta pay Company as fall�pw�,� -� , .��.t _ I � xl. ��I�g�� L�d�.. .� � T a} Tawaqe. A charge of one hundred twenfy five dallars ($125.00) for towing such vehicle from one point on a street to another location within the corporate limits of the city as dir�cted by the police officer at the place where �he tow originated; such charge includes one-ha{f hour of Extra Work. In the event Company responds to the scene af a pafice pull with a tilt bedlroll back truck when the �alice pull coufd have �een accomplished w�th a standard tow truck, Company shall b� entitl�d to th� r�duc�d charge of One hun�red doliars {$�Q0.00). l�) Second tow vehicle. ln the event the palice officer at the scene determines that a standard tow vehicle is required in addition #o the tilt bedlroll back truck, a charge of Or�e hundre� Dollars ($10a.00} per hour, with a minimum charge of ane hour, billed in increments of fifteen (15) minutes while at the scene of the pol�ce pull. A police supervisor shall a�prove the use of a second tow truck. Travel time is excluded. c} Exira work. An additional charge of �ne hundred dallars {$10a.D0) per hour, with a minimum charg� of one hour, charged in increments of fifteen (15} minutes, for removing vehicles that are off �1�e street right-of-way, such c�arge to be made from the fime the aperator begins to remove tl�e vehicfe until it is an the travel�d 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 locafed in some unusual condition wifhin the right-of-way, such as, but not limited to, a riv�r or a creek bed or a difch of greater �epth than the ordinary bar ditch. Extra work shall only be allowed when author[zed by a police officer at the scene of th� pull. The charges for such extra work shall be re�iewed and approved by th� Auto Pound Wrecker Administrator. Extra work excludes travel time, waifing time, and clean-up time. d) Handlinq hazardous materials, When fhe cargo of any mator vehicle or trailer includes explosive, nucl�ar, radioactiv�, haza�dous or corrosive materials, as defined by the Environmental Protection Agency, Texas Deparim�nt of Transporta�ia�, ar the Texas Cammission on Environmental Quality, a fee equal to one hundred-fifty (150) percent of the char�es Til[ Wrecker 2 Page 2 0l' ] 2 permitted under subparagrapY� "a" abave. In addition, a charge may be made for expense;s incurred relaf�d to protective clothing and any other supplies or equipment used in handling such materia{s, such charge being equal to the actual amounts incurr�d plus fifteen (15} percent. e) Nothing contained herein shall be canstrue� sa as to obligate City to expend any sums of money except for work actually performed. Furt�er, nothing cantained herein shall be construed so as to guarantee that City will contact Compa�y far any towin� service conterr7plated by this Contract. 3.2 InvoicEnq and Payment. Company shall Invoice City once per month. Campany sh�ll include with the invoice such documents as may be reasonably requested to provide evidence of the services provided to the City, which ai a minimum shall include copies af tne wrecker se�ection form signed by the officer at th� scene of fhe police puil andlor �ersonnel at the Fort Worth Auto Pound. Such invoice shall be subject to the review and appro�al ofi appropriate City personnel. City shall remit payment to Compar�y not more fhan tnirty (30} days following approval af invoice. 3.3 Compensation Review. City shall r�view on an annual basis the campensation provided for hereunder, with the first such review to be conducted during the manth of August 2003. Similar reviews shall occur in A�gust of each succeeding year that th�s confracf is in effect. City shall make adjustmer�ts in the compensation based upon increases or decreases in the co�t of doing business, taking into consideration fuel, insurance, labar, and such other costs as may be relevant to the operation of a towing b�siness. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall ma]ntain at a!I times the fallowing veh[c[es and equipmen# in working condition: a} A minimum af one �1) tilt bedlroll back dual rear wheel wrecker rated at not Isss than 14,000 pounds gross vehicle weight. b) At a minimum, all wrec�c�rs shall be equipped with �he foUpwing equipment, which at al! times shall be maintained in working arder: "CIIC WreClceT 3 P�ge 3 Of 12 1) 2) 3) �} ) 5) 6) 7) 8) 9} 10) 11) 12) �3) 14) 15} Taw bar Towing lign�s Emergency overhead warnin� lights {red or amber color only) 5afety chain Fire extinguisE�er, A.B.C. Type Wr�cking bar Broam Ax Shovel Reflectors ar traffic cones Trash container Tw� way vaice ar computer communicatian between tow truck and Com�any dispatcher Backing warning signals Wheel chocks Traffic cones c) Each wrecker shall have the identifying markings required by the Texas Transportation Co�e, section fi42.Q02. In addition, eacf� wrecker shall provide Notice of Complaint Procedures fo the owner of a towed vehicle as outlined by th� T�;xas Depar�ment of Transportation Rules and RegUlations as contained in 43 Texas Administrativ� Code, Chapter 18, subchapter 18.89, as same may be amended from time ta time. d) Each tow truck and the requir�d equipment sha[I �e ir�spected by the Chief of Police or his authorized designee prior to b�ing used for services contemplated by this contract. fn addition, each tow truck and th� required e�uipment shall be subject to intermittent inspection to assure compliance with this contract. Till wrecker hage 4 Qf 12 4 r, 7 5. INSURANCE REQUIREMENTS Campany shall mainfain insurance of the following types and amounts from insurers acceptable to the City: 5.1 Commercial General Liabilify $500,000 each occurrence $500,Q00 aggregate or Garage Liabilify $500,000 each accident, other than auto $SQQ,D00 aggregate 5.2 Automobile Liabi[ity $SQQ,OOQ each accident, combined single limit This coverage shall include all �ehicles owned or non-owned that ar� operating under Company's operating aufhority. 5.3 CargolOn�Haol� $3p,000 per unit Coverage shall include both the unit being towed and ifs contents. Un�ts covered shall include but not be limited to motor vehicles, trailers and boats. Coverage shall be written on a dir�ct primary basis. 5.4 GARAGEK��P�R'S LIABI�ITY $30,a00 per unit 5.5 Worker's CompensationlAccident lnsurance Coverage shall meet the minimum requirements of state law as con- tained in the Motar Carrier Rules and Regulations, 5.6 Current insurance certificates shall remain on file with the City during th� term of this Contract. [nsurance coverage may, at the sole discretion of the Ciiy, be revised upward upon thirty (3D} days prior written notice to Company. Polici�s shall be endorsed as follows: Till Wre�ker 5 Page S af l2 a) The City, its officers, employees and servants shall be endorsed as an additianal insured on all policies except em�loyer's liability insurance co�erage under the workers' compensation insurance policy. �) Certificafes of insuranc� shall b� deliv�r�d to the supervisor of the City of For� Worth Auto Pound, 1301 E. Narthside Drive, Fort Worth, TX 7F102, prior to any work being performed ur�der this contract. c} Any failure on �art of the City to request required insurance documentation shall not cansfiitute a waiver ofi the insurance requireme�ts specified herein. d} Each insurance policy sha11 be endorsed to provide the City a minimum thirty days notice of cancellatian, nan-renewal, andlor material change in policy ferms or coverage. A ten days notice shall be acceptable i� fhe event of non-payment of premium. e} Insurers must be authorized to do business in the Sfate of Texas and have a current A.M. Best rating of A: VII or equiv�alent measure of financial strength and solvency. f) Deductibla limits, or se�f-funded ret�ntion limits, on each poiicy must not exceed $10,000.00 per occurrence unless otherwise appro�ed by the City. g} Other than worker's compensatian insurance, in lieu of traditional insurance, City may cor�sider alternative coverage or rislc treatment measures through insurance pools or risk retention graups. The City must approve in writing any afternative coverage. F�) Warkers' campensation insurance policy(s) covering employees shall be endorsed witi� a waiver of subr�gafion providing rights of recovery in favor of the City. i} City shall not be responsible for ihe direct payment of insurance �remium costs. j} Insurance policies shall each be endorsed to provide that such insurance is primary profection and any seff-fUnded or commercial coverage maintain�d �y City shall not be callsd upon to contribute to loss recov�ry. Tilt Wrccl<cr ]'age G oF l2 �7 i ' : DUTI�S AND RESPONSIBILITIES 4F COMPANY k) Corr�pany shall report, in a timely manner, to City's officially designated contract administrator any knawn loss occurrence which coufd give rise to a liability elaim or lawsuit or which could result in a property loss. I) Campany's liability shall not be limifed ta the specified amounts of ir�surance required herein. m) Upon fhe request of City, Company shall pra�ide complete copies of all insUrance policies required by these contract documents. 5.7 In the event a state or federal law, rule or regulatio� pertaining to wrecker service companies operating wit�in the State of Texas exceed insurar�ce requirements s�ecified herein, such state or federal law, rule ar regulation shall prevail for the respective ty�e of insurance coverage andlar limit thereof. Company, d�ring the term of this contract, shall perfarm the follawing duties and have ihe following responsibilities: a) Maintain as its primary business th�: towing of vehicles or trailers by wreckers meeting the requirements of para�raphs 4(a) and 4(b} abo��. "Primary business° shal{ mean that Company receives more than fifty per- cent (50%) of it gross revenues fram the towing of vehicles and trailers. All of company's recards shall be o�en 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 sto�age facility lacated within the corporate limits of tne City. "V�hicle storage #acility" shall mean a facility operated by a person under Article 6687-9a, Revised Stafut�s. c) Mainfain business operation twenty-four (2�) E�ours a day, seven days �er we�k. d) Respond to all calls contemplated by this contract within thirty (3D) minufes of notification, except in extraardinary situations where delay is caused by ic�, snow, or ofh�r weather related conditions. In the event Com�any fails to 'filt Wredcer Page7 of [2 7 � � respond as required, City may notify another wrecker company and Company shall nof be enti�led to the compensation to which it would have been entitled had it arr�ved timely. e) Maintain on file with the City the name of the owner, president or chief executive officer, business address and felephone number; further Company shall natify the Ciiy of any c�ange of ownership, president or chief execufive officer, ar change of address within five (5) business days of any such change. f) Deliver th� motor vehicls being towed to the location within the corporat� limits of City �esignat�d by the pofice afficer at the scer�e of the pull. Delivery shall be made wifhout d�lay or detour. g) Fully cooperate with any investigation conducted by the City regarding comp[aints a�ainst Company, whether or not such comp[aints arise aut of servic�s eontemplated by this Contract. h) 5hall not became delinquent in the paymenf of any taxes du� to City, i) Shall nat go to any accidenf scene unless the Company ha� been called ta the scene by the owner or operatflr of a vehicle or an authorized representative of same, or by the City. j) Completely remo�e all debris r�sufting from any accident to which the Company is responding. Removal of debris shall not be considered complete by mer�ly sweeping it to the curbline. k) 5hall not solicit any wrecker business within the corporate limits of Gity at the scene of a wrecke� or disabled v�hicle, regard[ess of whether the solicitation is for fhe purpose of so[iciting the business of towing, repairing, wrecking, storing, trading, ar purchasing the vehicle. l) Shall only empfoy driv�rs of tow trucks authorized to operate same. m)Provide the Police Pound personnel with an ir►voice at the time the vehide is d�livered ta th� Auta Pound fogether with tt�e signed wrecker selectian farm to b� provided. Tilt Wrecker Pa�e 8 01' l2 0 � � �� TERMINATIDN AND SUSPENSION 7.1 This contract may be terminated or suspended by the City for any of the fiollowing causes: a) Violation of any term or condition specified in this contract. b} Failure to notify the Communications Division of the Police Department within fifte�n �15} minutes from th� tim� of notification if the Company will be unable to respond within tne thir�y (30) minut�s allotted for a response to a wr�cker call. c) Permitting a tow truck fo be o�erated by anyone while under the influence of alcohol andlor drugs. d) Permitting a tov� 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 acfing in their capacify as employees of Company, whether occurring durin� a police pull or otherwise. g) Any sustained complaint of threa�s made by personnel of #he Company while acfing in their capacity as employ�es of Company made against fhird parties during a police pull or otherwise. h) Failing to comply with all directions of police personne! ai th� scene af a police pul[ or civilian or �ofice 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 ar federal law ar 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. Till Wrecicer P�ge 9 pf 12 0 � • k) Ten (1 d) passes within a t�irky (30) day period. Pass in this paragraph shall m�an a Company not�fying the City of its inabilify to respond to a request for service as required by paragraph 2 above. I) Viofation of any rule or regulation contained in Exhibit "A" at�ached hereto. 7.2 City shall notify Campany in writing of its intent to terminate or suspend for cause twenty (20) days prior to such suspension or termination. Gomp�ny shall have the right to request a hearing before the Chi�f o� Pofice or his designee regarding the intent ta terminate or sus�end 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 fif�een (15) days of the request for hearing. The City, in its so�e discretion, may temporarily suspend this contract �uring any appeals process. 7.3 In t�e event this contract is suspended for cause, the suspension shall �e for a period of time of not less than six (6) months nor more fhan tw�lve (12) mor�ths. 7.� In the event City suspends or terminates this contract far cause, and the cause for such suspension or termination is determined to be invafi�, Company's sole remedy shall be �einstatement of this contract. Company expressly waives any and all rights io monetary damages, including �ut not limited fo actual and punitive damages, court costs and attorney's �ees. S. INDEMNIFICATION With regard to any liability which might arise hereunder, City and Customer agree fhat they sha{l be salely and excl�asively liable for the ne�ligence of its own agents, servants, subcontractors and em��ayees and that neither par�y shall look ta the other party to sav� or hold it harmless for tne consequences of any negligence on the part of one of its own agent, servant, subcontractor or employee. Nothing contained herein shall be canstrued to be a waiver by City of any right of protecfion that it enjoys �ander applicable State or Fe�aral law. Tilt Wrecker I'age Ifl of 12 �Q r. Q ASSIGNMENT Company shall not assign, transfer or su�let this Contrac# or any portion hereaf ta 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 shal! operate as a termination �ereof. �0. ZONES AND R�TATION LIST A. City shall divide the city into four (4) zones that shall corr�spond to the four (4) patrol divisions, Company shall be assigned to th_e zone or an adjacent zone in which it maintains its principal place of business. B. C�ty shall create a rotation list withir� each of the four (4} zones that will dictate the order in which wrecker compar�ies are contacted. C. City may request Company to conduct a poliee pull within any zon�, and Company agrees to use its best efforts ta arrive at the scene of the polic� pull within thirty (3fl) minutes. 11. INDEPENDENT CONTRACTOR It is und�rstood and agreed by the parties hereto tnat Company shall perform all work and s�rvic�s heretander as ar� inde�endent 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 perForm�d hercund�r, 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, subcantractors, licensees and invitees. The doctrine of respondeat superior shall nof 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 venfure betw�een the parties hereto, In witness where f the par�ies hereto have executed this Contract on the I 3�� a�y a� _, 20�3. . Till Wrecker Page I 1 of 12 I1 ATTES7�: — � ,{ � - ' . f�G� L-.�,- ; � � ., G�loria Pears�n City Secretary CITY �F'FORT WQ1�fH ' �. Bw ,,�; �� _. .�ibby 11�'�son Assistant City Manager APPROVED AS T� �ORM AND LEGALITY '�_�._ Assisfant City Attorney ATTEST: Corporate Secretary 'I'ilt Wrecl<er ���� ia or iz J ��� �� -�-._.�,, :;,,ntr� t Authvrix�tian �� � � � .,._.� . � � >� --�-----�-� : I '�. k;: Hiahi Marine Producis Inc., dba Edds Towinq (Compan ame) By: La e B. Hight, Presid nt �2 � �_�_ � � ` N. �1 ����;}u:�l ��t���t���:� ��,� `������� � ��, ��L�o �x�r��r� �. AiJ�'O POLT�d]� Tl�e follawing rules nnd i•eguiatians wi11 be followed by ALL Wrecker Comp�nies upo�i arrival at tlie Auto Pound. 1. The entry gat� vc+ill not be blociced by wrecicers waiting to enter or exit the Auto Pot��ld, 2. No wrecker sllall eiltez- the Auto Pound with ir�ore thail one (1) person/o�erator, ui�less aiitllorized Uy the oil duty shift supeivisor. This will be done on a case by case Gasis. 3. For safety re�sons, a Car Carrier will be reqLuired to off load their car�o wl�en possiUle, This shall be detei-�nined by the on duty supervisor. 4, Iiiventories sl�ould be handied in an expeditious manzle�- wlien passible. However, Auto Pouz�d persoiulel are req�.iired to do a complete aild �recise inventoiy of alI property and vehicles. A specific tin�e fraine would be impossible ta institute. 5. No wrecker driver/operator will assisi with any uiventory being canducted by A«to Pound perso�7i�e1. 6. The us� of Car Carri�rs, extra time, exira equipinei�t, efc., shall be subject to approvaj Uy tl�e Wrecl��r Administrator or Auto Pol�nd Supervisor. 7. Wrecicer clrivers/operators/owiiers shall be req�ired to follow a�1y directions ar i��structions give�� by Auto Pound persaiu�el. $, �7recicer Company Owners shall assist and comply wi�h a�iy investigation perfornled by Auto Pound persoru�el or tl�e Fort �7L1orth Poliee Department in i,ega�-ds fio their campany, driuer, operator and or business without hesitation. 9. Violations of any of the above rules shall be sul�jeci to review by tlie Vi�recicer Adiliinistrator or Auto Potulc� Super�isor. TI�e A�,ito POillld SlI�eYV1501' or a l�igher level of corrr�nand may detei•mine disciplinary actioil up to and ineluding terinination of coilti-act. �`ity of ' �ori �o�th, T'eacr�s ���� ��d ��u�c�i� �,�����������n DATE REFERENCE NUMBER LOG NAME PAGE 418/03 �o� g��� 35TOWS � 1 of 2 SUBJECT SLJPPLEMENTAL APPROPRIATION ORDINANCE AND C4NTRACTS FOR NON- CONSEIVT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORD�NANCE F�R THE POLICE DEPARTMENT RECOMMENDATION: it is recornmended that the City Council: �. Auth.arize contracts for Police Department requested non-cansent towing of wrecked or abar�doned vehicles fram. multiple vendars as required �by.Sectia�n 34-1-89 of the Code of the City af Fart WortF� {1986), as amended; and 2. Aut�orize the contracts to begin April 8, 20Q3, and expire Septem�er 3a, 2003, with optior�s to rer�ew for faur addifional ane-year periods; and 3. Adopt the attached suppl�mental appropriation ordinance increasing estimated receipts and appropriations by $446,944 in the General Fund from a�ailable funds. DfSCUSSI4N: Section 34-181 of the Code af the City of Fort Worth (1986), as amended, required that all {�ofice department, non-consent tows, shall be undertaken pursuant ta contract, specifically executed between the City and a wrecker campany. The Public Safety Committee extensively reviewed the new rates and unanimously approved fhis recammen�aiion an March 25, 20Q3. There are �hree types of contracts and rates as follows: • Standard tow trucks $10a • Tilt bedlrollbac� #ow trucks $125 � Tandem tawtrucks $�80 Contracts will be executed with any vEndor desiring to perForm non-cons�nt tows for the I'al�ce Departmeni, if they meet the contract requirements such as towing operatians being the vendors primary busin�ss, equipment specificatic�ns, insurance, and a locally licensed storage facility. Th� fees for �ervices to be provided and assignment to one of four zones are fhe same as contained by City Code. The estimated expenditure for th�se S�NiC@5 is $1.8 millio� per year including the anticipat�d incr�ase (of $446,944) for the remainder of the fiscal year based or� the revised rates. This increase will be ofFset by re�enue collected as fees. RENEWAL OPTIONS - These contracts may be renewed for up to four suecessive one-year terms at �h� City's option. This action does nat require specific City Co�ncil approval provided ihe City CauncFl �ity of ' �o�t i�ort�t, T'exas � �� �n� �i����l �r�r����c�t7�r� � � � '� � DATE R�F'�1�ENCE NUMBER LOG NAME F'AGE 4/8103 �m� �544 � 35TOW5 � 2 of 2 �llBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FaR N�N- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VEND�RS REQIJIR�D BY ClTY ORDWANCE FOR THE P�L.ICE DEPARTMENT has appropriated sufficient funds to sat�sfjr the City's obligation during the renewal term. FISCAL INFORMATIONICERTIF'ICATION: T�e �inance Director certifies that upan appro�al and completion of the aba�e recommendations and the adoption of the attached su�plemental appr�pr�ation nrdinance, funds will be a�ailable in the current aperating budget, as appropriated, of the General Fund. LW:r Su6mitted for City Manager's Office 6y: � �'UND � (to) � GG01 6183 � GG�1 � 483$6 I (from) GG01 � 78262 I ACCOUNT I CER'TER 539420 0353443 462624 03534�3 AMOUNT $448,944.Q0 � $446,944.00 � Libby Watson Originating Department Head: Ralpli Mendaza Addiiional Information Contact: Susan Alanis CITY SECRETARY � APYI20VED 44I08/03 539120 03534�3 $446,944.00 � ORD.# 15517 � . CI f