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HomeMy WebLinkAboutContract 28653r li CITY �����1�A���� / �� CONTRACT F'OR TOW TRUCK SERVIC�4NiRAC`i 6�fl � l0 (STANDARD SERVICE) � WHEREAS, the City of Far� Worth occasionally requires the services af tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety af the citizens of the City nf Fort Worth, NOW, THERE�ORE, KNOW ALL BY THESE PRESENTS: The City af Fort War�l�, hereinafter referred to as '"City", acting her�in by and thraugh L�b�y Watson, its duly auihorized Assistant City Manager, and H_ ight Marine Products Inc., dba Edds Towin�, hereinafter r�f�rred to as "Company", acting herein by and thraugh Lance B. Hiqht, its �uly authorized President, agree as follows: 1. SERVICES • Cify hereby contracts with Company fo provide police pull towing service. As used herein, "police pull" shall mean thai the Fart Worth Palice 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 t�e own�r is not present, able or permitte� to drive or to ma�ce authorizations. 2. TERM The initial �erm af th�s contract shall sxpir� on September 30, 2003. En addition to the initial term af this contract, there shal{ be four options ta renew far terms of one year each, ur�less ear�ier terminated as hereinafter provid�:d. R�newal shall occur upon City including in its budget for the options years sufficient funds ta pay for its obligations hereunder and Company pro�iding proofi . af �nsurance to City. 3. COMPENSATION 3.1 Campensation. As compensation for providing fhe s�rvices contem�lat�d by this Contract, City agree5 to pay Company as #ol�o?��, , � .:,�,, " 'u'` �•R�1-, ��:;� `'V�u' 41��� , z,.. � a} Towaae. A charge of One hundred Dallars ($100.0�) for towing such vehicle from one paint on a street to another locatian within the corporate limits of the city as directed by the police departm�nt at the place where the tow originated; �uch charge includes one-half hour of extra work. �) Second tow truck. In the event the police officer at the scene determines that a second taw truck is required, a charge of One hundred dallars � �$100.00) per ho�r, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene af the police pull. A police supervisor sha11 approve the use of a seeond tow truck. Travel time is excluded, c} Extra wark. An additionai charge of one F�undred dollar�s ($�OO.aO) per hour, with a minimum charge of one hour, charged in incremenfs af fifteen (1 �) minutes, for removing vehicl�s thaf' are off the s#reet right-of-way, such char�e to be ma�e from the time the operator b�gins fa remove the vc:nicle until it is on the trave�ed portion of the stre�t. Eve� ihougn the vehicl� is within the street right-of-way, an additional charge may be made if fhe vehicle is located in some unusual condition with�n 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 a1low�d when authorized by a palice officer at #he scene of the pu11. The charges for such extra work shall be r�viewed and approved by the Auto Pound Wr�cker Administrator. Extra work excludes travel tim�, waiting time and clean-up time. d} Use of a dollv. No additional fee sf�all be charged for the use of a dolly. e) Handlinq hazardous materials. Vllhen the cargo of any mofior vehicle or trailer includes explosive, nuclear, radioactEve, hazardous or cflrrosive materials, as detined by the Environmental Protection Agency, Texas D�partment of Transportation, or the Texas Commission on Environmental Quality, a fe� equal to one hundred-fifty (150} percer�t of the charges which may be a�sessed pursuant to subparagraph "a" above. In additian, a charge may be made for ex�enses incurred related to pratective clothing and any 5tandard 4Vrecke�• 2 nage 2 of ! 2 r other supplies or equipment used in han�ling suc� maferials, s�ach charge b�ing equal to the actual amounts incurred p�us fifteen (15} percent. f) Nothing contained herein shall �e canstrued so as to obligate City to expen� any sums ofi money. Further, nothing cantain�d herein shall be canstrued so as to guarantee ta Campany that City will contact Company for any towing services contemplafed by this Confract. 3.2 lnvoicinq and Pavment. Company shall Invoice City once per mo�th. Company shall include with the invoice s�ch dacuments as may be reasonably requesfed to provide evidence of the services provid�d to t�e City, which at a minimum shall includ� copies of the wr�cker selection form signed by the officer at the scene of the police pull andlor personnel at the Fort Worth Auto Pound. Such invoice shall be subject to the review ar�d appraval of appropriate City personnel. City shall remit payment to Gompany nat more than thirty (30) days following approval of invoice. 3.3 Compensation Review. Ciiy shall review on an annual basis �he compensation provided for her�under, with the firsf such review to be conducted during the month of August 2003. Similar reviews shal[ accur 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 cos� of doing business, taking into consid�ratian fuel, insur�nc�, labor, and such other costs as may be rele�ant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the fallowing vehicles and equipment in working condition: a} A minimum af two (2} wreckers, one af which shall be n�t less than 14,00� poUnds gross vehicle weight and one of which shall be not less than �0,040 �aunds gross vehicle weight, dual rear wheels, equipped with a hydraulic operated winch, winch lines, and a boom rafed at not less than 8,000 pound lift capacity and a wheel lift device rated at nof less than 2,500 pounds. 5tandard Wrccker Page 3 0l' 12 3 b) At a minimum, all wTeckers shall be equipped with fhe following equipment, which at all times shall be main�ained in working order: �) 2) 3) 4) 5} �) 7) 8) 9) 10) 1�) � 2) 13) ��) Tow bar Towing lights Emergency overi�ead warning Iights {red or amber color or�ly) 5afety chain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors or traffic cones Trash container Two way voice or computer communication between tow truck and Com�any dispatcher Backing warning signa[ Wneel chocks c) Eac� wrecker shall have the identifying markings reqt�ired by the Texas Transpor�ation Cod�, s�ction 6�2.D02. In addifian, each wrecker shall provide Notice of Complaint Proce�ures to the owner of a towed vehicle as outlEned by tne Texas Department of Transportation Rules and Regulations as contained in 43 Texas Administrafive Co�e, Cha�ter 9 8, subchapter 9 8.89, as same may be amended from time to time. d) Each tow trucK and the required equipment shall be inspected �y the Chief of Police or his authorized designee prior to being used for services con#emplafed by this contract. In addition, each tow fruck and the required equipment shall be subject to intermiitent inspection to assure compliance with this contract. 5ta3�dard W3•eaker 4 Pagc 4 0l' 12 1 5 �. INSURANCE REQUfREMENTS Company shall mainfain insurance from insurers accepfabl� to City of the following types and amounts: 5.1 Cammercial General �iabi[ity $50Q,a�0 each occurrence $500,000 aggregat� ar Garage Liabi[ity $500,000 �ach accident, other than auto $500,000 aggregate 5.2 Automobi[e Liability $500,000 each acci��nt, combined single limit This co�erage shafl include all vehicles owned or non-owned that are operating Under Com�any's operating autharity. 5.3 Cargol�n-Hoo� $30,000 per unit Coverage shall include both the unit being towed and its contents. llnits covered shall include but not be �imited to motor vehicles, trailers and boats. Coverage shall be writfen on a direct prkmary basis. 5.4 CARAG�KEEPER'S LIA�ILIiY $30,000 per unit 5.5 1Norker's CompensationlAccident [nsurance Coverage shall meet the minimum requirements of state law as con- tained in the Motor Carrier Rules and Regulatians. 5.6 Currenfi insurance certificates shall remain on file with the City during the term of fhis Contract. Insurance coverage may, at the sole discrefion of the City, be revised upward upon thirty (3Q) days prior written notice to Campany. Policies shall be endorsed as follows: Standard Wrecicer Page 5 nf l2 5 a) The City, its officers, �mploye�s and servants shall be endorsed as an additional insured on all policies except employer's liability ir�surance covera�e under the workers' campensation insurance policy. b) Certificates of insurance shall be deli�ered to the supervisor ofi the City of Fort Worth Aufio Pound, 134� E. Northside Drive, Fort Worth, TX 76102, pr�or to any work being performed under this contract. c) Any failure on part af t�e City to request required insurance documer�tation shall not constitut�; a waiv�r of th� insurance requirements specified herein. d} Each insurance policy shall be endorsed to provide the City a minimum thir�y days notice of cancellation, non-renewal, andlor 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 Stafe 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 [imits, on each poficy must not exceed $1 Q,OOO,OQ per occurrence unless otherwise approved by the City. g) Other than worker's com�ensation insurance, in lieu of traditional insurance, City may consider alternative co�erag� or risk ireatm�nf ineasures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. f�) Work�rs' campensatian insurance policy{s) co�ering employees shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i} City shall not be res�onsi�le for ihe direct payment of insurance premium COStS. j) Insurance palicies shall each be endorsed to provi�e that suci� insurance is primary protection and any seif-funded or commercial coverage maintained by City shall not be called upon to cor�iribute to loss reco�ery. Stantlard Wrecl<er Page 6 of 12 6 k) Company snall r�por�, in a timely mann�r, to City's officially designated contract administrator any known loss occurrence w�ich could giv� rise to a liability claim or lawsuit or which could result in a property loss. I) Campany's liability shall not be limited to the spec�fied amaU�fs of insurance required herein. m) Upon the request of City, Company shali �ravide 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 �vrecker service companies operating within the Sta�e of Texas exceed insurance requirements specified herein, such state or federal law, rule ar regulation shall prevail for fhe respecti�e type of insurance coverage andlar limit thereof. 6. DUTIES AND RESPONSIBILITIES �F COMPANY Company, during the term af this contracf, shall perform the foUowing duties and have the followir�g responsibilities: a} Maintain as its primary business the tawing of vehicles or trailers by wr�ck�rs meeting the requirements of paragraphs 4(a) and 4�b) above. "Primary �usiness" shall mean that Campa�y recei�es more than fifty per-cent (5Q%) of it gross r�v�nues from the towing of �ehicles and trailers. All of company's records shall be open to reasona�le inspection, both at the time of exec�tion of fhis agreement and at any time during the term hereof, to verify compliance with this conditian. b) Maintain a currently ficer�sed vehicle storage facility located within the corporate limits of the City. "Vehic{e s�orage facility" shall mean a facilify operated by a person licensed under Ar�icle 6687-9a, Re�is�d Statutes. c) Maintain business operation iwenty-four �24} hours a day, seven days p€;r week. d} Respond to a[1 calls contemplated by this contract within tnirty {30) minutes of notification, �xcept in extraordinary situations where de[ay is caused by ice, snow or other weather related conditions. In the event Company fails to respond as required, City may natify another wrecker company and Com�any 3tandard Wrecker 7 Page 7 of l2 shall not be entitled to the compensation to which it would ha�e been entitled had it arrived timely. e) Maintain on file with the City the name of the own�r, president or chief executive offic�r, busin�ss address, and tefephon� number; further, Company shall notify the City of any change of ownership, president or chief executive officer, or ci�ange of address within five {5} business �ays of any such cf�ange, f) Deliver the motar �ehicle being towed to the location within the corporate limits of City designated by the police officer at fhe scene of the pull. Delivery shall be made without delay or detour. g) Fully coo�erate 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 �ayment of any faxes due to City. i} Shall not go to any accident scene unless the Company has been called to the scene by the ow�er or aperator of a vehicle or an authorized representativ� of same, or by the City. j) Completely remove all debris resulting from any accid�;nf to which the Campany is responding. Removal of de�ris shalf nof be considered complete by merely sweeping it to the curbline. k} Shall not salicit any wrec�Cer business within the corporate limits of City at the scene of a wrecked or disabled vehicle, regardless of whether the salicitation is for the purpose of soliciting the business of towin�, repairing, wrecking, storing, trading, or purchasing the vehicle. I) Shall only employ dri�ers of tow trucks authorized to operate same. m) Provide the Police Paund personnel with an invoice af the time the �ehicle is delivered to the Aut� Pound tagether with the signed wrecker selection form to be provi�ed. 7. TERMINATION AND SUSPENSION 7.1 This contract may be terminated or suspend�d �y City for any af the following causes: Standard Wrecker � l'age 3 0l' l2 a} Violation of any term andlor con�ition specified in this contract. �} Failure to notifiy the Communications Division of the Police Depar�ment within fiftee� (15) minutes f�om the time of nofification if th� Company wifl be unable to respond within the thirty (30) minutes allotted for a response ta a call for wrecker service, c) Permittir�g a tow truck to be operated by anyone while under the influence of alcohol andlor drugs. d) Permitting a tow truck to be op�rated by anyane whose operator's license is suspended. e) Transferring ar assigning any call for service to any other company f) Any sustai�ed complaint of theft by personnel of Company while acfing m their capacity as employees of Company, whether occurring during a police pull or otherwise. g) Any sust�ined complaint of threats made by personnel of the Company while acting in their capacity as employees of Company made against third parkies during a�ol�ce pull or otherwise. h) Failin� to comply with all directions of police personnel at the sc�ne of a poiice pull or civilian employee at the Police Pound. Company may reques# a police supervisor to �alidate any such direction given. i} Five (5} passes within a thirty (30} day period. Pass in this paragraph shall mean Company failing to notify the Ci�y of its inability to respond �o a �equest for service as required by paragraph 2 above. j) Ten (10) passes within a thirty (30) day pario�. Pass in this paragraph shall mean a Company notifying tha City of its inability to respond to a request for service as required by paragraph 2 above. €c) Violation of any rule ar regulatian contained in Exhibit "A" attached hereto. l) Failure to comply with any state or fiederal law or city ordinance relate� to the operation of a wrecker company. 7.2 Gity shall notify Company in writing ofi its intent to terminat� or suspend far cause �wenty (2Q} days prior to such suspension or termination. Company shall have the right fa request a hearing before the Chief of Police or his designee 5landard Wrccker C� Puge 9 0l' 12 , regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of nofice of intent to terminate or suspend. A hearing shafl be canducted within fifteen ('I5} days of the re�uest for hearing. The Cify, in its sole discretion, may temporarily sus�er�d this contract during any appeals process, 7.3 In the event this contract is suspended for cause, the suspension shall be for a�eriod of �ime of nok less than six (6) months nor more than twel�e (12) months. 7.4 In the event City suspends or terminates this contract for cause, and t}�e cause for such suspension or termination is determined to be inva[id, Company's sole remedy shall be reinstafement of �his contract. Company expressly w�ives any and all rights to monetary damages, including but not limited to actual and puni�ive damages, court costs and attorney's fees. 8. INDEMNIFlCATION Wifh regard to any liability which migl�t arise hereund�r, City and Company agree t�at they shall be solely and exclusively �iable for th� negligence of its own ag�nts, s�rvants, subcontractors and employees and that neither par�y shall look to the other party to save or hold it harmless for #he consequences of any negligence an the part of one of its own agent, servant, subcontractor or emplayee. Nothin� contained herein shall be construed to be a wai�er by City af any right of protection that it enjoys under applicable State or Federal law. 9. ASSIGNMENT Company shal� 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 without the consent of th� City shall �e void and shaq operate as a terminatian hereof. Standard Wrecker 1 � P�ge l0 of l2 m 10. ZONES AND ROTATION LIST 14.1 City shall divid� the city into fo�r (4} zones that shall correspond to th� four (4) patrol divisions. Company shafl be assigned to the zone or an adjacent zone in which it maintain5 its principa! place of business. 14.2 City shall create a rofatian list within each of the four {4) zones that will dictate the order in which wrecker companies are contacted. 10.3 City may requ�st Company to cflnduct a police pull within any zone, and Company agrees ta use its best effarts to arrive at #he scene of the police taw within thirty (30} minufes. 11. INDEPENDENT C�NTRACTOR It is �nderstood 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 ar employee of the City. Company shalf hav� exclusiv� contral of and the exclusive right to control the details of the work or se�vice to be perFormed hereunder, and a11 persons perform�ng same on benalf of Company, and shall b� solely responsible for the acts and omissians of its officers, agents, servants, empfoyees, contractors, subcontractors, lic�nsees artd invitees. The doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, servants, employees, confractors and subcontractors, and nathing herein shall be construed as creating a partnershi� or joint venfure between the parties hereto. 5tandard Wrecker 11 Page l I oF l2 .. �i In witness whereof, the parties herefo have executed this Contract on the I��`", day of ! f l� _ , 2Q� ATT�j T: _ ClTY ��''�ORT WO�tTH � � � , ; -� �� � . _ � _ � �;�� :,,�_ B�: � = , .. G oria Pearson Libby Vj��son City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY l� � Assistant City Attorney ATTEST: Corporate Secretary c������� Contract Au�.ho:�iza�cion .��_� 0^� �� ___.._-�-- - ---- �-- ���� Hiaht Marine Products lnc., dba Edds Towinq (Company N rne) � By� �� � La ce B. Hight, Presi nt �11w N a�Y` ��� � �- �� 5tandard Wrccker Page 12 of 12 �2 �EXI3I�IT A �UTO POjJI�TI] The follawi�tig rules �tnc� regulations will be inIlowed by ALL Wrecker Companies upoii �trrival at Ehe Auto Pound. I. The entry gate will not be Ulocked by wrecicers waiting to enter ar exit tl3e Auto Potmd. 2. No wrecl�er shall erlter tlle Auta Pound with more than one {1) persoi�/operator, ui�less authorized by the oii dtity sluft supervisor. This will be done ai� a case by case basis. 3. For safety reasans, a Car Cairier will be required to off load their cargo when passible. T1iis shall b� determiiled by the or3 dLtty supervisor. 4, Inventorias sho��ld �c hatldled ii� an expeditious maiul�r when possible. However, Auto Po�tnd persomlel a�-e rec�uii°ed to do a complete and precise inventnry ofi all property and velucles. A specifie time frame would be impossiUle to institute. S. No wi-ecicer driver/operator will assist with any inv�ntory bei�lg cozlducted Uy Auto Pound personnel. 6. TIZe t�se of Car Carriers, extra time, extra equipment, etc., s11a11 be subject to appraval by t1�e Wrecker Administrator or Auto Pound Supervisor. 7. Wrecker drivers/operators/owi�ers shall Ue required to follow a�iy direetions or instructioils given by Auto Pound personnel. S. Wrecker Company Owners shall asszst a�id comply wit11 any investigatioil perfarined by Auto Pound personnei or the Fort Worth Police Department in regards to tlzeir campany, driver, operator and or business without hesitation, 9. Violatioi�s of ai�y of the above rules shall be subject to review by fhe Wrecicer Adrr�inis�rator or ALito Pound Supervisor. The A�ito Poui�d Su�ervisor or a 11ig1ier 1eve1 af corriinand may deternlitie disciplinary aclion up to a.i1d 'u7cluding tennialatian of coiitract. C'iiy o��'o�i �o�th, T'exas �yc�� �r�d ���r��i� ��r��c�r����t��n DATE REFERENGE NUMBER �.OG NAME PAG� 4181Q3 �o� ���� 35TOWS 1 �f 2 SUBJECT SIJPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR N4N- CONSENT TOWING 4F WRECKED OR ABANDONED VEHICLES FR�M MULTIPLE VEND�RS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended #hat the City Cauncil: 1. Authorize contracts for Police Department r�quesfed nan-consent towing of wrecked or a�andoned vehicles fram multipf� �endors as required by 5ection 34-181 of the Code of the City af Fort INorth (� 98�), as amended; and 2. Authorize the contracts to begin April 8, 20Q3, and expire Septemher 3�, 2003, with options ta renew for four additional ane-year periods; and 3. Adopt the attached supplernental approp�riation ardinance increasEng estimated receipts and appropriations by $446,944 in the General Fund #rom auailable funds. DISCUSSION: Section 34-181 of ihe Cade of the City of Fort Warth (1988), as amend�d, required that all police department, nan-consent iows, shall be undertaken p��rsuant ta contract, specifically execute� betwee� the City and a wrecker campany. The Public Safety Committee extensively r��i�wed the �ew rates and unanimously appraved this recommendation on March 25, 2Q03. Th�re are three types of coniracts and rates as follows: p 5#andard tow truGks $100 � Tilf bedlrolEback #ow trucks $12� � Tandem tow irucks $180 Confiracts will be exeeuted with any vendor desiring ta per�arm non-conse�t tows far the Palice Department, if they meet the con�ract requirements such as towing operations being the vendors primary busi�ess, equiPment specifications, ins�rance, and a local�y licensed storage facility. The fees for servEces ta be pro�ided ar�d assignment to one af four zones are the same as contained by City Code. The estimated expenditure for these s�rvices is $1.8 million per year including the anticipated increase (of $�446,944) for tf�e remainder of the fiscal year based on th� revised rafes. This increase wili be offset by revenue cvliected as fees. RENEWAL QPTIONS - These contrac#s may be renewed for up ta four successive one-year terms at the City's opiion. This action does not require specific City Council appra�al pro�id�d the City Counci! City of '�'o�t T�'o�th, Texas ����° �n� �'��n�e�l ��r���n���t��n DAT� REFERENCE NUMl3�R LOG NAME 3�TOVIfS � PAGE 2 Qf 2 4181D3 �o� 9��� SUBJECT SUPPLEMENTAL APPROPR]ATION ORDINANC� AN� CONTRACTS FOR NON- CONSENT TOWWG OF WRECKED OR ABANDONED VEHICLES FRQM MU�TIPLE VENDORS REQUIRED BY C�TY ORDINANCE �OR THE POLICE DEPARTMENT has apprapria#ed sufficient funds ta safisfy the City's obligation during the renewal term. FISCAL INFORMATfONICERTIFICATION: The Finance Director certifies tl�at upon appro�al and completion of the above recommendations and the adoption of the attached supplemental apprapriaiian ordinance, funds wilE be available in the current operating budget, as appropriat�d, of the General Fund. LW:r Sabinitted for City Manager's �ffice by: Li6Uy Watson Origin�ting Department Head; Ralph Me�doza .�dditionnl Information Contact: Susan Alanis I FUiYA I ACCAUNT I CENT�R � ���� I GG01 5391�0 0353403 6]83 I GG01 462624 fl353403 A838b � (from) j GG01 539120 0353403 I � 78262 I AMOUI�T $446, 944.00 $446, 944, 00 $4�46,944.D0 CITY SECR�TARY APPROVCD 04/q8103 ORD.# 15517