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HomeMy WebLinkAboutContract 28591���'� �������i�� .;'��������� �, ����u CONTRACI' FOR TOW TRUCK SERVICE (STANDARD SERVICE) WHEREAS, the City of Fort Worth occasionally requires the services of tow trUcks; and WHEREAS, such tow truck services are necessary to protect the safety af the citizens of the City of Fort Worth, NOW, THEREFORE, KN�W ALI. BY THESE PRESENTS: The City of Fort Worth, hereinafter referr�d to as "City", acting herein �y and through Libby Watson, Et5 duly authorized Assis#ant Cify Manager, and Bivins Wrecker Service Inc., hereinafter referred io as "Campany", acting herein by and through Bilfv Heiser, its duly authorized President , agree as follows: �. SERVICES City f�er�by contracts with Company to provide �ol�ce pu[I towing service, As used herein, "police pull" shall mean that the Fo�t Worth Police Department has called Company from the ratation list to either remove a wrecked or disabled vehicle or to remave a vehicle in a safe driving condition, but the owner is not present, able ar pErmitted to drive or to make a�athorizations. 2. �x:771 The initial term of this contract shalf exPire on September 30, 2003. ln addition to the initial term of this contracf, tYtere shall be four opfions to renew for terms of on� year each, unless earlier terminated as hereinafter provided. Renewal shall occur upon C[ty incl�ding in its budget far the options years sufficien� funds to pay for its obligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.1 Compensation. As compensation for providing the services cantem�lated by this Conf�act, City agrees to �ay Company as follows: � . � � ���y �� � a) Towaae. A charge of 4ne �undred Dollars �$100.00) fior towing s�ch vehicle from one point on a street fo another location within the corporate fimi�s of the ci�y as directed by tf�� police department at the place where tY�e tow originated; such charge includes one-ha[f hour of extra work. b} Second tow truck. In the event the police officer at the scene det�rmines that a second tow fruck is required, a charge of One hundred dollars ($100.00) per haur, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the pQlice pull, A police super�isor shall approve the use of a second tow fruck. Travel time is �xcluded. c} Extra work. An additional charge of one hundred dolfars ($1DO.Ofl) per hour, with a minimum charge of one hour, charged in incremer�ts of fifteen (� 5) minutes, fior removing vehicles that are off the streef right-of-way, such charge fo be made from the time t}�e operator begins to remo�e the �ehicle until it is on the traveled �ortion of the street. Ever� tnough the ��Y�icle is within the stre�t righi-of-way, an additianal charge may be made if the vehicle is located in some unusual condition within the right-af-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 allow�d wh�n authorized by a�alice officer at the scene of the pull. The charges for such exfra work shafl be, reviewed and a�proved by the Auto Pound Wreck�r Administrator. Extra work excludes travel time, waEting time and clean-up time. d) lJse of a dollv. No additional fee shall be cnarged for the use of a dolly. e) Handlin� hazardous materials. When the cargo of any motor vehicle or trailer includes explasive, nUclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Prot�ction Agency, Texas Department of Trar�sportation, or the Texas Commiss�on on Environmental Qualify, a fee equal to one hundred-fifty (15D) percent of the charges w�ich may be assessed pursuant to subparagraph "a" above. In addition, a charge may be made for expenses incurred related to pratective clothing and any Standard Wrecker 2 Page 2 of 12 _ other supplies or equipment us�;d in handling such materials, such charge b�ing equal to the actual amounts incurred plus fifteen (15) percent. f} Nothing can#ained herein shall be construed so as to obfigate City �v expend any sums of maney. Further, nothing contained herein shall be consirued so as to guarante� to Company that Cify wil� contact Company for any towing services contemplated by this Contract. 3.2 [nvoicinq and Pavment. Company shall Ir�voice City once per month. Company shall incfude with the invoice such documents as may be reasona�ly requested to provide evidence of the services provid�d to the City, which at a minim�m shall include copies of fhe wrecker selecfion form signed by the officer at fhe scene of the police pull an�lor personnel at the Fort Worth Auto Pound. Such i�VOiC� Shall be subject to the review and approval of appropriate City personnel. City s�all �emif payment to Company not more than thirty (30) days following appro�al of in�oic�. 3.3 Compensation Review. Cify shall revisw on an ar�nual basis fine compensation provided far hereunder, with the first s�ch review fo be conducted during the mon�h of August 2fl03. Simifar reviews shall occur in August ofi each succeeding year that this cantract is in �ffect. City shall make adjustments in the compensafian based upon increases or decreases in fne cost of doing business, taking inta consideration fuel, insurance, labor, and such other costs as may be relevant to the operation af a towing business. 4. VEHICLE AND EQLJIPMENT REQUIREMENTS Company shall maintain at all times the fallowing vehicles and equipment in working condition: a) A minimum of two (2) wr�ckers, one of which shall be not less than 14,OOQ pounds gross vehicfe weight and ane of which shall �e not less fhan � a,aOD pounds gross vehicle weight, dual rear wheels, equipPed with a hydraulic ape�ated winch, winch lines, and a boom rated at not less than 8,000 pound lift capacity and a wheel lift device rated at not less than 2,5Q0 pounds. Standard Wrecker Page 3 af 12 3 b) At a minimum, a�l wreckers shall be equipped with the follawing equipment, which at ail times shall be maintained in working order: 1) 2) 3) 4) 5) 6) 7} 8) 9) 10) 11} 12) 13) 94) Tow �ar Towing IigY�ts Emergency overF�ead warning lights (red or amber color only} Safety chain Fire extinguisher, A.B.C. Type Wrecking bar Broam Ax Shovel Reflectars or traffiic cones Trash container Two way voice or computer communication between tow truck and Company dispatcher Backing warning signal Wheel cf�ocks c) Each wrecker shal{ hav� the identifying markir�gs required by the Texas Transportation Code, section 642.�02. In addition, each wrecker shall pro�ide Notice of Complaint Procedures to the aw�er of a towed vehicle as outlined by the Texas Department of Transportation Rules and Regulations as contained in 43 Texas Administrative Code, Chaptcr 18, subchapter 18.89, as sam� may be amended firom time fo time. d} Each tow truck and ti�e required equipment shall be ir�spected by the Chief of Palice or his a�thorized designee prior #o being used for services cantemplated by fhis contract. In addition, each tow truck and the req�aired equipment shall be subject to intermittent inspection to assure compliance with this cantract. Standard Wreckcr 4 Page 4 of 12 5. INSURANCE REQU[REMENTS Company shall maintain insurance from insurers acceptable to City of th� follawing types and amounts: 5.1 Commerciai General �iability $SQO,OQO �ach occurr�nce $SDO,aDO aggregate or Carage Liabili#y $500,00� each accid�nt, other than autq $50a,000 aggr�gate 5.2 Automobile Liabiliiy $500,OOQ each accident, combined single limit This coverage shall inc{u�e all vehicles owned or non-owned fhat are operating under Company's operating au�hority. 5.3 CargolOn-Hook $30,000 per unit Coverage shall include both the unii being towed and its contents. Units covered shall include but not be limifed to motor vehicles, trailers and boats. Cov�rage sE�all be written on a direct primary basis. 5.4 GARAG�K��,PER'S �IABILIYY $30,000 per unit 5.5 Worker's CompensationlAccident Insurance Coverage shall meet the minimum requirements of state �aw as con- tair�ed in the Motor Carrier Rules and Reg�lations. 5.6 Current insuranc� c�rtificates shal{ ramain on file witn the City during the term of this Contract. Insurance coverage may, at the sole discretion of the City, be re�ised upward upon thir�y (3Q) days priar written notic� to Company. Policies shall be endorsed as follows: StandaE�d Wredcer Page 5 of l2 � a) The City, its officers, employees and servants shall be endorsed as an additional insured on a11 po�icies except employer's liability insurance coverage under the workers' compensatian insurance policy. b} Certificates of insurance shall be deli��red to t�e supervisor of the City of Fort Worth Auto Pound, 1301 E, Northside Dri�e, Fort Worth, TX 761d2, prior to any work being perFormed under this contract. c) Any failUre on part ofi fhe City to request required insurance documentation sY�all nof constitute a waiver of the insurar�ce requiremenfs specifi�d herein. d) Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or caverage. A ten days r�otice sha[I be acceptable in the event of non-payment of premium. e} lr�surers must be autF�arized to do business in th� State of Texas and have a curr�nt A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f) Deductible limits, or self-funded retention limits, on each �ol�cy must not exceed $1 �,OOO,OQ per occurrence unless otherwise apProved by the City. g} Other than worker's compensafion insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing �ny aiternative coverage. h) Workers' compensation insurance policy(s� covering emp[oyees snall be endorsed with a waiver of subrogation providing righfs of reco�ery in favor of the City. i) City shall not be responsible for the direct payment of insurance premium COStS. j) insurance policies shall each be e�dorse� to provid� that such insurance is primary protection and any se[f-funded or commercial coverage maintained by City shall nat be called upon to contribute to loss recovery. Standard Wracker Page G of 12 C k) Company sha{I report, in a timely rr�anner, to City's officially designated cor�tract administrator any known loss occurrence which could gi�e rise to a liability claim or lawsuit or which could result in a property loss. i} Company's liabiliiy shall not be limited ta the specified amounts of insurance required herein. m) Upon the request of City, Com�any shal[ provide camplete copies of all insurance policies required by these contract documents. �.7 ln the event a state ar federal law, rule ar regulation pertainin� to wrecker service companies operating within the State of Texas exceed insurance requirements specified herein, such state or federal law, rule or regufafion shall , prevail for the respective type of insurance coverage andlor limit thereof. 6. DUTIES AND R�SPONSIBILITIES OF COMPANY Company, during the term of tf�is contract, shall perform the following duties and ha�e the following responsibilities: a) Mainfain as its primary business the towing of vehicles or trailers by wreckers meeting the requiremen�s of paragraphs 4{a} and 4(b) abo�e. "Primary business" shall mean that Company receives mare than fifty per-cent {5fl%) of it gross revenues from the towing of vehicies and trailers. A[I of company's recards shall be open to reasonable inspection, both at the time of execution of this agreement a�d at any time during the term hereof, to verify com�lianc�: with this condition. b) Mair�tain a currently licer�se� vehicle storage facility located within the corporate limits of th� City. "Vehicle starage facility" shall meat� a facility operafed by a person lic�nsed under Article 6687-9a, Revised Statufes. c} Maintain business o�eration twenty-four {24) hours a day, sevan days �er week, d) Respond to all calls contemplated by this contrac# within thirty (30} minutes of notification, except in extraordinary situations where delay is caused by ice, snow or other weather related con�itions. ln the e�ent Company fails to respond as required, City may notify another wrecker company and Company 5tandard '4Vrecker 7 Page 7 of 12 shall not be enfitled to the compensation to whic� it would nave been entitled had it arrived timely. e) Maintain on file with the City the name of the owner, president or chief executive officer, business address, and tele�hone number; further, Campany shall notify th� City of any cY�ange of ownership, president or c�ief executive officer, or change af address within five {�} business days of any such change_ f) Deliver the motor �ehicEe being towed to the location within the corporate iimits of City designafed by the police offieer at the scene of fhe pull. Delivery shall be made without delay or detour. g) Fuliy cooperate w�th a�y investiga�ion conducted by fhe City regarding complaints against Campany, whether ar r�ot such complaints arise out af services contemplated by this Cantract. h) Shall not becom� delinquent in the �ayment of any taxes due to City. i) Shall not go to any accident scene unless the Com�any has been called to the scene by the owner or operator of a vehic[e or an author�zed representati�e of same, or by the City. j) Compl�tely remove all debris resulting from any accident to which the Company is rEspanding. Removal of debris shall not b� considered complete by merely sweeping it to the curbline. k) Shall not salicit any wrecker business within the corporate limits of City at the scene of a wrecked or disabled �ehicle, regardless of whether the solicitation is for fhe purpose of soliciting the business of towing, repairing, wrecicing, storing, trading, ar �urchasing the vehicle. I) Shall anly em�loy drivers of taw trucks authorized ta operate same. m) Provide the Polic� Pound personnel with an invoiee at the time �hs vehicle is delivered to the Auto Pound together with the signed wr�cker selectian form to be provided. � TERMINATION AND SUSPENSION 7.1 This contract may be terminate� ar s�spended by City �or any of the following causes: Standard Wreckee g Pagc&oFf2 a) Violation of any term andlor conditian specified in this contract. bj Failure to notify the Communications Division of �he Police Department wi�hin fifteen (15) minutes from the time of notification if the Company wi{I be unable to respond witi�in the thirty (3Q) minutes alEotted for a response to a call for wrecker service. c) Permitting a tow trucic to be operated by anyone w�ile Under the influence of alcohol andlor drugs. d} P�rmitting a tow truck to be operated by anyone whose operator's license is suspended. e) Transferring or assigning any call for servic� to any other company f) Any sustained complaint of fheft by p�rsannel of Campany while acting in their capacity as employ�es of Campany, whether accurring during a po[ice pull or otherwise. g) Any sustained compiaint of threats made by perso�ne! of fhe Company whife acting in ti�eir capacity as employees of Company made against third parties during a police pull or otherwise. h) Failing to comply with al[ directions of police personne[ at the scene of a police pull or c�vilian employee at th� Polic� Pound. Company may request a police supervisor to validate any such dir�ction gi�an. i) Five (5) passes within a thirty (30} day period. Pass in this paragraph sha�1 mean Company failing �a natify the City of its inability to respond to a request far service as required by paragraph 2 above. j) Ten (1 Q) �asses wifhin a fhirty (30) day period. Pass it� this paragraph shall mean a Company notifying the City of i�s inability to respond to a request for service as required by paragraph 2 abave. k} Violation of any rule or regulation contain�d in Exhibit "A" attached herefo. I) Failure ta comply with any state or federal law or city �rdinance related to the operatian o# a wrecker company. 7.2 City shall notify Company in writing of its intent to terminate ar suspend for cause twenty (20) days prior to such suspensian or fermination. Company shall have the right to re�u�st a heari�g befare the Chief ofi Police or his designee 5tandard Wrecker C� Page 9 of l2 regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five {5} business days after receipt of natice of intent to te�minate or suspend. A hearing shall be conducted within fifteen (15) days of the request for hearing. The City, in its sole discretion, may temporarily suspend this contract during any appeals process. 7.3 1n tne event this con#ract is suspended for cause, the suspe�sion shall be for a periad of time of nat less thar� six (6) months nor more than twel�e (12) months. 7.4 In the event City susp�nds or t�rminates this contract for cause, and the cause for such suspensian or termination is determ+ned to be in�alid, Company's sole r�medy shal{ be reinstatement of this contract. Gompany expressly wai�es any and all �ights to monetary damages, including b�t not limited to actual and punitive damages, coUrt costs and at�orney`s fees. 8. INDEMNIF�CATION With regard to any liability which migY�t arise hereunder, City a�d Company agree that they shall �e so�ely and exclusively liable for the negligence of its own age�ts, servants, subcontractors and employees and that �either party snall look to the other party to save or Mold it harmless for the consequences of any negligence on the pa�# of one of its own agenf, servant, subcontractor or employee. Nothing contained herein shall be canstrued to be a waiver by City of any right of protection that it �njoys under applica�le State or Fe�eral law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portion hereof to any party without th� prior written consent of Giiy that shall not be unreasonably withheld. Any such assignment, transfer or subletting of fhis Contract without fhe consenf of �he City shall be void and shall o�erate as a termination hereof. Stand�rd Wrecker 1 � I'age I O nf 12 10. ZONES AND ROTATION L15T 10.� City shall divide the city into four (4) zones that shall co�respand to the four (4) patrol divisior�s. Company shall be assigned to the zone or an adjacent zone in which it maintains its principal p{ace of business, 10.2 City shall create a rotation list within each of the four (4} zon�s that will dictate the order in which wrecker companies are contacte�. 10.3 City may request Campany to conduct a police �ull within any zone, and Company agrees to use its best efforts to arrive at th� scene of fi�e police tow wi#hin thi�ty (30) minutes. 11. INDEPENDENT CONTRACTOR It is understood and agr�ed by the parties hereto that Company shaU perform all work and services hereunder as art independent contrac#or, and not as an afficer, agent, servant or employ�e of the City. Company shall have exclusive control of and the exclusive right to control the details of the work or service to be perFormed E�ereunder, an� all persons perForming same an behalf o� Company, and shall be solely responsible far the acts and omissions af its afficers, agents, servants, employees, contractors, su�cor�tracfiors, ficensees and invitees. Tne doctrine of respondeat superior shall not app�y as betw�en the City and Company, its officers, agents, servants, employees, contractars and subcontractors, and nothing I�er�in shall be construed as creating a partnership or joint v�nture between the parties hereto. Standard Wrecker '� 1 Page 11 of l2 In w�tness whereof, the pa�ties hereto have execut�d this Contract pn the � day of 1 1�[� , 20�. ATTEST: � CITY �F4RT W RTH �. � �� - �Glor� Pearson City Secretary APPROVED AS T� FORM AND LEGALITY ��� Assistant City Attorney ATTEST: Corporate Secretary By� � ' � � . �bby tson Assistant City Manager � � _ � „_j�t- .: f �' _ __ --- �_- _ . . � ��r�r�tr��� Authorization ) f' / `•' �� ki• fi =�d�- �', � n 1 __ 1 --, a '�. f'. Bivins Wrecker Service 1nc. {Company Name) . By: �.J.� �� � �-�� Billy Heiser, President 5tandard WI•eckei• 12 Pa�e I � aF 12 I. �'J ��� , , �'��� , ��� ���. �����_� �� � � ���� ���� Tl�e ��8da�i�g �'�les ��d �-eg�s���i�sis �gil be �'o�flo�v�d �� �,L �g ec�e� ��mr�pa�n�� t�p�m �x t�yval �t t�e Au�o Po�and. �. Tl�e antry ga�e vclill nat be blociced l�y wrec�ers waiting to eiZter or exit tbe Auta Pou.��d. 2. No wrecicer sh.all enier the Aufio Pound witil more tlaa.n one (1) perso�/operator, 1.Lri1855 �LItIlOT1��C� �7� �L18 Ol.l {�ilfy 5�1i� 5Li17EiV15pX, This wil� be aone on a case �y C�.S� j7�535. 3. For sa�ety reasans, a Ca� Ca�lier will be requi,red to off load their carga w1�en possible. Tliis shall i�e deiermined by tl�e o�. duty supeivisor. 4. Tiiveiltoiies sh4uid Ue ha�dled ii� an expeditious ma�uxxer wheii possible. Haw�ver, Auto Po�,uid perso�u�.el are required ta do a complete and �recise i�ventory o� a11 �roperty a�xd vel�icles. A specific tim� franle vvould Ue iinpossiUle to insfiitute. S. No wrecicer driver/a�eraior will assist with aily inventory Ueing coi�ducted by Auta Po�u�d persoiva.ei. G. The use of Car Cailiers, extra tii��, extra eqt�ipnle�t, etc., s�iall l�e subjeci fo approval Uy t��e Wrecicer Adiniuistrator or Auto i'o�ti�d �up�rvisor. 7. Wrecker d�'ivers/o�eratarslovaners shall be required fo follow a�.y directions ax iiistructioils gi�ezi by A�.lto Pou�c� perso�nel. � 8. Wrec�eer Co�l�azay Qwzxers shall assist a�1d comply with a�iy investigatzon pez£orzi7ed Uy Auto Pound persoi�el or tlle Fort Worth Polic� Departineilt in regatds to their coinpa�ty, c�ariver, operator and or business without hesitation, 9. Violations of a�.zy of flse above Xules s1�a11 be sul�ject to xeview Uy tIle Wrecicer Adn3i��.istrator ar Auto Pound Supeivisor, Tha Auto Pou��d St��eavisor ar a lligl�er level of co�naz�.d inay deteizzliiie disci�alinary action up �o a�zd i�cludi�lg teniui�atioil of coiitract. �'ity o, f .Fo�t Wo�th, 7'exas �r��� ��� ������d ������;cc�t��n DATE REFER�NC� IVIJMBER I_OG NAME PAGE �18103 �o� ���� 35TOW5 1 af 2 SIJBJECT SUPPLEMENTAL APPROPRIATION ORDWANCE AND CONTRACTS FOR NON- C�NSENT TOWING OF WRECKED OR ABANDONED VEHIGLES FR�M MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize contracts far Police Department reguested nan-consen� towing of wrecked or abandc�ned vehicles from multip[e vendors as requirecf �y Section 34-t81 af the Code of tYre Cify of Fort Worth (9986}, as �mended; and 2. Authorize the contracts to �egin Aprif S, 2�D3, and expire 5eptember 30, 2003, with options to renew for four additional one-year periods; and 3. Adop# the attached supplementa! a�propriation ardinanc� increasing �st+mated receipts and appropriations by $446,944 in fhe Generaf Fund fram avaiEable funds. D15CUSSlON: Section 34-181 of the Code of the City of Fort Worih (1986), as amended, required that all police department, rton-car�s�nt tows, shall be undertaken pursuant to cantract, specifically executed between the City and a wrecicer company. The Public Safety Cammittee extensively reviewed the new rates ar�d unanimously appro�ed this recnmmendation on March 25, 2003. There are �hree types of contracts and rafes as follows: � Standard tow trucks $100 � Tilt bedlrollback taw truc[cs $125 � Tandem taw trucks $180 Contracts will be executed with any �endor desiring to perFarm nan-consent tows for the Pofice Department, if they meet th� contrac� requirements such as towing operafior�s being th� vendors primary business, equipment specifications, insurance, artd a IocalEy �icensed storage faci[ity. The fees for services to be provided and assignment to one of four zanes are the same as cor�tained by City Code. The estimated expenditure for these services is $1.8 m�llion per year ir�cluding the anticipated ir�crease (of $446,944) fo� the remainder ofi the fisca[ year based on the revised rates. This increase will be offset by revenue collected as fees. RENEWAL OPTIONS - These contracts may be renewed for up fo faur successi�e vne-year ierms at the City's option. This actian does not require specific City Council ap�ro�af �ravided the City Cauncii �'iiy o, f `.�ort �o�th, Texas ���1� A�� ��i��1�1r ���iff1t11�f1°��t��1��1 DATE R���F2ENCE NUM�ER L�G NAME PAGE 418103 �_� ��44 35TOW5 2 af 2 SllHJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CQNTRP+CTS FOR NQN- C�NSENT T�WING �F WRECKED OR ABANDONED VEHICLES FRQM MULTIP�E VENDORS REQUIRED BY C1TY ORDINANCE FOR THE POLIC� ❑EPARTMENT has appropriated sufficient funds to sa#isfy the City's ab�igatian during the renewal term. FISCA� INFORMATIONICERTIFICATION: The FEnance Director certifies that upan approval and completion of the above recommendations and the adopiion of the attached supplemental apprapria#ion ardinance, funds wil) be a�ailable in the current aperating budget, as appropriated, of the General Fund. LW: r Su�tnitted for City Manager's Office uy. LibUy Watson Originflting Department Head: Ralplti 1Vlendoza Additional Infvrmatlon Contact: Susan Alac�is FUND I ACCOUNT I CENTER (to} GG01 53912Q p3534Q3 6I83 GG�1 462624 0353��3 48386 (tran�) GGD1 539120 Q353403 78262 I AMOUIV'T $446,944. QQ $448,944.00 $446,944.00 CITY S�CR�TARY � APPROVED 04108ffl3 � ORT].# 15517 � � �