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HomeMy WebLinkAboutContract 28594t G4N RAC7'���`��� � � _ ....,. . �.�� % � CONTRACT FOR TOW TRUCK SERVICE (TIL.T BEDIRQLL BACK) WHEREAS, th� Ci�y of Fort Worth occasionally requires the services of tow trucks; and WHEREAS, such tow truck services are necessary to �rotect the safety of the citiz�ns of th� City of Fort Worth, NOW, THEREF'ORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "Cify", acting herein by and through Libby Watson, its duly authorized Assistant City Mar�ager, and Thomas Towinq lnc., hereinafiter referred to as "Company", acting nerein by and through J. D. Thomas, its duly authorized Presiden#, agree as follows: 1. SERVICES City hereby confracts with Company to pro�ide police pul[ towing service. As used herein, "palice pull" shafl mean that fhe Fort Worth Police Departm�nt has called Company fram the rotation list to either remove a wrecked or disa�led v�hicEe or to remove a vehicle in a safe driving condition, but the owner is not pr�s�nt, abie or permitted to drive or to make authorizatiorrs. 2, �n The initia[ term of this contract sha11 expire on September 30, 2003. In add�tian fo the initial term of this contract, there shall be four o�tions to re�ew for terms of one year each, unless earlier terminated as hereinafter provided, Rer�ewal shall occur upon City including in its budget for the options years sufficient funds to pay for its obligations hereunder and Company pro�iding proof of insurance to Cify. 3. COMPENSATION 3.� Comqensation. As compensation for providing the services contemplated by this Contract, City agrees to pay Company as follows: � v'i��dvJ:, .. ��� ��� ' �, ti�������, �`��, e � a) Towaqe. A charge of one hundred twenty five dollars ($�25.00) for towing such vehic{e from one point on a street to another lacation within the corporate limits of the city as directed by the police officer at the place where the tow originated; such charge inc[udes one-half hour ofi Extra Work. ln the event Company respands to the scene o� a police pull with a tilt be�lroll back truck when the police pull cauld have been accomplished with a siandard tow truck, Company shall be entitled to t�e reduced charge of One hundred dollars ($�00.00). b) Second tow �ehicle. In the e�enf the po[ice officer at the sce�e de�ermines that a standard tow vehicle is required in addition to the tiEt bedlroll �ack truck, a charge of �ne hundred Dol�ars ($�a0.�0) per hour, with a minimum charge of one hour, billed in incr�ments of fifte�n (� 5) minutes w�ile a# the scene of the police pull. A�olice supervisor shal! approve the use of a second tow truck. Travel time is excluded. c) Extra work. An additional charge of One hund�ed dollars ($100.00) per hour, with a minimum charge of one hour, charged in incr�menfs of fifteen {15) minutes, for removing vehicles that are off the street right-of�way, such charge to be made from the time the operator begins to remove the veh[cl� until it is on ihe traveled portion of the street. Even though the �ehicle is within the street right-of-way, an additional charge may be made if the �ehicle is located in some unusual condition within fhe right-ofi-way, such as, but not limited to, a river or a creek bed or a ditch of greater depth than ti�e ordi�ary bar ditch. Extra wor�C shall only be allowed when aUthorized �y a police offic�r at the scen� af the pull. The charges for such extra work shall be reviewed and approved by the Auto Pour�d Wrecker Administrator. Extra work excludes travel time, waiting time, and clean�up tim�. d} Handlina hazardous materials. When the cargo of any motor vehicle ar trailer incl�des explosi�e, nuciear, radioactive, hazardous or corrosive materials, as defined by the Environmental Protection Agency, Texas D�partment of Tra�spartation, or the Texas Commission on Environmental Quality, a fee equal to one hundred-fifty (150} percent o� the charges Tilt Wrecker � Page 2 af 12 e � permitted under subparagraph "a" above. In addition, a charge may be made for experises incurred related to pro#ective clothing and any other supplies or equipment used in handling such mater�als, such charge being equal to the actual amounts incurred plus fifteen {15) �ercent. e} Nothing contained h�rein shall b� construed so as to obiigate City to expend any sums of money excep# for work act�ally performed. Further, nothing containe� herein shall be construed so as to gUarantee tha� City will contact Compar�y for any towing service con�emplated by this Contract. 3.2 Invoicing and PaVment. Com�any sha[l Invoice City once per month. Company shall include with the invoice such documenfis as may be reasonably requ�stad to provide e�idence af the services provided to t1�e City, wh�cY� at a minimum sha11 inclu�e copies of the wrecker selection form signed by the offic�r at the scene of the police pull andlar personnel at the Fort Worth Auto Paund. 5uch invaice shall be subjec# to the review and appro�al of appro�riate City personnel. City shall remit payment to Company not more than thirty (3�) days following approval of i�t�oice. 3.3 Compensation Review. City shall review on an annual basis the compensation provid�d for hereunder, wifi� the first such review to be conducted during the month of August 2003. Similar reviews shall occur in Aug�st of each succeeding year that tY�is contract is in effecf. City shall make adjustments in tE�e compensation based upon incr�ases or decreases in the cost of doing business, taking into consideration fuel, insurance, labor, and such other cosfs as may be refevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times th� follovving veY�icles and equipment in wprking condition: a) A minimum of one �1) tiif bedlro[I back d�al rear wheeE wrecker rated at not less than 14,000 pounds gross �ehicle weight. �} At a minimum, all wreckers shall be equipped with the following equipment, which at al1 times shall be maintained in working order; Tiit Wrecke�• 3 Page 3 af l2 1 l � ) 2) 3) �} 5) 6) 7) 8� 9} 10) 1�) 12� 13} 14) � 5) Tow bar Towing lights Emergency o�erh�ad warning lights {r�d or amb�r color only) Saf�ty chain Fir� �xtinguisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors or traffic cones Trash container Two way voice or computer communication between taw trucic ar�d Company dispafcher Backing warning signals Whee1 chocks Traffic cones c) Each wrecker shall have the identifying markings required by fhe Texas Transportation Code, secfion G42.OQ2. In addition, each wrecker shall provide Notice of Complaint Proc�dures ta the owner of a tawed veh�cle as outlined by the Texas Department of Transportation Rules and Regulafions as contained in 43 Texas Administrative Code, Chapt�r 18, subchapter 18.89, as same may be amended from time to time. d) Each taw truck and the r�quired equipment shal! be inspected by tl�e Chief of Police or his authorized designee prior #o being used for services contemplated by this contract. fn addition, �ach tow truck and the required equipment shall be subject to intermittent inspection to assure comp[iance with this contrac#. T�it w�-�����- � Page 4 oi' 12 5. INSURANCE REQUIREMENTS Company shaq maintain insurance of the following types and amounts fram insurers accepfable fo the City: 5.� Commercial General �iability $50Q,000 each occurrence $500,000 aggregate or Garage Liability $�00,000 eaeh accident, other than auto �500,000 aggregate 5.2 Automobile Liabil�ty $SDO,DQO each accident, combined single limit This coverage shall include all vehicEes owned or non-owned that are operating under Company's operating authority. 5.3 CargolDn-Hook $30,ODQ per unit Coverage shall include both the unit being towed and its co�tents. Units covered shall include but r�of be limited to motor �ef�icl�s, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 GARAG�K����R'S �IABILITY $30,000 per unit 5.5 Wor�er's CompensationlAccident Insurance Coverage shall meet the minimum requirements of state !aw as con- tained in the Motor Carrier Rules and Regulations. 5.6 Current insurance c�rtificates shafl remain on fife with the City during the term of this Confract, Insurance coverage may, at �he sale discretian of the City, be revised upward upon thirty {3�) days prior written notice to Company. Policies shall be endorsed as follows: Tilt Wrecker � i'�ge 5 of l2 , , a) The City, its officers, em�loyees and servants shall be endorse� as an additional insured on all policies except employer's liability insurance coverage und�r the workers' compensation insurance policy. b) Certificates of insuranc� shall be delivered to the su�ervisor of the City of Fort Worth Auto Pound, 1301 E. Norths�de Drive, Fart Worth, TX 7�102, priar to any work being perFormed under this contract. c} Any failure on part of the City fo request required insurance documentation shall nat constitute a waiver of the ir�surance requirements specified herein. d) Each insurance policy sha11 be endorsed to pro�ide the City a minimum thirty days notice ot cancel[ation, non-renewal, andlor material change in policy terms or coverage. A t�n days notice sha11 be acceptable in the evenf of non-payment of premium, e) Insurers m�sfi be authorized to do business in �h� State of Texas and have a currenf A,IVI. Best rating ofi A: Vll or e�uivafen# measure of financial strengtF� and solvency. f) DeductibEe limits, o� self-funded re#ention limifis, on each poficy must not exceed $10,OOD.QO per �ccurrenee unless atherwise approved by tY�e Gity. g) Oth�r than worker's com�ensation insurance, in lieu of traditional insurance, City may consider alternati�e coverage or risk treatment measures through ins�rance poois or risk retention groups. The City must approve in writing any alternative coverage. h) Warkers' com�ensation insurance policy{s) eovering employees shall be endorsed with a waiver of subrogation providing rights of reco�ery in fa�or of the City. i) City sha[I not be res�onsibl� for the direct payment of insurance premium costs. j} Insurance policies shall each be endorsed to proWide that such insurance is �rimary protection and any self-funded or commercial coverage maintained by City shall not be cal[ed upon to contribute to loss recovery. Tilt Wreckcr � Page G at l2 k) Company shall rapott, in a fimeiy manner, to City"s officially d�signated contract administrator any knawn loss occurrence which could give rise to a liability claim or lawsuit or which could result in a proper�y loss. i} Company's I�ability shall not be limited to t�e specified amaunts of insurance required herein. m) Upon fhe request of City, Company shall provide com�lete copies of all insurance policies required by these contract documents. 5.7 In the event a sfate or federal law, rule or regulation pertaining to wrecker service companies operating within the State of Texas exceed insurance requiremenfs specified herein, such state or federal law, rula or regufatian shall prevail for the respective type of insurance coverage andlor limit t�er�of. � DUTiES AND RESPONSIBILITIES OF COMPANY Company, during the term of fhis contract, shall perform the following duties and have the following responsibilities: aj Mair�tain as its �rimary business the towing of �ehicles or trailers by wreckers meeting the requirements of paragraphs 4(a) and 4(b) abo�e. "Primary business" shal[ mean that Company receives more than fifty per- cent {50%) of it gross revenues from the towing of vehicles and trailers. All of company's records shall be op�n �o re�sonable inspection, both at the time of execution of this agreemenf and at any time during the term hereof, to verify compliance witf� th9s condition. b) Maintain a currently licensed vehicle storage facility lacated within the corporate limits of the City, "Vehicle storage facility" shall mean a facility op�ratec� by a persan under Article 6687-9a, Revised Statutes. c} Maintain business aperation twenty-four (24) hours a day, se�en days per week. �} Respond to a�l calls contemplated by this contract within thirty (30) minutes of nofif�cation, except in extraordinary situations where delay is causEd by ice, snow, or other weather relafed conditians. In the event Company fails to Tilt Wrecker ^� Page 7 of l2 , r�spond as required, City may notify another wrecker company and Company shall rtot be entitled to the compensation �o w�ich it would na�e been en#itled had it arrived timely. • e} Maintain on file with the City th� name of the owner, president or chief executive officer, business address and telephone number; further Company shall notify the City ofi any change of ownership, president or chief executive officer, or change of address wi#hin fiv� (5) busin�ss days af any such change. f) Deliver the motor vehicle being towed to the [ocation within the corporate limits of City designated by the police offieer at the scene of the pull. Deliv�ry st�all be made without delay or detaur. g) Fully cooperate with any investigation conducted by fhe City regarding complaints against Company, whether ar not such complaints arise out of services contemplated by this Contract. h) 5ha11 npt f�ecome delinqueni in the paymenf of any faxes due to Cify. i) 5hall not go to any accident scene unless the Gompany has been called #o the scene by the owr�er or operator of a vehicle or an authorized representative of same, or by the City. j) Completely remove all debris resulting from any accident to wl�ich the Company is responding. Removal of debris shall not b� considered eompfefie by merely sweeping it to the eurbline. k} Shall nat solicit any wrecker b�siness within the corpora�� limi#s of City at the sc�n� of a wrecked or disabled vehicle, regardless of whether the solicitafion is for th� �urpase af soliciting the business of fowing, repairing, wrecking, storing, trading, or purchasing the �ehicle. I) Shall only employ drivers of tow trucks authorized to operate same. m)Pravide the Police Pound personnel witn an invoice at #h� time the vehicle is delivered to the Auto Pound tagether with tF�e signed wrecker selection form to be provided. Ti�r wrecicer g Pa�;e 8 of I 2 7. TERMINATION AND SUSPENSION 7,9 This cantract may be terminated or suspended by the City for any of the fallowing causes: a} Violation of any term or co�di�ion specifiied in tnis contract. b) Failure to notify the CommunEcafions Divisio� of the Po[ice Department within fifteen (15} minutes from the time of notificafion if the Company will be unable ta respond within the thirty (30) minutes allotted for a response to a wrecker call. c} Permitting a tow truck to be operated by anyone while under the influence of alcohol andlor drugs. d) Permitting a tow 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 personn�l of Company while acting in their capacity as employees of Company, whether occurring during a police pull or otherwise. g) Any sustained complaint of threats made by personnef of the Company while acting in their capacity as employees of Company made against fhird parties during a pofice pull or otherwise. h) Failing to comply wifh all directions of police personne{ at th� scene of a polic� pull or ci�ilian or police perso�nel at the Police Auto Pound. Company may req�est a police 5upervisor to validafe any such direction given. i} Fai�ure ta comply with any state or federal law or city ordinance relafed to the op�ration of a wrecker company. j) Five (5) passes within a thirty (30) day period. Pass in this paragraph shall mean Company fai[ing io notify the City of its inability to respond to a request for service as required by �aragraph 2 above. Tilt 1Vrecker (� Page 9 aF 12 k) Ten ��4} �asses wifhin a thirty (30) day p�riod. Pass in this paragraph shall mean a Campany notifyi�g the City of its inability to respond to a request for service as required by paragraph 2 abo�e. I) Violation of any rule or regulation contained in Exhibit "A" attached hereto. 7.2 City shall notify Company in wrifing of its intent to terminate or sus�end for cause twenty (2Q) days prior to such suspension or termination. Company shall hav� the righf to r�quest a hearing before the Chief of Police or his designee regarding th� int�nt to terminate or sus�end for cause by requesting a hearing in writing wifhin five {5) business days after receiPt of notice of intent to �erminate ar sus�end. A h�aring shall be cond�c#ed within fifteen (15) days of the request �For hearing. T�e City, in its sole discretion, may temporarily suspend this contract during any appeals �rocess. 7.3 In the event this contract is suspended for cause, the suspe�sion sha[I be for a peria� of fime of not less than six (6) months nor more thar� twelve (12) months. 7.4 ]n the e�ent City suspends ar terminates tF�is contract #or cause, and the cause for such suspension or termination is determined fo be invafid, Company's sale reme�y shall be reinstafiement ofi this contract. Company expressly waives any and all rigE�ts to monetary damages, including but not limited to actual and punitive damag�s, court costs and a�torney's fees. 8. INDEMN1FlCATION With regard to any fiability which might arise hereunder, City and Customer agree thafi they shal] be solely and exclusively liabl� for th� negligence af its own agents, serv�nts, subcontractors and employees and that neither party shall lao�C ta the other party to save or hold it harmless for the consequences of any negligence on t�e part of one of its own agent, servant, subcontractor or emplayee. Nothing cantained h�r�in shall be consfrued to b� a waiver by Ci#y of any right of protection that it �njoys under applicable Stafe or Federal law. "filt Wrecker 1� Page 10 oF l2 � � ASSIGNMENT Company shall not assign, transfer ar sublet this Cantract or any portion hereof to any party without t�e prior written consent af City tnat shafl not be unreasonably withheld. Any such assignment, transfer or subletting of this Contract shall be void and shal� operate as a termination hereof. 10. ZONES AND ROTATION LIST A. Ci#y shall divide the city inta four (4} zones that shall correspond to the faUr (4) patrol divisians. Company sha{I be assigned ta the zone or an adjacent zone in which it maintains its principal place of business. B. City shall create a rofaiian list within each of the four (4) zo�es that will dictafe tt�e order in which wrecCcer companies are contacted. C. City may request Company to conduct a police pull within any zane, and Company agrees to use its best efforts to arrive at t�e scene of the police ptall within thirty (30} minufes. 11. 1NDEPENDENT CONTRACTOR It is ur�d�rstaad ar�d a�reed �y the parties hereto that Company shall perform aIl wor�C and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of th� City. Company shall i�ave exclusive control of and the exclusive right to control the details of the work or service to be perFormed hereunder, ar�d all persons performing same on behalf of Company, and shall be sole�y responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The dactrine of respondeat sup�rior snall not apply as beiween the City and Company, its officers, agents, servants, �mployees, cantractors and subcontractors, and nothing herein shall be construed as creating a partnership or jaint venture between the par�ies hereto. In witness whereaf, the parties hereto have executed this Contract on th� 1 ��� day of ��! , 20�_3. � Tilt Wrecker Pagc 1 ! of 12 1� ATTEST: � ��� � I a Pearson JI �ity Secretary APPROVED AS TO FORM AND LEGALITY � " Assistant City Att�rney ATTEST: Corporate Secretary Tilt Wrecker Pnge f 2 pf 12 CIT.Y rC� FORT W(�tTH By: ; _ : '.;� _: - ' �ibby �son Assistan# City I�/lanager � - � � � 1 � —� r TI . � i c�o�itract Au�hori,z �} on _....�.� � } ' -_-___ f -- �� �-� Date Thomas Towinq ]nc. (Company Name) - �" By: � - J .P1. Thomas, President 12 ���.��� �� �. 1��J`�'� ��TTI�T� '�'i:e ��l�or�v��g r�les �e�� �eg�s�a�ions v�il� �e �oi➢owed �y �.J� Wrec�er ��mnpanies �apon arrivnl �t the Auta Pound. 1. Tlae e�atxy gate will not be b4ociced by wreckers waitiizg to enter or exit t�e Auta Potu�d. 2. Na wrecker s11a11 enter �he Anto Pound witl� �nora t�ian one (1) personloperator, ui�less authorized l�y �iie oil duty shift su��ezvisor. This will be do��e on a case by case b�.sis. 3. For safety reasons, a Car Carrier will be requi�ed to o�f laad tl�eir carga wlien �ossibl�. Tl�is shall Ue detei7�ined Uy �e on duty supe�visar. 4. I�iveritories shQuld �e l�andled i� a�1 expeditious �na.nner when �ossib�e. Hovvever, Auto Pound persoi�ael are required �o do a coinplete and precise inveutazy of all propei-ty a�d ve�licles, A specific tzr�e fiame would Ue iinpossible to ian.stitute. 5. No ,w�recicer clriverJoperatnr will assist witl7 azry inventary bein� conducted by Auto Pound persoimel. b. T11� use of Car Cai-�-ier-s, extra time, extra eq�iipa�ient, etc., sha7l �ae suUject to approval vy the Wreelcer Adininist�ator ar Aufo Potiuic� Slipel-visnr. 7. Wrecker dnvers/operatorslo�vi�ers s�7a11 Ue required to follow any directiails or instructio�is given Uy Aufo �onnd personn��. � 8. Wrecicer Compaz�y Owizers shall assist and comply wi�l� aily investigation perfonned by Auto Pound personnel or the Fort Wort11 Pa�ice De�artinent in regards to tl�ei� company, dri�er, operator and or business wi�hout hesitation. 9. Vi�Iatioils of any of the above iules shal� l�e subject to review l�y ihe Wrecicer Admil�.istrator or Auto Pound S�tpervisor. T�ie Auto �'ott��.d Sltpervisor or a hig�er 1�vel of coiunland may deteniiine disciplinary action up to aud izicluding te�731ii�atioii of coilt�act, C'ity o,f'�o�i Wo�th, T'exas ���� ��d ���ncyQ ��m���i���;�r� DATE R�F:�R�IVCE NUMBER LOG NAME PAGE 4f8103 �.�� ���,�, 3�T�WS � of 2 SUBJECT SUPPLEMENTAL APP�QPRIATION ORDINANCE AND CONTRACTS F'OR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULT[PLE '��ENDORS REQUIRED BY CITY ORD[NANCE F�R THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Cauncil: Authorize cantracts for Police Depar�meni requested non-consent towing of wrecked or abandoned rrehicles from multip{e vendors as required by Section 34-1$1 of t�e Code of the City of Fort Worth (1986), as amended; and � 2. Authori�e the contracts ta begin April S, 2003, and expire September 30, 2003, with options fa renew for faur additional one-year �eriods; and 3. Adopt #he aitached supplementa� appfopriatio�t ordinance increasing esiimated r�eeipts and appropriations by $446,944 in the Genera[ Fund from available funds. DISCUS510N: Section 3A�-9 81 of �he Cade of the Ci#y �'f Fart Worth �1986}, as amended, required that all paEice department, non-conser�t tows, shal[ be underfiaken pursuant ta contract, specifically executed between the City and a wrecker company. The Public Safety Committee extensively re�i�wed #he new rates and unanimousfy approved this recommendation on Marc� 25, 2p03. T�ere are three types o# contracts a�d rates as follows: • Standard tow trucks $TQO • Tilt bedlrollback fow trucks $125 • Tandem tow trucks $180 Contracts will be executed with any vendor desiring to perfarm non-eonsent tows for the Police Depar�ment, if they meet the contract requirements such as towing operations being the ven�ors primary business, equipment specifications, insurance, and a locally licensed storage facility. The fees far services to be pro�ided and assi�nment to one of four zones are the sam� as contained by City Code. The estimated expenditure for these s�ruices is $1.8 mil�ion per year including the artticipated ir�crease {of $446,944) fior the remainder of t�e fiscal year based on th� r�uised rates. This increase will be offset by re�enue coliected as fees. RENEWAL OPTf�NS - These contracts may be renewed for up ta four successi�e one-year ferms at the City's aption. This action does not requi�e specific City Council approvaf pro�ided the City Council C`ity o_ f�'ort Wo�tri, T'exas �y�� ��t� �,�����[ ����u�rn���t��� DATE RE�'EF2ENC� IVl1MB�R I LOG NAME 35TOW5 PAGE 2 Of 2 4/8I�3 ��� 9�44 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND C�NTRACTS FOR N�N- C�NSENT TDWING OF WRECKE� OR ABANDONE� VEHICLES FROM MIJLTIPLE VENDORS REQUIRED BY CITY ORDI�IANCE FOR THE POLICE DEPARTfVIENT has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies tha# upon appro�al and cample#ion of the abaue recommendations and the adoption af the attached supplemental apprapriatian ordinance, funds will be available in the current operating budget, as apprapriated, of the General Fund. LW:r SubmitEed for City Manager's Oflice by: Lihby Watson Originating Department Head: Ralph Mandoza Additiona] lnformation Contact: Susan Alanis I FUND � ACCOUIV'1' I C�NTER I (to) � GG01 539120 Q3534Q3 6183 I GG�1 462624 0353403 � 48386 I {from) IGG01 53912� 0353403 � 75262 I I ANIOUN'I' $446,944 AO $446,944.A0 $446,944,QD CI'I'Y SECRETARY APPROVEI� 04/08/03 ORD.# 15517