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HomeMy WebLinkAboutContract 28595, . � �IiY S��R��"i4�Y g� �QN�RAGi f�fl . _ o� / � CONTRACT FOR TOW TRIJCK SERVICE (STANDARD SERVICE) WHEREAS, the City of Fort Worth occasionalfy requires fhe services of tow trucks; and VIIHEREAS, such tow truck services are necessary to profiect the safety of the citizens of the City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Far� Worth, hereinafter referred to as "City", acting herei� by and through Libby Watson, its duly authorized Assisfant City Manage�-, and Tow Op Svstems inc. dba A�vanced Towinq Services Inc. , hereinafter referred to as "Company", acfing herein by and thraugh Javice E Holcomb , its dufy authorized President , agree as follows: � SERVICES City h�re6y contracts with Company to provide police pu[l towing service. As used herein, "poliee pull" shall mean that the Fart Worth Police Deparim�;nt has called Company from the rotation list to either remo�e a wrecked or disabled veY�icle or tq remove a vehicle in a safie driving condition, but the owner is not present, able or permitted to drive or to make aut�orizations. 2. TERM The initial term of this contrac� shall expire on September 30, 2003. In addition to t�e initial term of this contract, th�re shall be four options to renew for terms of one year each, unless earlier terminated as hereinafter �ro�ided. Renewal shall occur upon Cify inciuding in its budget for t�e options years sufficient funds to pay for its obligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.1 Compe�sation. As compensation for providin� -:t�� cantemplated by this Contract, City agrees to pay Company as �aN'�uvcr� I i� a� . �_��� ��� ` � -- - a) Tawaqe. A charg� of One hundred Dollars ($100.00) for towing such vehicle firom on� point on a street to anotner location within the corporate limits of the city as directed by the police department at the �lace where th� tow originated; such eharge incfudes ane-half hour of extra work. b} S�cond tow truck. In the event the police officer at the scene det�rmines that a second tow truck is required, a charge of One h�ndred dollars {$100.OD) per hour, with a minimum charge of ane �our, billed in increments of fifteen (15} minutes wf�ile at the scene of the police pull. A police supervisor shall approve the use of a second tow truck. Travel time is excluded. c) Extra work. An additional charge of one hundred dollars ($� 00.00} �er haur, with a minimum charge of one hour, charged in increments of fifteen (15} minut�s, for removing vehicEes that are off t�e street right-of-way, such charge to be made from the time the operatar begins fo remove the vehicle until it is on the traveled partion af the streef. E��n thougY� the vehic[e is within the street right-of-way, an additional charge may be made if the vehic[e �s located in some unusual co�dition within 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 allouved wh�n authorized by a police officer at the scene of tf�� pull. The charges for such extra work shall be reviewed and approved by the Auto Poun� Wrecker Administrator. Extra wark excludes travel time, waiting time and clean�up time. d} Use of a dolly, No additional fee shall be charged for the use of a dolly. e} Handlinq hazardaus materials. When the cargo of any mofor vehicle or trailer include5 explosive, nuclear, radioactive, hazardous or corrosive materiais, as defined by fh� Environmental Protection Age�cy, Texas Depa�ment flf Transportation, or the Texas Commission on Environmental Quality, a fee equal to one hundred-fifty (150) percent of the charges which may b� ass�ssed pursuant to subparagraph "a" abave. In addition, a charge may be made for expenses incurred related to protective clothing and any 5taitdard Wrecker 2 Page 2 of l2 , other supplies or equipment used in handling such materials, such cY�arge being equal to the actual amaunts incurred plus fifteen (15} percent, f) Nothing contained herein sE�all be canstrued so as ta obligate City to expend any sums of maney. Further, nothing cantained herein shall be construed so as to guarant�e to Company that Ci�y will contact Company for any fowing services contemplated by this Contract. 3.2 Invaicinq and Pavment. Company� shall lnvoice City once per month. Company shall include with the invoice such documents as may be reasonably requested ta �rovide evidence af the services provided to the Cify, which at a minimum shall includ� copies of the wr�cker selection form signed by the officer at fhe scene of the police pull andlor personne[ at the �ort Worth Auto Paund. Such invoice shall be 5ubject to the review and approval of appropriate City personnel. City shall remit payment to Company not more than thirty (30) days following approval of invoice. 3.3 Camp�nsation Review. City shall re�iew on an annual basis the compensation provided for hereunder, with the �irst such review to be conducted during the montY� of August 2003. Similar re�iews shall occur in August of each succeeding year that this contract is in effeet. City shall make adjustments in the compensation based upon increases or decreases in the cost of doing business, taking into consideratian fuel, ins�rance, labor, and such other costs as may be relevant to the operation of a tawing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shal! maintain at all times the following �ehicfes and equipment in working condition: a} A minimUm of two (2) wreckers, one of which shall be nat less than 14,D00 pounds gross vehicle weight and one of which shall be nof less than 1 a,aDO pounds gross vehicle w�ight, dual r�ar wheels, equipped wifh a hydraulic opera#ed winch, winch lines, and a boom rated at nof less than 8,OOQ pound lift capacity and a wi�eel lift device rated at not I�ss than 2,5Q0 pounds. Standard Wrecke�� 1'age 3 af ]2 � b} At a minimum, all wreckers sha[I be equipped with the follawing equipment, which at a[I times shall be maintained in working order: 1) 2) 3) 4} 5) 6} 7) 8) 9) 10) 1�) 12) 13j 14) Tow �ar Towing iights Emergency overhead warning lights (red or amber color only) Safeiy chain Fire extinguisher, A.B.C. Type Wrecking �ar B room Ax Shove{ Reflectors or irafific canes Trash container Two way voice or computer communica#ion between tow truck and Campany dispatcher Backing warning signal Wheel chocks c) Each wr�cker shall have the identifying markings required by the Texas Transportation Code, sectian 642.pD2. In addition, each wrecker shali provide Notice of Complaint Procedures ta the owner of a towed vehicle as outlined by the Texas Department af Transpor�atian Rules and Regulations as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended fram time to time. d) Each tow truck and the required equipment shall be inspected by th� Chi�f of Police or his a�thorized designee �rior to being used for services contemplated by this contract. In addition, each tow truck ar�d the required equipmeni shall be subject to intermittent inspection to assure compliance with this contract. Staiidard Wrecker 4, Page 4 of 12 5. INSURANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to City of the following types and amounts: 5.� Commercia� General �iability $50Q,000 each occurrence $50D,aQ0 aggregate or Carage l.iability $500,OOD each accident, ather fhan auta $500,000 aggregate 5,2 Automobile �iability $50D,000 each acci�ent, combined single limit This coverage shall include all vehicles awned ar non-owned �hat are operating un�er Company's aperating authority. 5.3 CargolOnoHoo� $30,000 per unit Co�erage sha[I include both the ur�it being towed and its contents. Units covered shall include but not b� limited to motor vehicles, trailers and boats. Coverage shafl be written on a direct primary basis. 5.4 GARAGEKEEPER'S LIABIL[TY $3Q,OQ0 per unit 5.5 VIlor�er's CompensationlAccident [nsurance Coverage shall meet the minimum requirements of state law as can- tained in the Motor Carrier Rules and Regt�lations. 5.6 Current insurance certificates shaq remain on file with the City during the term of this Contract. Insurance coverage may, at the sol� discretion of the City, be revised upwar� upon fhirty (3Q) days prior written notEce to Company. Polici�s shall be endorsed as fo[�aws: Standard Wrecker Pagc 5 of l2 �� J a) The City, its officers, employees and servants shall be endorsed as an addifiana[ insured o� all policies except employer's liability insurance coverage under the workers' compensation insurance policy. b) Certificates of insurance shall be delivered to the supervisor of the City of Fort Worth Auto Pound, 1301 E. Northsi�e Dri�e, Fort Worth, TX 76102, prior to any wark being performed under this contract. c) Any failt�re on part of the City to request reqt�ired insurance documentation shafl not constitute a wai�er of ihe insurance requirements specified herein. d} Each insurance policy shall be endorsed to pro�i�e the City a minimum thirty days �otice of cancellafior�, non-renewa[, andlor material change in policy terms or coverage, A ten days natice shall �e accepiab[� in the event ofi non-payment of premium. e) Insurers must be authorized ta do �usiness in fhe Stat� of Texas and have a current A.M. Best ratir�g of A: VIf or equivai�nt measure of financial strength and solvency. f) Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g) Other tnan worker's compensafiion insurance, in lieu ofi traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Cify mUst approve in writing any alternati�e coverage. }�) Workers' compensation insurance policy(s) covering employees shall be endorsed with a waiver of subrogation providing rights of r�cov�ry in favor of the City. i) City shall not be responsible for the direct payment of insurance premium casts. j) Insurar�ce policies sha11 each be endors�d fo provide that such insurance is primary pratection and any s�lf-funded or commercial coverage maintained by City shall not be called upon to contribufe to loss reco�ery. 5tanckard Wrccker Page G uf ] 2 6 � s k) Company shall report, in a timely manner, to City's officially designafed contract administrator any known loss occurrence which could give rise to a Iiability c�aim or lawsuit or which could result in a property loss. i) Company's liability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Company shall pravide complete copies of all insurance policies required by these cantract documents. 5.7 ln the e�en� a state or fed�ral law, rule or regulation per�aining to wrecker service companies operating within the State of Texas exceed insurance requirements specified nerein, such state or federal law, rule or regulation s�all prevail for the respective type of insurance coverage and/ar limit thereof. . 6. DUTlES AND RESPONSiBIL.ITIES OF COMPANY Company, during the term of this contract, shalE perform the fol�owir�g duties and ha�e the following responsibilities: a) IVlaintain as i#s primary business the tawing of �ehicles or trail�rs by wreckers meeting the requirements of paragraphs 4{a} and 4(b) abov�. "Primary business" shall mean that Company receives more than fifty p�r�c�nt (50%) of it gross revenues from the tawing of vehicles and frailers. All of com}�arty's records shall be open to reasonable inspection, both at the time of �x�cution of this agreement and at any time during �he term hereof, to verify compliance with this condition. b) Maintain a currently licensed vehicle storage facility [ocated within the corporate limits of the City. "Vehicle starage fac[lity" shall m�an a facility op�rafed by a person licensed under Article 6687-9a, Revised Statutes. c) Maintain business operation twenty-four (24} hours a day, seven days per week. d) Respond to all calls contemplated by this con#racf within thirty {30) minu#es of notificat�on, except in extraardinary si#uations wh�r� delay is caused by ice, snow or other weather relate� conditions. In the evenf Company fails to respond as required, City may notify another wrecker campany and Company 5tandard Wrecker 7 Page7oF12 7. TERMINATION AND SUSPENSIO�1 shall not be entitled to the compensation to which it would have been entitled had if arrived timely. e) Maintain on fiile wit� the City the name of the owner, �resident or chief executive afficer, business address, and telephone number; fiurkher, Company sh�l1 natify the City of any cnange of ownership, president or chief executive officer, or change of address within f�ve (a) �busirtess days of any such change. f) Deliver th� motor vehicle being towed to the location withir� the corporate limits af City designated by the police officer at the scene of the pulf. Delivery sha1� be made without delay or detour. g) Fully coo�erate with any investigation condueted by #he City regarding complaints againsf Company, whether or not such complaints arise out of services contemplated by this Contract. h) Shall not become delinquent in the payment of any taxes due to City. i) Shall not go to any accident scene un[ess the Company has bee� calied to the scene by the owner or operator of a vehicle or an authorized representative of same, or by t�e C�ty. j} Completeiy remove all debris resulting from any accid�nt to Lvhich the Company is responding. Removal of debris shall not be considered complete by mereiy sweeping it to the cur�line. k) Shall not solicit any wrecker business within the corporate limits of City at the scene of a wrecked or �isabled �ehicle, regardless of whe�her �he solicitation is for the purpose of soliciting the business of towing, repairing, wrecking, sforing, trading, or purchasing t�e �ehicle. I} Shall only employ driv�rs of tow trucks authorized to operate same. m) Pravide the Police Pound personnel with an invoice at the time tY�e vehicle is de�ivered to the Auto Pound together with tf�� signed wrecker selectio� form to be provided. 7.1 T�is contract may be terminated or suspended by City for any of the following causes: Standard Wrecke� I'age 8 of 12 : a) Violatian of any term andlor conditian sp�cified in this contract. �) Failure to notify the Communications Division of the Police Department within fifteen {15) minutes from the time of notification if the Company will be unable to respond within the thirty (30} minutes allotted for a response to a ca[1 for wrecker service. c) P�rmit�ing a tow truck ta be op�rated by anyone while under the influence of alcohol andlor drugs. d) Permitiing a tow tr�ack ta be operated by anyone whose operator's license is suspended. e) Transferring or ass�gning any call for service to any other company f) Any sustained complaint of �heft by persannel of Company while acting in their capacity as emplayees of Camparty, whether occurring during a police pul{ or otherwise. g) Any sustained camplaint af threats made �y personnel of the Company while acting in their capaci�y as emplayees of Company made against third parties during a police pull or otherwise. h} Failing to comply wifh all directions of �aofice persannel at the scene of a police pull or civilian employee at the Police Pound. Campany may request a police supervisor to validate any such directian given. i) Five {5) passes within a thiriy (30) day period. Pass in this paragraph shal[ mea� Company failing to notify the Cify of its inability to respond to a r�qu�st for service as required by paragraph 2 above. j} Ten (10} passes within a fhirty (30) day period. Pass in this paragraph shall mean a Company notifying fhe City of its inabi[ity to respond ta a request for service as r�quir�d by paragraph 2 above. k} Viofation of any rule or regulation contained in Exhibit "A" attached hereto. I) Failure to comp[y with any state ar federal law or city ordinance related to the operation of a wrecker company. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (20} �ays �rior to such suspension ar termination. Company shall have tf�e right fa request a hearing before the Chief of Police or his designee Standaed Wrecker Page9oi'12 � regarding the intent to terminate or suspend for cause by requestin� a hearing in writi�g within five (5) business days after receipt of notice of intent to terminate or suspend. A hearing shall be conducted within fiifteen (15) days of the request for h�aring. The City, in its sole discrefiion, may temporarily suspend this contract during any appeais process. 7.3 fn the event this contract is suspended for cause, the suspension snall be for a period of time of nof less than six �G) months r�or more than twelve {12) months. 7.4 In the event City suspends or terminates this contract for cause, and the cause for such suspensian or termination is �etermined ta �e invalid, Company's sole remedy s�all be reinstatement of this contract. Company expressiy waives any and all rights �a mone�ary damages, including but not limited ta actual and puniti�e damages, court costs and attar�ey"s f��s, 8. INDEMNIFICATION With regard to any lia�ility which might arise hereunder, City and Company agree that they shall be soEely and exclusive�y liable �or the neglige�ce of its owrt agents, servants, subcontractors and employees an� that neither party shalE fook ta the other party ta save or hold it harmless far the consequences of any ne�lig�nce on the part of one of its own agent, servant, subcontractor or employee. Nathing contained h�rein shall be construed to be a waiver by City af any right of protection thai it enjoys under appficabfe State or Federal law. 9. ASSIGNMENT Company shali not assign, transfe� or sublet this Contract or any portion hereof to any party without the prior written consent of City tf��t shall nat be unreasonably withheld. Any such assignment, transfer or subletting of this Contract without the consent of the City shall be void and shall operate as a termination hereof, 3tandarcl 1�lrecicer � � Puge ]Q af l2 e 10. ZONES AND ROTATION LIST 10.1 City shall di�ide the cify into four (4} zones that shall correspond to the four (4) patrol divisions. Company shall be assigned to the zone or an adjacent zane in which it maintains its principal pface of business. 10.2 City snall creaie a rotatian list within eacf� af the four {4} zor�es that will dictate the order in which wrecker campanies are contacted. 90.3 City may request Company to conduct a police pull within any zone, and Company agrees to use its best effarts to arrive af the scene of fhe police tow within thirty (3�) minutes. �1. INDEPENDENT CONTRACTOR lt is understood and agreed by the parties hereto that Company shall perform all work and services hereunder as an independent cantractor, a�d not as an officer, agent, servant or employee of the Cify. Company shall ha�e exclusive control of and the exclusive right to contral the details of th� work or service to be performed hereunder, and all persons pe�forming same on behalf of Company, and shall be solely responsible far the acts and omissions of its ofFicers, agents, servants, employees, confractars, subcontractors, lic�nsees and invifees. The doctrine ofi respon�eat superior shall not apply as between the City and Company, its officers, agents, servants, employees, confractors and subcontractors, and nothin� f�erein shall be constru�d as creating a par�nership or joint venture between, the parties hereto. SLandard Wrecker 11 Page l i oF f 2 r In witness whereof, the parties hereto have executed this Contract on the ���� day of , 20Q� ATTEST: � CITY C�,� FORT WOF,?TH �.e�l���� By: � � �. � � � Glo�ia Pearson �.ibby W�on City Secrefary � Assistant City Manager � f '� __, �-" i_• i'r► . _ , , � .� - APPROVED AS TO �ORM;����.�ct Autharia�t�on p AND LEGALITY � �� t �, � � '- -�� .,w�.. --- ..- __- --- � 1� ���� Assistant City Atforney ATTEST: Corporat� S�cretary Tow Op Svstems Inc.. dba Advanced Towinq Svstem �nC. (Company Name) BJ/: ,, , � . , Joyc� E Hu[comb, Presider�t �v���'��1n� �S��U��� ��� ����I� �`��� k` ��e :���''V ���) Y �G�: Standard Wrecker P�ge 12 of 12 12 ��.� ��� � � ���� ����� '�'l�e f��lawi�� r��e5 �s�� �reg���t�oYis �vil� l�e �oY�owec� by AY.]L �recl�er Ca�npanies upon �rri�al mt tb,e Auto Pound. . 1. The eiltry gate will not be blociced by wrecicers waiting to enter or �xit the Auto P011Tltl. 2. No �wrecker shall enter tl�,e Auio Poluzd vvifl� mare thai�. one (1) personloperator, unless authorized by tlze oi1 d�ty shift s�t�eivisor. Tl�s �wi11 be done on a case by case basis. �. For safeiy reasons, a Ca�• Can-ier wzll be requ�'ed ta aff load their ca.rgo wl�en po�sible. Tlus shall Uc date�azuled vy �e o�1 dLrty supe�visor. 4. Inveiltories s�ioL�Id be handled in an expeditious mariner vvhei� �ossible. Hawever, Auto Pou3�d }�ersaiulel aie required to do a coinplete and precise inventary of all pro�erty and vehic�es. A specific time �-ame vvould Ue impossible to institute. S. No wrecicer driver/o�erator r�ill assist vvitl� a�1y u1v�rlto�y beiz�g cozlducted by Auto Pound �ersonnel. 6. Tl�e use af Car Cai7�iers, extra time, extra equipi�ent, etc., �1�all be suUject to approval by tlae �TVzecker Adi�ustrator or Auta Pound �upei-visor. 7. Wrecl�er dii�ersloperatorslawilers shall Ue requared to follow any directians or ii1s�•uctio�is given by Auto Pa�uid p�rsoimel. � S. Wxecl�er Compar�y Owners shall assist and coin�Iy vrith a��y inves�igatzon �erfori�ed �y Auta Pound personr��l a� the Fort Woi-th �olioe De�art�ne�t in ragaxds �o their co�npany, driver, aperator and or business withoLit hesitation. 9. Violatio�s of any of tl�e above iti�es sl�all Ue suUject to review by the Wrecicer Ad1I1II]1Stl'atOT OT AL1t0 P01117.(� SLipE1"V150�'. The Auto Pvui�d Sn}�ervisar or a lugher level of comunaizd n�ay deteilnine discipliiia�y ac�ion up to a�id inclLtdi�g tennii�atian of contract. �`l � D� �''D�"� �O�'t�li T'e.7��S ���� ��� ������� ������������� DATE REFERENCE NUMBER LOG NAME 4�$ro3 C�19��4 35TOWS PAG E 1 of 2 S[1BJECT SUPPLEMENTAL APPROPRIATION ORDINA�iGE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE V'ENDORS REQUIRED BY ClTY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City CounciL 1. Aufihorize contracts for Palice Departmenf requested nan-consen# to►+ving�of wrecked or abandaned vehi.cles from multipl� �endors as re�uired by 5ection 34-181 of the Code of the City of Fort Worth (9986), as amended; and , 2, AutY�orize the contrac�s �� begin April 8, 2fl03, and expire 5eptember 3d, 2003, with options to I renew for four additionai one-year periods; and ; � 3. Adopt the attached suppiemental apprapriation ordinance increasing estimated receipts and � appropriations by $446,944 i� the General Fund from a�ailable fUnds. ; i D15CUSSION: ' , Section 34-181 of the Code of the City af For� Wo�th (1986), as amended, reau�red that ail police � depar�men#, non-consent tows, shall be un�ertaken purs�anf to contract, specificall� executed be#ween the City and a wrecker campany. The Public 5afety Committee extensi�ely reviewed the new rates and unanimously appraved this recommendation an March 25, 2003. There are three types ofi contracts and rates as follows: � Standard tow truc�Cs � Tilt b�dlrollback taw #rucks p Tand�m taw firucks $100 $125 $180 Contracts will b� executed with any vendor desiring to pertorm non-consent tows for th� Police Department, if they meet the contract requirements such as tawing operations being the vendors primary business, equipme�t specifications, insurance, and a lacally licensed storage facility. The fees for services to be pro�ided and assignment fo one of four zones are the same as contained by City Code. The estimated expenditure for these services is $1.8 mi�lian per y�ar including the an�icipafed increase (a# $446,944} for the remainder af the fiscal year based on the re�ised rates. This increase will b� offset by revenue collected as fees. REN�WAL OPTIONS - These contracts may be renewed fflr up to four successive one-y�ar t�rms afi the City's aption. This action does not requir� specific City Cauncil approval pro�ided the City Council �`ity of 1�"ort �'a�th� Texas c��c�� �n� �����;1 �����r����t��� DATE REF�f2�NCE Nl1MBER LOG NAM� �'AGE �418/03 ��� g��� 35TOWS 2 of 2 SUHJEC7 SUPPLEMENTAL APPROPR1ATiON ORDlNANCE AND C�NTRACTS FOR NON- CONSENT T�WING OF WRECKED OR ABANDO�IED VEHICLES FROM MULTIPLE VEND�RS REQUIRED BY CITY �RDINANCE F�R THE P�LICE DEPARTMENT has appropriated s�fficient funds ta satisfy the City's obligation during the renewal term. FISCAI. I NFORMATIONICERTI FICATIO N: The Finance Director certifies that upon appro�al and campletion of the a�o�e recommendaiions and the adaptian of the attached supplemental appropriation ordinance, funds will be available in tf�e curr�nt operating budget, as appropriated, of the General Fund. LW:r Su6mitted for City Manager's Office by: I �' ��'A I �CCDUNT I CENT�R � (to} I GG01 539'!20 0353403 G183 I GG01 462824 Q353403 I AMOUNT C]TY SECAETARY �,ihhy Watsan briginating Department Head: Ralph Mendoz,a AdditionRl in%rmation Contact: Susan Al�is 4$386 I (froin) GG01 539120 D353403 � 782b2 � $446,944.00 $446, 944.00 � A1'PROVED 04/48/03 $446,944.00 � ORD.# 15517