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HomeMy WebLinkAboutContract 28597� � ci�v ��c������ c�r� ��� �����-� n�e� _ .����� _ . � CONTRACT FOR TOW TRUCK SERVICE (TILT BEDIROLL BACK} WHEREAS, the City of Fort Worth occasionally requires the services of tow trucks; an� WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the City of Fori Worth, NOVI1, THEREFORE, KNOW ALL BY THESE PRESENTS: The City ofi Fort Workh, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Bivir�s Wrecker Service Inc., hereinafter referred to as "Company", acting herein �y and through Billv Heiser, its duly authorized President, agree as follows: 1. SERViCES City hereby contracts with Company to provide police pull towing service. As used her�in, "police pull" shall mean that the Fort Worth Police Department has cal[ed Company from the rotation list to either remo�e a wrecked or disabled vehicl� or to r�move a vehicle in a safe driving condit�on, but the owner is not present, able or permitted to drive or to make authorizations. 2. TERM Th� initial term of this contract shall expire on September 30, 2003. In addition to the initial term of this contract, there shall be four options to renew for - terms of one year each, unl�ss earfier terminated as hereinafter provided. R�newal shall occur upon City including in its budget for the op#ions yea�s sufficient funds to pay for its obligations hereunder and Company providing proof of insurance to City. 3. C�MPENSATION 3.1 Cpmpensation. As compensation for providing tF�e services contemplated by this Contract, City agrees to pay Company as follows: � , a) Towaa�. A charge of one hundred twenty fiive dallars ($125.0�) for towing such vehicl� from one point on a street to another location within ihe co��orate limits of fhe city as directed by the police officer at the �lace where the tow originated; such charge incEudes ane-half hour of Extra Wark. In the event Company responds to the scene af a police pull with a filt be�lroll back fruck when the police pul� could have b�en accomp[ish�;d with a sfandard tow truck, Company shall �e entitled to �he r�duced charge of One hundred dollars ($100.00). b) Second taw vehicle. In tfi�e e�ent the police officer at the scene determines that a standard taw vehicle is required in addition ta the tilf bedlroll back truck, a charge of One hundred Dollars ($100.00} per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes whil� at the scene of the police pul1. A police supervisor shall approve the use of a second tow truck. Trave! time is excluded. c) Extra work. An additional charge of One hundr�d dollars ($100A0) per hour, wi#h a minimum charge af one hour, charged in increments of fiffeen (15} minutes, for removing vehicles that are off the street right-of-way, such cY�arge to be made from the time the operator begir�s to remove the venicle tanti! it is on the traveled portian of the street. Even tf�ough the vehicle is within the str�et right-af-way, an additior�al char�e may be made if the vehicle is located in some unusual condition within the right-of-way, such as, but not limited to, a river or a creek bed or a�itch of greater depth than the ordinary bar ditch. Extra wark shall only be allowed when autharized by a police afficer at the scene of fhe pull. The charges for such e�c#ra work shall be reviewed and approved by the Auto Pound Wrec�Cer P�dministrator. Extra work excludes trav�l time, waiting #ime, and cl�an-up tim�. d) Handlina hazarda�s matsrials. When #he cargo of any motor vehicle ar trailer includes explosive, nuclear, radioactiv�, f�azardo�s or corrosive materials, as defined by the Environmer�tal Protection Ag�ncy, Texas Depar�ment of Transportation, or th� T�xas Commissian on Environmental Quality, a fee equal to one hundred-fifty (150) percent of the charges 't';tt 1Nrecke,• � Page 2 of 12 � ti permitted under subparagraph "a" abave. In addition, a charge may �e made for expenses incurred related to protective clothing and any oth�r suppli�s ar equipment used in handling such mat�rials, such charge being equal to the actual amounts incurred p�us fif#��n (15) percent. e} Nafhing cantained herein shall be construed so as to obligate City to exp�nd any s�ms of money except far work actually performed. Further, nothi�g contained herein shall be canstrued so as to guarantee tha# City wil[ contact Company far any towing service cantemplated by this Contrac#. 3.2 Invoicinq and Payment. Company shall Invoice City once per month. Company shall include with the invoice such documents as may be reasona�ly requested to provide evidence of the services provided to the City, which af a minimum shall include copies of the wrecicer selection form signed by the afficer at the scene of the police pull an�lor personnel at the Fort Worth Aufo Pound. Such [nvoice shall be subject to the review and approval of appropriate CEty persannel. City shall remit payment to Company not more than thiriy (30} days following approval af in�oice. 3.3 Com�ensation Review, City st�all review on an annual E�asis the compensation pra�ided far hereunder, with the first such review to be canducted during the manth of August 2003. Simifar re�iews shall occur in August of each succeeding year that this contract is in effect. City shall make adjusfinents in the compensation based upon increases or decreases in ihe cost of doing business, takir�g into consideration fuel, insurance, iabor, and such ather costs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the following vehicles and �quipment in working condition: a) A minimum of one {1) tilt bedlro[I back dual rear wheel wrecker rated at not less than 14,000 pounds gross vehicle weight. b) Ai a minimum, all wreckers shall be equipped with the following equipment, which af all times shall be mainfained in working order: Tilt Wrecicer Pagc 3 of l2 3 [ 1 1) 2) 3) 4) 5) 6) 7) 8) 9} 10) 11) 12) 13} 14) 15} Tow bar Towing lights Emergency overhea� warning lights {red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors or traffic cones Trash container . Two way voice or comput�r communication between tow truck and Campany dispatcher Backing warning signals Wheel chocks Traffic cones c) Each wrecker shalf have the identifying markings required by the Texas Transportation Cade, section 642.002. In addition, each wrecker shall provide Notice of Complainf Procedures to the owner af a towed vehicle as outlined by the Texas Deparkment of Transpartafian Rufes and Regulations as contained in 43 Texas Adminisfrative Cade, Chapt�r 18, s�bchapfer 18.89, as same may be amended from time to time. d) Each tow truck and the required equi�ment shall be inspecfed by ihe Chief of Police or his authorized designee prior to being used for services contemplated by fi�is contract. In addition, each taw fruck and the required equipment shall be subjeci to in#ermittent inspection to assur� compliance wifh this contract. Til1 Wrecker hage 4 of l2 � r � �. 1NSURANCE REQUIREMENTS Company sY�all maintain insurance ofi the following types and amaunts from insurers acceptable to the City; 5.1 Gommercial General �iability $500,000 each occurrence $�04,004 aggregate or Garage Liabi[i#y $SaQ,OQO each accid�nt, other than auto $500,000 aggregate 5.2 Automobile Liability $500,000 each accident, combined single limit This coverage shall includ� all vehicfes owned or non-owned that are operating under Company's operatirtg authority. 5.3 Cargol�n�Hook $30,OD0 per unit Coverage shall include both the unit being towed and its contents. , Units covered shall include but not be limiied to motor �ehicles, traile�s and boats. Coverag� shall be written on a direct primary basis. 5.4 GARAC�KEEPER'S LIA�ILITY $30,000 per unit 5.5 Worker's CompensafionlAccident Insurance Coverage shall meet the minimum requirements af state law as con- tained in the Mator Carrier Rules and Regulations. 5.6 Current insurance certificates shall remain on file with the City during fhe term of this Contract. Insurance coverage may, at the sole discretion of the City, �e revised upward upon thirty (30) days prior written notice to Company. Policies shall be �ndorsed as foUaws: Tilr wrecicor 5 Page 5 af l2 a) The City, its afficers, employees and servants shall be endarsed as an additional insured on all po[icies except employer's liability insurance coverage under the workers' campensation insurance �alicy. b) Certificates of insurance sha{I ba de[ivered to fhe supervisor of the City of Fort Worth Auto Pound, 13a1 E, Northside Drive, Fork Worth, TX 761 Q2, prior ta any work being perfarmed under tY�is contract, c} Any failure on part of the Ci�y to request required insurance documentation sha11 not canstitute a waiver af the insurance requirements specified herein. d) Each insurance policy shal[ be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or coverage. A ten days notiee shall be acceptable in the event of non-payment of premium. e} Insurers must be authorized to �a business in the Stafe of Texas and have a current A.M. Best ratin� of A: V{I or equi�alenf ineasure of financial strength an� solvency. f) Deductible limits, or self-funded retention limEts, on each policy must not exces� $1 Q,OOQ.00 per accurrence unless otherwise a�proved by the City. g} Other �han worker's compensafion insurance, in lieu of traditional insurance, City may consider alternati�e coverage or risk treatment measures through insurance poals or risk refentian groups. The City must appro�e in w�iting any alternative coverage. h) Workers' compensation insurance policy(s) covering employees shall be endorsed with a waiver of subrogation pro�iding righ�s of recovery in favar of the City. � i) City shall not be responsibl� for the direct payment of insurance premium costs. j} �nsurance policies shall �ach be endorsed to pravide that sucY� insurance is primary prot�ction and any self-funded or commercial coverage maintained by City shall not be called u�an to contribute to loss recovery. �'ilt Wrccicer P��e 6 of 12 � k) Company shall report, in a time�y manner, to City's officially designated contract administratar any known loss occurrence which could give rise to a liability claim or lawsuit ar which could result in a prpperty loss. f) Campany"s liabiEity shall no� be limited to the specified amounts af insuranc� required herein. m) U�on tf�e request of City, Company sha11 provide completa copies of all insurance policies required by these confract documents. 5.7 In the event a staie or federal faw, rule or regulation per�aining to wrecker service compar�ies operating within the State ofi Texas exceed insurance requiremenis specified herein, such state or federal law, rule or regulation shall �revail for the respective type of insurance coverage andlor limif thereof. fi. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the fierm of this contract, shall perfarm the fo�lowing duties and have the following responsibilities; a) Maintain as its �rimary business the towing of vehicles or trailers by wr�ckers meeting the requirements of paragraphs 4(a) and 4(b) above. "Primary business" shall mean that Company recei�es more tMan fifty per- cent (50%) of it gross revenues from the towing of vehicles and trailers. All ofi company's records shal[ be open to reasonabEe ins�ection, bot1� at the time of execution of this agreement and at any time during th� term hereof, to verify corr�pliance with this condition. b) Maintain a currently licensed vehicfe storage facility located within the corporate limits of the City. "Vehicle storag� faci�ity" shall mean a facility operated by a person under Article 6587-9a, Re�ised Sfatutes. c) Maintain business operation �+renty-four {24) f�ours a day, seven days per week. d) Respond to all calls contemplated by this contract within thirty (30) minufes of notification, except in exfraordinary situations where delay is ca�s�d by ice, snow, or other weati�er related conditions. In the event Company fails to Tilt Wrecker � l'aoe 7 of l2 respond as required, City may notify another wrecker company ar�d Company shall nof be entitled to fhe com�ensatio� to which it would ha�e b�en �ntitled ha� it arrived timely. e) Maintain on file with the City the name of the owner, president or chief exec�tiv� officer, business address and tel�phone numb�r; further Company shall notify fhe City of any change of ownership, pres�dent or chief executi�e officer, or change of address within fi�e (5) business days of any such change. f} Del�ver the motor vehicle being towed fo the location vr�itl�in the corporate limits of City designated by the police officer af the scene of the �ull. D�li�ery shall be ma�e without d�lay or detour. g) Fully cooperate with any investigation conducted by the City r�garding complaints against Com�any, whether or not s�ach complaints arise out of services contemplated by this Cantract. h) Shall not become delinquent in the payment of any taxes due to City. i) Shall not go to any accident scene unless the Campany has been called to tne scene by the awner or operator of a vehicle ar an authorized representative of same, or �y the City. j) Completeiy remove all debris r�sulting fram any accident to which the Company is responding. Removal of d�bris sha[I not be considered complete by merely sweeping it to the curb�ine. k) Shall not solicit any wrecker b�siness within tF�e corporats limifs of City at the scene of a wrecked or disabled �ehicle, regardless of whether the solicitatian is fior the purpose of solicifing the business af tov�ing, repairing, wrecking, storing, trading, or purchasing the �ehicle. l} Shall only employ dri�ers of tow trucks authorized to o�erate same. m) Provide the Police Pound persannel with an invoice a# the time the vehicle is delivered ta the Aufa Pound together with the signed wrecKer selection form to be provided. Till Wrecker Page S oF l2 i{ 7. TERMINATION AND SUSPENSI4N 7.1 This contract may be terminated or s�spended by the City �or any of the following causes: a) Violation of any term or condition specified in #his contrac#. b) Failure to notify the Communicatians Division of the Police D�partment within fifteen (� 5) minutes from the #ime of nofification if the Company will be unable to respand within the thirky (30} minutes aqotted for a respons� to a wrecker ca1i. c) Permitting a tow truck to be operated by anyone whife under the influence of alcohol andlor drugs. d) Permittfng a fow 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 susfained complaint of theft by personnel of Company whi[e acting in their capacity as employees of Company, whether occurring during a police pull or otherwise. g) Any s�stained complaint af threats made by personnel of the Company while acting in their capacity as employees af Company made against third parties duri�g a police pull or otherwise. h) Failing to camply with a[I directions of palice persannef at the scene of a polic� pull or ci�ilian or �olice personnel at the Police Auto Pound. Company may request a po[ice supervisor to vali�ate any such direction given. i) Failure to comply with any state or federal law or city ordinance reEafed to the o�eration of a wrecker company. j) Five (5} passes �vithin a thirty (30) day period. Pass in this paragraph shall m�an Company failing to notify the City of its inability io respond to a requ�st for s�rvic� as r�quired by paragraph 2 above. Till Wrccker Page 9 of l2 � k) Ten {10) passes within a thiriy (30} day p�riod. Pass in fhis paragraph shall mean a Company notifying the City of its inabiCity to Tespond to a request for s�rvice as r�quired by �aragraph 2 abo�e. I) Violation of any rule or regulation contained in Exhibit "A" attached hereto. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause iwenty (20) days prior to such suspension or termination. Company shall have th� right to request a hearing before the Chief af Police or his designee regarding tne intent to terminate or suspend for cause by re�uesting a hearing in writing within five (5} business days after r�ceipt of notice of inten� to terminate ar suspend. A hearing shall be canducted within fifteen (15} days of the request for hearing. Ti�e City, in its sole discretion, may temporarily susPend this contract during any appeals proeess. 7.3 f n the e�ent this confract is suspended for cause, the suspension shal[ �e for a period of time of not less than six (6} monfihs nor more than twelve (12} months, 7.4 In the �vent City suspends or terminates this contract for cause, and the cause for such suspension or termination is determined to be invalid, Company's sole remedy s�all be reinstatement of this contract. Company expressly waives any and all rights to monetary damag�s, including but nof limited to actual and punitive damages, court costs and attorney's fees. 8. INDEMNIFICATION With regard t� any liability which might arise hereunder, City an� Customer agree that fhey shali be sofely and exclusively liable for the negligence of its awn agents, servants, subcontractars and employees and that neither party shall look fo the othe� party to save or hold it narmless for the eonsequences of any negligence on the part of one of ifs own agent, servant, subconfractor or employee. Nothir�g contained herein shall be construed to be a waiver by City of any right ofi protection that it enjoys under ap�licable State or Federal law. Tilt Wi�ecker 1� l'age 16 oi' 12 r .. � ASSiGNMENT Company shall not assign, transfer or sublet ihis Contract or a�y portior� h�r�of to any party without the prior written consent af City that sha11 not be unreasonably withheld. Any such assignment, transfer or subletting of this Contract shall be �oid and shall operate as a termination hereofi. 10. ZONES AND ROTATION LIST A. City shall divide the city into four (4} zones that shall correspond to the four (4) patro[ divisions. Company shall be a�signed to the zone or an adjacent zone in whicn it maintains its principal place of business. B. City shall create a rotation list within each of the four (4) zones that will dictate fhe order �n which wrecker companies are contacted. C. Gity may requesi Company to conduct a police puil wi#hin any zor�e, and Company agrees to use its best effarts to arrive at the scene of the poiice pull within thirty (30} minutes. 11. 1NDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Company shall perform all work and services hereun�er as an independen� contractor, and not as an officer, agent, servant ar employee of the City. Company shall ha�e exclusive control of and the exclusive right to control the detaiis af the work or service to be performed hereunder, and all persons performing same on behalf of Company, and shall be soleEy responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees ar�d invitees. The docfrine of respondeat superiar shall not apply as b�tween the City and Company, its officers, agents, servanis, �mplayees, contractors and subcontractors, and nothing herein shall b� construed as creating a partnership or joint venture between the parties hereto. ]In witness whereaf, the parties hereto have ex�cut�d this Contract on the 1�`� day of I I � , 20�. _ � Tilt Wrecker Irage l 1 af l2 X� A�k`TEST: fk �` � � �"�-�'7 ��Glo Pearsan City Secretary APPROVE� AS TO FORM AND LEGALITY � Assistant ity Attorney ATTEST: Corporate Secretary Till Wrecker [�age l2 nf 12 CITY �,FORT WOI�TH f ' B�p. ' ' _ ` _ _ { �.ibby vG�tsori Assistant City Manager ,� � �___ � - f� �; �.4C. ..�: _ -- _. . �. _. ���i����t uthorix�gtion � `�� � � (,{�-�E � m.T._.,.�,: j _� ._ . natP Bi�ins Wrec[cer Service [nc. (Cvmpany Name) . By: � � �.�. sz �_�..�. Billy Heiser, Pr�siden# IZ ������� � �i. ���� ����� '�'��e �����r�Er,g r�de� �e�d t'Q�YY�s��if�Y15 i�'Y�1 �]� �O�ROi74'�C� ��' E�.,I, �1�Ck��' ��pfl��D�IlII�� upon ar�-ival at the A�a�o Paund. 1. . T11e entry gate will not �e blociced l�y wrecicers wai�iilg to eiiter or e�it the Auto Pound. 2. No wrecicer shall ez�ter �lze Auto Pauiid witli mare tha� one (1) ��ersoil/operaior, ui�less autl�o��zzed by the on dufy sluft st�l�ezvisor. Tlu� wili be done an a case by case basis. 3. For safety reasons, a Car �an-ier will be required ta o�i load tllair cargo vwlle� posszUle. Tlus s11a11 be deteni�ined Uy the oi1 duty s�.ipeivisor. 4. Inveiltories sixould Ue ha�dled in an ex�ed.itiatts inai�ner whezz possible. However, Auto Pou�d persoia�el are required to do a complete and grecise inve�tory of alI pro�e�-ty ai�d veliicles. A sgecific iirize fiaxne woulc� be iznpossibl� to iristitute. 5. No wrecicer driver/operator will assist with auy iuzve�ltaiy bezng conducted by Auto 1'ound pe�sanr�el. 6. Tl1e use af Car Cai7-ier��, ex�a tim�, ext�a ec�nipmezat, etc., slzall be subjeet to ap�roval by t11e Wrecicer Ad�uusi�ator or Auto Poi2��d Si�pervisox. 7. Wrecker da-zvers/operators/pwners shall he required to �ollow aray di�ections or iilstruciions given by Attto Pound persaz�neI. � S. Wrec�cer Co�1��az�y Owizers sha1l assist az�d conlply with a��y investigation �a�rfoiz�.zed b� Auto Potu�d perso�lnel or the Fort Worth Polic� Departinei3t in regards to thei�c coin�any, driver, operator and ar business without hesitation. 9. Violations o� any af the above x-t�les shall be sub�ect to review by tlie Wrec�ter Adi�uustrator or Auta Pound �upervisor. T�1e Auto Pound Supeivisor or a l�igiier level of co�una�d iliay deternaii�e C115C1�7II1111'jf aC�lO1Z i1�3 �0 a]1C� ll1C�UCIIIlg te11111I1St101'1 Of CD11�T1Ct. C`ity of �o�t Wo�th, Texas ��'�� �1�1� ������` ���'1�1���iCA���1� DATE REFERENCE NUMBEI� L.OG NAME PAG� 418103 �d� 9��� 35TOWS I 1 af 2 sus.��cT SUPPI.EMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING 4F WRECKED OR ABANDONED VEHICLES FR�M MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE F4R THE POLICE DEPARTMENT RECOMMENDATION: (t is recammended that the City Cour�c�l: Authorize contracts for Police Department requested non-cansent towing of wrecked ar abandoned �ehicles fram multiple vendars as required by Section 34-189 of th� Cade of the City of Fort Worth (1986), as amencled; and ' 2. Autharize the contracts to begin April 8, Zaa�, and expire 5eptember 30, 2Q03, with o�tions ta renew for four additional one-year periods; and 3_ Adopt the attached supplemental appropriatfan ordinance increasing estimated receipts and apprflpriations by $448,944 in the General Fund from availabEe funds. DISCUSSION: Section 34-181 of the Code af the City of Fort Worth {1986}, as amended, required that all police department, nan-cansent taws, shall be undertaken pursuant to contract, specifically executed be#ween tf�e City and a wrec�er company. Th� Public Safe#y Committee extensively review�d �he new rates and unanimously appro�ed this recommendation an March 25, 2Q03. There are three types of contracts and rate� as fo,llows: • 5�andard tow trucks $100 • Tilf bed/rollback tow trucks $125 � Tandem tow trucks $18D Cantracts will be �xecuted with any vendor desirir�g to perForm non-consent tows for the Palice Depa�tment, if they meet the contract requirements such as towing operations being th� �endars primary business, equipm�nt speci�ications, ir�surance, and a locally li�ensed storage fiaciliiy. The fees for services to be pro�ided and assignment to flne of four zones are ihe same as contained by Ci�y Code. The estimated expendi#�re for these services is $1,8 million per year including fhe ant�ci�ated increase (of $446,944) fior the remainder of the fiscal year based on the revised rates. This increase wilC be offset by re�en�e collected as fees. RENEWAL OPTIONS - These con#racts may be renewe� far up to four successi�e one-year terms at tf�e City's option. This actian does not require specific City Council approvaf pro�ided the City Council C'iiy o, f '.�'ort Y�'o��h, �"exas ���� ��te� ����tc�l ��r��c�����t���n DATE REFERENCE NUMBER L�G NAfVIE PAGE 418103 �_� 9��. I 35TOW5 2 af 2 SU�JECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FQR NON- C�NSENT TOWING OF WRECKED �R ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY�CITY ORDINANCE F�R THE POLICE DEPARTMENT has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL IN�ORMATIONICERTIFICATION: The �inance Direcior certifies that upor� approval and com�l�tion af t�e above recommendations and the adoption of the attached supplemental appropriation ordinance, funds wili be available in the� current operating budget, as appropriated, of the General �und. I�►JA� Submitted for City Manager's Office by: Libby Watsan Originating Department Head: Ralph Mendoza Additional Cnformation Cantact: Susan Alanis FUND I ACC�UNT I CEIVTER {to) �GG01 53912Q 03534D3 6183 GG�1 462624 0353403 48386 {from) GG01 539120 03534D3 78262 AMOUNT $445,94�4.00 I $446,944.00 � � $446,944.00 CITY SECRCTAR'Y APPROVED 04/08/03 ORD.# 15517