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HomeMy WebLinkAboutContract 28599f � �IiY �����iA��� ��NiF�AC�' �. _ ���C�. CONTRACT FOR T�W TRUCK SERVICE (TANDEM AXLE) WHEREAS, the City of Fort Worth occasionally requires the services af tow trucks; and WHEREAS, sUch fow truck services are necessary to protect the safety of the citizens of the City of �or# Wor��, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of For� Worth, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Thomas Towinq Inc., hereinafter referred fo as "Cflmpany", acting h�rein by and through J. D. Thomas, its duly authorized Presider�f, agre� as follows: �. SERVICES City hereby cantracts with Company to provide police pull towing service. As used herein, "police pull" shall mean fhat the Fort Worth Police Department has calied Company from the ratatian list ta either remave a wrecked or disabied vehicle or to remove a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to ma�te authorizations. 2. �� The initial term af this contract shalf expire on Se�tember 30, 20a3. In addition to the initial term of this contract, there shall be faur options to renew for �erms of one year each, unless eariier terminated as hereinafter provided. Renewal shall occur upon City, including in its budget for the options years sufficient funds to pay for its obligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION AND PAYMENT 3.1 Campensation. As compensafiion for prov�ding the services contemp[ated by this Cantract, City agrees to pay Compar�y �,��a�;�UUU�� .� ' , ��i ; ����� i. ��� ���. � y a) Towaqe. A charge of One hundred eighfy Dollars ($180.OD) per hour for towing such vehicle from one poinfi on a street to anather location within the corporate limits af the city as directed by fhe police department at the place where the tow originated. The minimum charge shall be for one hour; after the firsf hour, time shall �e billed for in increments o�f fifteen (15} minutes, at a charge of $�45.OQ per increment. b) Second tandem axle tow truck. In fhe event the police officer at the scene determines thaf a second tandem axle tow truck is required, a charge ofi One Hundred eighty dollars ($180,00} per hour billed in increments of fifteen (15) minutes while at the scene of the �o[ice �ull, with a minimum charge for one hour, at a charge of $4�.00 per incremenf. Travel time is excluded. c) Reimbursables. In the event Company is required to rent equipmenf or other materials specifically related to a�o[ice pufl as directed in writ�ng by a police sUpervisor at tF�e scene, Company shal� be reimbursed the actual cost incurred plus fifteen percent {15%). Charges und�r this subpara�raph are subj�cf to fi�� review and appro�al of a police supervisor. d) Extra help. An additional charge of twenty dollars �$20.00) per man per hour, with a minimum charge af four (4) hours, when authorized in writing by a police supervisor at the scene of the �olice pull. e) Air cushior�s. 1.) Regular cushians - A charge of one hundred-fifty dollars ($150.a0) per hour per cushion, with a minimum charge of one haur. After the firsf hour �illing shal[ be in increments of fiftesn {� 5) minUtes. 2.) Tanker cushions - A charge pf faur hundred dollars ($400.OD) per hour per cushion. Af�er the first hnur billing shalf be in increments of fiffeen (15) minutes. Tanden� Wrecicer Psee 2 oC 12 � � s 3.) Prior approval by a poiice supervisor af the scene of a police puil is required for the us� of air cushions. f) Handlinq hazardous maferials. When the cargo of any motor ��hicle or trai[er �ncludes explosive, nuclear, radioactive, hazardous or corrosive materials, as d�fined by the Environmental Protection Ageney, Texas Department o# Transportation, or the Texas Natural Camm�ssion on Environmental Quality, a fee equal to one hundred-f�fty (15a) percent of the cnarges incurred under subparagraph "a" above. g) Tractor, hvdraulic tilttaii, lowbo�, other specialized eauipment. A charge of one hundred eighty dollars ($180,fl0) p�;r hour, billed in increments of fifteen (� 5} minutes, with each increment b�ing charged as $45.00 per increment, a� authorized in writing by a police supervisor at the scene of th� polic� pu11. The p�lice supervisor shall sign the wrecker selection form. h} Nothing cantained herein shall be construed so as to obligate �Ci#y to expend any sums of money except for servic�s actually rendered. Further, nothing contained herein shall be construed sa as to guarantee to Company that City will contact Company for any towing s�rvices cantemplated by this Contract. 3.2 Invoicinq and Pavment. Campany shall Invoice City once per monfh. Company shall includ� with fhe invoice such documents as may be reasonably requested fo provide evidertce of the services provided to the City, whici� at a minimum shall include copies of the wrecker selection form signed by the officer at the scene of the police pull andlor persannel at the Fo�i Worth Auto Pound. Such invoice shall �e subject to the review and approval of apprapriafie City p�rsonnel. Gity shall remit payment to Com�any not more fi�an fY�irty (30) days following approval af invoice. 3.3 Campensation Review. City shall review on an annual basis the compensation provided for hereunder, with the first such review to �e cond�cted during the month af August 2003. Similar reviews shall occur in August of each succeeding year that this contract is in eff�ct. City shall make adjustments in the Tanclem Wracker 3 Page 3 of l2 , , campensation based upon increases or decreases in the cost of doing business, taking into consideration fuel, insurance, labar, and sucF� other cosfs as may be relevant to the aperation of a fowing business. 4. VEHICLE AND EQUIPMENT REQUfREMENTS Campany shall maintain at all times fi�e followir�g vehicles and e�uipment in woricing condition:, a) A minimum of ane (� } fandem axle (heavy duty} wrecker rated af nof less than 26,OOQ gross vehicle weight, equippe� wif� a power winch and winch lines with a boom r�ated at r�ot less than 50,000 paund lift ca�acity. b) At a minimum, all wreckers shall b� equi�ped wit� the following equipment, which at all �imes shall be maintained in working order: 1) Tow bar 2) Towing lights 3) Emergency ov�rhead warning lights (red or amber color only} 4) Safety chain 5) Fire extinguisher, A. B. C. type 6) .Wrecking bar 7) Broom 8 ) Ax 9} Shovel � 0) Reflectors or traffic cones � 1) Trash container 12) Two way vaice or computer communication between tow truck and Company dispatcher � 3) Backing warning signal 14) Whee� chocks 15) Traf�ic cones c) Each wrec�cer shali haW� the identify�ng markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall provide Notiee of Complaint Procedures to the owner of a towed vehicle as outfin�d by Tandem Wreciceo� 4 Page 4 of 12 the Texas Department af Transportation Rules and Regulations as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended from time to time. d) Each tow truck and the required equipment shall be inspected by the Chief of Police or his authorized desigr�ee prior to being used for services cantemplated by this contracf. In addition, each taw trucf� and the required equipment shall be subject ta intermittent jnspection ta assure com�liance with this contract. 5. INSURANCE REQUIREMENTS Company shail maintain insurance from insurers accepfable to City in the following types and amounts: 5.� Cammercial General �.iability $'f ,DOO,ODO each occurrence $1,000,000 aggr�gate or Garage �iability $1,000,00.0 each accident, other than auto � $1,000,000 aggregate 5.2 Automolaile Liability $1,000,000 each accident, combined single limit Ti�is coverage shall include all vehicles owned or nan-owned that are operating under Company's operating autharity, 5.3 CargolOn�Hook $50,000 per unit Coverage sha[1 include bofh the unit b�ing towed and its contents. Units co�ered shall includ� but not be limifed to mator vehicles, traifers and boats. Cov�rag� shall be written on a direct primary basis. 5,�k GARAGEKEEPER'S LIAB[LITY $50,OQ0 p�r unit 5.5 Worker's CompensationlAccident Insurance Tantlem Wrccl<cr E'age 5 of [ 2 5 Coverage shall mest the minimum reguiremenfs of state law as contained in the Motor Carrier Rul�s and R�gulations. 5.6 Current insuranc� certificates shall remain on file with the City during the term of this Contract. Insurance coverages may, at fhe sole discretion of fhe City, be revised upward upon thirty {30) days prior written notice to Company. Policies shall be endorsed as follows: a) The City, its officers, employees and servants shall be endorsed as an additiona[ insured on all policies except employer's lia�ility insurance coverage under the workers' com�ensation insurartce policy. b) Certificates of ins�rance shall be delivered fo the supervisor of the City of Fort Worth Auto Pound, 1301 E. Northside Drive, Fort Worth, TX 76102, priar to any work being performed under this cor�tract. c} Any failure on part of the City to requ�st required ins�aranc� documentation s�all nof consfitute a waiver of the insuranc� requirements specified herein. d} Each insurance policy shall be endorsed to provi�e the City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or coverage. A ten days natice shall be acceptable in the event of non-payment of premium. �) lnsur�rs must be authorized to do busin�ss in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measur� of financial strength and solvency. f) Deducfiible limits, ar self-funded refention limits, on each policy must not exeeed $10,OOO.QO per occurrence unless otherwise approved by the City. g) �ther than worker's compensation insurance, in fieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. T}�e City must approve in writing any alternative coverage. h} City shall not be responsible for the direet payment of insurance premium costs. Tande»i Wrecl<er 6 PageGofl2 i} Insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintain�d by City shali not �e called upan to contribute to lass recavery. j) Company shall r�po�t, in a timely manner, fo City's officially designated contract administrator any knawn lass occurrence which could give rise ta a liability claim ar lawsuit or whicn could result in a pro�erty 1oss. k) Company's liability shall not be limifed ta the specified amounts of insurance required herein. I} Upon the request of City, Company sf�all provide complete copies of all insurance policies required by these contract documents. �.7 In the event a state or federal law, rule or regulation pertaining to wr�cker service companies operating within the State of Texas exceed ir�surance reqUirements s�ecified nerein, such state or federal law, �u[e or regulation shall prevail for the resp�ctive type of insurance caverage an�lor limit thereofi. 6. DUTIES AND RESPONSIB1LiTIES OF� COMPANY Company, during the term of this contract, shall perform the following duties and have the fiollowing responsibiliiies: a) Maintain as its primary business the towing of vehicles or trailers by wreckers meeting the requirements of paragraphs 4(a} and 4(b) abave. "Primary business" shall mean that Company receives more than fifty per- cent (50%) of it grass revenues from the towing of vehicles and trailers. AIl of company's recards sl�all be open to reasonable inspection, both at the fime of �xecufion of this agreement and af any time during the term hereot, to verify compliance with this condition. b} Mainfain a currently licensed vehicle storage facility located within the corporate limits of the City. "V�hic[e starage facility" shall mean a facility operated by a person licer�s�d under Ar�icle 6687�9a, Revised Statutes. c) Maintain business operation twenty-four (24) hours a day, seven days per week. Tandem l�recl<er '� Page 7 of ] 2 d) R�spand to all calls contem�lat�d by this contract within forty-five {45) minutes ofi notificatio�t, except in �xtraordinary situations where delay is caused by ice, snow or other weather related conditions. In t�e event Company fails to respand as required, City may notify another wrecker company and Company 5hall not be enfitled to the compensation to whicF� it woufd have been entit{ed had if arrived timely. ej Maintain on fiEe with the City the name of the awner, president or chief executiv� officer, business address and teiephone number; further, Campany shall notify th� City of any change of ownership, president or chief executive officer, or change of address within five (5} business days of any such change. f) D�liver the motor ve�icl�; being towed to the location within the corporate lirnits of City designated by the �olice officer at the scene of fhe pu1l. Delivery shall be made without delay or detour. g) Fully cooperate with a�y investigation conducted by th� City regarding eomplainfs against Company, whether or not such complaints arise aut af services contemplated by this Contract. h) Shall not become delinquent in the payment of any taxes due �o City. i) Sha1i not go to any accident scene unless tne Company has been called to the scene by the owner or operatar of a vehicie ar an authorized representati�e of same, or by the City. j} Completely remove all debris resulting from any accident to which the Company is responding. R�mova[ of debris shall not be considered complete by merely sweeping it to the curbline. k) Shall not solici# any wrecker business within the corporate limits of City at the scene of a wrecked or disabled ve�icle, regardl�ss of whether fhe solicitatian is far the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. h) SY�a11 only employ drivers of tow trucks authorized to o�erate same. Tandem wreekei• g Page 8 of l2 i) Provide Police Auto Poun� personnel with an invoice at the time the towed vehicle is delivered- to the Pound together with a signed wrecker selection form �rovided by.the palice officer or supervisor at the scene of the palice pull. 7. TERMINATI�N �R SUSPENSiON 7.1. This contract may be t�rminat�d or suspended by City for any of the �allowing causes: a} Violation of any term andlor candition specified in this contract. b} Failure to notify the Communications Division of the Police Department within fifteen (� 5) minutes from the time of notification if the Company will be unable to respond within the forty-five (45} minutes allotted fior a respnnse to a wrecker call. c) Permitting a taw truck to be operated by anyone while under the influence af alcohal andlar drugs. d) Permitting a�ow truck ta be operated by anyone whose op�rator's license is suspended. e) Transferring or assigning any cal[ for service to any other company f) Any sustained complaint of iheft by personr�el of Company while acting in their capaci�y as empfoyees o# Company, whet�er occurring during a police �ull or otherwise. g) Any sustained complaint of threats made by personnel of the Company wn31e acting in their capacity as employees of Com�any made against third parties during a police pull ar otherwise. h} Failing ta comply with all directions of police personnel at the scene of a police pull or civilian ar palice personnel at the Police Auto Pound. Com�any may request a palice su�ervisor io validate any such dir�cfian gi�en. i) Failure to comply with any state or federaf law or city ordinance refated to the aperation of a wrec�Cer company. Tandcm Wrcckcr C� Page 9 of� 12 j) Five (5j passes withir� a thirty (30) day periad. Pass in fhis paragra�h shall mean Company failing to notify the City of its inability to respond to a reqUest fior service as required by paragraph 2 above. k) Ten (10) passes within a thirty {30) day period. Pass in this paragraph shall mean a Company notifying the City of its inability fo respond �o a re�uest for service as required by paragraph 2 above. I) Violation of any rule or regulation contained in Exhibi# "A" attached hareto. 7.2 Cify shall notify Company in writing of its intent to terminate or suspend for cause twenty {20) days prior to such suspension or termination. Company shall have the rignt to request a hearing before the Chief of Police or nis desigr�ee regarding the intent to ierminate ar suspend for ca�se �y requesting a hearing in writing within five (5) business days after receipt of notice of inter�t to terminate or suspend. A hearing shall be canduc�ed within fifteen (15) days of the request for hearing. The City, in its sols discretion, may temparariiy suspen� this contract during any appeals process. i.3 In fhe event fhis contracf is suspended for cause, the suspension shall be for a p�riod of tim� of not fess than six (6) months nor more than twelve (12} months. 7.4 In the event City suspends or terminates this canfract for cause, and the cause for such sus�ension or termination is determined to be invalid, Company's sole remedy shall be reinstatement of this cantract. Company expressly waives any and all rights ta manetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees, 8. 1NDEMNIF�ICATION With regard to any lia�ility which might arise hereunder, City and Cam�any agre� that they shall 6e solely and exclusively liable for the negligence of its own agents, servants, subcontractors and emplayees and that neither party shall look to the other parky to save or hold it harmless fior the consequences of any negligenc� or� the part of one af its own agenf, servant, subcontractor or "Ca��dem Wrecker I a Page ]0 of 12 employee. Notl�ing contained herein shall be construed to be a waiver by City of any right of protection that it enjoys under applicable State or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Cont�act or any porkion �er�of to any party without th� prior written cans�nt of City that shall not be unreasonably. Any st�ch assignment, fransfer or subletting of this Contract shall be void and shall operate as a terminatior� hereof. �0. INDEPENDENT CONTRACTOR It is understood and agreed by the parkies hereto that Company shall perform alI work and setvices }�ereunder as an inde�endent confractor, and not as an officer, agent, se�-vant or employee of the City. Company sha11 have exclusive control of and the excl�sive right to control the details of the work or service to be �erFormed hereur�der, and a11 persons per�orming same on behal� ofi Company, and shall b� sol��y responsible for the acts and omissions of its afficers, agents, servants, employees, contractQrs, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not ap�ly as between the City and Company, its officers, agents, servants, employees, contractors and subcontracfors, and nothing herein shalf be construed as cr�ating a partnership or joint �enture between the parties hereto. In witness whereof, the par�ies hereto have executed this Confract an the ��`�'' day of ,�. � 1�,n , 20C�. � Tandem WreCker 1'age 11 of [2 II � , 3 •- J -- � � ; �,� �rlf , Contrac� Aut}�ori�at�.on . .I ,1, t. � _�.,, . __�. � .� �� ' , , ,' ' � _i r���� ATTEST: A ��� �GI ia Pearson � City S�crefary APPROVED AS T� F4RM ANC] LEGALI Y Assistant City Attorney ATTEST; Corporafe Secretary Tandem Wrccker �2 Page 12 of 12 CITY OF,�ORT WOI�TH B�" .:�T i C �� Libby Vl,f�tson Assistant City Manager Thomas Towina lnc. (Company iVame) P�, �Y + - - , �: D. Thom�s, President ' ��s=�'� 4�f����� � � ��G�� � ���, �.�.��.�� � � ���� ����� T�ae �'o�lav���g �-��es ar�� re��D��icr��s ;�iii �ie �ofl&or�r�d �y �.,�, �� ����r� ��a�p�nnes upa� �r�-ival �t ti�e A�a�o �os�nd. 1. The e�try gate will not l�e biocked Uy wreckers waiting to e��.ter or exit tha Auto Polu�d. 2. Na vv�ecicer sha11 e�ter tlle Aufio Pound wiil� moa�e tl�a�i on� (1} �e�sonloperator, tu�less authorized by tl�e olx duty sluft supervi.sor. This will be done on a case by case bas�. 3. For safety reasons, a Caz' Ca�rier wil� be requi�ea to off load tl�eir cargo v�h�n }�asszb�e, Thzs shall Ue deternzined l�y t�ae an duiy supervisor. 4. Inveiltories sllotil.d 1a� hal7dled ui an ex�editiaus inanner when possible. Howe�er, Auto PoLuzd perso��uel axe requued to do a complete a�zd precise iilveiitory of all property and velucles. A specific iime fraz�.ae would Ue iiz�possible to insiitui�. 5. No wrecicer driver/o�erator will assist with �.zy i��ventaiy being coilducted �y Auto Pou.nd �ersor�zel. 6. T11e use af Ca.r Canier•s, ext�a tin�e, extra equi�a�11ei1t, etc., sl�all Ue subject to approval �y tlze Wreelcer Adnli�ustrator or Auto Potuid Supeivisor. 7. Wreclfer driv�rs/operators/owi�ers s]�all be zec�uired to folIow auy direciions or iristructiaz�s givez� Uy Auta Pouild personnel. � 8. Wrecker Conl�alay Ow�.ers shall 75515t and coil3ply with a�1y investigation perforuted Uy Auto Pound persovnel ar �lie Fort Wo�-tli Police Depart�.neni ifl regards to their compa��y, da-iver, operatar and or business without la.esitation. 9. Violatioils of any af the above i`ules s11a11 be subject to review l�y the Wrecker Adnlinis�iator or Auto Pou�zd. Supeivisor. T�ze Auto k'ound St�pervisor or a Liig�ler level o� coinmand i13ay c�eten�ine disciplinary actioiz up to aiid includi�g tei-u2i.isaiion o�'coiltracf. �`ity o�Fo�t Y�o�th, T'exas ���� Ar1� �����`�� ����'1l��1�A�7�►fl �ATE REFERENCE NUMBER LOG NAME PAGE 4I8103 ��� ��q�� 35TOWS 1 af 2 sueJ�c�r SUPPLEMENTA� APPROPRIATI�N ORDINANCE AND CONTRACTS FOR NON- C�NSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDQRS REQUIRED BY CITY ORDINANCE FOR THE P�LICE DEPARTMENT RECOMMENDATION: It is recommended that the City Councii: �, Authoriz� contracts far Palice Department requested� non-consent towing of wrecked or abandaned vehic[es from multiple vendors as required by Section 34-181 of the CQ�e af #he City Qf Fort Warth {1986}, as am�nded; and 2. Autharize the confracts to begin April 8, 2003, and expire September 3a, 2�03, with optEons tv renew far four additional one-year periods; and 3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriafions by $446,944 in the General Fun� from a�ailable funds. DlSCUSSION: Section 34-181 of the Code af the City of Fort W�rth (1 S86), as amended, required �hat ail police department, nan-cons�nt tows, shall b� undertaken pursuant to contracf, specifically executed between the City and a wrecker company. The Public Safety Committee extensively reviewed the new rates a�d unanimaus�y approved �his recommendation on March 25, 2Q03. There are three types of cantracts ar�d ratss as fal�aws: • Standard tow �rucks $� OQ • Tilt bedlrollback fow trucks $125 • Tandem tow trucks $180 Contracts will be executed with any �endar desiring to p�rform non-cons�nt tows for the PolEce Departmenf, if they meet the contract requirements such as towing operatians being fhe �endors primary business, equipmenf specifications, insurance, and a iacally license� storage facilify. The fees for services to be �rovided and assi�nmenf to one of four zones are the same as contai�ed by City Cade. The �stimated expenditur� for these services is $1.8 million per year including the anticipated increase (of $446,944) for the remainder of the fiscal year based or� the revised rates. This increase will 6e offsei by revenue callec�ed as fees_ RENEWAL OPTIONS - These contracts may be renewed for up ta faur succ�ssi�e on�-year terms at the City's option. This actfon does not require specific City Councif approval provided the City Council �`i ty of ' �'ort �ortli, T''exas �1���r A�d ���i'1c°�d ��i1mu��1�A�°��r� DATE REFERENC� NUMBER LOG NAM� PAGE 418103 �d� g�4�4 � 35T�WS 2 of 2 SUE3JECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND C�NTRACTS FOR NDN- CONSENT TOWING OF VIfRECKED �R ABANDONED VEHICLES FROM MULTIPL� VENDORS REQUIRED BY CITY ORDINANCE F�R THE POLICE DEPARTMENT f�as apprapriated sufficient funds to satisfy the City's obligation during the renewal term. F[SCAL INFORMATI�NICERTI�ICATION: The Finance Direc#or certifies that upon approval and completion af the abo�e recommendatians and the adoption of the attached supplementaf appropriation ordinance, funds will be a�ailable in the current operating budget, as appropriated, of the General Fund. �►i�A� Subroitted For City Mxnager's Office by: Libby Watson Originating Department Head: Ralph Mendoza Additiona! inf4rmation Conts�ct: Susan Ala�iis FU1VD � ACCOUNT I C�NTER {to} GG01 539120 0353403 6I$3 GG�1 462624 a353403 48386 {from) GG01 539'i 20 0353403 78262 AMOUN'�` $4�45,944.�D $446,944.OD $446,944,00 CITY SECRETARY APPROVED 04/48/43 ORD,# 15517