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HomeMy WebLinkAboutContract 28603.. ���Y s�������� �� .� _... .._ COiV`�F�ACi' IV� a = CONTRACT FOR TOW TRUCK SERVICE (TILT BEDIROLL BACK) WHEREAS, the City of Fort Wortn occasionally requir�s the services of tow trucks; and � WHEREAS, such tow truck services are necessary to protect the safety of fne citizens af the City af Fort Ullarth, NOW, THEREFO.RE, KNOW ALL BY THESE PRESENTS: The City o# �ort Workh, her�inafter referred to as "City", acting herein by and throt�gh Libby Watson, its du�y authorized Assistant City Manager, and West Loop Towin4 & Recoverv, f�ereinafter referred to as "Company", acting herein by and through Judv Hubbard , its duly authorized President , agree as follows: 1. SERVICES City hereby contracts with Company to provide police pull towing service. As used herein, "police pull" shaf{ mean that the Fart Workh Palice Department has called Company fram the rotation list to either remove a wrecked ar disabled vehicle or to remove a ve�icle in a safe d�iving condifion, but tE�e owner is not present, able or �ermi�ted to drive or to make au�narizations. 2. TERM The initial term of this contract shall expire on September 30, 2Q03. In addition to the initial term of this contract, there shall be four options to renew for terms of one year each, unless earlier terminated as hereinafter provide�. Renewal shall occur upon City including in its budget for th� options years sufficient fur�ds fo �ay for its obligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.1 Comqensatian. As compensation for praviding the services contempfated by this Contract, City a�rees to pay Comp r,�t,��;��laukt.�;: � � . , � _ Ru , � j� �! f �n, „�_.,�; a} Tawaqe. A charge of one hun�red twenty fiv� dollars ($125.00) for �owing such vehicle from one point on a street ta a►�other {ocation within the corporate limits af the city as �irsc#ed by tE�e police officer at the place where the tow ariginated; su�h charge inciudes one-half hour of Extra Work. In the event Company responds to the scene of a police pull with a tilt bedlro{I back truck whe� the police pull could nave been accomplished with a standard tow truck, Company snall be entifled fo the reduced charge of One hundred dollars ($�00.00}. b) Second tow vehicle. In the event the police officer at the scene determines that a standard tow vehicle is required in addition to the tilt bedlroll back truck, a charge of One hundred Dollars ($�00.00) per hour, with a minimum eharge af ane hour, bilfed in increments of fifteen {95) minutes while at the scene af the police pu11. A police supervisor shall approve the use of a secand tow truck. Travel time is excluded. c) Extra work. An additional charge of 4ne hundred dollars ($1Q0.�0) per hour, witf� a minimum charg� of one hour, charged in incr�ments of fifteen (15) minutes, for removing vehicles that are off the street right-of-way, stach charge to be made from the time the operator begir�s to remove the vehicle until it is on the trave[ed portion of the street. Even though the vei�icle is wit�in the street right-of-way, an additional charge may be made if the venicle is located in some unusual condition within the right-of-way, such as, but not iimited to, a ri�er or a creek bed or a ditch of greater depfh than tY�e ordinary bar ditch. Extra wark shall anly be allowed wher� autharized by a police officer at the sc�ne of the pull. The charges for such extr� wark shall be reviewed and approved by the Auto Pound Wrecker Administrator. Extra work excludes travel time, waiting time, and clean-up time. d} Handlinq hazardous materials. When the cargo of any motar vehicle ar trailer includes explosive, nuclear, radiQactive, hazardous or corrosive materials, as defir�ed by the Environmental Protection Agency, Texas Department of Transporfation, or the T�xas Commission on Environmental Quality, a fee equa! to one hundred-fifty (150) �ercent of the charges "riic Wrecl<er � Pagc 2 of 12 permitted under subparagraph "a" above. In addition, a charge may be made fior expenses incurred related to protective clothing and any afher supplies ar equipment used in handling such m�terials, such charge being equaf ia the actual amounts incurred plus fifteen {15) percenf. e) Not}�ing contained herein shall be construed so as to obligate Gity to expend any sums of money except for wark actually perform�d. Further, nothing cantained herein shall be canstrued sa as to guaranfee that City will cont�ct Company for any towing service contemplated by th�s Cantract. 3.2 Invoicina and Pavment, Company shall Invoice City once per month. Company shall include with the invoice such documents as may be reasonably requested fo provide evidence of the services pro�ided to the City, which at a minim�m shall include copies of �he wrecl�er selection form signed by the officer at the scene of the police pull andlor persannel at the Fort Worth Auto Pound. 5uch invoice shall be subjecfi to the review and approval of appropriate City personnel. City shall remit payment to Company not more than fhirty (30} days fallawing approval of inv�ice. 3.3 Comp�nsation Review. City shall review on an annual basis the compensation provided for h�r�u�d�r, with the first such revi�w to b� conducted during the month of August 2003. Similar reviews shall occur in August of each succ�;eding y�ar that fhis contract is in effect. C�ty sha{I make ad�ustments in the comp�nsation based upon increases or decreases in the cost of doing business, taking into consideration fuel, insurance, labor, and such other costs as may be relevant to the operation of a towing �usiness. 4. VEHICLE AND EQUIPMENT REQ�IREMENTS Company shall maintain at all times the �ollowing vehicles and equipment in warking condition: a) A minimum of one (1 } tilt bedlroll back dual rear wheel wrecker rate� at not less than 14,000 pounds gross vehicle weight. b) At a minimum, all wreckers shall be equipped with fhe following equipment, which at all times shall be maintained in working order: "Cilt w��ecicer 3 Page 3 of 12 1) 2} 3} 4} 5) 6) 7) 8) 9) 1Q} �1) 12) 13) 14) 15j Tow bar Towir�g lights Emergency overhead warning lights {red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wrec�Cin� bar Broom Ax Shovel Reflectars or traffic canes Trash container Two way voice or computer communication between tow truck and Company dispatc�er Backing warning signals Wheel chocks Traffic cones c) Each wrecker shall have the identifying markings reqUired by the Texas Transpartation Code, section 642.042. In addition, each wrecf�er shall provide Notice of Complaint Procedures to the awner of a towed �ehicle as outlined by the Texas Department of Transportation Rules and Regufafions as conta�ned in 43 Texas Administrative Code, Chapter 18, subchapfer 98.89, as same may be amended from time to time. d) Each tow truck and fhe required equipment shall be inspected by the Chief of Palice or h�s authorized desig�ee prior to being used far services contemplated by this cor�tract. In a�dition, each tow truck and the required equipment shall be subject to intermittent inspectia� to assure compliance with this contract. Tilt Wrecicer 4 Page 4 ot l2 5. INSLJRANCE REQUIREMENTS Comp�ny shall maintain insurance of the following types and amounts from insurers acceptable ta the City: 5,1 Commercia� General Liability $500,000 each occurrence $SDO,ODd aggregate or Garage Liab'rlity $500,OOQ each accident, other than aufio $50a,000 aggre�ate 5.2 Automob'rle Liability , $500,ad0 each accident, cambined single limit This coverage shall include all vehicles awned or non-owned that are operating under Company's o�erating authority. 5.3 CargalOn-Hook $30,000 per unit Coverage shall include both the unit being towed and its contents. Units cov�red shall include b�� not be limited to mator vehicl�s, trailers and boats. Cov�rage shall be written on a direct primary basis. 5.4 GARA(�EKE�pER'S LIABILITY �30,000 per unit 5.5 Worker's CompensationlAccident Insurance Cov�ra�e sha!{ meet the minimum requirements of state law as con- tained in the Motor Carrier Rules and Regulations. 5.6 Current ir�surance certificates shall remain qn file with the City during the term of this Contract. [nsurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30) days prior writ�en notice to Company. Palicies shall be �ndorsed as follows: Tilt Wrecicer 5 Page S of 12 a} The City, its officers, �mploye�s and servants shali be endorsed as an additional insur�d on al! policies except employ�r"s liabilify insurance coverage under the workers' comp�nsation insurance policy. b) Certificates of insurance sY�all be deli�ered ta the supervisnr of the City of �ort Worth Auta Pound, 1301 E, Northside Drive, Fort Worth, TX 761 D2, prior ko any work being p�rformed under tf�is cantract. c) Any failure on par� of the City to request required insurance documentation shall not constit�te a waiver of the insurance requiremenis specified herein. d) Each insurance policy shall be endorsed to provide the City a minimum thirky days notice of cancellafion, non-renewal, andlor material change in policy terms or coverage. A ten days notice shall be acceptable in the e�ent of �on-�ayment af premium. e} Insur�rs must be aut�orized fo do business in the State of Texas and have a curr�nt A.M. Best rating af A: VII or equivalen# measure of financial strength and solvency. f) Deductible timits, or self-fun�ed retention limits, on each policy must not exceed $10,OD0.00 per accurrence un[ess otherwise approved by the City. g) Other than worker's compe�sation insurance, in lieu of traditional insurance, City may consider alterna#ive coverage or risk freatmenf m�asures throUgh insurance poa{s ar rislc retention groups. The City must approve in writing any alternative coverage. h} Warkers' compensation insurance policy(s) covering employees shall b� endorsed with a waiver of subrogatian providing rights of recovery in favor of the City. i) City shall not be responsible for the direct payment of insurance premium costs. j} Insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage mainfained by Ci�y shall not be called upon to contri�ute to loss recovery�. Tilt Weecker (� Pagc �i of 12 k) Company shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could gi�e rise ta a liability claim or lawsuit or which could result in a property loss. I) Company's lia�ility shall not be limited to the specifi�d amounts of insurance reqUired herein. m) Upon the request of City, Company shall provide compl�t� copi�s of all insurance policies require� by these contract documents. 5.7 In the e�ent a state or federal law, ruls or regulation pertaining to wrecker service companies operating within the State of Texas exceed insurance requirements specified herein, such state or federal law, rule ar regulation shall prevail for the respective type of insurance coverage andlor limit ther�ofi. � DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shall perform the following duties and have the following res�onsibilities: a) Maintain as ifs primary business the towing of veE�icles ar trailers by wreckers meeting the requirements of paragraphs �}(a) and 4(b) above. "Primary business" shall mean that Company receives mor� than fifty per- cent (5�%) of �t gross revenues from the towing of ve�icles and trailers. All of company"s records shall be open to reasonable inspection, bo#h at t�te time of execufion of ihis agreement and afi any time during the term h�;reof, to verify compliance with this condition. b) Maintain a currently licensed vehicle storage facility locat�d within the carporate limits of the City, "Vehicle storage �acility" shall m�an a facility operated by a persan under Article G687-9a, Revised Statutes. c) Maintain business operation twenty-four (24) haurs a day, seve� days �er week. d} R�spond to all calls contemplated by this contract witnin thirty (30) minutes of nafification, except in extraordinary sit�ations where delay is caused by ice, snow, or other weather related conditions. In the event Company fails to Tilt Wrccl<er 7 Page 7 nf l2 respond as required, City may notify another wrecker campany and Company shall not be �ntitl�d to the compensation to which it would have been entitled had it arrived timefy. e) Maintain on file wifh the City the name of the owr�er, president or chi�f execufiv� officer, business address and teEephone number; fur�her Company shalf notify the City of any change of ownership, president or chief executive officer, ar change of addr�ss within five (5) business days of any such change. f) Deliver the motor vehicle being towed to the locat�on witF�in the corporafe limits af City designated by the police officer af the scene of the pull. De{i�ery shall be made without dekay or detour. g} Fully cooperate with any investigafion conducted by the City r�garding cornplaints against Campany, whether ar not such complaints arise out of services contemplated by this Cantract. h} Shall not become delinquent in the paymenf of any taxes due to City. i) 5hall not go to any accident scene unless the Company has b��n called to the scene by the owner or operator of a vehicle or an authorized representative of same, ar by the City. j} Completely remove alf debris resulting fram any accident �o wl�ich tf�e Company is responding. Removal� of debris shall not be considered complete by merely sweeping it to the curblin�. k) Shall not solicit any wrecker business within the corparate limits of City at the scene of a wrecked or disabled vehicle, regardless of whether the solicitation is for t�e purpose of soliciting the busin�ss of towing, repairing, wrecking, storing, �ra�ing, or purchasing �he vehicle. I} Sha[1 only �mploy drivers of tow trucks authnrized to operate same. m)Provide the Police Pound personnel with an invoice a# the time the vehicl� is delivered to the Auto Paund fiogether with fhe signed wreck�r selection form to be provided. Tilt Wrecicer g Pabe 8 of I 2 - 7. TERMINATI�N AND SUSPEN510N 7.1 This contract may be terminated or suspended by the City for any of the following ca�ases: a) Vialafion af any term or conditian specifi�d in this contracf. b) Failure to nofiify the Communications Division of the Police Department within fifteen (� 5} minutes from the time of notification if the Company will be una6le to respand withi� the thirty (30) minutes allotted for a res�onse fo a wrecker call. c) Permitting a tow truck to be operated by anyone while u�der the infiuence of alcohol andlor drugs. d) Permit�ing a tow truck to be operated by anyone whose operafor's license is sus�ended. �) Transferring or assigning ar�y call for service to any other company f) Any sustained complaint of theft by personnel of Company while acting in their capacity as emplayees of Company, whether occtarring during a police pull or otherwise. � g) Any sustained compEaint of threats made by personnel of the Company while acting in their capacity as employees of Company made against third par#ies during a police pull or otherwise. h) Failing to comply with ali directions of pofice personnel at the scene of a palice pull or civifian or police personnef at th� Police Auta Pound. Company may request a police supervisor to validate any such directian given. i) Failure to camply with any state or federal law or ciiy ordinance related ta the operat�on of a wrecker company. j) Five (5) passes within a thirty {30) day period. Pass in this paragraph shall mean Company fail�ng to notify tt�e City of its inability to res�ond to a request for service as required by �aragraph 2 abov�. TiIL Wrecicer {� Page 9 aF 1 z k) Ten �10) passes within a thirty (3�) day period. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a request fior service as required by paragraph 2 abave. I} Viofation of any rule or regulation conta�n�d in Exhi�it "A" attached hereto. 7.2 City shall notifiy Company in writing of its intent to terminat� or suspend fior cause twenty (20) days prior to such suspension or termination. Company shall have the right ta request a hearing before the Chief of Police or his designee regarding the intenf to terminate or suspend for cause by requesting a hearing in writing within fi�e (5) business days after receipt of notic� of intent to terminate ar susp�nd. A hearing shall be cond�cted within fifteen (15} days of the request for hearing. The City, in its so{e discretian, may temporarily suspend this contract �uring any appeal5 process. 7.3 In the event this contract is susp�nded for cause, the suspension shall be far a period of time of not less than six (G) months nar more than twelve �12} manths. 7,4 In the e�ent City susp�nds or terminates this contract far cause, and the cause for such suspension or termination is determined to be invalid, Company's so{e r�medy shall be reinstatement of ,thi� contract. Company expressly waives any and all rights to monetary damages, including but not limited to actuaE and punitiv� damages, court casts and attorney's fees. 8. INDEMNIFICATION With regard ta any liability which might arise hereunder, City and Customer agree that they shall b� sofely and exclusively liable for the neglig�nce of its awn agents, servants, subcontractors and employees and that neither party shall look to the ofher party to save or hold ii harmless for the consequences of any negligence on the park of one of its own agent, servant, subcontractor or em�loyee. Nothing contained herein shall be construed to be a waiv�r by City of any right of prot�ction that it enjoys under applicable State or Fed�ra{ faw. Tilt Wrecker 1 Q Page l U ot� l2 � ASSIGNMENT Company shall nat assign, transfer ar s�blet this Contract or any portion hereof to any party without the prior written consent of City that shall not be unreasonably withheld. Any such assignment, transfer or subletting of this Cantract shall be void and shall operate as a termination f�ereaf. 1Q. ZONES AND R4TATION LIST A. City shall di�ide the city into four (4) zones that shall correspand to the four (4) �atrol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its principa{ place of business. B. City shall create a rotation list within each of fhe four (4) zones tnat will dictate the order in which wrecker companies are confacted. C, C�ty may request Company to conduct a palice pull wit�in any zone, ar�d Cpmpany agrees to use its �est �fforts to arrive at fhe scene of the police pull within �hirty (30) minufes. 11. 1NDEPENDENT CONTRACTOR It is understood and agr�ed by the parties hereto that Company shall pe�form all wo�k and servic�s hereunder as an independent confractor, and not as an officer, ager�t, servant or employee of the City. Company shall have exclusive cantrol of and the exelusive r�ght to control the details of the worlc or service to be performed hereunder, and all persons p�rforming same on behalf of Company, and shall be solely responsible for the acts and omissions of its officers, agents, s�rvants, employees, contractors, subcontractars, licensees and invitees. The doctrine af respondeat superior shall not apply as between the City and Campany, its officers, agents, senrants, �mployees, cantractors and subcantractors, and nothing herein shall be construed as creating a partnership or joint venfure between the parties hereta. - In witness whereof, the parties h�r�to �a�e executed this Con�ract on the � �-�'�. ��y of , 20�3. Tilt Wreelcer 11 Page 1 I of 12 ATT�ST: �� ��� ����� -� �k�lar� Pearson v Cit Secreta Y rY APPROVED A5 TO FORM AND LEGALITY G � _ _. Assistani City Attorney ATTEST: /!�• � or rate Secretary r CITY QF -�ORT WO�TH By: � '-�ibby W�on Assistant City Manager � �i I - ' �� � -�� ' i -� . 1 . 1'S _ ^ � P _ _ P Con����+� ��utho t �a �ion � � / `� � . _ �,.�..- -�-�-' _._. 1���-'°. . .-...�_ •-.. ���� West Loop Towina & Recovery .�''a/C • (Company Narr�e) By: Jud u rd, resident �itt Wrccker 12 Paga l2 qf l2 ; ���,���y�� ,�s,���t ������W� �U���� ��������� ��_ ����� ���, ���. � ��HIBI'� A ATJ'I'� POlJl�TD The fnllowing rirles and regul�tialis will be follawed by ALL Wrecker Comp�t�iies ti�on ari-iv�l �t the Auto Po�i�id. 1. The entry gate will not be blociced by wrecicers waiting ta enter or exit the Auto Poui�d. 2. No wrecicer sh��l enter the Auto Pound with more tizai� ane (1) pez-sar�/operator, unless authorized l�y the o�1 duty sluft su�ervisor. Tlus will be done ou a case by case basis. 3. For safety reasons, a Car Carrier wi11 be requir�d to off load tlleir cargo when possiUle. This sl�all be determined Uy lhe on dL�ty supervisor. 4, Il�ventories should !�e handled in an expeditio�is inaiul�r whei� possibl�. Howe�ver, Auto Po�Gi1d personnel are required to do a can�plete and �recise itaventory of all property and velucies. A specific time fi�anle wolild Ue unpossible to i�zstitute. 5. Na wrecicer driver/ope�ator will assist with ai-�y ulventory Ueing cor�ducted l�y AlltO POLillf� jJelS011l1�1. 6. The use of C� Carrie��s, extra tii��e, extra e�uipi��e��t, etc., shall Ue subject to a��roval by tlle Wrecker Administrator or Auto Pound Supervisor. 7. Wrecicer drivers/aperators/owners shnll be requu ed to follow any directions or instruciions given by Atito Pouizd persoiinel. 8. Wrecker Coi�lpany �wners sl�all assist and comply with aiiy investigation pe�foi7iled Uy Aulo Pound persoi�iel or the Fort Wo�'t�� Police Depark�nenl ii� �•egards to tlleir coinpaily, driver, operator and or business without hesitation. 9, Viaiations of any of tl�e al�ove rules sl�all be suUject to revie�v by the Wrecicer Administrator oF At�to Pound Supervisor. Tlie Aufo Pound Su�eivisor or a higher Ievel of command n�ay detezn�ine disciplinary action up to aiid includiiig teriniiiation of contract. �ity o, f �'ori Wo�th, Te.�cas ����r a�d ������� ����c�r�;c�t��n DATE REFERENCE NUMBER LOG NAME PAGE 418I03 �-19544 3�TOWS 1 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND GONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FR4M MIJLTfPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT __ REC�MMENDATION: It is recammended that the City Council; 1. Authorize confracts far Palice Department reguested non-consent towing of vwrec�Ced or abandon�d vehicles from multiple vendors as re�uired� by Section 34-181 af the Code of the City of Fort Worth (1986), as amended; and 2. Aufhorize the contrac#s to �egin April 8, 2QQ3, and expire September 30, 2�03, with options ta renew for four additional one-year periods; and 3. Adopt the attached supplemental appropriation ordinance increasing esfimated receipts and appropriations by $446,944 in t�e General �'�nd from a�ailable funds. DISCUSSION: Section 34-181 af the Cade af the City of For� Worth (1986), as amended, required fihat all police department, non-consent taws, shall be undertaken pursuant to contract, specifically executed between the City and a wrecker company. The Public Safety Gommittee extansiv�ly rev��wed the new rates and unanimously appro�ed this recamm�ndation an March 25, 2003. There are three types afi contracts and rates as follaws: 0 5tandard tow #rucfcs $1 p0 o Tilt bedlrollbac� tow truc�Cs $125 • Tandem tow truc�Cs $180 Contracts wi�l be executed with any ver�dor desiring to pertorm non-consent tows for the Police Department, if they meet tE�e contraet requirement� such as towing o�eratinns being the �endars primary business, equipment specEfications, �nsurance, and a locally ficensed storage facility. The fees for services ta be pro�ided a�d assignment to one af fo�r zanes are the same as confained by City Cade. The es�imat�d expenditure for fhese services is $1.8 miliion per year including t�e anticipated increase (of $446,944) for the remainder of the fiscal year based an the revised rates. This increase wi�l be offset by re�enue collected as fees. RENEWAL OPTIONS - These contracts may be r�newed for up #o 'four successive one-year terms at t�e Ci#y's option. This action does not require specific City Council appro�al pra�id�d the Gi#y Gauncil C`ity of �ort Wo�t�i, �'exas �yar ��d ���r���l ������������� DAT� REFERENCE NUMBER LOG NAM� PAG� 418103 �_� 9�t�� 35TOWS 2 flf 2 SUBJ�CT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR N�N- CONSENT TOWING OF WRECKED OR ABANDONE� VEH[CLES FROM MUL.TfPLE VENDORS REQU{RED BY CITY ORD�IVANCE FOR THE P�L[CE DEPARTMENT has appropriated sufficient funds to satisfy the City's o�ligaiian during the renewa� term. FiSCAL INFORMATION/CERTIFICATION: The Finance Director certifies thai u�on appro�al and campletion af the aboue racommendations and the adoption o'f the attached supplemental appropriation ordinance, funds will be a�ailable in the current operating budget, as a�propriated, of fhe General Fund. LW:r 5ubrnitted for City Manager's Office by: Lihby Watson Originating Department Head: lZa]ph Mendoza Additional Informatian Contact: Susan Alanis � E`U1�D � ACCOUNT I (to) I GGO'! 539126 6183 GGO'! 462624 � 48386 I (from) GGQ9 53912a � 78262 � CENTER � AMOUNT 0353403 $448,944.0� 0353403 $446,944.0� 0353403 $446,944A0 CITY SECRETARY �1I'PRQVED Q4/08/03 ORD.� 15517