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HomeMy WebLinkAboutContract 28605CIYY ���I��i�R���4a�� _ _ .� . . C�Ni�ACT i� . CONTRACT FOR TOW TRUCK SERVICE (STANDARD SERVICE) WHEREAS, the City of Fort Worth occasionally requires ihe services af tow trucks; and WHEREAS, such tow truck s�rvices are necessary to protect the safety of tf�e citiz�ns of the City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, h�r�inafter referred fo as "City", acting herein by and through Libby Watson, ifs ��ly authoriz�d Assistant City Manag�r, and G3M Incorporated dba Metro-1 Wrecker Service, hereinafter referred to as "Company", acting herein by and fhraugh Alfred Gaber, its duly authorEzed President, agree as follows: 1. SERVICES City hereby contracts with Company to provide police pull towing service. As used herein, "pofice pull" shall mean thai the Fort Worth Palice Department has called Company from the rotation list to either remove a wrecked or disablsd vehicle or to remove a vehicfe in a safe �riving conditian, but the owner is not present, able or p�rmitted to drive or to make autharizations. 2. TERM The initial t�rm of this contract shall ex�ire on September 30, 2003. In addition to the initial term of this contract, tf�ere shall be faur o�tions to renew for ferms of one year each, unless earlier terminat�d as hereinafter pravided. Renewal shall occur upon City including in its f�udget for the options yea�s sufficient fun�s to pay for its obligations hereunder and Company providing proof af insUrance to City. 3. COMPENSATION 3.� Comper�sation. As compensation far providing the�.. 5�vi� contemplafed by this Contract, City agrees to pay Company as follorlvs: ���� I � a) Towaae. A charge of One hundred Dollars ($�OO.QO} for towing suc� vehicle from one point on a street ta another location within the corporate limits of the city as directed by the police depar�ment at ff�e place where the tow originated; such charge includes one-�a�f hour of extra work. b} Second tow truck. In the event the police officer at the scene determines thaf a second tow truck is re�uired, a charge af One hundred dollars ($1 �a.OD) per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pull. A poEice supervisor shall approve fhe use of a second tow truck. Travel fime is exclude�. c) Extra worl�. An additional charge of one hundred dollars �$�OQ.OD} per haur, with a minimum charge of one hour, c�arged in incremenfs of fifteen �15) minutes, for removing ��hicles that are off the street right-of-way, such charge to be made from the time the operator begins to remave the vehicle until it is an the traveled partion af the street. Even f�ough th� �ehicle is within the sfreef right-of-way, an addifional charg� may be made if the ��hicle is locat�d in some unusual condition 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 on[y be allowed when authorized by a police officer at the scene of the pul[. The charges for such extra work shall be reviewed and approved by the Auto Pound Wrecker Administrator. Extra work excludes fravel time, waiting time ar�d clean-up time. d} Use of a dollv. No additional fee shall be charged for the use of a dolly. e} Handlinq hazardous materials. When t�e cargo of any motor vehicle or trailer �ncludes explosive, nuclear, radioactive, hazardous ar corrosive materials, as defined by the Environmenta[ Pratection Agency, Texas Department of Transportation, or the Texas Commission on Environmenta[ Quality, a fee equal to one hundred-fifty (15D) percent of the charges w�ich may be assessed pursuant to subparagraph "a" above. [n addition, a charge may be made for expenses incurred related to protective clothing and any Standnrd W��ecker 2 Page 2 of 12 other supplies or equipment used in handlin� such materials, such charge being equal to the actual amounfis incurred plus fifteen (15) percent. f) Nothing contained herein shali be construed so as to ob�igate City to expend any sums of money. Further, nothing contained herein shall be construed so as to guarantee to Company that City will contac# Company for any towir�g se�-vices confemplated by this Contract. 3.2 Invoicinq and Pavment. Company shall Invoice City ance per manth. Company shall include with the invoice such �ocuments as may be reasonably requested to provide e�ider�ce of the services pravided to the City, which at a minimum shall include copies of fhe wrecker selection form signed by the officer at the scene of the police pull andlor personne[ at the Fort Worth Auto Pound. Such invoice si�afl be su�jecf to the review and approvaf of appropriate City personnel. City shall remit payment fo Company nof more than th�r�y {30) days following approval of invoice. 3.3 Compensation RevEew. City shall raview on an annual basis the compensation provided for hereunder, with t1�e firs� sucf� review to be conducted during the month of August 2003. Simifar r�viaws sha11 accur irt August of each succeeding year that this contract is in effect. City shall make adjustments in the compensation based upon increases or decreases in the cost of doing busirtess, taking into consideration fuel, insurance, labor, and sucn other cosfs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company sna�l maintain at ail times the following vehic�es and equipment in working condition: a) A minimum of two (2) wre�ckers, one of which shall be not less than 14,000 pour��s gross vehicle weight and one of which shall be not less fhan 10,000 pounds gross vehicle weight, dual rear wheels, equipped with a hydraulic o�eraied wineh, winch lines, and a boom rated at nofi Eess than 8,000 paund lift capacity and a wheel lift device rated at not less than 2,500 pounds. Standard Wreeker ra�� 3 of tz 3 , ' 1 , b) At a minimum, all wreckers sl�all be equippad with the fallowing equipment, which at a!I times shall be maintained in working order: 9) 2) 3) 4} 5} 6) 7} 8} 9) 10) 11) 12) 13) 14) Tow bar Towing lights Emergency o�erhead warning lights (red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wr�cking bar Broom Ax � Shavel Reflectors or traffic cones Trash canfainer Two way �oice or computer communication between tow truck and Company dispatcher Backing warning signal Wheef chocks c} Each wr�ck�r shall ha�e the identifying markings requirecf by the Texas Transportation Code, section 642.002. ln addition, each wrecker shall provide Notice of Complaini Procedures to the owner of a towed vehicle as outlined by the Texas Department of Transpor�ation Rules and Regulations as contained in �3 Texas Administrative Code, Cha�ter '18, su�chapfer 18.89, as same may be amended from time to time. d) Each tow truck and the required equipment s�tafl be inspected by the Chief of Police or his authorized designee prior to being used for services contemplafed by this contract, In ad�ition, each tow truck and th� required equipment shall be subject to intermitter�t inspectinn to assure compliance wifh this contract. Standa�-d Wrecker 4 Paga 4 af l2 �. INSURANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to City of the following types and amounts: 5.1 Gommercial Genera� Liabili�y $500,0�0 each occurrence $500,000 aggregat� or Carage Liability $500,000 each accident, other than auto $500,000 aggre�ate 5.2 Automobile Liability $500,OOQ each accident, combined single limit This coverage si�all include a11 vehicles owned or non-owned that are operating under Campany's operafing authority, 5.3 CargolOndHoof� $3Q,OOq per unit Coverage shall include both the unit being towed and its contents. Units covered s�a11 incfude but not be limited ta mator vehicles, trailers and boats, Coverage s�all be wri#ten on a direct �rimary basis. 5.4 �ARAG�K�EPER'S LIA�1LliY $30,000 per unit 5.5 Worker's Compensatior�IAccident Insurance Coverage snall meet the minimum requirements of state law as con- #ained in the Motor Carrier Rules and Regulations. 5.6 Current insurance certificates sha[1 remain on file with the City during fihe term of this Contract. Insurance coverage may, at the sole discretion of the City, be revised uprrvard u�on thirty (3D) days prior written notice to Company. Palicies sha�[ be endorsed as follows: 3tandard Wrecker P&gC $ Of li �J a} The City, its officers, emplayees ar�d servants shall be endorsed as an additional insured on all policies exc�pt employer's liability insurance coverage under the workers" compensation insurance policy. b) Certificates of insurance sha�l be delivered to fhe supervisor of th� City of Fort Worth Auto Pound, 1301 E. Northside Drive, F'ort Worth, TX 761 D2, prior to any work being pe�forme� under this contract. c) Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d} Each insurance policy shall be endorsed to provide the City a minimum thirky days notice of cancellation, non-renewal, andlor mat�rial change in policy terms or co�erage. A ten days notice sf�all be acceptable in the evenf of non-payment of premium. e) Insurers must be authorized to do business in the State of Texas and have a current A.M, Best rating of A: VIf or equivalent measure of financial strength and so[vency. f), Deductible limits, or self-funded refention limits, on each policy mus# nat exceed $1 a,000.00 per occurrence unless otherwise approved by the City. g} Other than worker's compensation insurance, in lieu of traditional insurance, CEty may consider alternative coveraga or risk tr�atment measures thrnugh insurance pools or risk retention groups. Th� City must approve in writing any alternative coverage. h) WarKers' campensation insurance policy(s) covering employees shall be endorsed with a waiver of subrog�tior� providing rights of reco�ery in favor of the City. i) City shall not be responsible for th� direct paym�nt of insurance premium costs. j) Insurance policies shall each be endorsed to provide thafi such insurance is primary protection and any self-funded or cammercial coverage maintain�d by City shall not be called upon to contribute ta loss recovery. Slandard Wrecker Page G of 12 6 k} Campany shall report, in a timely manner, to City's officially designated contract administrafar any known loss occurrence whicF� could gi�e rise to a liability claim or lawsuit or which cauld result in a proper�y loss. I} Company's liability shall not be limited to the s�ecified amounts of insurance required herein. m) Upon the request a�f City, Company shall provide compfete copies of all insurance policies required by these contract documents. 5.7 ln the event a state or federal law, ru[e or regu[ation p�rtaining to wrecker service companies operating within the Stat� of Texas exceed insuranc� requirements specified herein, such stafe or federal law, r�tle or regulation sha[I pr��ail for th� respective ty�e of insurance coverage ar�dlor limit thereof. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shall perform the following dut�es and have �he following responsibilities: a} Maintair� as its primary business the towing of �ehicles or trailers by wrec�ers meet�ng the requirements of paragraphs 4(a} and �(b} above. "Primary business" shall mean that Company receives more than fifty per-cent (a0%) of it gross re�enues from the tawing of vehicles and trailers. All of company's records shall �e apen to reasonable inspection, both at the time of execution ofi this agreement and at any time during the term hereof, to verify compliance with this condifion. b) Maintain a cu�rently licensed vehicle storage facility located within the corporate limits af ihe City. "Vehicle storage facility" shall mean a facility operated by a�ersan lic�rtsed under Arficls 6687-9a, Revised Statutes. c} Maintain business operation twet�ty�four (2�} �ours a day, seven �ays per week. d) Respond to all calls contempCafed by tf�is contract withir� thirty (30) minutes af notification, except in extraordinary sifivations where delay is caused by ice, snow or other weather related conditions. In the event Company fails to respond as required, City may notifiy another wrecker company and Company Slaiidard Wrecker 7 Page 7 of 12 ' �, ' .�, 7. TERMINATION AND SUSPENSION shall not be entitled to the compensation to which it wauld have been enfitled had it arrived timely. e) Maintain on file with the City the name of the owne�', president or cY�ief executive officer, business address, and te[ephane number; further, +Company shall notify tha City af any change af ownership, president or chief executive officer, or change of address within five (5) business days of any such change. f) Deliver the motor vehicle being towed to the location within the corporafe fimits of City designated by the police ofFicer a� the scene of the pull. D�liv�ry sl�all be made without delay or detour. g) Fully cooperate with any investigation c�nducted by the City regarding complaints against Company, whether or nof such complaints arise out of services contem�lated by this Contract. h) Shall not become delinguent in the �ayment of any taxes due to City. i) Shall not go to any accident scene unless the Company has b�en called to fhe scene by tf�e owner or operator of a v�hicle or an authorized representative of same, or by ti�� City. j) Compfete[y remove all debris resulting from any accident to which the Company is responding. Removal of de�ris shall not be considered complete by merely sweeping it to tne curbline. k) Shall not solicit any wrecker business within the carporate limits of Gify at the scene of a wrecked or disabled vehicle, regardfess of whether the solicitation is for the pur�ose of saliciting #he business of towing, r�pairing, wreckin�, storin�g, trading, or purchasing tha vehicle. I) 5hall only em�loy �rivers af tow irucks authorized to operate same. m) Pro�ide the Po[ice Pound personnel with an invoice at th� time the �ehic�e is delivered to the Auto Pound together with the signed wrecker selection form to be provided. 7.1 This contr�ct may be terminated or suspended by City for any of the following causes: 5ta3�dm�d Wrecker Pagc 8 nf 12 � � , ' . , a) Viola#ion of any term andlor condition specified irt this contract. b) Failure to notify the Communications Division of the Police Department within fifteen (� 5) minutes from the time of notificatior� if the Company will be unable to respond within the thiriy (30) minutes allotted for a response to a call fior wrecker service. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol andlor drugs. d) Permitting a tow truck ta be aperated by anyone whose operator's license is suspended. e) Transferring ar ass�gning ar�y call for service to any other company f) Any sustaine� complaint of theft by personnel of Company while acting in their ca�acity as employees of Company, wh�ther occurring during a police pull or otherwise. g) Any sustained complaint of threats made by personnel of the Company whiEe aeting in their capac�ty as employees of Company made against third parties dur�ng a police pull or otherwise_ h) Failing to comply with all direct�ons of pofice personr�el at th� sc�ne of a police pull or civilEan employee at the Police Pou�d. Company may request a police supervisor to validate any such directian gi�en. i} Five (5} passes within a thirty (30) day period. Pass in this paragraph shall mean Company failing to noti�y the City of its inability to respon� to a request for service as required by paragraph 2 above. j} Ten (10) passes within a thirty (3Q) day period. Pass in this paragraph shall mean a Company r�otifying the City of its inabil�ty to respond to a request for service as required by paragraph 2 above. k) Violation of any r�le or regulation contaE�ed in Exhibif "A" attach�d h�reto. I) Failure ta comply with any state or federal law or city ordinance related to the operation of a wreck�r company. 7.2 City shaU notify Company in writin� of its intent to terminate or suspend for cause fwenty (20) days prior to such suspensian or fermination. Company shall have the right to request a nearing befare the Chief of Polic� or his designee 5landarc! Wrecker Page 9 of l2 � regarding the intent fo terminate or suspend for cause by requesfing a hearing in writing within five (5) business days after receipt of notice of in#ent to termirtate or sus�end. A hearing shall be conducted within fifteen (�5) days of the request for hearing. The City, in its sole discretion, may temporarily suspend this contract during any appeals process, 7.3 In the ev�nt this contract is suspended for cause, the suspension shall be far a period of time of not less fhan six (6} manths nor more than twelv� {12) months. 7.4 !n the event City suspends or terminates this contract for cause, and the caus� for such suspension or term�nafion is determined to be invalid, Company's sole r�medy s�al{ be reinstatement of this confracf. Company expressly waives any and all rights to monetary damages, including but not limited to actual and �t�nitive damages, court costs and at�orney's fees. 8. INDEMNIFICATION With regard to any liability which might arise hereunder, Gity and Company agree #hat they shall be solely and exclusively liab[e for the negligence of its own agents, servants, subcontractors and em�loyees and that neither party shall look to the other party to save or hold it harmless for the cansequences of any negligence an the part of on� of its own agent, servant, subcontractor or employe�. Nothing contained herein shall be construed to be a waiver �y City of any right of prot�ctior� that it enjoys under applica�le State ar Federal law. 9. ASSIGNMENT Company shall not assign, fransfer or sublet this Contract or any por�ion hereof to any party without the prior writ�en consenf of City that shafl not be unreasonably withheld. Any such assEgnm�nt, transfer or subletting of this Contract without the consent Qf the City shall be void and sha�1 operate as a terminafion hereof. 5tandard Wi�eckcr Page ] D of l2 1� � 1 1 � . 1 �a� ZONES AND ROTATION LIST 10. � City sha[I divide the city into four (4) zones that shall correspand ta the four (4) �atrol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains i�s principal place of business. 1 Q.2 City shall create a rotation list within each of the fou� (4) zones that will dictate t�e ar�er in which wreeker companies are contac#ed. 10,3 City may request Campany to conduct a police pull within any zone, and Company agrees to use its best efforts to arrive at the scene of the police tow within thirky (3�} minutes. 11. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Company shall perfarm all work and services hereunder as an independent contractor, and not as an off�cer, agent, servant or employee of the City. Company shall ha�e exclusive control of and the exclusive right to cantrol the details a�f the work or service to be �erformed hereunder, and all persons performing same on behalf of Campany, and shall be solely responsible fior the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shal{ not apply as between t�e City and Company, �ts officers, agents, serva�ts, employees, contrac#ors and subcor�tractars, and �othing herein shall be construed as creating a partnership or joint venture between the parties i�ereto. Siandard Wrecker 11 Pagc l 1 of l2 In witness whereof, the parkies hereto have execuied this Contract on the � day of , 20Q.3 � ATTEST: CITY O�`�JRT WOf�TH By: , - �lori Pearson ��by Wa.�son City Secretary Assistant City Manager APPR4VED AS TO FORM AND LEGALITY � Assistant�ity Attorney ATTEST: Corporate S�cr�tary 5landarc{ Wreelcer Pagc 12 of l2 �y� �__'._, �,?. �:on�.rac�t Authorizatian I�, � � " � �' �_1 ���� - ____.__.�_ G3M Incor�arated dba Metro-1 Wrecker Service (Company Name) � r � . - 12 i � �SiS�M�SNJ u V � `4��� ' � . �i�� � ���� � �����.� � 1�. 1�.�T'� ���� T�e f��lo���ng �-uFes ���d i�eg�c�a�iar�s �vil� ba fol9a�ed by �.L �reci�e� �o�npamies �pon ara•ival at the Auto Poand. l. Tl�e eiltry gate vvill not be bloclted Uy wrecicers waitu�g to ei�ter or exit the Auto Pound. 2. No wrecicer shall e�iter the Auto Pound with nzore tllan one (1} person/o�eratar, unless aufihorized by the oil dltry sluft supervisor. This will be done on a case by c�se basis. 3. For safety reasolis, a C� Carrier wilI be required to of� load iheu cargo when �ossil�l�. Thas shall be detenl�ii�ed by tl�� oia duty su�ervisor. 4. Inve�itories shotiild be handled in azz expeditious manner when passible, However, Auto Pound persoiinel ara requi�red to do a camplete and precise inventory of al� property and vehicles. A specific time fran�e would i�� unpossi�le to instit�zie. � 5. Na w�ecicer driver/operator will assist vvith a.ny inven�ozy being coiiducted by Auto Polu7d persoru�el. 6. The ttse of Car Cai-rzexs, ex�ia tuzle, e;�tra enuipment, etc., shall be suUject tQ apprav�.l by t11� Wrecicer Adi�.inistrator or Auto Pound Supervisor. 7. Wrecicer drivers/aperataz�s/owners sha11 be required to follow any dueciions ar u�stitiictions given by Attto Poui�d persnz�ael. S. Wr�cl�er Coinp�y Owners sliall assist and coiu�ly witla any investigatian perfoi7lzed by Auto Pound persoiinel nr the Fort Warth Police Depa1-kment in regards to their campany, driver, operatar and or business without l�.esitation. 9. Violatioils of a��y of fhe above rules shall be stibject to review l�y tl�e Wrecker Admir�stratar ar Auto Pound St�pervisar. 'I`l�e Auto Pou�id Supervisar ar a higher Ie�el of command rnay detei711ine disciplu�ary action up to and inclt�d'uig ter7niiiation of coilt�act, City o�'�'ort Wor�th, �'exa�s _ r����r �rn� �a���;� �,����r�;cat���r DA7� REF�RENCE NUMBER LOG NAME PAGE 418103 ��� ��4� 35TOWS 1 of 2 SUBJECT SUPPLEMENTAL APPROPR�ATION ORDINANCE AND CONTRACTS F�R NON� CONSENT TOWING OF WRECKED OR ABANDONED VEHICL.ES FROM MIJLTIPLE �ENDORS REQUIRED BY CITY �RDlNANCE FOR THE POLiCE DEPARTMENT RECOMMENDATION: It is r�commended that the City Council: 1, Authorize contracfs fvr PoCice Department re�uested r�or�-consent towing o� wrecic�d or abandoned vehicles from multiple �endors as required by Section 34-181 of the Code of fhe City of Fort Worth (�986), as amended; and 2. Authorize the contr�cts to 6egin April 8, 2�03, and expire September 3Q, 2003, witf� optivns to renew for four additional one-year periods; and 3. Adopi the attached supplemental appropriation ordinance increasing estimated receipts and appropriations by $446,944 in the Genera� Fund firom a�ailable funds. DiSCUSSION: 5ectior� 34-181 af the Code of the Cify af �'or# Worth (1986}, as amended, required that all police department, non-cons�nt tows, shall be undertaken pursuant to contract, specificafly exec�t�d between the City and a wrecker company. The Public Safiety Committee extensivefy reviewed the new rates and unanimously appro�ed this recommendaiion on March 25, 2003. There are three types of contracts and rates as folfaws: � Standard taw frucks $'i QO � Tilt bedlrollback taw trucks $125 � Tandem tow trucks $18� Contracts wi[I be execu�ed with any uendor desiring to perform non-evnsent tows �ar tFre PoGce D�partment, Ef they meet tMe contract re�uiremer�ts such as towing operations b�ing fhe �en�ors �rimary b�siness, equipmen# specifications, in�urance, and a lacally licensed storage faciEity. The fees far serrrices to be provided and assig�ment to or�e of four zanes are #he same as contained by City Code. The �stimated expenditure for these services is $1.8 million per year inciuding the anticipated ir�crease (of $446,944) for t�e remainder of the fiscal year based on the revised rates. This increase will be ofFsei �y revenue collected as faes. RENEWAL OPTIONS - These contracts may b� renewed for up to faur successive one-year t�rms at the City`s aption. This action does not require specific City Council appro�a! pro�ided the City Counc�l �'ity of �'ort T�iTo�tli, T'e�as ���� r��d ����tc�l ��r����������� DATE REFER�NCE NUMBER LOG NAME PAGE 4/8103 �_� �5��, 35TOW5 2 of 2 SUBJECT SUPPLEMENTA� APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED QR' ABANDONED VEHiCLES �ROM MUL.TIPLE VEN�ORS REQUIRED BY CITY ORDINANCE F�R THE POLICE DEPARTMENT has appropriated suf�icient funds to satisfy th� City's a�ligation during fhe renewal term. FISCAL INFORMATIONICERTIFICATION: T�e Finance Director certi#ies #hat upon ap�roval and completion of #he abo�e recommendations and the adoption of the attached supplemental appropriation ordinance, fun�s wiil be a�ailabie in the current operating budget, as appropriated, of the General Fund. . �np� SuUmitted far City Manager's Offce by: L,ibby Watson Originating Department Head: [talph Menc�oza Additionstl Informatinn Cantact: 5usan Alanis I�'IJNll I ACCOUIVT I CENTER I (to) � GGO'E 53912Q 0353403 6183 I GG01 462624 03534a3 48386 I (from} GG01 539'f 20 03534Q3 � 7$262 � AMpUNT $446, 944.00 $446, 944.00 $446, 844.00 CITY SECRETARY /tPPROVED 04/0&103 ar�.� tss»