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HomeMy WebLinkAboutContract 28606p y �I�Y �E��E�t��Y ��`� CONTRAC� 1� , t� CONT�d-;�kCT FOR T�IN TRUCK SERVICE (TILT BEDIROLL BACK} WHEREAS, the City of Fo�t Wor�h occasianally requires the services of tow trucks; and WHEREAS, such tow trucl� services are necessary to protecf the safety of the citizens of the Cifiy of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referre� to as "City", acting herein by and through Li�by Watson, its duly authorized Assistant City Manager, and Fort Worth Tawinc� & Recoverv, hereinafter referrsd ta as "Company", acting herein by and through Micha�l Yates, its duly authorized Own�r, agree as foflaws: 1. SERVICES City hereby contrac�s with Campany to provide police pull tawing service. As used herein, "'police pull" shall mean that the Fort Warth Police Department has called Company from th� rotation list ta either remove a wrecke� or disabled venicle or fo remove a vehicle in a safe dri�ing condition, but the awner is not present, able or permitted to drive or to make aufhorizations. 2. ���:�►►1 The initial term of this contract shall expire on September 30, 2003, ln addition to tF�e initial term of this contract, there shall be four options to re�ew for t�rms of on� year each, unless earlier terminated as hereinafter provided. Renewal shall occur upon Cify including in its budget for the opfions years sufficient funds io pay for its obligations hereunder and Comparty praviding proof of insuranc� to City. 3, COMPENSATION 3.1 Campensafion. As compensation for providing the services contemplated by this Cantract, City agrees to pay Company as follows: _ �� __ _ .. .�.��'��',+,� ,������ � ���� �������� �� �'��u���, ���. a) Towaqe. A charge of one hundred twenty fi�e dollars ($125.D0) for towing such vehicle fram one poir�t on a street fo ano#her location within tt�e corporate limits of the city as directed by t�e police officer at the p[ace where fhe tow originafed; such charge includes one-nalfi hour of Extra Work. In the event Company responds to the scene of a palice pull with a tilt bedlroll back truck when the palice p�all could have been accomplished with a standard tow #ruck, Company shall be entitled to the reduced charge of One hundred doll�rs ($100.Q0}. b) Second taw vehicle. In th� event the �olice officer at the scene determines that a standard tow vehicl� is required in addition to the tilt bedlroll back truck, a charge of One hundred Dollars ($100.00) per haur, with a minimum charge of one hour, billed in increments of fif�een {� 5) m�nutes while at the scene of the po{ice pull. A police supervisor shal[ approv� the use of a second tow truck. Travel time is excluded. c) Extra work. An additEonal charge of �ne hundred dollars ($100.00) per haur, with a minimum charge of one hour, charged in increments of fifteen (15) minutes, for remaving vehicles that are off the sfreef right-of-way, SUCFI charge ta be made from the time th� operator begins to remove the vehicle until it is on fhe tra�el�d portion of the street. Even though the �ehicle is within th� street right-of-way, an additional charge may be made ifi the �ehicle is lacated �n some unusual condition within the right-of-way, such as, but not limited to, a river or a creek b�d or a ditch of greater deptf� than the ordinary bar ditch. Extra work sha�l only be allowed when authorized by a police officer at the scene of the pull. The charges for such extra work shall be reviewed and approve� by the Auto Pound Wrecker Administrator. Extra work excludes travel time, waiting time, and clean-up tim�. d} Handlina hazardous materials. When the cargo of any motor vehicle or trailer includes explosi�e, nuclear, radioactive, hazardous or corrosive mat�rials, as defined by the Environmental Pratection Agency, T�xas Depar�ment of Transportation, or the Te�cas Commission on Environm�ntal Quafity, a fee equal to one hundred-fifty (1�0) percenf of tf�� charges Tilt Wi�eckcr � Pa�e 2 of I 2 r � permitted �nder subparagraph "a" above. Ir� addition, a charge may �e made for exp�nses incurred relat�d to protective clothing and any other supplies or equipm�;nf used in handling such materials, such charge being �qual to the actual amounts incurred plus fifteen �15) percent. e) Not�ing contained herein shafl be construed so as to obligate City to expend any sums of money except for work actually performed. Further, nothing contained herein shal{ be construed so as to guarantee that City will contact Company fior any towing service eontemplated by tnis Contract. 3.2 Invoicinq and Pavment. Company shall Invoice City once per month. Company shall indude with the invoice such documents as may be reasonably requested to provide evidenc� of tf�e services pra�id�d to the City, which at a minimum snall include co�ies of the wrecker selection form signed by the afficer at the scene of the polic� pUl[ andlor personn�� at the Fork Worth Auto Pound. Such in�oice sha{I be subject to the review and appro�al of appropriate City personnel. City sha[I remit payment to Company not more than thirty (30) days following approval af invoice. 3.3 Compensation Revi�w. Cify shall review on an annual �asis the compensa�ion provided for hereunder, with the first such review to be conducted during the month of AUgust 2003. Similar reviews sha[1 occur in Aug�st of each succeeding year that this contract �s in effect. City st�ail make adjustments in �Y�e compensation based upan increases or decreases in fhe cost of doing business, taking into consideraiion fuel, insuranee, labor, and such other costs as may be relevant to the operatian af a towing business, 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall main#ain at all times the following vehicles and equi�ment in working candition: a} A minimum of one (1 } tilt bedlroll bacK dual rear wheel wrecker rat�d af not less than 14,000 pounds gross vehicle weight. b) At a minimum, a[I wreckers shall be equipped with fhe following equipmer�t, which at afl iimes shall be maintained in working order: 7'ilt Wrecker 3 Page 3 of 12 r � �� 2) 3) 4) 5} 6) 7) 8} 9) 10) 1�) 12) 13) 14} 15) Tow bar Tawing lighfs Emerg�ncy overhead warr�i�g lights (red or amber color only} Safety chain �ire extinguish�r, A.B.C. Typ� Wrecking bar Broom Ax Shovel Reflectors or traffic cones Trash container Two way voice or computer communication between tow truck and Company dispatcher Backing warning signals W heel chocks Traffic cones c) Each wrecker shall have the identifying markings required �y the Texas Transpor�at9on Code, s�ction 642.OQ2. In additian, each wrecker sha11 provide Notice of Complaint Procedures to the owner of a towe� vehicle as ouflined by the Texas Department of Transportation Rul�s and Regulations as contained in 43 Texas Administra�ive Code, Chapter 9 8, s�bchapfer 18.89, as same may be amended firom time #o time. d} Each tow truck and the required equipment shall be inspecied �y the Chief of Police or his authorized designee prior fo being used for services cont�m�lafed by this contract. In addition, �ach fow truck and the required equipment shall be subject to infermittent ins�ectior� to assur� complianc� wifh this contract, Tilt Wrecker 4 l'age 4 of I 2 [ y 5. INSURANCE REQUIREMENTS Company shall maintain ins�arance of the following types and amounts from insurers acceptable tn the City: �.1 Commercial General �.iability $500,000 each accurrence $500,000 aggregate or Garage Liala'rlity $50fl,000 �ach accid�nt, ofher than auto $500,Ofl0 aggregate 5.2 Automobile I�iability $500,000 each accident, combined single limif This coverage sha[1 include all vehicles owned or non-owned that are o�erating under Company's operating authority. 5.3 CargolOnoHook $30,000 per unit Coverage shall include both the unit being tawed a�d its contents. Units eovered sF�alf include but not b� limited to motor vehicies, trailers and boats. Coverage sha[I be written on a direct primary basis. 5.4 GARAGEKEEPER'S LIABILIiY $30,OD0 per unit 5.5 lNorker's Compensationl�4ccident Insurance Coverage shall maet the minimum requirements af state law as con- tained in the Motor Carrier Ru�es and Regulations. 5.6 Current insurance certificat�s shall remain on fEl� with the City during the term of this Contract. Insurance caverage may, a� the so[e discretion of the City, be r�vised upward upan thirty �30) days prior written notice to Company. Palicies shal[ be endorsed as follows: 'filt Wracker 5 Page 5 of l2 [ � a} The C�ty, its officers, amPloyees and servants shall be endorsed as an additional insured on all policies except employer's liability insurance coverage under the workers' compensafion insurance policy. b) Certificates of insurance shall be delivered to the supervisor of fhe City of Fort WortY� Auto Pound, 1301 E. Northside Dri�e, Fart Worth, TX 76102, prior to any work being performed under this cantract, c} Any failure on part of the City to request required insurance documentation sF�all not constitute a waiver of the insurance requirements specif�ed �erein. d) Each insurance policy sF�a11 be endorsed to pro�ide the City a minimum thirty days r�otice of cancellatian, non-renewai, andlor mat�rial change in policy terms or coverage. A ten days notice shall be acceptable in the e�e�nt pf non-payment of premium. e} Ir�surers m�st be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or �qui�al�nt measure of financial strength and solvency. f) Deductible limits, or self-funded retention limits, on �ach policy must nof exceed $10,DQ0,0� per occurrence unless otherwise approved by fhe City. g) Other tha� worker's compensatian insurance, in lieu of traditional insu�ance, City may consider alterna�iv� coverage or risk treatment measures through insurance pools or risk retention groups. The City m�st appro�e in writing any a�ternative coverage. h) Workers' compensation insurance policy(s} covering employees shall be endorsed with a waiver of subragation providing righ�s of recovery in favar 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 protectian a�d any self-funded or commercial coverag� maintained by City shafl not �e called upon ta contribute to loss recovery. 7'ilt Wrecke3- 6 Page 6 oi l2 r � k) Company shall report, in a timely manner, to City's officialiy d�signai�d contract administrator any known loss occurrence which could give rise to a IEability claim or lawsuit or w�ich could result in a property loss. I) Campany's liability shall not be {imited to the specified amounts of insuranc� rcquired herein. m) Upon the request of City, Company shall pro�ide complete copies of all ins�rance policies required by these contract doc�mer�ts. 5.7 In the event a state or fed�ral law, rule or regulation pertaining #o wrecker SEIVIC@ companies operating within the State of Texas exceed insurance requirements specified herein, such state or federal faw, rule or regulation shall prevail for the respective type of insurance coverage and/or limit thereof. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shaEl perform the following duties and have the following responsibilities: a} Maintain as its pr�mary business fhe towing of �ehicles or trailers �y wr�ckers me�ting �he r�quir�me�ts of Paragraphs 4{a) and 4{b) abo�e. "Primary busEness° shall mean that Company receives more than fifty p�r- cen� {50%} of it �ross revenues from the towing of v��icles and trailers. All of company's records shall be open to reasanable inspection, both at tf�e time of execution of this agreement and at any tim� during tf�e term heraofi, to verify compliance with this condition. b) Maintain a currently licensed vehicle storage facility located within the corporate limits of the City. "Vehicle storage facility" shal� mean a facifity operat�d by a person under Articl� 6687-9a, Revised Statutes. c) Maintain bUsiness operation tw�nty-four (2�) hours a day, se�en days per week. d} Respond to al[ calls cantemplated by this cantract within thirty (30) minutes of notification, except in extraordinary situations where delay is caused by ice, snow, or other weather related conditions. In the event Company fails to Till Wrecker 7 Page 7 oF I 2 � , res�ond as required, City may notify anather wrecfcer company and Company shall not be entitled to th� compensation to which it would have been enfifled had it arrived timely. e) Maintain on file with the City th� name of the owner, president or chief �xecutive officer, t�usiness address and telepi�one number; further Com�any shall notify the City of any change of ownership, preside�t or chief executiv� officer, or change af address wiihin five (5} �usiness days of any such change. f} Deli�er the motor �ehicle being towed to the location within the car}�orate limits of City designate� by the police officer at the sc�n� of the pull. Deii�ery shall be made without delay or detour. g} Fu1ly caoperate with any investigation conducted by the City regarding complaints against Company, whether or not such complaints arise out of services contemplated by this Contract. h) Shall not become delinquent in the payme�t of any taxes due to City. i) Shall not go to any accident scene un{ess the Company has been called to the scene by the owner or operator of a vehicle or an authorized representative of same, or by the City. j) Completely remove all debris resulting from any accident to which the Company is respanding. Removal of debris shall not be considered compfefe by mer�ly sweeping it #o the curbline. k) Shall not solicit any wrecker business wit�in the corparate limits of City at the scene of a wrecked or disabled v�hicl�, regardless of whether the solicitation is for the purpose of solicitin� the busi��ss of #owing, re�airing, wrecking, storing, trading, or purchasing the vehicf�. I) Snall only employ drivers of tow trucks authorized to operafe same. m}Pravide the Poliee Pound personnel with an ir�vaice at the time the vehicle is delivered to the Auto Pound together with the signed wrecker selecfion farm ta �e provided. Tilt Wreckar � Page8ofl2 7. TERMINATION AND SUSPENSION 7.� This contract may be terminated or suspended by the City for any of the following causes: a) Violation of any term or condifion specified in this contract. b) Failure to notify the Communications Division af the Police Department within fifteen (15) mint�tes from the time of notification if tha Company will be unable to respond within the thirty (30) mi�utes alfotted far a response to a wrecker call. c) Permitting a fow truck to �e op�rated by anyone while u�der the influenee of alcohol andlor drugs. d) Permitting a tow truck to be operated �y anyon� whose operator's license is suspended. e) Transferring or assigning any call for service to any other company f) Any sustained complaint of theft by personnel of Company while acting in their capacity as employees of Company, whether accurrirtg during a pofice pull or otherwise. g) Any sustained complaint of threa�s made by personnel of #he Gompany while acting in their capacity as employees of Company made against third parties during a police pull or otherwise. h) Failing to comply with all directions of �vlice persvnnel at #he scene of a palice pull or civilian or police personnel af the Police Auto Pound. Company may request a polic� supervisar to validafe any such directian given. i) Failure to comply with any state or fed�ral law or city ordinance related to the o�eration of a wrecker company. j) Five (5) passes within a thirty (30) day p�riod. Pass in this paragraph shall mean Company failing to notify the City of its inability fo respond to a request for s�rvice as required by paragraph 2 above. Tilt Wreckcr 9 Page 9 of 12 r k) Ten (10} passes within a thirty (3Q) day period. Pass in this paragraph shall mean a Company natifying the City of its inability to respond to a reques# for service as required by paragraph 2 abo�e. 1) Violatian of any rule or regulation contained ir� Exhibit "A" attached hereto. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (20) days prior #o such suspension or termination. Company shall have the right to request a hearing before the Chi�f of Police or his designee regarding fhe int�ni to terminate or suspen� for cause by requesting a hearing ir� writing within five {5} business days after receipt of notice of intent fo terminate or suspend. A hearing shall be conducte� within fifteen (� 5) days of #he request for hearing. The City, in its sol� discretian, may temporarily suspend this contract during any appeals process. 7.3 fn the event this contract is suspended for caus�, the suspension �hall be for a period o� time of not less than six {6) months nor more than twelve {12} months. 7.4 In the event 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 shall be reinstatement of this contract. Company expressfy wai�es any and alf rights to monetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees. 8. INDEMN[FICATION With regard to any [iabili�y which might arise hereunder, CEty and Customer agree that they shall be sole�y and excl�sively liable for the negligence of its own agents, servants, subcontractors and employees and that neither parky shall look to the other party to save or hold it harmless for the consequences of any negligence on the part of one of i�s own agent, servant, subcontractor or employee. Nothing contained herein shall be construed to be a waiver by City af any right of protection ti�at it enjoys ur�der applicable State ar Federal law. Tilt Wrecicer � Q P�ge 10 of l2 9. ASSIGNMENT Company shall not assign, �ransfer or sublet this Contract or any portion hereof to any party without the prior written consen# of City thaf shall not be unreasonably withheld. Any such assignment, transfer or subletting of this Contract shall be void and shall operate as a termination hereof. �a. ZONES AND ROTATION �IST A. City sha�! divide tne city into four {4� zones tha# shall correspond to the four {4) patrol divisions. Company snall be assigned to the zone or an adjacent zone in which it maintains its principal place of business. B. Cify shall create a rotation list within each of the four (4} zones that will dictate the order in which wrecker companies are contacted. C. City may rcquest Company to conduct a po[ice pull within any zone, and Company agrees to use its best �fforts to arri�e at the scene of the police pull within thirty (30} minutes. 1�. INDEPENDENT GONTRACTOR !f is understoad and agre�d by the part�es hereto that Campany shall perform all work and services h�r�under as an independent cantractor, and not as an officer, agent, servant or employee of tf�e City. Company s�all have exclusive control of and the exclusive right to control the details of the work or service to be perform�d h�r�under, and all persons performing same on behalf of Company, and shall be solefy r�sponsible fo� the acts anc{ omissions of its ofFicers, agents, �ervants, employees, contractors, subcar�tractors, licensees and invitees. The doctrine of respondeat superior shall not ap�fy as between the Cify and Company, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or join� venture between the parties hereto. In wifness whereof, the parties hereto have executed this Contract on the � ��-� day of � Yd , 20�r. � Tilt Wrecker 11 Page 13 of 12 � �-- I � d '� , . �--���,_... _.��_,��.,n..�.:_ . .� ._. - �;i;;':':;:'�CG :,��.4i:..�IUL"�.��1��0YX �'1 , , _ : � " ,' _ ; =:. � ATTEST: � 7J-�iL_�. ''�°``Glo a Pearson City Secretary APPROVED AS TO FORM AND LEGALITY � Assistant City Attorney ATTEST: Corporate Secretary Tilt IWrecker 1� Page 12 af 12 CITY � FORT W�TH .T By� f$ - 2ib�y `� son Assistant City Manager Fort Warth Towina & Recovery (Company Name) F By: Michael Yates, 4wner r, ,] , � o� � V�' ' � �U J'1�i6.4 �i'� � �i��M9 t1!�tr"_i�}� � , � - .rr�� �.����� � � I�� ; � }�, ,�? s�� � �� ��� 'I'l�e ��l�o���g f�i�les �n� a ege�D��io�s �viI1 �e fo��o�vvecl �Oy �1C,Y.. �WK ec�er Compan�es upon art•i�al �t tl�e t�.uto lPound. l. TI�e entry ga�e will not be blociced �y wrecI�ers waiting to enter ox exit .the Auto Potuld. 2. Na wrecicer sl�all e�ter the Auto Pound �itlz inare t�aaa� one (1) personi/operator, ui�.less autI�orized Uy the oi�. duty sluft superv�isor. This wi11 be done on a case by case basrs_ 3. For safety reasons, a Ca� Canier will be required to off load ��eir cargo when possible. Tl�is sha11 Ue detern�ined Uy tlle on duty super�isor. 4. Ix�ventories sh�ould be handled in an expaditious mailner when possible. However, Auto Pouild persox��el are reqi�red to do a complete and precise ii�ventory of all �roperty and veiaicles. A specific tiir�e fiam.e would Ue �npossible to iustitute. S. No wrecicer driver/operator will assist wiih any i�veiltoiy being conducted by Auto Poui�d person�el. 6. The use of Car Catrier�s, extra tima, extra equip�ei�t, etc., shall be suUject to approval Uy the Wrecicer Adz�.�iiiis�iator or Auto Pound Supervisor. 7. Wrecicer drivers/a�erators/owners s1�.all be required to Follow any d'u•ections or i��st�-uctions giveil l�y Auta Potuad personnel. � $. Wrecicer Compa��y Owners shall asszst aild comply witl� any ulvestigation perfoi�led by Auto Paund p�rsoilnel or the Fort Wortli Police Departmezit in regards to their corn��iy, dilver, aperator azld or husiness without hesitation. 9. Violations of any of tlle aUove i-ules sl�all be subject to review by tl�.e �recicer Ad.�nizzist�ator or ALtto Pound Supervisor. Tl�c Auta �aund �upeivisor or a lligher level of com�na�ld may deiei731ine disciplii�.aiy actzon up to and 'ulcluding tei-�niilatian of cozitract. City of �'o�t �Yo�th, T'exas ����r ��d �a����� ����u���c�#��r� DA7� REFERENCE NUMBER LOG NAME PAGE �181�3 �-� 9544 35T�WS 9 of 2 sus:��cT SUPP�EMENTAL APPROPRIATION �RDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHiCLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE P��.ICE DEPARTMENT RECOMMENDATION: Nt is recommended that the Ciiy Council: Aufharize ca�tracts far PolEce Department requested non-eonsent towing of wrecked or abandaned vehicles from multiple r�endors as required by Section 34-181 a� ihe Cade of the City flf Fort Worth (� 986}, as amended; and 2. Authorize the canfracts to begin Apri� 8, 2a03, and �xpir� September 30, 2003, with options to r�new for four additional one-year periods; and 3_ .Adapt t�e attached supplemental appropriatian ordinance increasing estimated receipts and appropriations by $448,944 in the General Fund from avaiiable fur�ds_ DISCUSSION: Section 34-181 of the Code of ihe City of Fort Warth (1988), as amended, required that all palice department, non-consent tows, sl�al) be undertaken pursuant to contract, specifically execu#ed between the City and a wrecker company. The Pub[ic Safety Committee extensively re�iewed the new rates and unanimausly appro�ed this recammendatian on Mareh 2�, 2aQ3. There are three types of contracts and rates as follows: � Standard tow trucks $100 � Tilt bedlrallback tow trucks $125 � Tandem tow frucks $180 Contracfs will be executed with any vendor desiring #o perform non-cons�nt faws for th� Police Department, ifi they meet tt�e contract requirements such as towing operatio�s being the �endors primary business, equipment specification�, insurance, and a localiy licensed storage facility. The fees for services to be provided and assignment to one of four zones are ihe same as contained by Ci�y Code. The estimated expenditure �For these services is $1.$ mi�lion per year including the anticipated increase (of $446,944� for the remainder of the fiscal year �ased an the revised rafes. This increase will be offset by revenue collected as fees. RENEWAL OPT[ONS - These contracts may be renewed for up ta faur successi�e orte-y�ar terms afi the Gity's option. This action does not req�ire specific City Council appro�al pro�ided the City Council C`ity o, f .�'o�t Wort�i, �'exas �y�� �n� �,��t�c�l �,�m��a�;c����� DATE REFERENCE NUMB�Ft LOG NAM� �="AGE ar8ro� �d� g,�q�� 35TOWS 2 0� 2 �CIBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS F�R N�N- CONSENT TOWING �F WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VEND�RS REQUIRED �Y CITY ORDINANCE FQR THE PQLICE DEPARTMENT has appropriated sufFicient fun�s to satisfy the City's obligation during the renewal term. FISCAL INFORMATIONICERTIFICATION; The Financ� Direc�ar c�rtifies that upan approWal ar�d completian of the abo�e recommendat9ons and the adoption of the attached supplemental appropriation ordinance, funds wi�l be available in the current operatfng budget, as a�pr�priated, of the Genera[ Fund. LW:r Submitted far City Manager's �ffice by: LiBby Watson Originating Department Head: Ralph Mendoza Addition�l Inforrziation Contact: Susart Alanis I FUND I ACCOUNT I CENTER � (ta) � GG01 539120 0353403 b183 GG01 462624 0353403 � 48386 I (from) GG01 539120 03534fl3 � 78262 I I AMOUNT $4�6,9�44.00 $446,944.00 $446,944.00 CITY SECRETARY I APPROVED 04/0&103 I ORD.# 15517 � � �