Loading...
HomeMy WebLinkAboutContract 28611� o- ClYY S�CRE����f ��� � I C4N�'RACY i� . � CONTRACT FOR TOW TRUCK SERVICE (TILT BEDIROLL BACK} WHEREAS, th� City of Fort Worth occasionafly requires the services of tow trucks; and WHEREAS, such tow truc�C services are necessary �o protect the safety ofi the citizens af the City o� Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Workh, hereinafter referred ta as "City", acting herein by and through Libby Watson, its dufy authorized Assistant Gity Manager, and Texas Towin� Wrecker Service Inc., hereinafter referred to as "Company", acting herein �y and through Jerry Clav ,7r., its duly authorized President, agree as follows: 1. SERVICES Cify hereby contracts with Campany to �rovide police pull towing service. As used herein, "police pu{I" sf�all mean that the Fort Worth Palice Department has called Company from the rotation list to either remov� a wrecked or disab[ed �ehicfe or to remove a vehicle in a safe driving condition, but #he owner is nat present, able or permitted to dri�e or to make authorizations. 2. TERM The initial term of this cantraet shall ex�ire on September 30, 2003. �n 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 provided. Renewal shall occur upon City including in ifs bu�get for the options years sufficient funds ta pay for ifs obligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.1 CompensatEon. As campensation for providing the services contem�lated by this Contract, City agrees to pay Company as foll� ,� r f � v� 4'u �ll� n , �c�� 0 a) Towaqe. A charge of on.e hundred twenty five dollars ($�25.00} for towing such vehicle from one point on a street ta another locafion within the corporate limits of the city as direct�d by th� police officer at the place where the tow originated; such cE�arge includes one-half hour of Extra Wor�C. In the event Company rasponds to the scene of a police pull with a tilt bedlrol[ back truck whsn fhe police pull cauld have been accomplished with a standard tow truck, Company si�all be entitled to fhe reduced charge of On� hu�dred dollars ($10Q.00). b} Second tow vehicle. 1n the event the palice off�cer at the scene determines that a standard tow vehicle is require� in addition to the tilt bedlrol[ back truck, a charge of One hundr�d Dollars {$100.OD) per hour, with a minimum charge of one hour, bill�d in increments af fifteen (15) minutes while at the scene of the police pull. A police supervisor shall approve #he use of a second tow truck. Travel time is excluded. c) Extra work. An additiona! charge of One hundr�d dollars ($100.00) per hour, with a minimum cY�arge of one hour, charged in increments of fi�teen (15) minutes, for removing vehicles that are off the street right-of-way, such charg� ta b� made from the time the operator begins to remave the vehicle until i# is on the traveled portion of the street. Even thougY� the vehicfe is within th� street right-of-way, an additional charge may be made if the vehicfe is located in some unusual condition within the right-of-way, such as, but not limited to, a rEver or a cr�ek hed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be allowed when authorized by a police officer at the scene of the pull. The charges for such extra work sha{I be reviewed and approved by the Auto Pound Wrecker Administrator. Exfra work excludes travel time, waiting time, and clean-up time. d) Handlirtq hazardous materials. When the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive materials, as defiined by the Environmental Protection Agency, Texas Department of Transportation, or th� T�xas Commission an En�iror�mental Quality, a fee equal to one hundred-fifty (150) percent of the charges Tilt Wrecker 2 Pa$e 2 of 12 permitted under subparagraph "a" above. In addition, a charge may be made for expenses incurred rela�ed to protecti�e clothing and any other supplies ar equipment tased in handling such maferials, such char�e being equal to the actuaf amounts incurred plus fifteen (15) p�rcent. e) Nothin� contained herein shafl be constru�d so as to obligate Cif�r to expend any s�ms of money except for work actually perForme�. Further, nothing contained herein shall be construed sa as to guarantee that Ci#y will contact Company for any towing service contemplated by this Contract. 3.2 In�oicing and PaVment. Company shall Invoice City ance per month. Company shall include with the invoice such documenfis as may be reasonably requested to provide evidence of the services provided to tne City, which at a minimum shall include copi�s of fhe wrecker selec�ion form signed by the officer at the scene of the police pull andlor personnel at the Fort Worth Aufo Pound. Such invoice shall be subjecf to the review and ap�rova{ of appropriate City personnel, City shall remit payment to Company not more tt�an tf�irty (30) days fallowing ap�roval af invoice. 3.3 Compensation R�view. City shall review on an ann�al 6asis the compensation provided for h��eunder, with the first such review to be canducted during the manth of August 2003. Similar revi�ws shall occur in August of each succeeding year that th�s contract is i�t effect. City shall mak� adjusfinents in the compensation based upon increases or decreases in �he cos# of doing business, taking into cons�deration fuel, insurance, labor, an� such other costs as may be relevant fo the op�rafion of a towing business. 4. VEHICLE AND EQUlPMENT REQUIREMENTS Company shall maintain at al1 times the foflowing vehicles and equipment in working condition: a) A minimum of one (1) tilt bedlroll back dual rear wheel wrecker rated at not less fhan 14,000 pounds gross vehicle weight. b) At a minimum, all wreckers shall be equipped with the following equipment, which at all times shall �e maintained in working order: "filt Wrecker 3 Page 3 of 12 e 1) 2) 3) 4) 5) 6} 7) 8) 9) 1 Q) �'{} 12} 13) 14) 15} Tow bar Tawing lights Em�rgency o��rh�ad warning lights (red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wrecki�g bar Broom Ax Shov�l Reflectors or traffic cones Trash container Two way voice or computer communicaiion between tow truck and Company dispatcher Backing warning signals Wheef chocks Traffic cones c) EacE� wrecker sY�all have the identifying markings required by the T�xas Transportation Cade, s�ction 642.OD2. In additifln, each wrecker shall provide Notice of Complaint Procedures to the owner of a tawed vehicle as outlined by the T�xas D�partment af Transportation Ru[es and Regulations as contained in 43 Texas Administrative Cade, Chapter �8, subchapfer 18.89, as same may be amended from time to time. d) Each tow truck and fh� required equipment shall be inspected by the Chief of Police or i�is authorized designee prior'ta being used for services contemplated by th�s contract. 1n addition, each tow fruclt and the re�ui�ed equipment shall be subject to intermitt�nt inspection to ass�re com�liance w3th this contract. Till Wrecker 1'age 4 nf 12 � � � � 1NSURANCE REQUIREMENTS Company shall maintain insurance of the foflowing types and amounts frorn insurers acceptable to the City: 5.1 Commercial G�neral Liability $500,OOU each occurrence $500,000 aggregate or Garage Liabiiity $500,Q00 each accident, other than auto $500,000 aggregate 5.2 Automobile I�iability $SQO,OQQ each accident, combined single limit This coverage shall include all vehicl�s owned or non-owned that are o�erating under Com�a�y's operating authori�y. 5.3 CargolOn�Hook , $30,000 per unif Coverage shafl include both the unit being towed and its confents. lJnits co�ered shall include but nat be limifed to motor vehicles, trailers and boats. Coverage shall be writfen on a direct primary basis. 5.4 CARAGEK��F'�Ft'S LIABILITY , $30,OOfl per unit 5.5 Work�r`s CompensationlAccident Insurance Coverage shall meet the minimum requirements of stafe law as con- tained in the Motor Carrier Rules and Regulations. �.� Current insurance certificates shall remain on file with the City during the term of this Contract. Insurance coverage may, at the sole discretion of the Cify, be re�is�d upward upon thirty (30} days prior written notice to Company. Policies shall be endorsed as follows: Tilt Wrecker � Page5af12 � a) The City, its officers, employees and servants shall �e endorsed as an additional i�sured on all palicies except employer's liability insurance coverage �nder the workers' compensatian insurance policy. b) Certificates of insurance shall be delivered to the supervisor of the City of F�ort Wor�h Auta Pound, 130� E. Northside Drive, Fort Worth, TX 76102, prior to any work being performed under this cantract. c} Any failure on part of the Ci�y to request required insurance documentation shall nof constifut� a wai�er af the insurance requirements specified herein. d) Each insurance poficy shall be endorsed to provide the Ciiy a minimum thirty days notice of cancellation, non-renewal, andlor material chang� in policy terms or co�erage. A ten days notice shall be acceptable in th� event of non-payment of premium. e) Insurers must be authbrized to do business in the State of Texas and have a cUrrent A.M. Best rating of A: VII ar equivalent measure of financia[ strength and solvency. f) Dedt�cti�le limiis, or self-fun��d r�ter�t�on limits, on each policy must rtot exceed $10,ODO.QO per occurrence unless otherwise ap�ro�ed by the City. g} Other than work�r's compensation insurance, in lieu of traditional insurance, City may consider alternat��e coverage or risk treatment measures through insurance pools or r�sk refer�tian graups, The City must appro�e in writing any alternative cov�rage. h} Workers' compensation insurance policy(s) covering employees shall be endorsed with a waiver of subrogation providing rights of r�covery in favor of the Ciiy. i} City shall not be responsible for the direct payment of insurance premium costs. j) Insurance poficies shall each be endorsed to pro�ide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be calle� upan to contrib�te to loss reco�ery. T;�c wrecke,- Page 6 af 12 � � 1 k} Company shall report, in a timely manner, to City's off�cially designated contraci administrator any known loss occurrence which could gi�e rise to a liability claim ar lawsuit or which could result in a property loss. I) Company's liability shall not be limited to the specified amo�nts of insurance required herein. m) Upon the request of City, Company shall �rovide complete copies of all insurance policies required by these contraci �ocum�nts. 5.7 In the event a state or fiederal law, rule or regulation pertaining to wrecker service companies operating within the State of Texas exceed irtsurance requirements specified herein, such state or federal law, rule or regulatior� shall prevail farthe respective iype of insurance coverage andlor limit thereof, � DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this cantract, shall perform the following duti�s and have the following r�sponsibilities: a) Maintain as its primary business the towing of vehicles or trailers by wreckers meeting the requirements of paragraphs �4(a} and 4(b} above. "Primary business" shalf inean that Company receives more than fifty per- cent (50%) of it gross r�venues fram the towing of �ehicles and trailers. A1! of company's r�cords shall be open to reasonable inspection, both at the time of execution of this agr��ment and at any tiime during the term hereof, to verify comp[iance with this condition. b) Maintain a currently licensed vehicle storage facility located within the cor�orate limits of the City. "Vehicfe storage facility" shall mean a facility operated by a person under A�ticle 6fiH7-9a, Revised Statutes. c) Maintain b�asiness operation twenty-four (24} hours a day, seven days per week. d} Res�ond to all ealls contemplated by this contract within thirty (30} minutes of notificatiort, except in extraordinary situations where delay is caused by ice, snow, or other weather related conditions. �n the event Company fails to Tilt Wrecker '7' Page 7 af 12 , , respond as required, Gity may notify ar�otner wrecker company and Company shall not be entitled to the compensation to which it would have been entitled had it arrived timely. e} Maintain on file with the City the name of the owner, president of chief executive officer, business address and telephone number; further Company shall notify the City of any change of. ownership, president or cE�ief executive officer, ar change of address within fi�e (5) business days of any such change. f} Deliver the motor vehicle beir�g towe;d to the focation wifhin the corporate limits of City designated by th� police officer at the scene of the pull. Deliv�ry shall be made without delay or detaur. g) Fully cooperate with any investigation conducted by fhe Ci�y regarding complaints against Company, whether or not suc� complaints arise out af services contemplated by this Contract. h) Shall not become definquent in the payment of any taxes dus to City. i) Shall not go to any acc�dent scene unless the Company i�as been called to the scene by the own�r or operator of a �ehicle or an authorized representative of same, or by fhe City. j) Completely remove all debris resufting from any accident fa which the Company is responding. Removal of debris shall not be consider�d complete by merely sweepjng i# to the curbline. k) Shalf not solicit any wrecker �usiness within the corporate limits ot City at the scene of a wr�cked or disabled vehicle, regardless of whether the solicitatian is for the �urpose of soliciting the business ofi tawing, repairing, wrecki�g, storing, trading, or purchasing the vel�icle. l) Shall only employ drivers of tow trucks authorized to operate same. m)Provide the Police Pound personnel with an in�oice at the time the vehicle is delivered to th�; Auto Pound together with the signed wrecker selection form to be pravided. Tilt Wreckar $ Page S af l2 7. TERMINATION AND SUSPENSION 7.1 This contract may be terminated or suspended by the City for any of the following causes: a) Violation of any term or condition s�ecified in this contract. b) Failure to notify the Communications Division of the Police Department within fifteen (�5} minutes from the #im� of notification if the Company will be unabl� to respond witnin the thirty (3Q) minutes allotted for a response to a wr�cker call. c) P�rmitting a tow truck to be o�erafed by anyone while under the influence of alcohol andlor drugs. d) Permitting a tow truc�C to be op�rated by anyone 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 �ersonnel of Company while acting in fheir capacity as employees of Company, whether occurring during a police pu11 or otherwise. g) Any sustained complaint af threats made by p�rsonn�l of the Company while acting in fheir capacity as employees of Com�any mad� against third parties during a police pull or otFierwise. h} Failing to comply with ali directions of police personnel at the scene of a police pull or civifian or police persannal at the Police Auto Pound. Company may request a police su�ervisor �o validate any such direction gi��n. i} Failure to comply with any state or federal law or city ordinance re[ated to the operation of a wrecker company. j) F'ive (5) passes within a thirty (30} day period. Pass in this paragraph shal{ mean Company failing fo notify the City of its inability to respand to a request for service as required by paragraph 2 abo�e. Tilt Wreeker (� Page 9 oF 12 , � k) Ten (10) �asses wifhin a thirty (3�} day period. Pass in this paragraph shall mean a Company notifying the City of its inability ta respond to a request for service as required by paragraph 2 above. 1) Vialation of any rule or regulation contained in Exi�ibit "A" attached hereto. 7.2 City shall notify Com�any in writing of its infent to terminate or suspend for caUse twenty (20) days prior to s�ch sus�ension or termination. Company shall have the right to request a hearing before the Chi�f of Police or his designee regarding the intent to terminate or suspend for cause by reqUesting a hearing ir� writing within five (5) business days after receipt of natice of intent to terminate or suspend. A hearing shall be conducted within fiftee� {15) days af �he requesf for hearing. The City, in its sole discre�ion, may temporarily suspend tY�is contract during any appeals process. 7.3 ln the event this contracf is suspended for cause, the suspension shall be for a period of 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 sucl� suspension or termination is determined ta be invalid, Company's sole remedy shali be reinstatement of this contract, Company expressfy waives any and all rights ta monetary damages, including but not limited to acfual and punitive damages, court costs and attorney's fees. 8. WDEMN{FICATION With regard to any lia�i�ity which mig�t arise hereunder, City and Customer agree that fhey shall be solely and exclus�vely liable for the negligence of its awn agents, servants, subcontractors and employees and that neither party shall look to the other party to save or hald if harmless for fhe consequences of any n�gligence on the part nf one of its own agent, servant, subcontractor or employee. Nothing contained herein sha[I be construed to �e a wai�e� by City of any right af protection that it enjoys under applicable Stat� or Federal law. Ti][ Wrecker 1� Page 10 of 12 � ASS{GNMENT Company shall nat assign, transfer or sublet this Contract or any �ortian hereof to any party without the prior written consen# of City that shall not be unreasonab{y withheld. Any such assignment, transfer or subletting of th�s Contract shall be void and shall op�rate as a terminatian hereof. 1Q. ZONES AND ROTATI4N LIST A. City shall divide the city into four (4) zones that shall correspond to ihe faur (4� patrol divisions. Company shall be assigned ta the zone or an adjacent zone in which it maintains its principal place af business. B. City shall create a rofation list wit�in each of the four (4) zones that will dictate the order in which wrecker companies are contacted. C. City may request Company to conduct a police pull within any zone, and Company agrees to us� its best efFor�s to arrive afi the scene of the police pul{ within thirty (30} minutes. 11. {NDEPENDENT CONTRACTOR It is understood and agreed by the par�ies hereto fhaf Com�any shall perform all work and services hereunder as an independent contractor, and not as a� officer, agent, servant or employee of the City. Company shall have exclusive control of and the exclusive right fo control the details of th� work or service to be performed hereunder, and all persons perForming same or� behalf of Company, and shall be solely responsible for the acts and om�ssions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invit��s. The doc�rine of res�ondeat superior shal! not apply as between the City and Company, its officers, ag�nts, servants, employees, contractors and subcontractors, and nothing her�in shall be canstrued as creating a partnership ar �oint �enture between the parkies hereto. In witness wher�of, the parties hereto have executed thEs Contract on fhe I �� day of � , 20��. � Tilt Wreeker � 1 Page l 1 nf ] 2 � ATTEST. ) �/�i/� (/`'�•�r. � Glo Pearson � — �a -�1 City Secretary _ � - { _. � ,.-'_ _'� _'_ _ - - �antract Aut�oriz8t On , , � �_I -1 : ��, , _ APPROVED AS TO E.9�.R��1 - - - - -- AND LEGALITY ���� Assistant City Attorney ATTEST: Corporat� Secretary � CITY O��ORT W�RTH � By: - . _',� _. _ _ �i�by V�1at�on Assistartt City Manager Texas Towina Service I nc. (Company Nam� � r., Pr�dent gy: Jer W recker �, r r . � � r���'�}i�'3n� U U � � l 1 ��:� �k Y'i Y 1 d, :: 'x�, 4�4�. Tilt Wrecker �� Page 12 of l2 �E�III�I'I' �. A�J7C0 P��TD The fol�arvii�g r-ules and regulations will be fotlovved b� ALL '4�i•ecicer Companies upoii arrival at the Auto Pound. 1. TI�e entry gate will not be Ulociced by wrecicers waitz��g to enter or exit the Auto Pound. 2. � No wrecl�er shall enter the Auto �ound witll more tha�1 one (1} persai�/operator, uille�s autl�orized by tlle oi1 duty sllift su�ervisor. Tk�is will be done on a case by case basis. 3. For s�fety reasons, a Car Cai�ier will be reqLtired to off load tlleir cargo when possible. This shal� Ue de�ei7nined by tlle oi� duty supeivisar, 4. I�ve��tories s1louId be handled iil an expeditiaus manner when possible. However, Auto PoLu1d persannel aa•e required to do a coinplete and precise iizventory of all propei-ty and vel�cles. A speciiic tu�e franie would Ue impassibie io iilstitute. 5. No wrecicer driverloperator wilI assist witll arly iiiventaiy being conducted by Auto Potuid person��e1. 5. The use of Car Ca�-�-iers, extra tizzie, ext�� equipme��t, etc., shall be sui�ject to a�proval Uy tl�e Wrecl�er Adxninistrator or Auto Poiulci �up�ivisor. 7. Wr�cicer drivers/operaiors/owi�ers shall ve required to follow any directians or ulstruciions giveil Uy Autn Pound personnel. S. Wrecicer Coinpaily Owilei•s sI�all assist and co��ply with any investigation perforined by Auto Pound persorulel ar t11e Fort Worth Polic� Departmeni in regards to fheir company, dri�er, operat�r and or business witholtt hesitation. 9. Violatior�s of ai�y of the above rules shall Ue sui�ject to review b� the Wrecicer Adani��istrator or AlYio Pouild St�pervisor. Tl1e Auto Potu�d Supervisor or a l�zgher level of caminand inay detena�ine disciplul�y action Lip to and ir�cluding tei7lv�zation af contraci. C'ity of'�'o�t Wo�th, T"exas �r��� ��d ��u�rtc;Q ��r��t�����t��n DATE REFERENCE NUMBER LOG NAME PAG� 4181Q3 �n� g�44 35TOWS 1 of 2 SUBJECT SUPPLEMENTAL APPROPRIATiON ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES �ROM MULTIPLE VENDORS REQUIRED BY CITY �RDINANCE FOR THE POLICE DEPARTMENT RECOMMENDAT[ON: lt is recommended that the City Council: 1. Authorize contracts for Po[ice Department requested non-consent towing af wrec�ed or .abandoned vehicles fram multiple �endors as requir�d by S�ction 34-181 of tf�e Code of the City of Fort Worth (1986}, as amended; and 2. Autharize ihe contracts to begin April 8, 2003, and expire September 30, 2003, with options to renew far four additional one-year periods; and 3. Adopt the attached supplementa[ appropriation ordinance increasing estimated receipts and appropriations by $446,944 in the Ger�eral Fund from available fUnds. DISCUSSION: Section 34-18� af the Code af the City of Fort Worth (1986), as amend�d, r�quired that all police depar�ment, non-consent tows, shall be undertaken pursUant to confract, specifcaEly executed �etween the Cify and a wrecf�er company. The Public Safety Committee extensively re�iewed the new rat�s and unanimausly appro�ed this recommendation on Marcf� 25, 2003. There are three types of contracts and rates as follows: • 5tandard tow trucks $100 • Tilt bedlrollback tow trucks $125 • Tandem tow truc[�s $18� Contracts will �e executed wi�h any V��1Ci0F desiring to perform nan-cansent tows for t#�e Police Departmen#, if they meet the contract requirements such as towing operations being the v�ndors prirnary b�tsiness, equiprnent specifications, insurance, and a locally licensed storage facility. The fees for services to be provided and assignment to one of four zones are the same as contained by City Cade. The estimated expe�diture fvr these services is $1.8 million per year including the anticipated increase (of $446,944) for the remair�der of the fiscal year based on the re�ised rates. Th�s ir�crease will be offset by revenue collected as fees. RENEWAL 4PTIQNS - Th�s� contracts may be renewed for up to fiour successive one-year terms at the City's option. This action does not require specitiic City Council appr�val provided the City Council Ciiy of �ort Yi�o�tli9 T'exas . ���� ��� ������r �.������������ DATE REFERENCE NUMBER LOG NAME PAG� 418103 �_� �5,��, 35TOWS 2 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FR�M MLJLTIPL� VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT has appropriated sufficient funds ta satisfy the City"s obligation during the renewal term. F15CAL INFORMATIONlCERTIFICATlON: The Finance Director certifies that upon approval and cc�mpletion of #he abo�e recommendations and the adoption of the attached supplemental appropriation ordinance, fur�ds wi[I be available in the current o�erating budget, as apprvpriated, of the General Fund. LW: r 5ubmitted for City Manager's Office by: Libby Watson Originating Department Head: Ralph Mendoza Additianal Information Contact: Susan Alanis FUND � ACCOLi1�iT I CENTER {to) GG�1 539120 0353403 b1S3 GGD1 462624 0353403 48386 (from) GG01 539120 0353403 782b2 � AMOUIVT $446,944,00 $446, 944.00 $446, 944.00 CITY SECRETARY APPROVED 04f08103 ORI�.# 15517