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HomeMy WebLinkAboutContract 28615+ �� �� i i ���il��/`i���� .... ��NYF�ACT t� a 1�'� � J� CONTRACT FOR TOW TRUCK SERVICE " (STANDARD SERV{CE} WHEREAS, the City of Fort Worth accasionally r�quires the services ofi taw trucks; and � WHEREAS, such tow truck services are necessary to pro#ect the saf�ty of the citizens of the City of Fort Wo�th, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referr�d to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and ione Star Towinq Serv�ce Inc., nereinafter referred ta as "Campany", acfing herein by and through Cody Nicholson , its duiy autE�orized President , agree as follows; 1. SERVICES City hereby contracts with Company to provide police pull towing service. As used herein, "pol�ce pull" shall mean that the Fort Worth Police Department has called Company from the rotatian list to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the owner is not presenf, able or pe�mifted to drive or to make authorizations. 2. TE RM The initial term of this contract shall expire on September 30, 20�3. ln addition tQ the initial term of this contract, there shall be four aptiar�s ta renew for terms af one year each, unless earlier terminated as hereinafter provided. Renewal sf�all occur upon City including in its budget �or the opfions years sufficient funds to pay for its obCigations hereunder and Company pro�iding proof of insUrance to City. 3. COMPENSATION 3.1 Compensation. As compensation fior providing the contemplated by this Contract, City agrees to pay Company as fol[o� � �� _� services ' ��� "��� -- � ��. ! a) Towaae. A charge of One hundred Dollars ($100.00) for towing such vehicfe from one point on a street to another focatian within the corporate IEmits of the city as directed by the police department at the place where the tow originated; such charge includes one-half ho�r of extra work. b} Second tow truck. In the event the police officer at the scene defiermi�es that a secon� tow truck is required, a charge of One hundred dollars ($10Q.00) per hour, wifh a minimum charge of one hour, billed in increments of fifteen {95) minutes while at the scene of the police pull. A poiice supenrisor shal� approve the use of a second tow truck. Travel time is ex�fuded. c} Extra work. An additiona[ charge of one hundred dollars {$100.OQ) p�r hour, with a minimum charge of one nour, charged in increments of fifieen (15) minu#es, for removir�g vehicles that are off fhe street right-of-way, such charge ta be made from the time the operator begins ta remove the vehicle until it is on the tra�eled pnrtion of the street. Even though the vehicle is within the sfre�t right�of-way, an additionaf charge may be made if fhe vehicle is located in some �r�usual condition �rvitF�in tY�e right-of-way, such as, but not limited to, a river or a creel� bed or a ditch of greater depth than the ordir�ary bar ditch. Extra work shall only be al[owed when authorized by a palice officer at the scene of the pull. The charges for such extra work shall be reviewed and approved by the Auto Poun� Wrecker Administrator. Extra work excludes travel time, waiting time and clean-up time. d) Use of a dolly. No additionaf fee shall be charged for the use of a dolly, e) Handlinq hazardous materials. When the cargo of any motor vehicle or trailer incl�des explosive, nuclear, radioacti�e, hazardous or corrosive materials, as d�fined by th� Environmental Protection Agency, Texas Department af Transportatian, or the Texas Commissian on Enviranmental Quality, a fee equaf ta one hundred-fifty (15Q) percent of the charges which may be assessed pursuant to subparagra�h "a" above. In addition, a cha�ge may be �mad� for �xpenses incurred related to protective clothing and any Standa��d Wrecker 2 Page 2 of 12 [ other sUpplies or ec�u�pmen# used in handling such materials, such charge being equal to the acfual amounts incurred plus fifteen (1 �) percenfi. f) No�hing contained herein shall be construed so as to obligate City to expend any sums of money. Further, nathing contained herein shall �e construed so as to guarantee to Company that City will contact Company for any towing services confemplated by this Contract, 3.2 Invoicinq and Pavment. Company shall Invoice City once per monfn. Com�any shall include with the invoice such documents as may be reasonably requested to provi�e evi�ence of the services provided to the City, which at a minimum shall include copies of the wrecker selection form signed by the officer at fhe scene of the police pull andlor personnel at the Fort Worth Auto Pound. S�ch invaice shall be subject to the review and approval of appropriate City persannel. City shall remit paymeni to Company not more than thirty (3D) days following approval of invoice. 3.3 Com�ensation Review. City shall r�view on an annual basis tne compensation provided for hereunder, with ihe first such re�iew to b�; conducted during the month of August 2003. Similar reviews shail occur in August of each succeeding year that this cantract is in effect. City shall make adjustments in the campensation based upon increases or decreases in #he cost of doing business, taking into cor�sideration fuel, insurance, labor, and such other costs as may be relevant to the a�eration of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company snall maintain at all times the following �ehicles and equipm�nt in working conditifln: a) A minimum of two (2} wreckers, one of which shall be not less than 14,000 pounds gross vehicle weight an� one af which shall be not less than 10,Q00 pounds gross vehicfe weighf, dual rear wheels, equipped with a hydra�lie o�erated winch, winch lines, ar�d a boom rafed at noi less than 8,000 pound lift capacity and a wheel lift device rated at not less than 2,5Q0 pounds. 5tandard Wrecker Paga 3 oC 12 3 � b) At a minimum, alf wreckers shall be equipped with the following equipment, which at all times shall be maintained in working order: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11} 12} 13) 14) Tow bar Towing lighfs Emergency overhea� warning lights (red or amber color only) Safe�y chain Fire extin�uisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors ar traffic cones Trash container Two way voic� or computer communication between tow truck and Company dispatcher Backing warning signal Wheel chacks c) Each wrecker shall have the identifying markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall provide Notice of Complaint Procedures fo fhe awner of a towed �ehicle as ouflined by the Texas Department of Transportation Rules and Regulations as contained in 43 Texas Administrative Code, Chapter �$, subchapter 18.$9, as same may be amended from time to time. � d} Each tow truck and the required equipment shall be inspected by #he Chief of Pofic� or his autharized designee prior to being used for services contemplated by this contract. I� addition, each tow truck and f�e required equipment sl�all be sub�ect to intermittent inspection to ass�are compliance with this contract. Standard Wrecker 4 I'age 4 oF 12 e F �. NSURANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to City of the followir�g types and amounts: 5.1 Commercial General Liab'rlity $500,OQ0 each accurr�r�ce $500,OQ0 aggre�ate or Garage Liability $500,QQ0 each accident, other than auto $500,000 ag�regate 5.2 Automobile Liability �500,000 each accident, combined single limit This coverage sha[I include all vehicles owned or r�on-owned that ar� operating under Company's aperating authority. 5.3 CargolOn�Hookc $30,000 per unit Co�erage sha�l include both the unit being towed and its contents. Units covered shall include buf not be limited to motor vehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5,4 GARAGEKEEPER'S L1ABlLITY $30,OQ0 per unit 5.5 Wor�er's CompensationlAccident Insurance Coverage shall me�t the minimum requirements of state law as con- fained in the Motor Carri�r Rules and Regufations. 5.6 Currenf insurance certificat�s shal� remain on file wifh the Cify during the term of this Contract. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty {30) days prEor written notice to Company. Policies shall be endorsed as follows: Standard Wrecker �r Page 5 of 1 Z t � a) The City, its officers, employees and servants shall be endorsed as an additjonal insured on all policies except empfoyer's liability insurance coverage under the workers' compensation insurance policy. b) Certificates of insurance shall be delivered to the supervisor of the City of Fort Worth Auio Po�and, 1301 E. Northside Drive, Fort Worth, TX 76�02, prior to any work being performed under this contract. c) Any faifure on par� of the City ta request required insurance documentation shall not constitute a waiver of the insurance requirements specified F�erein. d} EacE� insu�ance palicy shafl be endarsed to pravide the City a minimum thirty days notice of cancellation, non-renewal, andlor ma#erial change in policy t�rms or co��rage. A t�n days notice s�a{I b� acc�ptable ir� the event of non-payment of premium. e) Insurers must be authorized to do business in the Sfate of Texas and have a current A.M. Best rating ofi A: VII or equivafent measure of financial strength and solveney. f) Deductible limits, or se�f-funded retention limits, on each policy must not , exceed $90,000.00 per occurrence unless otherwise appro�ed by th� Ckty. g) Other than worker's compensation insurance, in fieu of #rad�tional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retentia� graups. The Cify must approve in writing any alternative coverage. h} Workers' com�ensatian insurance palicy(s) co�ering employees shall 1�e endorsed with a waiver of subrogation providing rights of recovery in fiavor of the City. i) City shall not be res�onsible for the direcf payment o# insuranc� premium costs. j) Ins�rance policies shafl each be endorsed to provide that st�ch insurance is primary protection and any self-funded or commerc�al co�erage maintained by City shall not be called upon to contribute to loss recov�ry. Standard Wrecker 6 Page 6 of 1 Z k) Company sha�l report, in a timely manner, ta City's officially designated contract admi�istrafor any known loss occurrence which could give rise to a [iability claim or lawsuit or which cauld result in a property loss. I} Company's liability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Company shal[ provide complete copies of all insurance policies required by these contract documents. 5.7 In the even� a state or federal law, rule or regulation pertaining to wrecl�er service campanies operating within #he State of Texas exceed insurance requirements specified herein, s�ch state or federal law, rule or regulation shall prevail for the respeciive type of insurance coverage andlor limit th�reof. 6. DUTIES AND R�SPONSIBIL.iTIES O� C�MPANY Company, during the term of this cnntract, shall perfarm fhe following duties and have the following responsibi[ities; a) Maintain as its primary business the towing of vehicles or trailers by wreckers meeting the requir�ments of paragraphs 4(a) an� 4(b} ahave. "Primary business" shall mean fhat Company receives more than fifty per-cent (50%) of it gross revenues from the towir�g of vehicles and trailers. AlI of company's recards shall be open to reasonable inspectior�, both at the time of execution of this agreement and at any time during the term hereof, to verify compliance with t�is cot�dition. b} Maintai� a currently licensed vehicle storage faeility located within the corporate limits of the City. "Ve�icle storage facility" shaq m�an a facility operated by a person licensed undar Article 6687-9a, Revised Statutes. c) Maintain business op�ration tw�nty-four �24) E�oUrs a day, seven days per week. d) Respon� to all calls cantemplated by this contract within thirty (30) minutes of natification, except in extraordinary situations where delay is caused by ice, snow ar other weather refated conditians. In the e�ent Company fails to respond as reguired, Cify may natify anofher wrecker company and Company Standard Wrecker Page 7 af l2 %� 7. TERMINATION AND SUSPENSION shall nof be entitled to the compensation to which ifi would have been entitled had it arri�ed timely. e) Maintain on file wifh the City the name of the owner, president or chief executive officer, business address, and tele�hon� numb�r; furt�er, Company shall notify the City of any change of ownership, presid�nt or chief ex�cutive officer, or change of address w�thin fi�e (�) business days of any suc1� change. f) Deliver the motor vehicle being tow�d ta the location within fhe carporate limits of City designated �y the police afficer at the scene of the pull. Delivery shall be made without delay or detour. g) Fully cooperate with any investigation conducted by the City regarding complaints against Com�any, wf�ether or not such complaints arise out of services contemplated by this Cantract. h) Shall not became delinquer�f in the payment of any taxes dUe ta City. i} Shall not go to any accident sc�ne unless th� Gompany 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 remave all debris resulting from any accident to which the Com�any is responding. Remo�al of debris shall not be considered complete �y merely sweeping it ta the curbline. k) Shall not solicit any wrecKer husiness within #he corporate Iimits of City at the scene of a wrecked ar disabled vehic[e, regardless of whether the solicitation is for the purpose of soliciting the �usiness of towing, repairing, wrecking, storing, trading, or purchasing the veF�icle_ I) Sha�l only employ drivers of fow trucks authorized to operate same. m} ProvEde the Police Pound personnel with an invoice at the time the vehicle is delivered to t�e Auto Pour�d tagether with the signed wrecker selection farm ta be provided. 7.1 This contract may be terminated or suspended by C�ty for any of fhe following causes: Standard Wrecker Page S oC l2 �� a) Violation of any term an�lor condition specified in this contract. b) Failure to notify the Communications Division of the Police Department within fifteen (15) minutes from the time of notification if the Company will be unable to respar�d within the thirty {30) minutes allotted for a response to a call for wr�cker service. c} Permitting a tow fruck to be operated by anyone while under the influence of alcohol andlor drugs. d) Permitting a tow truck to be operated by anyone whose operator's �icense is suspended. e) Transferring or assigning any call for service �o any other company f) Any sustained compfaint of theft by personnel of Company while acting in th�ir capacity as employees of ComPany, whefher occurring during a police pull or otherwjse. g} Any sustained complaint of threats made by personnel of the Company while acfing in their capacity as employees of ComPany made against third parties during a police pUll or otherwise. h) Failing to comply with a![ directions of police personnel at the scene of a police �ull or civilian employee at the Police Pound. Company may request a police supervisor to �alidate any such direction given. i} Five (5) �asses within a thirty (30) day period. Pass in this paragra�h shall mea� Campany failing to notify the City of its inability to respond to a reques# for service as required by paragraph 2 abo�e. j) Ten (1�) passes within a thirty (30) day period. Pass in this paragraph shal! mcan a Company notifying the City of iis inability #o respond to a requ�st for service as required by paragraph 2 abpve. k) Vialation of any rule or regulation contained in Exhibit "A° attaclied hereta. I) Failure to comply with any s�at� or federal law or city ordinance refated to the operation of a wrecker company. 7.2 City shalf notify Company in writing of its intent to terminate or suspend for cause twenty (2D) days �rior to such suspensian or #ermination. Company shall have the right to request a hearing b�efore the Chief of Police or his designe� Standard WI'ecker I'age 9 of 12 � regarding the intent to terminate or suspend for cause by rec{uesting a hearing in writing within five (5) business days after receipt of natice of intent ta terminate or suspend. A hearing shall be canducted within fifteen (� 5) days of the request for hearing. The City, in its sole discretion, may temporarily sus�end this eon#ract during any appeafs process. 7.3 In fhe event this contract is suspended for cause, fhe suspension shall be for a perioci of time of not less fhan six {6) months nor more than twelve (12} months. 7.4 In the event City suspends or terminates fihis contract for cause, and the cause for such sUspension or terminafion is determined to be invalid, Company's sole reme�y shall be reinstatement of this contract. Company expressly wai�es any and all rights to monetary damages, including but not limited fo actua[ and punifiive damages, court costs and attorney's fees. 8. iNDEMNIF[CATION W ith regard to any liability which might arise hereunder, City and Company agree that they sha{I be solely and exclusively I�a�le for #he negligence of its own agents, servants, su�contractors and employ�es and that neither par�y shall look fo ihe other �arty to save or hold it harmless for th� consequences of any negligence on the part of one of its own agenf, s�rvant, su�contractor or employee. Nothing contained herein shall be construed to� �e a waiv�r by City of any right of protection that it en}ays under applicable State or �ederal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet tnis Contract or any portion hereof to any parky without the prior written consent of City that shall not be unreasonably withheld. Any such assignmen�, transfer or subletting of this Cantract without the consent of the City shall be void and shall operate as a termination hereof. Standard Wrec[cer 10 Page l0 of 12 10. Z�NES AND ROTATION LIST 10.� City shall divide the city into fou� (4) zones that sha11 correspond to the four (4) pafrol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its principal place of business, 10.2 City shal[ create a rotation list within each of fhe four (4} zones that will dictate the order in which wrecker eompanies are contacted. 10.3 City may request Company to conduct a police pull within any zone, and Company agrees to use its best efforts to arrive at fhe scene of the police tow wit�in thirty (30} minutes. 11. INDEPENDENT CONTRACTOR It is understood and agr�ed by th� parkies hereto that Company shall perform all work and services hereunder as an independent cantractar, and not as an officer, agent, servant or employee of the City. Company shall have exclusive contral af and the exclusive right to control th� detai[s of the work or service to be performed hereunder, and all persons performing same on behalf of Company, and shall be solely responsible for fhe acts and omissions of its officers, agents, servartts, employees, contractors, subcontractars, licensees and inuitees. The doctrine of respondeat su�erior shall not apply as betweer� the City and Company, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joinf venture between the par�ies hereto. Standard Wrecker 1 I Page i l nf 12 0 [n witness whereaf, the parties here�o have executed this Contracf on the r��� day of , 20� - ATTEST: CITY �`.�' FORT W�RTH � ���Lr - , � 1 B� �: r. ,� �� Clo Pearson Libby��atson City Secretary Assistant City Manager , _ : � � _� _- `� � �� �_ _ , r APPR�VED AS TO FORM�'�'�"'�` -- - -- �"� �' AND LEGALITY •�nt.�ac�t Authoriz�tion __�.M_. + , c�. � f .' ��� .`- �'--- _ � � Assistan City Attorney ATTEST: Corporate Secretary ��� u ,� �,. a ;� Lone Star Towinq Service f nc. (Company Name) � — — Cody Nicholson, President Standard Wrecker 12 Page l2 of l2 �� 4 - � �� 1��. L��.1����.��� � .f���� �'���� '�'��e ��Il���vz�ag �-��e� �rsd t-�gul�iions ��II �e �o�➢owed by �..L �`V��c�Cer ��m�ap�n�es t�pon �a-aiv�l �t the A�n�� �oe��d. 1. Tlie e�try gate will not i�e blociced Uy w�-eckers wai.tiug to ei�ter ar exi� tlie Auta PoLu�d. 2. No wrecIcer sl�al� ei�ter tlae Auto Pou�d wi�l1 inore �ia�1 one (1) persail/o�eratar, unless authorized by tJ�e on dirty sl�ift su�ervisor. TI�s vcrill be doize on a case by ca.se bas�s. 3. For safc;ty reasans, a Cai° Ca�1iEx will be requirad to o�f �oad flieir carga when �aossible. Tlus s�all be deternlined Uy the ai1 duty supervisor. 4, I�iventories should be 1�aaadled 'ui an expeditious ma�nEr ulhen possible. However, Auto Pound persoz�el are required to do a complete and precise inve�xtory o£ all pro�erty and �e1li.cles. A specific tiz�e frame would ve �.Z�possiUle to institute. 5. No vv�ecker driver/operator will assist witli a�1y inve��ory beua.g couducted by Auio Potiu�d perso�znel. 6. Tl�.e use of Cal Cai1•ier•s, ex�a time, �xha equip�lezat, etc., sIiall l�e subject ta ap�aroval by tlie Wrecker Adir�i�iisfia�or or Auto Poui�d Su�aeivisor. 7. Wreck�r driversloperatorslowners s�all be required to fallow aily directions ar 1115tTUCt1QJ35 �IVBF1 Ujr AlltO P011lld �}�T5011I1e1. � 8. Wrecker Cai7�par�y Owi�ers shall assist and comply wit�i aizy investiga�io�. �erfor�a�.ed by Au�a PoLizld persauuel or t11e Fort Woi-th Police D�partanent in regarc�,s to tlleii carnpauy, driver, aperator ant� or busi�ess withaut hesifiation. 9. Violations of aily o� tl�� avove rules sha11 be subject �o review by tl�e Wreclt�r Adi�.inistrator or Auto Paund Supeivisor. Tl1e AL�to Po��i�d Supet-visor or a Iligher Ievel of co��unaa.�d may detennu3e disei�liu�.ary action u� to and including te�-n�atioa� of co�t�act. C`ity of �ort �orth, T�exas ay�� �nd �,�����d ������;������ DAT'E REFERENCE NUMB�R LOG NAME PAGE 418iO3 �o� ���,4 35TOWS 1 af 2 SU�JECT SUPP�EMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES �ROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANC� FOR THE PQI.ICE DEPARTMENT RECOMMENDATION: It is recomr�ended t�at the City Cauncil: 1. Authorize contracts for Poiice Department requested nor�-consent towing of wrecked or abar�doned uehicles from multiple vendors as required by Section 34-181 of the Code of th� City of Fort Worth (1 �8fi), as amended; and 2. Authorize the contracts to begin April 8, 2003, and expir� SePtember 3Q, 2003, with options to reriew for four additional on�-year periods; and 3. Adopt the attach�d suppl�mental a�propriation ordinance increasing estimated receipts and appropriations by $446,944 in the General Fund from a�a�lable fun�s. �ISCUSSI�N: Section 34�181 of the Code of the City of Fort Vllorth (198�), as amended, requifed that all police department, non-consent tows, shall be undertaken pursuant to canfiract, s�ecificafly executed hetween th� City and a wrecker company. The Public Safety Committee extensively reviewed the new fates and unanimausfy appro�ed this recommendation on March 25, 20Q3. There a�-e three types of cantracts and rates as follows: � Standard tow tr�cks $1 QO � Tilt bedlrollback tow tr�acks $125 � Tandem tow trucks $180 Contrac#s wi[I be executed with any vendor desiring ta perfarm non-consent taws for the Police Departmenf, i�F tf�ey meet tF�e contract requirem�nts sueh as fiowing aperatians being the �endars primary business, equipment specifications, insurance, and a locally IEcensed starage �Facility. The fees for services to be Arovided and assignment to one of four zones are the same as contained by City Cnde. The estimated expenditure for these 5�fV1C2S is $1.8 million per year including the anticipated increase (of $446,944) for the remainder of the fiscal year based on the revised rates. This increase will be offset by revenue collected as fees. RENEWAL OPTIONS � These cvniracts may �e renewed for up ta four successive one-year terms at the City`s aptian. This action does not require specific City Council approval pro�ided the City Council Ciiy of �'or� Wo�th, �'exc�s �y�� ��d �,������ ���m��t�c����rn DATE REFERENCE NUNiBER LOG NAME 1'AG� 418103 �o� ����. 35TOWS 2 of 2 SUB.lECT SUPP�.EMENTAL APPROPRIAT{ON ORDINANCE AND CONTRACTS FOR NON- C�NSENT TOWING OF' WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY �ORDINANCE FOR THE POLICE DEPARTMENT has appropriated sufficient fu�ds to satisfy the City's abligation during th� renewal term. FISCAL WFORMATIONICERTIFICATION: The Finance �irector certifies that upon appro�al and completion of the abave recommendafiions and fihe adoptian of the attached supplemental ap�ropriation ardi�ance, funds will be available in the cur.rent aperating budget, as appropriated, of the General Fund. �W: r Su6mitted for City Manager's Office by: Libby Watson OriginaNng Department HeRd: Ralph Mendoza Adc�itional Information Contact: Susan Alanis FUND I ACCOUNT I C�I�ITER (to) GG01 539920 �353403 6i83 GG01 462624 D353403 483$6 {from) GG01 539120 0353403 78262 AMOUNT $446,944.00 $�5,944A0 $446,944.00 CITY SECR�TARY � � 1 � I APPROVED 04I08/03 ,OR17.# 155t7