Loading...
HomeMy WebLinkAboutContract 28616r � �� �'s''Y ��CR��'/4fiY j �� — µ ' UC��!"��R�k�T l�. CO�ITRACT �OR TOW TRUCK SERVIGE (STANDARD SERVICE) WHEREAS, the City of Fort Worth occasionally requires the services of tow trucks; and WHEREAS, such tow truck services are necess�ry ta protect the safefy of the citizens of the City of Fort Wor#h, N4W, THERE�4RE, KNOW ALL BY THESE PRESENTS: The City of Fork Workh, hereinafter r�ferred to as "City", acting herein by and through Libby Watson, its duly authorized Assisfan# City Manager, and James Revnolds Individuallv Owned and dba Narmans Wrecker SECVIC�, 1�ereinaftsr ref�rred to as "Company", acting herein by and through James Revnolds, its duly �uthorized Owner, agree as follows: �. SERVICES City hereby cantracts w�th Company to pro�ide police pull towing service. As used herein, "palice pull" shall mean thaf the Fart Worth Police De�artment has c�lled Company fram the rotation list fo either remove a wr�cked or disabled vehicle or to remove a vehicle in a safe driving condition, but the awner is not present, able or permitted to drive or to make author�zatians. 2. TERM � The initial term of fnis corr�ract shall c:xp�re on September 30, 2003. ln addition to th� initial term of this contract, there shall be four options to renew for t�rms of on� year each, un[ess eariier t�rminated as h�reinafter provided. Renewal shall accur upon City including in its budget for the options years sufficient funds to pay for its obligatians hereunder and Company providing proaf of insurance to City. 3. COMPENSATION 3.1 Comqensatian. As compensafion for providing fhe services eant�mplated by this Contract, City agr�es to pay Company as fol�qw��- ���� V�fl�� �)�VI��YWh�U � �] E!F � �� '�'"���� � ���, ��_ � a) Towaqe. A charge of ane hundred pollars {$10�,04) for towing such veF�icle from one point on a s#reet to another loeatian wifhin the corporate limits of the city as directed by tne police departmen� at th� place where tne taw origina�ed; such charge includ�s on�-half hoUr of exfra work. b� Second tow truck. 1n the e�ent the police officer at th� scene �etermines that a second tow truck is required, a charge of One hundred doffars ($1Q0.00) per hour, with a minimum charge af one hour, billed in increments af fiftesn (15) minut�s while at the scene of the police pu1f. A police supervisor shafi approve the use af a second tow truck. Travel time is �xcluded. c) Extra work. An additional charge of one hundred dollars ($�00.00} �er hour, with a minimum charge of one hour, cnarged in increments of fifteen (15) mintates, far removing v�hicles thaf are off the street right-of-way, such c�arge to be made from the time the operator begins to remove the vehicle unt9{ i# is on fhe traveled �Qrtion of the street. Even though the vehicle is within the str�;et right-of-way, an additiona{ charge may be made if the vehicle is located in some unusual condit�on within the right-of-way, such as, but not limited ta, a river or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra wark shal{ oniy be allowed when autharized by a police officer � at the scen� af the pufl. The charges for such e�ctra work shal! be reviewed and approved by the Auto Paund Wr�cker Administrator. Extra wark � excludes travef time, waiting t9me and clean-up time. I d) Use of a dollv. No additional fee sha11 be charged for fhe us� af a doll . Y , e} Handlinq hazardaus materials. When the cargo of any mafor vehicle or trailer �ncludes expfosive, n�cfear, racfioactive, hazardous or corrosi�e materials, as d�fined by the Envir4nmental Protection Agency, Texas Department of Transpartafion, or fhe Texas Commission on Enviranmental , Quality, a fes equal to one hundred-fifty (150j percent of the charges wF�ich may be assessed pursuant fo subparagraph "a" al�ove. In addifion, a charge may be made far ex�enses incurre� related to protective clothing and any 5ta»dard Wrecker 2 Yage Z a!' 1 Z t r ather supplies or equipment used in har+dling such materials, such charge being equal to the actua{ amounts incurred plus fifteen (15) percent. f} Nothing cont�ined herein shalf be construed so as to obligate City ta expend any sums of money. Further, noihing contained herein shal! be construed sa as to guarantee ta Campany that City will cdn�act C�mpany for any tawing services contemplated by this Cantract. 3.2 {nvoicina and Pavment. Company shail fr�vQic� City once per mon#h. Campany shall inciude with �he invoice sucf� documents as may be reasonably requested to provide evidenee of the services provided fo the City, which at a minimum shall includ� copies of the wrecker selection form signed by the officer af the scene of the po{ice �u{1 andlor �aersonnel at the Fort Wo�n Auta Pound. Such in�oice shall be subject to the review and approval of appropriate City personnel. City shal{ rem�t paymer�t to Company not more than thirky (30) days following approvai of invoice. 3.3 Compensatiar+ Revi�w. City shall review on an annual basis the compensation provided for hereunder, with the first such review to be conducted during the month of August 2003. 5imilar reviews shall occur in Aug�st af each succeeding year that this contract is in effect. City shal{ ma6ce ad�ustments in the compensation based upon increases or decre�ases in the cosi of dang business, taking into eonsideration fuel, insurance, labar, and such other casts as may be relevant to the vperation ofi a towing business. 4. VEHiCLE AND EQUIPMENT REQUfREMENTS Company sha11 maintain at all times the following �ehicles and equipme�t in working candition: a) A minimum of two (2} wreckers, one of which sh�l1 be nat less tF�an 1�,000 pounds gross vehicle weight and one of which shalf be not less than 10,000 pound� gross vehicle weight, dual rear wl�eels, equippeci with a hydraulic operated winch, winch lines, and a boam rated at not less thar� 5,000 pound lifi capacity and a wheel lift device rated at not less than 2,500 pounds. 5tandurd Wreeker Pago3oflZ � b} Ai a minimum, ail wreck�:rs shal! be equipped with fhe falloerving equipment, which at all times shall be maintained in working order: 1) 2� 3) 4} 5) 6) 7) 8} 9} 10} 11) �2) �3) 14) Tow bar Towing ligF�ts Emergency overhead warning lights (red ar am�er co{ar only) Safety chain Fire extinguisher, A.B.C. Type W recking bar Braom Ax Shovel I�eflectors or traffic cones Trash container Two way voice or computer communication betweer� tow truck and Company dis�atcher Backing warning signal Wheel chocks c} Each wrecker shall ha�e the identifying markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall provide Notice of Complaint Proeedures �o the owner of a towed �ehicle as outlined by the Texas Departrrment of Transportation Rules and Regulations as contained in 43 Texas Admir�istrative Cade, Ct�apter 18, subchapter 18.89, as same may be arnended from time to time. d) Each tow truck and the required equipment shall be inspected by the Chief of Police or his autharized designee prior to being used for services contemplated by this contract. In addition, each tow truck and the requir�d equipm�nt shall be subject to intermittent inspectivn to assur� compliance with ff�is contract. 5tandard Wrecker t� Pa$e 4 vf 12 � INSURANCE REQUIREMENTS Company shail mainta�n insurance from i�surers acceptabfe ta City nf the following types and amounts: 5,1 Gommerc�al General Liability $500,�Ofl each occurrenc� $50fl,OD0 aggregate ar Carage L.iability $500,a00 each accident, other than auto $500,DOQ aggregate 5.2 Autamobile Liability ��aa,000 each accident, combined s�ngle {imit This cov�rage shali include all vehicles owned or nan-awned that a�e operating under Company's operating authority. 5.3 CargolOn�Hook $30,OOa per unit Coverage shall inclUde both the unit being �owed and its contents. Units covered .shaN include but not be limited to motor v�hieles, trailers and boats. Cov�rage sha�l b� written on a direct primary basis. 5,4 GARAG�K�EP�R'S �1ABl�.1TY $30,Da0 per unit �, 5.5 Wor�cer's CampensationlAccident lnsurance Caverage shall meet the minimum requirements of state law as con- �� tained in th� Motar Carrier R�ales and Regulations. � � 5,6 Currertt insurance certificates snall remain on file with the City during the � ferm of this Contract. lnsurance coverage may, at the sole discretion of the City, b� revised upward upon thirky (30} days prior written r+atice to Compar+y. Policies shall be endorsed as follows: Standard Wrecker � E�age 5 of l2 , a} Tfi�e City, its officers, emplayees and servants shall be endorsed as an additional insured on all policies except employer's liability insurance coverage under the workers' compensation insurance policy. b) Certificates of insurance shall be deli�ered to the supervisor of t�te City of Far� Worth Auto Pound, 1301 E. Nar�fi�side Drive, Fort Worth, T?C 761Q2, prior ta any warlc being performed under this contract. c) Any failure on part of the City ta request required insurance documentation shal[ not constitute a waiver of the insuranee requirements specified herein. • d} Each insurance palicy shall be endarsed to pro�ide the City a minimum thirty days nofice ofi canceliat�on, non-renewaf, andlor material chang� in policy terms or coverage. A t�n days notice shall be acceptable in the e�ent of non-payment of premium. e} Insurers must be authorized to do business in the State of Texas and have a c�rrent A.M. Best rating of A: Vll or equi�aler�f ineasure of financial j strength and solvency. f f) Deductible limits, or self-funded retention limi#s, on each policy must nat � exceed $10,QQO.OQ per occurrence unless atherwise approved by the City. � , g} Other than worker's compensation insuranc�, in lieu of traditional insurance, City may consider alternative caverage or risk treatment measures through 1 insurance pools or risk rete�tion groups. The City must appro�e in writing any alternati�e coverage. h) Workers' compensation insurance policy(s� coverir�g employe�s shall be endorsed with a wai�rer of subrogation praviding rights of recovery in favor of th� City. i) Cify shall nat be responsible far the direet payment of insurance premium costs. j} Insurance policies shal{ each be endarsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall nat be called upon to cantribute ta loss recovery. Standard Wrecker f'age G af l2 � / 1 k) Company shalf repart, in a timefy manner, to City's officiafly designated contract administrator any known foss occurrence which could give rise to a liability claim or lawsuit or which could result in a properiy loss. I} Company's liability shail r�ot b� limited to the spe�ifie�l amoun�s af in�urance required herein. m) Upon the request of City, Company �hal! provide complete copies of afl insurance policies r�quired by these c�ntract documents. 5.7 in the avent a sfate or federal law, rule or regufafion �erkaining to wreck�r serv�ce campanies operating within the State of Texas exceed insurance requirem�nts specifi�d herein, such state or federaf law, rule or regulation shall prevail for the respective type of insuranee coverage andlor fimit thereof. 6. DUTIES AND RESPQNSIBlL1TIES aF CbMPANY Company, during the t�rm of this contract, shal! perfarm the �ollowing duties and have the following responsibilities: � a Mainta�n as its ) primary business t�e towir�g of vehicfes or trailers �y wreckers m�eting the requirements af paragraphs 4(a) and 4(�) abave. � "Primary �usiness" shalf inean �hat Company receives more than fifty per-cent 1 , (54%) af it gross revenues fram the towing of �ehicles and trailers. AH of company's records shall be open to reasor�able inspectian, bath at the time of � execution af this ag�eement and at any time �uring the term hereof, ta verify �� compliance with this condition. b) Maintain a currently licensed vehicfe storage facility located within the corporate limits of the City. "Vehicl� storage facility" shalf inean a faciiity operated by a person iicensed under Article 6687-9a, Revised Statutes. c) Maintain business operation twenty-four (24) hours a day, seven days pe� week, � d} Respond to all calls contemplated by this contract within fhir�y (3a) minutes 1 afi notification, �xcept in extraordinary situatians where delay is caus�d by ice, � snow or other weather related conditions. In the �vent Company fails to i respond as required, City may no#ify anoiher wrecker company and Company I' � 5landard Wrecker Pa�e 7 of I2 I � sF�all not be �ntitled to the compensation to whieh it would have been entitled had it arrived timely. e) Ma�ntain on file with the City the name afi the owner, president or chief ex�cutiv� officer, business addr�ss, a�d telephone number; fur�her, Com�any shal{ notify the City of any change of ownership, president or chief executive officer, or change �f address within five {5) business days of any such change. f) Deliver the motor vehicle being towed ta the locatian within the corporate limits of Gity designated by the police officer at the scene ofi the pull. Deliuery shall be made without deiay ar detour. g} Fui1y caoperate with any investigation conducted by the City regarding complaints against Company, whefher or not such complaints arise out of �ervices cont�mplated by this Contract. h) Shall nat b�come delinquent in the �ayment of any taxes due #o City. i) Shall not go to any accident scene unlsss the Company has been called ta the scene by the ow�er ar operator of a vehicl� ar an authorized representatrve af same, or by the City. j) Completeiy remove all debris resulting from any accident to which the Gompany is respondirtg. Removal of debris shall not be cnnsidered complete by merely sweeping it to the curbline. k) Shail not saficit any wrecker bt�siness r,vithin the carporate limits of City at the scene of a wreck�d or disabled vehicl�, regardless of whether tF�e sol�cifation is far the purpase of soliciting the business of fowing, r�pairing, wrecking, storing, trading, or purchasing the vehicle. l) Sha{I on{y employ drivers of tow trucks authorized ta op�rate same. m) Provide the Police Pound personnel with an invoice at the time the vehicle is deiivered to fhe Auto Paund together with the signed wrecker selection form to be provided. r. TERM1NATlON AND SUSPENSION 7.9 This cantract may be terminated ar suspended by Ci#y for any of the folfowirig causes: S1and¢rd Wreckcr 8 Page 8 af 12 � a} Viofaiion of any term andlor condit�an sp�cified in fhis contract. bj Faifure to notify the Cammunications Di�isian af the Palice Department within fiifteen (15) minutes from the time of natification if the Company wi{I be unab{e to respond within the thirty (3fl} minutes allotted for a response to a call for wrecker service. c) Permitting a tow truck to �e operated by anyone while under the influence af alcohol andlor drugs. d) Perrnitting a tow truck to be operated by anyone whose operator's license is suspended. e) Transferring or assigning any call for service to any ainer company f� Any sustaineci complaint of theft by personnel of Company while acting in their capacity as emplayees af Com�any, whether occurring during a police pu1{ or athenrvis�. g) Any sustained complaint of threats made by personnel af the Company while acfing in their capacity as employees of Company mad� against tt�ird parties during a police pull or athennrise. h} Failing to comply with al! directions of poliee persannel at the scene of a police p�fl or civilia� employee afi tne Police Pound, Cornpany may requast a polic�; supervisor to validate any such direction given. i) Five {5} passes within a thirty (3fl) day period, Pass ir� this paragraph shaCl mea� Company faifing to notifjr the City of iis inability to respond io a rec{uest for service as required by paragraph 2 above. j) Ten (10) passes within a thirty (30) day periad, Pass ir� this paragraph sha11 mean a Company notifying the City af its inability ta respond ta a request for service as required by paragraph 2 above. k) Vialation af any rufe or regu{ation contained in Exhibit "A" attached her�ta. I} Faiiure to comply with any sfate or federal law ar city o�dinance related to the operation of a wrecker company. 7.2 City shall notify Company in writing of its intent fo terminate or sus�end far cause twenty (20} c�ays prior to such suspension or t�rmination. Company shall have #he right to request a hearir�g before the Chief of Palice or his designe� 5tpndard Wrecker � Page 9 of� 12 regarding the intent to terminate or suspend for cause by requesting a hearing in writing wiihin five {5} business days after receipt of nofiice of intent to terminate or suspend. A nearing shall be conduct�� within fiifteer� (15) days of the request for hearing. The City, in its sole discrefion, may temporarily suspend this contract during any ap�eals proces�. 7.3 ln the event fihis contract is suspended for cause, the suspens�on sh�ll be for a period of time of not less tha� six (6) monti�s nor more than tw�lve {12) months. 7.4 In the avent City susper�ds or terminates this contract for cause, and the caus� for such suspension or termination is determined to be invalid, Company's sole r�medy shall be reir�statement of this contraci. Company express[y wai�es any and all rights to monefary damages, including but not limitad to actual and punitive damages, court costs and attarney's fees. 8. INDEMNlFICATION With regard ia any liabi{ity which might arise hereun�er, City and Company agree that they shall be solely and exclusively liable for th� negligence of its own agents, servants, subcontractors and employees and that neitner parky shall look to the ather party to save or hold if harmless for the consequences of any negligence on the part of nne of its own age�t, servant, subcontractar or emplayee. Nothing contained herein shall b� construed to be a waiver by City of any right of protection that it enjoys under a�plicable State or Federal faw. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portion hereof to any party wifhout the prior written consent of City that shai! no� be unreasanably withheld, Any such assignmenf, transfer or subletting af this C�ntract without the consent o� the City shall be void and shall operate as a termination hereo#. Standa��d Wi�ecicer 10 Page 10 oF 12 �o. ZONES AND ROTATiON LIST 10.1 City shall divide the city into four (4) zones that shall correspond to the four (4) patroi �i�isions. Company shafl be ass�gned to the zone or an adjacent zone in which it maintains its prirtcipal p�ace of b�siness. �0.2 City shall create a rotation list within each of the four (4) zones that wi�l dictaie the order in which wrecker companies 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 within thirty (30) minutes. 1�. 1NDEPENDENT C4NTRAGTOR lt is understood and agreed by the parties hereto that Company shall perform all work and s�rvices hereunder as an independent contractnr, and not as an officer, agent, servant or employse of the City. Cam�any shal! have exclusive control of and the exclusive right to control the details of the work or service to be performed her�under, and all persons performing same on behalf of Company, and shall f�e solely responsible for the acts and omissions of its officers, agents, servants, employees, confractors, subcontractars, licensees and in�itees. The doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, servants, �mployees, contractors and subcontractors, and nothing herein shall be construed as creating a�artnership ar joint venture between the parkies hereto. 5tandard Wrecker � � Page I 1 af 12 � � In witness wi�ereof, the parties hereto have executed this Contract on the ����` day of i , 2C�. , f ATTEST: C,�--Ty,�ORT WU�iTH �� �C��7,�-P� ._ �Y� � �t� �� G[ari Pearson �ibby �tson City Secretary Assistant City Manager APPROVED AS T� FORM AND LEGALITY %� Assistant City Attorne� ATTEST: Corporate Secretary � � � � � ,�� Cpnt�ac� uthor�zation e �� . � � � Fi 4 � , . . _ aate James Rev�olds Individuallv Owned and �ba Normans Wrecker S�;rvice (Company Name} By: . J s Reynolds, Owner Standard Wrecker 12 Page 12 oF 12 �.� � 41� u : ai� � ���� ������ � ���� ���� Tl�e following qules a�ci ��egulatio9is will bc fofIowed by AY�L �Vi•ecker Companies �pon ai•rival ai tl�e Auto Pound. 1. The e��.�ry gate will not be blo�lced hy wrecicers waiting to enter or exit the Auta Pnu�xd. 2. No wrecicer shall eriter tlle Auto Pound. with mor� tl�aa� ane (1) person/operator, ui�less auillorized I�y the on duty shift super�isor, Tk�is wi11 be done oii a cas� by case basis. 3. For safety reasons, a C� Carrier will be required ta off load their cargo when po�sible. This shall b� dete��cnined by the ta�� dtirty supervisor. 4. In�entories slaould be ha�.ldled i11 azl expeditious manner wl�en passi]ale. However, Auta Poiu�d persoi�lel are required to do a complete and precise iizventoiy af all property and veliicles. A specific �ii71� fran�e would be impossible to institute. 5. No wrecl�er driverio�erator wi11 assist wi�h a.�1y inventary being co��ducted by ALito Pound �e�soi�uiel. b. Tl1e Ltse of Car Caaz-iers, ext��a time, extra eqt�ip���ent, etc., shall i�e subj ect to ��?pPOVill �� t�7e WFeCI�EP AC11TW115tia.t0�` OT Alltp POlillC� Sll�7�T'H150T. 7. Wrecicer drivers/operatorslow�zers sha]1 Ue required ta follow any directions or instrttctions give�i Uy AL�to Pound persoru�el. 8. Wrecicer Coznpai�y Owi�ers shall assist and comply vwith aizy investigation perfoi7nad by Auto Potuld perso�inel or the Fort Woi-th Police Depa�-�ment in rega.rds to their colnpauy, dz-iver, operator and or business without hasitation. 9. ViolatiQi�s of any of the above rules sllall be stiibjeci to z�view Uy tlle Wrectter Adiniiustrator or Azrto Pound Super�visar. The Auto Po�ind Supervisor or a IZigher level of cominand inay dete�ziiine disciplinary actia�l up to aild inchidi�lg ten�zii�atioil of co��tract. City of'.�'o�t �o�t1�p T'�as � �� ��d ����;� �,������������ y � �AT� REFERENCE NUMBEI� L�G NAM� PAGE 4181Q3 Ca19�4� I 3�TOWs 1 of 2 suB.��cT SUPPLEMENTAL APPROPRIATI�N �RDINANCE AND CONTRACTS F�R NON- CONS�NT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CiTY 4RDINA�JCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the Ciiy Council: Authorize contracts for Police Depariment requested non-cons�nt towing of wrecked ar abandoned vehicles from multipfe rrendors as required by Sec#ion 34-181 of the Code of the City of Fart Worth (� 986}, as amended; and 2. Authorize the contracts to begin April 8, 2003, and expire 5eptember 3D, 2003, with options io renew for four additional one-year periods; and � 3. Adopt the attached supplemental appropriation ordinanc� increasing estima#ed receipts and appropriations hy $446,94� in the Generaf Fund ftom available fUnds. DISCUSSION: Section 34-181 ofi the Cade of the City af Fort Vllorth ('1986}, as amended, required that all pollce ciepartment, non-consenf tows, shall be undertaken pursuant io contract, specifically execut�d between the City and a wrecker company. Tt�e Public Safety Carnmittee extensively re�iewed the new rates and urtanimously appraved tt�is recommendation on March 2�, 2003. , There are #hree types of con#racts and rates as fiollaws: • Standard tow trucks $� �� � Tilt bedlrol[back taw trucks $125 � Tar�dem taw truc�Cs $'� �d Cantracfs will be executed with any vendor desiring to pertorm non-cor�sent taws for the Police Depa�tment, if they m��t the contract requirements such as towing operations being �he vendors primary busine�s, equipment specifications, irtsurance, and a locafly licensed storage facifity. The fees for services to be pro�ided and assignment to one nf four zanes are the same as cvniained �y Cifiy Code. The estimated expenditure for th�se services is $1.8 rr►illion per year includir�g the anticipated increase (of $446,944) for the remainder af the fiscal year based on the reuised rates. This increase will be vffset by re�enue callected as �ees. RENEWAL OPTEONS - These contracts may be renewed for up to four successive one-year terms at the City's option. This action does not require specific City� Cauncil approval provided ti�e City Caunci! �`ity of �'o�t Worth, T'eacas ���r �nd ��c�nci� ��r�����c�t��n DAT� R�FEF:�NCE NUME3�R L�G NAME PAGE aisro3 �-� g��4 I �sTows � of z SUBJECT SUPPLEMENTAL APPROPRIATION ORDWANCE AND CONTRACTS FOR NON- C�NSENT T�WING OF V!lRECKED OR A�ANDON�D VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDfNANCE FOR THE POLkCE DEPARTMENT has appropriated sufFicier�t funds ta satisfy the City's obligation during the renewal term. FkSCAi. INF4RMATi0N10ERT�FICATION: The Finance Direcfior cert�fies that upon �ap�ro�al and comple#ian of the abo�e recammendations and the a�aption of the attache� supplemental appropriation ordinance, funds will be a�ailable in the current aperating budget, as appropriated, af the General Fund. LW: r Submitted for City ManAger's Office by: Lihby Watson Originating Department Head: Italph Mendaza Additional rnformation Cuntact: 5ttsan Afanis I FUND I ACCOUNT I C�NTER � {ia) � GG01 539120 a353403 5183 I GG01 46282�4 0353403 48386 I (from) GG01 539120 0353403 I �sz�z � . AM�UIVT $446,944.00 $�446,944.Q0 $446, 944.00 CITY SECR�TARY APPROVED q41�8/03 QRD.# 15S 17 1 1 l