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HomeMy WebLinkAboutContract 28617} � �✓]�` ! ���q.I����� ■ Y ��q✓ � I 1 . ������ M� � �` � a_'� GONTRACT FOR T�W TRUCK SERVICE (TILT BEDIROLL BACK) WHEREAS, the City of Fort Worth occasion�lly requires fhe servic�s of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citiz�ns of the City of �ort Worth, NOW, THEREF'ORE, KNOW ALL BY THESE PRESENTS: The City ofi Fort Worth, hereinafter referred to as "City", acting herein by and througE� Libby Wafson, its duly aut�arized Assistant City Manager, and James Revnafds Ind�viduallv Owned and dba Normans Wrecker Service, hereinafiter referred to as "Company", aciing herein by and through James Revnolds, its duly auti�orized Owner� agree as follows: 1. SERVICES City hereby contracts with Company to provide palice pull �owing service. As used herein, "police pu11" shall mean ihat ihe Fort Wor�h Police Departmenfi has called Company from the rotation list to �ither remove a wrecked or disabied vehicle or to remove a vehicle in a safe driving condi�ion, but the owner is not present, abl� or permitted to drive ar fo make authorizations. 2. TERM Tne initial term of this contract shall ex�ire on September 3Q, 2003. ln addition to fhe initial term of fhis contract, there shall be four optians to renew for terms of one year each, un[ess earlier terminated as hereinafter �ravided. Renewal shall occur upon City including in its budget for fh� options years sufficient funds to pay for its obligations hereunder and Company prov�ding proof of insurance to City. 3. COMPENSATION 3.1 Compensation. As compensati�n for providing the servi��— _ contemplated by this Contract, City agrees to pay Company as follc�v�; ..�� � ���� � i��, ' ���, a) Towage__. A charge of one hundr�d twenfy five dollars {$125,Q0) for towing such �ehicle from one point on a sfreet to anotf��r loca�ion within ti�e corporate fimits of the city as directed by the poCice officer at the place wher� the tow originated; such charge inclu�es one-nalf hour of Extra Work. In the event Company responds to the scene of a police pu�l with a tilt bedlroll back truck when the police pull could have been accomplished with a standard tow truck, Company shall be entiiled to the red�ced charge of One hundred dollars ($100.00�. b) Second tow vehicle. In the event the police officer at the scene determines that a standard tow vehicle is required in addition to the tilf bedlroll back �ruck, a ci�arge of One hundred Dollars {$�00.00) per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pufl. A police supervisor shall approve the use of a seco�d tow truck. Travel time is excluded. c) Extra wark. An additional charge of One hundred doilars ($100.00} per hour, with a minimum charge of one hour, charged in increments of fifteen (15) min�tes, for removing vehicles that are off the street right-of-way, such charge to be made from the time the operator begins to remove the vehicle until it is on the traveled portion of the street. E�en though i�e vet�icle is within the street right-of-way, an additional char�e may be made if th� vehicle is located in some unusual condifion within the right-of-way, sucf� as, but not limited to, a ri�er or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be allowed when aut�orized by a police officer af the scene af fhe pull. The cl�arges for such extra wark shall be reviewed and approved by the Auto Pound Wrecker Administrator. Extra work excludes travel time, waiting fime, and clean-up time. �} Handlinq hazardous materiafs. When the cargo of any motor vehicle or frailer includes explosive, nucfear, radiaacti�e, hazardous or corrosi�e - materials, as defined by the Environmental Protection Agency, Texas Department of Transpartatian, or the Texas Commission on Environmental Quality, a fee equal to ane hundred-fifty �15�) percertt of the charges Tilt Wrecicer 2 Page 2 of 12 permifted under subparagraph "a" above. [n addition, a charge may be made for expenses incurred related ta protective clatning and a�y other sup�lies or equi�ment used in handling such materials, such charge being equal to the actual amounts incurred plus fifteen (15) percent. e} Nothing contained herein sha11 be construed so as to obligat� Cify to expend any sums of money except far wark actually perform�d. Further, nothing eontained herein shall be construed so as to guarantee thai City will cortfact Company for any towing service contemplated by this Contracf. 3.2 Invoicinq and Pavment. Company sha11 Invoice Cify once pe� month. Company shall include with th� invoice such dacuments as may be reasonably requeste� to pro�ide evid�nce of the services provided to the City, which at a minimurn sha[I include copi�s of the wrecker selection form signed by the officer at the scene of the pofice pull andlor p�rsonnel at the Fort Worth Auto Paund. Such invoice shall be subject #o the review and appro�al of appropriate City personnel. City shall remit payment to Company not more than thirty (3a) days following approval of in�oice. 3.3 Compens�tion Review. City shal[ review on an annual basis the compensaiion �rovided for hereunder, with the first such review #o be conduc#ed dur[ng the month of August 2003. Similar revi�ws shafl accur in August o� each succ��ding year that this cor�tract is in effect. City shall make adjustments in the compensation based upon increases or decreases in the cost of doing business, taking into consideration fu�l, insurance, la�ar, and such other costs as may be rele�ant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Cam�any sl�all maintain at all times the following vehicles and equipment �n working c�ndition: a) A min�mum of one {1) tilt �edlroll back dual r�ar wheel wrecker rated at not less than 14,OOD pounds gross vehicle weight. b) At a minimum, all wreckers shall be equipped with tne following equipment, which at all fimes shal� be maintained in working arder: Tilt Wrecker !'age 3 of { 2 3 ! 1 1) 2} 3} 4) 5) 6) 7) 8) 9) �Q) 11) 12) 13) 14) � 5} Taw bar Towing lights Em�rgency ov�r[�ead warning lights (red or amber color only} Safety chain �ire extinguisher, A.B,C. Type Wreeking bar Broom Ax Shavel Reflectors or traffic cones Trash contair�er Two way voice or computer communication between tow �ruck and Company dispatcher Backing warning signals W heel chocks Traffic cones c) EacF� wrecker shall have the identifying markings required by the Texas Transpartation Co�e, section 642.002. In addition, each wrecfcer shall provide Notice of Complaint Procedures to the owner of a towed vehicle as outlined by fhe Texas Department of Trans�ortation Rules and Regulatians as cantained in 43 Texas Administrative Code, Chapter 18, subchapt�r � 8.89, as same may be amended from time to time. d) Each taw truck and the required equipment shall be inspected �y the Chief of Police or his authorized designee prior to being used far services cantemplated by this contract. In addition, each tow trucCc and the required equipment shalf be subject ta int�rmittent inspection ta assure compliance with #his contract. Tilt Wrecker 4 Page 4 of V 2 :'� 1NSURANCE REQUIREMENTS Company shall mai�tain insurance of the following types and amounfs from insurers acce�table fo the City: 5.1 Commercia[ Ceneral Liability $500,000 each occurrence $SDO,aQQ aggregate or Carage Liab'rlity $500,000 each accident, other than aufio $500,00� aggregate 5.2 Auiomobile Liability $SQO,QDO each accident, combined single limit This coverage shall include all vehicles owned or non-owned that are operating under Cam�any's aperating autharity. 5.3 Cargol�n-Hook $30,000 per unit Coverage shall include bath th� unit being towed and its contents. Units covered shall include but not be limited to motor vehicles, trailers and boats. Coverage shal� be written on a direct primary basis. � 5.4 GARACEKE�P�R'S LIABILITY $30,OQ0 �er �nit 5.5 Worker's CompensationlAccident Insurance Coverage shall meet the minimum re�uirements of state faw as con- tained in the Motor Carrier Ru[es and Regulations. 5.6 Current insurance cer�ifiicates shall remair� on file with the City during the t�rm of this Contract. {nsurance coverage may, at the sole discretion ofi the City, b� rev�s�d Upward upon thirty (30) days prior written notice ta Com�any. Palicies s�all b� �ndorsed as fallovvs: Tih Wrecice�� Page 5 of l2 E � , a) The City, its afficers, employees and servants shall be endorsed as an additional insured on all policies �xce�t employer's Iiability insurar�ce coverag� under ti�e workers' compensation insurance policy. b) Certificates of insurance sha{I be delivered to the supervisor of the City of Fort Worth Auto Paund, 13a1 E, Northside Drive, Fort Worth, TX 76902, priar ta any work being performed under this cantract� c) Any failure on part of the City to r�quest r�quir�d insurance documentation shall not constitute a waiver ofi the insurance requirements specifie� herein. d) Each insurance �olicy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or.coverage. A ten days notice shall be acceptable in the e�ent of non-payment of premium. e} Insurers must be autharized fo do business in the State of Texas and have a current A.M. Best rating of A: Vll or equivaEent meas�are of financial strength and soivency. f) Deductible limits, or self-funded retention lim�ts, on each policy mus� not exceed $� Q,000.00 per accurrence unless otherwise appro�ed by the City. g) Otherthan warker's compensation insurance, in lieu of traditiana[ insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must appro�e in writing any alternative caverage. h} Workers' campensation insurance policy(s) covering employees sha11 be endorsed with a waiver of subrogatian providing rights of recovery in favor of the City. i) City shall not be responsi�le for the direct payment af insurance premium costs. j) Insurance policies shall each be endorsed �o pravide that such insurance is primary protectian and any self-funded ar commercial co�erage maintained by City s�all not be cal[ed upon to cor�tribute to loss recovery. 7'iri wrecker 6 PageGofl2 �C} Company shall repori, in a timely manner, to City's officially designated contract admi�istratar ar�y k�own loss occurrence which could giv� rise fo a liability claim or fawsuit or whic� coUld result i� a proper�y loss. f} Company's lia�ility shall nofi be limited to the specified amounts of insurance required herein. m} Upon the requesf of City, Company sf�all provide completa copies of al1 insurance policies required by these contract documents. 5.7 In the event a state or federal law, r�le or regulation pertaining to wrecker servkce companies operating within tne 5fate of Texas exceed insurance requirements s�ecified herein, such state ar federal law, rule or regulation shall pre�ail for ti�e respective type of insurance coverage andlor limi� fhereof. 6. DIJTIES AND RESPONSIBILITIES OF COMPANY Company, during the term ofi this contract, shall perform the following duties and have ihe following responsibilities: a) Maintain as its primary business the towing of �enicles or trailers by wreekers meeting the requirements of paragraphs 4{a) and 4(b} above. "Primary �usiness" shal{ mean fhat Campany receives more than fifty per- cent (50°/fl) of it �ross revenues from the towing of vehicles and trailers. Afl of company's records shall be open to reasona�le inspection, both at the time a# execution of this agre�ment and at any time dur�ng the term ner�of, to verify compliance with ihis conditian. b} Maintain a currently licensed vehicle stara�e facility located within the corporate limits of the City. "VeF�icl� sfarage faciiity" shall mean a facility operated by a person under Article 6687-9a, Revise� Statutes. c) Maintain business operation twenty-fo+�r (2�) hours a day, seven days per weeK. d) Respond to al] calls contemplated by this contract within thirty �30) minutes of natification, except in extraordinary situations where c�elay is caused by ice, snow, or other weather rela#ed conditions. In the even# Company fails to Tilt Wrecker '� Yage 7 of l2 respond as required, City may notify another wrecker company and Company shall not be entitled to the compensation to which it would have been entitled �had it arrived timeiy. e) Maintain on f le with the City the name af the awner, president or chief executive officer, business address and telephone number; further Company shall notify the City ofi any change of ownershi�, president or cnief executive officer, or change of address within f�ve (5) b�siness days of any such change. f} Deliver the motor vehide being iawed to the location within the corporate limits of City d�signa#ed by the police officer at the scene ofi the pull. Delivery shall be made without delay or detour. g} Fully cooperate wifh any investigation conducted by the City regarding complaints against Com�any, wheth�r or not such complaints arise aut of services contemplated by this Contract. h) Shall not become de[inquent in the payment of any tax�s due to City. i} Shall not go to any acci�ent scene unless the Company has been called to t�e scene f�y the owner or operator of a �ehicle or an authorized representative of same, or by tne City. j) Completely remove all debris resulting from any accident to which the Company is responding. Removai of debris sha[I not be considered complete by merely sweeping it to the curbfine. k) Shall not so�icit any wrecker business within the corporate limits o� City at the scene of a wrecked or disabled vehicle, reg�rdless ofi whether the solicitation is for the purpose of soliciting the business of towing, repairing, wrecking, storing, frading, or purchasing the vehicle. 1) Shall only employ dri��rs of taw trucks authnrized to operate same. m)Provide the Police Pound personnei with an invoice at the time the vehicle is delivered to the Auto Po�nd toget�er with the sigr�ed wrecker selection form to be pro�ided. 'CiR Wrecker g Puge 8 nf 12 7. TERMINATION AND SUSPENSION 7.1 This contract may be terminated or suspende� by the Ci�y for any of the following causes: a) Violation of any term or condition specified in this contract. b) Failure to notify the Communications Division of the Police Department within fifteen {15) minutes firom the time of notification if the Com�any will be unable to respond within the thirty (30} minutes allotted for a raspons� to a wrecker call. c} Permitting a tow truck 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 lic�nse is suspended. e) Transferring or assigning any call for service to any other company f) Any sustained complaint of theft by persanne! of Company while acting in their capacity as employees of Company, whether occurring during a police pull or otherwise, g) Any s�stained com�laint of threats made by personne� of t1�e Company while acti�g in t�eir capacity as employees of Company made against third parties d�aring a police pull or ath�:rwise. h) Failing to comply with all directions of police personnel at the scene of a police pull or ci�ilian or police �ersonnel at the Police Auto Pound. Company may requesf a police supervisor to validate any such dir�ection given. i} Failure to comply with any state or federal law or cify ordinance relat�d to the oparation of a wrecker company. j) Five (5) passes within a thir�y (30} day period. Pass in this paragraph shall meart Company failing to notify the City of its inability to respo�d to a reques# for service as required by paragraph 2 above. Tilt V�Jrecker 9 Pagc 9 ot ! 2 0 k) Ten (10) passes within a thirty (30) day period. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a request for service as required by �aragraph 2 above. I) Vialatian of any rule or regulation contained in Exhibit "A" attacY�ed hereto. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (2D� days prior to such suspension or termination. Company sha�I have the right to request a hearing �efiore the Chief of Palice or �is designee regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of notice of intent to terminata or suspend. A h�aring shall be conducted within fifteen (15} days of the request far hearing. The City, in its sole discretion, may temporarily suspend this contract during any appeals process. 7.3 In the event this contract is suspended for cause, the suspension shall be for a period of time of not less than six (6) manths nor more than twelve ('f 2} months, 7.4 In the event City suspends or terminates this cantract for cause, and the cause for such suspension or terminat�on is determined ta be invalid, Com�any's sole remedy shall be reinstatement of this contrac#. Company expressly waives any ar�d al! rigf�ts to manetary damages, inc[uding but not Iimited to actuai and punitive damages, court costs and attorney's fe�s. 8. INDEMNIFIGATION With regard to any liability which might arise hereunder, Ci#y and Customer agree t�at they shall be solely and �xciusively liable for the negligence of its own agents, servants, subcontractors and em�loyees and that neither party sf�a�l [ook to the other party to save or hold it harmless for the consequenc�s of any negligence on the par� of one of its own agent, servan#, subcontractor or employee. Nothing contained herein shall be construed to be a waiver by City of any righ# of protection that it enjoys under applicable State or Federal law. Tilt wrccker Page l0 oF l2 1� � ASSIGNMENT Company shall nof assign, transfer or sublef this Contract ar any port�on hereof to any party wit�out the prior written consent of Gity that shall not be unr�asonably wifhheld. Any such assignment, transfer or subletting of this Contract shall be void and shall operate as a termination hereof. 10. ZONES AND ROTATION LIST A. City shall di�ide fhe ciiy inta four {4) zones that shafl correspond to tY�e four E4) patrol divisions. Company shall be assigned to the zone or an adjacent zone i� which it maintains its principa[ place of business. B. City shall create a rotation list within each of the fou� (4) zones that wiN dictate the ord�r in which wrecker campanies are contacted. C. City may r�quest Campany to conduct a police pull within any zone, and Company agrees to use its best effarts to arrive at the scene of fhe pofice pull within thirty (30) minutes. 11. INDEPENDENT CONTRACTOR It is understood ar�d agreed by the parties hereto that Company shall perform all work and senrices hera�nder as an in�ependen� contractor, and r�ot as an officer, agent, servant or employee of the City. Campany shall have exclusive control of and the exclusive righ� to control fhe details of the worfc ar service to be perFormed nere�under, and all persons perFarming same on behalf of Company, and shall b� solely respor�sible for tf�e acts and omissions of its officers, agents, servants, employees, contraetors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not a�p1y as between the City and Campany, its officers, agents, servants, employees, contractors and subcontractors, and nothing F�er�in shall be construed as creating a partners�ip or joint venfure between the parties hereto. In w�tness whereofi, the parties nereto have executed this Contract on the � �� �� day of , 20� Tikt Wrecker 11 Page l I of l2 ATTEST: 4 �lo Pearson —�' City Secretary APPROVED AS TO FORM AND LEGAL.ITY �� Assista� City Attorney ATTEST: Cor�orate Secretary CITY OF �FORT WO�TH . _ By� � ,�ibby Vl�,�fson Assistant City Manager , � �. ���'� ��� �-��-____,__--- �_ .:� . �ar��.r���. i�u�hra�s�.���ie�. r� � _ -,� .� f �� �, _�_� _ ,_M.. Date James Revnolds Individuallv Owned and dba Normans Wrecker Service (Company Name) By; es Reynolds, Owner � r V� �''Ji� � Tiil Wrecker 12 Page l2 0l l2 ��I3�I`� A �L�`I'�3 P�UlV�D The fol[owing rules �nd regulRt�ox�s will be fallowe� by A�LL Wrecker Companies upon arri�al at the Auto Paund. 1. The entry gate will not be blacl�ed by wreck�rs waiixng to enter ar exit the Auto Pozuld. 2. No wrecicer shali ezzter the Auto Poui�d wit�1 znore than one (1) person/aperator, Lulless autllorized by the o�z duty sl�ft supervisor. Tliis will be done on a case by case basis. 3. Far safety reasons, a Caz- Ca��ier will be requiued to off load theiz cargo when �ossible. Tlus shall be detei7nined vy tl�e oil duty sltpexvisor. 4. Ir�vei�tories should Ue handled in an expeditious ma�lner when possible. However, Auto Poi�nd }�ers�z�ne] are required to do a coinplete and precise inve�tory o� all �rapei-ty and �el�icles. A specific tinae fi•ame would be impassible io institute. 5, No w�-ecicer driverlope�atar will assist wi�lz ariy i��.ventory being coz�ducted by Auto Pound personzzel. 6. T%e use of Car Cal7iers, exb-a tinie, extra equipment, etc., sha11 be s�zUject to approval by the Wrecicer Adinuustr-ator or Atito Po�.u1d Supeivisor, 7. Wrecicer driversloperatarslownei•s shali be required to folloru aizy directious or u�structions giv�il by Auto Pound personnel. $. Wrecice�- Compai7y Owners shall assist a.izd cainply wi�li any investigarion performed by Auto Poluld persoiulel or ti�e �ort �orth Police Department uz regards ta tlleir company, driv�r, operator and or Uusxness wi�hout hesitatian. 9. Violatiol�s a� any of the above rtiiles sha�l �e subject to r�view by the Wrecker Admiizistrator or Auto Poui7d Supervisor. Th� Alrtp Poi�nd Stiipervisor or a I�.g11er level o� cox�aax�and inay detena�ix�e discipli��ary actiorz up to and ii�cluding tsi7nination of con�ract. City of �o�t Wo�th, 7'ex�s ���r� ��d ��r����� �a�rr�u����t��n DATE REFER�NCE NUMB�R LOG NAME PAGE a��s�o3 �a� g��� 3�Tows � of 2 SUBJECT SUPPLEMENTAL APPROPRlATION �RDINANCE AND CONTRACTS F'OR NON- CONSENT TOWING 4F WRECKED OR ABAND�NED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY �RDINANCE FOR THE POLlCE DEPARTMENT RECOMMENDATION: I# is recommended #hat the City Council; 1.� Authorize cantracts for Police Departmen� requested non-consent iowing of wrecked or abandoned vehicles from multipie vendors as required by Sectian 34-181 of the Cade of the City of Fort Worth (1986), as am�nded; and 2. Autharize the contracts to begin Aprii 8, 20D3, and expire September 3Q, 2Q03, with opfions tn renew for four additianal ane-year periads; and 3. Adopt the atfached supplemental appropriation ordinance increasing estimated receipts and appropriations by $446,944 in the General Fund from avai{able funds. DlSCUSSION: Section 34-181 of the Code of t�e City of Fort Worth (1986), as amended, required that all �olice depar�menf, non-cons�nt tows, shall be underta�en pursuant to contract, specifically executed b�tween th� City and a wrecke� company. The Pu�lic 5afe#y Commiftee extensively reviewed the new ra#es and unanimously appro�ed this recommendation an March 25, 2003. There are thr�� �ypes of contracts and rates as follaws: • S�andar� tow truc4�s $100 � Tilt �ed/rollbacf� tow trucks $�25 • Tandem tow trucEts $180 Coniracts wil! be executed with any vendor desiring to perFarm non-consent tows far the Palice Department, if they meet th� cont�act requirements such as towing operaiians being the vendors primary business, equipment s�ecifications, 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 Cify Co�e. The estima�ed expenditure for these senrices is $1.8 million per y�ar including the anticipa�ed increase (4f $446,944) for the remainder of the fiscal year based on the revised rates. This increase wifN be offse# by revenue collected as fees. R'ENEWAL OPTfONS - These contracts may be renewed for up to four successi�e one-year terms at the City's option. This action does nat require specific City Council appro�al �rovided the City Council City o, f��'o�t Wortlz, T'exas �1��� �f1� ���f1�1` ��IY1�1��1���t���1 DATE R�F�RENC� N[JMCi�R LOG NAME PAGE 418l03 ��� ��q,�4 35TOWS I 2 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION �RDINANCE AND CONTRACTS F'OR NON- CONSENT T�W1NG OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE � VENDORS REQU�RED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT has appropriated sufficient funds ta satisfy the City's abligation during the renewa[ term. F'ISCAL INFORMATIONICERTIFICATION: The Finance Director cer�ifies that upon approva[ and completion of the above recommendations and the adaption of the attached supplementaf appropriation ordinance, funds wil� be a�aiEable in the curr�nt operaiing budget, as appropriated, of the General Fund. LW:r Submitted for City Manager's Office by: Libby Watson OriginAting Depxrtment I{ead: Ralpli Me��doza Additional Information Contact. 5usan Alanis I FU1�D � ACCOUNI" � � �to� � GGO'I �39120 6183 GGO'i �462624 4$386 I (from) GG01 539120 � 78262 � CENTER � AMOUNT b3534D3 $446,944.00 � 0353403 $446,944.OQ � 0353403 $446,944.00 CITY SECRETARY APPROVED 04/08/03 QRD.# 15517