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HomeMy WebLinkAboutContract 28618� n ..._ ,. �. ._ _ ,. .. �dNT�iAC�T�t� ,� �O 1p . CONTRACT FOR TOW TRUCK SERVICE (TILT BEDIROLL BACK) WHEREAS, the City of Fort Worth occasionally requires the services of tow trucks; and WHEREAS9 such tow truck services are necessary #o protect the safety of the citizens of the City of Fort Worth, NOW, THEREFORE, KNOVII ALL BY THESE PRESENTS: The City of Fort Worth, her�inafter referred to as "City", acting nerein by and through Libby Wafson, its duly authorized Assistant City Manager, and Cardinal Wrecker Service Inc., hereinafter referred fio as "Company", acting herein by and through Da�id Matoke, its duly authorize� President, agree as follows: 1. SERVICES City nereby contracts with Company fio provide police pull towing service. As used herein, "police pull" shall mean that the Fort Worth Police De�artmen� has called Company from th� rotation list to ei�her r�move a wrecked or disabled vehicle or fo remove a vehicle in a safe driving condition, but the owner is not present, able ar permitted to drive or to ma�Ce authorizations. 2. TERM The initial term of thi� contract sE�all expire on September 3D, 2Q03. In addition to ti�e initia[ term of this contract, there shall be four options to ren�w for terms of one year each, unless earlier terminated as hereinafter provided. Renewa[ shall occur upon City including in its budget for the options years sufficient funds to pay for its obligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.� Compensation. As compensation for prot�� �G ��i�s contemplated by this Contract, City agrees to pay Compan� ds �tlr��� t '�$u ��,f��;,��� ��s�. - � � i a) Towape. A charge of ane hundred twenty five dollars ($�25.00) for towing such vehicle from one point on a street to another location within the corporate limits of the city as dir�cted by the police officer at the place where the tow ariginat�d; such charge includes one-half hour of Extra Work. �n the e�ent Company responds ta the scene of a police pull with a tilt bedlroll back truck wher� the police pull could have been accomplished with a standard tow tr�ack, Company shall be e�f9tled to the reduced charge of Dne hur�dred dollars ($100.00}. b) Second �ow �ehicle. In the event the police officer at the scene determin�s that a stan�ard tow vehicle is required in addition to the tilt bedlroll back truck, a charge of One hundred Dollars ($100.D0} per hour, with a minimum charge of or�e hour, �illed in increments of fifteen {15) minutes while at the scene of the police pu11. A police supervisor shall apprave the use of a s�cond tow tr�ck. Tra�el time is excluded. c} Extra work. An additianal charge of One hundred dollars ($10Q.00} per hour, with a minimum charge af one hour, charged in increments o� fifteen (15) minutes, for removing vehicles that are off the street right-of-way, such charg� ta be made frpm the time the operator begins to remove the vehicle unt31 it is on the traveled �ortion of the street. E�en fihough the veh�cl� �s within the street right�of-way, an additianal ct�arge may be made if the vehicl� is located in some unusual con�ition wifhin the ri�ht-of-way, such as, but not limited to, a river or a creek bed or a ditch of greater depth than t}�e ardinary bar ditch. E�ra work shall only be allowe� when authorized by a police ofFicer at the scene af fne pull. The charges for such extra work shall be reviewed and approved by the Auta Pound Wrecker Adminisfrator. Extra wark excludes travel time, waitir�g time, and clean-up time. d) Handlina hazardous materials. When the cargo of any mator vehicfe or trail�r includes explosi�e, nuclear, radioactive, hazardous or corrosive maf�riais, as defiined by the Environmental Protection Agency, Texas Department of Transportation, or the Texas Gommission on Environmental Quality, a fee equal to one hundred-fifty (15a) percent of the charges Tilt Wi�eckee � Page 2 af 12 � i permitted und�r subparagraph "a" above. In additian, a charge may be made for �xpens�s incurred related to protec�ive clothing and any other supplies or equipment used in handl�ng such mat�rials, such charg� being equal to the actual amounts incurred �lus fifteen (15} percent. e) NotF�ing contain�d f�erein shall be construed so as to obligate City to expend any sums of money except for work actually performed. Furkher, nothing contained herein shall be construed so as to guaraniee that City will co�tact Company for any towing service contemplated by this Contract. 3.2 lnvoicinq and Pavment. Company shall Invoice City once per month. Company shall include wit� the invoice s�ch documents as may be reasonably requested to provide evidence of the services provided to the City, which at a minimum shall [nclude copies of the wrecker selection form signed by the officer at the scene of the police pull andlor personnel afi the Fort Worth Auto Pound. Such invoice shalf be subject to the review and approval of appropriate City �ersonnel. City shall remit payment to Company noi more than thirty {30) days following approval of invoice. 3.3 Comaensation Re�iew. City shall review on an annual basis t�e campensation provided for h�reund�r, with the first such review to be conducted during the month of Augus� 2003. Similar reviews shall occur in August of each succeeding year that this contract is in effect. City shall make adjustm�nts in tf�e compensation based �pon increases or decreases in the cost of doing business, takir�g info considerafion fue[, insurance, labor, and such other costs as may be relevant to the operatian of a towing busir�ess. 4. VEHICLE AND EQUiPMENT REQUIREMENTS Company shall mair�tain at alf times the following vehicles and equipm�nt in working condition: a) A minimum of one (1 } tilt bedlroll bac�C dua[ rear wheel wrecKer rated at not less than 14,000 pounds gross vehicle weight. b) At a minimum, all wrec�Cers shall be equipped with the fol[owing equipment, which at all times shal� be maintained in working order: Tilt Wrecker Page 3 of ! 2 � � , 1) 2} 3} 4) 5) 6) 7) 8) 9) 90) 11) '{ 2) 13} 14) � 5) Tow bar Towing lights Emergency averhead warning lights (red or amber color only) 5afety chain Fire extinguisher, A.B.C. Type Wrecking bar B raom Ax Shovel Reflectars ar traffiic cones Trash container Two way voice or computer communication between tow truck and Company dispatcher Backing warning signals Wheel chocks Traffic cones c) Each wrecker shall have the identifying markings required by the Texas Transporta#ion Co�e, secfior� 642.002. In addition, each wrecker shafl provi�e No#ice of Complaint Procedures to the owner of a�awed vehicle as outlined by the Texas Department of Transportation Rufes and RegUlations as contained in 43 Texas Administrafive Code, Chapter 18, subchapter 18.89, as sam� may be am�nded from time to time. d) Each taw truck and the required equipment shall be inspected by the Chief of Police or his au�horized designee prior to being used for setvices contemplated by this contract. In additian, each tow truck and fhe required �quipment shall be subject fo int�rmittent inspection �o assure complianc� with this cot�tract. Tilt wreckea• I'age 4 of 12 4 � � .'�� INSURANCE REQUIREMENTS Company shall maintain insurance of the fo!{owing types and amounts from insurers acceptab[e to the City: 5.� Commercial General Liaf�ility $500,D00 each occurrence $500,000 aggregate or Garage �.iabiiity $SQO,QQO each accident, other than auta $500,OOQ aggregate 5,2 �►uiomobile Liability � $500,000 each accider�t, com�ined single limit This coverage shall include all vehicles awned or non-owned that are operating under Company's a�eratin� authari�y, 5.3 CargolOnoFlvo� $30,OOQ per �nit Coverage shall include �oth the unit being towed and its contents. Units covered shall incEu�e but not be Iimited to motor vehicles, trailers and boats. Coverage shall be writt�n on a direct primary basis. 5.4 GARAGEKE�P�R'S LIA�ILITY . $30,000 per unit 5.5 Worker's CompensafionlAccident Insurance Coverage shall meet ihe minimum requirements of state [aw as con- tained in the Motnr Carrier Rules and Regulations. 5.F Current insurance certificates shall remain on file with the City during the term ofi this Contract. Insurance coverage may, at the sole discretion of the City, be r�vised upward upon thirty (30) days prior writt�n notice to Company. Palicies shall be endorsed as follows: TiEt VWeecker S Page 5 af 12 r 1 a) The City, its officers, employees and servants shall be endorsed as an additional insured on all policies except employer's liability insurance coverage under tE�e workers' compensation insurance palicy. b) Certifieates of insurance shall be delivered ta the supervisor of the City af Fort Worth Auto Pound, 1301 E. Northside Drive, Fort Wo�th, TX 761 a2, prior to any wark �eing performed un�er this contract. c) Ar�y failure on part of the City to raqUest reqUired insurance documentation shall not constitute a waiver of th� insurance requirements specifi�d h�r�in. d) Each insurance policy shall be endorsed to pravide the City a minimum thirty days notice of cancellatior�, non-renewal, andlor material change in poliey terms or coverage. A ten days notice shall be accepfable in ihe e�ent of non-payment of premium. e} Insurers must be autnarized to do business in #he State of Texas and have a current A.M. Best rating af A: Vll or equivalent measur� of financial strength and so[vency. f} Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless atherwise approved by f�e Gity. g) Other than worker's compensation insurance, in lieu of traditional insurance, City may cor�sider alternative coverage or risk treatment measures through insurance pools or risk refention graups. The City mUst approve in writing any alternative coverage. h} Warkers' compensation insurance policy(s} co�ering employees shall be endorsed with a waiver of subrogatian providing rights of recovery in fiavor of the City. i) City shall not be responsi�le for the dir�cf payment of insurance premium eosts. �) Insurance policies shall each be endorsed to �rovide that such insurance is primary �rotection and any self-funded or commercia� coverage maintained by City s�all not be cailed upon �o cantribute to lass recovery. Tilt Wrcc[cer Page G of l2 � k) Company shall report, in a timely manner, to City's officially designated cantract administrator any known loss occurrence which could give rise to a liabilify claim or lawsuit or which cou[d result in a proper�y loss. I) Company's liability shall not be limited to tY�e specified amaunts of insurance req�ired herein. m) Upon the reques# of City, Company shall provide compfeie copies of all insurance policies required by these confract documents. 5.7 In th� e�ent a state or federal law, rule or regulation pertainin� to wrecker service companies operating within the State of Texas exeeed insurance requirements specified herein, such state or federal law, rule or regulafion shall prevail for the respective type of insurance coverage an�lor limit thereof. � DUTIES AND RESPONSIBfLITIES OF COMPANY Company, during the term of this contract, shall perform the fql�owing duties and have the following responsibilities: _ a) Maintain as iis primary business the towing of vehicles ar trailers by wrcckers meefing the requirements of �aragraphs 4(a) and 4(b) above. "Primary bus�ness" shall mean that Company receives more than fifty per- cent (50%) of it gross revenues from the towing of vehicles and trailers. All of company's records shall be op�n to reasonabf� ins�ection, both at the time af execution af this agreement and at any time during the term h�reof, to ver�fy compliance with this condition. b) Maintain a currently licensed vehicle storage facility located within the carporate limits of the City. "Vehicle storage facility" shall mean a facility operated by a person under Article �687-9a, Revised Statutes. c) Maintain business opera�ion twenty-four (24) hours a day, seven days per week. d) Respond to all cafls contemp�ate� by this confract with[n thirty (30} minutes af notification, except in extraordinary situations where delay is caused by ice, snaw, or other weather related conditions. In the event Company fails ta Tilt Wrecker '� Page 7 al' 12 , , respond as require�, City may notify another wrecker campany an� Company shall nat be enfitled to the compensafion #o which it would F�a�e b��n entitled f�ad it arrived timely. e) Maintain on file with the City tha name of the owner, president or chie� executive officer, business address and telephone nUmber; further Company shall natify the City of any change of ownership, president or chief executi�e officer, or cY�ange of address within five (5) business days of any such change. f) Deliver the moior vehicle being towed to the location within the corporate {imits of City designated by the polic� officer at the scene of the pul1. Delivery shall be made wi#hout delay ar detour. g} Fully cooperate with any investigation conducted by the City regarding complaints agair�st Company, whether or not such camplaints arise out of services contemplated by this Contract. h} Shall not become delinquent in the paymen� of any tax�s due to City. i) Shall not go to any accident scene unless the Company has been called to th� scene by the owner or operator of a v�hicl� or an authorized representativ� of same, or by the City. j) Completely remove al! debris resUlting from any accident to which the Company is responding. Removal of debris sha�l not be cons�dered compl�t� by merely sweeping it to the curblin�. k) Snall not solicit any wrecker business within the corporate limits of City at the scene of a wrecked or disabled �eE�icle, re�ardless of whether the solicitation is for �he purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purehasir�g the �ehicle. I} Shall only employ �ri�ers of tow trucks authoriz�d ta operate same. m)Provide the Polics Pound personnel with an invoic� at #he time the vehicle is delivered to the Auto Pound together with t}�e signed wrecker se[ection form to be provided. TiH Wrecker page S of l2 0. 7. TERMINATION AND SUSPENSION 7.1 This contract may be terminated or suspended by the City fior 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 from the time of notificatian if the Company will be unable to respond within the thirty (30) minutes allotted for a response to a wrecker call. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol andlor d�ugs. d) Permitting a tow truck to be operated by anyon� whose operator's license is s�spended. e) Transferring or assigning any call for service ta any other company f) Any sustained complaint of theft by persannel of Company while acting in their capacity as employees of Company, whether occurring during a police pull or ofiherwise. g} Any sustained complaEnt of threats made by personnel of tY�e Company while acting in their capacity as emplayees of Company made against fhird parties during a police pull or otherwise. h) Failing to compfy with all directions of police p�rsonne! at the scene of a police pull or civilian or police persor�nel at the Police Aufo Pound. Company may request a police supervisor to validate any such direction given. i) Failure to comply with any sta#e or federal faw ar city ordinance related to th� op�ration af a wrecker company. �) Five (5) passes withi� a thirty (3a) day period. Pass in tt�is paragraph shall mean Company �ailing to notify the City of its inability to respond ta a reques# for service as r�quired by paragraph 2 above, r;i� w�•��k�,• 9 Page 9 oP l2 k) Ten (10} passes within a thirty {30) day period. Pass in ihis paragraph shall mean a Company r�otifying the City of its �nability to respond to a request for service as required by paragraph 2 above. I) Viofatian of any rule or regulation contained in Exhibii "A" attached hereto. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (20) days priar to such sus�ension or termination. Company shall have the right to request a hearing before the Chief o� Po�ice or his design�� regarding the intent tfl terminate or suspend for cause by requesting a hearing in writing within five (5} business days after receipt of notice of intent to terminate or suspend. A hearing shall be conducted within fifteen (�5} days of the request for hearing. The Cify, 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 p�riod of time of nat less than six (�) months nor more than twelve {12) months. 7.4 In the event City suspends or terminates this cor�tract for cause, and the cause for such suspensian or termination is determined to be inval'td, Company's sole remedy shall be r�instat�ment of this contract_ Company expressly wai�es any and all rights to mon�tary damages, including but nat limited to actual and puniiive damages, court costs and attorney's fees. 8. INDEMNIFICATION_ With regard to any [iability which migh# arise hereund�r, City and Customer agree that they shal[ �e solely ar�d exclusively lia�Ee for the negligence af its own agents, servants, subcontracfors and employees and that n�ither �arty shaCl look fo the other party to save or hold it harmless for the cor�sequenc�s of arty negligence on t�e part of one of its own agent, servant, subcontractor or employee. Nothing contained herein shall be construed to be a waiver by City o� arty right af protectian thaf it enjoys under applicable State or Federal law. Tilt Wrecker Page ]0 of 12 10 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any porkion hereof to any par�y without the prior written consent of City fhat shall nat be unreasonably withheld. Any such assignmen�, transfer or subletting of this Contract shall be void and shall operate as a termination hereof. �a. ZONES AND ROTATION LIST A. City shafl divide the city into four (4) zones that shall correspond to the faur �4) pa#rol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its principal place of business. B, City shail create a rotation Iist within each af the four (4) zones that will dictate the arder in which wrecker compar�ies are contacted. C. City may request Campany to con�uct a police pul[ with�n any zone, and Company agrees ta use its best effor�s to arrive at the scene of the police pull within thirty (30) minufes. 1 `I . INDEPENDENT CONTRACTOR i is understood and a�reed by the parties hereto that Company snall perform all work and services hereunder as an ind�pendent contractor, and not as an officer, agent, servant or employee of fhe City. Company shall have exclusive cant�ol of and the exclusive right to control the detaifs of the work or service to be performed hereunder, and all persons performing same on behalf of Company, and sha11 �e so[ely responsible for the acfs and omissions of its afficers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine af respondeat superior shall not apply as between the City and Company, its officers, agents, servants, �mployees, contractors and subcontractors, and nathing herein shall be construed as creating a partnership or joint venttare between the parties hereto. �In witness v�hereof, the parties hereto have executed this Cantract on the r da�r of � i �(��t , 20�. � Tilt Wrecker 11 Page 1 l of l2 ATTEST: ,��.���, �Glor' Pearson City Secretary CITY �ORT W(�RTH 1+ �/ ..r. i . f � �ibby V1��son Assistanf City Manager � -� � ,�� ,- � �, , � {, APPROVED AS TO FORII�Q:nr���c$��. �utho�f x�t�on ...''� ':�.�� �-_,.:��,. AND LEGALITY r � �.._�$, I� _ _ - _ .._.., �a�� � Assistant City At�orney ATTEST: Corporate Secretary 1'ilt Wrecker Page 12 of 12 12 Cardinal Wrecker Service lnc. (Company Name) B�f: David Matake, President 1�'� �'� � U;i'� 1�i5V v u�:'� ���r ^�'����Wrrl�SU � �,x}r '��� ��,+1� ����.��� � ���� ����� '�he fw����vi�g r�les �red reg����io�s �vi11 %e fo9ko�ved iby �IL�, Wx•ecker Cos�panies [rpon arrival at �he �4.u�o Pound. 1. TI�e entry gata will not be b�ocked l�y wreckers waitulg to enter ar exii the Auto Paiuld. 2. No wz•ecl�er sllall enter tlZe A�ita Pound with i-�are t1�az�. one {1) perso�loperator, ux�.less authorized by the oia duty slzi#t supe�risor, Tlus will l�e do�e on a case by case ba�is. �. For safety reaso��s, a Car Ca�rier will be requued to off load �lxez� cargo wl�en }�ossiUle. T7.iis sha11 be dete�-min�d by t�ze on d�xty sL2p�r�visor. �4, Inventories should be l�a�ldled iii an expeditious mal�ner when possible, However, Auto �'ound persoiulel are required to da a coinplete and grecise inve�tory of all pro}�ei�y aud vehicies. A specific tin�e fi ame would be impossible to i�stitute. 5. No wrecicer driver/operatar will assist witll a.�y inventory being coucltitcted Uy Auto Potn7d �arso��el. 6. The use of Car Cai-�-iers; extra tirne, extra equip�ent, etc., sha11 be s�.iUj�ct to approval l�y the Wrecicex Ad�.i�inistrator or Aufia Pound Supeivisor. 7. Wrecicer drivers/operatorslowi�ers shall be requir�d tn follow any du•ections ar instZ�uctioiis gi�eii by Auto Pou��d persannel. 8. ViWr�cicez Can��ar�y Owners shall assist ai�d conlply wi�i azzy i�vestigaiion perfon�ed by Alito Po�t��d personnel or tlle Fox� VUorth Police De�ar�nent in regards to tlaeir coinpany, driver, operator and or business without l�.esitation. 9. Violatio�ls af auy af the above 1-ules sliall iae subject to review by the Wrecl�er Adminisirator or Auio Pound Supeivisor. Tlie Auto Poui�d Stit�eivisar ar a l�igher level of coax�nand �ay detennine disciplinary action up ta and i�chiding tennu�afion af contract. �`ity of �o�t �ortli9 T�'exas _ ����r a�r�� �,,�����1 ���,m�����t;�� I�ATE R���R�NCE NUMB�R LOG NAME PAG� 418103 �o� g�,�� 35TOV1l5 1 of 2 SLiBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDDNED VEHICL�S FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended.that the City Cauncif: 1. Authorize contracts for Police Department requested non-consent tawing of wrecked or abandoned uehicles fram muitiple �endors as req�ired by Section 34-� 81 of the Code of the City of Fort Worth (1986), as amended; and 2. Auihorize the contracts to begin April 8, 2003, and expire 5eptembe'r 30, 2043, with opiions to renew for four additional one-year periods; and 3. Adopt the attached su�plemental appro�riation ardinar�ce incr�asing estimat�d rec�ipts and appropriations by $44�,944 in the Genera! Fund �rom a�ailable funds. DISGUSSIQN: Secfiion 34�181 af the Code of the City of Fort Worth (1986), as amended, requi�ed that all po[ice department, non-consent tows, shall be underta�en pursuant to contract, specifically executed between th� City and a wrecker campany. The Public 5afety Committee extensively reviewed the new rates and �nanimously approved this recommendation on March 25, 2003. There are three types of contracts and rates as fo[lows: o Standard taw truc�cs $100 � Tilt bedlrollback taw truc�Cs $12� � Tandem tow trucks $180 Contracts will be exec�a#ed with any vendor desiring to pertorm non-consent tows for the Police Depa�tment, if they meet the contract requirements such as towi�g o�era#ions being th� vet�dors primary business, equipment specifications, Ensurance, and a localEy ficensed storage facility. The fees for services to be prauid�d and assignment ta on� af four zones are the same as contained by City Code. The estimated expendi�ure far these services is $1.8 million per year including the anticipated increase (of $446,944) far the temair�der of ti�e fiscal year bas�d on the revised rates. This increase will be offset by revenue callected as fees. RENEVIIAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at the City's optiat�. This action do�s nat require spe�ific City Council approual provided the City Council , C'ity o� �o�� Wort�i, T'exc�s ���� ��/� �,��1f1�°�( ���1'1�11'�f1y�����f1 DATE REFERENCE NUMBER LOG NAME PAGE 4/8J03 �_� ��,� 35TOWS 2 af 2 suB.�Ecr SUPPLEMENTAL APPROPRIATIDN ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDflNED VEHICL.ES �R�M MIJLTIPL.E VENDORS REQUIRED BY CITY ORD[NANGE FOR THE POLICE DEPARTMENT � has appropriated sufficient funds to satisfy the City"s ab�igation during the renewal term. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that upon approval and completion of the abave recommendations and the adoption of the attached supplemental appropriation ordinance, funds will be ava[la�ale in the current operating budgei, as appropriated, af the General �und. LW:r Submil#ed for City Manager's Of�ce hy: � FUND � ACCOUNT I {to} I GG01 53912Q 6 ] 83 GGD1 462B2�F � 48386 I (from) GGQ1 53912D � 78262 � CEI�TER � AMQUNT 0353403 $446,944.00 0�53403 $4�4fi,944.00 CITY SECRETARY I.tbby Watson OriginAting Department Head: Ralpl� Mcndaza Additional Infarmation Contact: Susan AIanis I APPROVED 04/08/03 0353403 $446,944.00 ORb.# 15517