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HomeMy WebLinkAboutContract 28624�I�'Y ��CR��'Af�Y �r CON�R�ci �!p , � � �`� , CONTRACT FOR TOW TRUCK SERVICE (TILT BEDIROLL BACK} WHEREAS, the City of Fart Worth occasionally requEres the services of fow trucks; and 11VHEREAS, such tow truck servEces are nec�ssary to protect the safety of the citizens of th� City of Fort Worth, � NOW, THEREF�RE, KNOW ALL BY THESE PRESENTS: The City of Fort Warth, hereinafter refer�ed ta as "City", acting herein by and fhro�gh Libby Watson, its duly authorized Assistant City Manager, and G3M Incorporated d�a Nartheast Wrecker Service, hereinafter referred to as "Company", acting herein by artd through Alfred Gaber, its duly authorized President, agree as f�llaws: 1. SERVICES City hereby contracts wEth Company to provide pol�ce pull tawing s�rvice. As used herein, "�olice pull" shall mean that ft�e Fort Worth Police Depar�ment has called Company from the rotation list to either remove a wrecked or disable� vehicle or to remove a vehicle in a safe driv�ng condition, but the ow�er is not pres�nt, abl� or permitted ta drive ar to make authorizations. 2. TERM The initial term of this contract shal[ expire on September 30, 2003. In addition to the inifiial ferm of this contract, there shall be four options to renew for terms of ane year each, unless earlier terminated as hereinafter provided. Renewal shall occUr upon City including in ifs budget for the options years sufficient funds ta pay for its obligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.1 Campensation. As compensation far praviding h,e ��,rvi�e� ,J contemplated by this Contract, City agrees to pay Company as foll w� ��� °���. ��, a) Towaqe. A charge of one hundred twenty five dollars ($125.Q0} for towing such v�hicl� from one point on a street to anather location within the corporate limits of ti�e city as dir�ct�d by the police offiicer at the place where the tow originated; such charge includes one-half hour of Extra Work. In the evenf Company res�onds to the scene of a police pulf with a tilt bedlroll �ack truck when the pofice pull could have been accomplished with a standard tow truck, Company si�all be entit{ed to the reduced charge of One hundred doflars ($100.00). b) S�cond tow vehicle. In the event the police officer at the scene determines that a standard tow vehicle is required in addition to the tilt bedlroll back fruck, a charge of One hundred Dollars ($10D.D0} per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at fhe scene of the police pull. A police supervisor shall approve the us� of a second tow truck. Travel time is excluded. c) Extra wark. An additional charge of One hundr�d dollars ($100.a0} p�r hour, with a minimum charge af one hour, charged in increm�nts of fifteen (� 5} minut�s, for removing vehicl�s that are off the street right-of-vday, such charge to be made from the time the operator begins to remove the vehicle unt�l it is on the traveled portion of the street. Even though the vehicle is within the street right-of-way, ar� additior�af charge may be made if the vehicle is located in sam� unusual condition within the right-of-way, such as, but not limited to, a river or a creak bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall on[y be allowed when authorized by a police officer at the scene af the �ull. The charges for such extra wark shall be reviewed and approved by the Auto Pour�d Wrecker Administrator. E�ra work excludes travel time, waiting time, and clean-up time. d) Handlinq hazar�ous materials. When fhe cargo of any motor vehicle or trailer inclu�es explosive, nuclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Pratection Agency, Texas Department af Transporfation, or the Texas Commission on �nvironmental Quafify, a fee equaf to one hundred-fifty (150) percent of the charges Tilt Wrecker Z Pagc 2 af l2 permitted under subparagrap� "a" abo�e. In addition, a charge may be made for expenses incurred related ta prateciive clothing and any other supplies or equipment used in handling such materials, such cnarge bein� e�ual to the actuaE amounfs incurred plus fifteen (15) percent. e) Nothing contained herein shall be construed so as to obligate City to expend any sums of mar�ey except for work actually performed. F'urther, nothing contained herein s�all be canstrued so as to guarantee that City wi[I contact Company for any towing service contemplated by this Contract. 3.2 Invoici�q and Pavment. Company shal� Invoic� City once per month. Company sha[I include with the invaice such documents as may be reasanably requested to provide evidence of the services provided to the City, w�ich a# a minimum shall include co�ies af the wrecker s�l�ction form signed by the officer at the scene of the police pull andlar personnel at the Fort Workh Auto Pound. Such invoice shall be subject to the review and approval of appropriafe City personnel. City shafl remit payme�t to Com�any not mor� than thirky (30) days fflllowi�g approval of invoice_ 3.3 Compensation R�vi�w. City shall re�iew vn an annua� basis the comp�nsation provided for hereunder, wift� the first s�ch re�iew to be conducted durin� the month of August 2003. Similar reviews shall accur in August of each succeec�ing year that this confract is in effect. City shall make adjustments in ihe comp�nsation based upon increases or decreases in the cast of doing business, taking into consideration fuei, insurance, labor, and such other costs as may b� relevant to the operation of a fow3ng business. 4. VEHICLE AND EQUIPMENT R.EQUIREMENTS Company shall maintain at all times the fallowing vehicles and equipmenf in wor€cing condition: a) A minimum of one (1) tilt bedlroll back dual rear whee� wrecker rated at not less than i4,000 pounds gross vehicle weight. b} At a minimum, all wreckers shall be equipped with the fo[lawing equipment, which at a[I times shafl be maintained in working ard�r: Tilc 1Wrecker � Page 3 of 12 �� 2) 3) 4) 5} 6} 7} 8} 9) 10) 1�) � 2) 13) �4) 15) Tow bar Towing lights Emergency overhead warning lights (red or amber calor only) Safe�y chain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shavel . Reflectors or traffic canes Trash contair�er Two way voice or compUter communication between tow truck and Company dispatcher Backing warnir�g signals Wheel chocks Traffic cones c) Each wrecker shall have the identifying markings required by the Texas Transportation Code, section �42.QQ2. In addition, eaci� wrecker shall provide Notice of Complaint Procedures to fhe owner of a towed vehicle as outlined by the Texas Department of Transportation Rules and Regulations as contain�d in 43 Taxas Administrative Code, Cha�ter 18, subchapfer 18.89, as same may be amended from time fa time. d) Each tow truck and th� reauired equipment shall be inspected by the Chief of Police or his authorized design�e prior to being used for services contemplated by this contract. In addition, each tow truck and tha re�uired eqt�ipmertt shall be subject ta intermittent insp�ction to assure compliance witF� this confract. 7'i1t Wrecker Page 4 ot� 12 � 5. INSURANCE REQUIREMENTS Company shall maintai� insurance of the following types and amounts from insurers acceptable to the City: 5.1 Commercial General Liability $50Q,000 each occurrence $500,000 aggregate or Garage Liability $500,000 each accident, ather than auto $500,000 aggregate 5.2 poutomobile Liability $504,000 each acci�ent, combined single limit This coverage �ha[l include all vehicles owned ar nan-owned fhat are operating und�r Company's operating authority. 5.3 Cargol�n�Hook $3D,OOD per unit Coverage shall includ� both tha unit being towed and its contents. Units covered shall include but not b� limited fo motor �ehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 GARAGEK�EP�R'S LIA�[LI�'Y $30,000 per unit 5.5 Worker's CompensationlA�cident Insurance Coverage shall meet the minimum requiremenis of state law as con- tained in the Motor Carrier Rules and Regulations. 5.6 Current insurance certificates shall remain on file with the City during the ferm of this Contract. Insurance coverage may, at the sole discrefion of the City, be revised upward upo� thirty {3�) days prior written notice to Company. Policies shall be endorsed as follaws: Tilt Wrccker Page 5 oi l2 5 a) The City, its officers, �mployees and servants shall be endorsed as an additional insured on all palicies except employer's liability insurance coverage under the warkers' compensafion insurance pa[icy. b) Certificates of ins�rance shall be delivered to the supervisor of the City of Fori Worth Auto Pound, 1301 E. Nar�hside Drive, Fort Worth, TX 761Q2, prior to any work being performed under this confract. c) Any faifure on park of the City to request requ[red insurance documentation shall not constitufe a waiver of the insurance requ�rements specified herein. d) Each insurance policy shall be endarsed ta provide tE�e City a minimum thirty days notice of cance[latian, non-renewal, an�Ior material change ir� policy terms or coverage. A ten days notice shall be acceptable in the eveni of non-payment of premium. e) Insurers must be authorized to do business in the State of Texas an� have a current A.M. Best rating of A: VII or �quiva[ent measure of financial sfirength and sc�lvency. f) ❑eductible lim�ts, or self-funded reten#ion limits, on each pol�cy musf not exceed $� Q,D00.00 per occurrence unless otherwise approved by the City. g) Ot�er than worker's compensation insurance, in lieu of �raditiona[ insurance, City may consider alternative c�verage or risk treatment measures through insurance poals or risk retention groups. The City mus# approve in writing any alternative coverage. h} Workers' compensation insurance policy(s} covering em�loyees shall be endorsed with a waiver of subrogation providing righ#s of recavery in fiavor of the City. i) City sha11 not be responsible for the direct payment of insurance premium GOStS. j} lnsurance palicies shall each be endarsed to provide that such insurance is primary protection and any self-funded ar cammerc�al caverage maintained by City shall nat be called Upon to car��ribu#e to loss recovery. Tilt Wrecker Page 6 of l2 � k} Company shail report, in a timely manner, to City's officially designafied contract administrator any know� loss occurrence which cauld give rise to a liabilify claim or lawsuit or which coUld result in a prope�ty loss, I) Company's liability shall not be limited to the specified amounts of insurance reyuired herein. m} Upon the request of City, Company shall provide complete eopies of all insurance policies required by these contract dacuments. 5.7 In the event a state or federal law, rule or regulation p�rtaining �o wrecker service companies operating wi�hin the State of Texas exceed insurance r�quir�ments s�eci�ed herein, such state or federal law, rule or regulation sY�all pr�vail for the respective type of insurance coverage andlor limit thereof. 5. Dl1TIES AND RESPONSIBILITIES OF COMPANY Company, during the ferm of this contract, shall �erform the following duties ar�d have the fallowing responsibilities: a} Maintain as its primary business fhe towing ofi �ehicles or trailers by wreckers meeting the requirements of paragraphs 4(a) and 4(b) abo�e. "Primary business" shalf inean that Company recei�es more than fifty per- cent (50%) of it gross revenues from the towing of vehieles and trailers. All of company's records shall �e open ta reasonable inspectian, both at the time of execution of this agre�me�t and at any time during the term hereof, fo verify compliance with this condition. �) Maintain a currently licensed vehicle storage facility located within th� cor�orate limits of the City. "Vehicl� storage facility" shall mean a facilify operated by a person under Article Gf87�9a, Revis�d Statufes. c} Maintain business operation twenty-four {24} hours a day, s�ven days per week. d) Respond to all calls contemp[at�d by this contracf witnin thirty {30) minutes of notification, except in extraordinary situatians wh�re delay is caused by ice, snaw, or ather weather related conditions. In the evenf Campany fails to �r;it w�-e����- 7 Puge7nl'l2 respond as required, City may notify another wrecker com�any and Company shall not be e�titled to the compensation to which it would have been entitled had it arrived timely. e) Maintain on file with tne City the name of the owner, president or chief executiv� offic�r, business address an� talephone number; further Company shall notify the City of any change of ownership, president ar chief executive officer, or change of address within five (5} husiness days of any such change. f) Deliver the motor vehicle being towe� ta the lacatian with�n the corporate limits of City designated by the police officer at the scene of the pull. Delivery shall be made without delay or de�oUr. g) Fully cooperate with any ir�vestigation conducted by the City regarding complaints against Company, whether ar not such complaints arise aut of services contemplated by this Contract. h) Shall not b�comE delinquent in the payment o� any taxes due to City. i) Shall not go to any accident scene un[ess the Company has been cafled to the scen�; by ihe owne� or operator of a vehicle or an autharized r�presentative of same, or by the City, j) Compfefely remove a[] debris resulting from any accident to which fhe Company is responding. Removat of debris shall nof be considered complete by merely sweeping it to the curbline. k) Shall not solicit any wrecl�er business within the corPora#e [imits af City at the scene of a wrecked or disabled vehicle, regardless af whether the solicitation is for the purpose of soliciiing the bu�iness of towing, repairing, wrecking, storing, trading, or purchasing the Wehicle. [) 5hall anly employ drivers of tow trucks autharized ta aperate sam�. m)Provide the Palice Pound personn�l wifh an in�oice at the fime the vehicle is de[ivered to the Auto Pound tog�ther with the signed wrecker selection form ta be provided. Ti1t W�rockcr Page 8 ot� ] 2 � 7. TERMINATION AND SUSPENSI4N 7.1 This contract may be terminated or suspended by the City for any of the following causes: a) Violatian ot any term or condition specified in this contract. b} Failure to notify #he Communications Division of the Police Department within fifteen (�5} minutes from the time of notification if the Company will be unable to respond within the thirty (3a) minutes allotted for a response to a wrecker ca[l. c) Permitting a tow truck fo be operated by anyone while under fhe influence of alcohol andlor drugs. d) Permitting a tow truck to be operated �y anyone whose operatar's license is suspended. e) Transferring or assigning any call for service to any other company f) Any sustained complaint of theft by personnel of Company while acting in thei� capacity as employees of Company9 whether occ�rring �uring a police pull or otherwise. g) Any sustained complaint of thr�ats mad� by personnel of the Company whil� acfing in their capacity as employees af Company made against third par�ies during a police pu1[ or otherwise. h) Failing ta comply with all �irec�ions of police p�rsor�n�l at the scene of a police pull or civilian or police personnel at fhe Police Auto Po�nd. Company may request a police sUpervisor to validate any s�ch direction given. i) Failure to comply with any sfat� or federal [aw or city ordinance related to the operation of a wrecker company. j) Fiv� (5) passes within a fhirty (30) day period. Pass in this paragraph sha�l m�an Company failing to notify the City of its inability to respond ta a request for service as required by paragraph 2 above. T'ilt Wrecl<cr C� Pi:ge 9 al' I Z 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 paragraph 2 above. f) Violatian of any rul� or regulatian contained in Exhibit "A" atta�hed hereto. 7,2 City shall notify Company in writing of its intent to terminate or suspend for cause twenfy (20) days prior to such suspension ar termination. Company shall have the righf tn request a hearing before the Chief ofi Palice or his designee regarding �he intent to terminate ar suspend for cause by requesting a hearing in writing within five (5) business days after receipt af notice of intenf to terminate or s�spend. A hearing shall be conducted within fifteen (15) days of the request for hearing. The City, in �ts sole discretion, may temporarily suspend this contract d�ring any appeals process. 7.3 In the event this contract is suspended for cause, th� suspension shall be far a period of time of not less than six (6) months nor more than twelve (12) months. 7.4 In the event City susp�nds or t�rminaf�s this contract for cause, and the cause for such suspension or fermination is det�rmined fo be inva[id, Company"s sole r�medy shall be reinstatement of this contract. Company expressly waives any and all rights to monetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees, 8. INDEMNIFICATION With regard to any �iability which might arise hereunder, City and Customer agree that they shall be solely and exclusively liable for the negli�ence ofi its own agents, servants, subcontractors and employees and that neither par�y shall look to the other party to save or hold it h�rmless far the consequer�ces of any negligence on the �art of one of its own agent, servanf, su�contractor or emplayee. Nothing contained her�in shall be construed to be a waiv�r by City of any right of protection triat it enjoys under applicable State or Federal [aw. 7'ilt Wreclaer n�p� i a or i z ia � ASSIGNMENT Company shall not assign, transf�r or sublet this Confract or any portion h�r�o� to any parky without the prior written consent of City that shall nofi be ur�reasonably withheld. Any such assignment, transfer or subletting of this Contract shall be void and sha�l operate as a termination hereof. 10. Z�NES AND ROTATION LIST A. City shall divide th� city into four {4} zones that shaf� correspond to the four {4} patrol divisions. Company shall be assigned to tY�e zone or an adjacen# zone in which it mai�tains its principal place of business. B. City shall create a rotation list wit�in each of the four (4} zones that will dictate the order in which wrecker companies are contact�d. C. City may request Com�any to conduct a police pull within any zone, and Company agrees to use its best effor�s ta arrive at the scene of the police pull within thirty (30} minutes. 11. INDEPENDENT CQNTRACTOR [t is understaad and agreed by the parties hereto that Company shall pe�form all work and services hereunder as an inde�endent contractor, and �ot as an officer, agent, s�rvant o� employee of t�e City. Company shall have exclusive control of and the exclusive right to control .the details of the work or service to be performed hereunder, and all persons performing same on behalf of Company, and shall be soleEy responsibfe for the acts and omissions ofi its officers, agents, servants, emp[oyees, contractors, subcontractars, licensees and invit�es. The doctrine of respondeat superior shall not ap�ly as b�tween the City and Company, its officers, agents, servants, emplayees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint ver�ture b�tw�en the parties hereto. In witness whereof, the parties hereto have executed this Contract on the ���� day of , 2Q� �filt Wrecke3- 11 Pagc I I of t 2 � ATTEST: � �� � lor' Pearson City Secretary APPRC?VED AS TO FORM AND LEGALITY � Assistant C� Attorney ATTEST: Corporate Secretary Tac w�-�Gk��� Page lz of l2 CITY O��ORT WOf�TH , , � BY� � — � _��.. -�ibby Vl���t`son Assistant City Manager �; `�� + " � � � ``� '7 . Cantrac� �,uthor �z�tion � ! � � � d l e � 4 � ' -� Dc��� .,, _ — --_.., __,. . G3M lncor�orated dba Northeast Wrecker Service (Company Name) � /�� gy�— �a Alfred Gaber, ide�t 'v����1.��4�i�4 y,°�1��,-=�Jd:i� � �(.�� f ' ��'� �. - —- 12 � ���� � � � ���� ���� Tl�e f��dor�i�g �-aales ��i� t eg�l���o�.s rv�ll be �'oliovved b� �.]L�, ��rec�ea� �ognpa�zies upon ar�•ival at t�e AUto Pound. 1. The ei�try gate will ilot be blocked by wrecicers waiiing to enter or exit the Auto POLlllCI, 2. No wrecicer shall enter tlze Atito Pound with moze tha� oi�e (1) personloperator, t�nless authorized by tl�e on dnty shift supervisor. This will be done on a case ]�y case basis. 3. For safety reasons, a Ca�.• Can-ier wzll be required to aff load tl3eir caxgo wIzen possibl�. Tl�zs sha11 be determiz�ed by tlie on duty sLtpeivisor. 4. Inveiiiaries sho«Id Ue handled in an expeditious manner when passible. However, Auta Potuld perso�uzel are required to do a complete and precise inve�tory of all propei-�y anc� vel�icles. A sp�citzc tinia frama wolrid be impossibie io z�istitute. � 5. No vtrirecicer da-iverloperatar will assist wit�i �iy inventory beiz�.g conducted by Auto Po�.uzd persor�lel. b. The'use of Car Ca�t�7ars, exi�-a time, extra equipment, etc., sl�a�l i�e sui�ject to approval Uy �11e Wrecl�er AdmuustratQr or Auto Pound SLipervisor. 7. Wrecker drivers/operators/own:ers shall �e requzred to follow axay �.irec�ians or iz�structions give�l Uy Auto �o�id personnel. 8. Wreeker Company Owners s1�aI1 assist aild comply witli any investigation perfoil�7ed by Auto Pound �ersomlel or tl�e Fort Worth Polzce Departm�nt in regards to theu company, dri.ver, operator and or business without hesitafion. 9. Violatioi�s of a��y af tlze above ntles sl�ail Ue subject to xe�iew by tl�e Wrecker Administrator or Auto Pound Supervisor. Tlie Auio Pottnd Supervisor or a l�zigl�er leveI of conunaud lnay deterix�ine disciplinary action �ip to and ixzcludi�lg teiminatioz� of contract. City o, f'Fort Wo�tlz, T'exas �y�� �r�� ���rfc�[ ����u�������� DATE REFERENCE NUMBER LOG NAME 4/81Q3 �4� 95��, 35TOWS PAG E 1 of 2 suBJEc� SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRAGTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORD[NANCE F�R THE POLiCE DEPARTMENT R�C�MMENDATION: It is recammended that the Gity C�v�cil: 1. Authorize canteacts for Police Department requested non-conseni towing af wrecked or abandoned vehicles from multiple vendors as required by Sectian 34-181 afi t�e Code of the City of Fort Worth (1986), as amended; and 2. Authorize th� cantracts to begin April 8, 20Q3, and expire September 30, 2003, with options to renew for faur additiona[ one-year periods; and 3. Adflpt the aftached supplemental appropriation ordinance increasing estimated receipts and appropriations by $446,944 in the Generai Fund fram available funds. DfSGUSSION: 5e�tion 34-181 of the Code af the Gity of Fort Worth (99$Fi), as amended, required that all police department, nan-cons�nt fiows, shali be undertaken pursuant to cflntract, specifica�ly executed between the City and a wrecker company. The Pub[ic Safety Comm�t�ee extensi��ly re�iewed the new ra�es and unanimously appraved this recommendatian on March 25, 2QQ3. There are three types af contracts and rates as fallows: o Sfandard tow #rucks � Tilf bedlroliback tow trucks � Tandem tow trucks $100 $125 $180 Contracts wilf be executed with any vendar desiring to perfarm non-consent tows for fh� Police Depa�tmertt, if they meet the contract requirements such as towing operations being the vendors primary business, equipment specifications, insurance, and a Gocalfy licensed storage facility. The fees for services to be provided and assignment to one of four zones are the same as contained �y Cify Code. The estimated expendit�re for these s�rvices is $�.S millio� per y�ar inciuding the anticipated increase (a'f $446,944} for the r�mair�der of the fiscal year based or� the revised rates. This increase wil! be offset by r��enue collected as fees. RENEWAL OPTIONS - These cor�iracts may be renewed for up to four successive ane-year terms at the Cifiy's optian. This action does r�at require specffic City Council approvaf provided the Ciiy Councif Caty o� �'o�t Wa�ili, T'exas �y�� ��� �,�ar�c�l ���mu�������� ❑AT� REF�R�NCE NUMBER I LOG NAME 35TOW5 PAGE Z af 2 4I8/03 ��'� ���� sue��cT SUPPL�MENTA� APPROF'RIATION ORDINANCE AND CONTRAC7S FOR NON- CONSENT TOWING �F WRECKED OR ABANDOIVED VEHiC�ES FRaM MULTlPLE VENDORS REQUIRED BY C1TY ORDINANC� FOR THE POLICE DEPARTMENT has apprapriated sufficient funds to saf�sfiy the City's ob�igation during tF�e reneuval term. FISCAL 1NFORMATIONICERTI�'ICATION: The Finance Dir�ctor certifies that upon appro�af and completion of the abo�e recommendations and the adoption af the attached supplemental appropriation ordinance, funds will be a�aElable in the current aperating budget, as appropriated, af the Generaf Fund. LW:r Submitted for City Mana�er's oef�� uy: I FUND I ACCOUNT � C��fT�R � (ta) I GG01 53992fl 0353403 6183 � GG01 462624 0353403 I AMOUN'r CITY SECAETAIiY Libby Watson Originating Department Head: Ralpl� Mendaza Additional Infarmation Contaet: Susan Alanis 48386 I (fron3) GG01 539120 0353403 � 78262 � $�}46,944.aQ $446,944.00 � APPROVED 04/08/03 $446,944.D0 � QRD.# 15517