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HomeMy WebLinkAboutContract 28626,. r ���� ������������� �CJN�'RAC�T � . CONTRACT FOR TOW TRUCK SERVICE (STANDARD SERVICE) WHEREAS, the City of Fort Worth accasionally requires the servic�s of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens af fhe City of Fart Worth, NOW, THEREFORE, KNQW ALL BY THESE PRESENTS: The City of Forr Worth, hereinafter referred to as "City", acting herein by and through I�ibby Watson, if5 duly authorized Assistant City Manager, and Guv Simons W�ecker Service lnc. , hereinafter referred to as "Company", acting herein by and thraugh Brad Cu�p , its duly authorized President , agree as follaws: �. SERVICES City hereby contracts with Company to provide police pull tawing service. As used h�rein, "police pull" shall mean that the Fort Wo�th Police Department has calfed Company from the rotat�on list to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the own�r is rtot present, able or permitfed to drive or to make authorizations. 2. �1� Tne initial term of this contract shall exp[re on Septemb�r 30, 2003. ln additian ta the initial term of this co�tract, there shall be four options to renew for terms of one year each, un[ess earlier terminated as hereinafter provided. Ren�wal shali occur upor� City including in its budge� far the options years sufficient funds to pay for its obligations hereunder and Company providing proaf of insurance to City. � 3. COMPEN5AT14N 3.1 Com�ensation. As campensa#ion far providing the contemplated by this Contract, City agrees to pay Company as follow� . ��c�s ��°� ��v�c����' �r����P �i���. � a) Tawaqe. A charge of One hundred Dollar� ($i00.00} for towing such vehicle from one point on a street to another location within the corporate limifs of the city as directed by the police department at the piace where the tow originated; such charge includes one-half hour of extra work. b} 5ecor�d tow truck. In the event the police officer at the scene �etermines that a second tow truck is required, a charge of One hundred dollars ($10(].a0) per hour, with a minimum charge of on� hour, bill�d in increments of �ifteen (15) minutes while at the scene af the pol�ce pu{I. A pofice supervisor sha�l apprave the use of a second tow truck. Travel time is excluded. c) Extra work. An additiona[ charge of one hundre� dollars ($100.00) per t�our, with a minimum charge of or�e �our, cf�arg�d in increments of fifteen {15} minutes, for removing vehicles that are off fhe street right-af-way, such charge to be made from the time the op�rator begins to remove tf�e vehicle until it is on the traveled por�ion of the str��t. Ev�n though fhe vehicle is within the street right-of-way, an additional charge may be made if ti�e vehicle is locat�d in some unusual condition within the right-of way, such as, but not limited to, a river or a creeK bed or a�itch of greater depth than the ordinary bar ditch. Extra work shall only be allowed wY�er� autharized by a police officer at fi�e scene af the pulL The charges for suc� extra wark shall be reviewed and approved �y the A�ata Pound Wrecicer Administratar. Extra work excludes travel tim�, waiting time and clean-up time. d) Use of a dollv. No additional fee sha[I be charged for the use of a dolly. e) Handling hazardous materials. When the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosi�e materials, as defined by the Environmental Protection Agency, Texas Department of Transportation, or fhe T�xas Commissivn on Environmenta! Qualify, a fee equal to one hundr�d-fifty (150} percenf of the charges which may be assessed pursuanf to subparagraph "a" abo�e. In addition, a charge may be made for exper�ses incurred rela�ed to protecfive clothing and any Standartl Wi•cciccr 2 Page 2 af l2 other s.upplies or equi�ment used in handling such materials, such charge being equal to the actual amounts incur�ed plus fifteen (15) percent. f} Nothing containe� herain shall be construed so as to obligate City to expend any sums af money. Further, nothing contained herein sha[l be construed so as to guarantee to Campany that City will contact Company for any towir�g serriices contem�lated by this Confract. 3.2 Invoicinq and Pavment. Company shall Invoice City once per month. Company shall include with the invoice such documents as may be reasonably requested to pro�id� evidence of the serv�ces provided to the Ci#y, which at a minimum shall include copies of the wrecker selection form signed by the officer af the scene of the palice p�all andlor personnel at the Fort Worth Auto Pound. Such invoice shalf be s�abject to th� review and ap�ro�al of appropriate City �ersonnel. City shall remit payment to Company not more than fhirty (30} days foElowing ap�roval of invoice. 3.3 Compensation Review. City shall review on an annual basis the c�mpensafion pro�ided for hereunder, with the first suc� review to be conducted during the month of August 2003. Similar re�iews shall occur in August of each succe�ding year that this contract is in effect. City shall make adjustments in the compensation based upon increases or decreases in the cost of doing business, taking into consideratian fuel, insurance, labor, an� such ofher costs as may be relevant to �he operafion of a towing business. �4. VEHICLE AND EQUIPM�NT REQUiREMENTS Company shall maintain at all times the following vehicles and equipment in working condition: a} A minimum of two (2) wreckers, one of which shall be nat less than 14,OD0 pounds gross vehicle weight and one of which shall be not less than 10,000 pounds grass vehicle weight, dual rear wheefs, equipped with a hydraulic operat�d winch, winch lines, and a boom rated at not less than 8,000 pound lift capacity and a wheel lift device rated at not less than 2,5a0 pounds. Standard Wrecke�� 3 Page 3 of 12 � r b} At a minimum, all wreckers sF�a{I b� equipped witt� the follawing equi�ment, which at all times shall be maintain�d in working order: 1} 2) 3) 4) 5} 6} 7) 8) 9) 10) �1) 12) 13} 14) Tow bar Towing lights Emergency overh�ad warning fights (red or amber color only) Safety chain Fire extinguisher, A.B.C. Type W recking bar Broom Ax Shovel Reflectars or traffic cones Trash container Two way voice ar computer communication between tow truck an� Company dispatcher Bacicing warning signa! Whe�l chocks c) Each wrecker shall have the identifying markings required by fhe Texas Transportation Ca�e, section 642.002. In addition, each wrecker shall provide Notice of Complaint Prace�ures ta the owner of a towed vehicle as outlined by the Texas Department of Transportation Rules and Regulations as cor�tained in 43 Texas Administrati�e Code, Chapter 18, subchapter 18.89, as same may be amended from time to time. d) Each tow truck and the required equipment shall be inspected by the Chief of Police or his authorized designee p�-ior to being used for services contemplated by this confract. in addifion, each tow truc(c and the required equipment shall be subject to intermittent inspection to assure compliance with this contract. 5tai�dard Wreckea• 4 Page 4 uC 12 � INSURANCE REQUIREMENTS Com�any shali maintain insurance fram insurers acce�table to City of the fallowing types and amounts; 5.1 Commercial General Liability $500,Oa0 each occurrence $500,000 aggregate or Garage �iabi�i#y $500,000 each accident, other than auto $500,000 aggregate 5.2 Automobile Liability $500,Oa0 each accid�nt, combined single limit This coverage shall include all v�hicles own�� or non-owned that are operating under Company`s operating authority. 5.3 CargolOn�Hook $30,000 per unit Coverage shall include both the unit being towed and its contents. Units covered shall include but not be limit�d to motor vehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 CARA��K��F'��'S LIA�1LIiY $30,OQ0 per unit 5.5 Worker's CompensationlAccident Insurance Coverage shall meet th� minimum requirements of state law as con- tained in the Mofor Carrier Rules and Regulations. �.6 Current insurance cerkificates shall remain on file with the City during the term of this Contracf. Insurance coverage may, a# tF�e so�e discretion of the City, �e revised upward upon thirty (30) days prior wri�tert notice to Company. Policies shall be endorsed as follows: Standard Wrecker � I'age 5 of 12 a} The Cify, �ts officers, employees and servanfs sha11 be endorsed as an additional insured pn all policies except emplayer's liability ir�surance coverage under the workers' compensation insurance policy. b) Certificates of insurance sl�all be deli�ered to the supervisor of the Ci#y af Fart Worth Auto Pound, 1301 E. Northside Drive, Fart Worth, TX 76102, prior to any wark being performed �nder fhis contract. c} Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements s�ecified herein. d) Each insurance po{icy shalf be endors�d to provide tl�e City a minimum thirty days notice of cancellation, non-ren�wal, andlor materiaf change in policy terms or coverage. A ten days notice s�all be acceptab[e in the event of non-payment of premium. e) Insurers m�st be authorized to do business in the State of Texas and ha�e a cu�rent A.M. Best rating ofi A: V11 or equivale�t measure of financial strength and solvency. f) Deductible limits, ar self-funded retention fimits, on each policy must not exceed $10,OOQ.00 per occurrence unless oth�rwis� appraved by fhe City. g) Oth�r than worlter's compensation insurance, in lieu of traditianal insurance, City may consider alternative ca�erage or risk treatment measures through insurance pools or risk re#ention groups. The City must.approve in writing any aliernative caverage. h} Workers' compensation insurance policy(s) covering employees shall be endorsed with a waiver of subrogation providing rights af reco�ery in favor of the City. i) Cify shall nat be responsible for the dir�ct payment of insurance premium costs. j} Insurance palicies sha[I each be er�dorsed to provide that such insurance is primary protection and any self-fund�d or commercial co�erage maintained by City shall not be cal[ed upo� to contribufe #o loss reco�ery. Standard Wrecker 6 Pege G of 12 k} Company shall report, in a timely manner, to City's officially desig�ated contract administrator any known loss accurrence which could give ris� to a liability claim or lawsuit or which ca�ld resui# in a property loss. I} Company's liability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Company shall pravide comp{ete co�ies of all insuranee policies required by these contract documents. 5.7 ln the event a stafe or f�deral law, rule or regulation per�aining to wrecker service compani�s operating vuithin fhe State of Texas exceed insurance requirements specified herein, such state or federal law, rule or regulation sha{I prevail forthe respective fype of insurance caverage andlor limit thereof. 6. DUTIES AND RESPONS1BiLITIES OF COMPANY Company, during the term o� this contract, shall perform the fallowing duties an� have the following responsibilities: a} Maintain as its primary business the towing of vehicfes or trailers by wreckers meeting the requirements of paragraphs 4(a) and 4(b) above. "Primary business" shall mean that Company receives more than fifty per-cent (50%} of it gross revenuEs from the towing of vehicles and trailers. All af company's records shall be open to reasanabfe inspec#ion, both af the fime of executio� of this agreement and a� any time during the fierm hereof, ta �erify compliance with this condition. b) Maintain a currently lic�nsed vehicle storage facility located within the corporate limits of the City. "V�hicle storage facility" shalf inean a facility operated by a person licensed under Arkicle 6687-9a, Revised Statufes. c) Mainfain business operation twenty-four (24) hours a day, seven days per week. d) Respond to all calls contemplat�d by this contract within thirty (3Q) minutes of notification, except in extraordinary situatians where delay is caused by ice, snaw or other weather related conditions. in th� �vent Company fails to respond as required, City may notify another wrecker company and Compar�y Standard Wreeker Page 7 of 12 7 s�all not �e entitled to the compensation to which it woufd ha�e been entitled had it arrived timely. e} Maintain an fil� with the City th� name of the owner, president or chief executive offic�r, business address, and telepF�one number; further, Company shall notify the City of any change of ownership, president or chief executive officer, ar change af address within five {5) business days of any such change. f) Deli�er the motor vehicle being towed to the locatian within the corporate limits of City designated by the police afficer at the scene of the pull. Delivery sha[! be made without delay or �etour. g) Fully cooperate with any in�estigation conducted by the City regarding complaints against Company, whether or not such complaints arise out of services contemplate� by tnis Con�ract. h) Shall not become delinquent in the payment of any taxes du� to City. i) Shall not go ta any accident scene unless the Company has been called ta the scene by the owner or operator of a vehicle or an authorized representative of same, or by the City. j} Completely remove all debris resulting from arry accident to which the Company is respondin�. Remo�al of debris shall not be considered complete by merely sweeping it ta the curbline. k) Shall not solicit any wrecker business within the corporate limits of City at the scene of a wrecked or disabled veY�icle, regardless of whether the solicitation is for the �urpose of soliciting th� business of towing, repairing, wrecking, storing, trading, or purchasing the veh�cle. , I) Shall only �mplay drivers of tow trucks aufhorized to operate same. m) Provid�: the Police Pound personnel with an invoice at th� time fhe �ehic[e is d�livered to the Auto Pound together with the signed wrecker selectior� form to be provided. 7. TERMINATION AN� SUSPENSION 7.� This contract may be terminated or suspended by City for any of the following causes: 5fandard Wrecker g Page 8 of 12 a} Viafation of any term andlor condition specified in �his confracf. �) Failure to no�ify fihe Communications Div�sion of the Police Department within fifteen {15} minutes from the time of notification if the Company will be unable to respond within the thirty {34} minutes allott�d for a res�onse #o a call for wrecker service. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol andlor drugs. d) Permitting a tow truck ta b� operated by anyone whose operator's license is suspended. e) Transferring or assigning any call for service #o any other company f) Any sustained compEaint of theft by personnel of Company while acting in t�eir capacity as �mployees of Company, whather occurring during a polic� pull or otnerwise. g) Any sustained complainf of threats made by personnel of the Company wh�le acting in their ca�acity as employees of Company made against thir� parties during a police pul[ or otherwise. h} Failing to comply with all directions of police personnel ai the scene of a pofice pull or civilian employee at the Police Paund. Company may request a po[ice supervisor'ta validate any such direction given. i) Five (5) passes within a thirty (30) day period. Pass in this paragraph shall mean Company failing to notify the City af its inability to respond to a request for service as required by paragraph 2 above. j) Ten (10} passes within a thirty (30} day period. Pass in this paragrapt� shall mean a Company notifying the City of its ina�ility to respond to a reques# for service as required by paragra�h 2 above. k) Violation of any rule or r�gulatian contained in Exhibit "A" attached her�to. I} Failure to comply with any stat� or federal law or city ordinance related to the operation of a wr�cker company. 7.2 City shall notify Campany in writing of its intent to terminate or suspend for cause twenty (20) days prior to such suspension or termination. Company sha[I have tF�e right to request a hearing before the Chief of Police or his designee 3tandard Wreckar I'a�e 9 nf ! 2 9 regarding th� intent to terminate or suspend for cause by requesting a hearing in writing within five {5} business days after receipt of notic� of intenf to terminate or suspen�. A hearing shall be conducted within fifteen (`l5) days of the request for hearing. The City, in its sole discretion, may temporarily suspend this con�ract during any appeals process. 7.3 In t�e event this contract is suspended for cause, the suspension shall be for a period of time o� not Isss than six (6} months nor more than twelve (12) months. 7.4 In the event City suspends or termir�afes this contract for cause, and the cause for such suspension or termination is determine� fo be invalid, Company's sole remedy shall �e reinsta�ement of this contracfi. Company expressly waives any and all �ights to manetary damages, including but nofi limited to actual and punitive damages, court costs and attorney's fees. 8. INDEMNIF1CATlON With regard to any liability which might arise hereunder, City and Company agree that they shall be solely and exclusively liabl� for the negligence of its own agents, servants, subconiractors and employees and that n�:ith�r �arty shall I�ok to the other party to save or hold it harmless for the conseq�aences �f any negligence on the par� of one of its own agent, servant, subcontractor or employee. Nothing confained herein shall be canstrued to be a waiver by City of any right of protection �hat it enjoys under applicable State or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublef this Contracf or any portiort hereof to any parky witho�t the prior written consent of City that shall not be unreasonably withhe[d. Any such assignment, transfer or subletting of this Cantract without the consent of the City s�all be void and shall operat� as a termination hereof. Standard Wrecker 10 Pagc l0 of l2 1 D. ZONES AND ROTATION LIST �0.1 City shall divide the city into faur (4) zones that shal� corr�spond to the four (�) patrol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its principal place of business, 10.2 City shall create a rofation list within each af the four (4) zones that will dictate the order in which wrecker companies are cor�tact�d. 10.3 City may r�ques# Company to conduct a police pull within any zone, and Company agrees to use its best efforts to arrive afi t1�e scene of ihe police tow within thiriy (30) minutes. 1�. INDEPENDENT CONTRACTOR It is understood and agreed �y the parties hereto that Company shall perform all work and services hereunder as an independent contractor, and not as an ofFicer, agent, servant or employee of the City. Company shall have exclusive contral of and the exclusive right to control the details of the work or service to be perFormed hereunder, and a�[ persons performing same on behalf of Company, and shall be solely responsible for the acts a�d omissions of its officers, agents, servants, employees, contractors, subcontractors, licer�sees and in�itees. The dactrine of respondeat su�erior shall not ap�ly as between the City and Company, its officers, agents, servants, �mploy�es, contracfors and subcontractors, and nothing herein shall be construed as creating a par�nership or joint venture between the pariies hereto. 5tand�rd Wrecker 11 Page I I of l2 ! � In wifness whereof, the parfiies hereto have executed this Cor�tract on fhe f��� day of �.t� , 2p Q,� v ATTEST: " �'rir�t/ . �GI ia Pearson City 5ecretary APPROVED AS TO FORM AND LEGALITY �d � Assistan City Attorney ATTEST: Corporate Secretary CITY O�'�RT WORTH By: ' - � ���hhby WaL�on . � Assistant City Manager �� � t --� - � � r ��� �- Con�rac� Authoriz�.tioa f '�� 1 - , � � �a Date Guv Simons Service Inc. (Company Name} W recker By: 1�..�.-� U� • � Brad Culp, President � . � �;;�f��'v �na � � �V 9�� �'_ - - - `��. �'���$�, ���. Standard Wreckei� Page l2 of l2 12 ������ � � ���� ���� Tl�e �'��9o�E�g r�Ies ��d teg�g�ti€��s ►�i�� 6e ffoYBor�v�s� 1�� �,I. �dr��9��� ���apaa�e�s up�� �ra�iv�I �t ti�� flu�o �'�aa� d. l. . The entry gafie will not l�e blociced by wreckers waitrng to eilter ar e�;it tlze Auto P011I1d. 2. No wrecl�er sI�all enfer tlle Auto Pounc� with moxe �iian one {1) persanloperator, UT11�5S a[1�11411Z0C�. �]jJ �I10 Q11 dllt� 5111� SLl}?�1''U150T. This wi�l be daize on a case by e�.se basis. � 3. For safety �-easoizs, a Ca.r Camer wi�l be required ta o�f Ioad tl��ir cargo when �ossible. Tliis s11a11 be deten�ned Uy the oii duty supezvisor. 4, �iiveniories shauld be haaldlcd izl an expeditipu.s ina.iiner whe� possible. However, Auto Pouz�.d persoi�el are required to do a complete and precise iilveutoz�r af alZ proper-ry a.i�d vel�cles. A specific ti�z�� fiazn.e would Ue izlzpossil�l� to instzhite. 5. No wrecker driver/o�,erator wi11 assist with ar�y iz�ventory Uei.ng conducted by AL�to Paz�i�d persoz�nel. b. T17� �rse of Car Ca�.-�i�r�s, exh•a ti�.e, extaa ec�uip�laeut, etc., 5�1�I b�: subject to approval by t�e Wrecicer Administratar or Auto Pound Su�eivisor. 7. V�reclfer d.riversloperatorslowi�ers shall be required to fa�ow a�y dir�ctio��s or i�lstrucfiaizs given Uy Aufo Poi.uid perso�xnel. 8. Wrecicer Com�aa�y Own�rs sltall assist and com�ly with a�Zy investigat�on per�onned by Auio Poxind persoi2n�1 or t�1e For� Worth Police Deparfinent in regards to their campany, dri.ver, operator and or business witb.ot�t I�.esiiation. 9. Violatians of a��y of tlie above �-ules sl�all be subject to review by the WrecIcer Adiaainist�ator or A�ito Pound Supeivisor. The Auto Pound Sup�rvisor or a lug�er Ievel af cor�v.na.i�d inay detennine discipliilasy action up to a11d 'uictuding tei�.luilaiion of contract. C`ity o, f.�'o�t Wortlz� Z'exas ���� ��� ���n��Q �������c����� DATE REFERENCE NUMBER LOG NAME PAGE 418103 �o� 9��� 35TOWS � 1 af 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULT[PLE VENDORS REQUIRED BY CfTY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATiON: �t is recommended that ihe City Council: 1. Authoriz� eontracts .for Police Depar�ment r��uested non-cor�sent tawing of wrec�ed or abandoned �ehicles from mulfiple v��dors as required by Section 34-181 of fhe Code of the City of Fort Worth (�986), as amended; and 2. Authflrize the contracts to begin April 8, 2a03, and expire September 30, 2Q03, with options ta ren�w fior four additional one-year periads; ar�d 3. A�apt the attached supplemental appropriation ardinance increasing estimated receipts and appropriafions by $�}46,944 in the General Furtd from avaifable funds. DlSCUSSION: Section 34-� 81 of the Code of the Gity of Fort Wart� {�1986), as amended, required that all police department, non-consent tows, shall be undertaken pursuant to contract, specifically executed between the City and a wrecker company. Th� Public Safety Committee extensively re�iewed the new rates and unanimausly appro�ed this recommendation on March 25, 20Q3. There are three types ofi contracts and rates as faflows: � Standard taw trucks $100 � Tilt bedlrollback tow trucks $125 � Tandem #ow trucks $180 Contracts wifl be execufed with any vendor desiring ta perform non-consent tows �or the Police Department, if they meet the contract requirements such as towing operations �eing #he vendors primary b�asiness, e�uipment sp�cificatians, insurance, ar�d a lacalfy [icer�sed storage facifity. The fees fvr ser�ices to be prr�vided and assi�nment to ane of four zones are the same as confained by City Code. The estimaied expenditure for these services is $1.8 mi[lion per year incl�ding the anticipated increase (of $446,94�4) for the remainder of the fiscal year �ased on the re�ised rates. Th�s increase will be offset by revenue collected as fees. RENEWAL OPTIONS - TF�ese contracts may be renewed fior up to four successi�e ane-year terms at the City's option. This action does not require specific City Council approual pro�ided the City Cauncil C'ity o��'o�t Wortli, T'exas ���� �n� ��c�n��l ���r�u��ra��t��n DATE REFERENCE NLJMB�Fi � LOG NAME 35TOWS � PAGE . 2 af 2 418103 �y� 9�t�4 susJ�c�r SUPPLEMENTAL APPR�PRIATi4N ORDINANCE AND CONTRACTS FOR NON- CONSENT T�WING OF' WRECKED �R ABANDONED VEH�CLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE PO�ICE DEPARTMENT has appropriated sufficient fiunds to safisfy the City's obligatior� during the renewal tarm. F�SCA� INFORMATION/CERTIFICATION: The Finance ❑irector certifEes that upon approval arid com�letion of the abo�e �ecommendaiions and the ado�tion of tha atfached supplementa[ apprapriation ordinance, funds will b� a�ailable in the current operating budget, as appropriaied, of the General Fund. LW:r Submitted far City Mao�ger's �ffice by: Libby Walson Originating Dep�rtmant Head: Ra[ph Mendoza Additional In�'ormafion Cantact: Susan Alanis � RUND I ACCOIII�T I CENT�R � (to) � GGO'I 539'{ 2Q 0353403 G183 I GG01 462624 D353403 48386 I (fi'om) IGGa1 539120 03534Q3 � �82�z � � � AmauNr $446,9�44.00 $446,944.00 $446,944.00 CITY S�CRETARY APPROVED 44/481Q3 ORD.# 1551'1