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HomeMy WebLinkAboutContract 28631� y . _ - - - - - - _ ._ ; - - - CIiY ���R��'ARY CONTRACT FOR TOW TRUCK SERVIC��N��'4G� �•��� �� — {STANDARD SERVICE) V17HEREAS, the City af Fort Worth occasionally requires the services of tow trucks; and WHEREAS, such tpw truck services are nec�ssary to protect the safety of the citizens of the City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: Th� City of �ort Wor�h, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Wootens Wr�cker & Automotive Seivice Inc., hereinafter referred to as "Company", acting herein by and through Randv Woo#ert, its duly authorized President, agree as follows: 1. SERVlCES City hereby contracts with Company to provide police pull towing service. As �ased herein, "police pull" shall mean that the Fort Worth Police Department has called Company from the rotation list to eith.er remove a wrecked or disabled �ehicle ar to remove a vehicl� in a safie driving conditian, but the owner is not present, able or permifted to drive or to make authorizations. 2. TERM The initial term of this contract shall �xpire on 5�ptember 30, 2003. 1n addition to the initial term 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 its budgef far fhe optians years sufficient funds to pay for its o�ligations hereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.1 Compensation. As compensation for pro�iding th�. �pr��, contemplated by #his Contract, City agrees to pay Company as follo�v� �• ���'� y� u�����=ti�� � ��, ��''��'V�� �'��e r , a) Towaqe. A charge of One hundred Dollars ($100.00) for towing such vehicle from one point on a street to another [ocation within the corporate limits of the city as directed by the poiice department at the place where the tow originated; such charge includes one-haff hour of extra work. b) Second tow truck. In the event the police officer at th� scene determines that a second tow truck is required, a charge of One hundre� do[lars ($900.00) per haur, wit�t a minimum charge of one hour, billed in increments of fifteen (15} minutes while at the scene of the police pull. A palice supervisor shal[ appro�e the use of a second tow truc�C. Travel time is excluded. c) Extra work. An additional charge of one hundred dollars ($100.00) per hour, witY� a minimum charge af or�e haur, charged in increments of fifteen (15) minutes9 fior removir�g vehicles that are off the stree# right-of-way, such charge ta be made from the time the operator begins to remove the vehicle until it is on the traveled portion of the street. Even though the vehicEe is within the streef right-of-way, an additional charge may be made if the vehicle is located in some unusual condition within the rigi�t-af-way, such as, but not limited to, a river or a creek bed or a ditch of greater depth than the ordi�ary bar difch. Exfra work shall only be aliowed w�en authorized by a police officer at the scene of the pull.. The charges for such �xtra work shall be reviewed and approved by the Auto Pound Wrecker Administrator. Extra work excludes travel time, waiting time and clean-up #ime. d) Use of a dolly. No additional fee shall be charged for the use of a dolly. e) Handlinq hazardous materEals, When fhe cargo of any motor vehicle or trailer ir�cludes �xplosive, nuclear, radioacti�e, hazardous or corrosive materials, as defined by the Enviranmental Protection Agency, Texas Department of Transportation, or the Texas Commission on Environmental Quality, a fee �qual to o�e hundred-fifty (150) percenf of the charges which may be assessed pursuant ta subparagraph "a" above. In addifion, a charge may be made for expenses incurred related to protective clothing and any Stand�rd 1�rc:cker 2 Page 2 of 12 � , other supplies or equipment used in handling such materials, such charge being equal to the actual amounts incurred plus fifteen (15) pe�cent. f} Nothing contain�d herein shall be cor�strued so as to obligate Cify to expend any sums of money. Further, nothing cantained herein sha11 be construed so as to guaranfee to Company that City will contact Company for any towing services contemplat�d by this Contract. 3.2 Invo�cinq and Pavment. Comparty shall Invoice City once �er month. Company shal! include with the invoic� such documents as may be reasonably requested to pro�ide evidence of the services provided to the City, which at a minimum shal! include copies of the wrecker selection form sign�d by the officer at the scene of the police pull andlor personnef at the Fort Worth Aufa Pound. Such invoice shall be subject to the review and a�proval of appropriate City personnel. City shall remit paymenf to Company not more than thirky (30) days following approval ofi invoice. 3.3 Compensation Review. City shall revi�w on an annua! basis the com�ensatian pro�ided for hereunder, with the firsf such review fa be conducted during fhe month of August 20Q3. 5imilar re�iews shall occur in August of each succeeding year that this contract �s in effect. City shall make adjustments in the campensation based upon increases or deereases in ihe cost of doing b�siness, taking into consideration fuel, insurance, [abor, and such other cosfs as may be relevant to the aperation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the �ollowing vehicles and equipment in working condition: a) A minimum of two (2} wreckers, one of which shal{ be not less than 14,000 pounds gross vei�icle weignt and one of which shall be no� less than 10,000 pounds gross vehicle weight, duaf rear wheels, equipped with a hydraulic operated winch, winch lines, and a boom rated at no# less than 8,000 pound lift capacity and a wheel lift device rated at not less fhan 2,5Q0 pounds. Standard Wreeker 3 Page 3 of 12 r b} At a minimum, all wreckers shall be equipped with the following equipment, which at a!I times shalf be maintained in working order: 1) 2) 3} 4) �) 6) 7) 8) 9) 10) ��) 12) 13) 14) Tow bar Towing lights Emergency overhead warning lights �red or amber color only) Safety ehain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shavel Reflectors or traffic cones Trash container Two way voice or computer communication between tow truck and Campany dispatcher Backing warning signal Wheel chocks c} Each wrecker shall have the identifying markings required by �he Texas Transportation Code, section 642.Oa2. 1n ad�ition, each wrecker shall provide Notice ofi Complaint Proc�dures fo the awner of a towed �ehicle as outlined by the Texas Department of Transportation Rules and Regt�lations as contained in 43 Texas Administrati�e Code, Chapter 18, s�bchapter 18.89, a� same may be amended from time ta time. d} Each tow truck and the require� equipment shall be inspected by the Chiefi of Police or his authorized designee prior to being used for 5@I'VIC@S contemplated by this contract. In additior�, each tow truck and the required �quipm�nt shall be subject to intermittent inspection �o assure compliance with this contract. Stai�dard Wrecker q, Page 4 of 12 r � �] . INS�RANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to City of the following types and amounts: 5.1 Commercial Ge�eral Liabi�ity $500,000 each occurrence $500,Q00 aggregate or Garage Liability $500,oaa �a�r, ����a�nt, other fihan auto $500,000 aggregate 5.2 Automobrle Liala'rlity $SQQ,�00 �ach accident, com�ir�ed sing[e limit This coverage shall inclu�e all vehic�es owned or non-own�d that are operating under Company's operafing authority. 5.3 CargalOneHoo�t $30,OQ0 per unit Coverage shall include both the unit being towed and its contents. Units covered sha{l include but not be limited to motor venicles, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 G�RAG�KEEPER'S �lA�l�1TY $30,�00 per unit 5.5 Worker's CompensationlAccident Insurance Coverag� shall meet the minimum reguirements of state law as con- tained in th� Motor Carrier Rules and Regulations. 5.6 Current insurance certificates shall remain on file with th� City during the term of this Contract. Insurance coverage may, at the sole discretian of the City, be revised �tpward upon thirty (30) days priar written notice ta Campany. Policies shall be �;�dorsed as foflows: Standard Wrecker 5 Page 5 of 12 , a} The City, its officers, empfoyees and servants shall be endor�sed as an additional insured on all policies exc�pf employer's liability insurance coverage under the workers' compensation insurance policy. b) Certificates of insurance shall be delivered to the s�pervisor of tne City of Fort Workh Auto Poun�, 13D1 E. Northside Drive, Fort Worth, TX 761 a2, prior to any work being performed under this cantract. c) Any failure on part of the Ci#y to request required insurance documentation shall nof constitute a waiver ofi the insurance requir�ments specified herein. d} Each insurance policy shall be endorsed to provide fhe City a minimum fnirty days notice of cancellation, non-renewal, andlor material change in policy terms ar coverage. A ten days�notice shal[ be acceptabfe in tne event of non-paymen� of premium. e) Insurers must be authorize� to do business in the State of Tsxas and have a current A.M. Best rating of A: Vlf or equivalent measure of financial strength and solvency. f} Deductible limi#s, or self-funded retention limits, on each policy musf nof exceed $� O,OOO,OD per occurrence unless otherwise approved by the City. g) Othe� �han worlcer's com�ensation insurance, in lieu of tra�itional insurance, City may consider alternative coverage or risk tr�atment measures through insurance pools or risk retention groups. The City must approv� in writing any alternafive coverage. h) Workers' com�ensation insurance palicy(s) co�ering employees sE�afl be endorsed with a wai�er of subrogation providing rights of recovery in favor of the City. i} City snall not be responsible for the direct payment of insurance premium costs. j) Insurance palicies shall each be endorsed to provide thaf such insurance is primary protecfion and any self-funded ar commercial co�erage maintained by City shall not be call�d upon #o cantribute to loss recovery. Sta�3dard Wrecker (� Page 6 uf 12 k) Com�any shal! report, in a timely ma�ner, to City`s official{y designated contract administrator any known loss occurrence which could give rise to a liability claim or laws�it or which could result in a proper�y loss. I) Company's liability shall nof be limite� to the specified amounts of insurance required herein. m) Upon the re�uest of City, Company shall provide complete copies of all insurance pol�cies rec�uired by these contract documents. 5.7 In tE�e event a state or federal law, rule or regulation pertaining to wrecker service companies operating within the State of Texas exceed insurance requirements specified herein, such state or federal law, rUle or regUlation shall prevail for the respective type of insurance coverage andlar limit thereof. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shall perform the following duties and have the following responsibilities: a} Maintain as ifs primary business the towing of vehicles or trai[ers by wreckers meeting the requirements ofi paragraphs 4(a) and 4(�) above. "Primary business" si�all mean that Company receives more than fifty per-cent (50%) af it gross revenues from the tawing ofi vehicles and trailers. AIf of company's recards shall be open to reasonable inspection, both at the tims of �xecutiort of this agreement and at any time during tY�e term heraof, ta verify �campliance with this condifion. b) Maintain a currently lic�nsed vehicle storage facility located within the corporate limits of the City. "Vehicle stora�e facility" shall mean a facility operated by a person license� under Article fi6$7-9a, Re�ised 5tatutes. c) Maintain business operation twenty-four (24) hours a day, seven days �er week. d) Respond to all calls contemplated by this confract withi� thir�y (30) minutes of notification, except in extraordinary situations where delay is caused by ice, snow or ofher weather related conditions. In ihe event Company fails to respond as required, City may notify another wrecl�er company and Company Standard Wrecker 7 Page 7 of l2 � y shall nat be entitf�d to the compensation to which it wa�ld ha�e been entitl�d had it arrived timeiy. e) Maintain on file with the City the name of the owner, president or chief executive officer, business address, and telephone number; further, Company shall notify the City of any change of ownership, president or cY�ief executive officer, or change of address within five {a} business days of any such change. f) Deliver the motor vehicle being towed to the location within the corporate limits of City designafed by the police officar at the scene of the pukl. Delivery sha[1 be made withaut delay or detour. g) Fuqy cooperaf� with any investigation conducted by the City regarding complaints against Company, whether or not such complaints aris� out of services contemplated by this Contract. h) Shall not become delinquent in the payment of any taxes due to City. i} Shafl nof go to any accident sc�ne unless the Company has been called to the scene by the owner or aperator of a vehicle or an authorized representative of same, or by fihe City. j) Completely remove all debris resulfing from any acc�der�t to which the Company is respondi�g. Removal of debris shall not be considered complete by m�rely sweeping it to th� curbline. k} Shall rtat solicit any wr�cker business withir� th� corporate limits of City at the scen� of a wrecked or disabled vehicle, regardless of wnethe� the solicitation is for ths purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. I) 5hafl only employ drivers of tow trucks authorized to operate same. m} Provide the Police Pound personnel with an invoice at the time tY�e vehicle is defivered to the Auto Pound tog�ther with tne signed wrecker selection form to be pravided. 7. TERMINATION AND SUSPENSION i.9 This contract may be te�minated or suspended by City for any of the following causes: 5tanciard VV��acker � Page 8 of l2 a) Violation ofi any term andlor conditio� specified in this contraet. b} Failure ta natify #he Communications Division of the Police Department within fifteen (15) minutes from the time of notification if the Company wi11 b� unable to respond withir� the thirty (30) minutes allotted for a response to a call for wrecker service. c} P�rmitting a tow truck to be operated by anyone while under the influence of alcohol andlor drugs, d} Permitting a tow truck to be operated �y anyone whase operator's lice�se is suspended. e) Transferring or assigning any call for s�:rvice to any other com�any f) Any sustained complaint of theft by personnel of Company wh�le acting in their capacity as employees of Company, wnether occurring dur�ng a police pull or oti�erwise. g) Any sustained complaint of threats made by personnel of fhe Company while acting in their capacity as employees of Company made against tf�ird parties during a police pull or otherwise. �i) Failing to comply with all directions of police personnel at the seen� of a police pull ar civilian employee at the Police Pound. Company may request a police supervisor to validate any such direction giv�n. i} Five {5) passes within a thirty (30) day period. Pass in this paragrapn shal{ mean Company fiailing to notify th� City of its inability to respond to a request for service as require� by paragraph 2 above. j) Ten (10) passes with�n a thirty (30} day period. Pass in this paragraph shall mean a Com�any notifying th� Ci�y of its inability to respond to a request for service as required by paragraph 2 above. k} Violation of any rule or regulatian contained in Exhibit "A" attached nereto. l) Fail�re to comply with any state or fed�ral law ar city ordinance refated to the operation of a wrecker company. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty {20) days prior to such suspension or termination. Company shall have the right to r�quesf a hearing before the Chief of PoEice or his designee 5tandard WreckEr C�l Page 9 of 12 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 intent to terminate or suspend. A hearing shall be conduct�d within fifteen �15) days of the request for �earing. The City, in its sole discretion, may temporar�ly suspend this contract during any appeals �rocess. 7.3 In the event this cantract is suspended for cause, the suspension shall be for a period of tim� of not less than six {6) months nor more tf�an twelve (12) months. 7.4 In the event City suspends or terminates this contract for cause, and the cause for such suspensian or termination is determined to b� invalid, Company's sole remedy shali be reinstatement of this cantract. Company expressly waives any and all rights to monetary damages, including but not limited to actual and punitiv� damages, court costs and attorney's fees. 8. INDEMNIFICATION With regard io any liabi�ity which might arise hereunder, City and Company agree that they shall be solely and exclusively liable for the negligence of its own agents, servants, subconfractors and em�loyees and that neither �arty shall look to the other parky to save or hold it harmless for #he consequenc�s af any negligence on the �art of one of its own agertt, servant, subcontractor ar employee. Nothing contained herein shall be construed to be a waiver 6y City af any right of protect�on that it enjays under applicable State or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portion hereaf to any party without the prior written consent of City that shall not be unreasonably withheld. Any such assignment, fransfer or subietting of this Contract without the consent of the City shall �� void and sha{1 operate as a termination hereof. St�ndard Wrecker 1 � P�ge I 0 oF l2 �o. ZC�NES AND ROTATION LIST 10.1 City shal� divide the city into four (4) zones that shall correspond to the four (�} patrol �ivisians. Company shall be assigned to #he zone or an adjac�nt zone in which it maintains its principal place af business. 10.2 City shall create a rotation list within each of the four (4) zones that will dictate the order in whic� wrecker companies are contacted. 10.3 City may request Campany to canduct a police pull wi�hin any zone, and Com�any agrees to use its best efforts to arrive at the scene of the police tow within thirty (3�) minutes. �1. INDEPENDENT GONTRACTOR It is understood and agreed by the parties hereto that Company shall perform all work and services hereunder as an independent contractor, and not as an afficer, agent, servant or employee of the City. Campany shall have exclusive cor�trol of and the exclusive right to cantro{ the defails of the work or service to be performed hereunder, and all persons perForming same an behalf of Company, and shall be solely responsible for the acts and omissions of its afficers, agents, servants, employ�es, contractars, subcontractors, licens�es and invitees. Tne doctrine of respondeat superiar shall not apply as between the City and Campany, its officers, ag�nts, servants, employees, contractors and subcontractors, and not�ing herein shall be construed as creating a par�nership ar joint venfiure between the parties hereto. Standard Wrecker � � Page 1 l of l2 0 In witn�ss whereof, the �arties hereto ha�e executed this Contract on the I��� d ay of �(ll.�l,� , 20� J , ATT�ST: � . C{TY �` FORT W�Of�T.H • .,, . � . _ _ � � : l. �:.. '�.lx .� �.��: -�',��� _ �y: r: � - Gloria Pearson Libby W�son City Secr�tary Assistant City Manag�r APPROVED AS TO FORM AND LEGALITY � _ � Assistant ity Attorney ATTEST: Corparate Secretary Standard Wreckee Page 12 01' l2 � � 1 � � �`� _ . ..� contxac�. Au+��axi�ati34n `-� D � _ _-�---- - .��.-_.__-__..� --=�.... ���� Wootens Wrecker & Automat4ve�zrvi�e lnc. (Com�af�y,fVar�} , ,Bjl: __ , 1 , R�(idy , n en, President 12 '�1V'�� 4.��. _4 ._. U�� ����� �R, ��������� , , �������� � � ���� ����� '�'l�e �a�fl8��w���g r�les ��� feg�l�t�iaeis �a�i �e �o➢➢o�ec� �ry �.,L �ye�k��- ��aa�pa�n�s u�po� �rrival �t th� �1a�ta �mu�d. 1. Tlie entry gate will not be blaciced by vvrecicers waitulg ta ei�ter or exit the Auio Polu�d. 2. No wrecicer slxall ez�tex fl�e Auto Pouild witli more fha�7 one {1) person/ope�atar, unless authaiized by fhe on duty s1u:Ct supervisor. This will �be done cin � case i�y c�.se bas�s. 3. For safety re�so�zs, a Ca�• Can-ier �vill be required to off load �aeir cargo when possible. Tl1is sl�all be defenn�ned Uy �.e o� duty supeY�vzsar. 4. T�Zve��tories should Ue handled in a�� expedit�o�ts inanner wl��n posszble. Hawever, Auto Po�r�d persom7el are requued ta da a coinplet� and pxecise i�iveiitory of all p�opei�ty aild veluc�es. A sp�ci�ic tin�e fi•an�e v�rot�ld Ue unpossible io iustitute. 5, No wrecker driver/operaffl�- vrill �S51St Wl� any inventoiy being.callducted by ALita Poz�i�d persa�ae�.. G. The use af Car Cai-�ier�s, ext�a time, extra ec�tiipinent, etc., shall Ue subject to approval �y th� Wrecicer Ad�i�istrator or Auto �ound 5upeivisor. 7. Wzecker drivers/operators/owi�ers shall be required ta fallow auy direciions or iiYst�uctioiis giveil by Auto Pau�d personnel. � 8. Wrecicer Conipaz�y Owi�ers shall assist and coillply witli auy investigaiion perfoi�ed by Auto Po�,u�d pe�so�uiel or the Fort Wo�-th Police Depart�nent in regards to their compauy, driver, operatar and or bus�ess wi�I�out iiesitation. 9. Violatioz�s of auy af the aUove rules sllall be subject to re�iew Uy tlza Wrecker Ad�i�inishator or Auto Paw1d Supe�risor. Tl�e Auta 1'ozmd Supei-visor or a higher Ievel of comznazld may detei7��e disci�linary aciion u� to aud i.i�cluding tenllinatigi� o£cantract. City of Fort �o�tlz, T�exas ���� t��� ������� ���1���1`��A���fl DATE REFERENCE IVIJMBER LOG NAME PAGE 418103 ��� g�44 35TOWS 1 of 2 SUB.iECT SUPPLEMENTA� APPROPRIATION �RDINANCE AND C�NTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDQRS REQUIR�D BY CITY ORDINANCE FOR THE P�I.ICE DEPARTMENT RECOMMENDATION: It is recommended that the City CouncEl: 1. Authorize contracts for Police Department requested non=consent towin� of wrecEced or abandaned vehicles feom mul#iple v�ndors as required by Section 34-'18'I of the Code afi t�e City of Fort Worth (9 98fi), as amended; and 2. Authorize tk�e contraefis to begin April 8, 2003, and expire 5eptember 30, 2D03, with aptions tQ renew for four additianal one-year periods; and 3. Adopt the attached supplemental appropriation ordinance increasing estimate� receipts and apprapriations by $44fi,944 in the Gen�ral Fund fram available funds. D15CUSSION: SeCtipn 34-181 of the Code of the Ci�y of �ort Worth (1986}, �s amended, requirad that all Palice depar�meni, non-consent taws, shail be �nderta�Cen pursuant to contract, specifically executed between the City and a wrec{�er company. The Public Safety Commiftee extensively re�iewed the new rates and unanimously app�oved this recommendatian on March 25, 2QQ3. Tf�ere are three fypes af contracts and rates as fio�laws: • Standard tow trucks $1 fl0 • Tilt bedlrollback tow frucks $125 o Tandem tow trucks $180 Contracts will be ex�cut�� with any �endor desiring to p�rForm �on-consent taws far the Police Department, if they meet the contract requirements such as towing operations being the vendars primary business, equipment specificatiqns, insurance, and � lacally licertsed storage facility. The fees for services to be pro�ided and assignment ta one of four zanes are the same as contained by City Cade. The estimated expenditure for these services is $�.8 million per year including the anticipated increase {af $44fi,944) for the remainder of the fiscal year based an the re�ised rates. This increase will be offset by re�enue collected as fees. RENEWA�. �PTIONS - These canfracts may b� renew�d �or up to four successive one-year terms at the City's opfion. This action does not require specific City Council approva[ provided the City Council City o�l�'ort T�o�th, T'exas ���� ��� �����;r ���������t��� DATE REFERENCE NUMBER LOG NAME PAGE 418I03 �_� 9�q,� 3�TOWS 2 of 2 s�B��c�r SUPPL.EMENTAL APPROPRIATION ORDINANCE AN❑ CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR A�ANDONED VEHICLES FROM MIJLTIPLE VEND4RS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT has apprapriated sufficient funds to satisfy #he City's abligation during the renewal t�rm. F15CAL INF4RMATIONICERTIFICATION: The Finance D�rector certifes that upan ap�ro�al and completion of the above recommendations and the adoption of the attached supplemental appropriation ordinance, funds wil� be available in the current aperating budget, as appropriated, of the General Fund. LW: r Submitted for City Manager's Of#ice by: Libby Watson Originating Uepartment Head: Ralph Mendoza Additiona[ Information Cantact: 5usui Alanis � FUAiD I ACCOLINT I CEI�TER � (to) � GG01 53912� Q353403 6153 � GGD1 �4B2624 0353�403 � 4$386 I (from) I GG01 539120 03534�3 I � 78262 I I AMOUNT $446,944.D� $446,944.00 • $446,944.00 CITY SECRETARY APPRQVED 04/08/�3 OItb.# 155I7