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HomeMy WebLinkAboutContract 28637.r t' � � � �r� ! � ����G 1 Fi�� r-�/ J( T" � � ���lTF�A�T �+p , �.���� ..��. CONTRACT FOR TOW TRUCK SERVICE (TANDEM AX�E) WHEREAS, the City of Fort Wortn occasionally requires the services of tnw trucks; and WHEREAS, such tow truck services are necessary to protect the safety ofi the citizens af the City of Fort Vllorth, NOW, THEREF��RE, KNOW ALL BY THESE PRESENTS: . The Cify af Fort Worth, hereinafter referred to as "City", acting here�n by and through Libby Watson, its duly aut�orized Assistant City Manager, and Muracombi Enterprises Inc. dba ABC Wrecker & DFW Wrecker, hereinafter referred to as "Campany", acting herein by and through Kathv Routh, its duly authorized Presi�ent, agree as fo�lows: 1, SERVICES ' City nereby contracts with Company fo provide police pull towing service. As used herein, "police pull" shall m�an that th�e Fort Worth Police De�a�kment has called Campany from fhe rotation list to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but �he owner �s not present, able or permitted to drive or to make authorizations. �. TERM The initial term of this contraci shall exp�re on September 3Q, 2003. In additian ta the inifial term of this confract, there shalf be four opfions to renew for terms of one y�ar �ach, unless earlier terminated as hereinafter pro�id�d. Renewal shall occur upon City incl�ding in its budget far the options years sufficient funds to pay for its obligations hereunder and Company pro�iding proof of insurance ta City. 3. COMPENSAT[ON AND PAYMENT 3.1 Campensation. As compensation far providing the s�i� - - contemplated �y this Contract, City agrees to pay Company a� t�`i��i�+? � � � � � � a} Towaqe. A charge of O�e hundred eighty Doliars ($180.00} per hour for towing suc� vehicle from one point on a street to ano��er location within the carPorate limits of the city as directed by tF�e palice depariment at the place where the tow originated. The minimum charge shall be for one hour; after the �rst hour, time shall be billed for in increments of fifteen (15} minutes, at a charge of $45.00 per increm�nt. b) Second tandem axle tow truck, 1n the event the police officer at the scene determines that a second tandem axle tow truck is required, a charge of One Hundr�d �ighty doflars ($180.OD) per hour bill�d in incremenfs of fifteen (15) minufes while at the scene of the police pul1, with a minimum charge far one hour, at a charge of $45.00 per increment. Travel time is excluded. c) Reimbursables. In the event Company is re�uired to rent equipment or ot�er materials specifically related to a police pulf as directed in writing by a police supervisor at the scene, Corrlpany shall be reimbursed the actual cast incurred plus �fifteen percent {15%). Charges under this sub�aragraph are s�abjec# to the re�iew and appro�al of a police supervisor. c{) Extra help. An additional charge of twenty dollars ($20.00) per man per hour, with a minimum charge of faur {4) hours, when authorized in writing by a pofice supervisor at the scene a� the pfllice pul1. e) Air cushions. 1.) Regular cushions -A charge of one hundr�d-fifty dollars ($i50.00) per hour per cusF�ion, with a minimum charge of one hour. After the first hour billing shall be in increments of fifteen {15} minutes. 2.) Tanker cushions - A charge of fo�ar hun�red dollars ($400.00) per hour per cushion. After the first hour billing shall be in increments of fifteen (15) minutes. 7'andem Wrecker Z Page 2 oC 12 v Y 3.) Prior approval by a police supervisor a� the sce�e of a police pull is required for the use af air cushions. f} Handlin� hazardous materials. Wh�n the cargo of any motor vehicle or trailer includes explosiv�, �uclear, radioactive, hazardous or corrosive materials, as defined by fha Environmental Protection Agency, T�xas Departmen# of Transpo�tation, or fhe Texas Natural Commission on Environmental Quality, a fee equal to on� hundred-fifty (150) percent of the charges incurred under subparagraph "a"" abave. g) Tractor, hvdraulic tilttail. fawbov, other speciaiized eauipme�t. A charge af one hundred eighty dollars {$180.�0) per hour, billed in increments of f�fteen (15) minutes, with each increment being charged as $45.00 per increment, as authorized in writing by a pofice supervisor at the scene of the police pufl. The police supervisor shall sign the wrecker sefection farm. f�) Nothing cantained herein shal{ be consfrued so as to obligate City to expend any sums of money except for services actually rendered. Further, notY�ing contained Y�erein shall be construed so as to guarantee �o Company that City will cantact Company for any towing services contemplafed by this Cantract. 3.2 Invoicing and Pavment. Company sF�all Invoice City once per month. Campany shalE incfude with the invaice such documen#s as may be reasonably requested to provid� evider�ce of the services provided to the City, which a� a minimum shall include copies of the wr�cker selection form signed by th� officer at the scene of the �olice pull a�dlor pefsonne! at the Fort Worth Auta Pound. Such invoice shall be subject to the review and approval of appropriaie City personnel. City shall r�mit payment to Com�any no.t more than thirty (30} days following approval of invoice. 3,3 Compensation Review. Cify sha[l revi�w ar� an annual basis the cam�ensation provided for hereunder, with the first such review to be conducted during the month of August 2003. Similar r��iews shal{ occur in August of sach succeeding year that this contract is in effect. City shall make adjustments in the Tandem Wrecker 3 Page 3 af 12 r � comper�sation based upon increases or decreases in the cost of doing business, taking into consideration fuel, insurance, labor, and such other costs as may be relevant to the operation of a towing business. 4. VEHICLE AN� EQUIPMENT REQUIREMENTS Company shall maintain at aEl times #he following vehicl�s and equipment in working condition: a} A minimum of one (1) tandem axle (heavy duty) wrecker rated at not less than 2fi,000 gross vehicle weight, equipped with a power winch and winch lines with a boom rated at not less than 5Q,000 pound lift capacity. b) At a minimum, all wreckers shall be equipped with the following equ�pment, which at all times shall be maintained in working order: 1 } Tow bar 2) Towing lights 3) Emergency o�erhead warning lights �red or amber color only) 4} Safety cha�n 5} Fire exting�isher, A. B. C. type 6) Wrecking bar 7) Broom 8) Ax 9) Shovel 10} R�flectors or fraffic cpnes 11) Trash container 12) Two way voice or computer communication between tow fruck and Company dispatcher 13) Backing warning signal �4} Wheel chocks 15) Traffic cones c) Each wrecker shall have the identifying markings required by the Texas Tra�sportation Code, section 642.002. ln additian, each wrecker shall provide Notice of Complaint Proc�dures to the owner of a towed veh�cle as outlined by Tandem Wredcer ,4 Page 4 nf 12 L F ihe Texas Department of Trans�ortat�on Rules and Regulations as contained in 43 Texas Administrative Code, Cha�fer 18, subchapter 18.89, as same may �e amended from time to time. d) Eact� tow truck and the required equipm�nt shall be inspected by the Chief of Police or his author�zed designee prior to being used far services co�templated by this contract. In addition, each tow truck and the required equipment shall be subject to intermittent ins�ection to assure compliance with this contract. 5. 1NSURANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to City in the following types and amounts: 5.1 Comm�rcial General Liability $1,000,000 each occurrence $1,OOD,004 aggregate ar Garage Liability $� ,000,000 each accident, other than auto $1,OOD,ODO aggregate 5.2 Automobife Liability $1,000,000 each accident, combined single limit This coverage shall include all �ehicles awned or non-o�ned that are operating under Company's operating authority. 5.3 CargolOnaHoo�C $50,Q00 per unit Coverage shall include both the �nit being towed and its cantents. Units cover�d sha�l include but not be limit�d to motor vehicles, trailers an� boats. Coverage shall be written an a direct primary basis. 5.4 CARAG�K�EPER'S �IA�I�[TY $50,000 per unit 5.5 Wor�er's CompensationlAccident Insurance Tandem Wrecicer � Page 5 of 12 ! � Coverage shall meet the minimum requirements of state law as contained in the Motor Carrier Rules and Regulations. 5.6 Current insurance certificates sY�all remain on fil� with the City during tf�e term of this Contract. Insurance coverages may, at th� sole discretion of the City, be revised upward upon thirty (30) days prior written notice ta Company, Policies shall be endorsed as follaws: a) The City, its officers, employees and servants shall be endorsed as an additional insured on al[ policies except employer's liabi[ity insurance coverage under the workers' com�ensation insurance policy. b) Certificates of insurance shall be deli�ered to �he supervisor of the City of Fort Workh Auto Paund, 130� E. Northside Drive, Fort Worth, TX 76102, prior to any work being per�ormed und�r ti�is contract. c} Any failure on part of the City fo r�quest required insurance documentation shall not constitufe a waiver of the insurance requirements specified herein. d) Each insuranca policy shall be endorsed to pro�jde the City a minimum thirty days notice of canc�llation, non-renewal, andlar material change i� policy terms or coverage. A ten days notice shalf be acceptable in the event of nan-payment of premium. �) Insurers must be authorized to �o business in the Stat� of Texas and have a current A.M. Best rating of A: VII ar equivalenf ineasure of financial strength and solvency. f) Deduciible limits, or self-funded retention fimits, on each policy m�st no# exceed $�O,OQO.DO per occurrence un[ess otherwise appro�ed by the City. g) Ot�er than worker's compensation insurance, in fieu of traditional insurance, City may consider alternative co�erage or risk treatment measures throtagh �nsurance pools or risk reter�tion groups. The City must approve in writing any alternative co�erage. h) City shall not be responsible for the direct payment of insuranc� premium costs. Tandem Wrecker �j I'age 6 ot' 12 t � i} Insuranc� policies shall each be endorsed to pravide that suc� insurance is �rimary pratection and any self-funded or cammercial coverage maintained �y City shall not be called upan to contribute to loss recovery. j) Campany shall report, in a timely manner, to City's officially designated contract administrator any knawn Ioss occurrence which could gi�e rise to a liability claim or lawsuit or which could result in a property loss. k) Company's fiability shall not be limit�d to the s�ecified amounts of insuranca required herein. I) Upan the request of City, Company shall provide cam�lete copies of all insurance palicies required by tnes� contract doc�ments. 5.7 In the event a state or federal law, rule or regulation pertaining to wrecker service companies operafing within fhe State of Texas exceed insurance requiremen�s speci�ied herein, such state o�- federal {aw, rule ar ragulation shall prevaif for the respective type of insurance coverage ar�dlor limit thereof. �. DUT{ES AND RESPONSIBILITIES O� CUMPANY Company, during the term of this contract, shall perform the following duties and have the following responsibilities: a) Maintain as its primary business �he towing of �ehicles ar trailers by wreckers meeting the re�uirements of paragraphs 4(a} and 4(b} abo�e. "Primary business" shall mean that Company receives more than fifty per- cent (50%) ofi it gross revenues from the towing o# v�hicles and trailers. AIf of company's records shall be open to reasonabl� insPection, both at the time of execution of this agr�ement and at any time during the term hereof, to verify compfiance with this condition. b) Maintain a currently licensed vehicle storage facility located within the corporate limits of �he City. "Vehicle storage facifity" shaE1 mean a facility operate;d by a person licensed under Ar�icle 6687-9a, Revised Statufes. c) Maintain b�siness operation twer�ty-four (24) hours a day, seven days per week. Tandem Wrecker 7 Page 7 of l2 e d) Respond to all calls cantemplated �y this contract within forty-five (45) minutes of notification, except in extraordinary s�tuatians where delay is caused by ice, snow or oth�r weather related conditians. In the e�ent Company fails to respond as r�quired, City may r�otify another wrecker company and Company shall not be �r�titled to the compensation to which it would have been entitled had it arrived t�mely. e) Maintain on file with the City the name of the owner, president or chief executive ofFicer, business address an� te[ephone number; further, Company shail nofify the City of any ehange of ownership, president or chief executive officer, or change of address within fi�e (5) business days of any such change. f) Deliver the motor ��hicle �eing towed to the location within the corporate limits of City d�signated by the police officer at the scEne of the pull. Delivery shal! be made without delay or detour. g} Fully cooperate wifh any investigation conducted by the City regarding complaints against Company, wheth�r or not such complai�ts arise out of services contemplated by this Contract. h} Shall not become delinquent in the payment of any taxes due ta City. i) Sna1i not go to any accident scene unless th� Company has besr� called to the scene by the own�r or operator of a �ei�icle or an authorized representative of same, or by the City. j) Completely remove all debris resulting from any accident to which the Company is responding. R�moval of debris shall not be considered complete by merely swaeping it to the curbline. k} Shall nflt so{icit any wrecker business within �he corporate limits of City at the scene of a wrecked or disable� vehicle, regardless of w�e�her the solicitation is for the �urpose of soliciting the business of towing, repairing, wreckjng, storing, trading, or purchasing the vehicfe, h) Shal[ only employ drivers of �aw trucks authorized to operate same. Tandenl Wrecker Page 8 of k 2 : � i} Provide Police Auto Pound personnei with an invoice at t�e time the towed vehicl� is delivered ta the Pound together with a signed wrecker selection form provided by the police officer ar super�risor at the scene of the police pull. 7. � TERMINATION OR Sl7SPENSION 7.1. This contract may be terminated or suspended by City for any of the following causes: a} Violation of any t�rm andlor condition specified in this contract. b} Failure to notify the Commun�cations Di�ision of the Poli�e Department within fifte�n (15) minutes frnm the time of notification if the Company will be unable ta respond within tY�e forty-five (4�) minutes allotted for a response to a wrecker call. c} Permitting a tow fruck to be operated by anyone while under the �nfluence af alcohol a�dlor drugs. d) P�rmitting a tow truck to be operated by anyone whose operator's license is suspended. e} Transferring or assigning any call for service to any other com�any f) Any sustained com�laint of theft by persannel of Company while acting in fheir capacity as employees of Company, whether occurring d�aring a police pull or otherwise. g) Any susfained camplaint of threats mad� by personnel of the Company while acting in their capacity as empfoy��s of Corr�pany made against third parties dUring a police pull or otherwise. h) Failing to comply with all directions of police personnel at the scene of a polic� pull or civilian or police personnel at the Police Auto Pound. Company may request a police supervisor to validate any such direction given. i} Fai[ure to comply with any state or federal law or city ardinance related to the operation of a wrecker company. Tandem Wrecker C� Page 9 af 12 j} �iva (5) passes within a thirty (30) day period. Pass in this paragraph shall mean Company failing to notify the City of its inabil�ty to respond tn a request for service as r�quired by paragraph 2 above. k) Ten (10) passes within a thirty (30) day period. Pass in this paragraph shall mean a Company notifying the City of ifs inabilEty to respond to a request for service as required by paragra�h 2 above. I) Violation of any rule or regulatian contained in Exhibit "A" attached hereto. 7.2 City shall natify Company in writing of its intent to terminate or suspend for caus� twenty (20) days prior to such suspension or termination. Company shall have the rigYtt to request a hearing befare the Chief of Police ar his designee regarding the intent to terminate or suspend for cause �y requesting a hearing in writing within f�ve (5) business days after receipt of notica of intent to terminate or suspend. A hearing shall be conducted within fifteen (15) days of the request for hearing. The City, in its sale discretion, may t�mporarily suspend this contract during any appeals proc�ss. 7.3 ln the event this contract is sus�er�ded for cause, the susp�nsion shall be for a period of time of no� less than six (6) months no� more tnan twelve (12} monfihs. i.4 In the ever�t City suspends or terminates this contract for cause, and the cause for such suspension ar termination is determined to be invalid, Company's sole �emedy shall be reinstatement of this contract. Company expressly wai�es any and all rights to monetary damages, includin� but not limited to ac#uaf and punitive damages, court costs and attorney's fees. 8. INDEMNIFICATION Wifh regard to ar�y liabilify which might arise hereunder, C�ty and Company agree that they sha�l be solefy and exclusively liable for the negligence of its awn agents, servants, subcontractors and employees and that ne�ther party shall look to the other party to save ar hald it i�armless for the consequences of any negligence on t�e part of one of its own agent, servant, subcontractar or Tandem Wreeker 1 a nage 10 of 12 employee, Nothing contained herein shall be construed to be a waiver by City af any right of �rotec#ian that it enjoys under appiicable State or Federal law. 9. ASSIGN[�IENT Company shall not assign, transfer ar sublet this Coniract or any portion her�of to any party wifhout the priar written consent of City that shall no# be unr�asonably. Any such assignmeni, transfer or subfetting of this Contract shall be void ar�d shalf operate as a t�rmination hereof. 1 Q. INDEPENDENT C4NTRACTOR It is understood and agreed by the par�ies hereto that Company sha{I perform al{ work and services hereunder as an independent contractor, and not as an offic�r, agent, senrant or employee of the City. Company shall have exclusive control of and ihe exclusive right to contral the defiails of the wark ar service to be performed hereunder, and all persons performing same on behal�F of Company, and shall be salely responsible for the acts and omissions of its officers, ager�ts, servants, employees, contractars, subcontractors, licensees and invi�ees. The dactrine of respondeaf superior shalf not apply as between ihe City and Company, its ofFcers, agen#s, senrants, employees; contractors and subcontractors, artd nothing herein shall be construed as creating a partnership or joint venture beiween the parties hereto. In witness wher�of, the parties hereto have ex�cuted this Contract on the day of , 2002. Tandem Wrecke3• 11 1'age 11 af 1 Z ATTEST: �a��� �:� � --� � � ;�� � -s�ir�ac� �u�.horix��ion �' , .� - _ � � , ,..` _ , = f� �Sa t� _ _... .-- -,.,. . -- _, , ..'_ � - ` =��-�� Glaria Pe�rson City Secr�tary APPROVED AS TO FORM AND I�EGALITY � l` `� - � v Assistant City Aftorney ATTEST: Corporate Secretary C1TY OF �+C3RT WQRTH By: �.h-� � � � Libby VV�son Assistant City Manager Muracombi Enterprises Inc. dba ABC Wrecker & DFW Wrecker (Company Name) By' � � Kathy Rocath, Presi�ent I�r�21�7�i4 �Si�Gv�:u ! �F�]Oif ��������sl! I^x R'�^-1f'+/l ul [I'� yR ��jF1�U"��' Y �� 5�. 5 , Tandem Wrecker 12 Page 12 of l2 ���I��'� A A�J'� O P �YJi�D The followiug a-ules and regulntions will be �'ollowed by ALL 'Wt•ec��er Companies upan arrivnl at ihe Auto Pou�d. 1. Th� e�itry gate will not l�e biocked by wrec�cers waiti�ig to enter or exz� the Auto P auud, 2. No wrecker shall enter the Auto Potuzd wi�h z�zore thai� one (1} pe�son/ope�ator, ulliess authorized by tl�e on duty sl�ift stxpervisor. Thzs will be done on a case Uy case basis. 3. For safeiy reasaz�s, a Car Ca�7•i�r vvill be required to off laad their cargo when }�ossible. Tiiis shall be deten��ined l�y the o11 duty supeivisor. 4. Inventories should be ha�zdled i�i.a�l expeditious ma.imer when possible. However, Auto Pound personnel a�.•e requued io do a coinpleie and precise izlveniory of aIl prop�rty axld vehicles. A specific time fi•ame would Ue i�npossible io institute. 5. Na wrecker driver/aperator wili assist with a�1y il�ventory being co�ducied 1�y Auto Potuld persaruiel. G. The use of Car Ca�z-ie�s, extaa time, extra equipm�nt, etc., sha11 be suUject to ap�aroval i�y tlae Wrecicer Adnli�listrator or Auto Pou�ld Supeivisor. 7. Wrecker drivers/opez-atorslowilers shall �e required to follow any directiozis or instructions given Uy Auto PoL2r�d personnel. 8. Wrecl�er Coinpally Qwners shall assist and comply wi�ll any investiga�ion perfoz7ned by Al�to Pouild pers4iu�e1 or tlle Fort Worth Polic� Department in rega�.-ds to their cornpazxy, driver, operator and or b�,isiness withotirt l�esitation, 9. Violations of aily of the above rules slial� be subject to review by the Wrecker Adnluiist�ator orALrt� Pound Supervisor. T11e Auto Polind St�pervisor or a higher level of coinma�d may detein�ine discipliilary ac�:ion u� to azld i�cluding ten��ii�atioil of contzact. �'ity o, f .�'or� T�T�o�th, �"exas a��� a�� ����nc�� �������c����� �AT� REF�RENCE NUMBER LOG NAME PAG� 418103 ��� ����, 3�TOW5 1 of 2 sus.��cr SUPPLEMENTAL APPROPRlAT10N ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING �F WRECKED OR ABANDONED VEH�C�.ES FRDM MUL.TIPL.E VENDORS REQUIRED BY CITY ORDiNANCE �OR THE POLlCE DEPARTMENT RECOMMENDATION: It is recommended that the Gity CounciE: 1, Autharize contracts #ar Police Department requested non-consent towing of wrecked or abandaned vehicles from multiple �endors as rec�uired by 5ection 34-181 of the Code of the �Ci#y of Fort Warth (1986), as arnended; and 2. Authorize the contracts to begin April 8, 2003, and expire September 30, 2003, with aptions �o renew for four additional ane-year periods; and 3. Adopt the attac�ed supplemental appropriation ardinance incr�asing estimat�d rec�ipts and appropriations by $446,944 in the General Fund from a�ailable funds. D15CU5S10N: Section 34-181 of the Code of #he City of Fort Worth (1986), as amended, required that all police departmen#, nan-consent tows, shall be undertaken purs�ant to contract, specifically executed �e'tween the City and a wrecker company. The Public 5a#ety Commitfiee extensivefy reviewed the new rates and unanimously approved this recommendafion on March 25, 2003. TF�ere are three types of contrac#s and rates as follows: � Standard tow trucks $�00 � Tiit bedlrollbacf� tow trucks $125 � Tan�em tow truc�s $180 Contracts will be executed with an�r ver�dor de�iring to perfarm non-consent taws for the Police Department, if they meet th� contfact requirements such as �awing aperations beir�g the vendors primary business, equipment specifications, insurance, and a locally licensed storage facility. The fees for services to be �rovided and assignmer�t to one of four zones are the same as contained by City Code. Th� estimated expenditure for these services is $1.8 miflian per year incfuding the anticipated in�rease (of $446,944) for the remainder of #he fiscal year based on the revised ra#es. This incr�ase will be offset by revenue collected as fees. RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at the City's option. This action does not require specific City Counci! a�proval provided the City Cauncil C'ity of'1�'ort T�'or�th, T'exacs ���� ��� ������[ ���r��r��c�t��� DATE REFERENC� NIJMB�I� LOG NAME PAGE 4/8103 �o� g���, 35TOWS 2 of 2 SUBJECT SUPP�EMENTAL APPROPRIAT[ON ORDINAf�CE AND COI�TRACTS FOR NON- C�NSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPL.E VENDORS REQUIRED BY CITY �RDINANCE FOR THE POLICE DEPARTMENT has appropriated sufficient fu�ds to satisfy the City's obligation durin� the renewai term. FISCAL 1NFORMATIONICERTIFICATI�N: The Finance Director certifies tF�at upan appro�al and completion of the above recommer�dations and the ado�fion af the attached supplemental appropriati�n ardinance, funds will be available in the current operating budget, as a�propriated, of the General Fund. LW:r 5ubmitted for City Manager"s Oftice by: I FUND I ACCOIJI�'T I I (to) I GG01 539120 6183 G G� 1 462624 � 4838b (from) GG01 539120 � 78262 I C�NTER � AMOUNT 0353403 $446,944.00 03534p3 $446,944.00 CITY SECRETARY Libby Wafsan Originating Department Head: Ralph Mendoaa Additional Information Contact: Susan Alanis - APPROVED 04/08/03 0353403 $446,944.0(} ORD.# 15517