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HomeMy WebLinkAboutContract 28639� ��"TY �����iA��' � �� �� CON�RAGT � . CONTRACT FOR TOW TRUCK SERVICE {STANDARD SERVICE) WHEREAS, the City of Fart Worth occasianally requires the services ofi tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the City of Fort Wor�h, NOW, THEREFORE, KNOW AL.L BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", acting herein by and through Libby Watson, its d�aly authorized Assistanf City Manager, and Muracombi Enter�rises Inc. dba ABC Wrecker & DFW Wrecker, hereinafter referre� to as "Company", acfing herein by and through Kathv Routh, its duly authorized President, agree as follows: 1. SERVICES City hereby contracts with Company �o provide police pull towing service. As used herein, "pafice pull" shall mean that the Fort Worth Police Department �as called Campany fram the rotation list to either remo�e a wrecked or disabled vehicle ar to remove a v�hicle in a safe driving condition, but the owner is not pr�sent, able or permit�ed to drive ar ta make authorizations. 2. TERM The initial term of fhis contract sha11 expire on September 30, 2003. In ad�ition to the initial term of this contract, there shall be four options to r�new for terms of one year each, unless �arli�r ferminat�d as hereinafter provided. Renewal shall occur upon City including in its budget for the optians years sufficier�t funds to pay for its obligations hereund�r and Com�any pro�iding proof of insurartce to City. 3. COMPENSATfON 3.� Com�ensation. As compensatian for providing fhe cont�mplat�d by this Contract, City agrees to pay Campany as follc�vt�F„ i � � r_ 5@NICBS �.�.:. n4;� ����� �� ���� 9 a} Towaqe. A charge of One hundred Dollars ($100.00) for fowing suc� vehicle from one point on a street to a�other lacation within �he corporate iimits of the city as directed by the �olice departmant at the place where the tow originated; such char�e includes one-half hour of extra work. b} Second tow truck. In the event the pol�ce officer af th� sce�e determines that a second tow truck is required, a charge of One hUndred dallars ($100.Od) per hour, wit� a minimum charge of one hour, bifled in increments of fifteen (15) minutes while at the scene of the police pull� A police supervisor shall appra�e the use of a second tow truck. Travel time is excluded. c} �xtra wark. An additional charge af one hundred dollars ($100.00} �er hour, with a minimum charge of one hour, charged in increments af fifteen (15} minutes, for removing vehicles that are off the street right-of-way, such charge to be made f�om the time th� operator begins to remo�e the �ehicle until it is on the traveled por�ion of the sfrest. Even though the vehicle is within t1�e street right-of-way, an additianal charge may be made if the vehicle is kocated in some unusual condition wi�i�in the right-of-way, such as, but not limited to, a river or a creek bed ar a ditch of greater depth than the ord��ary bar ditch. Extra work shall only be allowed when autharized by a police officer at the scen� of the pull. The charges for such extra work shall be reviewed and appro�ed by the Aufo Poun� Wrecker Administrator. Extra work excludes travel time, waiting time and clean-up fime. d) Use of a da11v. No additional fee shall.be charge� for the use of a dolly. e} Handl�na hazardous materials. When the cargo of any mafor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive materEals, as defined by the Environmental Protection Agency, Texas Depar�ment of Transpor�afion, or the Texas Commission on EnviTonmental Quality, a fee equal to one hundred-fiifty (150) percent of th� charges which may be ass�ssed pursuant to subparagraph "a" above. ln addition, a charge may be mad� for expenses incurred related to protecti�e clothing and any 5taudard Wrecker 2 Page 2 of 12 other sup�l�es or equipment used in handling such materials, such charge being equal to �he actual amounts incurred plus fifteen {15} percent. f} Nothing contained herein shall be construed sa as ta obligate City to expend any sums of money. Further, nothing contained herein shall be construed so as to guarantee to Company that City will canfact Company far any towing services contemplated by this Contract. 3.2 Invaicinq and Payment. Company sha{I Invoice City once per month. Company shall include with the invoice such documents as may be reasonably requested to provide evi�ence of the services provided to th� City, which at a min�mum shall include copies of the wrecker selection form signed �y the officer at the scene af the police pu11 andlor perso�nel at the Fort Worth Auto Pound. Such invoic�; shall be subject ta the review and approval of appropriat� City �ersonne[. City shall remit payment to Com�any not more than thir�y (30) days following approval of invaice. 3.3 Comaensation Rev[ew. City sha[I re�i�w on an annual basis #he compensation provided for hereunder, with the first such review io be conducted during t#�e month of August 2aQ3, Similar reviews shall occur in August of each succeeding year f�at this contract is in effect. City shall make adjustments in the compensation based upon increases or decreases in the cost of doing busin�ss, taking into consideration fuel, insurance, labor, and such other costs as may be relevant fo the operation of a towing �usiness. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times th� fallowing vehicles and equipment in working condition: a) A minimum of two (2) wreckers, one of which shall be not less than 14,000 pounds gross vehEcle weight and one of which shall be not less than 10,OD0 pounds gross �ehicle wei�ht, dual rear wheels, equipped with a hydraulic operafed winch, winch lines, and a boam rated at not less #han 8,OQ0 pound lift capacity and a wheel lift device rated at not less than 2,5Q0 pounds. Standard �rVrecker 3 Page 3 oi' 12 b} At a minimum, all wreckers shal! be equipped w�th the following equipment, which at all times shall be maintained in working arder: 1) 2} 3} 4) 5) 6} 7} 8) 9) 1 Q) 1�} 12} 13) �4) Taw bar Towing lights Emergency overhead warning lights (red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wrec�Cing bar Broom Ax Shove! Reflectors ar traffic cones Trash container Two way voice or cpmputer communication between tow truck and Gompany dispatcher Backing warning signal W heef chocks c) Each wrecker shall �ave the identifying markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall provide Notice of Complai�t Procedures to the owner of a towed vehicle as outlined by the Texas Department af Transpor�afiion Rules and Regulations as contained in 43 Texas Admit�istrative Cade, Chapter 18, subcha�fer 18.89, as same may be amend�d from time to time. d) Eacn tow truck and the required eq�ipment shall be inspect�d by the Chief af Palice or his authorized designee �rior #o being used for services cantemplated by this contracf. In addition, each tow truck and the required equipment shall be subject to intermittent inspection to assur� compliance with this confract. S�andard Wre�ker 4 1'age 4 of 12 0 �J. INSURANCE REQUIREMENTS Company shall maintain insurance #rom insurers acceptable to City of the fallowing types and amounts: 5.1 Commercial Ceneral Liability $5a0,400 eacY� occurrence $500,000 aggregate or Garage Liability $500,p00 each accident, otF��r than auta $500,000 aggregate 5.2 Automobile �iability $50p,OQ0 each accident, cambined single limit This coverage shall include all vehicles owned or non-owned that are operating under Company's operating authority. 5.3 CargolOndHoo� $30,Q00 per unit Coverage shall includ� both the unit being towed and its contents. Units covered shall include but not �e limited to motor vehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5,4 GARAG�K����R'S �IA�ILIiY $30,000 per unit 5.5 Worker's CompensationlAccident Insurance Coverag� shall meet fhe minim�am requirements of state law as con- tained in the Motor Carrier Rules and Regulations. 5.6 Cur�'ent insurance cer�ificates shall remain on file with the City during the term of this Contrac#. Insurance coverage may, at the sole discretion of the Ci#y, be re�ised upwar�d upon thirty (30) days prior written notEce to Company. Policies shall be endorsed as follows; Standard Wreckcr 5 Page 5 oC 12 . , a} The City, its officers, employees and servants shail be endorsed as ar� additional insured on alf policies except employer's liability insurance coverage und�r the workers' compensation insurance policy. b) Certificates of insurance shall be delivered to fhe supervisor of �he City of Fort Worth Auto Pound, 130'I E. Northside Drive, Fort Worth, TX 76'102, prior to any work being perFormed under fhis cantract. c) Any failure on part of t�e City fo request required insurance documentatian shall not constitute a waiver of the insurance requirements specified herein. d) Each insurance �olicy shall be en�orsed to �rovide the Cify a mir�imum thirty days natice of cancellation, non-renewal, andlar matarial change in policy terms or co�erage. A ten �ays nofice shall be acceptable in the event of non-payment of pr�mium. e} Insurers must be autharized to do business in th� 5tate of Texas and ha�e a curren� A.M. Best rating of A: V[! or equ�valent measure of financial strengtf� and solvency. fj Deductible limits, or self-funded refention limits, on each policy must not exceed $10,Q00.00 per occurrer�ce unless otherwise appraved by the City. g) Other than worker's compensation insurance, in lieu of tradifional insurance, City may consider alternative coverage or risk treatmenf ineasures throug� insurance pools or risk ret�ntion groups. The City must approve in wrifing any alternative coverage. h) Workers' compensatior� insurance policy(s) covering employees shall ba endorsed with a waiver of subrogation providing rights of reco�ery in fa�or of the City. i) City shall not be responsible for the direct payment of insurance premium costs, j} lnsurance po{icies shalf each be endorsed to provide that such insurance is primary protection and any self-funded or commercial cov�rage maintained by City shal� not be called upon to contribufe to Ioss recovery. Stand�rd Wrec�Cer � Page G of l2 a k} Company shall report, in a tim�ly manner, tn City's officially designat�d contract administrator any known loss occurrence which could give r�se to a liability claim or lawsuit or which could result in a property lass. f) Company's liabifity shall not be limi�ed to the specified amounts of �nsurance required herein. m} Upon the request of Cify, Company shall provide comp�ete capies of afl insurance policies required by these contract documents. �.7 In the event a state or federal law, rule or regulation per�aining to wrecker service companies operating within tne State of Texas exceed insurance requirements specified herein, such state or federal law, rule or regulation shalf prevail for the respecti�e type of insurance coverage andlor limit tnereof. �. DIJTIES AND RESPONSIBILITIES OF C�MPANY Company, during the t�rm of this contract, shall perform the follawing duties and have tha following r�:sponsibil�ties: a) Maintain as its primary business the towing of vehicles or trailers by wreckers meeting the requirements of paragraphs 4(a} and �}(b) above. "Primary business" shall mean that Company receives more than fifky per-cent (50%} of it gross revenues from the towing of vehicles and trailers. Afl of company"s records shall be open to r�asonable inspection, �oth at the time of execution of this a�reemenf and at any time during the term hereof, to verify compliance with �his condition. b) Maintain a curr�ntly licensed vehicle sforage facifity located within the corpo�ate limi�s of the City. "Vehicle storage facility" shall mean a facility operated by a persan licensed under Article 6687-9a, Revised Statutes. c} Maintain business operation iwenfy-four (24� hours a day, seven days per wee�C. d} Respond to all calls contemplated by th�s contract within fhir#y (30) minutes of notificatio�, except in extraordinary sifuations where delay is caused by ice, snow or other weather relafed conditions. 1n #he event Com�any fails to respond as required, City may no#ify anoth�r wrecker company and Company Standard WmCker '� Page7oF12 7. TERMINATION AND SUSPENSION 7.1 This contract may be terminated or suspended by City for any of fhe following causes: shall not be entitled to ihe compensatian tio which it would have been entitled had it arrived timely. e} Maintain on file with the City �he name of the owner, president or chief executive officer, business address, and telephon� number; further, Company shall notify the City of any change of ownership, president or chief executi�e officer, or chang� of address within five {5) �usiness days of any such chang�. f) Deli�er the motor vehicle being towed to the location witnin the corporate limits of City designated by the poEic� officer at the scene of the pull. Delivery shall �e made without delay or detour. g) Fully cooperate with .any investigation conduc�ed by the City regarding complaints against Company, whefher or not such complaints arise out of services contem�lated by this Contract. h} S�iall not become del�nquent in the payment of any taxes due to City. i) Shall not go to any accident scene unless t�e Company has been called to the scene by the owner or operator of a vehicie or an authorized representative of same, or by the City. �} Completely remove ail debris resulting from any accident to whic� �he Company is responding. Removal of debris shall not be considered complete by m�rely sweeping it to the curbline. �C} Shall not solicit ar�y wrecker business within fhe corporate limits of City at the scene of a wreclted or �isabled vehicle, regardiess of whether the solicitation is for the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. I} Shall only employ drivers of taw trucks authorized to operate same. m) Provide the Pol�ce Pound personnel with an invoice ai ihe time the uehicle is delEvered to the Auto Pound tagether with the signed wrecker selection form ta be provided. Standard Wrecker Page S of 12 : � . a) Violation of any term andlor condition specified in this contract. b) Failure to notify the Communications Division of the Police Department within fiftesn (15} minutes from the time of notification if the Company will be unable #o respond within the thirty �30) minutes allotted for a response to a call for wrecicer service. c} Permitting a tow truck to be operated by anyone while under the influe�ce of a�cohol andlor drugs. d) Permitfiing a tow truck to b� opera�ed by anyone whose operator's license is suspended. e} Transferring or assigning any caq far service ta any other company f) Any sustained complaint of tf�eft by personnel of Company whil� acting in their capacity as employees of Company, whether occurring during a police pul� or otherwise. g) Any sustained compla�nt of threat� made by personnel of the Company while acting in their capacity as employees of Company made against tf�ird parties durin� a police pull or otherwise. h) Failing to comply with all directians of police persor�nel a# the scene of a palice pull or civilian employee at the Palice Pound. Company may requast a police supervisar to validate any such direction given. i) Five (5) passes witt�in a thirty �30) day period. Pass in this paragraph shall mean Company failing fo notifiy the City of its �nability to respond to a request for service as required by paragraph 2 above. j} Ten (10) pass�s wiihin a thirty (3D) day period. Pass in this paragrap.h shall mean a Campany notifying fhe City of its inability fo respond to a request for service as required by paragra�Y� 2 a�o�e. k) Violation of any rule or regulation contained in Exhibit "A" attacned hereto, I) Failure to comply with any sta�e or federal law or city ordinance related to the operation of a wrecker company. 7.2 . City shap notify Company in writing of its intent to terminate or sUs�end for cause twenty (20} days prior to such suspension or termination. Company shall hav� th� rignt to request a i�earing befor�: the Chief of Pofice or his designea Standai�l Wracker 9 Page 9 of 12 regardin� the intent to terminate or susp�nd far cause by req�esting a hearing in writing within five (5} business days after receipt of notice of intent to termina#e or suspend. A hearing shall be conducted within fifteen (15) days of the request for hearing. The City, in its sole discretion, may temporarily suspend this cantract during any appeals pracess. 7.3 In the evc�nt this contract is sus�ended for cause, the suspension st�a1l be for a period of time of not fess fihan six (6) months nor more than twelve {12) months. 7.4 ln th� event City s�s�ends or terminates this contract for cause, and the cause for such suspens�on or termination is determined to be invafid, Company's sole remedy shall be reinstatement af this contract. Company expressly waives any and a11 rights to monetary damages, including but not limited to actual ar�d punitive damages, court costs and attorney's fees. 8. WDEMNIF{CAT10N With regard to any liability which might arise hereunde�-, City and Company agree that they shall be sofely and exclusively liable for the neglEgence of its own ag�:nts, servants, subcontrac�ors and employees and that n�ither party sha[I [ook to the other parky to sa�e or hold it harmless far the cons�quences of any negligenc� on the part o�' one of its own agent, servant, subcontractor or employee. Nothing contained herein shall be construed to be a waiver �y City of any right of pratection that it enjoys under applicable State or �ederal law. 9. ASSIGNMENT Company sha�! not assign, transfer or sub�et this Contract or any porfiion hereof to any party without the prior written consent of City �hat shafi not be unreasonably withheld. Any such assignment, fransfer or sublettin� of thi5 Contract withoUt tl�e consent of ihe City shall be void and shall operate as a termination hereof. Stand'<il'fl Wl'eCicEi' 1O Page E 0 af ] 2 �a. ZONES AND ROTATION �IST 1Q.1 City shall divide the city into four (4) zones that shall correspond to the four (4) patrol divisions. Company sha{l be assigned to the zone or an adjacent zone ir� which it mainfains its �rincipal place of business. 1�.2 City shall create a rofation list within each of the faur {4) zones that will dictate th� order in which wrecker companies ar� contacted. � 0.3 City may request Company to cond�ct a police pull within any zone, and Company agrees to use i#s best effor�s to arrive at the scene of the police tow within thirty (30) minutes. 11. INDEPENDENT CONTRACTOR It is understood and agreed by the parkies hereto that Company shall perform all wor�C and services hereunder as an independent contractor, a�d not as an officer, agent, servant or employee of the City. Company shall have �xclusive cor�trol of and the exclusive rignt to control the d�tails af the work or service io be �erformed �er�under, and all persons performing same on behaif of Company, and shall be salely responsible for the acts and omissions ofi its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine flf respondeat superior shall not apply as between tne City and Company, its officers, agents, servants, employees, contrac�ors ar�d subcontractars, and nothing herein shall be construed as creating a partnership or joint venture between the partiss hereto. Standa��d Wrecker 11 Page 1 l of 12 , .. In witness whereof, the parties hereto have executed this Contract on the 1 �� day of , 20�� ATTEST: CITY 0� �ORT WOF�T"H : . M ' r _ - � ' 1 �'-- _ ,�. Gloria Peai�san City Secrefary � �, _ . -- '�-�. By� .L�ibby W�son Assistant City Manager APPROVED AS TO FORM AND LEGAtITY Assistant Ci Attor en y ATTEST: Corporate Secretary . _ �. . �, i �� �.w �; ' , _ 4 j � �'an��act� Authori�a�tiox� �F `,� � � '' �. �- � �ate Muracombi Enterprises Inc. dba ABC Wrecker & DFW Wrecker (Company Name} By: l� ��� Kath R� President � Y . Standard Wrecicer I2 Pa$e 12 oi' l2 ,�, �����i�ti� ������ �i� �������� ' �� '+�'�1��1R� _ ���? - � - - �����IT A AU'�`O F�LTl�TD The following rt�les �nd regulatiotis wili b� failowed 6y AL�, �Wrecicer Cnmpanies upon arrival at the Auio Pound. 1. The entry gate will not be blocked by wrecke�s waiting to e�zter or exit �he AL�ta Poitnd. 2. No wrecl�er shall enter tl�e Atiito Pouild vvitl�. ��ore than one (1) person/operator, u��less auti�o�-ized Uy the on duty shift supervisor, Tl�is �vvill be done on a case by case basis. 3. For safety rcasons, a Car Camer will be rec�uired to off load their cargo when possible. Tlus shall l�e dete�rninedUy tl�a ox� duty supervisor. 4. �iveiztori�s sllould l�e 1�andled i�� an e�peditious mann.er whe�i possible. I�owever, Auto Paund persoi��] are required to do a comp��te and precise inventory of al] prapei-�y and vellicles. A s�ecific tin7e franle waLild be unpossihle to ii�stihite. S. No wrecic�r driverioperator will assist witli a�Zy ii�ventoay being C011CIliCt�C� Uy A�ito Potuld persannel. 6, The use of Ca�' Can-iers, extra tiil�e, extra eqtiipment, etc., shall be sul�ject to approval Uy the Wrecker Adminzstrator or Auto Pau��d �upervisor. 7. Wrecicer drive�sloperaiorslowi�ers sliall Ue required to follaw any directions or instructions giveii by Auto Pauiid persannel. S. V�Ireclter Coinpany Owners shall assist and comply �rith any i�vestigation perfc�rmed by Auio Pouild persoxnlel or the Fort Wo�-th Police D�partrnent in regards to their com}�ax�.y, driver, operator and or business withoitt hesitation. 9. Vzfllatioiis of any of the above nil�s shall i�e suUject to review by the Wrecicer Admix�istrator or A.uto Pou�d Supervisar. Tl�e ALlta Pol�nd Supervisor ar a IZig�ier Ievel of coin�r�and n�.ay deteixrune discipluiary actinii up to and including te�-���znaiion of contract. City o� 1�'o�t T�Vo�rtlz, Texas cr��� ��d ������� �,.����n�c����n DATE REFERENCE NUMBER L�G NAME PAGE 418/03 ��1 �5e�,� I 35TOWS ` 1 of 2 sus.��cT SUPPLEMENTAL APPROPRIATION 4RDINANCE AND CONTRACTS FOR NON- . C�NSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORD[NANCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize contracis for Police D�partment requested nan-cansent towing of wrecked or abandan�d vehicles fram multiple vendors as required by Sectian 34-181 of the Code of the City of Fart Warth (1986), as amended, and 2. Authorize the contracis to begin April 8, 2003, ar�d expire September 30, 2003, wifh options to renew far four ad�itionaf one-year periods; and 3. Adapt the attached supplemental appropriatio� ordinance increasing estimated recei�ts a�d appropriatians by $446,944 in the General F�nd from a�ailable fiunds. DISCUSSION: 5ection 34-181 of the Code of the City of Fort Worth (1986}, as amended, required that a!I police depar#ment, non-cansent tows, shall lae undertaken pursuant to contract, specifiically exec�ted between the Cit� and a wrecker company. The Public Safeiy Committee extensively reviewed the new ra�es and unanim�usiy apprvved this recommendation on March 25, 2003. � T�ere are three types af cant�acts and rates as f�llows: � 5tandard tflw truc�s $100 � Ti�t bedlrollbac� tow trucks $925 � Tan�em fow truc�Cs $180 Contracts will be executed with any vendor desiring to pertorm r�on�consent tows for the Police Departm�nt, if they meet th� contract r�quirem�nts such as tawing operations being th� uendors primary business, equipmer�t specifica#ions, insc�rance, and a locally licensed storage faclity. The fees for serviees to be provided and assignment to one of four zones are the same as contained by City Cade. The estimated expenc�iture for these services is $� .$ million per year including the anticipated increase (o'f $446,944) for tf�e remainder of the fiscal year based on the re�ised rates. This increase will be offset by revenue caflected as fees. RENEWAL OPTIONS - These contracts may be renewed for up to faur successive one-year terms at the City's option. This action does not require specific City Council approval provided the City Council City of �'o�t Wo�t�t, 7'exas ����r �rr� ��u�n��! ������t�c�����t DAT� R�F'ERENC� NUIV�BER LOG IdAME PAG� ��s�o� �o� 9��� 35T�WS 2 of 2 su�.��cr SUPPLEMENTAL APPROPRIAT[ON ORDINANCE AND CONTRACTS FOR NON- C�NS�NT TOWING OF WRECK�D OR ABANDONED VEHICLES FROM MULT�PLE VENDORS REQUIRED BY CfTY �RDINANCE FOR THE POLICE DEPARTMENT has appropriated sufficient funds fo satisfy the City's obligation during the renewal term. FISCAI. IN�ORMATION/CERTIFICATION: The Finance Direcior c�rti#ies fihaf upon appraval and completion ofi the above recommer�dations and the adoption of the attached su�plemental appropriation ordinan�e, funcfs wi�l be a�ailable in the current operating budgei, as appropriated, of the General Fund. LW;r Su6mitted for City 1Vlanager's Oftice by: I FU]�D I ACCOUNT � � (t0) I GG09 539120 G 183 GGOi 462624 � 48386 I (from} GGO'E 539120 � 78262 � CENTER � AMOUNT 0353403 $446,944.00 0353403 $446,944.00 CITY S�CRETARY Libby Watson Originating �epartmenf 13exd: Ralph Mendoza Addit'ranal InfprmAtion Contact: Susan Alanis � N'PRQVED 44/�81�3 �353403 $446,944.00 ORD.# 15517