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HomeMy WebLinkAboutContract 28642ti-� -� �� .� q l . C!1 Y ��C�E�°A�1° ������r� �. 8 CONTRACT FOR TOW TRIJCK SERVICE {STANDARD SERVICE) WHEREAS, the C�ty of Fort Worth occasionally requires the services of tow trucfcs; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the City of Fort Worth, NOW, THERE�ORE, KNOW ALL BY THESE PRESENTS: The City of F'ori Worth, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Mana�er, and H& R Automotive Inc.. dba H& R Wrecker 5ervice, hereinafter referred ta as "Company", acting herein by and #hrough Herman Nieswiadomv, iis duly authorized President, agree as follows: 1. SERVICES City here�y cantracts with Company ta provide police pull towing servic�. As used herein, "polic� pull" shall mean that the �ort Worth Police Deparkment has cafled Company from the rotation list to �ither r�move a wrecked or disabled vehicle or to remov� a vehicle in a saf� driving condition, but the owner is not preser�t, able or permitt�d io drive or to make authorizations. 2. TERM The initial term of this contract shall expire on September 30, 2DQ3. ln addition to the initial term of this contract, there shaEl be fo�r options to renew for terms of one year each, unless earlier �erminated as hereinafter pro�ided. Renewa[ shall occur upon City including in its budget for the options years sufficient funds to pay for its obligations hereunder and Company providing proofi of insurance to City. 3. COMPENSATION � - 3.1 Comqensation. As campensation for providinc� ���tl��- contemplated by this Contract, City agrees to pay Cam�any as �allc��v�,• •s�r�ry��; , I Bi� : i � a) Towaqe. A charg� af �ne hundred Dollars ($100.00} fior towing such vehicle from on� point on a street ta another location within the corporate limits of the city as directed by the police department at the plac� wnere the tow a�iginated; such cY�arge includes one-half hour of extra work. b) Second taw truclt. In the event the �olice officer at the scene determines that a second tow trucf� is required, a charge of One hundred dollars ($�00.00} per hour, with a minimum charge of one hour, billed in increments ofi fifteen (15) minut�s whi{e at the scene of the police pull. A police supervisor shall ap�rove the use of a second tow truck. Travel time is excluded. c) Exira work. An additional charge of one hundre� dollars ($10�.00) per hour, with a minimum charge of one hour, charged in increments of fifteen {15) minutes, for removing vehicles that are off the street right-of-way, such c�arge to b� made from the fime the operator begins to remove th� vehicle until it is on the traveled portion ofi the street. E�en though the �ehicle is wiih'tn the street right-of-way, an additiona! charge may be made if the vehicle is [ocafed in some unusual condition within the right-of-way, such as, buf not limiied to, a river or a creek bed ar a difch of greater depth than th� ordinary bar ditch. Extra work shall only be allowe� when authorized by a police officer at the scene of the pull. T�� charges for such extra worK shall be reviewed and approved by the Auto Pound Wracker Administrator. Extra work excludes travel time, waiting time and clean-up time. d) Use of a dolfv. No additional f�e shall be charged for the use of a dolly. ej Handlinq hazardaus materials. When the cargo of any mo�or vehicle or trai{er i�cludes explosive, nuclear, radioactive, hazardous or corrosEve materials, as defined by the Environmental Protecfion Agency, Texas Department af Transportation, or the Texas Commission on Environmental Quality, a fee equal to one hundred-fifty (15a) percent of the ct�arges whieh may be assessed pursuar�t to subparagraph "a" abave. [n addition, a charge may be made for expenses incurred related to protective clofhing and any Standard Wrecker � Page 2 oC t2 e � other supplies or equipment used in handling such materials, such charge being eq�aal to the actual amounts incurred plus fifteen (15) percent. f) Nothing contained herein shall be construed so as to obligafe City to ex�end any sums af money. Further, nothing contained herein sha[l be construed so as to guarantee to Company that City will contact Compar�y for any towing services cpntemplated by this Contract. 3.2 lnvoicina and Pavment. Company shall ]n�aice City once per montl�. Company shafl include wi�h the invaice such documents as may be reasonably requestec{ to provide evid�nce af the s�rvices provided to the City, which at a minimum shall inc[ude copies of the wrecker selection form signed by fhe officer at the scene of the police pull andlor personnel at the For� Workh At�ta Pound. Such invoice shall be subject to the r�view and approvaf af appropriate Ci�y personnel. City shali remit payment to Company not more than thirty (30) days following approval of invoic�. 3.3 Compensation Review. City shall review on an annual basis the compensation provided far hereunde�, with the first such re�iew to be conducted during the mon#h of Augusf 2003. Similar re�iews shal� occur in August of each succeeding year that this contrac# is in effect. City shall make adjustments in the compensation bas�d upon irtcreases or decreases in the cast of doing business, taking into consideration fuel, insurance, fabor, and such other costs as may b� relevant to the operation of a towing business. �. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at a[l �imes the fo�lowing vehicles and equipmenf in working condition: a) A minimum of two (2) wreckers, one of which shall be not Iess #han 14,000 pounds gross vehicle weight and one of which shall be not less than 10,000 pounds gross vehicle weight, dual rear wheels, equipped with a hydraulic operated winch, winch I�nes, and a boom rated at r�ot less than 8,Q0� pound lift capacity and a wheel lift device rated at not less than 2,500 pounds. St�ndard Wrecker 3 Pagc 3 of 12 r 1 b) At a minimum, al] wreckers shall be equipped with the following equipment, which at all times shall be maintained in working order: �} 2) 3) 4) 5) 6} 7) 8} 9) 10} 11) � 2) 13} �4� Tow bar Towing lights Emergency overhead warning lights (red or amber color only) Safety chain Fire extinguisher, A.B.C. Type W recking bar Braom Ax Shavel Reflectars or traffic cones Trash container Two way voice or computer communication between tow truck and Com�any dispatcher Backing warning signal Wheel chocks c) Each wrecker shall have the identifying markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall pravide Notice af CampEaint Procedures to ihe owner of a towed vehicle as aut[ined by the Texas Department of Transportation Rules and Regulations as confained in 43 Texas Administrafive Code, Chapter 18, subchapter 18.89, as same may be amended �rom time to time. �) Each tow truck and the required equipm�nt shall be [nspected by the Chief af Police or his authorized designee priflr to being us�d for serv[ces contemplafed by this contract. In addition, eacYt tow truck and the required equipmer�t shalf be subject to intermittent inspection fo assure compliance with this confiract. Standard Wrecker � Page 4 of l2 r � �. INSURANCE REQUIREMENTS Company shall maintain insurance from ins�rers acceptable to C�ty of the following types and amounts: 5.1 Commercial General �iabilify $50Q,OQ0 each occurrence $500,000 aggregate ar Garage �iability $500,000 each accident, other than auto $S�O,Oa� aggregate 5.2 Automobile �.iabiiity $500,000 eaeh accident, combined single limit This coverage shall include all vehicles owned or non-owned that are operating under Gompany's op�rating authority. 5.3 CargolOn�Hook $34,000 per unit Coverage shall include both the unit being towed and its contents. Ur�its covered shall include but not be limited to motor �ehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 GA�iAC�K����R'S �EA�I�IiY $30,OQ0 per unit 5.5 Worker's CompensationlAccident Insurance Caverage shall meet the minimum requirements of state law as con� tained ir� the Motor Carrier Rules and Regulations. �.6 Current insurance certificates shall r�main on file with the City during the ferm of this Contract. Insurance caverage may, at the sale discrefion of the City, be revised upward upon thirty (30} days prior written notice to Company. Policies shall be endorsed as follows; Stnndard Wrecker S Page 5 of l 2 1 � a} The City, its officers, employees and servants shall be en�orsed as. an additional insured on all policies except employer"s liability insurance coverage under fhe workers' compensation insurance policy. b) Certificates of insurance shall be delivered ta the supervisor of fhe City of Fort Worth Auto Pound, 1301 E. Narthside Drive, Fort Worth, TX 76102, prior to any work being �erforme� under this contract. c) Any faiEure an part of the City to request required insurance documentation shall not constitute a waiver of f�e insurance requirements specified h�rein. d) Each inst�rance policy shall �e en�arsed fo provide the City a minimum thir�y days notice of cancellatian, non-renewal, andlor material c�ange in po�icy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e) Insurers must be authorized to do business in the Sta�e of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f} Deductible limits, or self-funded retention {imits, an each poCicy must not exce�d $10,000.00 per accurrence unless oiherwise appro�ed by the City. g) �ther than worker's compensatior� insurance, in [ieu of traditiona! insurance, City may consider alternative coverage or risk treatment measures thraugh insurance pools or risk retentio� groups. The City must appro�e in writing any alternative coverage. h) Workers' compensation �nsurance policy(s) covering em�loyees shall be endorsed with a waiver of subrogatian providing rights of recovery in favor of the City. i) City shall not be responsible for the direct �ayment of insurar�ce premium costs. j} Insurance polic�es shail each be endorse� to pro�ide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upo� to contribute to loss recovery. 5laodard Wrecker ( Page 6 aF 12 , , k) Company shafl report, in a timeky manner, to City's officially designated contract administrator any known loss occurrenc� which could give rise to a liabi�ity claim or lawsuit or vuhich could result in a property loss. I) Company's liability shall not be limited to the specifiied amounfs of insurance required herei�. mj Upon the request of City, Compar�y shall provide complete copies of all insurance policies required by these cantract documents. 5.7 ln the event a state or federal law, rule or regulation perkaining to wrecker service companies operating within the State of Texas exceed insurance requirements specified herein, such state or federal law, rule or regulafian shall prevail far the respective type of insurance coverage andlor limit thereof. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shall perform the following dut3es an� have the following r�sponsibilities: a) Mainta�n as its primary business the towing of vehicles or trailers by wreckers meeting the requirements of paragraphs 4(a} and 4(b) above. "Primary busin�ss" shall mea� that Company �-eceives more than fifty per-cent (5Q%) of it gross revenues from fhe towing af vehicles and trai�ers. All of company's records shall be apen to r�asonable inspectiort, both at the time of executian of this agreement and at any time during the t�rm hereof, to verify compliance wifh this condition. b} Maintain a currently licensed �ehicle storage facility located within the corporate limits of fhe Cifiy. "Vehicle storage facility" shall mean a facility operated by a p�rson licensed under Article �687-9a, Revised 5tatutes. c) Maintain business operation twenty-four (2�} hours a day, seven days per wee€c. d) Respond to all calls cantemplated �y this contract within thirky {30) minutes af notification, except in extraordinary sifuations where delay is caused by ice, snow or other weather related conditions. In the eve;nt Company fails to respond as required, City may notify another wrecker company and Company StAndard Wrecl<ar 7 Page 7 of f 2 ! � shalf not be entitled to the compensation to which it woufd hav� �een entitle� had it arrived timely. e) Maintain on file with the City the name of the owner, president or c�ief execut�ve officer, business address, and telephone number; further, Gompany shall notify the City of any change af ownershi�, presidenf or chief executive ofFicer, or change of address within five (5) business days of any such change. f} Delivc;r the motor �ehicle being towed to the lacation within the corporate limifs of City designated by the police officer at tha scene of the pull. Del�very shall be made without d�lay or d�tour, g} Fu[ly cooperate with any investigation conducted by the City regarding complaints against Company, whether or not such complaints arise out of services cantemplated by this Contract. h) Shall not become delinqu�nt in th� payment af any taxes due to City. i} Shaf{ not go to any accident scene unless the Company has been called to the scene by the owner or op�rator of a veY�ic[e or an authorized representative of same, or by the City. j} Compl�tely remove all debris resuEting from any accident to which the Company is r�spondi�g. Remaval of debris shall not be considered complet� by merely swe��ing it to the curbline. k) Shalf not solicit any wrecker business within the corporate limits o� C�ty at the scene of a wrecked or disab[ed vehicle, regardless of wnefher the solicitation is #or the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the �ehicie. I) Shafl anly employ drivers of tow trucks au#horized to aperate same. m) Provide the Police Pound personn�l wi�h an invoice at the time �he vehicle is delivered to #he Auto Pound tagether wifh the signed wrecker selection form to be pro�ided. 7. TERMINATfON AND SUSPENS[ON 7.� This contract may be terminated or suspended by City far any of the fallowing causes: Siandard Wrecker $ Page $ pC 12 0 a} Vio�ation af any term andlor con�ition specified in this contract. b) Failur� to notify the Communicatians Division of #he Police ❑epartment within fifteen (15j minutes from fhe time of notification if fhe Company will be unable to respond within ihe thirty (30) minutes allotted for a response to a call far wrecEcer service. c) Permitting a tow truck to be o�era#ed by anyone while under the influence of alcohol andlor drugs. d) Permit�ing a tow truck to be operated by anyone whose operator's license is suspended. e) Transferring or assigning any call for serviee to any other company f) Any sustained compla�nt of theft by personnel of Company while acting in their capacity as employees of Company, whether occurri�g during a police puil or otherwise. g) Any sustained complair�t of thr�ats ma�e by personnel of #he Company while acting in their capacity as employees of Company made against third parties during a police pull ar ofiherwise. h} Failing to camply with al! directions of police personnel at �he scene of a polic� ptall or civilian employee at the Police Pound. Company may req�e5t a poCice supervisor to �alidate any such direction gi�en. i) Five (5) passes within a thirty (30} day period. Pass in this paragra�h shall mean Company failing to notify the City of its inability to respond to a request for service as required by paragraph 2 above. j) Ten (10) passes within a thir�y (30) day period. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a request for service as required by paragraph 2 abo�e. k} Violation of any ru[e or regulation cantained in Exhibit "A"' attached hereio. I) Failure to camply with any state or fiederal law or city ordinance related to the operatian of a wrecker company. 7.2 City shall r�afify Company in writing of its intent to terminate or suspend for ca�se twenty (20} days prior to such suspension or �ermination. Company shall have the right fo request a hearing before the Chief of Pofice or his �esignee Standard Wrecker [� P�ge 9 of 12 regarding the intent to terminate or suspend for cause by r�questing a hearing in writing within five �5) business days after receipt of notice of inteni to terminate or suspend. A hearing shall be conducted within fifteen (� 5) days of the request for hearing. Th�e City, in ifs sole discretion, may temporarily suspend this contracf during any appeals process. 7.3 ln the event this cantract is suspended for cause, the suspension shall be for a period of time of not less �than six (6) months nor more than twefve (12) months. T.4 In the event City suspends ar terminates this contract for caus�, and the cause for such suspension or iermination is determined to be invalid, Company's sole remedy shall be reinstatement of this contract. Company expressly waives any and all rights ta monetary damages, including but nqt limited to act�al and punitive dama�es, coUrt costs and atfiarney's f��s. 8. INDEMNI�ICATI�N With regard to any fiabilify whic� might arise hereunder, City and Company agr�e that they shafl be soleiy and exclusively liable for the negligence of its own agents, servants, subcontractors and employe�s and that neither party sha�1 look to the other party to save or hold it i�armless for the consequencss of any negligence on the pari of on� of its own agent, servant, subcontractor or employee. Nothing contained herein shall be construed to be a waiver by City af any right of protectian that it enjoys under applicable State or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Gontract or any porkion hereof to any �arty without the prior written consent of City that shall not be unreasonably withheld. Any such assignment, transfer or subletting of this Co�tract withaut the consent of the City shall be void and shall operate as a terminatian hereof. 5tandard Wrecker 10 Page 10 of l2 10. ZONES AND ROTATI�N LIST 10.1 City sf�all divide the city into four (4) zones that sha11 correspond to the faur (4) 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 rotation {ist within each of the four {4) zones that will dictate the order in which wrecker campanies are contacte�. 1 a.3 City may request Company to conduct a police pull within any zone, and Company agrec;s to use its best effarts to arrive at the scene of fhe police tow within th�rty (30) minutes. 1�. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Campany shall perform all work and services t�ereunder as an independ�nt contractor, and not as an officer, agent, servant or emp�oyee af the City. Company shall have exclusive control of and the exclusive right to contral the details of the work or service io be performed hereunder, and all persons performing same on beha{f of Company, and shall be solely responsible for the acts and omissions of its officers, agents, servants, em�layees, contractors, subcontractors, licensees and invit��s. The doctrine of r�spondeat superior shall not a�ply as between tl�e City and Company, its off�cers, ag�nts, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between the parties nereto. Standard Wrecker 11 Page i l oC 12 In witness whereof, the parties hereio F�ave executed this Contract on the ��� day of �AJ� , 20�3. - � ATTf ST: CIT,Y, � 1-ORT V�F(�RfH �'�^' • i I -�� ,:. ��-� B�� � �. _ :- Gloria Pe�rson � � i�ll��son City Secre�ary Assistar�# City Manager APPR4VED AS TO FORM AND LEGALITY � Assi sta nt�C it,�torney ATTEST; Corporate Secretary :�i- i _ .�. � c:�i �� �� ��an�r�c uthori ation C � � �' � � - � � � � � t�ate H& R Automotive 1nc., dba H & R Wreck�r Service (Company Narne) /t n � By: ��1�- Herman Nieswiadomy, President �� v���'�r��!�l �������U � ��� �������� ��� �:'��'����, g��, Standard N'eecker 1� Page l2 ot' l2 ��I-��IT � �� 1'I'� ��YJl�TI� The following rules ntxd regulatians will be �'ollowed by ALL �Vrecicer Companies uptin arrival at the Auto Pound. 1. The e�iry gatie �viil not Ue biociced by wreclfers waiting to enter or exif t1�e Auto Poluid. 2. Na wrecker sllall enter tlze Auta Paund with ��ore than one (l) personioperator, unles� authorized by �lie on duty shift supeivisor. This will be do�e on a case by case basis. ;. For safety reasoiis, a Car Carrier will be required to aff load their cargo wvhen passible. Tlv s shall be dete�znined by tlze on duty supervisor. 4. Inventaries shotiild be ha�ldled in arx expeditious manner when possible. Hawever, Auta Pound personnel are �-equirec� ta do a co�r�plete a��d precise inventory of a11 �ro�erty and vellicles. A specific tiine franie would be unpossible to znstitute. �. No wrecicer diiverloperator will assist with any iil�rentary bein� coilducfed Uy Auto Poluld persoilnel. 6. Tl1e use Qf Car Ca�7�iers, exira ti�-ne, exira equipmeilt, etc., shall be snbject to ap�roval l�y tlie Wrecker Adi�inistrator or Auto Po�u�d Supervisor. 7. Wrecker dz-ivers/operatorslowi�ers shall l�e rec�uired to follow any directioils ar u7structians giveill�y Au�o Pa�u�d persannel. 8. Wrecker Coixz�ar�y Owileis sl�al� assist alid conzply v�,�it�� any investigation pe�•fonzied by Auto PoLYnd persomlel or ihe Fort Wortli Police Depat�fine�it in regards to tl�eir company, driver, operator and or business without hesiia�ion. 9, Violatians of any of tlle above iules sI1aI1 be subject to review by tlae Wrecker Adu-unishator or Auto Pound Supervzsor. The Auta Pottnd Sllpervisor or a lugher level of coinmalid �l�.ay detennin� disciplinasy actioi� up to and ii�cluding terniinaiion of contract. 1 1 , � C'ity o��`o�� �'o�th9 �'exacs �y��r �r�� �����e�Q ������7�����n DATE REFERENCE NUMBER ' LOG NAM� I'AGE 418103 �_� ���,� 35TOW5 1 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS F�R N�N- CONSENT TOINING O� WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY C1TY ORDINANCE FOR THE POLICE D�PARTMENT RECOMMEN�ATION: It is recommended that t�e City Cauncil: Autharize contrac#s fior Pofice D�partment requested non-consent towir�g of wreciced or abandoned �ehic�es fram multiple vendors as required by Section 34-181 of the Co�e of th� Gity of Fork Worth (1986), as amended; and 2. Authorize fhe contracts ta begin April 8, 2003, and expire September 30, 2003, with options ta renew for four a�ditional one-year pefiods; and 3. A�opt the attached supplemental appropriatian ordinance increasing estimated receipts and appropriaiions by $446,944 in the General F�and from available funds. DISCUSSION: Section 34-181 of the Code of the City of Fort Wo�th (1986), as amended, required that all palice department, non-consent tows, s�all be underta�en pUrs�ant ta contract, specifically execufed between the Ciiy and a wrecker campany. The Public 5afety Committee ex#ensiWely reviewed the new rates and unanimously approved this recammendation an March 25, 2003. There are three types of contracts and rates as follows: � Standard tow trucl�s $1 DO ' Tilf bedlrollback tow truc4�s $125 • Tandem taw truc�s $180 Contracts wiil be executed with any ►�endor desiring to perform non-consent tows for the Police Department, if they meet �he contraci requirements such as towir�g operatians being the vendors primary business, e�uipment specifications, insurance, and a locally licensed storage facility. The fees for services to be provided and assignment ta one of faur zones are the same as contained by City Cade. The estimated expenditure for these services is $1.8 million per year including tl�� anticipaied increase (of $446,944} fo� the remainder of the fiscal year based or� the revised rates. This increase wil{ be offset by re�enue cvllected as fees. - RENEWAL OPTIONS - These contracts may be renewed far up to faur successi�e one-year ferms at the City's option. This action does nat require specific City Cauncif appro�al pro�i�ed the City Council �ity o� .�ort T�o�th, Z"exas _ �y�� ��d �c��rn��l ����un;c�t;�n DAT� REFERENCE NUMBER LOG NAM� PAGE 418103 �_1 ���e� 35TOWS 2 of 2 SUBJECT SUPPL�MENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON� CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE �OR THE POLICE DEPARTMENT has apprapriat�d sufficient funds to satisfy �he City`s obligation during the renewal term. F�SCAL INFORMATION/CERTIFICATION: The �inance Director certifiies that upon approval and completion of the above rec�mmendatians ar�d the adoption of fhe at.tached suppl�mentai apprapriation ordinance, funds will be a�ailable in the current operating budget, as appropriate�, of the General Fund. tW:r Submitted for City Manager's Office by: I FUND I ACCOUI�T I I (to) � GG01 53912D 61$3 I GGD1 462624 C�NTER � AMO[)NT 03534Q3 $446,944.00 0353403 $446,944.Oa CITY SECRETARi' Libby Watson Originating Depart�nent Head: Ra]ph Mendoza Additional Information Cootact: �8356 � (from) I GG01 539120 I APPROVBD 04/08/03 0353403 $446,944.0(} � ORII,# 15517 Susan Alanis 7S2b2 I