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HomeMy WebLinkAboutContract 286450 CONTRACT FOR TOW TRUCK SERVICE (TILT BEDIROLL BACK) ���� �������� g������� GC�NiRACT �!p , WHEREAS, the City of Fort Worth occasionally requires the services of tow trucks; and WHEREAS, sucn tow trucK services are necessary to protect the safety of the citizens of the City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafte� refarred to as "City", acting her�in by a�d through Libby Watson, its duly author�zed Assistant Gity Manager, and Postrac ]nc. dba Beard's Towina, hereinafter referre� to as "Company", acting herein by and through Mike Posf, its duly authorized President, agree as follows: �. SERVICES City hereby contracts with Company to provide po[ice pull towing service. As us�d herein, "police pulf" sl�all mean thaf the Fort Warth Palice Deparkment has called Company from fhe rotation list to either remove a wrecked or disabled �ehicle or to remove a �ehicle in a safe driving condition, but the orrvner is r�ot presenf, able or p�rmitt�d to drive or to make authorizations. � TERM The initial term o� this contract shall expire on Sepfemb�r 3Q, 2003. In addition ta the initial term of this contract, there shall be four o�tions to renew far ferms of one year each, unless earlier ferminated as hereinafter pro�ided. Renewal shall occUr upon City including in its budget for the options years sufficient funds to pay for its abligations hereunder and Company providir�g proof of insuranc� to City. 3. COMPENSATION 3.'1 Com�ensation. As compensation for providing the s�rvices contemplated by this Contract, City agrees to pay Company as follows: �����9�� ������ �I� ���������' � � ��� ���,+ ��� a) Towaae. A charge of one hundred twenty five dollars {$�25.Q0) for fowing such vehicle from ane pai�t on a streei to another location within the corporate limits of the cify as directed by the police officer at th� plac� where the tow originated; sucn charge includes ane-half hour of Extra Work. In tf�e event Company responds to the scene of a police pul! with a tilt bedlroll back trttck when tf�e police pull couid i�ave been accom�lished with a standard tow truc�C, Company shall be entitled to the reduced charge of One hundred dallars ($100.00). b} Second tow veh�cle. ln the event ihe police officer at the scene determines that a standard tow vehicle is required in addition to the tilt bedlroll back truck, a charge of One hundred Dollars ($�00.00} per hour, with a minimum cnarge of ane hour, bilfed in increments of fifteen (15) minutes while at the scene of the police pull. A police supervisor shall approve the use of a second tow trucK. Travel time is excluded. c} Extra work. An additiana� charge of �ne hundr�d dollars ($'f00.a0} per hour, wit1� a minimum charge of o�e hour, charged in increments of fifteen {� 5) minutes, for removing vehicles �hat are off the street right-of-way, such charge fo be made from the time tf�e operator begins io remove th� vehicle until if is on the traveled po�tion of the street. Even though the vehicle is within the street right-of-way, an addifiional charge may be made if fhe vehicle is Iflcated in some unusual conditian within the right-of-way, such as, but not limited to, a river or a cresk bed ar a ditcF� af greater depth than th� ordinary bar ditch. Extra work shall only be al�owed when authar�zed by a police officer at the scene of the pull. The charges for such extra work shall be reviewed and approved by the Aut� Pound Wrscicer Administrator. Extra work excludes travel time, waiting time, and clean-up time. d) Handiinq hazardous materials. Wf�en the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive material�, as defined by the Environmental Protection Agency, T�xas Department of Transportation, ar the Texas Commission on Environmenfai Quality, a fee equal to one hundred-fifty (150) p�rcent of the cY�arges Tilt Wrecker � Page 2 of l2 1 � permitted under subparagraph "a" above. in addition, a charge may be made for expenses �ncurred related to �rotec�iv� clothing and any other supplies or equipment used in handling such materials, such cf�arge being equal to the actual amounts incurred plus fifteen (1 �) percent. e) Nothing contained herein shall be construed so as to obligate City to expend any sums of money except for work actualiy performed, F�rther, nothing contained herein sha11 be construed so as to g�arantee that City will contact Company for any towing service contemplated by this Contract. 3.2 lnvoicinq and Pavment. Company shal[ lnvoice City once per month. Company shall include with fhe in�oice such �ocuments as may be reasonably requested to provide evidence of the services provided fo the City, which af a minimum shall include copies of �he wrecker selection form signed by ihe offiicer ai the scene of �l�e �olice �ull andlor personnel at the Fort Wort� Auto Pound. Such invoice shall be subject to the review and approval of appropri�te City personnel, City shall remit payment to Company nat more fhan thir�y (30) days foflowing approval of invoice. 3.3 Compensation Review. City shall review on an ann�al bas�s the compensation provided for hereunder, with the first such re�iew to be conducted during the month of August 2003. Similar reviews shall occur in August of each succeeding year that this contract is in effec#. City sha11 make adjustments in the compensation based upon increases or decreases in the cost of doing business, taking into considerafion fuel, insurance, labor, and such other costs as may be rele�ant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the following veh�cles and equipment ir� working condition: a) A minimum of one (1) tilt bedlroll back dual rear wh�el wrec�Cer rated at nat less than �A�,000 pounds gross vehicle weight. b) At a minimum, alE wreckers sha[I �e equip�ed with the following equipment, which at all times sha11 be maintained in working order: 'cilt wrecker P��� 3 or iz 3 i + 1) 2) 3} 4) 5) 6) 7) 8) 9) �0) 11) 12) � 3} 14) � 5) Tow bar Towing lights Emergency overhead warning lights {red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors or traffic cones Trash container Two way voice or computer communication between tow fruck and Company dispatcher Backing warning signals Wheel chocks Traffic cones c) Each wreck�r shall have the identifying markings required by the Texas Transpor�ation Code, section G42.402. In addition, each wrecker shall provide Notice of Complaint Procedures fo the owner af a towed vehicle as outlined by the Texas Departm�nt of Transportatian Rules and Regulatians as contained in 43 Texas Administrafive Code, Chapter �8, subchapter 18.89, as same may be amended from time to time. d} Each tow truck arid the required equipment shall be inspected by the Chief of Pofice or his au�horized designee prior to being used for services contemplated by this contract. In additian, each tow truck and the required equipment shall be subject ta intermittent inspec#ion to assure �ompliance with this contract. Tilt Wrecker Pagc 4 af l2 � r � INSURANCE REQUIREMENTS Company shall maintain insurance of the foElowing types and amounts firom ins�rers acceptable to the Cify: 5.� Commercial Genera[ Liabifiiy $500,000 each occurrence $500,000 aggregate or Garage I�iabiiity $5Q0,000 each accident, other than auto $500,000 aggregate 5.2 Automobile Liability $50(},OOQ each acciden#, combined single fimit This co�erage shall include a1{ vehicles owned or non-owned that are operating under Company's opera�ing authority. 5.3 CargolOn�Hook $3D,000 per unit Coverage shall include both the unit being tow�d and its contents. Units covered shall include but nat be limited to motor vehicies, trailers and boats. Coverag�; shall be written on a direct primary basis. 5.4 GARAG�KEEF'�R'S LIA�ILITY $30,000 p�r unit 5.� Worker's CompensationlAccident Insurance Coverage shall meet the minimum requiremer�ts of state law as con- tained in the Motor Carrier Rules and Regulations. 5.6 Current insurance cer�ificates shall remain on file with the City during the term ofi this Contract. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30} days prior written notic� to Company. Policies shall be endorsed as follaws: Tilt Wrecicer Page 5 of 12 5 a} Th�e City, its officers, employees and servants shall be e�dorsed as an additional insured on all palicies except employer's liability insura�tce coverage under the workers' compensation insurance policy. b} Certificates of insurance shall be delivered to fhe supervisor of the City of Fort Worth Auto Pound, 1301 E. Norfhside Drive, Fort Wortn, TX 76102, prior to any vvork being performed under this contract. c) Any failure on part of th� City to request required insurance documentation shall not consfitute a waiver af the insurance requirements specif�ed herein. d} Each insurance policy shall be endorsed to provide tne City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or coverage. A ten days notice shafl be acce�table in the event of non-payment af premium. e) Insurers m�st be authorized fo do business in th� State of Texas and have a current A.M. Best rating of A: Vll or equi�al�nt meas�re of financial strength an� solvency. f) Deductible limi�s, or self-funded retanfiion limits, on each palicy must not exceed $10,OflQ.QO per occurrence unless otherwise approved by the City. g) �ther than worker's compensation insurance, in fieu of traditional insurance, City may consider aiternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approv� in writing any alternative coverage. h) Workers' campensation insurance policy{s) co�ering employees snall be endorsed with a waiver of subrogation providi�g rights of recovery in favar flf the City. i) City shall not be responsible for the direc# paym�nt of insurance premium costs. j} Insurance po[icies shall each be endorsed to provide that such insura�ce is primary protection and any self-funded or commerciaf co�erage maintained by City shall not be calfed upon to contribute to loss recovery. 7"i]t Wrecker Page G of 12 � , � Q DUTiES AND RESPONSIBILITIES OF COMPANY k) Company sha�l report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property �oss. I) Company's liability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Company shall pro�ide complete copies of all insurance policies required by these contract documents. 5.7 Irt the event a s�ate or federa[ 1aw, rule or regulation pertaining to wrecker service compani�s operating within the State of Texas exceed insurance requiremenfs specified herein, such state or federal law, rule or regulation shall prevail for the respecfive type of insurance coverage andlor limit thereof. Company, during the term of this contracf, shall perform the fallowing duties and have the following responsibilities: a) Maintai� as its primary business the towing of �ehicl�s or trailers by wreckers meeting �he requirements of paragraphs 4(a} and 4(b} abave. "Primary business° shall mean fhat Company recei�es mo�e than fifty per- cent (50%} of it gross revenues from the towing of vehicles and trail�rs. All of company's records shall be open to reasonable inspection, both at the time of execution of this a�r�ement and at any time during the term hereof, to verify compliance with this condition. b) Maintain a currently {icensed �ehicle sforage facility located within the corporate limits of the City. "Vehicle storage facility" shall mean a facility operated by a person under Article 6687-9a, Revised Statutes. c) Maintain business operaiion fwenty-faur (24) hours a day, seven days per wee�C. d) Respond fo all calls contemplated �y this contract within thirty {30} minutes of notifiication, exce�t in extraordinary situations where delay is caused by ice, snow, or oth�r weafher r�lated canditions. ln the event Company fails to �'1�l W3'@C�S�1' Page 7 oC 12 � � 1 respond as required, City may notifiy another wrecker compar�y and Company shall not be entitled to the compensatian to which it would have been entitled had it arrived tim�ly. e) Maintain on fife with fhe City the name of the owner, president or ehief executive officer, business address and tefephone number; further Company shali notify the City of any change of ownershi�, president or chief executive officer, or change of ad�ress within five (5) bus�ness days of any such change. f) Deli�er the motor vehicle being towed to the IocatEon withir� the corporate limifs of City designated by the pofice officer at the scene vf the pul[. �elivery shall be made witha�t delay or detour. g) Fully cooperate with any in�estigation eonducted by the City regarding complaints against Com�any, whether or not such complaints a�ise out of services contemplated by this Confract. h} Shal{ not become delinquent in the payment of any taxes d�e to City. i) Shall no# go to any acci�ent scene unless the Company i�as been cafled to the scene by the owner or operator of a vehicle or an a�thorized representative of same, or by the City. j) Completely remove all debris resulting from any accident to w�ich the Company is responding. Removal of debris shall not be considered com�lete by merely sweeping it to the curbline. k} Shall not solicit any wrecker business within the corporate limits of City at the scene of a wrecked or disabled vehicle, r�gardless of whether the salicitation is for the purpose of solici�ing the business of towing, repairing, wrecking, storing, trading, or purchasing the �ehicle. I} ShaE1 only emplay drivers af tow trucks authorized to operate same. m)Provide the Police Pound personnel with an invoice at fihe time the �ehicle is delivered to the Auto Pound together with the signed wrecker selection form to be provided. Till Wrecker Page 8 of 12 $ � 7. TERMINATION AN❑ SUSPENSION 7.1 This contract may be terminated or suspende� by the City for any of th� following causes: a} Violation of any term or condition specifie� in this contract. . b} Failure to notify fhe Communications Division of the Police Department within fifteen (� 5) minutes from tne time of notification if the Company will be unable to respond within the thirty (30} minutes allotted fior a response to a wrecker call. c} Permitting a tow truck to be pperated by anyone while under the influence of afcohol andlor drugs. d) Permitting a tow truck fo b� op�rated by anyone whose operatnr's licensa is suspended. e) Transferring or assigning any call for serrrice to a�y other company f) Any sustained complaint of theft by personnel of Company while acting in their capacity as employees of Company, whefher occurring during a�alice pull or otherwise. g) Any s�stained complaint of threats made by personnel of the Compar�y wY�ife acting in their capacity as employees of Company made against fhird parties d�ring a police pulf or otherwise. h) Failing to comply with all directions of pofice personnel at the scene of a Police �ull or civilian or police personnel at the Po[ice Auto , Pound. Company may request a palice supervisor to �alidate any such direction given. i} Failure to comp{y with any state or federal iaw or city ordinance related to the operation of a wrecker company. j) Five (5) passes within a thirty (30) day period. Pass in this paragrap� shall m�an Company fai[ing to natify the City of its inability to respond to a request for service as required by paragraph 2 above. T�it w��e�k�T Page 9 of 12 9 0 k) Ten (10) passes within a thirty (30) day period. Pass in this paragraph shall mean a Company notifying ihe City of its inability to respottd to a reques# for se�vice a� requir�d by paragraph 2 above. I) Vialation of any rule or regulation canfained ir� Exhibit "A" attached hereto. 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 terminaiion. Company shall have the right fo request a hearing b�fore the Chief of Police or his designee regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of notice of intent to terminate or s�as�end. A hearing shall be conducted w�thin fifteen (15) days of the request for hearing. The City, in its sole discretion, may femporarily suspend tnis contract during any appeals process. 7.3 In th� event this contract is suspended for cause, the suspension shall be for a p�riod of fime of not less than six (6} months nor more than twelve (� 2) months. 7.4 ln fhe event Cify suspends or terminates this contract for cause, and the cause for such suspension or termination is determined to be invalid, Com�any's sole remedy shall be reinstatem�nt of fhis contract. Company expressly waives any and all rights io monetary damages, including but not limi�ed ta actua� and punitive damages, court costs and attorney's fees. 8. INDEMNIFICATION With regard to a�y lia�ility which might arise hereunder, City and Customer �gree that they shall b� solely and exclusively [iable for the negligence of its own agents, servants, subcontractors and employees and that neither party shall look to the oth�r party to save or hold it harmless for the consequences of any negligence on the park of one of its own agent, servant, subcon#raetor or empioyee. Nothing cantained herein shall be construed to be a wa�ver by City of any right of protectian that it enjoys under applicable State or Federal law. Tilt Wrecicer Paoe 10 of 12 1� � ASSIGNMENT Company shall not assign, transfer ar sublet this Contracf or any portion hereof to any party without the prior wri�ten consent of City that shall not be unreasonably withheld. Any such assignment, transfer or subletting of �his Contract shafl be void and shall o�erate as a termination hereof. � Q. ZONES AND ROTATION LIST A. City shall divide the city info four (4) zones that shall correspond to the four (4) pafrol divisions. Company snall be assigned tp the zone or an adjaceni zane in whic}� it maintains its principal place of �usiness. B. Cify shall create a rotation list within each of the four {4) zones that will dictate the order in which wrecker companies are contacted. G. City may request Campany to conduct a police pull within any zone, and Company agrees to use its �es� effarts to arrive at the scene of the police puil within thirty (3Q} minutes. 11. INDEPENDENT CONTRAGTOR It is understood and agreed by the parties hereto �hat Company shal! p�rForm all work an� services hereunder as an independent contractor, and not as an officer, agent, servant or employee of tf�e City. Company shall have exclt�sive control of and the exclusive right fo control the detaiis of tf�e work or service to be performed hereunder, and all persons performing same on behalf of Company, and shall be solely responsible for the acts and omissions of its ofFicers, agents, servants, emplayees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between the City and Company, its afficers, agents, s�rvants, employees, contractors and subcontractors, and nofhing herein shall be canstrued as creating a partnership or joint �enture between the parti�s hereto. In witn�ss whereof, fhe parties Y�ereto have executed this Contracf on the � �''� day of , 20Q3 7'ilt Wrecker 11 Puge 1 l oC 12 r ATTF.�iT: y " ' r � _ _ �_ �_ � � -�-r- Gloria Pearson City Secretary APPR01/ED AS TO FORM AND LEGALITY _ � ssistant ity A#torney ATTEST: Corparate Secretary CITY.�' �'�RT W�'RTH �; /, _ � '�ibby ��tson Assist'�n# City Manager � i t > ,l `# `-f' contra t �uthorixatiqrs --Y,_.__ ��0�-. .�.._ --- ���� Postrac Inc. dba Beard's Towing (Company Name) By: . �. � t � "� M�ke Post, President �� ������� �'����� , ���. Tilt 4Vreeker Page 12 of 12 z2 �.�.��.�� � �. � ; II I �!� �'� �? � 1vI� �'�e f�fl8owa��g �a�les �s�� re�����iaY�s vviFl be ffo&flovv�d 6�y �..�, �a�'o'r����� C�u�p�nnes �a�om ��-rival �f f�e t�uto Pa��a�. L T11e entry gate r�vill not Ue blociced Uy wrecicers waiii.ilg to enter or exit the Auto Pou�.�.d. • 2. No wrecker shall eilter tlze Auta �ound with more t��an one (1} ��ersonJoperatar, unless au.tlsorized 1�y t�e a�1 duty sZvft super�visor. Tlus wiil be do�e oii a case by c�s� baszs. 3. For safety reasons, a Car Cai1-ier will be req�tired to off load �eu cargo when possible. This sliall be detennined Uy Yhe on duty sup�rvisor. 4, Inveiltories sllould Ue ha�.dled 'ui an expeditiaus mant�er when possible. However, Auto Pound �ersoi�zel are requued to da a coinplete and precise iz�venkory of all property a��d velaicles•. A specif'ic ti�ve fra�x�e would be impassible to institute. 5. No wrecicer driver/operator wil� assist wit� any i��ventoiy being cond.ucted by A�.rto Poux�d perso��zel. 6. The use of Car Caizier�s, extra tir�ie, exfra ec�tiipf�eilt, etc., shall l�e subject to ap�raval Uy tl�e Wreclter Aci�iinis�'ator or Auto Poui�d �upervisor. '�. �7d'recicer drivers/o�erators/owners shall l�e required to follow any di�ections or insri•uctions giveii by Atito Po�znd pe�'saianel. 8. � Wrecicer CoXl�pai.�y Owners 5b.a.I� a55ISt ax�d comply with any investigation �erfanaied by Auta Potmd persouuel or tlle Fort Wort1� Folice Departinent in regards ta tl�ei� coinp�y, driver, operator and ar busine�s wiihout hesitation. 9. Vio�atioi�s of any o�' fl�e above i-ules shall b� sul�ject ta review l�y the Wrecicer Adl�ziuistrator or Auto Pound Supexvis�r, TIZe Auto Po�.t�zd Supei-visor ar a hi�I�er level of corrunaud X�.ay detertnine disciplinaiy actioii up �o and i�cludi�zg ten�u��ation of ca�.ttact. C'ity of .�'o�t T�ilo�th, TTexas � �y�� �nd ������Q �����n�c�t��� IJAT� F2EFEREI�ICE NUMBEFt LOG NAME PAGE 418/Q3 �n� g,���. 35T�WS 1 of 2 sus.��cY SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS �'OR NON- CONSENT TOWING O� WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY 4RDINANCE F�R THE POLICE DEPARTMENT , RECOMMENDATI�N: It is recammended tha# the City Council: 1. Authorize co�tracts far Palice Department requested non-consent towing o# wrecked or abandoned �ehicles from multiple vendors as �equired by Sectian 34-� 81 of the Cade of the Ci#y af Fort Warth (�986), as amended; and 2. Authorize the contracts to begin April 8, 2003, and expire 5epterr�ber 30, 2D03, wi�h options to renew for four additional one-year periods; and 3. Adopt th� attached supplemental appropriation ordinance increasing estimated receipts and appropriations by $446,944 in the General Fund �rain a�ailable f�nds. DISCUS510N: Sec#ion 34-181 of the Code of the City af F'o�t Worth (1986), as amended, required that all police departmenf, nan-cansent taws, shall be undertaken pursuant to contract, specifica[ly executed between the City a�d a wrecker company. The Public Safety Committee extensively reviewed the new rates and ur�animously approved this recommendation on March 25, 2Q03. There are three types o# contracts and rates as fallows: � Standard tow trucks ��aa � Tilt bedlrollback tow trucks $125 � Tandem tow trucks $180 Contracts will be executed with any vendor desiring #a �erform non-consent tows for the Pofice Department, if they meet the contract requirements s�ch as towing operatio�s being the vendors primary business, equipment specifications, insurance, and a lacally licensed storage facility. The fees for services ta be pro�ided and assignment ta one afi four zones are the same as contained by City Code. The estimated expenditure for these services is $1.8 million per y�ar inciuding �he anticipated increase (of $446,944} for the remainder of fhe fiscal year based on the revised rates. This increase will be offset by revenue collected as fees. RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms af the City`s o�tion. This action daes not require specific City Council ap�roval provided the City Couneil C`ity of �'ort �o�tl�, T'e.xas �1��� ��1� �����°�` ���'1�'1�11`��t�t���l DAT� I��FERENCE NUMBER LOG NAME PAGE �is�a3 �_� �5,�� ��Tows 2 of z sUB.��cT SUPP�EMENTAL APPRQPRIATION ORDINANCE AND GONTRACTS FOR NON- GONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY C[TY ORDINANCE �OR THE PC)LICE DEPARTMENT has appropriated suffici�nt fiunds to satisfy the Cify`s abligation during the renewal term. i FISCAL INFORMATIONICERTIFICATEON: The Finance Director certifies that upon approval and �ompletion of the above recommendations and the adoptian of the attached suppfemental apprapriatian ordinance, fun�s will be avai�able in the current operating budget, as apprapriated, of the General fiund. LW: r Suumitted for City Manager's Office by: I FUND � ACCOUI�T I CEN'I'�R . I �to� � GC�1 53912Q 0353403 6] 83 I GG�1 462624 0353403 I AMOUNT CITY S�CRETARY Lib6}� Watsan Originating Department Nead: Ralph iviendoza Additional Ioformatian Contact: Susan Alanis AS386 (from} GG01 53912b a353403 � 78262 I $�4�46, 944.00 $446, 944.00 � APPROVEb 04/0$143 $446,944.00 ORI?.# 15517