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HomeMy WebLinkAboutContract 28646� � I � �CIiY ��C��'�A�1� CONTRACT �OR TOW TRUCK SERV1��1��R��T �. (STANDARD SERVECE} WHEREAS, the City af Fort Wo�th occasionally requires the se�vices of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the Cify of Fort Wo�th, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: Th� City af Fort Worth, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Postrac 1nc. d�a Beard's Towina, hereinafter referred to as "Company", acting herein by and thro�gh Mike Post, its duly authorized Presid�ni, agree as follows: �. SERVICES City hereby contracts with Company to provide po[ice pu[I towing service. As used herein, "police pull" shall mean that the Fort Worth Police De�artment has called Company from the rotation list to either remove a wrecked ar disabled vehicle or ta remove a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations. 2. TERM The initia! term of this contract shall expire on 5e�tember 30, 2003. [n addition to the initial term of this eontract, there s�a[I �e four options to renew for terms of one year each, unless ea�lier terminated as hereinafter provided. Renewal shall occur upon City including ir� its budget for the options years sufficient funds to pay for its o�ligations hereunder and Company providing proof of insurance to City. 3, COMPENSATION 3.fi Compensation. As compensation for providing t�e services cont�mplated by this Contract, City agrees to pay Compar�y as fal[ows: __ � '^ r.y � � '^ti �'�,✓J 7 9�J�u'ti:. �:t �4� ��. a�;��n ���y '��v�' � �a[7 r,�,:nn � 4 �:?�'���IIF� � r - .- -. r a) Towaae. A charge of One hundred Dollars {$100.00} for towing such vehicle from one point on a street to another lacation wifi�in the corporate limits of the city as directed by the pafice department at tk�e place w�ere the tow originated; such charge includes an�-half hour of extra work. h) Second tow truck. In the ev�nt the police officer at the scene determines that a second tow truck is required, a charge of One hundred dollars ($100.p0) per hour, with a minimum charge of one hour, bi[led in increments of fifteen (15) minutes while at ihe scene of fhe police pull. A police supervisor shall a�prove �he use of a second tow truck. Trav�l time is �xcluded. c) Extra work. An additional charge of one hundred dollars ($100.00} per hour, with a minimum charge of one hour, charged in ir�crements of fifteen (16) minutes, for removing vehic[es that are off the street right-of-way, such charge to be made from the time the operator �egins to remove the vehic[e until it is on the traveled portion of the street. Even though the vehicle is within the street right-of-way, an additiana[ charge may be made if the �ehicle �s �ocated in som� unusual condition within the right-of-way, such as, but not fimited to, a river or a cree�C bed or a ditch ofi greater d�pth than the ar�inary bar ditch. Extra work shafl only be allowed when authoriz�d by a police officer at the scene of the pull. The charges for such exfra work shall be reviewed and approv�d by the Aufo Pound Wrecker A�m�nistrator. Extra work excludes trave[ tim�, waiting fime and clean-up fime. d} LJse of a dollv. No additional fiee shall be charg�d for the use of a dally. e) Handlinc� hazardous materials. Wnen the cargo of any motor v�hicle or trailer includes exp{osive, nuclear, radioacti�e, hazardous or corrosive materials, as defined by the Environmental Protection Agency, Texas �epartmer�t of Transportation, or the Texas Commission on Environmental Quality, a fee equal to one hundred-fifty �150} percent of the charges which may be assessed pursuant to subparagraph "a" above. In addition, a charge may be made for expenses incurred related to protective clothing and any Slauda�•d Wreckcr 2 Page 2 of [2 � � other supplies or equipmen# used in handling suc}� materia�s, such charge being equal fio the actual amounts incurred plus fifteen ('f 5) percent. f} Nothing contained herein shall be construed so as to obligate City to expend any s�ms of mar�ey. Further, nothi�g contained herein shall be construed so as to guarantee to Company that City wili contact Com�any for any towing services contemplated by ihis Contract. 3.2 Invoicinq and Pavment. Company sha[I Invoice City once �er month. Company shall include with the invoice such dacuments as may be reasonaf�ly requested to provide evidence of the services provided to the City, which at a minimum shall include copies of the wrecker selection form s3gned by the afficer at th� sc�ne of the police pull andlor personnel at the Fort Wor�h Auta Paur�d, Such invoice shall be subject to the review and approval of appropriaie Cify personnel. City shalf remit payment to Company not more than thirty (30) days following approval of invoice. 3.3 Compensation Review. City shall review or� ar� annual basis th� campensatian provided for hereunder, wifh the first such re�iew to be conducted during the monfh of August 2003. Similar reviews shall occur in August of each succeeding year that this contract is in efFect. City shall make adjustments in the compensation based upon increases flr decr�ases in the cost of doing business, ta�Cing info consideration fuel, insurance, labor, and such other costs as may be relevant to the operat�on of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at al1 times ihe following �ehicles and equEpment in working condition: a) A minimum of two (2) wreckers, one of which shall be not less than 14,DD0 pounds gross �ehicle weight and one of which sha[l be not less than 10,oao pounds gross vehicle weight, dual rear wheels, equipped wifh a hydraulic operated winch, winch lines, and a baom rafed at not less than 8,000 pound lift capacity and a wheel lift device rated at not [ess than 2,500 pounds. 5tai�clard Wrecke�- 3 Pagc 3 of ] 2 b) At a minimum, al[ wreckers shall be equipped with the following equipmen�, which at all times shall be maintained in warking order: 1) 2) 3) 4) 5} 6) 7} 8) 9) 1 Q) 11) 12) 13) 14) Taw bar Towing lights Emergency overhead warning ligh#s {red or amber color only) Safety chain Fire extinguisher, A.B.C. Type W recking bar Broom Ax Shovef Reflectors or traffic cones Trash eontainer Two way voice or computer communicatian between tow truck and Company dispatcher Backing warning signal Wheel chocks c) Each wrec�cer shall have the identifying markings required by �he Texas Transportation Code, section 642.D02. In addition, each wrecker shail provid� Notice of Complaint Pracedures to the owner of a#owed vehicie as outlined by the Texas Depar�ment of Transportation Rules and Regulatians as cantained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended from time to time. d} Each tow truck and the required equipment shall be inspected by tne Chief of Police or his authorized designee �rior to being used for services contemplated by t�is contract. In addition, each tow truck and the required equipmen# shall be subject to intermittent inspection to assure compliance wi#h this contract. Standard Wrecker 4 I'agc 4 of l2 s �. INSURANCE REQUIREMENTS Company shall maintain insurance #rom insurers acceptabie to City af the following types and amounts: 5.1 Commercia! Ceneral Liability $500,Q00 each occurrence $500,000 aggregate or Garag� Liability $5Q4,000 each accident, other than auto � $50a,000 aggregate 5.2 Automobile Liability $500,000 each accident, combined single limit This coverage shall include a1l v�hicles owned ar non-owned that are operating under Company's operafing authority, 5.3 CargolOn�Hook $30,000 per unif Coverage shall include both the unit be�ng towed and its contents. Units covered shall include but nat be limited to motor �ehicles, trailers and boats. Coverage shall be written on a direct primary basis. �.4 GARAGEKE�P�R'S L1�4�IL.ITY $30,Ofl0 per unit 5.5 Worker's CompensationlAccident lnsurance Coverage shall meet the minimum requirements of state law as con- tained in #he Motor Carrier Rules and Regulations. 5.6 Current insurance certificates shall remain on file with the City durin� the term of this Contract. Insurance coverage may, at the sole discretion of the City, be re�ised upward upon thirty (3Q) days prior written notice to Company. Poficies shall be endorsed as follows: Stxndnrd Wrecker � Page 5 of 12 a) The City, its officers, employees and servants shall be endorsed as an additionai insured on all policies except employer's liability in�urance coverage under tY�e workers' compensation insurance po[icy. b) Certificafes of insurance shall be delivered to the supervisor of the City of Fort War�h Auto Pound, 1301 E. Northside Driv�, Fort Worth, TX 76142, prior to any work being perform�d und�r this contract. c} Any failure on part of the City to r�quest r�quired insurance docum�ntation shall not constitute a wai��r of the insurance requirements specified F�erein. d) Each insurance policy shall be endorsed to pro�ide the City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy ferms or coverage. A ten days r�otice shall be accepfable in the event af non-payment af premium. e) Insurers must be authorized to do business in the State of Texas and have a current A.M. Bes# rating of A: VII or equivalent measure of financial strength and solvency. f) De�uctible limits, or self-funded retention limits, on each policy must not exceed $10,OOQ.00 per occurrence unless atf�erwise approved by the City. g) Other than worker's comp�nsa�ion insurance, in lieu af traditional insurance, City may consider alt�rnative coverage or risk freatmer�t measures through insurance poo[s or risk retention groups. The City must approve ir� wrifing any alternative coverage. f�) Workers' campensation insurance policy(s) covering empfoyees shall b� �ndorsed with a waiver of s�abrogation �roviding rights of recovery in favor of the City. i) City shall not be responsible for the direct payment of insurance premiUm COStS. j) [nsurance policies shall each be endorsed to provide thaf such insurance is primary protection and any self-funded or commercial coverage maintained by City shaCl not be called upon to confribute to loss recovery. Slandard Wrecker Page G of 12 0 � � k} Company shall repart, in a timely manner, to City's officially designated contrac� administrator any known loss accurrence wi�ich could gi�e rise to a liability claim or lawsuif or wh�ch could result in a property loss. l) Company's liability shall not be limit�d to tf�e specified amounts of insurance required herein. m} Upon the request of City, Company shall provid� comp[ete copies of all insurance palicies required �y these contract documents. 5.7 !n the event a state or federal law, rufe or regulation pertaining to wrecker service companies operating within th� 5tate of Texas exceed ins�arance requir�ments specified herein, such state or federal law, ru�e or regUlation snall prevail for the respective type of insurance cov�rage andlor �imit thereof. 6. DUTlES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shall perform the fallowing duties and have the following responsibilities; a} Maintain as its primary business the towing of �ehic[es or t�ailers by wreckers meeting the requirements of paragraphs 4(a) and 4(b) abave. "Primary business° shalf inean that Company receives more than fifty per-cent (50%} of it gross revenu�;s from the towing afi vehicles and trailers. All of company's recards shall be open to reasonabls inspectian, both at the time of execution of tf�is agreement and af any time during the term hereof, to verify compliance with fhis condition. b) Maintain a currently licensed �ehicle storage facility located within the corporate limits of the City. "Vehicle storage facility" shall mean a facility operated by a person licensed under Article 6687-9a, Revised Statutes. c) Maintain �usiness operation twenty-four (24) hours a day, se�en days per week. d} Respond to all cafls cantem�lated by this contract within thirty (30} minutes of notifiication, except in extraordinary sit�aations where delay is caused by ice, snow or other w�atf�er related concfitions. �In the event Company fails to respond as required, City may notify anotl�er wrecker company and Company Standard Wrecker '� Page 7 af l2 7. TERMINAT[ON AND SUSPENSION 7.� This co�tract may be terminated or suspended by City for any of the fallowing causes: shafl not be entitled to the compensation to which it wou[d have been entitled ha� it arrived timely. e) Maintain on file with th� City the name of the owner, pr�sident or chief executive officer, busin�ss address, and telephone number; further, Company shall notify the City af any change of ownersF�ip, president or chief executive officer, or change of addr�ss within fiv� (5) business days of any such change. f} Deliver the motor vehicle being tow�d to the {ocation within the corporate [imits of City designated by the pofice officer at the scene of the pull. Delivery shall be made without delay or detour. g) Fully cooperate with any investi�afion conducted by the City regarding compfaints against Company, whether or not sucf� complaints arise out of services contemp�ated by this Cantract. h) Shall not become delin�uent in the paymenf of any �axes due to City. i) Shall not go to any accident scene unless the Company has been called to the scene by the own�r or operatar af a vehicle or an auihorized representative of same, or by the City. j) Compl�t�ly remove all debris resulting from any accident to which the Company is responding. Removal of dsbris shall not be considered complete by merely sweepir�g it to the curbline. k) Shall not solicit any wrecker business within the corporate limits of City at the scene of a wrecked or disabl�d v�hicle, regardless of whether the solicitation is for the purpose of soliciting the busEness of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. I) Shall only employ drivers of tow tr�cks authorized to o�era�e same. m) Pro�ide the Pol�ce Pound personnel with ar� in�oice at the time the �ehicle is delivered to the Auto Pound tagether with the signed wrecker selection form to be provided. 5landard Weecker Yage 8 of � 2 : a) Violation of any term andlor condition specified in this contracf. b) Failur� to nofify the Communications Division of the Police Department within fifteen (15) minutes from the time of notification if the Company will be unable to respond within the thirty (30) minutes allotted for a response to a call fnr wrecker service. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol andlor drugs. d} Permitting 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 company f} Any s�stained complaint of theft by personnel of Company whiEe acting in their capacity as employees of Company, whether occurring during a police pull or otherwise. g} Any sustained complaint of threats made by personnel of the Com�any while acting in their capacity as employees ofi �ompany made against third parties during a police pull or otherwise. h) Failir�g #o com�[y with all directions of police personnel at the scene of a police pull or civilian �mplayee at the Pal[ce Pound. Company may request a police supervisor to validate any such direction given. i} Five (5) passes within a thirty (30) day period. Pass in this �aragraph shall mean Company failing to notify the City of its inabil�ty to respond to a request for service as reguired by paragraph 2 abo�e. j) Ten (�Q) passes within a thirty (3D) day period. Pass in this �aragraph shall mean a Company natifying the City of its inability to respond to a request for s�rvic� as r�quir�d by paragraph 2 abo�e. k) Violation of any rule or regulatian contained in Exhibit "A" attached hereto. I) Fai�ure to comply with any state or fiederal [aw or city ordinance related to the operation of a wrecker compar�y. 7.2 City shall notify Company in writing of its inte�t ta terminafe or suspend for cause twenty (2Q) days prior to such suspension or termination. Company shall have the right to request a E�earing before the Chief of Po[ice or his designee 5tandard Wrecker 9 Page 9 of l2 regarding the intent to terminate or suspend for cause by requesting a�earing in writing within five (�} business days after receipt of notice of intent to terminate or suspen�. A hearing shall be conducte� witf�in fifteen (15) days af the request for h�aring. The City, in its sole discretion, may temporarily suspend #�is contract during any appeals prac�ss. 7.3 In the event tE�is contract is suspend�d for cause, fhe suspension shall be for a period of time of not less than six (6) mon�hs nor mor� than twelve (12) �onths. 7.4 In ti�e event City suspends or terminates this confract for cause, and the cause for such suspension or termination is determined to be in�alid, Compar�y's sole remedy shall be reinstatement of fhis contract. Company expressly waives any ar�d all rights to monetary damages, including but not limited to actual and punitiv� damag�s, cour� costs and attorney`s fees. �� INDEMNIFkCATION With regard to any liat�ility which might arise hereunder, City and Company agree that they shall be solefy and exclusively liable fo� the neg[igence of its own agents, servants, subcontractors and employees and that neither party shal[ look to the other party to save or hold it harmless for the consequences af any negligence on the part of one of its own agent, s�rvant, subcontractor or employee. Nothing contained herein shall be construed to be a waiver by City of any right of pratection that it enjoys under applica�le State or F'ederal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portion hereof to any party wEthout the prior written consent of City that sha�l not be unreasonably withheld. Any such assigr�ment, transfer or subletting of this Contract withouf the consent of fihe City sha11 be void and shall operate as a termination hereaf. Slandard Wrecker 1a Pagc l0 of i2 10. ZONES AND ROTATI�N LIST 10.1 City shall divide the cify into four (4) zones that shall correspon� to the four (4) patrol divisions. Compar�y sha[I be assigned to t�e zone or an a�jacent zone in which it maintains its principai place of bUsiness. 10.2 City snall create a rotation lisf within each of the four (4) zones that will dictate the order in which wrecker companies are contacted. 10.3 City may request Company to canduct a police pull within any zone, and Campany agre�s to use its best efforts to arrive at the scene of the police taw within thirty (3Q} minutes. 11. WDEPENDENT CONTRACTOR It is understood and agreed by the parkies hereto that Company shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee afi the City. Company shall ha�e exclusive control of and the exclusi�e right to control the details of the Wvork or service to be performed hereunder, and all persons perForming same on behalf of Company, and shall be solely responsible for the acts and omissians of its officers, agents, servants, employees, contractors, subcontractors, ficensees and invifees. The doctrine of respondeat superior shall not ap�ly as between the City and Company, its officers, ag�nts, servants, employees, contractors and suf�contractors, and nothing herein shall be construed as creating a par�nsrship or joint venture between the parii�s hereto. 5landard Wtecker 11 Page I l of 12 a . � In witness whereof, the par�i�:s hereto have executed this Contract on the day of , 20�� ATT�ST: CfTY �`FORT WQ}RTH r t � ' � w-I/C / 'j �I'"_ ���" . � �-+�. � �• � ^ -i: [ i 4 J G�oria Pe�rs;�n _ � �ibby l�atson City Secretary Assistant City Manager APPR�VED AS TO FORIV! AND �.EGALITY � Assistant ity Attorney --, --� � ��� ��� _, . Can������A�ut�or����ian� �� �D�i�� _ , �....... -- --- -- �. ATTEST: Gorporate Secretary Postrac Inc. dba B�ard's Towina (Campany Name) BJ/: � ] ,. : � i . _ J Mike Post, President Sfandard Wrecker 1 2 Page 12 of l2 :ll�luv�v_� �•.�vL`�i.. �9�`'� ����° ���� � ��a r�:���u'��, ���, . _ �::.I,L `�.i�.��.1��'�i �, � lu4J�� ��YJ1 V3L!' '�']�� f��fl��i�g r��es a�ad reg�Ia���;��s �g1� �e �a➢&ovwe�l �y �L �re�fl�er ���a�a�r�anu�s �apom �a•y yv�l �t tia� A�ato Poa�nd. l, Tlze �altry gate will noi fi�e blocked by wreckers waitii�g ta enter or ��cit the Auto P o�.uid, 2. No wrecicer shall enter '�Ile AlltO POUi1F� Wl'�I1 titOTB i�1a11 011E {�.� �]5�501]IOj]e1�.fl�T, u.i�less authorized by th� o� duty sluft supez visor. This t�vill be done oi�. a case Uy c�se bas?s. 3. For sa�Fety re�sons, a Car Can-ier will be req�ured to aff Zoad tl�eir ca�go wllen passible. Tlus sl�all Ue determined l�y tl�e �an duty supezvisvr. 4. Inventories slzotiild be handled i� an expeditiat�s inanner when �ossible. �iowever, Auto Faui�d �ersoi�l�Z are requued io do a coinpleie arid precise u�vcntary of all pro�e�-ty ai�d veluc��s. A s�ecific iime iran�.e would be �upossible to ins�ifute. 5, No vv�ecker driver/oparator will asszst with any ii��reiitory being con.dncted Uy Auta Poundpersannel. 6. The ttse of Car Cai�•iers, exY�a tim�, exna equip�nent, etc,, sIzall Ue sL�Uject to approvai by tlie Wreclter Ad�i�ist�ator or Auto Pouud Supervisor. '7. Wrecicer cirivers/operators/owners shali be required to follo�� aziy duections ar instrt�ctions gi�eil by Auto Po�.tud personnel. 8. Wrecicer Coin�aiiy Owners shall assi5t a�d comply witl�. a�zy investigation perfonned by AL�to �our�d �ersomiel or the Fart Wa�.� Police D�par�anent in regards to �heir coinpa�y, driver, operator and or busi�ess without hesi�ation. 9. Vioiatioi�s of any of the above z-ules sI�all Ue subject to reaiew Uy �l�e Wrecker Admu�shator ar At��o Pattnd �u�ei-visor. Tlle A���o PoLt�1d Supel`visar or a higl�er levei of com�n�u.�d �ay detenuule dascipliilary actioix up to a�d iaschiding ten31u1aiion of conhact. C`ity of '.�'o�t Wo��h, T'e.xas ���r� �r�� ������Q ��mm���c�rt��� DAl"E F2EFERENCE NVMBER LOG NAME f PAGE 418/03 ��'� 9544 35TOWS I 1 of 2 su���cr SUPP�.EMENTAL, APPROPRIATION ORDINANCE AND CONTRACTS FQR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FR�M MULTIPLE VENDORS REQUIRED BY CITY �RDINANCE FOR THE POLIGE DEPARTMENT REC�MMENDATION: It is recommended that the City Council: �. Authorize car�tracts far Paiice Department requested non-consent towing of wreeked ar abandoned vehicles from multiple vendors as required by Sectio� 34-98'� of the Gode of the City of Fort Vllorth (198f), as amen�ed; and Z. Authorize the contracts to begin April 8, 2003, and� expire September 30, 2003, with options to renew #ar fo�r addifiional one-year periads; and � 3. Adopt t�e afitached supplemental appropriation ordinance increasir�g estimated receipts and appropriations by $446,944 �n the General Fund from auailable funds. D15CUS5f�N: Section 34-181 of the Code of the Ci�y of Fort Worth (1986), as amended, required that all pol�ce �epartment, non-consent tows, shall be undertaken pursuan� to contract, specifically executed between th� City and a wrecker company. The Public Safety Committee extensi��ly re�iewe� the new rates and �nanimously appraved this recommendation on March 25, 2003. There are three types of contracts and rates as follows: • 5tandard t�w trucks �� aa � Tilt bedlrollback tow trucks $125 � Tandem #ow trucf�s $9 SO Contracts wi[I be execufed with any vendor desiring ta pertorm noR-cansent tows for the Po�ice Department, if they meet fhe cantract requirements such as towing operations being #he �endors primary business, eq�ipment specifica#ions, insurance, and a Iocally lie�nsed storage facility�. The fees for seruices to be pro�ided and assignment to one af four zanes are #he. sarr�e as cor�tained by City Code. The estimated expenditure for th�se services is $1.8 million per year including #he anticipated inc�ease (of $446,944) for the remainder of the fiscal year based on the r�vised rates. This increase will be affset by revenue coflected as fees. RENEWAL OPTIONS - These contracts may be �enewed fvr up #o �our successi�e one-year terrrls at t�e Cify's optian. This action does not require specific City Council appraval pro�Eded tF�e City CoUncil C'ity o�.�'o�t �'o��h, T'exas ���� ��t� ����c;[ �����r��c�r��� DATE REFERENCE NUMB�R LDG NAME PAGE 4/8/03 ��� ���� I 35TOWS 2 of 2 SUBJECT SUPPLEMENTAL APPR�PRIATION ORDINANCE APVD CONTRACTS FaR NON- CONSENT TOWING �F VVRECKED OR ABANDONED VEHICLES FR4M MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR TH� POLfCE DEPARTMENT has appropriated sufficierrt funds to satisfy the City's obligation during the renewal term. �ISCAL INFORMATfON/CERTIFICATION: The Finance Director certifies tf�at upon appro�al and completion of the abo�e recommendations and the adaptton of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appro�riated, of the General �'und. LW: r 5ubmitted for City Manager's Office by: I FUND �ACCOUNT I CENTER � (to) � GG01 539120 �353403 b183 I GG01 462624 03�3403 I AN1bUNT CITY S�CR�TAR'i� Libby Watson Originating Department HeAd: Ralph Mendoza Additfonal Informatian Contact: Susan Alanis 48386 I (from) GG01 53912D 03534�3 � 7s262 I $446,94�4AQ � $446,944.00 I � APPROVED 041D81�3 $446,944.00 QRD.# 15517