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HomeMy WebLinkAboutContract 27411r . . � r� ' t 'I �� , fi CITY �����%��� ��Ni��C� �, ,�2�7��% CONTRACT FOR TOW TRUCK SERVICE (TYLT BEDIROLL BACK) WHEREAS, the City of For� Worth occasionally requires th� s�rvice of tow trucks; and VVHEREAS, such tow truck services are necessary to protect the safety of the citizen� of the Ci�y of Fori Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", acting herein by and through Lzbby Watson, its duly authorized Assistant City Manager, and James Reynolds Individuall� owned dba No:r�mans Wrecicer Service hereinaffer referred to as "Company", acting herein by and through James Revnolds, its duly authorized Ou�tler1 ag�ree a� %llows: 1. SERVIGES City hereby eont�acts �vith Company to provide police pull towing service. As used herein, "police pull" shall mean that the Fort Worth Police Department has called Company from the ratation 1�st to either remave a ; wrecked or disabled vehicle or to remave a vehicle in a safe driving condition, but the oumer is not present, able or permitt�d io driv� or to malce authorizations. 2. TERM The term of this con�ract shall be �or a period of twelve { 12} months from the date of it,s execution, �vith four options to renew for terms of one year each, unless earlier terminaied as hereinafter provzded. Renewal shall occur upon City including in its budget for the options years suff cient funds io pay for its obligations hereunder and Company providing pxoa� of insurance to City. 3. COMPENSATION J 1. Com�ensation. As compensation for providing ihe services contemplated by �hi� Con�ract, City agrees to pay Company as follows: j���fl���� ���C�� `;;�" ����C��� � ��t�i�.�r,� g _�„ - •-- - � - s i � .� m a) Towac�e. A cl�arge of eighty-five dollars ($8�.00) for towing such v��icie fram • one pai�t on a street ta another locatio� withir� th� corporate limits of the city as directed. by ihe po,li�e officer at tF�e place where the taw originated; such char�e includes ane hour of Extra Work. �n fhe event Campany respor�ds to the sc�ne of a�police pu![ with a tilt bed/roll back truck when the pofice puil could have been accompiished wiih a standard iow truck, Compar�y s�all be �ntitled to th� reduced charge of sixty-fi�e dollars {$65.00). b} Second tow vehic�e. In the event the po[ice officer at fh'e scene tietermin�s that a standard tow ��hicle is required in addi�ior� to the ti[t bad/rofl back truck, a charge of fifty ($50.00) per hour, wit� a mi�t�mum charge of one haur, bilEed �in incremerits af tifteen (15} minutes while at #he scene of the police pull. The �se of a s�cand tow trucK shall be appro�ed by a police supervisor. Travel time is excl��ed. cy Extra wor�c. An additional charge of fifky dol[ars ($5a.0a) per haur, with a minimum cF�arge of one h�ur, charged in increments o� fifteen (�5} minutes, . for removir�g vehicles which are off the sireet righi-af-way, such c�arge to be made fram the time the operator begins to rerr�ove th� ve�icle until it is�on the tra�eled Portion oi the street. Even tho�gh the vehic[e is within the s#reet right-of-way, ar� additional charge may be made if the vehicle is located in some unusuaf cond�tion within #he right-af-way, such as, but not limiied to, a river or a creek bed or a ditcl� of great�r depth ti�an ihe ordinary bar ditch. Extra worlc shall anly be allowed when authorized by a pofice officer at the scene of the pul�. Tha charges for such extra worK sF�all be reviewed and � appro�ed by the Auto Pound WreeKer Administratar. E�ctra workc excludes travel time, waiting time, and clean-up time. d} Handlinq hazarc�ous maferia[s.. Whe� the car�o of any.motor vehicle or trailer. inefudes expiosive, r�uclear, radiaac#ive, hazatdous or corrosive materiais, as defined by th� Environmental Prot�ction Agency, Texas ' Department of Transpor#ation, or the Texas Naturaf R�source Conservation Commissio�, a fee equa! to a�e hundred-fifty (150} perceni af the charges permitted under su�paragraph "a" abave. {n addition, a charge may be made 2 � �, , �,� , . � • • .;. , , for expenses incurred related to protective clotY�ing and any other supp�ies or equipmeni used in handling such ma#eriats, such ct�arge being ec�uaf #a the act�ai amounts incurred plus fifteen (15) percent. e) Nathing contained F�erein shall be construed so as to obligate City #o exp�nd any s�ms of money except for work act�al[y performed. Furfiher, nothi�g coniained herein shall be canstrued sa as ta guararitee tf�at Cify will contact Campany #or any towir�g service contemplaied by #his Contraci. 2. Invoicinq and Pavment. Campany shall lt��oic� City once per manth. Com�any shall incl�de with the invoice sucY� dacuments as may be reasonably reques�ed fo pravide evic4ence of the servic�s pravid�d fo the City, which ai a minimum shall i�clude copies of the wrecker s�Iectio� form signeci by the affic�;r at th� scene of the police pul( and/or personnei at ihe Fort Worth Auta Pound. Such �nvoice sha11 be subj�ct to t�e review and approval �f appropriate Cify persanneL City shall remit �ayment ta Campany no� more ti�an t3�irty (30j days following apprava! of invoice. � VEHICL� AND EQU�PMENT REQUIREMENTS Gompany shall maintain at al! times th� fofJowing �ehicles anc� eq�tipment in working condition: a) A minimum of on� (1) tilt bed/roll back dua[ rear whee! wrecker rated at not less than 14,000 po�nds gross vehicfe weight. b) At a minimum, aIl wr�ckers shall E�e equipped with the folEowing equipment, which at all times shall be mainta�ned in worki�g order: u �i ) 2} 3} 4) �J� 6j 7) Taw �ar Towing lights Emergency av�rF�ead warnmg lights �red or am6�r colar only} Safety chain �'ire exfinguisher, A.B.C. Type W�ecking bar Broom � 4 ,S� ..,�� F�.:T• _ • ' �''�' , _ -i,'�y?i�4�;&%.�'i'�e���a�s�.�."�7��.�ki},:�j:t.:.s',y�'¢`�t.C#�-..$''1�x_ ' .�•!� ' i `kl�����s�F 3�J . , , f . . . . :.. }`� ir����a�,�j.��k���'�������•��'���i����" ���•���,�e£:kEfy�. .. r , .. ' ' ' . . . +.,.'; ; � �4' :,��-i�_ '�'fra ' . . , , - . .. : . _ � , . - . . i .4 `fi . L ; � 8� 9) 10} ii) � 2� Ax Sf�avel Ref[ectars o.r-traffic�cones Trash�con#ainer Twa way voice aT computer cammunication b�tween tow tr�ck and Company di�s,patch�r � 13� �ac�Cing warning sigr�ais � 14) Wheel chocks 15� Traffic cones c) EacY� �ow tr�ck sf�a�f .ha�e permaneni(y- inscribed or� eacFi side of the �ehicle, in letters o� not less than thre� (3} inches in hei�h#, the name, address and telephnne number of the company. Magnetic or other forms of r�movable signs are prohibited. � dj Each #ow truck ahci the required equipment shalf b� inspected by the Chief af Police or his autharized c�esignee Prior to being used for services contemplated by tf�is contrac#. In additior�, each �ow truck and the req�irec� equipment shall be subj�ct to inte�rnittent inspection to assure compliance wit� this contract. 5. � l�1SURARlCE REQUIREMENTS Company shall maintai� insurance of ihe follawing types and amounts from insu�ers acce�table to the City: 5.1 Comme�cial Generaf Liabiti#y $500,��0 each occurrence $500,OOa aggregate 4 or Garage Liability �500,000 each accident, ather tl�an auto $500,000 aggregate n � . � •� £ � ,'���,�'��1 z— � , � - . . . � . L i � j{y� � � � �f�1.Er �y #�' Y .t,� .#i�w�'.� ��-�.5, y :S :Y ,' . s "x� S . � } ' � 1 �. . ' .. � r .- � Q � �'���.'�'- � 3� � #1 3 �5�` k J �7G �'.Y� ,3 '�� x- s � -� � x � ''- ;..,:� x-t i�/- .- �, i__ � G s,'� y-k v� � 7`�.�x- ��.5��'�i-�<-����,-� ��F� s .� ❑ r r.,i.• � , � .- •'�.i. - � . , 5#. ; ,� . ; - .. ... . .. _ . � ' .�.: �il 4, . _' __, . _.. . . ' . �s� ' _.. .. � 5.2 ��atomobile Liahility � - $5QQ,000 each acci�lent, combined single limit This cov�rage shall include ali �ehicies owned or non-owned #haf are o��rating under Company's ope�ating atsthority. 5.3 CargolOn�Hoo{� $30,OOa per unit Co�erage s�ali � include both #he unit �eing towed and its contents. Un�ts covered shal! incluc�e but not be [imited to mator vehicles, trailers a�d boats. Coverage shall _be v�atten on a direct primary E�asis. 5.4 rJ.�J Co�erage shall-meet th� minimum requirem�t�ts ot state Saw as con- tained in ihe Motor Carrier R�Yes and Regulatiar�s. � 5.6 Currer�t insurance certificates sha�l remain on file wi�h the City dur�ng the term of this Contract. lnsurance coverages may, at fhe sole ciiscretiQn of the City, be revised upward upon thit-ty (30) days prior written notice to Company. Poticies shali be.endorsed as follows: � � tn include a watver of subrogation in #a�ar of tY�e City. 5.7 fn tf�e event a state or federal law, r�a�e ar regulation pertaining to wrecker service campanies aperating with�n the State of Texas exceed insurance req�irements s�ecified herein, suc� state ar fed�ral la�r, rufe or regulation sha1E pr�vail for the r�spective type of insurance ca�erag� and/or. limit thereof. CARAGEKE�P�R'S LIA�#1�ITY � �$3�,000 per unit Worker`s CompensationlJ�ccidenf Ins�rance � exce�� for employe�'s liab�lity; and fo provide the City with a minimum of thirty (30) days notice of cancellatian, non-payment of premium, or non-renewal; t� cover the City as an addit�onal insured on liability insurance policies; � � L E r' �� DUTiES AND RESPONSIBIL�TIES OF C�MPANY " t;"-'.- _., Company, during the �erm��of this contract, shal[ perfarm the following duties and have ti�e follawing res�onsibiiiii�s: a) Mainiain as its �rimary business ihe towi�g of �ehicies ar trailers by wrecK�rs meetir�g the requirements af paragraphs 4(a} a�d 4(b} above. "Primary business" sha!! mean that Company receives mor� than fifty per- cent (5a%) of it gross revenues from the fowing of vehic[es and traifers. A[I of company's records shall be open to r�asonable irispection, bath at the time of executian of this agreement and at any time dur�ng th� term hereof, to verify compliance with this condition. b} Maintain a currentfy �icens�d vehicle storage faciliiy Iocafed w�thin th� corporate limits of the Ciiy. "Vehicie starage faciiity° shall mean a faciliiy operated by a person under Articfe 6687-9a, ftevised Siatutes. c} Maintain business c�p�ration tw�nty-four (24) ha�rs a day, s�ven days per week. d) Respand to al[ calls cantemplated by th�s contract within thiriy (30} minut�s of noiification, exce�t in extrao�dinary sif�ations where delay is caUsed #�y ice, snow, or other weather reiated cor�ditions. In fhe event Company fails to �-esPond as required, City may natify anotY��r wrecker company and Company shall nnt be entitled to tfi�e compensatiort to which it wauld have been entiiled had it arrived timely. e} Notifiy t�e City of any change c�f ownership, president or chief executi�e officer, or change of address with�n five (5) business days of any such c�ange. #) Deliver the motor vehicle being towed t� the locatio� within the carporate limits of Ci#y ciesignated �iy the pofice officer at the scene a� the pull. Delivery shall be mac#e withaut delay or detour. , g) Fully cooperate with at�y investigatia� conduct�d by the City regardin� complaints a�ainst Company, whether or not such camplair�ts arise o�t of serriices contemplated by this Contract. Ci a ; Y . . h) Sha11 not,become delinquent in tt�e paymenf°of.any taxes ciue to City. i} Sha[I nat go tfl any accident scet�e unless �he Company has been called to the scene by the:�own�r or opera�ar o� a vehicfe o� an authorized representative of same, or by the City. j) Shali not solicit any wrecl��r i�usiness within the cor�arate limits of City at the scene of a wrecked or disabled �ehicfe, regardfess of whether the soiicitation is for the purpose of soliciting the bus9ness of towing, repairing, wrecking, sto�ing, trading, or purchasing the vef�icle. k� 5ha11 or�ly em�fay drivers of tnw tritcks authorized #o operat� same. I) Provide the PoEice Pou�d persanr�el with an invc�ice at the time ihe veY�icie is de2ivered ta the Auto Paun� together with the signed wrecker selectian form to be prov�d�d. 7. TERMINATION AND SUSPENSION A. This contract may be #erminated or suspended by #h� City far any of the following ca�ses: 1. Violatron of any term or conciition specified in this contraci. � 2. Failure to notify t�e Communications DivisEon of the Police Depar�ment with�n fif�een (� 5) minutes from ihe t�m� of natEficatian� if the Company will be unable ta r�spo�d within the thir#y {30) minutes allotted for a response to a wrecker cail. 3. Permitting a tow truck to be operaied i�y anyone whi�e under th�; influence o# afcohol ar�dlar dnags. �. Permitting a tow truc�C to be operat�d by anyone whose operato�'s license is s�spended. 5. Transferring or assigning any call far servic� to any ather company 6. Any sustain�d complaint of theft by personnel of Company while act�ng' in their capacity as employees of Cornpany, wh�ther accurring during a ' poEice pull a� oth�rwise. 7 � . � , � • 4 7. Any sustained complaint of threats mad� by personn�l nf the Company wh��e acting in tl�eit' capacity as emp(oy�es of Campany�made against third }�arties ciuring a p�lice pull or othcrwise. 8. Failing ta comply wi#h al[ directions oi police personnel at f�� scen� of a police pul[ or civilian ar pofice personnel at the Police Auto Pound. Campany may requesf a po{ice supetvisor to vafidate any sucF� dir�ction �� gi�en. 9. Failure ta camply with any state ar federai law or city ordinance relatecf to the operatian of a wrecker company. 10. Five (5) �aasses within a thirty (30} day per�dd. Pass in this paragrapf� sha[I mean Com�any failing ta notify the City of its inability #o respond to a request for service as required by paragraph 2 above. j 1. Ten (10) passes within a thir#y (30) day �eriod. Pass in this paragraph sha![ inean a Company natifying th� City 'of its inabiliry to respond to a requast far service as r�quired by paragraph 2 above. 12. Vioiaiion �of any rute ar regt�lation contained in Exhibit "A" attachad hereto. - � B. City shall notify Company in writing of its inter�t to terminate ar suspend far �F f � cause twen#y (20) days prior to such suspertsion ar termination. Company shall �ave #he right to request a hearing befare the Chief of Palic� or his designee regarding the intent to terminate or suspencf for cause by requestir�g a hearing in writing within five (5) business days after receipt of notice o� intent to termit�ate ar suspend. A hearing shall be conduct�d within fifte�n (15} days o� the request for hearing. The Gity, in its sole discretion, may temporarily suspend this contract du�ing any appeafs pracess. C. In tF�e event this contract is susp�nded for cause, the suspensian sha�l be for a period of time of nat less thar� six �6} months nar more than twelve (12) months. " D. In the event City suspends or terminaies #his contraet for cause, and th� cause for such suspension ar termination i� c�etermined to be invafid, Campany's soie remedy shaif 6e reinstatement of this contract. Company expressly wai�es � 8 • �' S - ... , h 0 any and a�! rights to monetary damages, including but not limited ta acival and punitiv� damages, court easts and attomey's f�es. � I�IOEMN(FfCATI�N With regard ta any liability which mignt arise hereunder, City and Customer agree that they shall b� solely and exciusive{y liable for the negfig�nce of its own agents, servants, st�bconiractors and employ�es and thai neither party shail look to the ot�ar party #o save or hold it harmless fort he cansequences of arty n�gligence an the �art of one of its own agent, servant, subconiractor or employee. Nothing conta�ned h�rein shal[ be constnte�i #o be a waiver by City of any right of protection which it enjoys unc#�r applicable State ar Federal law, 9. ASSiGNMENT Company shall not assign, #rans#er or subiet this Contract or any po�iion hereaf ta any party without the �r�or writteri cat�sen# of City which sha�l not be unreasanaE�ly withheld. f�ny such assignment, transfer or su'�tetting of #his Contract shaff be void and shall operate as a termirtation hereof. 1 �. ` 8. ZONES AND ROTAT[4N LIST A. City sha11 divid� ti�e city inio four (4) zones which sha11 correspond to the four �4) pa#roi iiivisions. Company shali E�e assigned to the �one or' an adjacent zone i� which it maintains its principai place of business. B. Ciiy shalE create a rotatian list witfi�in each of the fot�r (4) zon�s that will dictate the order in which wrecker companies are contacted. C. City may request Company to car�duct a police puil witE�in any zane, and Company �grees to use its b�st efforts to arrive at the scene of t�e police pull within thirty (30) minutes. 11. 4 If�DEPENDENT CaNTRACTOR !t is understoc�d ar�d agreed by t�e par�ies heretv that Company shall petform al! warEc and seEvices here�nder as an indep�ndent cvntractar, and nnt as � } an oificer, agent, servant or employee of the City. Company shall have � exclusiv� control of and the exclusive right to control the details of the work or service to be per�ormed hereunder, and a11 persons performing same on behalf of Company, and shall be solely responsible for the acts and omissions of its off c�rs, ag�nts, servanis, employees, contracto�rs, subcontractors, licensees, and invitees. The doctrine o� respondent superior sha11 not apply as between the City and Cornpany, its officers, agents, servants, employees, contractors and subcontractors, and nothing h�r�in shall be constrtied as creating a partnership or joint venh.ue between the parties hereto. Tn witness whereof, the arties hereto have executed this Contract on � the _���� day of ���r � , 20�. _ � � �- � A ST: � � � ' ! _ ,(,�, _ c./C.iV"'►p- L loria Pear Qn, City Secretary � APPROVED AS TO FORM � AND LEGALITY � CITY !�� FORT V j�QRTH , r- � , w B � + _� ibby tson A�sistant City Manager ; f � � � � ` -_ Con�r�et �u�1�o�i����on _ E , _ � �_ . ._ „� ���� 7ames Revnolds �ndividually owned and dba Normans wrecicer service Assistant City Attorney ATTEST: Corporate Secretary (Coinpany Name) - � �- � B L - - '�`� , Jar��Reynolds, Ov�n r ►� � ti ��'g� ��:�_rA�t:�•.� a"„' K . � ;' i . � 4 ck.��.r 3.��i3" �:��.a.�t.����� ;.��}�; -r;�_-s•.7 !� � �. � ` '� Yt ' : � . ` t• Y ? ` � 3 : i . F ' _ .�4 �s_�.. . ' x��;'y'::� ` •L _ _ .. : 'v L � .�i!�, ;.t 5 ! ' _ : T� ' iR i' S i .4 F - _ ` 3. - " - . , � . - . xi a.�'��,F.x� .P.�Y' =a' `; rr i': h . . ' . f'- ' _ . , . . , - � 4 i h 3 E � . - �Lsx� � - � � AUTO POUND The fo].�owi.ng z�ules anfl �egdlations wilZ 6e followed by a�l wrecker campanies upon arrival at the auto pound. 1. ".Che gate will not be blocked by wxeckers waiting to en�er or exir Che pound, • 2. No more Chan twa (2) wreckers shall be authori.zed in the Eront area, for �nventory purpos�s, at any one time. � .� � erson/a 3. No w�rec�er shall enter th� pound wi�h more than one (1) p pera— Cor, unless author�zed by Che�on dut� shi�t supeXvi.sor. This wi11�6e done on a case Uy case'•bases. 4. For safety�r�asons, a�car carri.ez sha�.J. be required en off load Cheir cargo wi�ea gossiti�.e. Tliis. shall be determined 'by the on duty super-- visor. 5. Zz�veAtories �should be handled. in ar� expedi�ious manner �rhen possxble: Eiowever, poun,d persannal are required to do a complere and precise inventory,of ail property and vehicles. A�sp�citic time Frame would be imposs�.bl.e to institute. 6. Wrecker drivers sha11 not be allowed ta-drive up�and down the rows, Iookirig fox veha.c]�es to reposses �o� compan.i.es said wreckers represent. 7. The use of cax carrie�rs-, dollies, extra time, extra equip�uent, etc., shall be subject to approval hy the �Irecicer adr�znistratnr or Pflund sup— ervisor. � 8. Wrecker operarors/owners shall be requ�red to EoJ.1ow any directions or instructions given by auto pound personne�. 9. Vialations of any of Che aba.re ru�es shall. t�e subject to review by the wrecker administrator. 1 Discip�ina�y action may be determined 6y the pound su�ervxsor or a higher command ].evel. ��� of 1�o�t Wort�i9 �'e�cas _ �1�'�� A11� �,�1�11�� �,�Ii��I1"���#��11 DATE REFERENC� NUM�ER LOG NAM� PAG� _ �o«sro� ��94�i � aao�-o��s � ot2 SUBJECT AUTHOR�ZATION OF CONTRACTS F�R N�N-CONSENT TOWING OF WRECK�D OR ABANDONED VEHICLES FRQM MULTIPLE VEN�ORS REQUIRED BY CITY ORDiNANCE N4. 'f 2924 FOR THE POLIGE DEPARTMENT RECOMMENDAiION: lt is recommended that the City Council: 1. Authorize contracts for non-consent towing af wrecked or abandoned vehicles from muttiple vendors as required by City Ordinance No. 12924 (see a#�achment "A" for a list of current vendors); and 2. Authorize the contracts to begin Octaber 96, 2001, and expire October 15, 2002, with aptions �o ren�w for four successive one�year perio�s. DISCUSSIDN: City Ordinance No. 12924 reg�lates non-consent �owing within the City requiring companies desiring to perform nan-consent towing for the Police Department to execute a coniract with the City. Yhere are three ty�es of contracts:. those far standard tow trucks, tilt bedlrollback taw trucks, and tandem tnw trucks. Par�ic�pating wr�cker companies are licens�d under Artic{e V, Wreckers, of Chapter 34, Vehicles for Hire, of the Code of the City of �'art Wort�. The fees for services to be provided and assignment to one of four zor�es are the same as contained in the ordinance. The estimat�d expenditure for these services is $1,1 n0,QQ0 per year. Contracts will be execute� with any vendor desiring fo perform non-cor�senfi towing tf�at meets the contract re�uirements such as towing operations being a �endors primary business, equi�ment specifications, insurance, and a local licensed storage facility. BID TABULATiON - See attached "Service Fee Schedule". MIU►/BE - A waiver of the goal for MIWBE subcontracfing requirements was requested by the Purchasing Division and approved by the MIWBE Office because the pt�rchase of services is from sou�ces where subcontracting or suppl9er opportunities are negligible. R�NEWAL OPTIONS - These contracks may be renewed for up to four successive one-year terms at the Gity's opt�on. ihis action �does not require specific City Council appro�al, provided tha# the City Cour�cil has appropriated sufficien# funds to satisfy the City's obligations during the renewal term. `1 �������Q� ���JGj� '�:�� V ����`;�� ,! �'�`�% u ��o �"� UCy��� U ��a �`rty af'1�'�rt i�orth, �"e�as ���� ��� ��r���t ��������t��� DATE R�FERENC� NUMHER i..OG NAM� I'AGE 1419 610'� �.+��7� 0001-0316 2 of 2 suBJ�cT AUTHORIZATION �F CONTRACTS �OR NC]N-CQNSENT TOWfNG OF WRECKED OR AgANDfJNED VEHfC�ES FROM MULTiPLE VEND�RS REQUfRED �Y CITY ORDINANCE NO. 12924 FOR THE POLlCE DEPARTMENT FISCAL INFORMATfO�lI�ERTIFICATI4N: The Finance Director certifies t�at funds are avaiiable in the current aperating budget, as appropriated, of the General Fund. CB:n BQN101-0316/KflK Submitted for City Manager's OSFice by: � FL111ID � {to) � �harles 8oswell 8511 Qriginating Department Head: Jim Keyes Additinnal Information Contact: n � 8517 � (from) Rabert Combs 8357 ACC�UNT � C�NTER � AMDiJIlT I CITY S�CRETARY � f � � � � ����id��� C�iY G�UN��L OC7 28 iDQ1 ��4��� City S�cretarp oT tRe Citv nf Fart Warth Texas �