HomeMy WebLinkAboutContract 29465 CITY SECRETARYr
`/.-)NTRACT NO. Y '
CONTRACT FOR TOW TRUCK SERVICE
(STANDARD SERVICE)
WHEREAS, the City of Fort Worth occasionally requires the services of
tow trucks; and
WHEREAS, such 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, hereinafter referred to as "City", acting herein by
and through Libby Watson, its duly authorized Assistant City Manager, and
ROCKET TOW SERVICE, INC , hereinafter referred to as "Company",
acting herein by and through GEORGE VEGES, its duly authorized OWNER,
agree as follows:
1.
SERVICES
City hereby contracts with 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 rotation list to either remove a wrecked or disabled
vehicle or to remove a vehicle in a safe driving condition, but the owner is not
present, able or perrnitted to drive or to make authorizations.
2.
TERM
The initial term of this contract shall expire on September 30, 2004. In
addition to the initial term of this contract, there shall be four options to renew for
terms of one year each, unless earlier terminated as hereinafter provided.
Renewal shall occur upon City including in its budget for the options years
sufficient funds to pay for its obligations hereunder and Company providing proof
of insurance to City.
3.
COMPENSATION
3.1 Compensation. As compensation for providing the services
contemplated by this Contract, City agrees to pay Company as follows:
a) Towage. A charge of One hundred Dollars ($135.00) for towing such vehicle
from one point on a street to another location within the corporate limits of the
city as directed by the police department at the place where the tow
originated; such charge includes one-half hour of extra work.
b) Second tow truck. In the event the police officer at the scene determines
that a second tow truck is required, a charge of One hundred dollars
($100.00) per hour, with a minimum charge of one hour, billed 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 additional charge of one hundred dollars ($100.00) per
hour, with a minimum charge of one hour, charged in increments of fifteen
(15) rninutes, for removing vehicles that are off the street right-of-way, such
charge to be made from the time the operator begins to remove the vehicle
until it is on the traveled portion of the street. Even though the vehicle is
within the street right-of-way, an additional charge may be made if the vehicle
is located in some unusual condition within the right-of-way, such as, but not
limited to, a river or a creek bed or a ditch of greater depth than the ordinary
bar ditch. Extra work shall only be allowed when authorized by a police officer
at the scene of the pull. The charges for such extra work shall be reviewed
and approved by the Auto Pound Wrecker Administrator. Extra work
excludes travel time, waiting time and clean-up time.
d) Use of a dolly. No additional fee shall be charged for the use of a dolly.
e) Handling hazardous materials. When the cargo of any motor vehicle or
trailer includes explosive, nuclear, radioactive, hazardous or corrosive
materials, as defined by the Environmental Protection Agency, Texas
Department 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
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other supplies or equipment used in handling such materials, such charge
being equal to the actual amounts incurred plus fifteen (15) percent.
f) Nothing contained herein shall be construed so as to obligate City to expend
any sums of money. Further, nothing contained herein shall be construed so
as to guarantee to Company that City will contact Company for any towing
services contemplated by this Contract.
3.2 Invoicing and Pam. Company shall Invoice City once per month.
Company shall include with the invoice such documents as may be reasonably
requested to provide evidence of the services provided to the City, which at a
minimum shall include copies of the wrecker selection form signed by the officer
at the scene of the police pull and/or personnel at the Fort Worth Auto Pound.
Such invoice shall be subject to the review and approval of appropriate City
personnel. City shall remit payment to Company not more than thirty (30) days
following approval of invoice.
3.3 Compensation Review. City shall review on an annual basis the
compensation provided for hereunder, with the first such review to be conducted
during the month of August 2004. 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 or decreases in the cost of doing business,
taking into consideration fuel, insurance, labor, and such other costs as may be
relevant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times the.following vehicles and equipment
in working condition:
a) A minimum of two (2) wreckers, one of which shall be not less than 14,000
pounds gross 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 lines, and a boom rated at not less than 8,000 pound
lift capacity and a wheel lift device rated at not less than 2,500 pounds.
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b) At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
1) Tow bar
2) Towing lights
3) Emergency overhead warning lights (red or amber color only)
4) Safety chain
5) Fire extinguisher, A.B.C. Type
6) Wrecking bar
7) Broom
8) Ax
9) Shovel
10) Reflectors or traffic cones
11) Trash container
12) Two way voice or computer communication between tow truck
and Company dispatcher
13) Backing warning signal
14) Wheel chocks
c) Each wrecker shall have the identifying markings required by the Texas
Transportation Code, section 642.002. In addition, each wrecker shall provide
Notice of Complaint Procedures to the owner of a towed vehicle as outlined by
the Texas Department of Transportation Rules and Regulations as contained 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 the
Chief of Police or his authorized designee prior to being used for services
contemplated by this contract. In addition, each tow truck and the required
equipment shall be subject to intermittent inspection to assure compliance with
this contract.
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5.
INSURANCE REQUIREMENTS
Company shall maintain insurance from insurers acceptable to City of the
following types and amounts:
5.1 Commercial General Liability
$500,000 each occurrence
$500,000 aggregate
or
Garage Liability
$500,000 each accident, other than auto
$500,000 aggregate
5.2 Automobile Liability
$500,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Company's operating authority.
5.3 Cargo/On-Hook
$50,000 per unit
Coverage shall include both the unit being towed and its contents.
Units covered shall include but not be limited to motor vehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARAGEKEEPER'S LIABILITY
$30,000 per unit
5.5 Worker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements of state law as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Current insurance certificates shall remain on file with the City during the
term of this Contract. Insurance coverage may, at the sole discretion of the City,
be revised upward upon thirty (30) days prior written notice to Company. Policies
shall be endorsed as follows:
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a) The City, its officers, employees and servants shall be endorsed as an
additional insured on all policies except employer's liability insurance
coverage under the workers' compensation insurance policy.
b) Certificates of insurance shall be delivered to the supervisor of the City of
Fort Worth Auto Pound, 1301 E. Northside Drive, Fort Worth, TX 76102, prior
to any work being performed under this contract.
c) Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirements
specified herein.
d) Each insurance policy shall be endorsed to provide the City a minimum
thirty days notice of cancellation, non-renewal, and/or material change in
policy 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 State 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 limits, on each policy must not
exceed $10,000.00 per occurrence unless otherwise approved by the City.
g) Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
h) Workers' compensation insurance policy(s) covering employees shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of
the City.
i) City shall not be responsible for the direct payment of insurance premium
costs.
j) Insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial coverage maintained
by City shall not be called upon to contribute to loss recovery.
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k) Company shall 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 loss.
1) Company's liability shall not be limited to the specified amounts of
insurance required herein.
m) Upon the request of City, Company shall provide complete copies of all
insurance policies required by these contract documents.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker
service companies operating within the State of Texas exceed insurance
requirements specified herein, such state or federal law, rule or regulation shall
prevail for the respective type of insurance coverage and/or limit thereof.
6.
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shall perform the following duties
and have the following responsibilities:
a) Maintain as its primary business the towing of vehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a) and 4(b) above.
"Primary business" shall mean that Company receives more than fifty per-cent
(50%) of it gross revenues from the towing of vehicles and trailers. All of
company's records shall be open to reasonable inspection, both at the time of
execution of this agreement and at any time during the term hereof, to verify
compliance with this condition.
b) Maintain a currently licensed vehicle 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 business operation twenty-four (24) hours a day, seven days per
week.
d) Respond to all calls contemplated by this contract within thirty (30) minutes
of notification, except in extraordinary situations where delay is caused by ice,
snow or other weather related conditions. In the event Company fails to
respond as required, City may notify another wrecker company and Company
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shall not be entitled to the compensation to which it would have been entitled
had it arrived timely.
e) Maintain on file with the City the name of the owner, president or chief
executive officer, business address, and telephone number; further, Company
shall notify the City of any change of ownership, president or chief executive
officer, or change of address within five (5) business days of any such change.
f) Deliver the motor vehicle being towed to the location within the corporate
limits of City designated by the police officer at the scene of the pull. Delivery
shall be made without delay or detour.
g) Fully cooperate with any investigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Contract.
h) Shall not become delinquent in the payment of any taxes due to City.
i) Shall not go to any accident scene unless the Company has been called to
the scene by the owner or operator of a vehicle or an authorized representative
of same, or by the City.
j) Completely remove all debris resulting from any accident to which the
Company is responding. Removal of debris shall not be considered complete
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, regardless of whether the
solicitation is for the purpose of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
1) Shall only employ drivers of tow trucks authorized to operate same.
m) Provide the Police Pound personnel with an invoice at the time the vehicle
is delivered to the Auto Pound together with the signed wrecker selection form
to be provided.
7.
TERMINATION AND SUSPENSION
7.1 This contract may be terminated or suspended by City for any of the
following causes: _
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a) Violation of any term and/or condition specified in this contract.
b) Failure to notify 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 for wrecker service.
c) Permitting a tow truck to be operated by anyone while under the influence
of alcohol and/or 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 sustained complaint of theft by personnel of Company while 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 Company
while acting in their capacity as employees of Company made against third
parties during a police pull or otherwise.
h) Failing to comply with all directions of police personnel at the scene of a
police pull or civilian employee at the Police 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 paragraph 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 thirty (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 above.
k) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
1) Failure to comply with any state or federal law or city ordinance related to
the operation of a wrecker company.
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 termination. Company shall
have the right to request a hearing before the Chief of Police or his designee
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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
suspend. A hearing shall be conducted within fifteen (15) days of the request for
hearing. The City, in its sole discretion, may temporarily suspend this contract
during any appeals process.
7.3 In the event this contract is suspended for cause, the suspension shall be
for a period of time of not less than six (6) months nor more than twelve (12)
months.
7.4 In the event City suspends or terminates this contract for cause, and the
cause for such suspension or termination is determined to be invalid, Company's
sole remedy shall be reinstatement of this contract. Company expressly waives
any and all rights to monetary damages, including but not limited to actual and
punitive damages, court costs and attorney's fees.
8.
INDEMNIFICATION
With regard to any liability which might arise hereunder, City and Company
agree that they shall be solely and exclusively liable for the negligence of its own
agents, servants, subcontractors and employees and that neither party shall look
to the other party to save or hold it harmless for the consequences of any
negligence on the part of one of its own agent, servant, subcontractor or
employee. Nothing contained herein shall be construed to be a waiver by City of
any right of protection that it enjoys under applicable State or Federal law.
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Contract or any portion
hereof to any party without the prior written consent of City that shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract without the consent of the City shall be void and shall operate as a
termination hereof.
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10.
ZONES AND ROTATION LIST
10.1 City shall divide the city into four (4) zones that shall correspond to the four
(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 list 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 conduct a police pull within any zone, and
Company agrees to use its best efforts to arrive at the scene of the police tow
within thirty (30) minutes.
11.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Company shall
perform all work and services hereunder as an independent contractor, and not as
an officer, agent, servant or employee of the City. Company shall have exclusive
control of and the exclusive right to control the details of the 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, employees, contractors, subcontractors, licensees and invitees. The
doctrine of respondent superior shall not apply as between the City and Company,
its officers, agents, servants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership or joint venture
between the parties hereto.
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In witness whereof, the parties hereto have executed this Contract on the
_13th day of_January , 2004_.
ATTEST: CITY OFF R H
e •� By:
loria Pearso A �u"
to C
City Secretary Assi it nager
APPROVED AS TO FORM
AND LEGALITY
96v(-'�
Assistant City Attorney
Rocket Tow Service, Inc.
rl
ATTEST: (Company Name)
By:
(j7�J
Corporate Secretary G rge V 9es, President
contract Authorization
Date
WITY IScQQ;?61gr�
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City of Fort Worth, Texas
4velgorr And 4:0u"Cil communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/8/03 C-19544 35TOWS 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NOW
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize contracts for Police Department requested non-consent towing of wrecked or abandoned
vehicles from multiple vendors as required by Section 34-181 of the Code of the City of Fort Worth
(1986), as amended; and
2. Authorize the contracts to begin April 8, 2003, and expire September 30, 2003, with options to
renew for four additional one-year periods; and
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations by $446,944 in the General Fund from available funds.
DISCUSSION:
Section 34-181 of the Code of the City of Fort Worth (1986), as amended, required that all police
department, non-consent tows, shall be undertaken pursuant to contract, specifically executed between
the City and a wrecker company. The Public Safety Committee extensively reviewed the new rates and
unanimously approved this recommendation on March 25, 2003.
There are three types of contracts and rates as follows:
• Standard tow trucks $100
• Tilt bed/rollback tow trucks $125
• Tandem tow trucks $180
Contracts will be executed with any vendor desiring to perform non-consent tows for the Police
Department, if they meet the contract requirements such as towing operations being the vendors
primary business, equipment specifications, insurance, and a locally licensed storage facility.
The fees for services to be provided and assignment to one of four zones are the same as contained by
City Code. The estimated expenditure for these services is $1.8 million per year including the
anticipated increase (of $446,944) for the remainder of the fiscal year based on the revised rates. This
increase will be offset by revenue collected as fees.
RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at
the City's option. This action does not require specific City Council approval provided the City Council
has appropriated sufficient funds to satisfy the City's obligation during the renewal term.
City of Fort Worth, Texas
M ayor and C ounce I C ommuni catl on
DATE REFERENCE NUMBER LOG NAME PAGE
4/$/03 C-19544 35TOWS 2 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NOW
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of the above recommendations and
the adoption of the attached supplemental appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the General Fund.
LW:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 539120 0353403 $446,944.00
Libby Watson 6183 GG01 462624 0353403 $446,944.00
Originating Department Head:
Ralph Mendoza 48386 (from)
GG01 539120 0353403 $446,944.00
Additional Information Contact:
Susan Alanis 78262