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HomeMy WebLinkAbout24-200 - A-Seattle Towing - 2025 Vehicle Towing ServicesThis Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and,A-Sea tle Towing LLC, hereinafter referred to as "the Contractor," whose principal office is located at 17878 Des Moines Memorial Drive Burien WA. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor_ The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Comgengation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed..$40,000 at a rate of Exhibit B . 3. Contractor Budget The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing December 1. 2024, and ending..December 31.2025_, unless sooner terminated under the provisions hereinafter specified. 5. Indeoen ent Contractor, Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemn flli=4n. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 Should a court of ooOopatart jurisdiction determine that this Agreement is subject to RCVV 4.24.115, then, inthe event Vfliability for damages arising out ofbodily injury to persons ordamages \n property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its nMicgrS' officials, employees, and volunteers, the Contractor's liability hereunder shall be only tVthe extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver Of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. 113surgarp.. The Contractor shall procure and maintain for the duration of the Amr8enl8nL insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. COD[[8CtOr's Dl8iDteD8noe of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by Such iDaU[8Oce' or otherwise limit the City's recourse to any remedy available at law or in equity. A. K01n|nmunn Scope of Insurance. Contractor shall obtain insurance ofthe types and with the limits described below: 1.nSu[aDce with a [DiDi0u[D combined single |irDd for bodily injury and property damage of $1,000,000 per accident. Automobile ||ob||hv insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (|S[)) h]rnn CA OD 01 or a substitute f0nn providing equivalent liability coverage. If necessary, the policy shall be endorsed toprovide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2.0D0,0DOeach occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-com pl eted operations aggregate limit. CV[D[Den:iG| GgOg[G| Liability insurance shall be as least at broad as ISO 8OCurr8OCB h][[D CG 00 01 and Sh8|| cover liability arising from p[m[niSee, ope[@tiOns, independent oznLnaotVna, prod Unta-oonnp|eted openationm, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed toprovide aper project gener8|3ggreQ8tH|innitUSing|S[>h)rrn CG 2583050Qoranequivalent endorsement. There shall benoexclusion for liability arising from explosion, collapse orunderground property damage. The City shall benamed as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 2O37 10 01 or substitute gndnn88OO9Dts providing otleast ao brood coverage. 3.Workers' coverage asrequired bythe Industrial Insurance laws of the State of B. Public Entity Full Availability mfContractor Limits. Ifthe Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Connnoen:ia| General and Excess or Umbrella liability maintained by the ConirgctVr, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract orwhether any certificate Vfinsurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance pV|i[j8e are to contain, or be endorsed to contain that they shall be primary insurance with respect tOthe City. Any insurance, SS|AnourGnC8' or insurance pO0| COv8[ag8 maintained by the City shall be excess of the Contractor's insurance and 8h8U not contribute with O. Acceptability Insurers. Insurance i8[obeplaced with insurers with acurrent A`K4.Best rating ofnot less than A: VU. EVerification of Coverage. Contractor shall furnish the City with originalcertificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement Of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance po|icigs, including eDdO[seOOeDt8. required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor b} provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein' except the Contractor shall have gV|e responsibility for determining the limits of coverage required t0be obtained bySubcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's C00OOorCi8| General liability iOGu[@DC8 policy using 8O endorsement as least 88broad as ISO CG 20 10 10 01 for ongoing operations and CG 2037 10 01 for completed Op8n8tiODS. G. Notice of Cancellation. The Contractor shall provide the City and all AddUUODG| |OSu[edS for this work with written notice of any policy cancellation, within two business days of their receipt of such H. Failure toMaintain Insurance. Failure onthe part ofthe Contractor tOmaintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and 8RrviCgg performed in the performance ofthis Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for 8 period of seven (7) y8@[S after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and WS12ertigpfi. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. JeriMipatign. This Agreement may 8tany time beterminated bvthe City giving tnthe Contractor thirty (30) days written notice of the Qb/'g intention to h3O0iO8te the same. Failure to provide products OD schedule may result iOcontract termination. |fthe Contractor's insurance coverage is canceled for any [S@sOO. the City shall have the right to terminate this Ag[GgDleDt immediately. 11, Discriminatiou l2rabibited. The Consultant, with regard tothe work performed byitunder this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affi|iation, the presence of any disability, or any other protected class st@1U8 under state or federal |avv' in the selection and retention of employees or procurement of materials or supplies. 12. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13, We Agreement MQdifir. This Agreement, together with attachments uraddenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior DegotiabVM8. Fep[es8UtotionS, or agreements written Or oral. No amendment Or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 4 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notjcgs. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. A=Licy'a Eggs This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this .......?..n.d................ day of ........................................................ J.a..n..u.a..... _ 2025. CITY OF TUKWILA Signed by: C --6L ._ 'I Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: FEB1F L\6426— Andy Youn, City Clerk APPROVED AS TO FORM: F igned by: ... Office of the City Attorney CONTRACTOR: By: -. -: M MCI Title: re Address:#i► ." r ,' CA Revised May 2020 Page 4 of 4 Exhibit A Scope or Work Class A or E tow truck response times will be o No more than 20 minutes during daylight hours o No more than 30 minutes during hours of darkness and weekends "Response time" is defined as the amount of time required for a truck (or trucks) to arrive on scene once requested. - At least two (2) class A or E trucks will be available to respond to the City of Tukwila generated tow calls at all times (dedicated trucks to Tukwila) Class C tow truck response times will be o No more than 45 minutes during daylight hours o No more than 60 minutes during hours of darkness and weekends • "Response time" is defined as the amount of time required for a truck (or trucks) to arrive on scene once requested. Contractor will provide fully trained drivers to facilitate the safe removal of vehicles Supervisors will be available to consult with contractor company drivers as needed in order to facilitate the safe removal of vehicles • Contractor will cleanup scene as reasonably necessary or as directed (e.g. removing pieces of crashed vehicles, sweeping up glass or other debris deposited on the roadway or right of way) • If towing a vehicle to a City of Tukwila facility, the contractor will provide the City with an invoice that lists, at a minimum: o Date and time of tow or impound o Police case number o Location towed from and location towed to o Tow fee (Including applicable tax rate for the City of Tukwila) o Towed vehicle license plate number (or VIN if no license plate available) 0 4 -digit City of Tukwila vehicle number (If City owned/leased vehicle) o Year, make, model of vehicle Contractor will provide the invoice when the tow service is complete All invoices for services will comply with the rates as listed in Exhibit B -Rate Schedule Exhibit B Compensation Truck Rates (per hour) Class A&E $297.00 Rotator $415.00 Class B $359.00 Rotator $501.00 Class B-2 $482.00 Rotator $673.00 Class C $622.00 Rotator $873.00 Class S1 $1,041.00 40+ Ton Rotator Storage Rate: Outside: $75.00 Secure Hold $120.00 Hourly Labor/ After Hours Release: After Hours Fee $149.00 Casual Labor $149.00 All other provisions of the contract shall remain in full force and effect.