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HomeMy WebLinkAbout26-022 - Gene Meyers Towing - 2026 Towing ServicesContract Number: 26-022 Council Approval N/A This 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 Gene Meyer Towing„,,,,, hereinafter referred to as "the Contractor," whose principal office is located at 225 Rainier Ave. S, Renton WA 98057 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. Scooe and Schedule of Services to be Perfrmed by Contiactor. 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. Compensation 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 exceedy 40 000 at a rate of (see 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 January 1s 2026 , and ending December 31, 2026, unless sooner terminated under the provisions hereinafter specified. 5. Independent 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. Indemnification. 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 Should a court of competent jurisdiction determine that this Agreement is subject to RCC 4,24.11 5, then, in the event of iiabiflity for damages arising out of bodily injury to, persons, or damages to property caused by or resulting from the, concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the ,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. Insurancq. The Contractor shall procure and maintain for, the duration of the Agreement, insurance against claims for injuries to persons or damage to propertywhich may arise from or in connection with, the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors, Contractor's main enance of insurance, its scope of coverage and limits as required herein shali not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at Iaw or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types, and with the limits described below - 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of 1,000,01010 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO), form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the pollicy shall be endorsed to provide contractual liability coverage,,, Z Commercial General Liability_insurance with limits no less than $2,0010,000 each occurrence, $2,000,,000 general aggregate and $2,000,,000 products -completed' operations aggregate limit, Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00, 01 and shall cover, liability arising from premises, operations, independent contractors, products -completed operations, stop gap lliablility, personal injury and advertising injury, and liability assumed under an insured contract, The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 019 or an equivalent endorsement. There shall be no exclusion for liability ariising from explosion, collapse or, underground property damage. The City shallll be named as an additional insured uirder the Contractor's Commercial Generai Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 ands Additional Insured -Completed Operations endorsement CG 20, 3,7 10 01 or substitute, endorsements providing at least as broad coverage, 3, Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor Maintains higher insurance limits thane the minimums shown above, the Public Entity shall be insured for the full available limits, of Commercial Genieralll and Excess or umbrella liability maintained by, the Contractor, irrespective of whether such (limits maintained by the Contractor are greater, than those required by this Contract, or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor, C, Other Insurance Proviisioni. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance,, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 4 of not less than, A: W, E. Verification of Coverage. Contractor shall furnish the City with original certificates ands a copy of the amendatory enclorsements, iinicluding but not necessarily limited to the additiionall insured endorsement, evidencingi the insurance requirements of the Contractor before commencement of the, work. Upon request by the City, the Contractor shall furnish certified copies, of alll required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors" coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as, set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors, The Contractor shall ensure that the Public Entity is an additional insured on each, and every Subcontractor's Commercial Generall liability insurance, policy usingi n encorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 110 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two, business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain 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. D11111111111 10=4 J '1 11 A. The Contractor shall maintain accounts and records, including personnel, property,, financial and programmatic records which sufficiently and properly reflect alll direct and indirect costs of any nature, expended and services performed in the performance of this 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 a, period of seven (7) years after termination hereof unless permission to destroy them, is granted by, the office of the archivist in accordance with RCVV Chapter 40,114 and by the City. 9, ALIdiJj and IL3Z12ggh,au . The records and documents with respect to all matters covered by this Agreement shall be subject at all t mes, to inspection, review or audit by law during the performance of this ,Agreement, 110., Jermiliatiga. This Agreement may at any time be terminated by the City giving to, the Contractor thirty (30) days written, notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination, If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. DisgriMinalion Prohibitgd. The, Consultant, with, regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, maaritall status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12.6AAi9nMRD1 and Sul2contEgG ."The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written, consent of the City. 11 Erg 6912ement: MAWCAIJ011. This Agreement,, together with attachments or addenda, represents the entire and integrated Agreeent between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No, amendment or modification of this Agreement shall) be of any force o, 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. Notices• 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. Anglicable — Ye ue;_A otIIgy'Fge�. 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 6th day of January 20 26 . CITY OF TUKWILA CONTRACTOR: Signed by: SEE2438�545B44C... Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Signed by: L �. a" 5E4ggCA4165E452 Office of the City Attorney Pried Nerve: 4'' _... . Title: Address:___ �• � s" CA Revised May 2020 Page off Exhibit A Scope of 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) RCW 46.55.1.00 Impound notice—Abandoned vehicle report—Owner information, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, liability—Disposition report. (1) At the time of impoundment, the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. • If towing a vehicle to a City of Tukwila facility, the contractor will provide the City of Tukwila 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.