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HomeMy WebLinkAbout26-024 - Contract - A Seattle Towing, LLC - 2026 Towing ServicesI QA City of Tukwila Contract Number: 26-024 6200 Southcenter BOLflevard, Tukwila 4' A98188 Council Approval N/A "W. '2 CONTRACT FOR SERVICES 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 A -Seattle Train hereinafter referred to as "the Contractor," whose principal office is located at 17878 Des Moines Memorial DrivpBqri 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. Scope 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. WOO 3. Contractor Bt: 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 4antLq!y ._A, 2026, and ending December 31, 2026, unless sooner terminated under the provisions hereinafter specified, CA Revised May 2020 Page I or4 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.1115, then, In the event of liability 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 Publ;ic Entity, its officers, officials, ernployees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractors negligence. It is further specifically and expressly understood that the inde mnifii cation provi:deid herein constitutes the Contractor's waiver of immunity under Industrial' Insurance, Title 511 RCW, solely for the purposes of this indemnificafion. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall, procure and maintain for the duration of the Agreement, insurance against claims for infuries to persons or, damage to property which may, arise from oonnection with the performance of the work hereunder by the Contractor, their agents, representatives,: employees or subcontractors. Contractors maintenance of insurance, its scope of coverage and Ilmlits as required herein shall not be construed to limit the liability of the Contractor to, the coverage provided by such insurance, or otherwise limit the City's recours- to any remedy, available at law or in equity'. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 2, Commercial General LiatMinsurance with limits no less than $2,000,000 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 prernises, operations, independent contractors, prod lucts-com w--woperations, stop gap hability, personal injury and advertising !injury', and Hability assumed under an insured contract. The Commercial General Liability, insurance shall be endorsed wwwovide a per project general: aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall, be no excliusion for liability arising from explosion, collapse or underground property damage. The, City shall be named as an additional insured under the Contractor's Commercial General Liability insurapolicy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Inslured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad cowas 3. Workers' Cornggnsation.,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 than the minimums shown abqve, the Publib'Entity. shall be insured for the full! available limits of Commercial, General and" Excess or Umbrella liability maintained by the, Contractor, irrespective of whether such limits maintained by the Contractor are greater than thM se required by this Contract or whether any certificate of insurance furnished to the P,ubilic Entity evidences limits of hability lower than those maintained by the Contractor. C. Other Insurance Provision., The Contractor"s Automoibiile Liability and Commercial General Liab,illity 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 w`_ of the Contractors insurance and shall not contribute with �D. Acceptability of Insurers., Insurance is to be "placed with insurers with a current A.M. Best rating CA Revised May 2020 1 Page 2 oF4 of not less than A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates 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 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 General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 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. 8. Record Keeping and Reporting. 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 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 RCW Chapter 40.14 and by the City. 9. Audits and Inspections. 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. Termination. 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. Discrimination Prohibited. 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, marital 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. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the e1htire and integrated Agreement 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 or effect unl ess it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 4 14. Severability and Surviva,l. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event sha[I not affect any other provisions hereof and all other; provisions shall remaoins of this Agireement, which by their sense and context are reasonably intended to survive the completion, expiration or cancel,l�atiion of this Agreement, shall survive termination of this Agreement. I aw e14.16it Notices to the, Contractor shall be sent to the address p'irovided by the Contractor upon the signature line below. 16. Applicable �Law, Venue; Attorn2y's Fees. This Agreement shal�l be governed by and construed in accordance with the laws of the State of Washington. In the event any suft, arbRration, or other proceeding is instituted to enforce any term of this Agreement, the parties splecifical�l�y understand and agree that venue shal�l be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attoriney's fees and costs of suit. DATED this 6th day of Januaa _ _, 20 26 CITY OF TUKWILA -E Signed by: 'REF22MOt451344 Th as c eo , Mayor ATTEST/AUTHENTICATED: Signed by: 84'23 - ----------------- - - ,Andy Youn-Barnett, City Clerk Signed by: E d- a . - ................. `14-"65"452' Office of the City Attorney Add ress, C'A Rcviscd May 20201 Pagc 4 of 4 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 46.55.100 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.