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HomeMy WebLinkAbout98-053 - Skyway Towing - Vehicle Towing ServiceAMENDMENT 3 CONTRACT FOR SERVICES VEHICLE TOWING SERVICES FOR THE TUKWILA POLICE DEPARTMENT Rates for Towing Services The Bid Proposal Form and Contractor Rates section of the City's contract with Skyway Towing are amended as shown on Attachment A (bid Proposal Form) and Attachment B (Contractor's Rates). The City shall pay the Contractor the rates outlined in Attachments A and B for towing work done at the City's request. Duration of Amended Rates Schedule The rates listed on Attachment A and Attachment B will be in effect from the effective date of passage of this amendment. All other provisions of the contract rem DATED this ,l'-`1) day of CONTRACTOR , 2007. CITY OF TUKWILA 2-5/617 7 ?/' Steven M. Mullet Ma or f Kenneth B. Powell II, President / Y ATTEST/AUTHENTICATED Jane E. Cantu, City Clerk APPROVED AS TO FORM City Attorney 6L, ATTACHMENT A BID PROPOSAL FORM The undersigned proposes to perform all work in strict compliance with the amounts set forth below 1 To perform all Towing Contract work in accordance with the attached Contractor Rates as submitted. Class A B C River Recovery Hourly Rate 125 00 150 00 250 00 300 00 8 8% WA State Sales Tax 11 00 13.20 22 00 26 40 Total $136.00 $163.20 $272.00 $326.40 F.O.B - N/A Delivery — N/A Teiins — N/A FIRM NAME. Skyway Towing & Recovery, Inc. ADDRESS. 2960 E. Valley Road, Renton, WA 98055 TELEPHONE. (425) 226-8050 FAX. (425) 226-8853 SIGNED BY. Signature of approved representative PRINTED NAME 2,//1- r//, /e/t)1.-1-4._ DATE SIGNED. 36%7 ATTACHMENT B CONTRACTOR RATES 1 Service Calls 2. Towing includes 1st hour A. Class A Truck $ 125.00 Bid Amount $ 125 00 Bid Amount B Class B Truck $ 150.00 Bid Amount C Class C Truck $ 250.00 Bid Amount D River Recovery $ 300.00 Bid Amount 3 Standby Time (15 minute intervals, after 1St hour) Class A & B Truck Class C Truck 4 Winching (15 -minute intervals) 5 Drive Line Removal $10 00 6 Dolly rental — included in tow fee Included m tow fee 7 Mileage fee (after 10 miles) $2 50 per mile 1/4 of hourly rate, per 15 -minute interval 1/4 of hourly rate, per 15 -minute interval 1/4 of hourly rate, per 15 -minute interval 8 Vehicle release between 5 PM and 8 AM and/or weekends or Holidays) $50 00 9 Storage (1St 12 hours — no charge) Amount for each additional 24-hour Period. $35 00 CHARGES SHALL BE AS STATED FOR ITEMS 3 THROUGH 9 .AG qg-53(b) AMENDMENT 2 CONTRACT FOR SERVICES VEHICLE TOWING SERVICES FOR THE TUKWILA POLICE DEPARTMENT Rates for Towing Services The Bid Proposal Form and Contractor Rates section of the City's contract with Skyway Towing are amended as shown on Attachment A (bid Proposal Form) and Attachment B (Contractor's Rates) The City shall pay the Contractor the rates outlined in Attachments A and B for towing work done at the City's request. Duration of Amended Rates Schedule The rates listed on Attachment A and Attachment B will be in effect from the effective date of passage of this amendment. Ali other provisions of the contract remain in full force and effect. DATED this 7 day of -1A L'1 , 2003 CONTRACTOR CITY OF TUKWILA Kenneth B Powell II, President ATTEST/AUTHENTICATED 6 ! L L Jane E Cantu, City Clerk fn A Steven M. Mullet, Mayor APPROVED AS TO FORM ist of 2 :� - ENT'D JUL 17 2003 AG 9P -o53 (b) ATTACHMENT A BID PROPOSAL FORM The undersigned proposes to perform all work in stnct compliance with the amounts set forth below 1 To perform all Towing Contract work in accordance with the attached Contractor Rates as submitted. Class A B C River Recovery_ 225 00 Hourly Rate 95 00 125 00 200 00 88% WA State Sales Tax 836 11 00 1760 1980 Total $103.36 $136 00 $217 60 $244.80 F.O.B - N/A Delivery — N/A Terms — N/A FIRM NAME Skyway Towing & Recovery, Inc ADDRESS 1201 Lind Ave. SW, Renton, WA 98055 TELEPHONE. (425) 226-8050 FAX. (425) 226-8853 /NJ SIGNED BY. Signature of approved representative _s ,9 PRINTED NAME 2 J LIN N (7 'E � 1 V e- 015 ;DATE SIGNED. 7) ? ATTACHMENT B CONTRACTOR RATES 1 Service Calls 2 Towing includes 1St hour A. Class A Truck $ 95.00 Bid Amount $ 95.00 Bid Amount B Class B Truck $ 125.00 Bid Amount C Class C Truck $ 200.00 Bid Amount D River Recovery $ 225.00 Bid Amount 3 Standby Time (15 minute intervals, after 1St hour) Class A & B Truck Class C Truck 4 Winching (15 -minute intervals) 5 Drive Line Removal $10 00 6 Dolly rental — included in tow fee Included in tow fee 7 Mileage fee (after 10 miles) $2 50 per mile 1/4 of hourly rate, per 15 -minute interval 1/4 of hourly rate, per 15 -minute interval t/4 of hourly rate, per 15 -minute interval 8 Vehicle release between 5 PM and 8 AM and/or weekends or Holidays) $50 00 9 Storage (1st 12 hours — no charge) Amount for each additional 24-hour Penod. $30 00 CHARGES SHALL BE AS STATED FOR ITEMS 3 THROUGH 9 Amendment 1 Contract for Services Vehicles Towing Services for the Tukwila Police Department Rates for Towing Services The Bid Proposal Form and Contractor Rates section of the City's contract with Skyway Towing are amended as shown on Attachment A (Bid Proposal Form) and Attachment B (Contractor's Rates) The City shall pay the Contractor the rates outlined in Attachments A and B for towing work done at the City's request. Duration of Amended Rates Schedule The rates listed on Attachment A and Attachment B will be in effect from the effective date of passage of this amendment. All other provisions of the contract remain in full force and effect. DATED this ��- day of r`$_ %_ s , 2000 CONTRACTOR. CITY OF TUKWILA Kenneth B Powell II, President Steven M. Mullet, Mayor ATTEST/AUTHENTICATED 1 1 1 I ��_ f 1, {, .)i.[ I- it : C Jane E Cantu, City Clerk N APPROVED AS TO FORM 'fu City Attorney ATTACHMENT A BID PROPOSAL FORM The undersigned proposes to perform all work in strict compliance with the amounts set forth below 1 TO PERFORM all Towing Contract work in accordance with the attached Conttractor- Rates as submitted Washington State Sales Tax Total Bid including Sales Tax FOB N/A Delivery N/A A 8 C D 85.00 115.00 150 00 200 00 ii$ . $ 7.31 9.89 12 90 17 20 $ 92 31 12489 16290 21720 Terms N/A FIRM NAME SKYWAY TOWING & RECOVERY, INCArDDRESS 1201 LIND AVE SW CITY, STATE, ZIP RENTON , WA 98055 TELEPHONE 425-226-8050 FAX 425-226-8853 SIGNED BY signature of approved representative PRINTED NAME RICHARD CHRISTENSEN DATE SIGNED 1 Service Calls 2 Towing, includes 1st hour A. Class A Truck 3 B Class B Truck C Class C Truck *D River Recovery Stand By Tune (15 minute intervals, after lst hour) Class A and B Truck Class C Truck 4 Winching (15 minute intervals) Drive Line Removal Dolly rental -included in tow fee Mileage fee (after 10 miles) 5 6 7 8 9 ATTACHMENT B CONTRACTOR RATES $ 85.00 Bid Amount Vehicle release between 5 PM and 8 AM and/or weekends or holidays Storage (1st 12 hours no charge) amount for each additional 24 hour period a. Inside b Outside $ 85.00 Bid Amount $ 115.00 Bid Amount $ 150.00 $ 200.00 1/4 of hourly rate, per 15 minute intervals 1/4 of hourly rate, per 15 minute intervals 1/4 of hourly rate, per 15 minute intervals $ 10 00 Included in tow fee $2 50 per mile $50 00 $ 30 00 $ 20 00 CHARGES SHALL BE AS STATED FOR ITEMS 3 THROUGH 9 *New' River Recovery' category Police Towing and Impound Contract Tukwila Police Department Contract Addendum Registered disposer licence Number, Primary and Secondary Storage Areas and F.C.C. Radio Service License Number 1 Registered Disposer License Number per RCW 46 55 5191 and 5023 2 Contractor is to provide location of primary and secondary (if applicable) storage areas and proximity to the City of Tukwila, in miles Primary Storage Area. 2980 E Valley Hwy Renton, WA 98055 Proximity to the City of Tukwila. 1.5 Miles Secondary Storage Areas 2980 E Valley Hwy includes two other Storage yards. All Storage yards are approved by the WSP. Approximately 4.5 Acres of fenced area 3 Contractor is to indicate below its F C C Radio License Number F C C License Number 9702R198183 Expiration Date 5 February 2002 4 The bidder is required to indicate all tow trucks to be assigned / Available to perform the services required (list year, make, type, vin, and license) See following pages for truck list 4 The bidder is required to indicate all tow trucks to be assigned / Available to perform the services required. (list year, make, type, vin, and license) Cont. #18 1980 GMC 3500 H93191 #25 1988 Ford F-450 11631P #26 1989 Ford F-450 24664T #27 1977 GMC 3500 HV9159 #38 1986 Iveco NEC 32721L #39 1988 Ford F-450 62691N #08 1978 GMC #17 1980 Ford #19 1984 Inter #23 1975 Ford #29 1991 Inter #35 1995 Inter #37 1996 Inter F-600 1700 F-600 4700 4700 4700 #28 1989 Freightliner A38071A 84704H 57466J 77423L 72436W 76381Z A38119A A Class Trucks TCM33AJ506099 2FDLF47M7JCA94587 2FDLF47M5KCA94511 TCL337Z506336 ZCFDC3142G1400733 2FDLF47G3JCA60916 B Class Trucks TCE668V587134 R80SVJA5620 1 HTLAHEM3EHA30483 F60DVV41113 1 HTSAZRK4MH350434 1HTSCABK6SH612330 1HTSCABM5TH282165 C Class Trucks A94222A 1FUYDCYBOKP364727 Century Century Vulcan Vulcan Super Cradle Flat Bed Flat Bed Zak Lift Holmes Holmes Holmes Flat Bed Flat Bed Vulcan #30 1979Kenworth 194221A 173404S Zak Lift See next page for list of special equipment and services offered by Skyway Towing Offers to all Police agencies and Private Requests. 4. The bidder is required to indicate all tow trucks to be assigned / Available to perform the services required. (list year, make, type, vin, and license) cont. Special Equipment 1 - Chevy Travelall emergency response vehicle for equipment not usually carried on a tow truck like extra lights, generators, saws, and spill cleanup supplies. 2 - 53 foot Landoll Trailers for loading large trucks missing rear wheels, boats with damaged trailers, busses, or motor homes and coaches 4 - Semi Tractors (inspected and approved by Washington State Patrol and DOT) 1 - Forklift to help transfer loads from disabled or damaged trucks or trailers. It also helps to aid in the cleanup of large tractor / trailer roll over Under construction Skyway Towing currently has three more trucks under construction that are scheduled to be put into service by mid July of 1998 All of the Chassis and Recov- ery units are already in our shop This will add a A Class Truck, B Class Truck and C Class Truck to our already existing fleet. 5 The bidder is required to indicate its communications equipment capability to meet the contract requirements Skyway Towing Inc operates a 157.5 mhz radio system licensed at 75 watts which. it owns outright. It is on the Emergency Auto Ban set up by the F C C with a call sign of WNYK590 This insures at least a 40 mile radius of coverage with out the usual dead zones of coverage or "wholes" We have our own antenna system, so we do not relies on repeaters or transformers that may go down. Since this system is owned completely by Skyway Towing there is no provider that may go down or interrupt service. Skyway Towing Inc also assigns each driver and supervisor a Motorola Digital Pager to insure contact with a person even if they are out of the vehicle or a phone line is busy Skyway Towing Inc also supplies key personal with Cellular phones as an added measure of protection to make sure the lines of communications are open. 6 The bidder shall provide a detailed description of its prior experience in furnishing of Impound and Storage Services For the last 38 years Skyway Towing Inc has provided Impound and Storage ser- vice both privately and for the Law Enforcements Agencies of the area. This includes, but is not limited to, Washington State Patrol, King County Police Department, Renton Police Department, Kent Police Department, and Tukwila Police Department. We have also rendered Service to Drug Enforcement Agencies, FBI, Railroad Law En- forcement, Metro Officers, and United States Marshals. 6. The bidder shall provide a detailed description of its prior experience in furnishing of Tmpound and Storage Services. Cont. Skyway Towing Inc will soon also be offering its services to the Auburn, Algona, and Pacific Police Departments when we open our new office in the City of Auburn. This new office will not effect our ability to service Tukwila as it will have its own staff. trucks and storage yard. At this time we furnish Towing, Impound, and Storage Service to Washington State Patrol, King County Police Department, and Kent Police Department. Skyway Towing Inc is also listed and provides backup threw Valley Com as well as doing private request towing and accidents for all law enforcement agencies m King County 7. The bidder is to indicate how it would meet the response time requirement of this contract: All police calls, either for impound, accident, or private request, are given top priority by our dispatch. This includes taking a driver off of a existing call they are on to rerouting them to a police agencies call The managers and corporate officers at Skyway Towing Inc have a long history in the towing industry and will be ca- pable and willing of taking any available truck and providing service if no driver is immediately available. At night drivers have 10 minutes to be m there truck and enroute to a police call from their homes. Since our shop is only 5 minutes from Tukwila, and drivers are required to live with in 5 minutes of our shop, then no driver should ever take longer than 20 minutes to respond to a Tukwila Police Call. 7. The bidder is to indicate how it would meet the response time requirement of this contract. Cont. Skyway Towing Inc also uses shift drivers at night. Working shift drivers at night helps to make sure there is a driver on the street when a police call comes in. This helps insure that the evening hours does not take away from the level of expertise. Neither Skyway Towing, or the Police Departments need suffer because of the late- ness of the hour. 8. Manpower: Indicate how sufficient staff is maintained through the year to meet the requirements of this contract, in addition to other contracts the bidder may be performing at the same time Skyway Towing Inc maintains over 20 trucks in its fleet. Spare trucks are always available in case of a truck breakdown. All drivers are cross trained in at least 2 classes of truck, and all three trucks classes A, B, and C are represented in the night rotation crews. All drivers are hourly employees, not commission, so that the amount of the tow is never a motivator in any way All drivers are offered full benefit pack- ages including medical, dental, and vision. This shows drivers the commitment that the Skyway gives them, and in return drivers stay longer and turnover is low Office and dispatch employees are also paid hourly and cross trained to every office job. This allows the office to function even if one or two employees are out for what ever reason. Again, all Corporate officers and Managers can do all office jobs in the case of an emergency 8. Manpower: Indicate how sufficient staff is maintained through the year to meet the requirements of this contract, in addition to other contracts the bidder may be performing at the same time Cont. Skyway Towing has been inspected and approved by both the Washington State patrol and Washington Department of Transportation. DOT has checked our drug testing program and inspected all of our records giving us a clean bill of operation in March of 1998 This is evedent by Skyway Towing DOT numbers and ICC numbers. 9. Supervision. Indicate the degree of supervision for employees. Attach an organizational chart to this document: Kenneth & Donna Powell - Corporate President & Vice President 38 years of Towing and Recovery experience in both the office, and in Tow Trucks. Mr Powell has passed the Towing and Recovery Association of America Heavy Duty Course and is certified by Washington Drug Free Business per 49 CFW 603 of The Federal Highway Administration. Mr and Mrs. Powell have been a mainstay in the South County for nearly 4 decades and their contributions to the community are a well known fact. Richard Christensen - General Manager 27 years of management experience makes Mr Christensen a model rudder for the Skyway Towing. He oversees all aspects of the company operations. Mr Christensen began the drug screening program at Skyway Towing making it one of the first Tow- ing Companies to have a testing and hiring policy Mr Christensen directs all con- tracts, proposals and applications as well as being the liaison between Skyway and any contract holders He too is certified by Washington Drug Free Business per 49 CFR 603 of the Federal Highway Administration. 9 Supervision. Indicate the degree of supervision for employees. Attach an organizational chart to this document: Cont. Mary Anderson - Office Manager 13 years with Skyway Towing Inc experience in both the office, and all laws, Federal, State, County, and Cities Mrs. Andersons expertise in the paperwork area of the Towing Industries is well documented. It is little wonder that a Kent Police Officer recently commented that, "If you have a question. just ask Mary " Bonafacio Pauza - Towing Co -Ordinator 15 years of Experience, starting as a tow driver and working up to management possessions in some of the largest Towing firms in the Washington State Mr Pauza oversees all driver training, scheduling, and discipline He is also responsible for truck repair, inspection, and service Mr Pauza also handles Safety Meetings and keeping the company up and latest technology and changes to the industry He is Nationally Certified by the Towing and Recovery Association of America, Washington Tow Truck Association Light and Medium Duty Course, AAA Towing and Customer Training, Stars Safety Program Instructor, and Certified by Washington Drug Free Business per 49 CFR 603 of the Federal Highway Administration. Skyway Towing also has as assets Kevin Schenewerk as Lead Large Driver, bang- ing with him 15 years of Large Towing and Recovery, and recognized as one of the areas best in Large Vehicle Roll over Another asset is Pat Daily His 25 years as a customer service rep makes it easy for us to instantly handle any situation with any customer See Organization Chart on next page. SKYWAY TOWING AND RECOVERY INC. ORGANIZATION CHART Kenneth Powell - Corporate President Donna Powell - Corporate Vice President Richard Christensen - General Manager f- Bonafacio Pauza - Towing CoOrdinator Kevin Brian Roy Bill Boyd Rob Mike James Richard Steve Dave Earl 10 Indicate your training program to insure operators are competent and skilled to perform the work assigned to them All drivers at Skyway Towing, both new and experienced, are trained and tested using the TRIG (Towing and Recovery Insurance Group) guidelines by the Towing Co -Ordinator All TRIG check outs are randomly verified by management to insure driver awareness is at a maximum. After 30 days on the job each driver receives his performance review, and if satis- factory, must be registered for the next available National Certification course This makes Skyway Towing Inc the first towing company in the Northwest to make national Certification a prerequisite of employment. The cost of these courses are paid by the company All drivers are to have a CDL (Commercial Driver License) by the end of 1998 This requirement is not just for the C Class drivers, but all drivers as that is the level of professionalism we expect. Here at Skyway we demand more of our drivers so you may expect more as well. 10 Indicate your training program to insure operators are competent and skilled to perform the work assigned to them Cont. We also encourage all drivers to attend The Ross Kinman Safety Seminars spon- sored by the Washington Tow Truck Association, and TRIG So far over 70% of our drivers have attend at least one, and several drivers have attended more The STARS safety program is also stressed in the company 11 Indicate your procedure for resolving issues that may arise out of the performance of this contract. Any issues that may occur will be handled in the following 5 Steps 1) All information from whatever source is documented by management. 2) Driver of Office personal gives a written statement of fact. 3) Manager reviews both statements and goes over them with each party 4) Manager goes over situation with the rest of the management team and makes their recommendations Management will them approve final resolution. 5) Dick Christensen gives all parties concerned copies of all facts and statements and reports final resolution to them. As sometimes happens, all parties may not agree on the resolution, so more work may be needed. Using this system Skyway Towing has been able to settle almost all situa- tions to everyone's mutual agreement. Even in cases where some parties could not agree on a final course of action they have enjoyed having everything written down for their use later on. 12 Provide at least three (3) references of companies for whom the bidder has recently performed services similar to the services required in the contract document Contact. Trooper Dewey, WSP Towing Inspector Company Name Washington State Patrol Address 2803 156th St SE, Bellevue WA 98007 Phone Number 025) 649-4370 Dates and description of services provided. Since March 1962 As with all law enforcement contracts, appointments, and rotations the services tend to be the same Impound vehicles per State Trooper, Impounding vehicles per owner at scene of accident, Providing private tows for motorists in distress, and tow- ing disabled Washington State Patrol cars. Contact David Estep Company Name King County Police Department Address King County Courthouse, Seattle WA Phone Number (296) 205-8206 Dates and description of services provided Since May 1965 Impound vehicles per King County Police Officer, Impounding vehicles per owner at scene of accident, Providing private tows for motorists in distress, and towing cars to be used as evidence to the KCPD yard at Lake Young Facility, and possibly return tow of same vehicle to our yard. 12 Provide at least three (3) references of companies for whom the bidder has recently performed services similar to the services required in the contract document Cont. Contact: Captain Ed Crawford Company Name Kent Police Department Address 220 S 4th St, Kent WA 98032 Phone Number• (253) 859-4167 Dates and description of services provided Since March 1985 Impound vehicles per Kent Police Officers, Impounding vehicles per owner at scene of accident, Providing private tows for motorists in distress, towing disabled Kent Police cars, and hold cars in secured inside storage for investigation. Vehicle Towings Service for the Tukwila Police Department CITY OF TUKWILA CONTRACT FOR SERVICES THIS AGREEMENT, entered into this 22 day of May 199 8 , between the City of Tukwila ("City"), and Skyway Towing&Recovery, Inc. , ("Contractor") WITNESSETH The parties, in consideration of the terms and conditions contained herein, do hereby covenant and agree as follows 1 Compensation. 11 The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications and the terms and conditions contained herein The City agrees to pay the Contractor according to the payment schedule attached herein, said payment schedule includes any applicable sales or use tax. 2 Scope of Work. 2 1 The Contractor shall perform the work according to the procedure outline in the specifications attached hereto and incorporated herein. 3 Duration. 3 1 Work shall start as provided for in the attached statement of work. The Contract shall be completed in 30 calendar days If the work is not completed within the time specified, the Contractor agrees to pay the City the sum f'' . F for each day the Contract remains uncompleted after the expiration of the specified time as liquidated damages Said sum is fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City would sustain in the event of noncompletion within the specified time 4 Bonds. 4 1 If required by the specifications, Contractor agrees to obtain a perfoiiiiance bond using AIA document A311 Performance Bond, or other form approved in advance in writing by the City If required by the specifications, Contractor agrees to obtain a labor and material bond using AIA document A311 Labor and Material Bond, or other form approved in advance in writing by the City 5 Relationship between Citv and Contractor 5 1 Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City 6 Workers' Compensation and Insurance. 6 1 With respect to all persons performing the Services, Contractor shall secure and maintain in effect at all times during performance of the Services coverage or insurance in accordance with the applicable laws relating to workers compensation and employer's liability insurance (including, but not limited to, the Washington Industrial Insurance Act and the laws of the state in which any such person was hired), regardless of whether such coverage or insurance is mandatory or merely elective under the law 6.2 Contractor shall furnish to City such assurance and evidence of such coverage or insurance (such as copies of insurance policies and Certificates of Compliance issued by the Washington State Department of Labor and Industries) as City may request. 6 3 Contractor shall secure and maintain insurance with provisions, coverages, and limits substantially as specified in the attached certificate of insurance, endorsement and/or schedule of insurance requirement or, if none is attached, with such provisions, coverages, and limits as City may from time to time specify to protect City, its successors and assigns, (collectively, the "Additional Insureds") from any claims, losses, harm, costs, liabilities, damages, and expenses (including, but not limited to, reasonable attorneys' fees) that may arise out of any property damage, bodily injury (including death) or professional liability related to the Services. Upon City's request, Contractor shall furnish City with such additional assurance and evidence of such insurance (such as copies of all insurance policies) as City may request. Within thirty (30) days after any renewal or any notice of termination, cancellation, expiration, or alteration in any policy of insurance required under this Agreement, Contractor shall deliver to City a certificate of insurance acceptable to City with respect to any replacement policy 6 4 Such policies or endorsements thereto must contain the following provisions 6 4 1 "The City of Tukwila is an additional insured for all coverages provided by this policy insurance and shall be fully and completely protected to the extent provided in said policy for any and every injury, death, damage, and loss of any sort sustained by any person, organization, or corporation in connection with any activity performed by the Contractor (except for professional liability) by virtue of the provision of that Agreement between the City of Tukwila and k dated May 22, 1998 AA 4P •, •,:t- • 6 4.2 "The coverages provided by this policy to the City or any other named insured shall not be teimmated, reduced, or otherwise changed in any respect without providing at least thirty (30) days prior written notice to the City of Tukwila, Mayor, 6200 Southcenter Blvd., Tukwila, WA 98188 6 5 All policies of insurance required under this Agreement shall 6 5 1 be placed with such insurers and under such forms of policies as may be acceptable to City; 6 5.2 with the exception of workers, compensation, employer's liability and professional liability insurance, be endorsed to name the Additional Insureds as additional insureds, 6 5 3 with the exception of workers' compensation, employer's liability and professional liability insurance, apply severally and not collectively to each insured against whom any claim is made or suit is brought, except that the inclusion of more than one insured shall not operate to increase the insurance company's limits of liability as set forth in the insurance policy; and 6 5 4 provide that the policies shall not be canceled or their limits or coverage reduced or restricted without giving at least 30 days prior written notice to the appropriate contract services personnel of City 7 Labor and Wades. 7 1 If required by the specifications, prevailing wages shall be paid. Contractor specifically agrees to compl with RCW 39 12 and to file all required forms, certificates, and affidavits necessary to comply with Federal and State laws before final payment shall be made by the City The latest prevailing wage rate information may be obtained from the State of Washington, Department of Labor and Industries, Industrial Relations Division, General Administration Building, Olympia, WA 98501, ATTN Industrial Statistician, and shall be incorporated in and become a part of this Contract. 8 Termination. 8 1 City may, by written notice thereof to Contractor, terminate this Agreement as to all or any portion of the Services not then performed, whether or not Contractor is in breach or default Upon receipt of any such notice of termination, Contractor shall, except as otherwise directed by City, immediately stop performance of the Services to the extent specified in such notice 8.2 In the event of termination pursuant to paragraph 8 1, an equitable adjustment shall be made in the compensation payable to Contractor under this Agreement, provided that such compensation as so adjusted shall in no event exceed a percentage of the total compensation otherwise payable under this Agreement equal to the percentage of the Services satisfactorily completed at the time of termination Further, Contractor shall not be entitled to any reallocation of cost, profit or overhead. Contractor shall not in any event be entitled to anticipate profit on Services not performed on account of such termination. Contractor shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. 8 3 If City purports to terminate or cancel all or any parts of this Agreement for Consultant s breach or default when Contractor is not in breach or default which would permit such termination or cancellation, such termination or cancellation shall be deemed to have been a termination by City pursuant to paragraph 8 1 and the rights of the parties shall be deteinnned accordingly 9 Attorney's Fees. 9 1 The prevailing party in any action shall be entitled to reasonable attorney s fees and court costs IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Executed in triplicate ATTEST ( Jade Cantu, City Clerk APPROVED AS TO FO ae , City Attorney CITY OF TUKWILA BY iLk:i ;1.4, 1 John W Rants, Mayor CONTRACTOR BY ,1 = �).A i Authorized Representative KENNETH B POWELL CERTIFICATION OF NONSEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are mamtamed. The Bidder agrees that a breach of this certification will be violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin., because of habit, location custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed Subcontractors for specific time periods) he will obtain identical certifications from proposed Subcontractor prior to the award of Subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Note: The penalty for making false statements in offers is in 18 U.S.C.s 1001 DATED THIS 22 DAY OF May , 19 98 SKYWAY TOWTNG & RECOVERY, TNr (Finn Name of Bidder) /\;.. F (Signature of Bidder) (title) KENNETH B POWELL PRESIDENT li NOTE. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID. 4 ‘e"?? ire_ 7S ( NON -COLLUSION AFFIDAVIT STATE OF WASHINGTON) )ss. COUNTY OF KING) KENNETH B POWELL being first and duly sworn, on his oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named, and he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to HIM self an advantage over any other bidder or bidders. NAME OF FIRM SKYWAY TOWING & RECOVERY, INC • SIGNATURE OF BIDDER KENNETH B. WELL ITI LE PRESIDENT Subscribed and sworn to before me this 22 day of May 19 98 Notary Public in and for the State of Washington residing at; f %fid BID PROPOSAL FORM Having carefully examined the Invitation to Bid, the Instructions to Bidders, the General Terms and Conditions, the Special Provisions, and the Specifications, the undersigned proposes to perform all work in strict compliance with the above-named documents for the amount set forth below IN ORDER TO QUALIFY YOUR BID. THE FORM OF PROPOSAL MUST BE SIGNED. 1 TO PERFORM all Towing Contract work in accordance with the attached Contractor - Rates as submitted Washington State Sales Tax Total Bid including Sales Tax A B C $ 63 53 74 58 98 52 $ 5 47 6 42 8 48 $ 69 00 81 00 107 00 F O.B /. Delivery , u _! Tell is 't - (_ / ,/- FIRM NAME SKYWAY TOWING&RECOVERY,IN I)DRESS 1201 LIND AVE. S_W_ CITY/STATE/ZIP RENTON WA. 98055 TELEPHONE 425-226-8050 FAX 425-226-8853 SIGNED BY (SIGNATURE OF APPROVED -REPRESENTATIVE) PLEASE PRINT NAME KENNETH R _ POWF.T,T, I hereby acknowledge receipt of the following addenda BY CONTRACTOR RATES 1 Service Calls 2 Towing, includes 1Sr hour A Class A Truck B Class B Truck C Class C Truck 3 Stand -By Time (15 minute intervals after 1S` hour) Class A R B Truck Class C Truck 4 Winching (15 minute intervals) 5 Drive Line Removal 6 Dolly Rental included in tow fee 7 Mileage Fee (after 10 miles) 8 Vehicle release between 8 00 p.m. and 8 00 a.m. 9 Storage (1st 12 hours no charge) amount for each additional 24-hour period a. Inside b Outside $ 63.53 Bid Amount $ 63.53 Bid Amount s 74 58 Bid Amount $ 98 52 Bid Amount 1/4 of hourly rate, per 15 -minute intervals 1/4 of hourly rate, per 15 -minute intervals 1/4 of hourly rate, per 15 minute intervals $10 00 Included in tow fee $2.50 per rile $50 00 $20 00 $20 00 CHARGES SHALL BE AS STATED FOP ITEMS 3 THROUGH 9 CERTIFICATE AS TO CORPORATE PRINCIPAL I, KENNETH B POWELL certify that I am the PRESIDENT of the Corporation named as Bidder in the Proposal(s) attached hereto, that KENNETH B. POWFJ,T, who signed said Proposal(s) on behalf of the Bidder, was then PRESF I ENT of said Corporation, that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers By Al / /C /L KENNETH B POWELL Title PRESIDENT STATE OF WASHINGTON) (ss COUNTY OF KING) On this day personally appeared before me known to me to be the individual(s) who executed the within and foregoing instrument, and ackno\\ ledged that said instrument was signed as a free and voluntary act and deed, for the uses and purposes therein mentioned and further acknowledges that execution of said instrument was an authorized act. GIVEN UNDER MY HAND and official seal this o.1- day of 7i , 19 ,_-` 1 NOTARY PUBLIC in and for the,,--'- 1'-%- State of Washington, residing at EXCEPTIONS Any exceptions to the specifications as shown on previous pages must be shown below Failure to list any exceptions below will indicate bidder has no exceptions to specifications and will indicate that if awarded a contract, bidder could complete the contract at his bed price following all specifications with no exceptions. Skyway Towmg Inc. has several pieces of special equipment, mcludmg but not limited to its Landall Trailers and Tractors, not mentioned m the formal contract. We would like to reserve the right to use, with permission of the Tukwila Police Department, these special pieces of equipment for Jobs. These pieces of equipment may allow us to clear a road faster, to do less damage to public works or private property, or to insure a safer work area for our drivers, police, or the public at large. If the price for the piece of equipment is not included the formal contract at time of signing, price may be negotiated with TPD or the Registered Owner, before the work is started. Skyway Towmg would of course give final decision on such equipment usage to the Tukwila Police Department. Skyway Towing would further stipulate that all such equipment would be approved the Washington State Patrol, and the representative of the Mayor of The City of Tukwila. Skyway Towmg Inc. is worried that the area for Sheltered Space and Secure Storage as is outlined in the bid package may not be adequate for all the needs of this contract and The Tukwila Police Department. We would like to reserve the right to make other arrangements as may be necessary, as long as it is in agreement with The representative of the Mayor for the City of Tukwila. Skyway Towing Inc. reserves the right to change the training procedure and certifica- tions of drivers as new technology and safer practices becomes aware m the industry. Skyway Towing Inc. also politely asks, that if awarded this contract, the representative of the Mayor of the City of Tukwila and us can agree upon special circumstances that may affect our ability to service this contract such as snow, flooding, wind storms, or other natural events.