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15-135.00 WM Winkler Co.: Snow Removal CONSTRUCTION AGREEMENT W.M.Winkler Co. On-Call Road Graders for Snow Removal 2015-2016 Snow Season Contract# 15-135 THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and W.M.Winkler Co.,("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies and equipment and other items necessary for the construction and completion of the On-Call Road Graders for Snow Removal Project(the"Work")in accordance with documents described in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof(the "Contract Documents")), and shall perform any changes in the work in accordance with the Contract Documents.The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents to City's satisfaction,within the time limits prescribed in the Contract Documents. The City Manager,or designee,shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,State and federal standards,codes,ordinances,regulations and laws as now existing or as may be adopted or amended. 2.Term of Agreement. Shall be in full force and effect upon execution and shall remain in effect until April 30,2016. The City may terminate this Agreement by 10 days' written notice to the other party. In the event of such termination,the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3.Liquidated Damages. There are no Liquidated Damages for this Agreement. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents an amount not to exceed$40,000 for hours actually worked based on the Hourly Rate submitted by the contractor in Exhibit A. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department Construction Agreement Page 1 of 6 at the below stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards,City Code,and federal or state standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: W.M. Winkler Co Phone: (509)921-1000 Phone: 509-489-6100 Address: 11707 East Sprague Ave, Suite 106 Address: PO Box 430 Spokane Valley, WA 99206 Newman Lake, WA 99025 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state,and local laws,codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Prevailing wages are not required for this Agreement. 10.Relationship of the Parties. It is understood,agreed and declared that Contractor shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and Construction Agreement Page 2 of 6 actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall,within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed And Bonded. Contractor shall be duly licensed,registered and bonded by the State of Washington at all times this Agreement is in effect. 15.Performance and payment bonds. No performance or payment bonds will be required for this contract. 16. Insurance. Contractor shall procure and maintain for the duration of the Agreement, 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 Contractor, its agents,representatives,or employees. A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering 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 policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations,stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion,collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers'compensation coverage as required by the industrial insurance laws of the State Construction Agreement Page 3 of 6 of Washington. B.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. 17.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors,subconsultants and employees. Construction Agreement Page 4 of 6 Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 18.Waiver. No officer,employee,agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20.Confidentiality. Contractor may, from time to time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 22. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 23.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 24. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties. 25. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or Construction Agreement Page 5 of 6 action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor,service or other thing of value from any person with an interest in this Agreement. 26. Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business. 27.Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause orhrase of this Agreement. P �' 28. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Equipment and Pricing B. RFP On-Call Road Graders 2015-2016 Snow Season C. Insurance Endorsements The Parties have executed this Agreement this 24th day of November ,2q 5. CITY OF SPOKANE VALLEY: Contractor: '041 C- 91fl‘‘ Mike Jackso ,City Manager Own ATTES APPROVED AS 0 FORM: • Christine Bainbridge,City Clerk Office of le City r ey Construction Agreement Page 6 of 6 ATTACHMENT"A" EQUIPMENT AND PRICING 2015-2016 SNOW SEASON ON-CALL ROAD GRADERS FOR SNOW REMOVAL Name: Wm. Winkler Company / Brian J. Winkler Signature: 12041-`-" ? 11 -9-15 Date: ROAD GRADER EQUIPMENT DESCRIPTION MODEL QUANTITY RATE PER HOUR (all equipment rates to include operator labor) YEAR AVAILABLE Cat 16311 2006 1 $130.00 ANY OTHER CHARGES (if not included in above rates,such as travel time) .,\,... Spokane Valley® 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000♦ Fax: 509.921.1008 • cityhall@spokanevalley.org t Request for Proposals On-Call Road Graders for Snow Removal 2015-2016 Snow Season Due Date: October 30, 2015 10:00 AM Submit to: City of Spokane Valley 2015-2016 Snow Season Attn: Deven Nickerson 11707 E. Sprague Ste 106 Spokane Valley, WA 99206 TABLE OF CONTENTS 1. General Information 1 1.1 Background and Purpose 1 1.2 Definitions 1 1.3 Period of Performance 1 2. Scope of Services 1 2.1 Scope of Services 1 2.2 Description of Work Required 1 2.3 Response Time Expectations 2 3. General Information 2 3.1 RFQ Coordinator 2 3.2 Estimated Schedule of Procurement Activities 2 3.3 Submission of Proposals 2 3.4 Proprietary rieta Information/Public Disclosure 3 3.5 Revisions to the RFP 4 3.6 Minority and Women-owned Business Participation 4 3.7 Acceptance Period 4 3.8 Responsiveness 4 3.9 Most Favorable Terms 4 3.10 Costs to Propose 4 3.11 No Obligation to Contract 5 3.12 Rejection of Proposals 5 3.13 Proposal Evaluation 5 4. Proposal Contents and Format 5 Part 1 Description of Firm(s)/Subcontracted Firm(s) 6 Part 2 Qualifications of Key Personnel 6 Part 3 References/Experience 6 Part 4 Equipment Available and Response Commitment 6 Part 5 Proof of Insurance 6 Part 6 Pricing 6 5. Contract Requirements 6 5.1 Compliance with Laws 6 5.2 Nondiscrimination 6 5.3 Insurance 7 5.4 City of Spokane Valley Business License 8 6. RFP Attachment A 9 1. INTRODUCTION 1.1 BACKGROUND AND PURPOSE The City of Spokane Valley is developing a list of pre-qualified Contractors who may be called, on short notice, to perform various emergency snow plowing. The pre-qualified list may or may not result in a contract with the City. 1.2 DEFINITIONS City— The City is the City of Spokane Valley, a Washington State municipal corporation, which is issuing this RFP. Contractor—Individual or company whose response has been accepted by the City. Request for Qualifications and Proposals — Formal procurement document in which a service or need is identified. The purpose of a Request for Qualifications and Proposals is to solicit responses in order to create a list of qualified Contractors. 1.3 PERIOD OF PERFORMANCE It is the intention of the City of Spokane Valley to refer to this list from November 2015—April 2016. 2. SCOPE OF SERVICES 2.1 SCOPE OF SERVICES The scope of Services will include, but is not limited to, the following: 1. The Contractor shall have a motor road grader 140G or equivalent with no larger than a 14' moldboard, tire size 1400-24, and be able to supply themselves tire chains and replacements. 2. The Contractor shall provide grader operators for two 12 hour shifts. 3. Road Graders must be able to work on city streets with lights and a flashing hazard (work light). Road Graders shall be able to work continuously until the snow emergency event ends and released by the City. Qualified selected Contractors will be required to meet with the City of Spokane Valley Public Works Department. 2.2 DESCRIPTION OF WORK REQUIRED Work required includes activities described in the Scope of Services and may include, but not be limited to, the following description list: 1. The Contractor/Operator will be working under the direct supervision of City of Spokane Valley Maintenance Superintendent. 2. The Contractor shall perform work in compliance with requirements of all applicable codes and standards of governing authorities having jurisdiction, including provision for adequate protection to persons and property by means of insurance, bonding, traffic, etc. 2.3 RESPONSE TIME EXPECTATIONS 1. The Contractor shall provide a 24 hour a day contact number, name, and be able to report with 12 hour advance notice. 2. Contractor shall call back within thirty (30) minutes after initial call is made from the City requesting their services. After thirty (30) minutes, the next Contractor on the list will be contacted. 3. The Contractor shall have grader fully fueled and ready to work. 3. GENERAL INFORMATION 3.1 RFP COORDINATOR The RFP Coordinator is the sole point of contact in the City for this procurement. All communication between the Contractor and the City upon receipt of this RFP shall be with the RFP Coordinator, as follows: Name Shane Arlt Location City of Spokane Valley Public Works Phone Number 509-720-5002 E-Mail Address sarlt@spokanevalley.org Any other communication will be considered unofficial and non-binding on the City. Contractors are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Contractor. 3.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES Issue Request for Proposal October 16, 2015 Proposals due October 30, 2015 Evaluate Proposals November 3, 2015 Establish Short-List of Pre-qualified Contractors November 3, 2015 The City reserves the right to revise the above schedule. 3.3 SUBMISSION OF PROPOSALS A. PREPARATION OF ENVELOPES Place and seal the proposal in an envelope with the following information on it: "ON-CALL ROAD GRADERS FOR SNOW REMOVAL 2015-2016 SNOW SEASON DUE: OCTOBER 30, 2015— 10:00 A.M. YOUR COMPANY NAME" B. SUBMISSION OF PROPOSALS Submit the original proposal to the following address: City of Spokane Valley Attn: Deven Nickerson 11707 E. Sprague Ste. 106 Spokane Valley, WA 99206 NOTE: Proposals will not be accepted by fax or email C. DUE DATE It is the responsibility of the Proposer to be sure the Proposals are sent sufficiently ahead of time to be received no later than 10:00 AM local time on the due date. Proposers mailing Proposals should allow normal mail delivery time to ensure timely receipt of their Proposals. The City reserves the right to not consider Proposals received late. If hand delivering the Proposals, please deliver to Public Works Department located in Suite 304 of City Hall. (11707 E. Sprague) Proposals will not be publicly opened; proposal results will be announced on the City of Spokane Valley web site within 5 business days. 3.4 PROPRIETARY INFORMATION/ PUBLIC DISCLOSURE Materials submitted in response to this competitive procurement shall become the property of the City. All received Proposals shall remain confidential until the award of contract recommendation has been filed with the City Clerk for City Council action. Thereafter, the Proposals shall be deemed public records as defined in RCW 42.56, "Public Records." Any information in the Proposal that the Contractor desires to claim as proprietary and exempt from disclosure under the provisions of state law shall be clearly designated. Each page claimed to be exempt from disclosure must be clearly identified by the word "Confidential" printed on it. Marking the entire Proposal exempt from disclosure will not be honored. The City will consider a Proposer's request for exemption from disclosure; however, the City will make a decision predicated upon state law and regulations. If any information is marked as proprietary in the Proposal, it will not be made available until the affected Proposer has been given an opportunity to seek a court injunction against the requested disclosure. All requests for information should be directed to the RFP Coordinator. 3.5 REVISIONS TO THE RFP In the event it becomes necessary to revise any part of this RFP, addenda will be provided to all who receive the RFQP. The City also reserves the right to cancel or to reissue the RFP in whole or in part, prior to final award of a contract. 3.6 MINORITY&WOMEN-OWNED BUSINESS PARTICIPATION The Cityencourages participation in all of its contracts byfirms certified bythe 9 p p Washington State Office of Minority and Women's Business Enterprises (OMWBE). Proposers may contact OMWBE at 360/753-9693 to obtain information on certified firms. 3.7 ACCEPTANCE PERIOD Proposals must provide sixty (60) days for acceptance by the City from the due date for receipt of Proposals. 3.8 RESPONSIVENESS The Proposer is specifically notified that failure to comply with any part of the RFP may result in rejection of the Proposal as non-responsive. The City also reserves the right, however, at its sole discretion to waive minor administrative irregularities. 3.9 MOST FAVORABLE TERMS The City reserves the right to make an award without further discussion of the Proposal submitted. Therefore, the Proposal should be submitted initially on the most favorable terms which the Contractor can propose. There will be no best and final offer procedure. The City reserves the right to contact a Proposer for clarification of its Proposal. The Proposer should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all or the Proposal. 3.10 COSTS TO PROPOSE The City will not be liable for any costs incurred by the Proposer in preparation of a Proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP. 3.11 NO OBLIGATION TO CONTRACT This RFP does not obligate the City to contract for services specified herein. A contract with the City may or may not result from the establishment of the pre-qualified list. 3.12 REJECTION OF PROPOSALS The City reserves the right at its sole discretion to reject any and all Proposals received without penalty and to not issue a contract as a result of this RFP. 3.13 PROPOSAL EVALUATION The City does not intend to award a contract solely on the basis of price. Evaluation criteria will include but not be limited to: a. Qualifications of key personnel 20% b. Equipment availability and commitment to respond 20% c. References, past performance, and ability to work with the City of Spokane Valley 10% d. Pricing for personnel and equipment 50% 100% The City of Spokane Valley reserves the right to create and use the short list of pre- qualified Contractors in any manner most advantageous for the City at its sole and exclusive discretion. Multiple contracts may be awarded. Award of contract, when made, will be to the Pre-qualified Contractor most favorable to the City, taking into consideration RFP evaluation factors. The City reserves the right to contact a Proposer for clarification of its Proposal. Unsuccessful Proposers will not automatically be notified of Proposal results. 4. PROPOSAL CONTENT AND FORMAT Proposals shall be in the following standardized format to facilitate evaluation of their comparative merits. Proposals shall include the sections indicated below. Proposals shall be typed and shall be limited to five (5) pages, excluding project lists and resumes. Part 1 Description of Firm(s)/Subcontracted Firm(s) Part 2 Qualifications of Key Personnel Part 3 References/Experience Part 4 Equipment Available and Response Commitment Part 5 Proof of Insurance Certificate Part 6 Pricing PART 1 DESCRIPTION OF FIRM(S)/SUBCONTRACTED FIRM(S) This part should contain a brief history of the Firm, the Firm's organization, number and type of personnel, contact information, and location of office. Include a brief history for each proposed subcontracted Firm, the subcontracted Firm's organization, number and type of personnel, and location of office. PART 2 QUALIFICATIONS OF KEY PERSONNEL List number of employees and describe qualifications of key personnel who would respond to snow emergency event. Include safety qualifications and/or certifications that apply to all activities described in the Scope of Services. Any resumes should be limited to two (2) pages per person. PART 3 REFERENCES/EXPERIENCE This part should contain a brief summary of other similar projects performed by the Firm and Subcontractors. List three recent snow removal projects including: project description; location of project; client with contact name, address, phone number, and email address. Particular emphasis should be placed on current and past projects of a similar nature. The City reserves the right to contact any additional individuals or Firms to obtain information about the Firm. PART 4 EQUIPMENT AVAILABLE AND RESPONSE COMMITMENT List all equipment and accessories, by type and quantity that will be available for emergency snow removal. The City is requesting pricing for Road Graders and Road Graders with wings. Include equipment scheduled or in process to be purchased. See Attachment "A" titled "Equipment and Pricing", to be completed with this information. Include a response commitment statement. PART 5 PROOF OF INSURANCE Provide a current Proof in Insurance Certificate with Proposal. PART 6 PRICING Provide current listing of per hour rates for personnel and equipment. See Attachment"A" titled "Equipment and Pricing", to be completed with this information. 5. CONTRACT REQUIREMENTS. 5.1 COMPLIANCE WITH LAWS Each party shall comply with all applicable federal, state, and local laws and regulations, which are incorporated herein by reference. 5.2 NONDISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. 5.3 INSURANCE Insurance. Contractor shall procure and maintain for the duration of the Agreement, 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 Contractor, its agents,representatives,or employees. A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering 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 policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liabilityassumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. 5.4 CITY OF SPOKANE VALLEY BUSINESS LICENSE Persons / Firms doing business with the City must have a valid City of Spokane Valley business license if they maintain a permanent location within the City; or maintain a permanent location outside the City having an employee who solicits business from the City. ATTACHMENT "A" EQUIPMENT AND PRICING 2015-2016 SNOW SEASON ON-CALL ROAD GRADERS FOR SNOW REMOVAL Name: Signature: Date: ROAD GRADER EQUIPMENT DESCRIPTION MODEL QUANTITY RATE PER HOUR (all equipment rates to include operator labor) YEAR AVAILABLE ANY OTHER CHARGES (if not included in above rates,such as travel time) ® DATE(MM/DD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 11/09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker,Smith&Feek,Inc. PHONE Ext): FAX No);425-709-7460 2233 112th Avenue NE E-MAIL Bellevue,WA 98004 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Charter Oak Fire Insurance Co. INSURED INSURER B: Travelers Indemnity Co. Wm Winkler Company PO Box 430 INSURER C: Newman Lake,WA 99025 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) A GENERAL LIABILITY DTCO6F734249C0F15 4/1/2015 4/1/2016 EACH OCCURRENCE S 1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY X PREMISES(EaENTED occurrence) $ 500.000 CLAIMS-MADE X OCCUR ` MED EXP(Any one person) S 10,000 X Ded:$1,000 PERSONAL&ADV INJURY 5 1,000,000 GENERAL AGGREGATE S 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICY I X I IMF LOC S B AUTOMOBILE UABIUTY DT8106F734249IND154/1/2015 4/1/2016 (Ee accIideOISINGLE LIMIT S 1,000,000 X ANY AUTO X BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per acddent) S UMBRELLA UAB OCCUR EACH OCCURRENCE 5 EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I RETENTION S S WORKERS COMPENSATION DTCO6F734249COF15 WC STATU- X 0TH- • A AND EMPLOYERS'UABIUTY YIN 4/1/2015 4/1/2016 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A *�WA Stop Gap/Employers E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? Liability (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT S 1.000.000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) On-Call Road Graders for Snow Removal 2015-2016. City of Spokane Valley is included as Additional Insured and coverage is Primary Non-Contributory on the Automobile and General Liability per attached Endorsements. Per Project Aggregate applies on the General Liability per attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE i THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 11707 E Sprague Ave,Suite 106 AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 n ,A' r I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 of 6 WMWINKLE(PRWOO)