15-137.00 MJM Grand: Snow Removal CONSTRUCTION AGREEMENT
MJM Grand,Inc.
On-Call Road Graders for Snow Removal
2015-2016 Snow Season
Contract# 15-137
THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of
Spokane Valley,a code City of the State of Washington("City")and MJM Grand,Inc.,("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:MJM Grand Inc.
Phone:(509)921-1000 Phone: 509-244-4733
Address: 11707 East Sprague Ave, Suite 106 Address: 12217 W 21st Ave
Spokane Valley, WA 99206 Airway heights, WA 99001
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
g
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.
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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 or phrase of this Agreement.
28.Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Equipment and Pricing
13. RFP On-Call Road Graders 2015-2016 Snow Season
C. Insurance Endorsements l � a
The Parties have executed this Agreement this 1 1 day of ,,�Il. ,2015
CITY OF SPOKANE VALLEY: Contractor:
.0z4
Mike T son,City Manager Ownc�
ATTEST, APPROVE AS TO FORM:
•--I /ALL
Chri t'e:ainbridge,City Clerk flee the City •
Construction Agreement Page 6 of 6
ATTACHMENT"A"
EQUIPMENT AND PRICING
2015-2016 SNOW SEASON
ON-CALL ROAD GRADERS FOR SNOW REMOVAL
Name: MJM Grand,Inc;Mike Evenoff
Signature:
Date: 11/9/2015
ROAD GRADER EQUIPMENT DESCRIPTION MODEL QUANTITY RATE PER HOUR
(all equipment rates to Include operator labor) YEAR AVAILABLE
KOMATSU 2005 1 $130.00
CHAMPION 730A 1997 1 $130.00
CHAMPION 740A 1989 1 $130.00
ANY OTHER CHARGES
(if not Included In above rates,such as travel
time)
TRAVEL TIME $125.00
Sc'T'okane
p
.00Valley.
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
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 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 City encourages participation in all of its contracts by firms certified by the
Washington State Office of Minority and Women's Business Enterprises (OMWBE).
information on certified firms.
Proposers maycontact OMWBE at 360/753-9693 toobtain
p
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.
li 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 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 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)
...---".4 OP ID:CS
,a►`oRv. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)
04/2212015
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 POUCIES
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).
zr
PRODUCER NAME": Cathy Sue Smith
Inland Insurance Inc.
9016 E Indiana Ave.,Suite A ( No. EMI:509.252-5288 cm,Nob 509.4564432
Spokane Valley,WA 99212 EDM1ESS:cathysue.smith@inlandins.com
James P Dinneen CCUSTOMERER IDs:MJMGR-1
INSURER(S)AFFORDING COVERAGE NAIC I -
INSURED MJM Grand,Inc. INSURER A:Alaska National Ins Co 38733
PO Box 2087 INSURER B:Allianz
Airway Heights,WA 99001-2087
INSURER C:
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 SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR IWD POLICY NUMBER IIIMIDDIYYYYI ( JDDlYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COOMAERCIAL GENERAL LIABILITY ' X X 15DPS08389 04/30/2015 04/30/2016 PREMISESENTED ) $ 250,000
CLAIMS-MADE X OCCUR MED EXP(My one person) $ 5,000
$5,000 PD Dad PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
7 POLICY N A I sAk- fl LOC $
AUTOMOBILE LIABILITY COMB SINGLE
_ X X COMBINED LIMIT
(Ea accident) s 1,000,000
A X ANY AUTO 15DAS08389 04/30/2015 04/30/2016 BODILY INJURY(Per person) S
ALL OWNED AUTOS
BODILY INJURY(Per accident) $
SCHEDULED AUTOS
PROPERTY DAMAGE GE s
X_ HIRED AUTOS (PER ACCIDENT)
X NON-OWNED AUTOS $
$ -
X UMBRELLA LIAR X OCCUR EACH OCCURRENCE _ i 2,000,000
A — EXCESS IAB CLAIMS-MADE X X 15DLU08389 04/30/2015 04130@016 AGGREGATE s 2,000,000
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LJAMUTY Y!N TORY LIMITS ER
A ANY PROPRIETORlPARTNERIFJECLMVE 0 X 15DPS08389 04/30/2015 04/30/2016 E.L EACH ACCIDENT S 1,000,000
OFFICER/MEMBER EXCLUDED? N I A
yyeeae In NH) WASHINGTON STOP GAP E.L DISEASE-EA EMPLOYEE $ 1,000,000
DEStjRWTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000
B LEASED EQUIPMENT MXI9304656304/30/2015 04/30/2016 LIMIT 250,000
DED 1,000
DESCRIPTION OF OPERATIIONNSS!LOCATIONS!V@IICLES(Attach ACORD 101,Additional Remarks Schedule,[(more space Is required)
RITY MOppW E V(�AgqVAL O�P� E G�p INSURED R IMBED gg gg
60 RE
N C E F CAN EL APPLIES IADDITIONAL
R D AS SQUIRED B CONTRACT
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
CITY OF SPOKANE VALLEY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
PUBLIC WORKS
11707 E.SPRAGUE,#106
SPOKANE VALLEY,WA 99206 wuTHORIIeD REPRESENTATIVE
. �Jm ts.,.eYNw.warm
+— /
C)1988-2009 ACORD CORPORATION. All rights reserved. '
ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD
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