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20-188.00 Eller Corporation: On Call Road Graders for Snow Removal
Contract No. 20-188 AGREEMENT FOR SERVICES Eller Corporation On Call Road Graders for Snow Removal 2020-2021 Snow Season THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Eller Corporation, hereinafter "Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services,attached as Exhibit B. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in Eller Corporation Page 1 of 8 Contract No. 20-188 effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by April 30, 2021, unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of$50.000 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department 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 Scope of Services,City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: A i hours Name: Christine Bainbridge, City Clerk Name: Eller Corporation Phone:(509)720-5000 Phone: 509-226-0333 4'0 993 — 64389 Address: 10210 East Sprague Avenue Address: 8102 N. Starr Rd. Spokane Valley, WA 99206 Newman Lake, WA 99025 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. 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 of 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 statutes or commission of embezzlement, theft, forgery, bribery, falsification or Eller Corporation Page 2 of 8 Contract No. 20-188 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. 8. Relationship of the Parties. It is understood and agreed that Consultant 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 Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant 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. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.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 Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant 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 Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages described below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. Eller Corporation Page 3 of 8 Contract No. 20-188 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Consultant 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 $2,000,000 each occurrence,and$2,000,000 general aggregate. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. 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, Consultant shall furnish the City with original certificates and a copy of the amendatory Eller Corporation Page 4 of 8 Contract No. 20-188 endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant 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, 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 Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.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. A waiver in one instance shall not be held to be a 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. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that an arbitrator's decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. Eller Corporation Page 5 of 8 Contract No. 20-188 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or 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. 21.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,the Consultant,for itself, its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: The Consultant shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: The Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color, or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant shall so certify to the City or the WSDOT,as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: Eller Corporation Page 6 of 8 Contract No. 20-188 1. withholding payments to the Consultant under the Agreement until the Consultant complies; and/or 2. cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs one through six of this Exhibit in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives issued pursuant thereto. The Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,the Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended,(prohibits discrimination based on race,creed, color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- Eller Corporation Page 7 of 8 Contract No. 20-188 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.). 22. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 23. 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. 24.Exhibits. Exhibits attached and incorporated into this Agreement are: A.Equipment and Pricing B. Scope of Services C. Insurance Certificates II�_, The Parties have executed this Agreement this2 d yy of ►41-6 . ,202Q CITY OF SPOKANE VALLEY Consultant: Noft /l£.r doy iA D iio,J Mark Calhoun,City Manager By: � �� Its: Auth riz d Representative APPROVED AS TO FORM: P, Office f he City Eller Corporation Page 8 of 8 ATTACHMENT "A" EQUIPMENT AND PRICING 2020-2021 SNOW SEASON ON-CALL ROAD GRADERS FOR SNOW REMOVAL Name: VEX-CoroOrA ►O l•J Signature: Date: //, P O•e c) ROAD GRADER EQUIPMENT DESCRIPTION MODEL QUANTITY RATE PER HOUR (all equipment rates to include operator labor) YEAR AVAILABLE 77,24 TO Grr► c - o?O// 00 L. 76 1/01 o LoA o1.r� ao/7 / /65 0 L 90 Igo I(it) La ala-2L aol(a / /( 5 on .56,7 e b>J;H- rjoMr� and V / '7/0o ANY OTHER CHARGES (if not included in above rates, such as travel time) 110 A /0/I Cf_ c CAI �00 0 ci a.0 —\FYI • \ S�,�kane Community& Public Works Department Valley® 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000 ♦ Fax: (509)720-5075 ♦ www.spokanevalley.org Request for Proposals On-Call Road Graders for Snow Removal 2020-2021 Snow Season Due Date: October 2, 2020 10:00 AM Submit to: City of Spokane Valley 2020-2021 Snow Season Attn: Lorri Latiolais 10210 E. Sprague Ave. 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 4 3.5 Revisions to the RFP 4 3.6 Minority and Women-owned Business Participation 4 3.7 Acceptance Period 5 3.8 Responsiveness 5 3.9 Most Favorable Terms 5 3.10 Costs to Propose 5 3.11 No Obligation to Contract 5 3.12 Rejection of Proposals 5 3.13 Proposal Evaluation 5 4. Proposal Contents and Format 6 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 7 5. Contract Requirements 7 5.1 Compliance with Laws 7 5.2 Nondiscrimination 7 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 2020 — March 2021. 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 and be able to supply themselves tire chains and replacements. 2. The Contractor shall provide grader operators for 12 hour shifts. Generally, a full city residential plow takes 48 hours to complete. 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. 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 Street 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. 3 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 September 10, 2020 r Proposals due October 2, 2020 Evaluate Proposals October 6, 2020 Establish Short-List of Pre-qualified Contractors October 9, 2020 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" 2020-2021 SNOW SEASON DUE: OCTOBER 2, 2020 — 10:00 A.M. YOUR COMPANY NAME" B. SUBMISSION OF PROPOSALS Submit the original proposal to the following address: City of Spokane Valley Attn: Lorri Latiolais 10210 E. Sprague Avenue Spokane Valley, WA 99206 4 NOTE: Proposals will not be accepted by fax. 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 at City Hall. (10210 East Sprague Avenue) 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 RFP. 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). Proposers may contact OMWBE at 360/753-9693 to obtain information on certified firms. 5 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 30% 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. 6 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. 7 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. Consultant 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 Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant 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. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Consultant 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 for each occurrence,and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in 8 excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4.Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. 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, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant 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. Consultant 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 2020-2021 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) I0 ELLECOR-01 SSIMPSONI AlC/--OREYDATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/31/2019 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 have ADDITIONAL INSURED provisions or 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 NAMACT Stacie Simpson Hub International Northwest LLC 999 West Riverside Avenue,Suite 510 PHONE Eat):(509)319-2912 FAX No): Spokane,WA 99201 l o!`bs,Stacia.Simpson@hubintemationai.com INSURER(S)AFFORDING COVERAGE NAIC It INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B: Eller Corporation INSURER C: PO Box 117 INSURER D: Newman Lake,WA 99025 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYY1 (MMIDD/YYYY) LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EPP0563496 12/31/2019 12/31/2020 DAMAGE TO RENTED 300,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X Pea LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) X ANY AUTO X X EPP0563496 12/31/2019 12/31/2020 BODILY INJURY(Per person) _$ OWNED ONLY SCHEDULED SSWULNEDp BODILY INJURYp (Per accident) $ X AUTOS ONLY X AUTOS ONLY ((Perr acEciident)AMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESSUAB CLAIMS-MADE X x EPP0563496 12/31/2019 12/31/2020 AGGREGATE $ 2,000,000 DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N PER ERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ FFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CONTRACT#19-145: 2019-2020 SNOW SEASO ON-CALL ROAD GRADERS FOR SNOW REMOVAL PRIMARY/NONCONTRIBUTORY ADDITIONAL INSURED STATUS AND WAIVER OF SUBROGATION AS IT RELATES TO GENERAL LIABILITY IS GIVEN TO THE CITY OF SPOKANE VALLEY,ITS OFFICERS,AGENTS AND EMPLOYEES PER ENDORSEMENTS ATTACHED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SPOKANE VALLEY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E SPRAGUE AVENUE SPOKANE VALLEY,WA 99206 AUTHORIZED REPRESENTATIVE 6)411 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ELLER CORPORATION Page 1 of 2 RAM OfWASIOHGGON Department of Labor& Industries Certificate of Workers' Compensation Coverage November 23, 2020 WA UBI No. 600 184 764 L&I Account ID 642,062-00 Legal Business Name ELLER CORPORATION Doing Business As ELLER CORP Workers' Comp Premium Status: I L&I account representative for account status. Estimated Workers Reported to premium report received. (See Description Below) Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? Yes License No. ELLERC*242C3 _1C License Expiration 10/01/2022 ` `J` UUU s What does "Estimated Workers U cCOv Reported" mean? Estimated workers reported represents the 1;( number of full time position requiring at least `r 1/480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of https://secure.lni.wa.gov/verify/Details/liabilityCertificate.aspx?UBI=600184764&LIC=E... 11/23/2020 ELLER CORPORATION Page 2 of 2 subrogation (See RCW 51.12.050 and 51.16.190). https://secure.lni.wa.gov/verify/Details/liabilityCertificate.aspx?UB I=600184764&LIC=E... 11/23/2020