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HomeMy WebLinkAboutR-2025-111 Resolution authorizing multiple awards and agreements for Quote 22533 Tree Trimming and Removal Services for City Parks and Streets Divisions (General Fund/REET Fund)A RESOLUTION RESOLUTION NO. R-2025-111 authorizing multiple awards and agreements for Quote 22533 Tree Trimming/Pruning and Removal Services for city Parks and Streets Divisions. WHEREAS, the City Purchasing Division published notice on June 5, 2025, on the city's webpage through PublicPurchase.com that Quote No. 22533 was open to receive competitive quote submittals; and WHEREAS, quotes were due by June 20, 2025, 2:00:OOPM PDT and were electronically submitted through Public Purchase. Quotes received through Public Purchase were opened in the City Purchasing Division; and WHEREAS, quotes that were received and deemed to be responsive are included on the attached quote tabulation; and WHEREAS, recommendation of award was made to multiple contractors, by schedule. After reviewing the approved recommendation of award and quote submittals, the Purchasing Manager signed his signature of approval on the attached quote tabulation, dated July 1, 2025; and WHEREAS, multiple awards are recommended to ensure that the city receives the lowest overall pricing per schedule. Quote submittals received from Senske Services and Uribe's Landscaping meet the needs, requirements and available budget of the City of Yakima Parks and Streets divisions for this solicitation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Agreements with Senske Services and Uribe's Landscaping. This is a potential five-year award, with an approximate annual award amount of $100,000. ADOPTED BY THE CITY COUNCIL on this 4th day of August 2025. Patricia Byers, mayor AIIEST: Rosalinda barra, City Clerk AGREEMENT CITY OF YAKIMA QUOTE 22533 TREE TRIMMING AND REMOVAL THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Uribe's Tree Service LLC, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1, Scope of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in Quote Tree Trimming and Removal, Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIAIEIA and NEC Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract on a year-to-year basis for up to four (4) additional years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and As a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand, All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 6. Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- 22533 Agreement Page 1 of 8 complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim, or audit is started before the expiration of the six -year period, or for the required perioud outlined by the Washington Secretary of State's record retention period if longer, the records shall be retained unitl all litigation, claims or audit findings involving the reocrds have been resolved. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d, The terms of this section shall survive any expiration or termination of this Contract, 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract, On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise, Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work, a. Procurement of a City Business License, Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. b, Contractor must provide proof of a valid Washington State Contractor Registration number. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 82 RCW. d, Contractor must provide proof of a valid Washington Unified Business ldentification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under ROW 39,06.010 or 39.12.065(3), e, Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense. without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 22533 .Agreement Page 2 of 8 9. Prevailing Wages The Contractor will comply with all provisions of Chapter 39,12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 - the Prevailing Rate of Wage, It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries, RCW 39.12,070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in 'Yakima County, may be found at the following website address of the Department of Labor and Industries: ht'tps;t/lnioyw+ao ,„vth applicable effe itsfpublic-works-proieckstprevaiiing-wacie-rates, Based on the quote submittal for this project, the date of this project for the purpose of determining prevailing wages is the quote date, June 5, 2025. 10. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations„ or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. No provision of this Contract shall require or prohibit action or inaction by either party, or the agent(s) or subcontractor(s) of either party, that would violate Federal, State, or local law or that would affect the City's eligibility for any federal program or receipt of federal funds. The following provisions are included as required by Washington State law: RCW 35.22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall actively solicit quotes for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses, The Contractor shall be required to submit evidence of compliance with this section as part of the quote. Nothing in this Agreement shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60,400. Pursuant to RCW 49.69.409(6), this Section does not prohibit action that must be taken to establish or maintain the City's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City. 22533 Agreement Page 3 of 8 11, Pay Transparency Nondiscrimination Prowision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is {a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 12. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages; and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement. b, Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section. or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract, 13. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract, If Contractor carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements, and the City shall be named as an additional insured for such higher limits. Contractor shall provide and maintain in force insurance at limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City. prior to commencement of work, Failure to provide the City with proof of insurance and/or to maintain such insurance outlined herein shall be a material breach of this agreement and a basis for termination,. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. 22533 Agreement Page 4 of 8 Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation, The following insurance is required: a, Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Four Million Dollars ($4,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract, The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000,00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits, The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect, Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington, The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000,00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract, Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause 22533 Agreement Page 5 of 8 for the City to terminate the Contract, All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 14, Severability If any term or condition of this Contract or the application thereof to any persons) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 15, Contract Documents This Contract, the Invitation to Quote 22533 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No, 2n,.1 St., Yakima, WA, 98901 and are hereby incorporated by reference into this Contract. 16, Termination Termination for Cau In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice, In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f, Fails to follow the sales and use tax certification requirements of the State of Washington: g. Incurs a delinquent Washington tax liability„. h. Becomes a State or Federally debarred Contractor: Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; 1. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination, In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services, In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. 22533 Agreement Page 6 of 8 Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination, 17. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 18. Re -Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re -award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible Proposer within 120 days from original award, 19. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay, Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 20. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington, 22. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 23. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing, Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 24. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract, 22533 Agreement Page 7 of 8 The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: Christina Payer, CPPB Buyer It City of Yakima Purchasing 129 North 2" Street Yakima WA, 98901 TO CONTRACTOR: Uribe"s Tree Service LLC Frank Uribe, Owner 3907 Main Street Yakima, WA 98903 25. Survival The foregoing sections of this Contract, 1-24 inc terms, sive, shall survive the expiration or termination of this Contract in accordance with IN WITNESS WHEREOF, the parties hereto execute th CITY OF YAKIMA /7 City Date: nager List of Exhibits attached to this contract Exhibit A - Specifications Exhibit B - Contractor's Quote Form 22533 Agreement Contract as of the day and year first above written, URIBE'S TREE S i ©ate. CI I V CONTRACT NO: RUSOLUTION NO: a RVICE LLC Page 8 of 8 heir City of Yakima NOTICE TO BIDDERS QUOTE 22533 Notice is hereby given by the undersigned that electronic sealed Quotes will be accepted via PublicPurchase.com, until the hour of 2:00:00 PM PDT on June 20, 2025. At such time, quotes received through Public Purchase will be opened by the Procurement Manager or their designee and witnessed by another staff member in Yakima City Hall, 129 N 2nd Street, Yakima WA 98901 for: Tree Trimming/Pruning and Removal Services for the City of Yakima Parks and Streets. Divisions. Instructions to register with PublicPurchase,com are available at www,yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any & all Quotes. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49,60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated June 5, 2025 Christina Payer, CPPB Buyer II 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 1 of 27 EXHIBIT- SPECIFICATIONS (EXCLUDING ATTACHMENT E AGREE T CITY OF YAKIMA INVITATION TO QUOTE 22533 COVER SHEET THIS IS NOT AN ORDER QUOTE Release Date June 5, 2025 Quote Receipt: Bidders must first register with PublicPurchase,com, Quote submittal shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time Late Quotes will not be accepted or evaluated. If you try to submit a Quote late, the electronic system will not receive it. Quotes shall be firm for acceptance for ninety (90) days from the date of Quote opening, unless otherwise noted. Quote openings are not public. Purchasing For: City of Yakima Parks and Streets Divisions 2301 Fruitvale Blvd. Yakima, WA 98902 Quotes Must be received by: June 20, 2025 - 2:00:00 PM PDT Buyer in charge of this procurement (Contact for further information): Christina Payer, CPPB Buyer II Phone E-Mail Address (509) 576-6696 Christina. a akifn�vt.v PROJECT DESCRIPTION SUMMARY Tree Trimming/Pruning and Removal Services (as needed) Enter Prompt Payment Discount: °%o net days Q I hereby acknowledge receiving addendum(a) e11 will begin work within days after receipt of order, , (use as many spaces as addenda received) In signing this Quote we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor} that this Quote has not been knowingly disclosed prior to the opening of Quotes to any other Bidder or competitor; that the above statement is accurate under penalty of perjury, We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name pany Address Name of Authorized Company Representative (Type or Print) Title hone ( Fax Signature of Above Date Email Address 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 2 of 27 L CONTENTS iCONTENTS_ ...... --.—...... --_------.... ---........ ...... —............ —............ ----------.--'3 it, GENERAL INRJRMAT/QN—.... --------------_----------------------------.� 1, Purpxosa--____ .... ......... -----_........ -----............... ................ ~—....--......... —'5 2, CnntraodngAgencyondPortofConkac—-----------------------------5 3. Best Modern Practices .... -------------....... —'-------......... ...... --............. —.S 4. Exceptions ----_--------...... ...... ------------~------------.......... 5 5 More orLess_ ---~....... ..—........ ........ ----....... _................. —................. ...... .... --'5 6, Contract Tenm--.... ---------------....... —... ---.................. ---_----......... S 7. Pricing and Discount, ----------...................................... .......... .......... ------.......... �5 8, Price Clarifications ..—.----...... ... ____ ...... —...... ............ ........ ----......... ----.... —8 9, Price |moreaues—... ------...... ----------........ ---.--.--.—.............. .—....... _6 10 Expansion Clause ...... ........ .......... ...... ---------........ —....... —......... ----............... O 11, Permbo--... --..~—..-----....... —_—........... ------__------...... --............... 7 12 Regulations and Codes .... -----------------------........ .......................... —..... 7 11 Prompt Paymen1--..... —.... --........... .... -------------------............... --........ 7 14, Payments ..... ............. ------............... —.............. _---------.--........... ............... 7 15, Payment Method — Credit Card Acceptance ...... ........ ......... --------_---....... ....... ---7 16� Acceptance ofTernm....... --.... —......... —.......... ................. ....... ---....................... .......... ---7 17. Sales Tax ... ____ ... ....... _........... ...... ___ ...... ......... —....... ...... ---------..—.---'7 1& Tax Revenues. --..... —..... ...... ---------..... .... ...... ........... —........ --------'7 18, Clarifications and/or Revisions \oSpecification and ......... 20. Incurring Costs, 21� NoObligation toContract -------------..... .... --.......... --.................. --........... --'@ 22, Retention ofRights ........ _-----------....... ---------.................... --------8 21 Points Not Addressed ...... --------------_-----...... —........ ------------'8 24. Other City Departments/Like |UamoAdded, ----------...... —...... ----............. -----O 25 Services Bought from Different Supplier_ ................. ----................. ---------....... --8 2& Re -Award ... —..... ___ ...... .............. .--...... ......... --.......... ...... .............. ..----------.0 27. Errors and Omissions ............ ----------................. ---......... —........ -----_----'g 2& Changes ..—....... ....... --....... -------....... --------------------............. —'0 U[ QUOTE PREPARATION AND SUBMISSION_ ----_—................. ----............... ........ -----------'y 1 General Instructions -----------........ --... .............. ...... ---------------.9 2� Submitting ...... ___ .... ....... .......... ____ .... ........... —_------...... —.—.---'g 3, Prohibition of Bidder Terms & Conditions ----....... --..... ..... ....... -------------.g 4� Multiple Ouotea----------...... ----........ ---.... ... ---...... --......... ----_--1D 5� Withdrawal ofQuotes —........ ---------......... -------------------_---10 |V. BIDDERS CHECKLIST ... .... ........... ...... --------......... ........ ....... ........ ....... ............ --------....... 10 V, EVALUATION AND CONTRACT AWARD ... ...... ......... --................ —............. ____ ..... —............. ----'1O 1 Quote Evaluation —^--........ ---------.----........... —_-----............. --^-1O 2. Offer in Effect for Ninety (00)Dayu-... -------_-'--------........ -----_---.1O 3, Protest Procedure .......... -----............ --------------------------...... -1O 4� SampleControoandTermamndCnndNons --..--------11 VI, SCOPE OFWORK AND REQU|REMENTS--..... --------...... .......... --------...... ................ 11 1� Scope ofVVor----... -...... -------------------........ -.... .... -..... ..... ---- 11 2. Technical 8peoificahqno---..... ---- ........ ....... --....... ........... .... ---- ......... ....... ---..13 3. Equipment SpooNoabono/Requiromonts--~-......... -~-----........... -~~---------_'14 4, SufeW-..... -----------....... ....... 14 S� Dust/Debris Contro--..... '-------....... -............. -------...... ---------... 15 & Contractor's Use ofthe Pnemixea-------- ...... -........ --.----...... -----------15 T, Traffic Control ......... ........ ...... ---- ........... --------....... --_-_-_----------..... 10 8. Mobilization and Demobilization ... -----------------........ -----_-.-----_18 V|L QUOTE FORK8-... --------------.----_------------------_----------'17 VUi BIDDER RESPONSIBILITY CRITERIA FORk8-...... --...... -........ -------...... -........ --------... 1A X CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES ... ~------_----------21 X. CONTRACTOR REFERENCES ..... _------....... ----------....... -........ -........... --....... ''22 ATTACHMENT A - DEBARMENT AND SUSPENSION ATTESTATION FORM ..... ---.-..-------------.23 ATTACHMENT B'SAMPLE CONTRACT .... ..... -.... ...... -....... --------................ ----------....... --24 22533Tree Trim min8/prunio0&Removal -Parks/Streets Page 4of27 GENERAL INFORMATION Purpose It is the intent and purpose of these specifications to describe Tree Trimming/Pruning & Removal Services — As Needed in sufficient detail to secure quotes on comparable units, equipment parts and material. All parts which are necessary to provide a complete unit, ready for operation, shall be included in the quote and shall conform in strength, quality of workmanship and material to that which is usually provided by trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This Quote is issued by the City of Yakima Purchasing Division, The person responsible for managing this Quote process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this Quote until a Contract is issued, all contracts (pertaining to this solicitation) with City's employees, and other personnel performing official business for the City regarding this Quote shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this Quote is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Quote and disqualification of the Bidder. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications, 4. Exceptions Specifications of the equipment quote shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS", Any Quote submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements, Where "NO EXCEPTIONS" are shown, none will be allowed. No exception will be considered that it may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. More or Less Quantities are estimated only and shall be quoted on a MORE OR LESS basis. For the purpose of comparison, quotes shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed, Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts, 6, Contract Term See section 3 of contract. 7e Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/products and completing the work provided for in this Quote and every part thereof, except what are mentioned in the specifications to be furnished by the City of Yakima, Surcharges for fuel, delivery/hauling, hazardous material disposal, environmental fees or similar will not be allowed. Relevant charges for these items shall be included in the base quote price. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 5 of 27 All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDERS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE QUOTE PRICE. Requests for lower insurance limits will be denied. Prices established in continuing agreements and term agreements may be lowered due to general market conditions, but prices shall not be subject to increase for twelve (12) months from the date of the award. Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 8. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Quote or contract shall be the price per unit of sale (e,g., gal., cs., doz., ea.) as stated on the quote form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Quote evaluation and contract administration. 9. Price Increases Any proposed increase shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry wide. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of quote or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager, No other employee may accept a rate increase request on behalf of the City, Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. Price requests are at the discretion of the Purchasing Manager, and in accordance with the rules below: a. Incurred after contract commencement date. b. Not producing a higher profit margin than that on the original contract. c. Clearly identify the items impacted by the increase. d. Be filed with the Buyer listed on page 2, a minimum of thirty (30) calendar days before the effective date of proposed increase. e. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. f. Should not deviate from the original contract pricing scheme/methodology. The increase, if approved, shall remain firm and fixed for 365 days after the effective date. If no increase is mutually agreed upon, the contractor may provide a notice to cancel as outlined in the contract under Section 17, Termination for Convenience. Surcharges for fuel, hazardous material disposal, or similar will not be allowed. 10. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 6 of 27 11. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 12. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, including EPA standards and City safety codes. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoices. Please indicate your discount proposal on page 2 of this document. If awarded by the City, the period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 14, Payments The contractor shall submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To ensure prompt payment, each invoice should cite the purchase order number, quote number, description of item purchased, unit and total price, discount terms and including the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of: • Receipt and acceptance of the equipment, • Properly completed invoice, • All papers required to be delivered with equipment. 15. Payment Method — Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 16. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 17. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax considered in determining which quote is the lowest and best quote, not be 18. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, 'including those from a local sales tax or from a gross receipts business and occupation tax, it determines which quote in the lowest quote, after the tax revenue has been considered, 19. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page '7 of 27 modification or clarification of the QUOTE document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the QUOTE document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the due date. If it becomes necessary to provide additional clarifying data or information, or to revise any part of this QUOTE, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/serviceslpurchasing and sent directly to interested parties who have registered (per instructions on website) for updates to this QUOTE. If any requirements of the QUOTE are unacceptable to any prospective Bidder, they may choose not to submit a Quote. 20. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this QUOTE, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, facilitating site visits or any other activities related to responding to this QUOTE. 21. No Obligation to Contract This QUOTE does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this QUOTE in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Quotes that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all -or -none".) 22. Retention of Rights The City retains the right to accept or reject any or all Quotes or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote, All Quotes become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Quote to City shall be the exclusive property of City and may be used by the City at its option. 23. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 24. Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 25. Services Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier, the difference in the Quote price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Quote award for these products, The contractor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page # of 27 • Inability to secure component materials • Acts of God • Fire Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 26. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re -award the contract to the next most responsible bidder within 120 days of the original award, 27. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in Bidder's proposal and to waive non -material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. 28. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. QUOTE PREPARATION AND SUBMISSION General Instructions Failure to conform to the QUOTE specifications and respond to each of the submittal requirements may be the basis for rejection of a quote. Refer to Section IV Bidder's Checklist to ensure your Quote is responsive. 2. Submitting a Quote Quotes shall be completely uploaded to Public Purchase.com no later than the date and time listed on Page 2 of this QUOTE. Late Quotes will not be accepted or evaluated. If you try to submit a Quote Late, the electronic system will not receive it. Bidders must submit their Quote electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publ cpurcha se.com or the City of Yakima website at ww ;,YakinsaWA.GoviSi rvicesiPIwtrchas rig, The City is not responsible for late quotes due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any quotes. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Quotes are not considered to be confidential according to the Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after quote opening. Prohibition of Bidder Terms & Conditions A Bidder may not submit the Bidder's own contract terms and conditions in response to this Invitation to Quote. If a Quote contains such terms and conditions, the City, at its sole discretion, may determine the Quote to be a nonresponsive counteroffer, and the Quote may be rejected. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 9 of 27 4. Multiple Quotes Multiple Quotes from a Bidder will be permissible; however, each Quote must conform fully to the requirements for Quote submission. Each such Quote must be submitted separately and labeled as Quote #1, Quote #2, etc. on the first page of their response. Withdrawal of Quotes Bidders may withdraw or supplement their Quote at any time up to the quote closing date and time. If a previously submitted quote is withdrawn before the quote due date and time, the Bidder may submit another Quote at any time up to the quote closing date and time, After quote closing date and time, all submitted Quotes shall be irrevocable until contract award.. IV. BIDDERS CHECKLIST Bidder must complete and submit, as part of their Quote submittal, all required forms listed below in accordance with Section Ill — Quote Preparation and Submission. The list below may not be all inclusive. Be sure to READ the entire Quote document and include everything that is required, • Cover Sheet/Signature Page Page 2 • Quote Form Pages 17-18 • Bidder Responsibility Criteria Form Pages 19-20 • Certification of Compliance with Wage Payment Statutes Page 21 • Contractor References Page 22 • Debarment & Suspension Attestation Form Page 23 EVALUATION AND CONTRACT AWARD Quote Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Quote. Award will be made to a responsible Bidder with the lowest responsive Quote, Evaluation of Quotes and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety (90) Days A Quote may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Quote due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a quote. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No, 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: rudy.silvaRyakimawa.pov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the QUOTE shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered, and the Purchasing Manager shall issue a written decision. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 10 of 27 Step II. If unresolved, within three (3) business days after receipt of a written decision, the protest may be appealed to the Department Head by the Purchasing Manager, Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester, Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract, and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Quote Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point -by -point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner, VI. SCOPE OF WORK AND IEQjREIVIENTS 1. Scope of Work The objective is to solicit quotes to provide the City of Yakima with tree trimming/pruning and removal services as directed by City. Quoted prices shall include total costs including obtaining necessary licenses and permits (local and/or state), mobilization, labor, tools and equipment necessary to safely complete the job, hauling off of any waste and cleanup of the sites, The City has approximately 350 acres of parkland, not including rights -of -way, and is seeking a Contractor to remove or maintain trees as needed within a set timeframe. This contract is intended for both anticipated and unanticipated projects as the needs for services arise. The primary purpose of this contract is to set up as needed tree removal services, pruning, stump removal, debris cleanup, or consulting may be requested depending on the circumstances,. This contract will be divided into two categories: non -emergency conditions and emergency conditions, The City will state if the request is emergency or non -emergency when contacting the Contractor. In non -emergency conditions, the Contractor will respond to a work request with a quote within seven days, with the work to be completed on a mutually agreed upon date and time, For emergency 22533 Tree Trimming/Prunkng & Removal -- Parks/Streetis Page 11 of 27 conditions, the City would prefer a 24-hour on-call/after-hours policy. During emergency conditions, the City would receive priority service from the Contractor. Parks or Streets division staff will contact the Contractor for requested tree services. The City may also use this contract for tree trimming and removal at city facilities, when outside the scope of landscape maintenance. This contract will not include power line clearance tree trimming. The City Division Supervisor or designee will contact the Contractor and request a quote for the work that is to be completed. The quote needs to be detailed and include the following information: • When the Contractor can start the job • Number of days/hours to complete the job • Number of employees, including quoted price for each • Number of hours using each quoted piece of equipment TREE REMOVAL: Tree removal shall consist of the complete removal of all portions of the designated trees, with the exception of the stump, if r'er°novai of stump requested, it shall be ground with a stump cutter to the depth of 6" below the existing ground surface. In most cases the City will backfill with topsoil, prep and seed. However, the City may request that the Contractor complete this service, The Contractor shall exercise all reasonable care to ensure that no property damage occurs to adjacent vegetation, structures or property. If necessary, trees shall be removed in sections to prevent any such damage: Any damage to structures, utility wires, property, or adjacent trees shall be repaired by the Contractor at his sole cost. It shall be the responsibility of the Contractor to notify any utility company whose overhead wires may be disturbed during the tree removal. The diameter of the trees to be removed shall be measured by caliper at a height of 4-1/2 feet above the ground. TREE TRIMMING/PRUNING: Tree trimming/pruning shall consist of dead, dying, diseased, interfering, objectionable and weak branches on the main trunk and limbs inside the leaf area of the tree. All cuts shall be made sufficiently close to the parent stem to promote rapid healing under normal conditions, All limbs over 1" in diameter shall be pre-cut to prevent splitting. No stubs shall be left. WORK CREW: A work crew shall be made up of a minimum of two (2) personnel consisting of a foreman/crew leader, climber, or grounds man. Each crew shall have its own truck with an aerial lift bucket as well as all saws and other incidental tools and signage required to complete the work. The work crew shall be completely knowledgeable in the techniques and use of equipment for safe and efficient tree removal and tree trimming/pruning services. PREVAILING WAGE AND RETAINAGE: Any labor performed under this contract falls within the definition of public work under Revised Code of Washington (RCW) 39.04, and wages must be paid prevailing wage rates. In addition to the bonding requirements below, the City will require the successful contractor to follow sections; 8 - Compliance with Law and 9 - Prevailing Wages, as outlined in the contract, BONDING REQUIREMENTS: Bid Bond; • Not required. Payment and Performance Bonds: • Payment and performance bonds are required for 100% of the contract amount, per RCW 39.08. 22533 Tree Trimming/Pruning & Removal - Parks/Streets Page 12 of 27 For contracts up to $150,000, at the Contractor's request, the City may waive the payment and performance bonds and instead retain 10% of the contract, per RCW 39.08, for 30 days after the date of final acceptance, or until receipt of all necessary releases from the Department of Labor and Industries, the Department of Revenue, and the Employment Security Department. For contracts over $150,000, payment and performance bonds may not be waived. 2. Technical Specifications a. It is MANDATORY that all tree removal & trimming/pruning work shall be done in compliance with the latest revision of "The American National Standard Institute (ANSI) A300 Tree Care Standards - Tree, Shrub & Other Woody Plant Management - Standard Practices," A.N.S.I. A300, which is incorporated by this reference, b. Trimming/pruning shall be done in such a manner as to protect current tree health with all possible regard for future growth & development with particular attention paid to the following: * No damage shall be done to the cambium layer. Loosening or stripping of the bark shall be avoided, Cuts shall be made according to current standards as endorsed by the National Arborist Association. Climbing irons shall not be used on any tree unless the City has determined that the tree must be removed. c. Under normal conditions, an aerial lift, operator & crew shall be available on seventy-two (72) hour notice from the City Division Supervisor or designee. d. Under storm and/or emergency conditions (as determined by the City Division Supervisor or designee), an aerial lift, operator & crew shall be available on twenty-four (24) hour notice from the City Division Supervisor or designee. The Contractor shall provide the City Division Supervisor or designee with telephone number(s) at which the Contractor can be reached on a twenty-four (24) hour basis, The Contractor shall arrive at the designated worksite, ready to work, within two (2) hours of receiving notification, The Contractor shall give absolute preference to work requested by the City under storm/or emergency conditions. Under these conditions, emergency rates shall apply as listed on the quote form. Additionally, any callouts made between the hours of 6:00 p.m. & 6:00 a.m. shall be charged at emergency rates, e. The Contractor shall promptly remove all brush, twigs, sawdust, grind stumps, & similar material from each worksite & shall be transported to an accepted disposal area, at the Contractor's expense, g The City Division Supervisor or designee has the right to modify or suspend any work assignment due to adverse weather conditions or any other reason at no cost to the City. The City reserves the right to contact & utilize additional service contractors at any time for any reason. h. The contractor shall warrant the Owner & guarantee the work under this contract against defective workmanship & materials for a period of one year commencing on the date of final acceptance of the work, Stump Removal, Stump & roots shall be removed below ground level to a minimum depth of six inches & then chemically treated to ensure no suckers grow within 12 months OR remove the entire trunk to where chemical treatment is not necessary. Remove all debris including wood chips. Immediately notify the City Division Supervisor so that staff can fill the hole with topsoil. Contractors will not be required to fill with clean topsoil & rake level. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 13 of 27 Equipment Specifications/Requirements The Contractor shall provide all labor, equipment, materials, & other supplies necessary to safely & effectively accomplish all services required under this Agreement. Such labor & equipment shall include, but not be limited to, the following: a. Truck -mounted fully insulated, fifty (50) foot minimum vertical reach aerial lift, equipped with all necessary outriggers & safety devices. Aerial lift must comply with American National Standards Institute (A.N.S.I.) Standard A92.2. b. Disc type brush chipper _ (12) twelve inch minimum. c. Stump grinder of sufficient size to grind most stumps, The City will not pay extra for any broken teeth, Prices shall include teeth. d. Three chain saws that Contractor shall maintain in good & operable condition throughout the term of this Agreement. The chain saws shall be of sufficient size & design for the services required under this Agreement. e. Rope, climbing saddle, pole saws, & related equipment for use by the tree climber during all tree removal & trimming/pruning operations. Such equipment shall be maintained by the Contractor in good & operable condition throughout the term of this Agreement & shall be of sufficient size & design for the services required under this Agreement. f, Equipment must be owned or leased, so it is always available. It cannot be rented equipment. g. Personnel who are experienced & properly trained to safely & efficiently operate all the above equipment & perform all tree removal & trimming/pruning services in accordance with the standards required under this Agreement. Temporary employees are not allowed. 4. Safety a. Ensure that all tree removal & trimming/pruning services provided under this Agreement are performed safely & in accordance with all applicable federal, state, & local laws & regulations. Mandatory safety practices include the following: • Upper booms & personnel baskets of aerial lifts must be fully always insulated. + Electrically approved hard hats must be worn at each worksite. • Warning signs, traffic cones, flashing lights, etc., shall be utilized at each worksite. • Aerial lift truck outriggers must be down whenever the aerial lift is in operation. • Chocks shall be properly placed to the front & back of the aerial lift truck whenever the aerial lift is going to be used. The outriggers shall not be substituted for use of the chocks. Eye protection (i.e., safety goggles, face shield) shall be always worn at worksites. * Safety belts must be worn & properly connected to the aerial lift by people using the aerial lift. Proper safety equipment shall be used during all stump grinding & chipping operations. b. Manufacturer's instructions: All materials & equipment shall be applied, installed, connected, erected, used, cleaned, & conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the contract documents. c, Public convenience & safety • The Contractor must so conduct operations as to offer the least possible obstruction & inconvenience to the public & shall have under construction no greater length or amount of work than can be performed with due regard to the rights of the public. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 14 of 27 The Contractor must provide & maintain such fences, barriers, directional signs, lights, & flag persons as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered because of the work & to give directions to the public. Any street break permits required are the responsibility of the Contractor. d. Protection of Existing Utilities • Identification & location of all underground utilities are the responsibility of the Contractor. The Contractor shall: o Notify the Owner in writing, on each occasion, of the intent to work near underground utility services or structures, Submit proposed work "procedure for approval" to assure safe & continuous operation of the service. Proceed with sufficient caution to prevent damaging any known or unknown utilities. In the event unidentified utilities are encountered, the contractor must notify the Owner immediately. In the event utilities are damaged during construction, temporary services &/or repairs must be made immediately, at the Contractor's expense, to maintain continuity or services. e. Owner/Operators While it is understood that owner/operators are not required to follow the same safety rules administered by the Department of Labor & Industries, by submission of a quote, it shall be expressly understood that due care shall be always exercised to maintain a safe environment. Anytime an owner/operator hires an employee, the employee shall be required to follow all pertinent safety rules. Owner/operators are still required to maintain the proper certificates of insurance in full force & effect & the City of Yakima shall be held harmless of any liability whatsoever that could result from injuries, property damage, etc. f. The City Division Supervisor or designee may order that the Contractor stop working whenever any safety violation is observed &/or evidenced. The Contractor shall comply with the stop work order & shall not resume work until the safety violation is corrected to the satisfaction of the City Agent or his/her designee. The Contractor shall not be entitled to any compensation for time during the period of the stop work order. Identification & location of all underground utilities are the responsibility of the Contractor, The Contractor shall: + Proceed with sufficient caution to preclude damaging any utilities known or unknown. In the event unidentified utilities are encountered, the contractor must notify the Owner immediately. • In the event utilities are damaged during construction, temporary services &/or repairs must be made immediately, at the Contractor's expense, to maintain the continuity of services, Dust/Debris Control a. The contractor must take whatever steps, procedures or means as are required to prevent abnormal dust & debris conditions being caused by the operation in connection with the work. Dust control must be incidental to this project and in accordance with Clean Air Laws, b. All areas where personnel are, or will be present during work, shall be thoroughly cleaned of debris & garbage daily. Specific areas are adjacent buildings, walkways & parking areas. Contractor's Use of the Premises Work included in this Section applies to situations in which the Contractor or his representatives including, but not necessarily limited to, suppliers. subcontractors, employees, & field engineers, enter upon the Owner's property. a. Truck & equipment access: 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 15 of 27 To avoid traffic conflict with the vehicles of the Owner's employees & customers & to avoid overloading of streets & driveways elsewhere on the Owner's property, limit the access of trucks & equipment to the route as approved by the Parks Operations Supervisor. Provide adequate protection for curbs & sidewalks over which trucks & equipment pass to reach the job site, b. Contractor's vehicles: • Require Contractor & employee's vehicles & all other vehicles entering upon the Owner's property in performance of the Work of the Contract, to use only the access route approved by the Owner, Do not permit such vehicles to park on any street or other area of the Owner's property except in an area approved by the Owner. Traffic Control The City will provide traffic control if needed, however in the event the City is unable to provide traffic control, the Contractor will be responsible. The Contractor will provide a Traffic Control Plan and obtain the appropriate permits before beginning work, The Contractor may close non -arterial streets to thru traffic, if access for residents is always maintained with a minimum of a 20-foot-wide access lane. The Contractor shall coordinate all such non -arterial closures with the City. The Contractor shall also coordinate any closures and cooperate with the various businesses and/or residences adjacent to the project site, The Contractor shall be responsible for and provide flaggers, signs, detours and other traffic control devices necessary to perform the work in a manner to provide for the safety of the public, the Contractor's employees, City personnel, and to facilitate the movement of the traveling public in the street, sidewalk and other areas which are affected by the work, The Contractor may institute traffic restrictions on arterial streets subject to the approval and conditions of the City. On arterial streets, any requests for full closures or partial (lane) closures to facilitate tree removal shall be submitted to the City a minimum of 3 working days prior to the actual work. The City will review the Traffic Control Plan and/or Detour Route developed by the Contractor for the work, The Contractor is advised that traffic restrictions/closures on arterial streets shall generally be limited to the hours of 9:00 a.m, to 4:00 p.m. In some cases, further restrictions may be necessary. The Contractor shall be responsible for and provide flaggers, signs, detours and other traffic control devices necessary to perform the work in a manner to provide for the safety of the public, the Contractor's employees, City personnel, and to facilitate the movement of the traveling public in sidewalk, shoulder and pedestrian areas on arterial streets. The City requires all Traffic Control Plans (TCP) to be compliant with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). The City Traffic Engineer requires a TCP for all permits and reviews/approves them in accordance with MUTCD. When a city street needs to be closed a short term permit (less than 30 days) needs to be obtained, prior to project commencement. Refer to the City of Yakima Engineering webpage for information on how to obtain a Right of Way Use Permit: IP yaki ymawa,,goyjservices,(en ipeerungItow- errnit,. 8. Mobilization and Demobilization Mobilization shall be included in the base unit price for each work order and shall consist of preparatory work and operations performed by Contractor, including his personnel, equipment, supplies and incidentals to the project site, No separate measurement or payment will be made for costs associated with mobilization and demobilization. Job site arrival: The time the Contractor physically arrives at the job site and begins working is when time starts. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 16 of 27 VU. QUOTE FORM INVITATION TO QUOTE NO. 22533 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED, THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS, Quote your lowest price for the following: Description Qty. Price Per Unit (without tax) SCHEDULE 1 Trimming/Pruning and Tree Removal — Regular Rate Trimming/Pruning/Removal Cost Per HOUR for Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for a Two -Person Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost. Per HOUR fo each Additional Crew Person Including Equipment Trimming/Pruning/Removal Cost Per DAY for each Additional Crew Person Including Equipment Trimming/Pruning and Tree Removal — Emergency Rates Trimming/Pruning/Removal Cost Per HOUR for a Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for a Two -Person Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost Per HOUR for each Additional Crew Person Including Equipment Trimming/Pruning/Removal Cost Per DAY for each Additional Crew Person Including Equipment SCHEDULE 2 Stump Grinding — Regular Rates Stump Grinding Cost Per HOUR for a Two - Person Crew Including Equipment 22533 Tree Trimming/Pruning 8 Removal — Parks/Streets Page 17 of 27 Item No. O. Description Stump Grinding Cost Per DAY for a Two -Person Crew Including Equipment (based on 8-hour day) y. Stump Grinding Cost Per HOUR for Each Additional Crew Person Including Equipment 12. Stump Grinding Cost Per DAY for Each Additional Crew Person Including Equipment Price Per Unit (without tax) SCHEDULE Outside City Limits — Travel Rates (in addition to regutar rates) Boom Truck — Per Mile 14. Regular Truck — Per Mile Schedule of Unit Prices. The following unit prices are to apply only in the event of additions or deletions from the work required and ordered as set forth in Section VI-7 Traffic Control. The bidder shall propose a price for each item; failure to propose a price for each may deem the quote to be non -responsive. The City reserves the right to accept or reflect the unit prices quoted, No. 6. Traffic Control Description SCHEDULE 4 Traffic Control Sidewalk Closure UOM 1 hour Price Per Unit (witho t taxi Traffic Control — Non -Arterial Street Closure 7. Traffic Control — Arterial Street Partial Closure Bidder Name: 1 hour 1 hour 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 18 of 27 VIII# BIDDER RESPONSIBILITY CRITERIA FORM BIDDER RESPONSIBILITY CRITERIA FORM It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal: Contractor #: Effective Date: Expiration Date: 2. Have a current Washington Unified Business Identifier (UBI) number; UBI #: 3, If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW, Is account current? (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c, Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW: # Has Contractor been disqualified from bidding on any public works contract under RCW 39,06.010 or 39,12.065(3). Is Contractor disqualified? (Yes/No) Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non- standard, project specific items reporting requirements of RCW 39.04.370, Does Contractor have violations? (Yes/No) b. For public works projects subject to the apprenticeship utilization requirements of RCW 39,04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (Yes/No) c. Per RCW 39,04.350 and RCW 39,06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete © Exempt E Is Contractor in compliance? (Yes/No) 22533 Tree Trimr`r ng c Removal — Parks/Streets Page 19 of 27 d. Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Subcontractor Responsibility The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; d. An electrical Contractor license, if required by Chapter 19.28 RCW; e. An elevator Contractor license, if required by Chapter 70,87 RCW, 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06,010 or 39.12,065 (3). Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non- standard, project specific items reporting requirements of RCW 39,04,370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person authorized to certify information included in Bidder Responsibility Criteria Form: Signature Printed Name, Title Date 22533 Tree Trimming & Removal -- Perks/Streets. Page 20 of 27 GX CERTIF CATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( ), that the bidder is not a "willful" violator, as defined in RCW 49.48,082, of any provision of chapters 49,46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, Bidder Signature of Authorized Official"" Printed Name Title Date City State Check One: Individual 0 Partnership E Joint Venture 0 Corporation L7 State of Incorporation, or if not a corporation, State where business entity was formed: If a co -partnership, give firm name under which business is transacted: If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner,. 22533 Tree Trimminra & Removal ® Parks/Streets Page 21 of 27 X. CONTRACTOR REFERENCES Provide at least three (3) references for organizations with whom your company has provided similar services over the last three (3) years. Include a clear and concise description of the project. The Owner will determine which, if any, references are contacted to assess the quality of work performed. 1) Company Name Address (including Zip + 4) Contact Person Phone No. Email address Describe experience with reference: 2) Company Name Address (including Zip + 4) Contact Person Email address Describe experience with reference: 3) Company Name Address (including Zip + 4) Phone No. Contact Person Email address Describe experience with reference: Phone No. 22533 Tree Trimming & Removal - Parks/Streets Page 22 of 27 ATTACHMENT A DEBARMENT AND SUSPENSION ATTESTATION FORM 12 .N0r1I-1.21e Street Y'3ka 'ta, Alaish ngton 983J1 i 509575-6093 DEBARMENT AND SUSPENSION ATTESTATION If this Contract qualifies a,s a oa ered trans jorr Contractorcertifies, compliance with, the folio'?rin federaV yr funded grant r u e 1. eith r the C n act r its principals f.as defined id -FR '1SLl. S7, nor 'its a3f"ates (as defined =n 2 CAR"1,SC.nr:,i are excluded ur disqualified as specified :n 2 CFR G 1574Can,d °y'L'rio_ 945. 2 The Contractor- agrees to comply with. "he requirements of 2 CFR Fart ?SO, Subpart 0, a. adopted and supplemented by 2 CFR Part 200 Uniform, Adnnistrative Requirements„ Cast F'rirreipres, an,d Audit Requlremerts for Federal Awards), and further er>.sures that any iower- t r rkowered tray za ttr s entered into as part of this Contract. will 'include a requrrer, ent. for compliance unith these regulations. 3 The debarment and e,cclu ion status of entities an to °rerzfied at ttas_//www.sarr- gokv. The Contractor hereby certifies that:-ailintorrt9atrnn prosided kn this attestation is. true, accurate, and complete to the best of their knowledge and a kncr' Sedges that. this, rei resentation is a material fact upon 'which the wrty of °rakrrr+a recce;. The Cck.ntr'actnr affirms its commitment to remain in full compliance. wit rs the requirements of 2 CFR Subpart C, and all applicable federal regulations throughout the duration of this Contract and ompliance in all lower -tier covered transactions. Furthermore, if it is discovered that the d false certifi at€ r . the City of Yakima and the Feder& Government may pursue all avaliable remedies, in. ding, but not limited to., suspension ordebarment. Contractor"; Nance. Nance and Title of Authorized Representative e of Authorized Representative w<a;509:,^5-E'a3 r aor r• - t'.w E• purc14, yak srr4a$o; v w www r.'servx „;p.rt'.havtrr La Modified: n1118/2a 22533 Tree Trimming & Removal — Parks/Streets Page 23 of 27 TTACH E T SA P C T Excluded 2253 Tree Tri Rer Laval Parks/treet Page 24 of 27 ATTACHMENT C - SAMPLE INSURANCE �Tl t CENTLt iCAIE G s3i E1Ft'LFICa E JOEn FLOP A C1 Ai. THI"a CERTi-7C*T'i `.dI*+e ua5 N CERTIFICATE OF LIABILITY ( SURANCE A5 A MATTER OF kP{FOF IIATIf1N ONL,.T AND CONFR p"t ATNELY OR NFOATEVVLY AMEND, EXTEND oR ALT INSURANCE DOES ROTCDN.49TR1TE A CONTRACT bir' Eix.AND `SHECER71 !C ,TE.HO✓.DER_ an At7©IT1g-MAL INSUkEf3, It.a pot tea7ax9 and ann1'aEtTrTi71 ir1 'ha poi: Aa EF8T 1]SLINCa C«E.Fi B""? <cAm AY{f N1tMbEH FTTF°t"7 t'ERV :1F1 C ka:.ar1"13:91 TY#+E F I9M1 '4We*C.dk stsrt ar€.rix e`TT .V UOIL """r" tl N I. *al,ma, W A 96I+u a ACORD 21 t:6tElfl1 WIVI4rirW-.. r_xW 04,1E TT#C CERTIFIC GE d.FFOrTT m tW LNSURERIsf, A prorh+ona Or ice 403a�E14Ai3. nt A statement! G:1 4,00.7,00E -8 ar;�r�nft<r + oANATurrt O Ki141 iaW, , a+A,KAt.;: � I a�.�trc. 7"I? >. ; .�.:A �� �n r^a-�:. „'�, 1 ": r .:E* '�Y,d, ,_r!r�t ,a'?ee"t B e 19d iftSttre All CANCELLATION ION iE QL%LD MP OF THE ABOVE SCRIEICO FDLSICI!. 74. C:ANCC Lira RC F^AF THE EX►WCATIQM nATA THEREOP, NOTICE VTILL 9E O.FC.VERFn IN +~CcOaDokacz. WATH n{EPOLICY !FCS:'".?i4H9 K.ANI v1 uNC 0 19144015 ACORD CORPORATION. An rV AN er:"crrr;l, Tha ACORO name and inga arc iagestcrt:: r:ta:! a cyS ACORD 22533 Tree Trimming & Removal — Parks/Streets Page 25 of 27 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR. CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This enotors tent modifies u COMMERCIAL GENERAL LIABCLI idled under the following: OVERAGE PART SCHEDULE The City of Yakima, its agents. employees, authorized volunteers, elected and appointed officials are included as Prim y Hon«Contributory additional insured, A. Section II — Who Is An Ins include as an additional insur organs aiionts) ShOWn in the S with respect to liability forte damage' or "personal] caused in whole or in p 1. Your acts or omiss 2. The acts or omissions behalf: in the performance of your ongoing the additional insured{s) at the loca noted above. CG201007t04 at for s olesig- B. Witb respect a t insurance afforded to these additional insureds, the following additional exclu- sions apply This insurance does not appty to 'bodily injury" or 'property damage' accolrrktg after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by of on behalf of the additional insuredts} at the location of Me covered operations has been completed or 2, That portion of ''your work" out of which the injury or damage arises has been put to its 'in- tended use by any person or organ .ation other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same prcalect. ,} ISC Properties. Inc , 2004 Page 1 of 1 22533 Tree Trimming & Removal — Parks/Streets Page 26 of 27 POLICY NUMBER:CG0300094907 COMMERCIAL GENERAL LIABILITY CG 24 104 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance p oyided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODJCTSCOM.?Lt t ED OPERATIONS LIABILITY COVERAGE PART, RAILROAD PROTECTIVE LIABILITY COVERAGE PART UINDERGROIUtNCI STORAGE TANK POLICY DESIGNATED TANK SCHEDULE Name / f Person(s) Or °roan zation(s): IMlere required by written contact agreement exec mance, renter ed to completer, The fo loworrg is added to Paragraph A. Rights Of Recovery Against Oth Section IV —Conditions: We waive any right of recovery again or organizatiorusi shown because al payments we Part_ Such waiver by us ; Me insured has "waived such pe+sor#fsj o organs endorsement applies 04 orga'ratlents r shown In the Sch. CG;24 tI4121I n galnst This or insurance Services Office, Inc., 201ei Page 1 of 1 22533 Tree Trimming & Removal — Parks/Streets Page 27 of 27 EXHIBIT S CONTRACTOR'S QUOTE SUBIVIITTAL 509-406-1506 LICENSED BONDED * INSURED URIBETS810J2 www.0 ribestreeservice.com @uribestreeservice QUOTE Release Late: June 5, 2025 CITY OF YAKIMA INVITATION TO QUOTE 22533 COVER SHEET THIS IS NOT AN ORDER Quote Receipt: Bidders must first register with PubiicPurchase.com. Quote submittal shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Quotes will not be accepted or evaluated. If you try to submit a Quote late, the electronic system will not receive It. Quotes shall be firm for acceptance for ninety (90) days from the date of Quote opening, unless otherwise noted. Quote openings are not public. Purchasing For City of Yakima Parks and Streets Divisions 2301 Fruitvale Blvd. Yakima, WA 98902 Quotes Must be received by: June 20, 2025 - 2:00:00 PM PDT Buyer In charge of this procurement (Contact for further i Christina Payer, CPPB Buyer II Phone E-Marl Address (509) 576-6696 Christina payer yalki tar a. l v PROJECT DESCRIPTION SUMMARY Tree Trimming/Pruning and Removal Services (as needed) Enter Prompt Payment Discount: net 0 days e/1 will begin work within 5 days after receipt of order. 61 hereby acknowledge receiving addendum(a) (use as many spaces as addenda received) In signing this Quote we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firrn to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor that this Quote has not been knowingly disclosed prior to the opening of Quotes to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name O r :vDe 7rl . W;L-c.t,. Name of Authorized Company Representative (Type or Print) iklae 22533 Tree Trimming/Pruning & Removal — Parks/streets Ti mpany Address Tf07 ►not,+ St!— it-, rn 6s. CI 9ifrep Page 2 of 37 VII QUOTE FORM INVITATION TO QUOTE NO. 22533 TO BIDDER; PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Quote your lowest price for the following: Description CHEDULE 1 Trimming/Pruning and Tree Removal — Regular Rates Price Per Unl !without tax TrimminglPruning/Removal Cost Per HOUR for a Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for a Two -Person Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost Per HOUR for each Additional Crew Person Including Equipment Trimming/Pruning/Removal Cost Per DAY for each Additional Crew Person Including Equipment TrimminglP —7bn uning and Tree Removal — Emergency Rate Trimming/Pruning/Removal Cost Per HOUR for a Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for a Two -Person Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost Per HOUR for each Additional Crew Person Including Equipment Trimming/Pruning/Removal C ost Per DAY for each Additional Crew Person Including Equipment SCHEDULE 2 Stump Grinding — Regular Rates Stump Grinding Cost Per HOUR for a Two - Person Crew Including Equipment 1 22533 Tree Trimming/Pruning & Removal - Perks/Streets Page 17 of 37 Description ©. Stump Grinding Cost Per DAY for a Two -Person Crew Including Equipment (based on &hour day) Stump Grinding Cost Per HOUR for Each Additional Crew Person Including Equipment 2 Stump Grinding Cost Per DAY for Each Additional Crew Person Including Equipment SCHEDULE Outside City Limits — Travel Rates (in add 13. Boom Truck — Per Mile Regular Truck — Per Mile Price Per Un (without to Schedule of Unit Prices. The following unit prices are to apply only in the event of additions or deletions from the work required and ordered as set forth in Section VI-7 Traffic Control. The bidder shall propose a price for each item; failure to propose a price for each may deem the quote to be non -responsive. The City reserves the right to accept or reflect the unit prices quoted. Description SCHEDULE 4 Traffic Control Traffic Control — Sidewalk Closure Traffic Control — Non -Arterial Street Closure Traffic Control — Arterial Street Partial Closure Bidder Name: 0090-,A. Sew& Price Per Unit ithout tax) 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 18 of 37 VIII. BIDDER RESPONSI ILiTY CRITERIA FORM BIDDER RESPONSIBILITY CRITERIA FORM It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: Have a current certificate of registration as a Contractor in compliance with chapter 18,27 RCW, which must have been in effect at the time of quote submittal; Contractor #: V t �bc"t ��i0 3?z Effective Date: L{- 2zr a-019 Expiration Date: Z0Z'"� 2, Have a current Washington Unified Business Identifier (UBI) number; UBI #: (12Z to/d 3. If applicable: a. Have Industrial Insurance (workers" compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? 5 (Yes/No) b. Have a Washington Employment. Security Department number, as required in Title 50 RCW; # SIZ 3CZ -00-g c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # F 3 - y 3 80$ Z9 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? 'y (Yes/No) a. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non- standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? _(Yes/No) b. For public works projects subject to the apprenticeship utilization requirements of RCW 39,04,320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (YeslNo) c. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete MI, Exempt 0 Is Contractor in compliance? l{{ (Yes/No) 22533 Tree Trimming & Removal - Pairsltreets Page 19 of 37 d. Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Subcontractor Responsibility The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of Its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; d. An electrical Contractor license, if required by Chapter 19.28 RCW; e. An elevator Contractor license, if required by Chapter 70,87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12,065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non- standard, project specific items reporting requirements of RCW 39.04.370. fr. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. T. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person auth•nized to certify Information included In Bidder Responsibility Criteria Form: Sig* 'cure trot >1,k-- ki l e Printed Name, Title LP -l~ Z Date 22533 Tree Trimming & Removal - Parks/streets Page 20 of 37 IX. CERTIFICATION O P ANCE WITH WAGE PAYMENT STATUTES Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date 4 "' , ), that the bidder is not a "willful" violator, as defined in RCW 49,48.082, of any provision of chapters 49.46, 49.48, or 49,52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, () ;'to ©3 T.__Sr./ct Bidder Signature Authorized Official' Printed Name Title Check One: Individual 0 Partnership 0 Joint Venture a Corporation 65 State of Incorporation, or if not a corporation, State where business entity was formed: If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal roust be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. 22533 Tree Trimming & Removal - Parks/Streets Page 21 0f 37 X. CONTRACTOR REFERENCES Provide at least three (3) references for organizations with whom your company has provided similar sei over the last three (3) years. Include a clear and concise description of the project. The Owner will determine which, if any, references are contacted to assess the quality of work performed. 1) Company Name Address (including Zip + 4) Contact Person Email address Describe experience with reference: 4v(0 2) Company Name Address (including Zip + 4) Contact Person Email address 4 Describe experience with reference: 3) Company Name Address (including Zip + 4) Contact Person Email address Describe experience with reference: re.f qu a f E1 rbv Phone No. Phone No. 5'1 7 Z. 1N 773 223 Tree Trimming & Removal - Parks/Streets Page 22 of 37 ATTACHMENT A — DEBARMENT AND SU F' ON ATTESTATION FORM DEBARMENT AND SUSPENSION ATTESTATION if this Contract qualifies as a covered transaction under federally funded grant requirernents the Contractor certifies corn-pliance With the following: 1. Neither the Contractor, its pnncip&s (as defined in 2 CFR 5180,9951, nor its affiliates (as defined in 2 CFR §180.9051 are excluded or disqualified as specified In 2 CFR §180.940 and §180.945. 2. The Contractor agrees to comply with the requirements of 2 CFR Part 180, Subpart C, as adopted and supplemented by 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), and further ensures that any ;ewer - tier covered transactions entered into as part of this Contract will include a requirement far compliance with these regulations. 3 The debarment and exclusion status of entities can be verified at nttc}.Ji'wwiw-carr3.� v. The Contractor hereby certifies that el information provided °n this attestation is true, accurate, and complete to the best of their knowledge and acknowledges that this representation is a material fact upon which the City of Yakima relies, The Contractor affirn•s its comrzr3tment to remain in full complliance with the requirements of 2 CFR Part 180, Subpart C, and all applicable federal regulations throughout the duration of this Contract and to require compliance in all lower -tier covered transactions. Furthermore, if it is discovered that the ;.ontractorknowingly provided false certification„ the City of Yakima and the Federal Government may pursue all available remedies, including, but not limited to, suspension or debarrvent, Signed this (gdeyof ) Contractor's Nance (.w2 Name and Title of Authorized Representative frtarfzed Representative 4?5091 S'ts-60,05 22533 Tree Trimming & Removal — Paric lS E punch?"okana^h 14,04 W wLs4 vatseiawa gtn,serwesipo rchaane Last Modified: t/1a/24 Page 23 of 37 THIS IS FRANK WITH Tree Service L.L.0 and I wanted to send out a quick email to you, to Iat you know a little about our company. We area fully staffed and equipped tree service company. We handle any and all tree related protects ranging from small detailed prunings all the way up to the biggest tree removals in town. We are fully licensed, bonded, Insured, and carry the necessary workers compensation requirements through L&I. Also very knowledgeable In handling all paperwork for city/county and prevailing wage protects. E U PMENT LIST: • 1-83 foot tracked spider lift • 6 foot boom trucks • 3-45 foot boom trucks • 1-30 foot boom truck • 1-50 hp remote controlled stump grinder • 1-75 hp remote controlled stump grinder • 1-30 hp tracked stump grinder • 1-19 Inch wood chipper • 1-18 Inch wood chipper • 1-12 Inch wood chipper • 1-75 foot elevator forestry boom truck • 2-Avant 528 wheeled loaders • 2-10 Inch wood chippers • 1-bobcat s300 • 1-bobcat 830 • 1-toro tracked loader • 2-7x14 dump trailers • 4-hlgh capacity chipper trucks • 3-16 foot equipment trailers • Coming soon - Forestry Mulcher • Coming soon-106" knuckle boom crane (June 2025) 1e Tree removals T• ree pruning and trimming �MrT• ree climbing 111/�rr S• tump grinding \/p Land/Lot clearing Ike ROW clearing Arb©r1st Services Nie Drone Services Crane Services Shrub trimming/removal Bobcat services Emergency tree services Commercial snow removal Coming soon - Forestry Mulching Premium Firewood Sales and delivery Save and share to anyone needing the best tree service company around. We are avaliable year-round for tree work as well as snow removal, We look forward to working with you guys and showing you our high -quality workmanship. Th ou have a re 2 25 AGREEMENT CITY OF YAKIMA QUOTE 22533 TREE TRIMMING AND REMOVAL THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington rnunicipal corporation ("City), and Senske Services, (Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein„ do hereby covenant and agree as follows: 1, Scope of Work The Contractor shall perform all work and service(s) and furnish all tools, materials. labor and equipment (collectively referred to as 'Services") according to the procedure outlined in Quote Tree Trimming and Removal, Specifications which are attached as Exhibit A, and the most recent edition of the ANSITfINEIA and NEC Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense of all equipment: work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be fumished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractors Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3, Contract Term The period of this Contract shall be for a period of one (1) year from its effective dale. The City may. at ils option, extend the Contract on a year-to-year basis for up to four (4) additional years, Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal, 4. Agency Relationship between City and Contractor Contractor shall, al all times, be an independent Contractor and not arr agenl or representative of City Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of Ci authorized to enter into any agreement or undertaking for, or on, behalf of City. th regard to performance of the In no event shall Contractor be 5. Successors and As a. Neither the City. nor the Contractor. shall assign. transfer, or encumber any rights. duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns.. does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part. now or at any time disclose that information without the express written consent of the City, S. Records a, The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City„ but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- 22533 Agreement Page 1 or 8 complying performance, its suostantiality or fho ease of iTs discovery. Contractor shall provide the C![y sufficient, safe, and proper facilities, and!oraend copieso(the requested documents to the City, Contractor records na|udng to the Semicen bpprovided tnthe City upon the C!ty's/eqoesi b, Contractor ohoU promptly furnish the C/*uiih such infonnanw` and records which are related to the Services o/ this Con1rac| as maybe requested by the Ci\yUnU the exp/'u�on o(six <G) years after final payment ufthe compensation payable under this Contract, orfor a longer period /frequimd by law o,bythe Washington Secretary Of S/o1r'srocond retention schedule, Contrac0orsha8 retain and provide the City access u/(arid t1rieCity shall have the right Wexamine, audit and copy) all of Contractor's bomks, ducumemtS, papers and records wnidhore related to tlnnServices pedomedby Con1mdorunder this Contract. If any liticalion, claim, or iudil is started before the expiration of the six -year period, of for the roqu'Jed perioud outlined by Me �ash,nqtor) Secrcf�ry of State's record relenhon period if longer, Ole records shall be retained unitl all hUgation, claims or audit findings involving the reol,rds have been resolved, c All records relating to Contractor's services Linder this Conxan| mist be made available to the Ci(y, and the records relating to the 3omicrs are City cfYe�ina /Yakima Coumy records, They moot be produced to third parties. if required pursuant to the Washington Stale Public Records Act, Chapler 42,56 RCV� or by lavv All records relating to Contractor's xomi:eu under this Cnn|,nx\ moai be retained by Con{,oclo/ for the nnni.nurn period of time required pursuant to (he Washington Secretary (it State'smocrto mlennnn scrieUule, d- The terms of this section shall survive any expirif�ojn or termiflat!on of ��,is Contract. 7. Work Made for Hire All work the Contractor performs under (his Contract sheU be considered work made for hire and shall be the property o(the City, The City shall own any and all data, documon|x, plans, copyrights speuficabuns, wmrking papers, and any other materials the Contractor produces in connection with this Contract, On completion ortennm»Um` uf{ha Cun1nci \he Contractor shall deliver these materials to the Cify 8. Compliance with Law Contractor agrees <operform all Services under and pursuant to tNsCm'iec(in full cnmpUancewith any and all applicable la/s, m|ns, and regulations adopted orpromulgated by any govemmanWogcncyuregu|a1o,ybody, wheowrfederal, y|m{o. local, nro\herviise. Conuax|or shall procure and have. all applicable and necessa� pemn\s, |iconron and approvals of any federal, sin(e. and local governfrienl, or governmental authority or this proicct, piy all chTges and fees, aildi give, all notilces necessary and incidental to the due and lawful execution n{�ework, a� Procurement of n City Business License, Contractor moo| procure a City of Yakima Business License and pay all charges, fem�and taxes asuuo/atedw`|hsaid license, Conkaco/mustpmviooproof davalid Washington department m[ Revenue state excise tax registration number, aomqUiedmTitle 85RCY, b, Contractor must provide proof ofnvalid %iVashington State Contractor Registration number, c Contractor must provide proof of o valid Wishing\on deomrtmen\ of Revenue o\a(o excise lax registration numbar, as required inTitle 82RCVV, d, Contractor must provide proof o/a valid Washk/gxcn Unified Business |d*oUficabon (U0) number, Cum/ac1o/must have a current UB| number and not be disqualified from bidding on any public �nrks contract under RCVY 38D6.010 or Contractor must provide proof ofavalid �,Vash�ngtcnEmployment Security Department: number as required by Title 50 RCIAI [ Foreicin ANhoughthe City does xv|require foreign corporate proposers Nqualify mthe City, County Or State prior 0oSubmitting a proposal. it is spmohraUyundprstood and agreed that any such corporation will promptly take all necessary measures to become authorized to cuoduc| business in the City of Yakima at their own expeuxe.v�ihnu1 regard iowhether such corpvmnonis actually a�a�adthe con|rad,and inthe eve^t that the owa� is /na0e.prior(ocooUur"ngany business mthe C|ty� ?asasAp,ee.n*p' Pane z"/m 9. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW Prevailing Wages on Public Work, a. RCW 39,12,010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12,040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 3912,070 - Fees Authorized for Approval Certification and Arbitrations, Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor, The State of Washington prevailing wage rates applicable for this public works project.. which found at the following website address of the Department of Labor and Industries: applicable effe his oroiiect fo d in Yakima County. y e rctsvo,adina-v resin Based on the quote submittal for this project, the e purpose of determining prevailing wages is the quote date, June 5, 2025, 10. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status. political affiliation or belief. or the presence of any sensory, mental or physical handicap in violation of the Washington State Latin Against Discrimination (RCW chapter 49,60) or the Americans with Disabilities Act (42 USC 12101 el seq,), This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations, In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. No provision at this Contract shall require or prohibit action or inaction by either party, or the agents) or subcontractor(s) of either party. that would violate Federal, State, or local law or that would affect the City's eligibility for any federal program or receipt of federal funds, The following provisions are included as required by Washington Slate law: RCW 35,22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall .actively solicit quotes for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The Contractor shall be required to submit evidence of compliance with this section as part of the quote. Nothing in this Agreement shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49,60.400, Pursuant to RCW 49,60.400(6), this Section does not prohibit action that must be taken to establish or maintain the City's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City. 22533 Agreement Page 3 of 8 11, Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay cr the pay of another employee or applicant. eimvever, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals ho do not ethers°rise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation. proceeding, hearing, or action, 'including an nnvesligalion conducted by the employer, or (c) consistent with the contractor's legal duly to 'furnish information. 12. Indemnification and Hold Harmless a. Contractor shall take all accessary precautirsrts in performing the Services to prevent injury to persons or properly. The Contractor agrees to release, indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers. attorneys, and volunteers from all liabilities, losses. damages, and expenses related to all claims.. suits, arbitration actions. investigations, and regulatory or other governmental proceedings arising from cr in connection with this Agreement ar the acts, failures to act, errors or omissions of the Contractor, or any Contractor`s agent or subcontractor, in performance of this Agreement. b, Industrial Insurance Act Waiver. It 'ss specdfcaldy artd expressly understood that the Contractor waives any mmunity that may be granted to it under Inc Wash nglon State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's dndernnifdcation shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit .acts or any other benefits acts or programs, Contractor shall require that its subcontractors. and anyone directly or indirectly employed or hired by Contractor. and anyone for whose acts Contractor may be Table in connection with its performance of this Agreement, complK, with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver, c. Should a court of competent jurisdiclicn determine that this Agreement is subject to ROW 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 Contractor and the City, the Contractor's liabiity, including the duty and cost defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section, or this Co,pitrnct shall be construe( to create a liability or a right of indemnification in any third party. e. The terms of this Section sha u expirati rio nation cf this Contract, 13, Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages. losses, and expenses arising out of or resulting from the performance of this Contract. If Contractor carries higher coverage limits than the limits stated below such higher limits shall be shown on the Certificate of Insurance and Endorsements, and the City shall be named as an additional insured for such higher limits_ Contractor shall provide and rnainta;.n in force insurance at limits no less than that stated below. as applicable_ The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor shall provide a Certificate of Insurance to the City as evidence of ccverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate, This Certificate of insurance shall he provided to the City, prior to commencement of work. Failure to ,provide the City with proof of insurance andlor to maintain such insurance outlined herein shall be a material breach of this agreement and a basis for termination, Failure of City to demand such verification of coverage with these insurance requ the insurance documentation provided shall not be construed as a waiver of Cone actor`s obligation to maintain such insurance. ents or failure of City to identify a deficiency fro 22533 Agreement Page 4 of 8 Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement. and any insurance, self-insurance or insurance pool coverage maintained by the City shalt be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation, The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000.000.00) per occurrence, combined single timit bodily injury and property damage, and Four Million Dollars (S4,000,000,00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its erected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearty state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials. employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A -VI' or higher in Best's Guide and admitted in the State of Washington, The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars (S2,00O.O00.00) per occurrence, If Contractor carries higher coverage limits. such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shalt be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A -VI! or higher in Bests Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended fo and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary, c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safely laws, statutes, and regulations to the full extent applicable. and shall maintain Employer's Liability insurance with a limit of no less than $i,000„000,00, The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not lirnit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. if at any time during the life of the Contract. or any extension, Contractor falls to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause 22533 Agreement Page 5 of 8 for the City to subrogation, a the n cit„ All additional insured endorsements required by this Section shall include an explicit waiver 14. Severability if any term or condition of this Contract or the application thereof to aily person,$) or circumstances is held invand, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 15. Contract Documents This Contract. the Invitation to Quote 22533 Scope of Vitork, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent '14'th City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of Inc Purchasing Manager, 129 No. 2St,, Yakima, WA. 98901 and are hereby incorporated by reference into this Contract. 16, Termination Termination for Cause In the event Inc Contractor breaches this Contract, the City may terminate the Contract at its sole discretion n such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of his notice. In the event of the City breaches • his Contract. (he Contractor may terminate. the Contract at its sole discretion in such .event that it provides the City withwritten notice of City's breach and the City fails to cure. its breach of the Contract within 60 days of this notice. The following represents a rion-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract: h FrIs o performany material obligation required under the Contract: c.. Files a petition in bankruptcy, becomes insolvent, .or otherwise takes actionacl on to dissolve as a legal entity: d. Allows any final judgment not to he satisfied or a lien not to be disputed after a legallymposed-30-day noticet e, f, Makes an assignment for the benefit of creditors; Fails to follow the sales and use tax certification requirements of Inc State of Washington. g. Incurs a delinquent Washington tax liability: h. Becomes a State or 'Federally, debarred Contractor: Is excluded from federal procurement and non -procurement Contracts: j, Fails to maintain and keep in forco all required insurance, permits and licenses as provided in the Contract; k, Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identable.: Information: I, Contractor performance threatens the health or safety of a City. County or municipal employee: or Termination for Convenience The City may -terminate the Contract, without cause, by providing 30 days written notice of termination, In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services, In Ibis event, compensation for such partially completed services shall be no more than the percentage of completion d the services requested, at the sole .discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively,. at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided, The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. 22f_533 Agreement Page 6 of 8 Change in Funding In addition to the above terrnsnation provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor, The termination shall be effective on the date specified in the notice of termination. 17. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing. other available means of dispute resolution may be implemented. 18, Re -Award When the contract is terrnrnated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re -award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided. the City reserves the right to re -award the contract to the next most responsible Proposer within 120 days from original award. 19. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God. fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages. provided Contractor notifies the City immediately in writing of such pending or actual delay. Normallyµ in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 20, Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington, 22. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have been fully authorized by Contractor to execute this Contract on its behalf and to legally hind Contractor to all the terms, performances and provisions of this Contract. 23. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shalt be sufficient grounds for Contract termination, 24. Change or Notice Any alterations. including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties: no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing ,within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities ttf any subcontractor, The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. 22533 Aggreement. Page 7 of 8 x The City shall have the right to renege tiate the terms and condrtiosss raf #his Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City. €i,frr.rlstantiafly and unreasonably enlarges the Contractor's duties hereunder, or renders performance enforcement or compliance with the totality of the Contract impossible, patently unreasonable. or unnecessary., Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as fello its, TO CITY Christina Payer, CPPB Buyer II City of Yakima Purchasing 129 North 2"'' Street Yakima WA, 98901 25. Survival The foregoing sectio terms, 0 CONTRACTOR: Senske Services Joe Branch t,l lnr 2909 River Rd Yakima, WA 98902 Contract, 1.24 inclusive, shall survive the e):pir"ation or termination of this Contract in accordance IN WITNESS WHEREOF the parties heret Attest: day and year first above volritten, SENSKE SERVICES Date 4/2025 Joe Allis List of Exhibits attached to this contract CITY CONTRACT N Exhibit A - SpenfIC11.10n,S RESOLUTION NO Exhibit B - Contractor's Quota Fran 22533 Agreement Page 8 of 8 EXHIBIT A - SPECIFICATIONS NS (EXCLUDING ATTACHMENT 8 - SAMPLE AGREE ENT) City of Yakima NOTICE TO BIDDERS QUOTE 22533 Notice is hereby given by the undersigned that electronic sealed Quotes will be accepted via PublicPurchase.com, until the hour of 2:00:0D PM PDT on June 20, 2025. At such time, quotes received through Public Purchase will be opened by the Procurement Manager or their designee and witnessed by another staff member in Yakima City Hall, 129 N 2nd Street, Yakima WA 98901 for: Tree Trimming/Pruning and Removal Services for the City of Yakima Parks and Streets Divisions. Instructions to register with PublicPurchase.com are available www.yakimawa.gov/services/purchasing. The City of Yakima reserves the right to reject any & all Quotes. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated June 5, 2025 Christina Payer, CPPB Buyer II 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 1 of 27 CITY OF YAKIMA INVITATION TO QUOTE 22533 COVER SHEET THIS IS NOT AN ORDER QUOTE Release Date: June 5, 2025 Quote Receipt: Bidders must first register with PublicPurchase.com. Quote submittal shall be completely uploaded into PublicPurchase.com no later than the date and time listed below, Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Quotes will not be accepted or evaluated. If you try to submit a Quote late, the electronic system will not receive it. Quotes shall be firm for acceptance for ninety (90) days from the date of Quote opening, unless otherwise noted. Quote openings are not public. Purchasing For: City of Yakima Parks and Streets Divisions 2301 Fruitvale Blvd. Yakima, WA 98902 Buyer in charge of this procurement (Contact for further info Christina Payer, CPPB Buyer II _ation): Quotes Must be received by: June 20, 2025 - 2:00:00 PM PDT Phone E=Mail Address (509) 576-6696 Christina. payeri~'yakirrav+ra,gov PROJECT DESCRIPTION SUMMARY Tree Trimming/Pruning and Removal Services (as needed) Enter Prompt Payment discount: % net days I will begin work within days after receipt of order. Ei I hereby acknowledge receiving addendum(a) (use as many spaces as addenda received) In signing this Quote we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quotes to any other Bidder or competitor; that the above statement is accurate under penalty of perjury, We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote, Company Address Company Name Name of Authorized Company Representative (Type or Print) Ti Phone ( Fax Signature of Above Date Email Address 225+33 Tree Trimming/Pruning & Removal — Parks/Streets Page 2 of 27 L CONTENTS � i CONTENTS ----____ ------------------_--__-________-______________. U. GENERAL |NFOR[NAT|QN-_--....... ...... .... ___ ....... .................... ----........ -......... ----............ --5 1 Purpose ... ----.--..-~...... --........... ....... ___ ....... _--'--.--------.....-----o 2Contracting Agency and Point of Contact -..... 5 3. Bast Modern Pnycdona ---......... ___ ...... ___ ....... ----_........ --......... ------------5 5 4, Excepdons-----------------------------------------------� 5. More or Laeo..... ---...... ----........ --....... ........ ..... ... ...... ____ ........ ----5 5 8, Contract Temn--------'--.---------------____ ---.-.~----------� 7, Pricing and Discount .... -------------....... ..................... -........... --......... ------^'5 8 Price C|ahfioadons---------...... ...... ........ -...... ............. -........... -----~-...... G 9. Price |noreamms------------_....... -----........ ____ ....... -........ ----.............. _o 10. Expansion C|ousm--...... -----------....... -...... --................. -....... ...... ........... ----o 11, Pe7 mnh�.-.___-----~'^^^~----------'-------^-~^~~------^-^-~^^-` 12� Regulations and Codes ---........ ------~--........ ----_-.......... ___ .......... ~.---_- ' 7 13� Prompt Payment,_....._..._-------------------------------------' 14, Payments.7 ----------------------------------------------- 15 Payment k8ethod- Credit Card Acceptance_ -----....... ___ ............... -............. ....... ____ 7 16. Acceptance otTennn--... ---....... -.......... --____ --- ..................... -------.............. -- / ITSales ...... ........... ____ ......... ----....... -....... ---.............. ___ ......... ' 10. Tax Revenue7 s---------------.-----------~-~---------------- 19. Clarifications and/or Revisions hmSpecification and Requirements ------------------./ 21 Incurring Costs--- ..... ------------....... ... ...... .......... ----~-........... ......... o 21, No Obligation kaContrac ---------_-----------------------------_8 2Z Rmoanhmn of Rights. .... -...... ---------....... --...... .......... --...... ----........ ........ ...... _8 23. Points Not Addresmed-...... ----------------.......... ___ ....... ----------......... 0 24, Other City Departments/Like Items Added--- ......... ........ -------....... -................. ---B Q 25 Services Bought from D�erantSup�ier-------.--------------_---------. 2& Re -Award ------.-....... -_-------............. ---........ ____ ....... ___ ...... ....... ---'g 37, Errors and Omissions ..... .......... ----............ ......... ------....... -.... .... ----_----': 28, Changes .......... -----------------......... ___ ....... ___ ........ -................ ------~Q ||i QUOTE PREPARATION AND SUBMISSION,.... ---------------------_---_--_-----'g 1� General Instructions .... -........... ___ ................ ---............. --------........ --------�B 2, Submitting a Quote ..... ---------........ ----'------............ ___ ........ ...... --........ -u 3. Prohibition of Bidder Terms & Conditions ---............. --.............. ... -...... .................... --.... 8 4 Multiple Ouotes--... ----------........ -----........ ......... .................. -...... ---_. 10 6, Withdrawal of Quotes -----...... ---...... ____ .... ........... --------........... ----........ 1O K/, BIDDERS CHECKL|ST ------_----------------------------------------..1U \/ EVALUATION AND CONTRACT AWARD ... ..... ___ ....... ... -...... --........ -.-.......... -......... -........ - 10 1 Quote Evaluation ...... ...... ...... -...... -... ................................... ---------.......... -----1O 22533Trec Trimming/Pruning & Removal - Parks/Streets pmgm 3of%7 1O 2. Offer inEffect for Ninety (SQ)......... ---~~~-.......... ...... -.-.---'' 1O 3 Protest Prucedune-_-..-_..... -----_-.----_---.-----_-_-------..--- 4. Sample Contract and Terms and Conditions _-......... --_-....-~--_-.--_.-....... -~--11 11 V1. SCOPE OFWORK AND REOU|REK8ENTS.-_-........ --...... ....... ---~-----.~---........ --..--.. 11 1. Scope cfVVo�---..---_--_-_-----^~^_-_-----~~-------'^-------' 13 2� Technical .... 3. Equipment 5pomficmtiono/Roquinoments--.--...... .---_----------_--~~.----... 14 4� 14 Sa��y--'—.'~'.--------'^-------------'------'^-^--------~~--- 1� 5, DuebDebr�Cnn�o--_-----~_.--_----.-.^--_-----_~__._---_,~_._. G. Contractor's Use cfthe Premises ... ---.._--.----------_-------.-_-----..15 7, Traffic 16 Con�o-_-_-.._--------.---__-_--__,___,---________'___ 8. Mobilization and DmmdbiUzotion-.... -------_--_-------_......... ~---------1G 17 V1iQUOTE FORM_ --.----_.~-__------------_-'_--~~---`-----^^----------~~ ViU. BIDDER RESPONSIBILITY CRITERIA FORM .... '----._-.-...... -------_-------_-------19 |X. CERTIFICATION 0FCOMPLIANCE WITH WAGE PAYMENT STATUTES--_ .... ----------_-'--..21 X. CONTRACTOR REFERENCES 22 -_-_--...-_------.~~---_------._~_-----~.~------ ATTACHMENT A - DEBARMENT AND SUSPENSION ATTESTATION FORM --_-...... ....... --------.-.... 23 24 XTTACHyWENTB'SAMPLE CONTRACT---_--------_.---_.~-----------_-------.-_-. 22533Tree Trimming/Pruning & Removal -Parks/Streets Page 4of27 GENERAL INFORMATION Purpose It is the intent and purpose of these specifications to describe Tree Trimming/Pruning & Removal Services — As Needed in sufficient detail to secure quotes on comparable units, equipment parts and material. All parts which are necessary to provide a complete unit, ready for operation, shall be included in the quote and shall conform in strength, quality of workmanship and material to that which is usually provided by trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This Quote is issued by the City of Yakima Purchasing Division. The person responsible for managing this Quote process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this Quote until a Contract is issued, all contracts (pertaining to this solicitation) with City's employees, and other personnel performing official business for the City regarding this Quote shall be made through the Buyer listed on page 2, Contact with other City personnel regarding this Quote is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Quote and disqualification of the Bidder. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. 4. Exceptions Specifications of the equipment quote shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be listed on a separate sheet headed "'EXCEPTIONS TO THE SPECIFICATIONS". Any Quote submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exception will be considered that it may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. More or Less Quantities are estimated only and shall be quoted on a MORE OR LESS basis. For the purpose of comparison, quotes shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. Contract Term See section 3 of contractor Pricing and Discount Pricing: Pricing shall be prepared with the following terms.. The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/products and completing the work provided for in this Quote and every part thereof, except what are mentioned in the specifications to be furnished by the City of Yakima. Surcharges for fuel, delivery/hauling, hazardous material disposal, environmental fees or similar will not be allowed. Relevant charges for these items shall be included in the base quote price. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 5 of 27 All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDERS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE QUOTE PRICE. Requests for lower insurance limits will be denied. Prices established in continuing agreements and term agreements may be lowered due to general market conditions, but prices shall not be subject to increase for twelve (12) months from the date of the award. Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 8. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Quote or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the quote form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Quote evaluation and contract administration. 9. Price Increases Any proposed increase shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry wide. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of quote or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. Price requests are at the discretion of the Purchasing Manager, and in accordance with the rules below. a. Incurred after contract commencement date. b. Not producing a higher profit margin than that on the original contract. c. Clearly identify the items impacted by the increase. d. Be filed with the Buyer listed on page 2, a minimum of thirty (30) calendar days before the effective date of proposed increase. e. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. f. Should not deviate from the original contract pricing scheme/methodology. The increase, if approved, shall remain firm and fixed for 365 days after the effective date. If no increase is mutually agreed upon, the contractor may provide a notice to cancel as outlined in the contract under Section 17, Termination for Convenience. Surcharges for fuel, hazardous material disposal, or similar will not be allowed. 10. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 6 of 27 11. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 12. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, including EPA standards and City safety codes, 13. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoices. Please indicate your discount proposal on page 2 of this document, If awarded by the City, the period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 14. Payments The contractor shall submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To ensure prompt payment, each invoice should cite the purchase order number, quote number, description of item purchased, unit and total price, discount terms and including the Contractors name and return remittance address, Payment will be mailed within thirty (30) days of: • Receipt and acceptance of the equipment, • Properly completed invoice, • All papers required to be delivered with equipment. 15. Payment Method — Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 16. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 17. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%, However, the amount of sales tax considered in determining which quote is the lowest and best quote. not be 18. Tax Revenues RCW 39.30 04© allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determines which quote in the lowest quote, after the tax revenue has been considered. 19. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request 22533 Tree 'Trimming/Pruning & Removal — Parks/Streets Page 7 of 27 modification or clarification of the QUOTE document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the QUOTE document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the due date. If it becomes necessary to provide additional clarifying data or information, or to revise any part of this QUOTE, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have registered (per instructions on website) for updates to this QUOTE. If any requirements of the QUOTE are unacceptable to any prospective Bidder, they may choose not to submit a Quote. 20. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this QUOTE, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, facilitating site visits or any other activities related to responding to this QUOTE. 21. No Obligation to Contract This QUOTE does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this QUOTE in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Quotes that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all -or -none".) 22. Retention of Rights The City retains the right to accept or reject any or all Quotes or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. All Quotes become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Quote to City shall be the exclusive property of City and may be used by the City at its option. 23. Points Not Addressed Bidders are encouraged to list any po enhance the operation of their units. n not addressed in these specifications that they feel improve or 24. Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 25. Services Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier, the difference in the Quote price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Quote award for these products. The contractor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 8 of 27 • Inability to secure component materials • Acts of God • Fire Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 26. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re -award the contract to the next most responsible bidder within 120 days of the original award. 27. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in Bidder's proposal and to waive non -material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern, 28. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. QUOTE PREPARATION AND SUBMISSION General Instructions Failure to conform to the QUOTE specifications and respond to each of the submittal requirements may be the basis for rejection of a quote. Refer to Section IV Bidder's Checklist to ensure your Quote is responsive. Submitting a Quote Quotes shall be completely uploaded to Public Purchase.com no later than the date and time listed on Page 2 of this QUOTE. Late Quotes will not be accepted or evaluated. If you try to submit a Quote Late, the electronic system will not receive it, Bidders must submit their Quote electronically through PublicPurchase.com where they will be kept in an electronic Iockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing, The City is not responsible for late quotes due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any quotes. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances, Quotes are not considered to be confidential according to the Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after quote opening. Prohibition of Bidder Terms & Conditions A Bidder may not submit the Bidder's own contract terms and conditions in response to this Invitation to Quote. If a Quote contains such terms and conditions, the City, at its sole discretion, may determine the Quote to be a nonresponsive counteroffer, and the Quote may be rejected. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 9 of 27 Multiple Quotes Multiple Quotes from a Bidder will be permissible; however, each Quote must conform fully to the requirements for Quote submission. Each such Quote must be submitted separately and labeled as Quote #1, Quote #2, etc. on the first page of their response. Withdrawal of Quotes Bidders may withdraw or supplement their Quote at any time up to the quote closing date and time. If a previously submitted quote is withdrawn before the quote due date and time, the Bidder may submit another Quote at any time up to the quote closing date and time. After quote closing date and time, all submitted Quotes shall be irrevocable until contract award,. IV. BIDDERS CHECKLIST Bidder must complete and submit, as part of their Quote submittal, all required forms listed below in accordance with Section III — Quote Preparation and Submission. The list below may not be all inclusive. Be sure to READ the entire Quote document and include everything that is required. • Cover Sheet/Signature Page Page 2 • Quote Form Pages 17-18 • Bidder Responsibility Criteria Form Pages 19-20 • Certification of Compliance with Wage Payment Statutes Page 21 • Contractor References Page 22 • Debarment & Suspension Attestation Form Page 23 EVALUATION AND CONTRACT AWARD Quote Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Quote. Award will be made to a responsible Bidder with the lowest responsive Quote. Evaluation of Quotes and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety (90) Days A Quote may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Quote due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a quote. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be fled with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: rudy.silva@vakimawa.gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the QUOTE shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester, All available facts will be considered, and the Purchasing Manager shall issue a written decision. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 10 of 27 Step II. If unresolved, within three (3) business days after receipt of a written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III_ If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract, and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Quote Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point -by -point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner, VI. SCOPE OF WORK AND REQUIREMENTS Scope of Work The objective is to solicit quotes to provide the City of Yakima with tree trimming/pruning and removal services as directed by City. Quoted prices shall include total costs including obtaining necessary licenses and permits (local and/or state), mobilization, labor, tools and equipment necessary to safely complete the job, hauling off of any waste and cleanup of the sites. The City has approximately 350 acres of parkland, not including rights -of -way, and is seeking a Contractor to remove or maintain trees as needed within a set timeframe. This contract is intended for both anticipated and unanticipated projects as the needs for services arise. The primary purpose of this contract is to set up as needed tree removal services, pruning, stump removal, debris cleanup, or consulting may be requested depending on the circumstances. This contract will be divided into two categories: non -emergency conditions and emergency conditions. The City will state if the request is emergency or non -emergency when contacting the Contractor. In non -emergency conditions, the Contractor will respond to a work request with a quote within seven days, with the work to be completed on a mutually agreed upon date and time. For emergency 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 11 of 27 conditions, the City would prefer a 24-hour on-call/after-hours policy, During emergency conditions, the City would receive priority service from the Contractor. Parks or Streets division staff will contact the Contractor for requested tree services. The City may also use this contract for tree trimming and removal at city facilities, when outside the scope of landscape maintenance. This contract will not include power line clearance tree trimming. The City Division Supervisor or designee will contact the Contractor and request a quote for the work that is to be completed. The quote needs to be detailed and include the following information: • VVhen the Contractor can start the job • Number of days/hours to complete the job • Number of employees, including quoted price for each • Number of hours using each quoted piece of equipment TREE REMOVAL: Tree removal shall consist of the complete removal of all portions of the designated trees, with the exception of the stump. If removal of stump is requested, it shall be ground with a stump cutter to the depth of 6" below the existing ground surface. In most cases the City will backfill with topsoil, prep and seed. However, the City may request that the Contractor complete this service. The Contractor shall exercise all reasonable care to ensure that no property damage occurs to adjacent vegetation, structures or property. If necessary, trees shall be removed in sections to prevent any such damage. Any damage to structures, utility wires, property, or adjacent trees shall be repaired by the Contractor at his sole cost. It shall be the responsibility of the Contractor to notify any utility company whose overhead wires may be disturbed during the tree removal, The diameter of the trees to be removed shall be measured by caliper at a height of 4-1/2 feet above the ground. TREE TRIMMING/PRUNING: Tree trimming/pruning shall consist of dead, dying, diseased, interfering, objectionable and weak. branches on the main trunk and limbs inside the leaf area of the tree. All cuts shall be made sufficiently close to the parent stem to promote rapid healing under normal conditions. All limbs over 1" in diameter shall be pre-cut to prevent splitting. No stubs shall be left. WORK CREW: A work crew shall be made up of a minimum of two (2) personnel consisting of a foreman/crew leader,. climber, or grounds man. Each crew shall have its own truck with an aerial lift bucket as well as all saws and other incidental tools and signage required to complete the work. The work crew shall be completely knowledgeable in the techniques and use of equipment for safe and efficient tree removal and tree trimming/pruning services. PREVAILING WAGE AND RETAINAGE:. Any labor performed under this contract falls within the definition of public work under Revised Code of Washington (RCW) 39.04, and wages must be paid prevailing wage rates. In addition to the bonding requirements below, the City will require the successful contractor to foliow sections; 8 - Compliance with Law and 9 - Prevailing Wages, as outlined in the contract. BONDING REQUIREMENTS: Bid Bond: • Not required. Payment and Performance Bonds: • Payment and performance bonds are required for 100% of the contract amount, per RCW 39.08. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 12 of 27 g. For contracts up to $150,000, at the Contractor's request, the City may waive the payment and performance bonds and instead retain 10% of the contract, per RCW 39.08, for 30 days after the date of final acceptance, or until receipt of all necessary releases from the Department of Labor and Industries, the Department of Revenue, and the Employment Security Department. For contracts over $150,000, payment and performance bonds may not be waived. Technical Specifications t�. It is MANDATORY that all tree removal & trimming/pruning work shall be done in compliance with the latest revision of "The American National Standard Institute (ANSI) A300 Tree Care Standards - Tree, Shrub & Other Woody Plant Management - Standard Practices," A.N.S.I. A300, which is incorporated by this reference. b, Trimming/pruning shall be done in such a manner as to protect current tree health with all possible regard for future growth & development with particular attention paid to the following: No damage shall be done to the cambium layer. Loosening or stripping of the bark shall be avoided, • Cuts shall be made according to current standards as endorsed by the National Arborist Association. Climbing irons shall not be used on any tree unless the City has determined that the tree must be removed, c. Under normal conditions, an aerial lift, operator & crew shall be available on seventy-two (72) hour notice from the City Division Supervisor or designee. d. Under storm and/or emergency conditions (as determined by the City Division Supervisor or designee), an aerial lift, operator & crew shall be available on twenty-four (24) hour notice from the City Division Supervisor or designee. The Contractor shall provide the City Division Supervisor or designee with telephone number(s) at which the Contractor can be reached on a twenty-four (24) hour basis. The Contractor shall arrive at the designated worksite, ready to work, within two (2) hours of receiving notification. The Contractor shall give absolute preference to work requested by the City under storm/or emergency conditions. Under these conditions, emergency rates shall apply as listed on the quote form. Additionally, any callouts made between the hours of 6:00 p.m. & 6:00 a.m. shall be charged at emergency rates. e. The Contractor shall promptly remove all brush, twigs, sawdust, grind stumps, & similar material from each worksite & shall be transported to an accepted disposal area, at the Contractor's expense. The City Division Supervisor or designee has the right to modify or suspend any work assignment due to adverse weather conditions or any other reason at no cost to the City. The City reserves the right to contact & utilize additional service contractors at any time for any reason. h. The contractor shall warrant the Owner & guarantee the work under this contract against defective workmanship & materials for a period of one year commencing on the date of final acceptance of the work. i. Stump Removal. Stump & roots shall be removed below ground level to a minimum depth of six inches & then chemically treated to ensure no suckers grow within 12 months OR remove the entire trunk to where chemical treatment is not necessary. Remove all debris including wood chips. Immediately notify the City Division Supervisor so that staff can fill the hole with topsoil. Contractors will not be required to fill with clean topsoil & rake level. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 13 of 27 Equipment Specifications/Requirements The Contractor shall provide all labor, equipment, materials, & other supplies necessary to safely & effectively accomplish all services required under this Agreement. Such labor & equipment shall include, but not be limited to, the following: a. Truck -mounted fully insulated, fifty (50) foot minimum vertical reach aerial lift, equipped with all necessary outriggers & safety devices, Aerial lift must comply with American National Standards Institute (A.N.S,I.) Standard A92.2. b. Disc type brush chipper — (12) twelve inch minimum. c. Stump grinder of sufficient size to grind most stumps. The City will not pay extra for any broken teeth. Prices shall include teeth. d. Three chain saws that Contractor shall maintain in good & operable condition throughout the term of this Agreement. The chain saws shall be of sufficient size & design for the services required under this Agreement. e. Rope, climbing saddle, pole saws, & related equipment for use by the tree climber during all tree removal & trimming/pruning operations. Such equipment shall be maintained by the Contractor in good & operable condition throughout the term of this Agreement & shall be of sufficient size & design for the services required under this Agreement. f. Equipment must be owned or leased, so it is always available. It cannot be rented equipment. g. Personnel who are experienced & properly trained to safely & efficiently operate all the above equipment & perform all tree removal & trimming/pruning services in accordance with the standards required under this Agreement. Temporary employees are not allowed. 4. Safety a. Ensure that all tree removal & trimminglpruning services provided under this Agreement are performed safely & in accordance with all applicable federal, state, & local laws & regulations. Mandatory safety practices include the following: Upper booms & personnel baskets of aerial lifts must be fully always insulated. Electrically approved hard hats must be worn at each worksite. • Warning signs, traffic cones, flashing lights, etc., shall be utilized at each worksite. Aerial lift truck outriggers must be down whenever the aerial lift is in operation. • Chocks shall be properly placed to the front & back of the aerial lift truck whenever the aerial lift is going to be used. The outriggers shall not be substituted for use of the chocks. • Eye protection (i.e., safety goggles, face shield) shall be always worn at worksites. Safety belts must be worn & properly connected to the aerial lift by people using the aerial lift. Proper safety equipment shall be used during all stump grinding & chipping operations. b. Manufacturer's instructions: All materials & equipment shall be applied, installed, connected, erected, used, cleaned, & conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the contract documents. c. Public convenience & safety The Contractor must so conduct operations as to offer the least possible obstruction & inconvenience to the public & shall have under construction no greater length or amount of work than can be performed with due regard to the rights of the public. 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 14 of 27 The Contractor must provide & maintain such fences, barriers, directional signs, lights, & flag persons as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered because of the work & to give directions to the public. Any street break permits required are the responsibility of the Contractor. d, Protection of Existing Utilities Identification & location of all underground utilities are the responsibility of the Contractor. The Contractor shall: o Notify the Owner in writing, on each occasion, of the intent to work near underground utility services or structures. Submit proposed work "procedure for approval" to assure safe & continuous operation of the service. Proceed with sufficient caution to prevent damaging any known or unknown utilities. In the event unidentified utilities are encountered, the contractor must notify the Owner immediately. In the event utilities are damaged during construction, temporary services &/or repairs must be made immediately, at the Contractor's expense, to maintain continuity or services. e. Owner/Operators While it is understood that owner/operators are not required to follow the same safety rules administered by the Department of Labor & Industries, by submission of a quote, it shall be expressly understood that due care shall be always exercised to maintain a safe environment, Anytime an owner/operator hires an employee, the employee shall be required to follow all pertinent safety rules. Owner/operators are still required to maintain the proper certificates of insurance in full force & effect & the City of Yakima shall be held harmless of any liability whatsoever that could result from injuries, property damage, etc. f. The City Division Supervisor or designee may order that the Contractor stop working whenever any safety violation is observed &/or evidenced. The Contractor shall comply with the stop work order & shall not resume work until the safety violation is corrected to the satisfaction of the City Agent or his/her designee. The Contractor shall not be entitled to any compensation for time during the period of the stop work order. Identification & location of all underground utilities are the responsibility of the Contractor. The Contractor shall: • Proceed with sufficient caution to preclude damaging any utilities known or unknown. In the event unidentified utilities are encountered, the contractor must notify the Owner immediately. • In the event utilities are damaged during construction, temporary services &for repairs must be made immediately, at the Contractor's expense, to maintain the continuity of services. 5. Dust/Debris Control a. The contractor must take whatever steps, procedures or means as are required to prevent abnormal dust & debris conditions being caused by the operation in connection with the work. Dust control must be incidental to this project and in accordance with Clean Air Laws. b. All areas where personnel are, or will be present during work, shall be thoroughly cleaned of debris & garbage daily. Specific areas are adjacent buildings, walkways & parking areas. 6. Contractor's Use of the Premises Work included in this Section applies to situations in which the Contractor or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, & field engineers, enter upon the Owner's property. a, Truck & equipment access: 22533 Tree Trimming/Pruning & Removal — Parks/S ets Page 15 of 27 To avoid traffic conflict with the vehicles of the Owner's employees & customers & to avoid overloading of streets & driveways elsewhere on the Owner's property, limit the access of trucks & equipment to the route as approved by the Parks Operations Supervisor. Provide adequate protection for curbs & sidewalks over which trucks & equipment pass to reach the job site. b. Contractor's vehicles: • Require Contractor & employee's vehicles & all other vehicles entering upon the Owner's property in performance of the Work of the Contract, to use only the access route approved by the Owner. • Do not permit such vehicles to park on any street or other area of the Owner's property except in an area approved by the Owner. 7. Traffic Control The City will provide traffic control if needed, however in the event the City is unable to provide traffic control, the Contractor will be responsible. The Contractor will provide a Traffic Control Plan and obtain the appropriate permits before beginning work. The Contractor may dose non -arterial streets to thru traffic, if access for residents is always maintained with a minimum of a 20-foot-wide access lane. The Contractor shall coordinate all such non -arterial closures with the City. The Contractor shall also coordinate any closures and cooperate with the various businesses and/or residences adjacent to the project site, The Contractor shall be responsible for and provide flaggers, signs, detours and other traffic control devices necessary to perform the work in a manner to provide for the safety of the public, the Contractor's employees, City personnel, and to facilitate the movement of the traveling public in the street, sidewalk and other areas which are affected by the work. The Contractor may institute traffic restrictions on arterial streets subject to the approval and conditions of the City. On arterial streets, any requests for full closures or partial (lane) closures to facilitate tree removal shall be submitted to the City a minimum of 3 working days prior to the actual work. The City will review the Traffic Control Plan and/or Detour Route developed by the Contractor for the work. The Contractor is advised that traffic restrictions/closures on arterial streets shall generally be limited to the hours of 9:00 a.m. to 4:00 p.m. In some cases, further restrictions may be necessary. The Contractor shall be responsible for and provide flaggers, signs, detours and other traffic control devices necessary to perform the work in a manner to provide for the safety of the public, the Contractor's employees, City personnel, and to facilitate the movement of the traveling public in sidewalk, shoulder and pedestrian areas on arterial streets, The City requires all Traffic Control Plans (TCP) to be compliant with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). The City Traffic Engineer requires a TCP for all permits and reviews/approves them in accordance with MUTCD, When a city street needs to be closed a short term permit (less than 30 days) needs to be obtained, prior to project commencement. Refer to the City of Yakima Engineering webpage for information on how to obtain a Right of Way Use Permit: https:l/www.yakimawa.gov/services/engineering/raw-permit/ 8. Mobilization and Demobilization Mobilization shall be included in the base unit price for each work order and shall consist of preparatory work and operations performed by Contractor, including his personnel, equipment, supplies and incidentals to the project site. No separate measurement or payment will be made for costs associated with mobilization and demobilization. Job site arrival: The time the Contractor physically arrives at the job site and begins working is when time starts. 22533 Tree Trimming/Pruning & Removal o Parks/Streets Page 16 of 27 VII. QUOTE FORM INVITATION TO QUOTE NO. 22533 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLL©WING, THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Item No. Quote your lowest price for the following: Description Qty. Price Per Unit (without tax) SCHEDUL Trimming/Pruning and Tree Removal — Regular Rates TrimminglPruning/Removal Cost Per HOUR for a Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for TwoPerson Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost Per HOUR fo each Additional Crew Person Including Equipment Trimming/Pruning/Removal Cost Per DAY fo each Additional Crew Person Including Equipment Trimming/Pruning and Tree Removal — Emeretrttc Rates Trimming/Pruning/Removal Cost Per HOUR for a Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for a Two -Person Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost Per HOUR fo each Additional Crew Person Including Equipment Trimming/Pruning/Removal Cost Per DAY for each Additional Crew Person Including Equipment SCHEDULE 2 Stump Grinding Regular Rates Stump Grinding Cost Per HOUR for a Two - Person Crew Including Equipment 22533 Tree Trimming/Pruning & Removal ® Parks/Streets Page 17 of 27 Item No. 1©.. 11. Description Stump Grinding Cost Per DAY for a Two -Person Crew Including Equipment (based on 8-hour day) Stump Grinding Cost Per HOUR for Each Additional Crew Person Including Equipment Price Per Unit (without tax) 12. Stump Grinding Cost Per DAY for Each Additional Crew Person Including Equipment Outside City Boom Truck — Per Mile 14. Regular Truck — Per Mile SCHEDULE - Travel Rates (in and Schedule of Unit Prices. The following unit prices are to apply only in the event of additions or deletions from the work required and ordered as set forth in Section VI-7 Traffic Control. The bidder shall propose a price for each item; failure to propose a price for each may deem the quote to be non -responsive. The City reserves the right to accept or reflect the unit prices quoted. Item No. 15. Description SCHEDULE Traffic Control Traffic Control - Sidewalk Closure UIi Price Unit x) 1 hour 16. Traffic Control — Non -Arterial Street Closure 1 hour 17. Traffic Control — Arterial Street Partial Closure 1 hour Bidder Name: 22533 Tree Trimming/Pruning & Removal — Parks/Streets Page 18 of 27 V|U. BIDDER RESPONSIBILITY CRITERIA FORM BIDDER RESPONSIBILITY CRITERIA FORM It is the intent ofCity to award a contract to the low responsible bidder. Before ovvord, the bidder must meat the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have o current certificate of registration as a Contractor in compliance with chapter 18.27 RCVV, which must have been ineffect atthe time Vfquote subm|tta|� Controcbzr#: EffectiveOate� Expiration [Jabo' 2� Have acurrent Washington Unified Business Identifier (UB|)nurnber� UB| #� 3 If applicable-, a, Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, asrequired inTitle 51 RCVV Is account current? (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; # c. Have a Washington Department of Revenue sbshs excise tax registration nunxber, as required in Title 82RCW; # 4� Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.01 0 or 38.12.065(3). Is Contractor disqualified? (Yes/No) o. Until Oenennber31. 2013` not have violated more than one time the off -site, prnfabhuabad, non- standard, project specific items reporting requirements ofPCVV3S.D437O. Does Contractor have violations? (Yes/No) b. For public vvnrhs projects subject to the apprenticeship utilization requirements of F{CVV 39.04.320. not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of rotio, without appropriate mupen/isinn, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 40�04 RCVVfor the one-year period immediately preceding the first data of advertising for the project. |sContractor io compliance? _ _ (Yes/No) c Per FlCVV35kO4.35U and FlCVV39,UU.U2O. has the Contractor had Labor and Industries Training or are they exempt? Training Complete O Exempt El |sContractor lncompliance? _ (Yes/No)) 22533Tree Thmming&Removal -ParxolStreets Page 1ycf27 d. Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29,105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; d. An electrical Contractor license, if required by Chapter 19.28 RCW; e. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39,12.065 (3). 5, Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non- standard, project specific items reporting requirements of RCW 39.04,370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39,04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7 Per RCW 39.04,350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person authorized to certify information included in Bidder Responsibility Criteria Form: Signatu Printed Name, Title Date 22533 Tree Trimming & Removal — Parks/Streets Page 20 of 27 IX. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( ), that the bidder is not a "willful"° violator, as defined in RCVV 49.48.082, of any provision of chapters 49,46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, Bidder Signature of Authorized Official"" Printed Name Title Date City State Check One,: Individual 0 Partnership ❑ Joint Venture 0 Corporation LI State of Incorporation, or if not a corporation. State where business entity was formed: If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. 22533 Tree Trimming & Removal — Parks/Streets Page 21 of 27 X. CONTRACTOR REFERENCES Provide at least three (3) references for organizations with whom your company has provided similar services over the last three (3) years. Include a clear and concise description of the project. The Owner will determine which, if any, references are contacted to assess the quality of work performed. 1) Company Name Address (including Zip + 4) Contact Person Phone No. Email address Describe experience with reference: 2) Company Name Address (including Zip + 4) Contact Person Phone No. Email address Describe experience with reference: 3) Company Name Address (including Zip + 4) Contact Person Phone No. Email address Describe experience with reference: 22533 Tree Trimming & Removal - Parks/Streets Page 22 of 27 ATTACHMENT A - DEBARMENT AND SUSPENSION ATTESTATION FORM CITY OF YAKIM:A P'URCHAS J: 129 North 214 Street Yalkamar '"Alasning1On DEBARMENT AND SUSPENSION ATTESTATION 98901 1509i 575-6093 if this Contract qualifies as a covered transaction under federally funded grant requirements,„ the Contractor certifies compliance with the following; 1, Neither the Contractor, its principals yas defined n 2 CFR 1 0.'P95), no r its affiliates ias defined in 2 CFR 41&c0.905a are excluded or disqualified as specified in 2 CFR 51 .E and r31t�C.945- 2 The Contractor agrees to comply' with the requirements of 2.CFR, Part 1,80, Subpart C., as adopted, and supplemented by 2 CFR Part 20r2 jUniform- Administrative Requirements, Cost Pr±ntsiples, and Audit Requirements for Federal Awardsj, and further ensures that any lcsver- tier havered transactions entered into as :art of this Contract will include a requirement for compliance with these regulations. 3, The debarment and exclusion status of entities can be verified at https://www.sanr.gov. The Contractor hereby certifies that all information pin°»cfed in this attestatrt n ss'tru complete to the best of their knowledge and acknowledges that this representation upon which the City of Yakima relies.. The Contractor affinrs its commitment to remain an #uli compliance with the requirements of 2 CFR Part 180, Subpart 2, and all applicable federal regulat ns'throughout the duration of this Contract and to require compliance in all Bower -tier covered transactions, Furthermore, if it is discovered that the Contractor knowingly provided false certification, the City of Yakima and the Federal Government may pursue all available remedies, including, but not limited to, suspension or debarment. Signed this day of Contractor's Name Narcte and Title of Authorized Representeti n ure raf Authorized Representative 0 ; 095 "r-609 a pur 50g wak0r0wa &55 Cast Modyted: 11,7'X 8d�4 22533 Tree Trimming & Removal — Parks/Streets Page 23 of 27 ATTACH Excluded 22533 Tree Tri.mtring Removal - ar l treets ATTACHMENT C - SAMPLE INSURANCE T4ASEI C CERTIFICATE oOE RFi OW. THUS CERT REPREAPHTATIVE Oil 1d�O TAMT.ry It the cr4l-titr SU®RQti..AT e r WWII) +ta t..erlB kale 09:)46 CERTIFICATE OF LI.ABILIT INSURANCE A viATTER OF IRFOrRUATION CjNLY AalO C V4UAY OR NFOA'f.1Y�Ft-Y AMEND, EXTEND Ql LJR.ANCE DOE3 NOT C€,T!i'5TTr"rui'4 A CQA+TRAC 4Ci THE CLRTIMATE Pt)U)€ Al7©rTloolAL IM5,13KL7.i,. ¢17ar 0,14,4Y14, n i+4,,, ADORIONAL WM, sod C+9rMltflilM M Iir I +KV. �rtadrn Fxoiitxc+ may ?'t*rYu'r r m A ndQel.mN* nog :rwdaaa. r"3LVr .,i4Fwm rterSft4 holder t� Biro D'F such rani YrIW s***H4Y' Th e F:dT i Sa,.ING y.l ,440444,44 C tv t� Y ced,4 wY4 +^'mivi T, OotA 9 u 1k Its to - ._... C Ted JH,A7tii„.. t ,a. - m 4 r. ".�,", rAt gi.,k4RF 44, .'''TT T4 . TTL„Tx TT * SHOULD Misr OF THE AB(Y t Ci2i3CYiBEr'fii ArCS&J T i?P r`aNcLl,t SO IFF..fro. ME EJOIPIATION GA tit THERECi', NCrICC WILL SF f}F..t.'r!F, AKCOA ALE A+fi'Iv 74E ACAJCv 'Pa„,^k'4ts'Pi9 A Tlmo ACORO ro:iinnsa arm111A10 anti ravislrvrzrx. rsna 4w of ACORD 22533 Tree Trimming & Removal — Parks/Streets Page 25 of 27 POLICY NUMBER: COMMERCIAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The City of Yakima. its agents„ employees, authorized volunteers, elected and appointed officials are included as Priniary,lion-Contributory additional insured nforriatiors retired to A. Section II - Who Is An Insur include as an adcsit a" insured ortanization)sf shown in the S with respect to Lability 'forte damage" or "personal caused, in whale or in 1. Your acts or omis 2.. The acts or omissions behalf in the performance of your the additional insuredts) at mated above, CG20100704 22533 Tree Trimming & Removal - Parks/Streets }our atiions for s des,'ig- in tl Lieelar B. With respect to the insurance afforded to these additional insureds, the followwing additional exciu- ioris apply, is insurance does not apply to "bodily injury' or 'property damage' occurring after 1. AIY work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. That portion of "'ytaur work" out of which the injury or damage apses has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 Page 26 of 27 POLICY NUMBER:CA03000S4 `i7 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This en c rsement modifies -nsurance provided under the foliownrg: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY' COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS Name Of Personts) Or OrTlanazatt e required SCHEDULE ontract or agreement exec+ Inf The following Is added to Paragraph Rights Of Recovery Against Oth Section IV —Conditions: We waive any right of recovery aga or Organizationts) shown In Lrecause of payments we Part. Such waiver by us the insured has waived such persons er organtz erndorsenlent applies arty organization(s) shown in the Sc CG24041219 rEA to conipt,Ie this S hedu e. t Tr To ve. e not permitted by law -I. 2018 Page 1 of 1 22533 Tree Trimming & Removal — Parks/Streets Page 27 of 27 EXHIBIT B- CONTRACTOR'S U aTE SUBMITTAL CITY OF YAKIMA INVITATION TO QUOTE 22533 COVER SHEET THIS IS NOT AN ORDER QUOTE Release Bate June 5, 2025 Quote Receipt: Bidders must first register with PublicPurchase.com. Quote submittal shall be completely uploaded into PubiicPurchase,com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Quotes will not be accepted or evaluated. If you try to submit a Quote late, the electronic system will not receive it. Quotes shall be firm for acceptance for ninety (90) days from the date of Quote opening, unless otherwise noted. Quote openings are not public. Purchasing Frir, City of Yakima Parks and Streets Divisions 2301 Fruitvate Blvd, Yakima, WA 98902 Quotes Must be received by: June 20, 2025 - 2:00:00 PM PDT Buyer in charge of this procurement (Contact to a(ion)" Christina Payer, CPPB Buyer II Phone E Ma i Address (509) 576-6696 Christina. eayerRvakimawa.gov PROJECT DESCRIPTION SUMMARY Tree Trimming/Pruning and Removal Services (as needed) Enter Prompt Payment Discount. nete' days ❑ I hereby acknowledge receiving addendum(a ill begin work within days after receipt of order. (use as many spaces as addenda received) in signing this Quote we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote: that this Quote has been independent)arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quotes to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. p requiredby City of Yakima in this Invitation to Quote and all terms of our Quote_ We. w11 complywith a'I terms conditions and ecnc�ations ltreC� µn. ..�. m _ _...........��.__._.__.,, _......_ _.__.W_..��._.... Company Name Company Address Et3S Ve Na nre of Authorized Company Representative (Type or Print) 22533 Tree n ngfPruning & Removal — ParksIStree'ts Page 2 of 37 VII. QUOTE FORM INVITATION TO QUOTE NO, 22533 TO BIDDER:. PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS, Quote your lowest price for the following: SCHEDULE. Trimming/Pruning and Tree Removal — Regular Rates Trimming/Pruning/Removal Cost Per HOUR for a Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for a Two -Person Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost Per HOUR for each Additional Crew Person Including Equipment Trimming/Pruning/Removal Cost Per DAY for each Additional Crew Person Including Equipment Trimming/Pruning and Tree Removal Trimming/Pruning/Removal Cost Per HOUR for a Two -Person Crew Including Equipment Trimming/Pruning/Removal Cost Per DAY for a Two -Person Crew Including Equipment (based on an 8-hour workday) Trimming/Pruning/Removal Cost Per HOUR for each Additional Crew Person Including Equipment Trimming/Pruning/Removal Cost Per DAY for each Additional Crew Person Including Equipment Emergency Rates SCHEDULEr ..Uw. -- Stump .. Stump Grinding — Regular Rates Stump Grinding Cost Per HOUR for a Two - Person Crew Including Equipment 22533 Tree Trin^irning/Priming & Removal - Parks/Streets Page 17 of 37 Description Stump Grinding. _ - Cost. Per DAY for a Two -Person Crew Including Equipment based on 8-hour day Stump Grinding Cost. Per HOUR for Each Additional Crew Person Including Equipment Stump Grinding Cost Per DAY for Each Additional Crew Person Including Equipment Outside City Limits - Travel Rates (in addition to regular rates) Boom Truck - Per Mile Regular Truck -- Per Mile Schedule of Unit Prices. The following unit prices are to apply only in the event of additions or deletions from the work required and ordered as set forth in Section VI-7 Traffic Control, The bidder shall propose a price for each item; failure to propose a price for each may deem the quote to be non -responsive. The City reserves the right to accept or reflect the unit prices quoted. to No.. Description SCHEDULE 4 Traffic Contra Traffic Control - Sidewalk Closure Traffic Control - Non -Arterial Street Closure a . Traffic Control - Arterial Street Partial Closure Bidder Name: UOM Price Per Unit without tax 22533 Tree Trirr m ng/Pruning & Roval — Parks/Streets Page 18 of 37 VIII. BIDDER RESPONSIBILITY CRITERIA FORM BIDDER RESPONSIBILITY CRITERIA FORM It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder, The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal: Contractor #: ) Effective Date: J D3c' s i .1 x Expiration Date: 2. Have a current Washington Unified Business Identifier (UBI) number; UBI #: OC' ... ` (.. & 3. If applicable. a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # ( 6:6t;°0 4, ? 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39,06.010 or 39.12.065(3). Is Contractor disqualified? ° ,(Yes/No) a. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non- standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? t) (Yes/No) b. For public works projects subject to the apprenticeship utilization requirements of RCW 39,04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49,04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (Yes/No) Per RCW 39.04.350 and RCW 39.06,020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt [Z' Is Contractor in compliance? I ' _(Yes/No) 22533 Tree Trimming & Removal — Parks/Streets Page 19 o d, Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29,105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Subcontractor Responsibility The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties, The requirements of this section apply to all Subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 1827 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c„ A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; d. An electrical Contractor license, if required by Chapter 19.28 RCW; e. An elevator Contractor license,, if required by Chapter 70.87 RCW. 4, Has Contractor been disqualified from bidding on any public works contract under RCW 39,06.010 or 39,12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non- standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7 Per RCW 39,04.350 and RCW 39,06.020, has the Subcontractor had Labor and Industries Training or are they exempt? nature by person authorized to certify information included in Bidder Responsibility Criteria Form: Signe Printed Name, Ti Date 22533 Tree Trimming & Removal — ParkslStreets Page 20 of 37 IX, CERTIFICATION OF C ANCE WITH WAGE PAYMENT STATUTES Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period ediately preceding the quote solicitation date ( 1°! r 51, that the bidder is not a "willful" violator, as defined in RCW 49,48,082, of any provision of chapters 49,46, 49.48, or 49,52 RCW, as determined by a final and binding citation and notice of assessment issued by the department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder Signature of Authorized Offir Printed Name Title 2aZ ST Date State Check One, Individual CI Partnership IA Joint Venture U Corporations- State of Incorporation, or if not a corporation, State where business entity was formed: J t S i\ L If a co -partnership, give firm name under which business is transacted: If a corporation. proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign), If a co -partnership, proposal must be executed by a partner. 22533 Tree Trimrmng & Removal — Parks/Streets Page 21 of 37 X. CONTRACTOR REFERENCES Provide at least three (3) references for organizations with whom your company has provided similar services over the Fast three (3) years. include a clear and concise description of the project. The Owner will determine which, if any, references are contacted to assess the quality of work performed. 1) Company Name Address (including Zip + 4) Contact Person Email address Describe experience with reference: 2) Company Name Address (including Zip + 4) Contact Person -30eAr Email address Describe experience with reference: 3) Company Name Address (including Zip + 4) Contact Person Email address Describe experience with reference: 22533 Tree Trimmong & Rern vat _ Park.si'Streets .04K% eel ce Phone No. • Arls Phone No. Page 22 of 37 ATTACHMENT A - DEBARMENT AND SUSPENSION ATTESTATION FORM 1,e4 NJa rth 2''- trees Yak 'Tna, 'ittstr,ri;,tort , i?, 1 [E.0 :) 57f-6093 DEBARMENT AND SUSPENSION ATTESTATION if this Contract gu afifie, nsacttcn ender federally forded grant ,requirements, the et:raciCr Serb 1 Neither the Contracl.or, it prran:rpals la, defined lln ? a:FR PB) 995), nor its, affiliates (as defined 'n 2 CFR ;:.a4.-'C5l are a_ .cirdea+ r „;> ualifeo as specifies' r _ CFR § 5O ? .:rand ,182,9.35. 2 The ,ontras:on agrees to c©mpy with the requirements rif 2 CF Pear, Its0. Subc..arts c_, as ti.cfriled and u^plernented t 2 CFR Pal 2Ctr) 7U!niforrr Admlnistrative Requirements, Cost r'i <p°e , r t ^ it Regtrir rm,a +'t,5 Ev? Feder& Awards). and further ertae; that any ".<weri tier cover transact rsns ervte ",,e,�4 i x:ompliar+_e witfl there regulations 3 The debarment and e :-.snort status cif entt.es .an be verified at `tt cart of thilr Contracr t?trti„ a regr.:renwent for be Cisirisractsr hereby certf e: that all rnfarmaton provider' ;in this at'ter>tatron i ?rr ea ocasa`e, ac ©mp!ete to the hest of their krisurileidge. and 3c: nr:+rle.dse, that this re.pre.ertation in a material fact upon virh,ch the (.ri of Yakima relies. The Contractor affrrrfi� rt, the re• M,jiterrentt: cf n, CFR Part 110 Subpart. C, and acab federal ,r.:guiVc.ons thrcwrg.ncut the di rat=or of thus Contract and try re,q,.dre compliance in all Io.r-tier covered trap a,t:ons. Fu,lherrnore_ p it s ,scn„'a_r'e 3that to �t, ac+=_r .riekwxr�ly particle; fa°se sentifizatx+: n, the City cif Yn4inra and the Feder& iicv rnment may p<mrrs;re all available remedies, indrjding, b,rt not lirmted trirti., suspension or debarment. day df Contractor's Name Name and Title of Author Aprthorized Representative 0.... z.a:,x... f 5745 22533 Tree Trirraming & Removal — Parks/Streets Page 23 of 37 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No, 7.G. For Meeting of: August 4, 2025 Resolution authorizing multiple awards and agreements for Quote 22533 Tree Trimming and Removal Services for City Parks and Streets Divisions (General Fund/REET Fund) SUBMITTED BY: *Scott Schafer, Director of Public Works Christina Payer, Buyer II SUMMARY EXPLANATION: If awarded, the term quote will establish unit prices over the next five years. Services provided by the awarded contractors include tree trimming/pruning and removal services to be used by the City Public Works Department on an as needed basis, The City Purchasing Division published notice on June 5, 2025, on the city's webpage through PublicPurchase.com that Quote No. 22533 was open to receive competitive quote submittals. Quotes were due by June 20, 2025, 2:00:OOPM PDT and were electronically submitted through Public Purchase, Quotes that were received and deemed to be responsive are included on the attached quote tabulation. Multiple awards are recommended to ensure that the City receives the overall lowest pricing per schedule, Quote submittals received from Senske Services and Uribe°s Landscaping meet the needs, requirements and available budget of the City of Yakima Parks and Streets divisions for this solicitation. The approximate annual budget for these services is $100,000. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Quote 22533,docx Tab_22533_Tree_Trimming-Pruning_and_Removal_FINAL_cp_rs_ 22533 Agreement Senske,pdf 22533 Agreement Uribe's.pdf