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03/03/2026 07.D. Resolution - award agmt with Best Choice Inc dba Evergreen Svcs_city-wide landscaping svcs
!, !:::1;5 • •••:,"?..1 � F BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.D. For Meeting of: March 3, 2026 ITEM TITLE: Resolution authorizing award and agreement with Best Choice Inc dba Evergreen Services for city-wide landscaping services (Enterprise/General/Special Revenue) SUBMITTED BY: *Rudy Silva III, Purchasing Manager Christina Payer, Buyer II, Purchasing SUMMARY EXPLANATION: If awarded, the term contract will establish unit prices over the next five years for city-wide landscape maintenance services. Services provided under this contract include, but are not limited to: weekly lawn maintenance, lawn fertilization/weed control, lawn aeration, tree/shrub insect and disease control, tree/shrub trimming &weekly litter clean up. Purchasing staff completed a formal quote process and award was made to Best Choice Inc dba Evergreen Services. The approximate annual contract value of this award is $57,257. Services are primarily provided for Transit, Convention Center, Wastewater Division and the Police Department. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: 22601 Resolution.docx 22601 Agreement_Evergreen_Flnal.pdf Tab 22601 Landscape Maintenance_FINAL_RS.pdf 17 RESOLUTION NO. R-2026- A RESOLUTION authorizing award and agreement with Best Choice Inc dba Evergreen Services for city-wide landscaping services. (Enterprise/General/Special Revenue) WHEREAS, the City Purchasing Division published notice on January 5, 2026, on the city's webpage, through Public Purchase, that Quote No. 22601 was open to receive competitive quote submittals; and WHEREAS, quotes were due by January 20, 2026, 2:00:00PM PST. Timely quotes that were received via Public Purchase, the city's web-based e-procurement software system, were unencrypted and 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 Best Choice Inc dba Evergreen Services. After reviewing the approved recommendations of award and quote submittals, the Purchasing Manager signed his signature of approval on the attached quote tabulation, dated February 3, 2026; and WHEREAS, the quote submittal received from Best Choice Inc dba Evergreen Services meet the needs, requirements and available budget of the City of Yakima for these services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement with Best Choice Inc dba Evergreen Services. This is a potential five-year award, with an approximate annual value of$57,257. ADOPTED BY THE CITY COUNCIL this 3rd day of March 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 1 18 AGREEMENT CITY OF YAKIMA 22601 Landscape Maintenance THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Best Choice Incorporated dba Evergreen Services LLC, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement 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 22601 Landscape Maintenance Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA 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. 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 Assigns 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- 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. 22601 Landscape Maintenance—Citywide Page 1 of 8 19 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. c. 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. c. 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 Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 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. f. 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. 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. 22601 Landscape Maintenance—Citywide Page 2 of 8 20 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 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: https://Ini.wa.gov/licensing-permits/public-works-protects/prevailing-wage-rates. Based on the Quote submittal for this project, the applicable effective (start)date of this project for the purpose of determining prevailing wages is the Quote date, January 5, 2026. 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 49.60.400(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. 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 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 22601 Landscape Maintenance—Citywide Page 3 of 8 21 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. c. 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 in 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. 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: 22601 Landscape Maintenance—Citywide Page 4 of 8 22 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 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 person(s) 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. 22601 Landscape Maintenance—Citywide Page 5 of 8 23 15. Contract Documents This Contract, the Invitation to Quote 22601 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. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 16. Termination Termination for Cause 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; i. 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; 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 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. 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 22601 Landscape Maintenance—Citywide Page 6 of 8 24 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. 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: 22601 Landscape Maintenance—Citywide Page 7 of 8 25 TO CITY: TO CONTRACTOR: Christina Payer, CPPB Best Choice Incorporated Buyer II dba Evergreen Services LLC City of Yakima PO Box 973 129 North 2nd Street Sunnyside, WA 98944 Yakima WA, 98901 25. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. BEST CHOICE INCORPORATED CITY OF YAKIMA Dba Evergreen Services LLC By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A-Specifications Exhibit B-Contractor's Quote Form 22601 Landscape Maintenance—Citywide Page 8 of 8 26 Exhibit A - Specifications 27 City of Yakima NOTICE TO BIDDERS QUOTE 22601 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 PST on January 20 2026 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: Landscape Maintenance - Citywide 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 January 5, 2026 Christina Payer, CPPB Buyer II 22601 Landscape Maintenance—Citywide Page 1 of 31 28 �ic ^ CITY OF YAKIMA �k >? INVITATION TO QUOTE 22601 �` � ` ` COVER SHEET THIS IS NOT AN ORDER QUOTE Release Date:January 5, 2026 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: Buyer in charge of this procurement(Contact for further information): City of Yakima Citywide Departments Christina Payer, CPPB 129 N 2nd Street Buyer II Yakima, WA 98901 Quotes Must be completely uploaded by: Phone E-Mail Address January 20, 2026, at 2:00:0o PM PST (509) 576-6696 Christina.payer@yakimawa.gov PROJECT DESCRIPTION SUMMARY Landscape Maintenance Enter Prompt Payment Discount: % net days We/I will begin work within days after receipt of services requested. ❑ 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 Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( ) Fax ( ) Signature of Above Date Email Address 22601 Landscape Maintenance—Citywide Page 2 of 31 29 CONTENTS I. CONTENTS 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. Best Modern Practices 5 4. Exceptions 5 5. More or Less 5 6. Project Start Date 5 7. Contract Term 5 8. Pricing and Discount 5 9. Price Clarifications 6 10. Price Increases 6 11. Expansion Clause 7 12. Permits 7 13. Regulations and Codes 7 14. Prompt Payment 7 15. Payments 7 16. Payment Method -Credit Card Acceptance 8 17. Acceptance of Terms 8 18. Sales Tax 8 19. Tax Revenues 8 20. Clarifications and/or Revisions to Specification and Requirements 8 21. Incurring Costs 9 22. No Obligation to Contract 9 23. Retention of Rights 9 24. Points Not Addressed 9 25. Other City Departments/Like Items Added 9 26. Services Bought from a Different Contractor 9 27. Re-Award 10 28. Errors and Omissions 10 29. Changes 10 30. Mobilization and Demobilization 10 31. Consideration 10 III. QUOTE PREPARATION AND SUBMISSION 10 1. General Instructions 10 2. Submitting a Quote 10 3. Prohibition of Bidder Terms &Conditions 11 22601 Landscape Maintenance-Citywide Page 3 of 31 30 4. Multiple Quotes 11 5. Withdrawal of Quotes 11 IV. BIDDERS CHECKLIST 11 V. EVALUATION AND CONTRACT AWARD 11 1. Quote Evaluation 11 2. Offer in Effect for Ninety (90) Days 11 3. Protest Procedure 11 4. Sample Contract and Terms and Conditions 12 VI. SCOPE OF WORK AND REQUIREMENTS 13 1. Scope of Work 13 2. Requirements 13 VII. QUOTE FORM 15 VIII. BIDDER RESPONSIBILITY CRITERIA FORM 20 IX. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES 22 X. CONTRACTOR REFERENCES 23 ATTACHMENT A—AERIAL SHOTS (Schedules I —VII) 24 ATTACHMENT B - DEBARMENT AND SUSPENSION ATTESTATION FORM 27 ATTACHMENT C -SAMPLE CONTRACT 28 ATTACHMENT D —SAMPLE INSURANCE 29 22601 Landscape Maintenance—Citywide Page 4 of 31 31 II. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Landscape Maintenance for various city departments 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 the 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 contact (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. 3. 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 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 may tend to devalue the service or give an individual bidder who is offering a lesser item a distinct advantage. 5. 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. Project Start Date Each bidder is required to list on the Quote form the number of calendar days they expect work to start upon receipt of notice of service requested. In terms of time interval, following placement of order. Time of project start date is important and will be considered in the evaluation of the Quotes. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Quote. 7. Contract Term See section 3 of contract. 8. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. 22601 Landscape Maintenance—Citywide Page 5 of 31 32 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. All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDER 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. 9. 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. 10. 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: 1) The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). 2) Incurred after contract commencement date. 3) Not producing a higher profit margin than that on the original contract. 4) Clearly identify the items impacted by the increase. 5) Be filed with the Buyer listed on page 2, a minimum of thirty (30) calendar days before the effective date of proposed increase. 6) Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. 22601 Landscape Maintenance—Citywide Page 6 of 31 33 7) Should not deviate from the original contract pricing scheme/methodology. Pricing and discounts shown on Quote shall be consistently applied and remain firm throughout the first twelve (12) months of the contract. If requested by the Contractor in writing thirty (30) days before the anniversary date of each year of the contract, the City will consider increasing the Contractor's rates per the Seattle-Tacoma-Bellevue Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-VV) for the previous twelve months. The CPI Calculator is available at: https://beta.bls.gov/dataViewer/view/timeseries/CWURS49DSA0 . The City, in its sole discretion, will decide whether to approve or deny the rate increase request or any part thereof within thirty (30) days of receipt of the request. If approved, an increase shall take effect thirty (30) days after approval. 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. 11. 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. 12. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 13. 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. 14. 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 15. Payments The contractor shall submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. The following City departments shall have a separate account and only receive invoices for their location: 1. Transit Transfer Center— 105 S 4th Street, Yakima WA, 98901 2. Yakima Convention Center— 10 N 8th Street, Yakima WA, 98901 3. Visitor's Information Center— 101 N Fair, Yakima WA, 98901 4. Waste Water Collections —204 W Pine Street, Yakima WA, 98903 5. Waste Water Treatment Plant—2220 E Viola, Yakima WA, 98901 6. Yakima Police Department—200 S 3rd Street, Yakima WA, 98901 22601 Landscape Maintenance—Citywide Page 7 of 31 34 A total of three locations, including the following: O 207 E Spruce Street, Yakima WA & o Employee secured parking lot—corner of S 3rd Street and E Spruce Street, Yakima WA When feasible, invoices shall be sent from the Contractor's local office. Charges shall be broken out monthly. Any additional service charges must be pre-approved by the City's contact person and billed separately, or they will not be processed for payment. To ensure prompt payment each invoice should cite purchase order number, Quote number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of: • Receipt and acceptance of services, • Properly completed invoice, • All required paperwork. 16. 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. 17. 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. 18. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in determining which Quote is the lowest and best Quote. 19. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by the 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. 20. 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 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 submittal due date. In the event that 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. 22601 Landscape Maintenance—Citywide Page 8 of 31 35 If any requirements of the QUOTE are unacceptable to any prospective Bidder, they may choose not to submit a Quote. 21. 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, in facilitating site visits or any other activities related to responding to this QUOTE. 22. 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".) 23. Retention of Rights The City retains the right to accept or reject any or all Quotes or accept any presented which meet or exceed 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. 24. 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. 25. 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. 26. Services Bought from a Different Contractor 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 • 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. 22601 Landscape Maintenance—Citywide Page 9 of 31 36 27. 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. 28. 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. 29. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, the Buyer 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. 30. 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. 31. Consideration The City agrees to compensate the Contractor with the rates listed on the Quote Form for all landscape maintenance services included in Schedules 1-VII. There shall be no travel time added to the invoices. Time charged shall be from the time Contractor arrives at the work site. Estimates and meetings with the owner shall also be included. III. QUOTE PREPARATION AND SUBMISSION 1. 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 into 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.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasinq. 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. 22601 Landscape Maintenance—Citywide Page 10 of 31 37 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. 3. 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. 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. 5. 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 the quote closing date and time, all submitted Quotes shall be irrevocable until contract award. 'v BIDDERS CHECKLIST Bidder must complete and upload, 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 15-19 • Bidder Responsibility Criteria Form Pages 20-21 • Certification of Compliance with Wage Statutes Page 22 • Contractor References Page 23 • Debarment & Suspension Attestation Form Page 27 EVALUATION AND CONTRACT AWARD 1. 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 service availability, parts availability, equipment 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. 3. 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 22601 Landscape Maintenance—Citywide Page 11 of 31 38 St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: rudy.silva©yakimawa.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 in an attempt 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. 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 these 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. 22601 Landscape Maintenance—Citywide Page 12 of 31 39 VI„ SCOPE OF WORK AND REQUIREMENTS 1. Scope of Work The Contractor shall provide various City departments with landscape maintenance services as directed by the Agent for the City or his/her designee. The work under this Contract shall include the furnishing of all labor, materials and equipment necessary for or incidental to landscape maintenance located as indicated in these specifications and the completion of all work indicated in the Contract Documents. The City of Yakima in its entirety shall be covered under this contract. In addition to all other terms and conditions of this Agreement, all landscape maintenance services shall be performed in accordance with the following requirements. Tree trimming will include only those trees that can be reached with a 6' ladder. Any trimming required above that height will not fall under the scope of this contract. 2. Requirements a. Workmanship - Where not more specifically described in these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved. All work shall be executed by personnel skilled in their respective lines of work. b. A.N.S.I. A300 - It is MANDATORY that all trimming/pruning work shall be done in compliance with the "American National Standard for Tree Care Operations — Tree, Shrub & Other Woody Plant Maintenance—Standard Practices," A.N.S.I. A300—2008, which is incorporated by this reference. c. Sprinkler Maintenance & Repair-Service is to include maintenance of system(s) on a monthly basis and inspection for any problems. The monthly price Quote for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, and fall system blow-out and shut down/winterization. Any labor required to repair the system(s) must be pre-approved by the City and will be billed separately on a time and materials basis. d. Protection of Existing Utilities - Identification and location of all underground utilities are the responsibility of the Contractor. The Contractor shall: • "Call Before You Dig" Law: Contact utility company. • 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 and continuous operation of the services. • 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 and/or repairs must be made immediately, at the Contractor's expense, to maintain continuity of services. e. Waste Materials - All refuse and waste material must be disposed of by the Contractor off the Owner's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from buildings, roads, etc. f. Manufacturer's Instructions - All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the contract documents. g. Public Convenience and Safety 22601 Landscape Maintenance—Citywide Page 13 of 31 40 • The Contractor must so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be performed with due regard to the rights of the public. • The Contractor must provide and maintain such fences, barriers, directional signs, lights, and flag persons as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. h. Dust/Debris Control • The Contractor must take whatever steps, procedures or means as are required to prevent abnormal dust and 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. • All areas where personnel are, or will be present during the course of work, shall be thoroughly cleaned of debris and garbage daily. Specific areas are adjacent buildings, walkways and parking areas. i. Service Documentation - At time of each service, a written report on Contractor's standard form shall be completed. The Contractor shall provide a copy to the Department upon completion of service and maintain one copy. The form shall include date, start time, stop time, work performed, total material used and employees' name. j. Warranty of Work - The contractor shall warrant the Owner and guarantee the work under this contract against defective workmanship and materials for a period of one year commencing on the date of final acceptance of the work. k. Upon award, the contractor will provide a list of products (chemicals) and *SDS sheets proposed to be used throughout the term of the contract, for pre-approval by the City. If there are any changes during the term of the contract, a new *SDS sheet shall be provided and the City notified prior to use. 22601 Landscape Maintenance—Citywide Page 14 of 31 41 VII. QUOTE FORM INVITATION TO QUOTE NO. 22601 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 QUOTE. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Tree trimming will only include trees that can be reached with a 6' ladder. Any trimming required above that height will not fall under the scope of this contract. Quote your lowest price for the following: Item Description Qty. Price Per Unit Total Price No. (without tax) SCHEDULE I -TRANSIT TRANSFER CENTER, 105 S 4th Street: Contact Person: Israel Benavidez,Transit Field Operations Supervisor(509)731-9110. 1. Weekly Lawn Maintenance. Mow, trim, edge, and then blow debris off sidewalks, 34 times per season. First mowing on March 15th, last mowing on November 15th. (Dates are 34 $ Approximate). 2. Lawn Fertilizer/Weed Control. 5 applications per season to 5 keep the lawn green, healthy, and weed free. 3. Lawn Aeration. 1 time per season. 1 $ 4. Tree/Shrub Insect and Disease Control. 4 applications throughout the season. 4 $ $ 5. Deep Root Feed Fertilizer. 1 aeration per season on all trees and shrubs. 1 $ $ 6. Tree/Shrub Trimming. Trim trees and shrubs 4 times 4 throughout the season. $ $ 7. Weekly Litter Clean up. Remove debris on a weekly basis (34 times per season) on the lawn, walkways and shrub beds. 34 Monday is preferred. 8. Sprinkler System Maintenance. Maintain sprinkler system on a 9 $ $ monthly basis and inspect for any problems. The monthly price (maint.per month) bid for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, and fall system blow-out and 1 $ shut down/winterization. Any additional blow-outs at the (Add'I blow-outs) request of department staff will be charged separately. Any repairs or additions are to be completed at the request of 1 (repairs per man hr) the owner on a materials and labor basis. Labor is to be billed separately per man hour. 9. Planting Beds. Planting, weeding, fertilizing, and mulching as 2 $ $ needed to maintain pleasant, attractive appearance. Plantings (per planting) 22601 Landscape Maintenance—Citywide Page 15 of 31 42 Item Description Qty. Price Per Unit Total Price No. (without tax) to include a combination of petunias, snap dragons, lobelia & $ $ marigolds. Ten (10) flats, or more, of flowers, shall be included (per fertilizing) in each planting. Beds may need planting more than once during the season. Beds will need to be cleared of all 1 $ $ vegetation at the end of the season, or by November 15th of (per mulching) each year. 1 $ $ (weeding per man hr) 10. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule I: $ SCHEDULE II—YAKIMA CONVENTION CENTER, 10 N 8th Street: Contact Person: Sam Dobbs, Director of Operations,(509)-833-7155. Service aocumentation is required for all services This location includes all areas around the center, the islands located within the large parking lot to the east of the building, including the strip east of the chamber of commerce across from Howard Johnson. It also includes the islands within the parking lots to the north of the Center. It does not include the landscaping immediately surrounding the Chamber of Commerce building. Please see attached aerial photograph on page 24. Weekly Lawn Maintenance. Mow, trim, edge, and blow debris 11. off sidewalks approximately 25 times per season (May — 30 $ $ October). 12. Lawn Fertilizer/Weed Control. 3 applications per season to 4 $ $ keep lawn green, healthy, and weed free. 13. Tree/Shrub Insect and Disease Control. 2 applications 2 $ $ throughout the season. Sprinkler System Maintenance. Maintain four (4) separate 2 $ $ sprinkler systems and four (4) separate control boxes 2 times (per inspection) per season and inspect for any problems. The monthly price bid for maintenance shall include spring start up, checking 1 $ each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, and fall (Add'I blow outs) 14. system blow-out and shut down/winterization. Any additional blow-outs at the request of department staff will be charged separately. Any repairs or additions are to be completed at the request of 1 $ the owner on a materials and labor basis. Labor is to be billed (repairs per man hr) separately per man hour. 15. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule II: $ 22601 Landscape Maintenance—Citywide Page 16 of 31 43 Item Description Qty. Price Per Unit Total Price No. (without tax) SCHEDULE III—VISITOR'S INFORMATION CENTER, 101 N Fair Ave Contact Person: Sam Dobbs, Director of Operations,(509)833-7155. aired for all services fine. Weekly Lawn Maintenance. Mow, trim, edge, and blow debris 16. off sidewalks approximately 25 times per season (May — 30 $ $ October). Sprinkler System Maintenance. Maintain sprinkler system 2 2 $ $ times per season and inspect for any problems. The monthly (per inspection) price bid for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, and fall 1 $ 17, system blow-out and shut down/winterization. Any additional (Add'I blow-outs) blow-outs at the request of department staff will be charged separately. Any repairs or additions are to be completed at the request of 1 $ the owner on a materials and labor basis. Labor is to be billed (repairs per man hr) separately per man hour. 18. Lawn fertilizer and broadleaf weed control. 2 times per year. 2 $ $ (each) 19. Tree and shrub spray. 1 application of insect control for 1 $ $ landscape plants per year. (each) 20. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule III: SCHEDULE IV—Wastewater Collections,204 W Pine Street: Contact Person: Marc Cawley,Wastewater Operations Superintendent, (509)249-6854. rrvice documentation is required for Lawn maintenance: Mowing, edging, trimming, blowing-off 21. sidewalks and removal of grass clippings on a weekly basis. 32 $ $ Approximately 32 times throughout the spring, summer and 22. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule IV: $ SCHEDULE V—Wastewater Treatment Plant, 2220 E Viola: Contact Person: Marc Cawley,Wastewater Operations Superintendent, (509)249-6854. irvice documentation is required for Weekly Lawn Maintenance: Mow, trim, edge & blow debris off 23. sidewalk — Using recycling mowing equipment. — 3e 32 $ $ Attachment A, Page L5,tor additional quote information. 22601 Landscape Maintenance—Citywide Page 17 of 31 44 Item Description Qty. Price Per Unit Total Price No. (without tax) Weekly Lawn Maintenance: Weekly mow, trim, edge & blow 24. debris off sidewalk - Using bagging equipment. - Set 32 $ $ Attachment A, Page 25,for additional quote information. 25. Shrub bed weed control. Treatment every other month; April- 3 $ $ October. 26. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule V: $ SCHEDULE VI-Yakima Police Department(YPD), 200 S 3rd Street: Contact Person: Martin Cueva-Ramirez, Building Superintendent, (509)576-6702. .v.- ,... :station is required for all Lawn maintenance. Mowing, edging, trimming, blowing-off 27. sidewalks and removal of grass clippings on a weekly basis. TO 32 $ $ BE DONE ON MONDAY'S. Approximately 32 times throughout (per week) the spring, summer and fall. 28. Shrub bed weed control. An annual program of 6 applications 6 $ $ to control weeds in shrub beds. (each) 29. Lawn fertilizer and broadleaf weed control. 3 times per year. 3 $ $ (each) 30. Tree and shrub spray. 2 applications of insect control for 2 $ $ landscape plants per year. (each) 31. Deep root feeding fertilizer. for arborvitae bordering parking 1 $ $ areas, 1 time per year. (each) 32. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule VI: $ SCHEDULE VII-Yakima Police Department(YPD), 207 E Spruce: Contact Person: Martin Cueva-Ramirez, Building Superintendent, (509)576-6702. Jervvice aocumentation is required for all Lawn maintenance. Mowing, edging, trimming, blowing-off 33. sidewalks and removal of grass clippings on a weekly basis. TO 32 BE DONE ON MONDAY'S. Approximately 32 times throughout $ $ the spring, summer and fall. (per week) Weekly Litter Clean up. Remove debris on a weekly basis (32 34. times per season) on the lawn, walkways and shrub beds. TO 32 $ $ BE DONE ON MONDAY'S. (per week) 35. Lawn Fertilizer/Weed Control. 3 applications per season to 3 keep the lawn green, healthy, and weed free. $ $ 36. Tree and shrub spray. 2 applications of insect control for 2 $ landscape plants per year. (each) $ 22601 Landscape Maintenance-Citywide Page 18 of 31 45 Item Description Qty. Price Per Unit Total Price No. (without tax) 37. Shrub bed weed control. An annual program of 6 applications 6 $ to control weeds in shrub beds. $ (each) 38. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule VII: $ SCHEDULE VIII—Yakima Police Department(YPD), Employee Secured Parking Lot Corner of S 3rd Street& E Spruce Street- Contact Person: Martin Cueva-Ramirez, Building Superintendent, (509)576-6702. Lawn maintenance. Mowing, edging, trimming, blowing-off 39. sidewalks and removal of grass clippings on a weekly basis. TO 32 BE DONE ON MONDAY'S. Approximately 32 times throughout $ $ the spring, summer and fall. (per week) Weekly Litter Clean up. Remove debris on a weekly basis (32 40. times per season) on the lawn, walkways and shrub beds. TO 32 $ $ BE DONE ON MONDAY'S. (per week) 41. Lawn Fertilizer/Weed Control. 3 applications per season to 3 keep the lawn green, healthy, and weed free. $ $ 42. Tree and shrub spray. 2 applications of insect control for 2 $ landscape plants per year. $ (each) 43. Shrub bed weed control. An annual program of 6 applications 6 $ to control weeds in shrub beds. $ (each) 44. Other Work. Other labor as requested, to be billed per man 1 $ hour. (per man hour) Total Schedule VIII: $ List discount offered off list price for any other services not specifically listed: % WA STATE SALES TAX—Destination Based @ 8.3% Bidder Name: 22601 Landscape Maintenance—Citywide Page 19 of 31 46 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 the 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#: 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? (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 ❑ Is Contractor in compliance? (Yes/No) 22601 Landscape Maintenance—Citywide Page 20 of 31 47 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). 3. 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: Signature Printed Name, Title Date 22601 Landscape Maintenance—Citywide Page 21 of 31 48 IX. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES ti 1'4 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 0 Joint Venture 0 Corporation 0 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. 22601 Landscape Maintenance—Citywide Page 22 of 31 49 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: 22601 Landscape Maintenance—Citywide Page 23 of 31 50 ATTACHMENT A —AERIAL SHOTS (Schedules I —VII) Aerial shots are included for reference purposes only. Bidders are responsible for physically viewing each site, if necessary, to submit accurate quote pricing. Schedule I — Transit Transfer Center Schedule II —Yakima Convention 105 S 4th Street, Yakima WA 10 N 8th Street, Yakima WA .gip + : ,ice t 1 , I 4. .vt_ _ . _ - i ' 4, i _ ,_ p I q- Oiq .1 `` • l r ,1 ; . 1 , -- I 4-''A__� I i 1 1 # r irt A, I ©_ .v. 4,_,.. ! 1 ^. I .fg . . 90 �f r w "� Schedule III —Visitor's Information Center— 101 N Fair, Yakima WA t. ottp,. At 10 m4:111 141„ 1..„..m, illirillatit -, i Tit • 4_?:., . 114/11111:41ker , -11 !.V,. ,y7.1 li Schedule IV —Wastewater Collections — 204 W Pine, Yakima WA t ,fir ipimile t rail . 4174101t. /- ‘,4J 1 tPV 1. f Ifs` i , _ l ., , - Alko- ,__ , 22601 Landscape Maintenance—Citywide Page 24 of 31 51 Schedule V —Wastewater Treatment Plant— 2220 E Viola, Yakima WA • 2 5 „i! g, `<Mr- & l 0 - • ' cl.`' 0 -- . ---''' T V (7 a J a,.:ui �� '- .'* li ' ' - LA * � r_e I _ ..: j-..T..I., .. --1_W-a-,- • 7%4:-,., ` 7 3 .' _ E -.. 1_-4*t_,-.,. ( , 18Ak,'-C.41 0,4 1 1111,i e, , 1_;r;,_,-.:.'':.-'r—i__' r 1 f 1 ,T f• l` m--..- o-.-,i)t.—.. Y ly������ � �, L �. _:A.?,r1. EEI[ , r I_ , t , i , '�`` 1 _ i Yam- \`Z i , .., The current contract includes a separate price for: • Cost for mowing of 1.9 acres of lawn using recycling mowing equipment, and; • Cost per service if bagging equipment is required. a If well maintained bagging should only be required in the fall. All grass areas, 1-14 labeled with a yellow pin, in the aerial picture above are included in this quote. A separate quote for lines 21 and 22 is required. The goal here is to get a price for whichever service above is being used. It will be one or the other. 22601 Landscape Maintenance—Citywide Page 25 of 31 52 Schedule VI -Yakima Police Department Schedule VII -Yakima Police Department 200 S 3rd Street, Yakima WA 207 E Spruce Street, Yakima WA VIA - ` 1i1 - if if iirba;mshib•inio /14 Ml� _ i • rirait...i _ 0 Illm Yakima Municipal Court ,." [ cal) 4 ) , 4 t 11 . li .---. 7 [- 11 ii_1 11 C '') r--- 1 LI c_17) .L, t .. ,_. , . 0 -7 , . _a ill fa r i ti * •l tr i ii 7: !t` _ i * SCHEDULE VIII -YAKIMA POLICE DEPARTMENT- SECURED EMPLOYEE PARKING LOT Corner of S 3rd Street & E Spruce Street, Yakima WA Ic:s,,,„1st,ar, 41 INP' - ..- ft.._ ip • tip, ' 41117:-!'lel tt:6-1. `'" Secured Lot , 1 ta , M -'M 7 _iri •'L i 1 .1111111.344A i, ,,„, 22601 Landscape Maintenance—Citywide Page 26 of 31 53 ATTACHMENT B - DEBARMENT AND SUSPENSION ATTESTATION FORM CITY OF YAKIMA PURCHASING DIVISION 129 North 2'a Street Yakima,Washington 98901 (509)575-6093 DEBARMENT AND SUSPENSION ATTESTATION 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(as defined in 2 CFR§180.995),nor its affiliates(as defined in 2 CFR§180.905)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 lower- tier covered transactions entered into as part 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.sam-gov- The Contractor hereby certifies that all information provided in 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 affirms its commitment to remain in full compliance with the requirements of 2 CFR Part 180,Subpart C,and all applicable federal regulations throughout the duration of this Contract and to require cornpiiance in all lower-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 Name and Title of Authorized Representative Si nature of Authorized Representative 0 15091 57 5-6093 F(5091 576-6394 E purch@yakimawa.gov w www.yakimawa.gaviservices.+purchasing Last Modified: 22601 Landscape Maintenance—Citywide Page 27 of 31 54 ATTACHMENT C - SAMPLE CONTRACT EXCLUDED 22601 Landscape Maintenance—Citywide Page 28 of 31 55 ATTACHMENT D — SAMPLE INSURANCE ,iWRD' CERTIFICATE OF LIABILITY INSURANCE I MITI T CURRENT DATE `� I THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONO.Y AND CONFESS NG RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATTVEIY OR NEf3ATIVFIY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES RFI OW THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CON TRACI BETWEEN THE ISSUING INSURERfS, AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIE1CATC HOLDER Ir IMPORTANT: If the certificate bold(a an ADDITIONAL INSURED,i.t ,tiCy(lss)meet have ADDITIONAL INSURED provisions or Do s+du(Md- II SUBROOATTOT4 IS WAIVED.suf$Kt to the terms end conoiitons of the poky,:attain policira ne y require an endoree.Ilsrtt A slltenlent or. psis G!fifGiip dole ndl rnnfar rights to the eertflcato holder in lieu of such ertlkWeemeOg5} MOOOCBI CIIf.•AL'T INSu•tANCE ACA . .N CTRMATKIN NA7R FLY I. fuY+. INSURANCE AGFNT ISSUING CER T I F ILA T L 1 P' ly :wlc.ell. n i eiewleFigi0fOieISCOIINMi RPM Is,,,,,..A A-VI•on fir Twit ALSEI TED cARRER WWW6 1 MNiJI II Ere*,wooed A0O sea eg 81.06111) exec • alai=F i COVERAGES CERTIFICATE NURSER REMOION ROOMIER: In*M TO C4'RTIFY THAT rrE POLICES OF NSI*VCE LISTED BELOW WIVE SEEN ISSUED TOT . -, 17 NAMED ABOVE rEle THE Pflt ICY PERIOD ItO GATED NOTWITHSTANDING ANY SIT.TERM OR CONDITION Of ANY CONTRACT• - . • • .1MENi WIT).RESPECT TO MATCH TH16 WttII1tATE MAY BE ISSVCO tat MAY AN PERTAIN,TtF INSURANCt AFFORDED ati THE -• . SCR.= HEREIN 15 91BJECT TO AU.TIE TERMS sicuralDlis D ODfOTT10N9 Os sup..POLICIES LABS$IEWW%tAAV HAVE KEN REDUCED BY• He - - . L Es matoriabsaa .fflCyle1 m tasrl �slacerevilern ••• 1,uUfi,D00 X ucasameAL usam arr OOCiftREr6- s ,- - CIE TO RENTE3 ,1 100.000 ►ED EXP Ow enewnorIf i 1 5,000 A POLICY NUMBER T Koslow aAnN;MUIRY s 1.000,000 GEM.AOOREIAATEppLpI�lT osura MR :t)ENER11(as taur t 4.000.000 route ).. /SO't ' ute I IOC -r nnoolse-czadr,te•Aui. E 4.000.000 slPY.h. I wUTt.YOlLLi tiABLITY lXINC4 WO 1 2 coo,ODD X ANY AUTO euULV await,die paw.: I A ' r"A''O POLICY N START STOP lama.ALLAY Olaf auras ii $ AUTOS ONLY A RREns rwaLY WILT DATE ImFYIE-XINCAMAOF II 11‘,scodenC , iv i- . uinimis..A LIA! ._orem I teat OOCURticFE R _, UMWutA IRGAFApF A1A1lietiiAlL ,I -_: W TTNT•0•.1 :---— -- �,I ROWIERS COMPOSA'ICN RATUrT X ER Ale ceWto.aes t1ALRr . A ,m.>ea-Q-.e 'a NtrteAn:truvc I NLIMOjER STMT Ita LOCH ACCI06 T • 1.000D60_ 1 STOP L mama-alnr crwee s 1.000,000 ••- ^y GAF,El_ONLY i3A i E GATE E _ Ttpa-CP°PTAs r.M Ce.•• t‘OMAR•MILO,,ove I 1.1100 000 eNlitllIIONweeesiUIOe/ILACAIelelr tisCtis tAOelb elkAllie1/flretiMlekila um M araid*mow aaseesr..mons Th.CAy of Vase: its ap•rds,enaseflres.euikollsed wakeilesirs.eledre RId 8900111110 alkali ape sal dSd as eoallond mewed MTh a WI WI?,Of S Vapsas* Sec tlleakee Addelonal raised t..*ian-we CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DC CANCElt.EO BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS Putdmeilw Deportment Moe,wen IICVRCIIENTAT1Vt 129 N.Ind:it Yaloms,WA 919901 .iL,NA I IWO_ ®I116e-2013 ACORD CORPORATION- AM riyhls rrse:•era ACORD 25(2016103) The ACORD name ana logo are regi%terrd parka of ACORD 22601 Landscape Maintenance—Citywide Page 29 of 31 56 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20'100704 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 Name Of Additional Insured Person(s) Or Organization(s): L i(s) Of Covered Operations The City of Yakima,its agents,employees,authorized volunteers,elected and appointed officials are included as PrimaryJNon-Contributory additional insured. 41PNV Information required to complete,this Seed - if not i'. e,wi I be shown in the Declarations. A. Section II — Who Is An Insu •+ • am- . to B. With respect to the insurance afforded to these include as an additional insured .. (s additional insureds, the following additional exclu- organization(s) shown in the Sch. - stops apply with respect to liability for "-- ty int "properly damage" or "personal . adve 'ng injury' This insurance does not to "bodily injury"or caused,in whole or in . b "property damage"occurringing after: 7. Your acts or ornissi. 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions . • acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 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 organization other than another contractor or subcontractor en- gaged in performing operations for a princOal as a part of the same project. CG 20 10 07 04 r,©ISO Properties, Inc.,2004 Pagel of 7 El 22601 Landscape Maintenance—Citywide Page 30 of 31 57 POLICY NUMBER:CGD300084907 COMMERCIAL GENERAL LIABILITY CG 24 0412 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 provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA UABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION UABILITY 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 SCHEDULE Name Of Person(s)Or Organization(s): 'Miere required by written contract or agreement execut to ( where not permitted by law). ip I Information required to complete this Schedule,if . + -4 e,will be shown in the Declarations. The following is added to Paragraph 8. Tr: • Rights Of Recovery Against Oth•rs To • Section IV—Conditions: We waive any right of recovery again I - or organization(s) shown i - Si • e ..11,4 e because of payments we r - . der t • Coverage Part. Such waiver by us a es .,. h; extent that the insured has waived it i - 0 -ry against such person(s) or organization(s) . - to loss. This endorsement applies only t• person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 cif 1 22601 Landscape Maintenance—Citywide Page 31 of 31 58 _} • 129 North 2nd Street • Yakima,Washington • 98901 • (509)575-6093 January 23, 2026 Dear Sir or Madam: Subject: Quote 22601 Addendum No. 1—Questions/Clarifications to Quote Specifications and Amendment A. Questions/Clarifications: 1. Service Frequency Confirmation Can the City confirm that the weekly, monthly, and seasonal service frequencies listed in Schedules 1—VIII represent the maximum anticipated routine service levels, and that any additional routine services outside those schedules would require separate authorization? Answer: The frequencies listed for each schedule are estimates that have been provided by each city department. They are based on previous contract needs for these services. They are not firm and can be changed during the contract. Any changes require prior authorization. Please refer to the More or Less clause below that can be found on page 5 of the quote documents. 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. 2. Irrigation Repair Scope and Authorization For sprinkler system repairs billed on a time-and-materials basis, is there a not-to-exceed threshold or specific written authorization required prior to commencing repair work?Additionally, should labor rates for irrigation repairs be provided only on the Quote Form or documented elsewhere? Answer:There isn't a not to exceed threshold. All repairs will require written authorization and will be subject to internal approval depending on threshold. Labor rates should be listed on the quote form. 3. Pesticide and Applicator Licensing Does the City require specific Washington State Department of Agriculture pesticide applicator licenses for contractors performing fertilization, weed control, or pest control services? If so, should license information be submitted with the quote or provided after award? Answer:Applicable pesticide applicator licenses should be included with quote submittal. M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing 59 4. Staffing and Routing Flexibility Is the City open to flexibility in service routing across multiple locations on the same service day, provided all required weekly services are completed within the specified timeframe, or are service days fixed by location? Answer:Yes,the awarded vendor will be able to work out the final schedule with each division. 5. Award Structure Does the City intend to make a single award covering all schedules, or does the City reserve the right to award individual schedules or groups of schedules separately? Answer: A single award is preferable. However, if awarding individual schedules is more beneficial to the city, the city may opt to award per schedule. B. Amendment to Quote Specifications: Amendment to Section VI Scope of Work and Requirements, Section 2. Item "L" below has been added. 1. Spray Operators and Drivers — Shall be certified according to the requirements of RCW 17.21. Applicable licenses need to be included with quote submittal for each employee that will be performing these services under the awarded contract. Please acknowledge receipt of this addendum on the Cover Sheet, page two(2), of the Quote document. If you have any questions, please contact me at(509) 576-6696. Sincerely, Ch1464.4/ telly Christina Payer, CPPB Buyer II -City of Yakima Purchasing CC: File M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing 60 Exhibit B — Contractor's Quote Submittal 61 City of Yakima NOTICE TO BIDDERS QUOTE 22601 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 PST on January 20 2026 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: Landscape Maintenance -Citywide 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 January 5, 2026 Christina Payer, CPPB Buyer II 22601 Landscape Maintenance—Citywide Page 1 of 38 62 y^ °4 CITY OF YAKIMA I`.k �:;.. INVITATION TO QUOTE 22601 ^"� r____ COVER SHEET THIS IS NOT AN ORDER QUOTE Release Date:January 5, 2026 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: Buyer in charge of this procurement(Contact for further information): City of Yakima Citywide Departments Christina Payer, CPPB 129 N 2' Street Buyer II Yakima, WA 98901 Quotes Must be completely uploaded by: Phone E-Mail Address January 20, 2026, at 2:00:0o PM PST (509) 576-6696 Christina.payer@yakimawa.gov PROJECT DESCRIPTION SUMMARY Landscape Maintenance Enter Prompt Payment Discount:_5_% net 14_days We/I will begin work within _1 days after receipt of services requested. X I hereby acknowledge receiving addendum(a) _1_, , _, , ,(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 Company Address Best Choice Incorporated Dba Evergreen Services L.L.C. P.O.Box 973 Sunnyside WA 98944 Name of Authorized Company Representative(Type or Print) Title Phone ( 509 ) 901-9800 Forrest Emmons President/CEO Fax ( ) Signature of Above Date Email Address PB'?/LQ,ett- ta/t rG2 01/16/2026 Evergreenserv@outlook.com 22601 Landscape Maintenance—Citywide Page 2 of 38 63 CONTENTS I. CONTENTS 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. Best Modern Practices 5 4. Exceptions 5 5. More or Less 5 6. Project Start Date 5 7. Contract Term 5 8. Pricing and Discount 5 9. Price Clarifications 6 10. Price Increases 6 11. Expansion Clause 7 12. Permits 7 13. Regulations and Codes 7 14. Prompt Payment 7 15. Payments 7 16. Payment Method-Credit Card Acceptance 8 17. Acceptance of Terms 8 18. Sales Tax 8 19. Tax Revenues 8 20. Clarifications and/or Revisions to Specification and Requirements 8 21. Incurring Costs 9 22. No Obligation to Contract 9 23. Retention of Rights 9 24. Points Not Addressed 9 25. Other City Departments/Like Items Added 9 26. Services Bought from a Different Contractor 9 27. Re-Award 10 28. Errors and Omissions 10 29. Changes 10 30. Mobilization and Demobilization 10 31. Consideration 10 III. QUOTE PREPARATION AND SUBMISSION 10 1. General Instructions 10 2. Submitting a Quote 10 3. Prohibition of Bidder Terms &Conditions 11 22601 Landscape Maintenance-Citywide Page 3 of 38 64 4. Multiple Quotes 11 5. Withdrawal of Quotes 11 IV. BIDDERS CHECKLIST 11 V. EVALUATION AND CONTRACT AWARD 11 1. Quote Evaluation 11 2. Offer in Effect for Ninety (90) Days 11 3. Protest Procedure 11 4. Sample Contract and Terms and Conditions 12 VI. SCOPE OF WORK AND REQUIREMENTS 13 1. Scope of Work 13 2. Requirements 13 VII. QUOTE FORM 15 VIII. BIDDER RESPONSIBILITY CRITERIA FORM 20 IX. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES 22 X. CONTRACTOR REFERENCES 23 ATTACHMENT A—AERIAL SHOTS (Schedules I—VII) 24 ATTACHMENT B-DEBARMENT AND SUSPENSION ATTESTATION FORM 27 ATTACHMENT C-SAMPLE CONTRACT 28 ATTACHMENT D—SAMPLE INSURANCE 36 22601 Landscape Maintenance—Citywide Page 4 of 38 65 II. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Landscape Maintenance for various city departments 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 the 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 contact (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. 3. 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 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 may tend to devalue the service or give an individual bidder who is offering a lesser item a distinct advantage. 5. 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. Project Start Date Each bidder is required to list on the Quote form the number of calendar days they expect work to start upon receipt of notice of service requested. In terms of time interval, following placement of order. Time of project start date is important and will be considered in the evaluation of the Quotes. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Quote. 7. Contract Term See section 3 of contract. 8. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. 22601 Landscape Maintenance—Citywide Page 5 of 38 66 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. All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. BIDDER 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. 9. 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. 10. 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: 1) The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). 2) Incurred after contract commencement date. 3) Not producing a higher profit margin than that on the original contract. 4) Clearly identify the items impacted by the increase. 5) Be filed with the Buyer listed on page 2, a minimum of thirty (30) calendar days before the effective date of proposed increase. 6) Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. 22601 Landscape Maintenance—Citywide Page 6 of 38 67 7) Should not deviate from the original contract pricing scheme/methodology. Pricing and discounts shown on Quote shall be consistently applied and remain firm throughout the first twelve (12) months of the contract. If requested by the Contractor in writing thirty (30) days before the anniversary date of each year of the contract, the City will consider increasing the Contractor's rates per the Seattle-Tacoma-Bellevue Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the previous twelve months. The CPI Calculator is available at: https://beta.bls.gov/dataViewer/view/timeseries/CWURS49DSA0 . The City, in its sole discretion, will decide whether to approve or deny the rate increase request or any part thereof within thirty (30) days of receipt of the request. If approved, an increase shall take effect thirty (30) days after approval. 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. 11. 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. 12. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 13. 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. 14. 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 15. Payments The contractor shall submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. The following City departments shall have a separate account and only receive invoices for their location: 1. Transit Transfer Center— 105 S 4th Street, Yakima WA, 98901 2. Yakima Convention Center— 10 N 8th Street, Yakima WA, 98901 3. Visitor's Information Center— 101 N Fair, Yakima WA, 98901 4. Waste Water Collections—204 W Pine Street, Yakima WA, 98903 5. Waste Water Treatment Plant—2220 E Viola, Yakima WA, 98901 6. Yakima Police Department—200 S 3rd Street, Yakima WA, 98901 22601 Landscape Maintenance—Citywide Page 7 of 38 68 A total of three locations, including the following: O 207 E Spruce Street, Yakima WA& o Employee secured parking lot—corner of S 3rd Street and E Spruce Street, Yakima WA When feasible, invoices shall be sent from the Contractor's local office. Charges shall be broken out monthly. Any additional service charges must be pre-approved by the City's contact person and billed separately, or they will not be processed for payment. To ensure prompt payment each invoice should cite purchase order number, Quote number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of: • Receipt and acceptance of services, • Properly completed invoice, • All required paperwork. 16. 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. 17. 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. 18. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in determining which Quote is the lowest and best Quote. 19. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by the 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. 20. 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 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 submittal due date. In the event that 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. 22601 Landscape Maintenance—Citywide Page 8 of 38 69 If any requirements of the QUOTE are unacceptable to any prospective Bidder, they may choose not to submit a Quote. 21. 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, in facilitating site visits or any other activities related to responding to this QUOTE. 22. 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".) 23. Retention of Rights The City retains the right to accept or reject any or all Quotes or accept any presented which meet or exceed 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. 24. 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. 25. 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. 26. Services Bought from a Different Contractor 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 • 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. 22601 Landscape Maintenance—Citywide Page 9 of 38 70 27. 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. 28. 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. 29. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, the Buyer 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. 30. 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. 31. Consideration The City agrees to compensate the Contractor with the rates listed on the Quote Form for all landscape maintenance services included in Schedules I-VII. There shall be no travel time added to the invoices. Time charged shall be from the time Contractor arrives at the work site. Estimates and meetings with the owner shall also be included. III. QUOTE PREPARATION AND SUBMISSION 1. 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 into 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.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. 22601 Landscape Maintenance—Citywide Page 10 of 38 71 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. 3. 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. 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. 5. 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 the quote closing date and time, all submitted Quotes shall be irrevocable until contract award. IV. BIDDERS CHECKLIST Bidder must complete and upload, 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 15-19 • Bidder Responsibility Criteria Form Pages 20-21 • Certification of Compliance with Wage Statutes Page 22 • Contractor References Page 23 • Debarment& Suspension Attestation Form Page 27 V. EVALUATION AND CONTRACT AWARD 1. 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 service availability, parts availability, equipment 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. 3. 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 22601 Landscape Maintenance—Citywide Page 11 of 38 72 St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: rudy.silva@yakimawa.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 in an attempt 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. 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 these 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. 22601 Landscape Maintenance—Citywide Page 12 of 38 73 VI. SCOPE OF WORK AND REQUIREMENTS 1. Scope of Work The Contractor shall provide various City departments with landscape maintenance services as directed by the Agent for the City or his/her designee. The work under this Contract shall include the furnishing of all labor, materials and equipment necessary for or incidental to landscape maintenance located as indicated in these specifications and the completion of all work indicated in the Contract Documents. The City of Yakima in its entirety shall be covered under this contract. In addition to all other terms and conditions of this Agreement, all landscape maintenance services shall be performed in accordance with the following requirements. Tree trimming will include only those trees that can be reached with a 6' ladder. Any trimming required above that height will not fall under the scope of this contract. 2. Requirements a. Workmanship - Where not more specifically described in these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved. All work shall be executed by personnel skilled in their respective lines of work. b. A.N.S.I. A300 - It is MANDATORY that all trimming/pruning work shall be done in compliance with the "American National Standard for Tree Care Operations — Tree, Shrub & Other Woody Plant Maintenance—Standard Practices,"A.N.S.I. A300—2008, which is incorporated by this reference. c. Sprinkler Maintenance & Repair-Service is to include maintenance of system(s) on a monthly basis and inspection for any problems. The monthly price Quote for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, and fall system blow-out and shut down/winterization. Any labor required to repair the system(s) must be pre-approved by the City and will be billed separately on a time and materials basis. d. Protection of Existing Utilities - Identification and location of all underground utilities are the responsibility of the Contractor. The Contractor shall: • "Call Before You Dig" Law: Contact utility company. • 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 and continuous operation of the services. • 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 and/or repairs must be made immediately, at the Contractor's expense, to maintain continuity of services. e. Waste Materials - All refuse and waste material must be disposed of by the Contractor off the Owner's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from buildings, roads, etc. f. Manufacturer's Instructions - All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the contract documents. g. Public Convenience and Safety 22601 Landscape Maintenance—Citywide Page 13 of 38 74 • The Contractor must so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be performed with due regard to the rights of the public. • The Contractor must provide and maintain such fences, barriers, directional signs, lights, and flag persons as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. h. Dust/Debris Control • The Contractor must take whatever steps, procedures or means as are required to prevent abnormal dust and 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. • All areas where personnel are, or will be present during the course of work, shall be thoroughly cleaned of debris and garbage daily. Specific areas are adjacent buildings, walkways and parking areas. i. Service Documentation - At time of each service, a written report on Contractor's standard form shall be completed. The Contractor shall provide a copy to the Department upon completion of service and maintain one copy. The form shall include date, start time, stop time, work performed, total material used and employees' name. j. Warranty of Work - The contractor shall warrant the Owner and guarantee the work under this contract against defective workmanship and materials for a period of one year commencing on the date of final acceptance of the work. k. Upon award, the contractor will provide a list of products (chemicals) and *SDS sheets proposed to be used throughout the term of the contract, for pre-approval by the City. If there are any changes during the term of the contract, a new *SDS sheet shall be provided and the City notified prior to use. 22601 Landscape Maintenance—Citywide Page 14 of 38 75 VII. QUOTE FORM INVITATION TO QUOTE NO. 22601 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 QUOTE. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Tree trimming will only include trees that can be reached with a 6' ladder. Any trimming required above that height will not fall under the scope of this contract. Quote your lowest price for the following: Item Description Qty. Price Per Unit Total Price No. (without tax) SCHEDULE I -TRANSIT TRANSFER CENTER,105 S 4th Street: Contact Person: Israel Benavidez,Transit Field Operations Supervisor(509)731-9110. Service documentation is required fc 1. Weekly Lawn Maintenance. Mow, trim, edge, and then blow debris off sidewalks, 34 times per season. First mowing on March 15th, last mowing on November 15th. (Dates are 34 $ 88.00 $ 2,992.00 Approximate). 2. Lawn Fertilizer/Weed Control. 5 applications per season to keep the lawn green, healthy, and weed free. 5 $ 120.00 $ 600.00 3. Lawn Aeration. 1 time per season. 1 $ $ 150.00 150.00 4. Tree/Shrub Insect and Disease Control. 4 applications throughout the season. 4 $ 245.00 $ 980.00 5. Deep Root Feed Fertilizer. 1 aeration per season on all trees and shrubs. 1 $ 90.00 $ 90.00 6. Tree/Shrub Trimming. Trim trees and shrubs 4 times 4 throughout the season. $ 180.00 $ 720.00 7. Weekly Litter Clean up. Remove debris on a weekly basis (34 times per season) on the lawn, walkways and shrub beds. 34 Monday is preferred. $ 25.00 $ 850.00 8. Sprinkler System Maintenance. Maintain sprinkler system on a 9 $ 60.00 $ 540.00 monthly basis and inspect for any problems. The monthly price (maint.per month) bid for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, and fall system blow-out and 1 $ 110.00 shut down/winterization. Any additional blow-outs at the (Add'I blow-outs) request of department staff will be charged separately. $ 70.00 Any repairs or additions are to be completed at the request of 1 (repairs per man hr) the owner on a materials and labor basis. Labor is to be billed separately per man hour. 9. Planting Beds. Planting, weeding, fertilizing, and mulching as 2 $ 350.00 $ 700.00 needed to maintain pleasant, attractive appearance. Plantings (per planting) 22601 Landscape Maintenance—Citywide Page 15 of 38 76 Item Description Qty. Price Per Unit Total Price No. (without tax) to include a combination of petunias, snap dragons, lobelia & 1 $ 75.00 $ 75.00 marigolds. Ten (10) flats, or more, of flowers, shall be included (per fertilizing) in each planting. Beds may need planting more than once during the season. Beds will need to be cleared of all 1 $ 150.00 $ 150.00 vegetation at the end of the season, or by November 15th of (per mulching) each year. 1 $ 55.00 $ 55.00 (weeding per man hr) 10. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule I: $ 7,902.00 SCHEDULE II—YAKIMA CONVENTION CENTER, 10 N 8th Street: Contact Person: Sam Dobbs, Director of Operations,(509)-833-7155. service documentation is required for aii services This location includes all areas around the center,the islands located within the large parking lot to the east of the building, including the strip east of the chamber of commerce across from Howard Johnson. It also includes the islands within the parking lots to the north of the Center. It does not include the landscaping immediately surrounding the Chamber of Commerce building. Please see attached aerial photograph on page 24. Weekly Lawn Maintenance. Mow, trim, edge,and blow debris 11. off sidewalks approximately 25 times per season (May — 30 $ 165.00 $ 4,950.00 October). 12. Lawn Fertilizer/Weed Control. 3 applications per season to 4 $ 174.00 $ 696.00 keep lawn green, healthy, and weed free. 13. Tree/Shrub Insect and Disease Control. 2 applications 2 $ 210 00 $ 420.00 throughout the season. Sprinkler System Maintenance. Maintain four (4) separate 2 $ 220.00 $ 440.00 sprinkler systems and four (4) separate control boxes 2 times (per inspection) per season and inspect for any problems. The monthly price bid for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they 1 $ 220 00 work, are not broken, and are directed properly, and fall (Add'I blow outs) 14. system blow-out and shut down/winterization. Any additional blow-outs at the request of department staff will be charged separately. Any repairs or additions are to be completed at the request of 1 $ 70.00 the owner on a materials and labor basis. Labor is to be billed (repairs per man hr) separately per man hour. 15. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule II: $ 6,506.00 22601 Landscape Maintenance—Citywide Page 16 of 38 77 Item Description Qty. Price Per Unit Total Price No. (without tax) SCHEDULE III—VISITOR'S INFORMATION CENTER,101 N Fair Ave Contact Person: Sam Dobbs, Director of Operations,(509)833-7155. sired for all services Fite. Weekly Lawn Maintenance. Mow, trim, edge, and blow debris 16. off sidewalks approximately 25 times per season (May — 30 $ 60.00 $ 1,800.00 October). Sprinkler System Maintenance. Maintain sprinkler system 2 2 $ 70.00 $ 140.00 times per season and inspect for any problems. The monthly (per inspection) price bid for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, and fall 1 $ 70.00 17. system blow-out and shut down/winterization. Any additional (Add'I blow-outs) blow-outs at the request of department staff will be charged separately. Any repairs or additions are to be completed at the request of 1 $ 70.00 the owner on a materials and labor basis. Labor is to be billed (repairs per man hr) separately per man hour. 80.00 160.00 18. Lawn fertilizer and broadleaf weed control. 2 times per year. 2 $ $ (each) 19. Tree and shrub spray. 1 application of insect control for 1 $ 50.00 $ 50.00 landscape plants per year. (each) 20. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule III: 2,150.00 SCHEDULE IV—Wastewater Collections,204 W Pine Street: Contact Person: Marc Cawley,Wastewater Operations Superintendent,(509)249-6854. twice documentation is required for Lawn maintenance: Mowing, edging, trimming, blowing-off 21. sidewalks and removal of grass clippings on a weekly basis. 32 $ 78.00 $ 2,496.00 Approximately 32 times throughout the spring, summer and 22. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule IV: $ 2,496.00 SCHEDULE V—Wastewater Treatment Plant,2220 E Viola: Contact Person: Marc Cawley,Wastewater Operations Superintendent,(509)249-6854. ervice documentation is required for Weekly Lawn Maintenance: Mow, trim, edge & blow debris off $ 300.00 23. sidewalk — Using recycling mowing equipment. — 3e 32 $ 9,600.00 Attachment A, Page As, for additional quote information. 22601 Landscape Maintenance—Citywide Page 17 of 38 78 Item Description Qty. Price Per Unit Total Price No. (without tax) Weekly Lawn Maintenance: Weekly mow, trim, edge & blow 24. debris off sidewalk - Using bagging equipment. - sc.. 32 $ 385.00 $ 12,320.00 Attachment A, Page 25,for additional quote information. 25. Shrub bed weed control. Treatment every other month;April- 3 $ 180.00 $ 540.00 October. 26. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule V: $ 22,460.00 SCHEDULE VI-Yakima Police Department(YPD),200 S 3rd Street: Contact Person: Martin Cueva-Ramirez, Building Superintendent, (509)576-6702. .� -.sed for all Lawn maintenance. Mowing, edging, trimming, blowing-off 27. sidewalks and removal of grass clippings on a weekly basis. TO 32 $ 160.00 $ 5,120.00 BE DONE ON MONDAY'S. Approximately 32 times throughout (per week) the spring,summer and fall. 28. Shrub bed weed control. An annual program of 6 applications 6 $ 170.00 $ 1,020.00 to control weeds in shrub beds. (each) 29. Lawn fertilizer and broadleaf weed control.3 times per year. 3 $ 145.00 $ 435.00 (each) 30. Tree and shrub spray. 2 applications of insect control for 2 $ 250.00 $ 500.00 landscape plants per year. (each) 31. Deep root feeding fertilizer. for arborvitae bordering parking 1 $ 140.00 $ 140.00 areas, 1 time per year. (each) 32. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule VI: $ 7,215.00 SCHEDULE VII-Yakima Police Department(YPD),207 E Spruce: Contact Person: Martin Cueva-Ramirez, Building Superintendent, (509)576-6702. ryervice documentation is required for all Lawn maintenance. Mowing, edging, trimming, blowing-off 33. sidewalks and removal of grass clippings on a weekly basis. TO 32 BE DONE ON MONDAY'S. Approximately 32 times throughout $ 60.00 $ 1,920.00 the spring, summer and fall. (per week) Weekly Litter Clean up. Remove debris on a weekly basis (32 34* times per season) on the lawn, walkways and shrub beds. TO 32 $ 25.00 $ 800.00 BE DONE ON MONDAY'S. (per week) 35. Lawn Fertilizer/Weed Control. 3 applications per season to 3 keep the lawn green, healthy, and weed free. $ 68.00 $ 204.00 36. Tree and shrub spray. 2 applications of insect control for 2 $ 60.00 landscape plants per year. $ 120.00 (each) 22601 Landscape Maintenance-Citywide Page 18 of 38 79 Item Description Qty. Price Per Unit Total Price No. (without tax) 37. Shrub bed weed control. An annual program of 6 applications 6 $ 55.00 to control weeds in shrub beds. $ 330.00 (each) 38. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule VII: $ 3,374.00 SCHEDULE VIII—Yakima Police Department(YPD), Employee Secured Parking Lot Corner of S 3'd Street&E Spruce Street-Contact Person: Martin Cueva-Ramirez, Building Superintendent,(509)576-6702. Lawn maintenance. Mowing, edging, trimming, blowing-off 39. sidewalks and removal of grass clippings on a weekly basis. TO 32 BE DONE ON MONDAY'S. Approximately 32 times throughout $ 30.00 $ 960.00 the spring,summer and fall. (per week) Weekly Litter Clean up. Remove debris on a weekly basis (32 40. times per season) on the lawn, walkways and shrub beds. TO 32 $ 20.00 $ 640.00 BE DONE ON MONDAY'S. (per week) 41. Lawn Fertilizer/Weed Control. 3 applications per season to 3 keep the lawn green, healthy, and weed free. $ 45.00 $ 135.00 42. Tree and shrub spray. 2 applications of insect control for 2 $ 30.00 60.00 landscape plants per year. (each) $ 43. Shrub bed weed control. An annual program of 6 applications 6 $ 45.00 to control weeds in shrub beds. $ 270.00 (each) 44. Other Work. Other labor as requested, to be billed per man 1 $ 70.00 hour. (per man hour) Total Schedule VIII: $ 2,065.00 List discount offered off list price for any other services not specifically listed: 5 WA STATE SALES TAX—Destination Based @ 8.3% Bidder Name: Best Choice Incorporated Dba Evergreen Services 22601 Landscape Maintenance—Citywide Page 19 of 38 80 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 the 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#: EVERGS*823NP Effective Date: 08/17/2018 Expiration Date: 09/25/2026 2. Have a current Washington Unified Business Identifier(UBI) number; UBI #: 603-461-456 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 (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW: # 000152715006 c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW#: 81-1375045 (Federal) , (DOR) 603461456-001-0001 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? NO (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? NO (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 (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 0 Exempt NI Is Contractor in compliance? YES (Yes/No) 22601 Landscape Maintenance—Citywide Page 20 of 38 81 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). 3. 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: Signature Forrest Emmons, President/CEO Printed Name, Title 01/16/2026 Date 22601 Landscape Maintenance—Citywide Page 21 of 38 82 IX. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES ib Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( 01/05/2O2h ), 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. Best Choice Incorporated Dba Evergreen Services Bidder Signature of Authorized Official* Forrest Emmons Printed Name President/CEO Title 01/16/2026 Yakima WA Date City State Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation KJ State of Incorporation, or if not a corporation, State where business entity was formed: Washington 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. 22601 Landscape Maintenance—Citywide Page 22 of 38 83 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 Yakima Convention Center Address (including Zip +4) 10 N. 8th Street Yakima,WA 98901-2515 Contact Person Sam Dobbs Phone No. 509-833-7155 Email address Sam@yakimacenter.com Describe experience with reference: Provided comprehensive landscaping services, including weekly lawn maintenance, sprinkler system upkeep, tree and shrub care,weed control and planting bed management. Ensured the property maintained a clean, attractive, and professional appearance throughout the year. Delivered services on schedule and adhered to all contractual requirements. 2) Company Name City of Union Gap Address (including Zip +4) 102 West Ahtanum, Union Gap,WA 98903-0008 Contact Person Jason Cavanaugh Phone No. 509-952-8371 Email address jason.cavanaugh@uniongapwa.gov Describe experience with reference: Provide weekly mowing,trimming, blowing, shrub bed weed control, and lawn treatments to maintain pristine public spaces. Installed and maintain Union Gap's irrigation systems, including monthly service and new install at the Union Gap Library. Provide interior/exterior insect control and trimming services as part of on-going municipal grounds maintenance. 3) Company Name Catholic Charities Address (including Zip +4) 5301 Tieton Drive,Yakima,WA 98908-3479 Contact Person Dale Baker Phone No. 509-406-1357 Email address Dbaker@catholiccharitiescw.org Describe experience with reference: Provide weekly mowing, shrub bed weed control,lawn treatments, and insect control at their D Street location. Currently designing, and installing a full irrigation system for their new parking lot project. Also installing new trees and shrubs as part of the ongoing landscape development. 22601 Landscape Maintenance—Citywide Page 23 of 38 84 ATTACHMENT A—AERIAL SHOTS (Schedules I —VIP Aerial shots are included for reference purposes only. Bidders are responsible for physically viewing each site, if necessary, to submit accurate quote pricing. Schedule I —Transit Transfer Center Schedule II —Yakima Convention 105 S 4th Street, Yakima WA 10 N 8th Street, Yakima WA r It , i`i, .,if .I . J 17. i _ 4 . ,, 1 , -,, 4 • ,.. 0 , _, „ , : �_ . . ii�4, I e t r l iY VI f is , Q.4 I '- E .. 7 a i , ` — •• ice_ • isoiar , Schedule III —Visitor's Information Center— 101 N Fair, Yakima WA .0,, t-ir,,,, tw '� 4„ ...„ iiti_ _ --mut itrik -- -- sal ' 4 -Pr. --11{c_ a r . . .t. ..., it,1 Schedule IV—Wastewater Collections — 204 W Pine, Yakima WA mac,, - .." y 1 V t iP - I,` _ ;,.. N ri f I iiiiii - , ,,,_ , , :r , , - r__ , - 22601 Landscape Maintenance—Citywide Page 24 of 38 85 Schedule V—Wastewater Treatment Plant— 2220 E Viola, Yakima WA _ - i ,ram+--- • F `u — - r--- . , <. -` ' . : :, - [i..3 : ,p A ) 1.1,* 4 tit —411t A - , - - - . il. ,e, - < It . CIL f1 6 `� � �• i, F s ...,.. migiga• NAP 12 -- ,o/ I1. � 14 may i /g!I ) r , . s" A ,.,:,, _ ! r ,, a 6 I I -1 r_ r_ 1 H- - _ The current contract includes a separate price for: • Cost for mowing of 1.9 acres of lawn using recycling mowing equipment, and; • Cost per service if bagging equipment is required. o If well maintained bagging should only be required in the fall. All grass areas, 1-14 labeled with a yellow pin, in the aerial picture above are included in this quote. A separate quote for lines 21 and 22 is required. The goal here is to get a price for whichever service above is being used. It will be one or the other. 22601 Landscape Maintenance—Citywide Page 25 of 38 86 Schedule VI —Yakima Police Department Schedule VII —Yakima Police Department 200 S 3rd Street, Yakima WA 207 E Spruce Street, Yakima WA o `4.. r r i r �-„,,, _'-.R MF - 4ir 4 1r 5^ 0-3 - , 17-- vt----4 "d, •--11 .'- i- ° ' .., Yakima Mun a r-, €curt 1 F tic ill 207 E 11 ESpruceSi ' M. 1 :.sie e! j ,' i el, ,Ofe rti InI4 r, —. , di 1 0. SCHEDULE VIII —YAKIMA POLICE DEPARTMENT— SECURED EMPLOYEE PARKING LOT Corner of S 3rd Street & E Spruce Street, Yakima WA iz 'fir ' _ : : i' 4_ lit ...., 4. • Secured Lot ill i - a :1: , . : • i A ` ,j. • y Aloe 44 r - 22601 Landscape Maintenance—Citywide Page 26 of 38 87 ATTACHMENT B - DEBARMENT AND SUSPENSION ATTESTATION FORM 7-1 CITY OF YAKIMA PURCHASING DIVISION 129 North 2''Street Yakima,Washington 98901 (509)575-6093 DEBARMENT AND SUSPENSION ATTESTATION 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{as defined in 2 CFR§180.995),nor its affiliates(as defined in 2 CFR§180_905}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 lower- tier covered transactions entered into as part 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.sam_gov_ The Contractor hereby certifies that all information provided in 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 affirms its commitment to remain in full compliance 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 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 16 day of January, 2026 Contractor's Name Forrest Emmons Name and Title of Authorized Representative Forrest Emmons, President/CEO Signature of Authorized Representative o(5o9)575-60943 F i;3091 576-6344 E purch@yakimawa.gov W www:yakimawa.gov;services.+purchasing Last Modified:11/18124 22601 Landscape Maintenance—Citywide Page 27 of 38 88 ATTACHMENT C - SAMPLE CONTRACT AGREEMENT CITY OF YAKIMA 22601 Landscape Maintenance THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Forrest_E m m on s , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement 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 22601 Landscape Maintenance Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA 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. 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 Assigns 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- complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and 22601 Landscape Maintenance—Citywide Page 28 of 38 89 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 unit)all litigation,claims or audit findings involving the reocrds have been resolved. c. 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. c. 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 Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 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. f. 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. 22601 Landscape Maintenance—Citywide Page 29 of 38 90 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 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: https://Ini.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates. Based on the Quote submittal for this project,the applicable effective(start)date of this project for the purpose of determining prevailing wages is the Quote date, January 5,2026. 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 22601 Landscape Maintenance—Citywide Page 30 of 38 91 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. 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 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 contractors 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. c. 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 in 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. 22601 Landscape Maintenance—Citywide Page 31 of 38 92 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. 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 22601 Landscape Maintenance—Citywide Page 32 of 38 93 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 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 person(s)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 22601 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. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 16. Termination Termination for Cause 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; i. 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; 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. 22601 Landscape Maintenance—Citywide Page 33 of 38 94 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. 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. 22601 Landscape Maintenance—Citywide Page 34 of 38 95 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. 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: TO CONTRACTOR: Christina Payer, CPPB Buyer II City of Yakima 129 North 2nd Street Yakima WA,98901 25. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONTRACTOR NAME] By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Quote Form 22601 Landscape Maintenance—Citywide Page 35 of 38 96 ATTACHMENT D-SAMPLE INSURANCE Accmd CERTIFICATE OE LIABILITY INSURANCE GIATEnramfyTrYI �_ CURRENT MATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATwiN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE GJVERAOE AFFORDED NY THE MUMS FLFI OW. THIS CERTIFICATE OF INSURANCE DOES NOT CDNS1TTVTE A CO#TRAc 1 BETWEEN THE ISSUING INSURER:SI., AUTHORIZED RFPRE$ENTATIVE OR PRODUCER,A3iD THE CERTIFICATE IIOFLDER IfiI TANT1 If tut CCrirT[!ttr Kober s an ADVITIVNAL INSUHLII 614 poiley(Ie3'mum:Pizva AODITIDNAL INSURED ptovioiono Of bi ynilois#d- It SUBROGATION T2 WAIVED.Itb*r to the terms and ennaitwna of thm pctic .stain policesa miry require an snjorwnwlt- A s1i1RIIlertl I n Otis certificate date 11[+OT Tier rl5h.s 116 the cartrficate hinder In lieu of rrucor ngIW3IMINMO Z51 rwoorrCia - i im...I LANCE AGENT INFORMATION r41i IN t1RAleCF AGENT ISSUING CETtT1FICATE PHoNle3r661Irss _ _Irc.Rot .A 8..V11i t nfg,RP-IT AOLOT'TEEl CARRIER MikaK erdLAGet 0.4kr1eE6 6 .- Erity Irk Morel* I seem=- 1 nom o __ . ,ATIr — ( COVERAGES ICATE MAN uL; PfeltSION My10ER: THet 15 TO C.3 TIFY Titer THE POLIGE5 CC EVEURPOICEYIJSTED BELOW HAVE BUN 19SIAV TO 2C41.eET_i A$Cw rprr TrrF rk-t i PEA= Mi$Xr;.ATED .T e-HSTA C#(i£!'EtFOtM esisgl TUAI OR 0D 4YRON DI MO 4WillACT -- NT*ITN RE$PfCT TO thi'tiG1 11$E Okittli4LA1L MAY UC MVO OR I*AY PFUTaw TFM INSLINANcE AFFORDED Efr THE MR HEREIN IS IRIEUEC1'117 ALL TH! It iAf s. EXC it11SONS ANC_".t-'^^.T '5 Orj 1-1 PM 1f$LIMITS SHOWN MAY I to FIE i kl REDUCED El NNW— 7114E[?r MIBuo.A NG A OM: ---- rr,.. r lautem!: to giii_KY EiT 1 rrY1'I aft LeiRe X CIIMISICArlai QMIRAL LIAS]TT =ate REra 'i 2.0011000 sa;..rnruruL . IfL~L01 ! f_ r4E?EMI.;M OM:666+t F 5,000 A POLICY NUMBER 1 PEARK1641,1 a uru 6,1,63 r 3 T.O60,000- DLNL AGUREGATE LgWIIT,APfslSI PER Guam=ma-t amr. t $,000,000 L.iGY X 28 P1 Lee ariaeu:rs•maim?,MAI i 4.1Xt(I.001A ulrt;IL plj }�w�rw'�♦WAIT,u1To4 UsI6.111A5 i UTT ,eillO iU J i 7 DOO.008 X ANYluTO BUM.Y rl19r MOO ',i A "crxrAra 7�uEa POLICY START STOP '' rri �__r+11_1 L.AJrt}9 LINLY .,,,,,I *UTPR rllcn [Are. DATE . -- F tlrTrl4 niKY ; iUTr�S nrILY —�'i WAlELkALit. .fir eleOCCO.IrrtlE- E -i mead LYte ..--Lier6Mr0E raiiiiitAATE *e .-tea c�+Ilr a•-r" 'auto[`)( ra amo rrL�i near err i.,,, �e ru¢ru.-rl�..1: irTrW= rr o4fA01rrC tP I. 1IO A ,.........ecu„.....a., - . tNRJ11 R START slap a,sr. rt.mama EA9t�r ente s 1J ' �++ �� -— DATE [FATE AEe57 �co,ror.uTrn*r'�. GAP EL.ONLY a AL 040M`Oritr LIMP I 1 DX DX • aEIC6OrnCil CIF CIPS6 7Z166 eLeCAteilli.seigsii MOW tot heemmimmememembm wilt,atYllellE_T"mom wryriri Tire CAT u1 Ydunm at nTla.torso?,reed. ul O rti ld-,unener>E.•lel ild Ind iEIpaInled Aciili ale nclud ri a t1ddlYetW Mewed eth I waned,. Subs* +4s~ma Addr iOrrM Fgirerl Embalmment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOYL L1caG KRHM POLGCIt3 t CANCELRE'RFFnar THL LXPI RATION DATE THEREOF, lDT10E MILS BE DEUVFR.T1 IN City of Yakima ACCORDANCE M TN THE PCNUCY?r^-^_:-v,7.10IIB Pmdm9iru Peperti'neid _,— -- €rerun rnur.areacrnaivr in N.1+id Eft. Yalrma,VYA ASOI 1iUNA1UI& 0 19I16.2011 ACORD CORPORATION. An riyhia rrosevre i. ACORD 23.(2015155) The AGGRO name ana iago arc revisit: mari..c of ACORD 22601 Landscape Maintenance—Citywide Page 36 of 38 97 POLICY NUMBER: COMMERCIAL GENERAL 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 Name Of Additional Insured Person(s) Or Organization(s): Li r (s) Of Covered Operations The City of Yakima. its agents,employees,authorized volunteers,elected and appointed officials are included4111111111111111111# as Primary Non-Contributory additional insured. Information recuired to complete this Sched if not e,will be shown in the Declarations. A. Section II — Who Is An Insure am to B. With respect to the insurance afforded to these include as an additional insured . a (s additional insureds, the following additional exclu- organization(s) shown in the Sch., - sions apply: with respect to liability for " -• in1 ' • property This insurance does not a damage or "personal adv• r • irljufy pP#Y to "bodily injury'or caused,in whale or in �. "property damage"occurring after 1. Your acts or omissi. 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions C. acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed_or nated above. 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 organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project" CG 2010 07 04 ©ISO Properties. Inc_2004 Page 1 of 1 El 22601 Landscape Maintenance—Citywide Page 37 of 38 98 POLICY NUMBER:CGD300084907 COMMERCIAL GENERAL LIABILITY CG 24 041219 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 provided under the following: 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 SCHEDULE Name Of Person(s)Or Organization(s): Where required by written contract or agreement exe toV where not permitted by law). Information required to complete this Schedule,if 4' ';i e,will be shown in the Declarations_ The following is added to Paragraph 8. Tr. " - • Rights Of Recovery Against Oth•rs To •. Section IV—Conditions: We waive any right of recovery again- or organizations) shown i ... Ss. • e ..i'• - because of payments we • - 4, der t Coverage Part. Such waiver by us a. es '.f h: .•xtent that the insured has waived it . 4` r- • -ry against such person(s) or organization(s) • - to loss. This endorsement applies only t. . person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc..20i • Paae 1 of 1 22601 Landscape Maintenance—Citywide Page 38 of 38 99 Quote Tabulation & Comparison Digitally signed by Rudy v Project: Landscape Maintenance Silva III Quote Opening: January 20, 2026 2:00:00 PM Rudy Silva III Date: 2026.02.03 14:00:40 '� Project No.: 22601 -08'00' Contract Term: 5 years Purchasing Manager Project Manager: Various City Departments AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services Payer, Digitally signed by Payer,Christina Date 2026.02.02 16 57 25-08'00' Christina BUYER/DATE No.I Description I Qty. I Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Schedule I -Transit Transfer Center, 105 S. 4th Street Weekly Lawn Maintenance. Mow, trim, edge, and then blow debris off sidewalks 34 times per 1 season. First mowing on March 15th, last 34 per week 88.00 2,992.00 140.00 4,760.00 150.00 5,100.00 95.00 3,230.00 495.00 16,830.00 mowing on November 15. (Dates are Approximate). Lawn Fertilizer/Weed Control. 2 5 applications per season to keep lawn green, 5 apppcation er 120.00 600.00 275.00 1,375.00 195.00 975.00 225.00 1,125.00 250.00 1,250.00 lihealthy and weed free. 3 Lawn Aeration. 1 time per season. 1 per 150.00 150.00 325.00 325.00 300.00 300.00 250.00 250.00 1,000.00 1,000.00 aeration Tree/Shrub Insect and Disease Control. 4 4 applications throughout the season. 4 applicationer p 245.00 980.00 340.00 1,360.00 295.00 1,180.00 187.50 750.00 500.00 2,000.00 Deep Root Feed Fertilizer. 1 aeration per per 90.00 90.00 520.00 520.00 300.00 300.00 275.00 275.00 500.00 500.00 5 season on all trees and shrubs. 1 aeration Tree/Shrub Trimming. Trim trees and shrubs 4 6 4 EA 180.00 720.00 400.00 1,600.00 895.00 3,580.00 315.00 1,260.00 1,950.00 7,800.00 times throughout the season. Weekly Litter Clean Up. Remove debris on a weekly basis 34 times per season on the lawn, 7 walkways and shrub beds. Monday is preferred. 34 per week 25.00 850.00 77.50 2,635.00 70.00 2,380.00 35.00 1,190.00 150.00 5,100.00 Sprinkler System Maintenance. Maintain sprinkler system on a monthly basis and inspect 9 per month 60.00 540.00 115.00 1,035.00 140.00 1,260.00 105.00 945.00 250.00 2,250.00 for any problems. 0 Tab 22601 Landscape Maintenance_FINAL.xlsx 1 of 8 0 AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services BUYER/DATE No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price The monthly price bid for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, per add'l 8 and fall system blow-out and shut 1 blowout 110.00 187.50 250.00 105.00 250.00 down/winterization. Any additional blow-outs at the request of department staff will be charged separately. Any repairs or additions are to be completed at the request of the owner on a materials and labor re airs er basis. Labor is to be billed separately per man 1 man hour 70.00 87.50 125.00 105.00 125.00 hour. Planting Beds. Planting, weeding, fertilizing 2 per 350.00 700.00 750.00 1,500.00 825.00 1,650.00 1,400.00 2,800.00 750.00 1,500.00 and mulching as needed to maintain pleasant, planting attractive appearance. Plantings to include a 1 per 75.00 75.00 225.00 225.00 100.00 100.00 125.00 125.00 250.00 250.00 combination of petunias, snap dragons, lobelia fertilizing 9 and marigolds. Ten (10) flats or more of flowers 1 muc king 150.00 150.00 325.00 325.00 400.00 400.00 155.00 155.00 1,000.00 1,000.00 shall be included each planting. Beds may need planting more than once during the season. Beds will need to be cleared of all vegetation at 1 weeding 55.00 55.00 87.50 87.50 125.00 125.00 75.00 75.00 125.00 125.00 the end of the season, or by November 15th of per man hr. each year. Other Work. Other labor as requested, to be per man 10 billed per man hour. 1 hour 70.00 87.50 125.00 105.00 125.00 Total Schedule I: 7,902.00 15,747.50 17,350.00 12,180.00 39,605.00 Schedule II -Convention Center, 10 N. 8th Street Weekly Lawn Maintenance. Weekly Lawn 11 Maintenance. Mow, trim, edge, and blow debris 25 per week 165.00 4,125.00 187.50 4,687.50 395.00 9,875.00 435.00 10,875.00 1,000.00 25,000.00 off sidewalks approximately 25 times per season (May-October). Lawn Fertilizer/Weed Control. 12 3 applications per season to keep lawn green, 3 apppcation er 174.00 522.00 325.00 975.00 350.00 1,050.00 550.00 1,650.00 500.00 1,500.00 healthy, and weed free. 0 Tab 22601 Landscape Maintenance_FINAL.xlsx 2 of 8 AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services BUYER/DATE No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Tree/Shrub Insect and Disease Control. 13 2 applications throughout the season. 2 apppcation 210.00 420.00 575.00 1,150.00 800.00 1,600.00 375.00 750.00 1,000.00 2,000.00 Sprinkler System Maintenance. Maintain four (4)separate sprinkler systems and four(4) per 220.00 440.00 220.00 440.00 250.00 500.00 895.00 1,790.00 500.00 1,000.00 separate control boxes 2 times per season and 2 inspection inspect for any problems. The monthly price bin for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they 14 work, are not broken, and are directed properly, 1 per add'I 220.00 300.00 250.00 105.00 250.00 and fall system blow-out and shut blowout down/winterization. Any additional blow-outs at the request of department staff will be charged separately. Any repairs or additions are to be completed at the request of the owner on a materials and labor 1 repairs per 70.00 87.50 125.00 105.00 125.00 basis. Labor is to be billed separately per man man hr. hour. 15 Other Work. Other labor as requested, to be 1 per man hr. 70.00 87.50 125.00 105.00 125.00 billed per man hour. Total Schedule II: 5,507.00 7,252.50 13,025.00 15,065.00 29,500.00 p Tab 22601 Landscape Maintenance_FINAL.xlsx 3 of 8 N AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services BUYER/DATE No.I Description I Qty. I Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Schedule Ill -Visitor's Information Center, 101 N. Fair Ave. Weekly Lawn Maintenance. Mow, trim, edge, 16 and then blow debris off sidewalks approximately 25 per week 60.00 1,500.00 75.00 1,875.00 140.00 3,500.00 125.00 3,125.00 250.00 6,250.00 25 times per season. Sprinkler System Maintenance. Maintain sprinkler system 2 times per season and inspect 2 per month 70.00 140.00 90.00 180.00 180.00 360.00 280.00 560.00 500.00 1,000.00 for any problems. The monthly price bid for maintenance shall include spring start up, checking each station, checking sprinkler heads to make sure they work, are not broken, and are directed properly, Per Add'i 17 and fall system blow-out and shut 1 blowout 70.00 97.50 250.00 105.00 250.00 down/winterization. Any additional blow-outs at the request of department staff will be charged separately. Any repairs or additions are to be completed at the request of the owner on a materials and repairs per 1 70.00 87.50 125.00 105.00 125.00 labor basis. Labor is to be billed separately per man hr. man hour. Lawn fertilizer and broadleaf weed control. 2 18 times per year. 2 each 80.00 160.00 120.00 240.00 150.00 300.00 130.00 260.00 250.00 500.00 Tree and shrub spray. 1 application of insect 19 control for landscape plants per year. 1 each 50.00 50.00 187.50 187.50 650.00 650.00 350.00 350.00 500.00 500.00 Other Work. Other labor as requested, to be 20 billed per man hour. 1 per man hr. 70.00 87.50 125.00 105.00 125.00 Total Schedule III: 1,850.00 2,482.50 4,810.00 4,295.00 8,250.00 Schedule IV-Wastewater Collections, 204 W. Pine Street p Tab 22601 Landscape Maintenance_FINAL.xlsx 4 of 8 w AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services BUYER/DATE No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Lawn Maintenance. Mowing, edging, trimming, blowing-off sidewalks and removal of grass 21 clippings on a weekly basis. Approximately 32 32 per week 78.00 2,496.00 92.50 2,960.00 195.00 6,240.00 125.00 4,000.00 375.00 12,000.00 times throughout the spring, summer and fall. 22 Other Work. Other labor as requested, to be 1 per man hr. 70.00 87.50 125.00 105.00 125.00 billed per man hour. Total Schedule IV: 2,496.00 2,960.00 6,240.00 4,000.00 12,000.00 Schedule V-Wastewater Treatment Plant, 2220 E Viola Weekly Lawn Maintenance: Mow, trim, edge & 23 blow debris off sidewalk—Using recycling 32 per week 300.00 9,600.00 325.00 10,400.00 520.00 16,640.00 250.00 8,000.00 1,000.00 32,000.00 mowing equipment, Weekly Lawn Maintenance: Weekly mow, trim, 24 edge & blow debris off sidewalk—Using bagging 32 per week 385.00 12,320.00 385.00 12,320.00 840.00 26,880.00 312.50 10,000.00 1,500.00 48,000.00 equipment. 25 Shrub bed weed control. Treatment every 3 per 180.00 540.00 300.00 900.00 500.00 1,500.00 500.00 1,500.00 750.00 2,250.00 other month; April—October. application 26 Other Work. Other labor as requested, to be 1 per man hr. 70.00 87.50 125.00 105.00 125.00 billed per man hour. Total Schedule V: 22,460.00 23,620.00 45,020.00 19,500.00 82,250.00 0 Tab 22601 Landscape Maintenance_FINAL.xlsx 5 of 8 AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services BUYER/DATE No.I Description I Qty. I Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Schedule VI -Yakima Police Department(YPD), 200 S. Third Street Lawn Maintenance. Mowing, edging, trimming, blowing-off sidewalks and removal of grass 27 clippings on a weekly basis. TO BE DONE ON 32 per week 160.00 5,120.00 185.00 5,920.00 395.00 12,640.00 250.00 8,000.00 500.00 16,000.00 MONDAYS. Approximately 32 times throughout the spring, summer and fall. Shrub Bed Weed Control. An annual program 28 of 6 applications to control weeds in shrub beds. 6 EA 170.00 1,020.00 97.50 585.00 500.00 3,000.00 200.00 1,200.00 495.00 2,970.00 29 Lawn fertilizer and broadleaf weed control. 3 3 EA 145.00 435.00 225.00 675.00 500.00 1,500.00 205.00 615.00 495.00 1,485.00 times per year. Tree and shrub spray. 2 applications of insect 30 control for landscape plants per year. 2 EA 250.00 500.00 350.00 700.00 1,000.00 2,000.00 400.00 800.00 750.00 1,500.00 Deep root feeding fertilizer. For arborvitae 31 bordering parking areas, 1 time per year. 1 EA 140.00 140.00 250.00 250.00 1,000.00 1,000.00 250.00 250.00 1,000.00 1,000.00 Other Work. Other labor as requested, to be 32 billed per man hour. 1 per man hr. 70.00 87.50 125.00 105.00 125.00 Total Schedule VI: 7,215.00 8,130.00 20,140.00 10,865.00 22,955.00 Schedule VII -Yakima Police Department(YPD), 207 E Spruce Lawn maintenance. Mowing, edging, trimming, blowing-off sidewalks and removal of grass 33 clippings on a weekly basis. TO BE DONE ON 32 per week 60.00 1,920.00 82.50 2,640.00 225.00 7,200.00 85.00 2,720.00 375.00 12,000.00 MONDAY'S. Approximately 32 times throughout the spring, summer and fall. Weekly Litter Clean up. Remove debris on a 34 weekly basis 32 times per season on lawn, walk 32 per week 25.00 800.00 62.50 2,000.00 75.00 2,400.00 10.00 320.00 125.00 4,000.00 ways and shrub beds. TO BE DONE ON MONDAY'S. 0 Tab 22601 Landscape Maintenance_FINAL.xlsx 6 of 8 AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services BUYER/DATE No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Lawn Fertilizer/Weed Control. 3 applications 35 per season to keep lawn green, healthy, and 3 per 68.00 204.00 190.00 570.00 250.00 750.00 130.00 390.00 750.00 2,250.00 weed free. application Tree and shrub spray. 2 applications of insect 36 control for landscape plants per year. 2 er application 60.00 120.00 250.00 500.00 750.00 1,500.00 150.00 300.00 500.00 1,000.00 Shrub bed weed control. An annual program er 37 of 6 applications to control weeds in shrub beds. 6 apppcation 55.00 330.00 150.00 900.00 500.00 3,000.00 95.00 570.00 500.00 3,000.00 Other Work. Other labor as requested, to be 38 billed per man hour. 1 per man hr. 70.00 87.50 125.00 105.00 125.00 Total Schedule VII: 3,374.00 6,610.00 14,850.00 4,300.00 22,250.00 Schedule VIII -Yakima Police Department(YPD), Employee Secured Parking Lot, Corner of S 3rd Street& E Spruce Street Lawn maintenance. Mowing, edging, trimming, blowing-off sidewalks and removal of grass 37 clippings on a weekly basis. TO BE DONE ON 32 per week 30.00 960.00 77.50 2,480.00 175.00 5,600.00 85.00 2,720.00 375.00 12,000.00 MONDAY'S. Approximately 32 times throughout the spring, summer and fall. Weekly Litter Clean up. Remove debris on a 38 weekly basis 32 times per season on lawn, walk 32 per week 20.00 640.00 62.50 2,000.00 75.00 2,400.00 10.00 320.00 125.00 4,000.00 ways and shrub beds. TO BE DONE ON MONDAY'S. Lawn Fertilizer/Weed Control. 3 applications 39 per season to keep lawn green, healthy, and 3 apppcation er 45.00 135.00 190.00 570.00 250.00 750.00 130.00 390.00 500.00 1,500.00 weed free. 40 Tree and shrub spray. 2 applications of insect per 2 30.00 60.00 220.00 440.00 500.00 1,000.00 150.00 300.00 750.00 1,500.00 control for landscape plants per year. application Shrub bed weed control. An annual program 41 of 6 applications to control weeds in shrub beds. 6 application 45.00 270.00 90.00 540.00 250.00 1,500.00 95.00 570.00 500.00 3,000.00 Other Work. -Other labor as requested, to be 42 billed per man hour. 1 per man hr. 70.00 87.50 125.00 105.00 125.00 p Tab 22601 Landscape Maintenance_FINAL.xlsx 7 of 8 a) AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Best Choice Inc dba Evergreen Services Best Choice Inc Quality Spray Rimrock Landscaping Russell Landscaping Uribe Landscaping based on being a responsible bidder and the lowest responsible bid dba Evergreen received. Services BUYER/DATE No.I Description I Qty. I Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Total Schedule Vlil: 2,065.00 6,030.00 11,250.00 4,300.00 22,000.00 Subtotal All Schedules I-VII: 52,869.00 66,802.50 121,435.00 70,205.00 216,810.00 WSST 8.3%: 4,388.13 5,544.61 10,079.11 5,827.02 17,995.23 Grand Total Base Bid: $57,257.13 $72,347.11 $131,514.11 $76,032.02 $234,805.23 Attestation, signed 1/16/26 Comments NY9VDD6WJS63, exp 4/2/26 0 Tab 22601 Landscape Maintenance_FINAL.xlsx 8 of 8