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08/03/2026 07.D. Resolution authorizing award and agmt with Albina Asphalt_liquid asphalt and fog seal products
r 'V ii ....#0 _�ii • i i t, gin.;—* _1a _- '^ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.D. For Meeting of: August 3, 2026 ITEM TITLE: Resolution authorizing award and agreement with Albina Asphalt to purchase liquid asphalt and fog seal products (REET/Capital Funds) SUBMITTED BY: *Scott Schafer, Public Works Director Ken Wilkinson, Acting Public Works Director Christina Payer, Buyer II, Purchasing SUMMARY EXPLANATION: If awarded, the bid will establish unit prices over the next five years for liquid asphalt and fog seal products supplied by the bidder. The City Streets Division uses these products for its maintenance and operations activities. A formal bid process was completed and Albina Asphalt was the lowest responsive bid received from a responsible bidder. The current annual budget is $250,000 from REET and Capital Funds. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: 12615 Resolution.docx 12615 Agreement_Albina Asphalt.pdf Tab 12615 Liquid Asphalt_FINAL_cp_vb.pdf 28 RESOLUTION NO. R-2026- A RESOLUTION authorizing award and agreement with Albina Asphalt to purchase liquid asphalt and fog seal products. (Reet/Capitol Funds) WHEREAS, the City Purchasing Division published notice in the Yakima Herald Republic on June 2 and 4, 2026 and on the city's webpage, through Public Purchase, that Bid 12615 was open for competitive bid; and WHEREAS, bids were due by June 18, 2026, 2:00:00PM PDT. Timely bids 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, bids that were received and deemed to be responsive are included on the attached quote tabulation; and WHEREAS, recommendation of award was made to Albina Asphalt. The City Manager reviewed and approved the recommendation of award on June 23, 2026, as indicated on the attached bid tabulation; and WHEREAS, the bid submittal received from Albina Asphalt meets 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 Albina Asphalt. This is a potential five-year award. The annual budget is currently $250,000. ADOPTED BY THE CITY COUNCIL this 3rd day of August 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 1 29 AGREEMENT City of Yakima Bid 12615 Liquid Asphalt and Fog Seal THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Albina Asphalt, ("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 Bid 12615 Liquid Asphalt and Fog Seal Specifications which are attached as Exhibit A, and the most recent edition of the Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction, Washington State Department of Transportation Material Manual, 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 Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one (1)year from its effective date. The City may, at its option, extend the Contract on a year-to-year basis for up to four (4) additional years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and As a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 6. Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making)such inspection or approval shall not relieve Contractor of responsibility for performance of the 12615 Liquid Asphalt and Fog Seal -Streets Page 1 of 7 30 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. 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 12615 Liquid Asphalt and Fog Seal -Streets Page 2 of 7 31 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. 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 10. 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 contractor's legal duty to furnish information. 11. 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 12615 Liquid Asphalt and Fog Seal -Streets Page 3 of 7 32 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. 12. Contractor's Liability Insurance At all times during performance under this Contract, Contractor shall maintain insurance in limits no less than that stated below. All 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. Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein prior to City's execution of the Contract. Contractor must also include with the Certificate a copy of endorsement(s) that 1) name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, 2) waive subrogation, and 3) states the insurance is primary and non-contributory. This Certificate of insurance and endorsement(s) shall be provided to the City prior to commencement of work. A certificate of insurance that does not include the appropriate endorsement(s) shall not be acceptable. The certificate of insurance shall include a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. 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 Contractors's obligation to maintain such insurance. If Contractor carries higher coverage limits than those outlined below, such limits shall be shown on the Certificate of Insurance and Endorsements. 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 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'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 following insurance is required: a. Commercial Liability Insurance Minimum liability limit of$2,000,000 per occurrence, combined single limit bodily injury and property damage, and $4,000,000 general aggregate. b. Automobile Liability Insurance Minimum liability limit of$2,000,000 per occurrence. The commercial auto liability shall include Hired and Non-Owned coverage. c. Employer's Liability (Stop Gap) Minimum limit of no less than $1,000,000. Contractor is responsible for ensuring subcontractors(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractors's liability or responsibility. 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. Contractor shall procure and maintain at its own expense for the duration of this Contract insurance against injury to persons or damage to property or rights which may arise from, or in connection with the performance of work hereunder by Contractor, its agents, representatives, employees. 12615 Liquid Asphalt and Fog Seal -Streets Page 4 of 7 33 13. Severability The terms, provisions, covenants and restrictions of the Contract, including any modifications or supplements thereto, are severable. Notwithstanding any other language in this Contract, no provision of this Contract, including any modifications or supplements thereto, shall (a) prohibit action that must be taken to establish or maintain the City's eligibility for any federal program; or (b) require the City to act if such action may risk the City's eligibility for any federal program. If any term(s), provision(s), covenant(s) or restriction(s) of the Contract, including any modifications or supplements thereto, or the application thereof (a) is held invalid, void or unenforceable; or (b) prohibits or requires action by the City that may affect or risk the City's eligibility for a federal program, said term(s), provision(s), covenant(s) and restriction(s) shall be ineffective and the remainder of the terms, provisions, covenants and restrictions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 14. Contract Documents This Contract, the Invitation to Bid 12615 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. 15. 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 12615 Liquid Asphalt and Fog Seal -Streets Page 5 of 7 34 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. 16. 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. 17. 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. 18. 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. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. 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. 21. 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. 22. 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. 23. 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. 12615 Liquid Asphalt and Fog Seal -Streets Page 6 of 7 35 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: COPY TO: TO CONTRACTOR: Christina Payer, CPPB Jay Kendall Albina Asphalt Buyer II Street Maintenance Supervisor 400 E. Mill Plain Blvd., Ste. 300 City of Yakima City of Yakima Vancouver, WA 98660 129 North 2nd Street 2301 Fruitvale Blvd. Yakima WA, 98901 Yakima, WA 98901 24. Survival The foregoing sections of this Contract, 1-23 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 ALBINA ASPHALT By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Bid Submittal 12615 Liquid Asphalt and Fog Seal -Streets Page 7 of 7 36 EXHIBIT A - SPECIFICATIONS 37 City of Yakima NOTICE TO BIDDERS BID 12615 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via PublicPurchase.com until the hour of 2:00:00 PM PDT on June 18, 2026 At such time, bids received through Public Purchase will be unencrypted and opened by the Procurement Manager or their designee and witnessed by another staff member in the City of Yakima Council Chambers, in Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 for: Liquid Asphalt and Fog Seal 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 BIDs. 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 May 27, 2026 Publish on June 2 and June 4, 2026 Christina Payer, CPPB Buyer II YHR Account Number 10949 12615 Liquid Asphalt-Streets Page 1 of 2 38 ';�- CITY OF YAKIMA INVITATION TO BID 12615 COVER SHEET THIS IS NOT AN ORDER BID Release Date:June 2, 2026 Bid Receipt: The City's e-Procurement website, PublicPurchase.com, shall receive bid submittals for the above- mentioned bid. Bidders must first register with PublicPurchase.com. Register as early as possible and do not wait until the due date/time to upload your documents, as this may take some time. The City's solicitation management system will not accept electronic responses after 2:00:00 PM, with no exception. Bids shall be firm for acceptance for ninety (90) days after the date of the public Bid opening, unless otherwise noted. Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Streets Division Christina Payer, CPPB 2301 Fruitvale Blvd. Buyer II Yakima, WA 98902 Bids Must be completely uploaded by: Phone E-Mail Address June 18, 2026 PM PDT (509) 576-6696 Christina.paver@vakimawa.gov Public Opening PROJECT DESCRIPTION SUMMARY Liquid Asphalt and Fog Seal Enter Prompt Payment Discount: % net days We/I will complete delivery within hours after receipt of order. A MAXIMUM OF 48 HOURS. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Bid 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 Bid; that this Bid has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Phone ( Fax ( ) Signature of Above Date Email Address 12615 Liquid Asphalt and Fog Seal -Streets Page 2 of 3 39 I. Contents I. Contents 3 II. GENERAL INFORMATION 5 1. Purpose 5 2. Contracting Agency and Point of Contact 5 3. Contract Term 5 4. Best Modern Practices 5 5. Equal/Approved Equal 5 6. Exceptions 5 7. More or Less 5 8. Delivery/Completion 6 9. Delivery Acceptance 6 10. Delivery of Unapproved Substitutions 6 11. Pricing and Discount 6 12. Price Clarifications 6 13. Price Increases 7 14. Price Decreases 7 15. Expansion Clause 8 16. Warranty 8 17. Warranty Coverage 8 18. Permits 8 19. Regulations and Codes 8 20. Prompt Payment 8 21. Payments 8 22. Payment Method-Credit Card Acceptance 9 23. Acceptance of Terms 9 24. Deviations 9 25. Sales Tax 9 26. Tax Revenues 9 27. Clarifications and/or Revisions to Specification and Requirements 9 28. Incurring Costs 9 29. No Obligation to Contract 10 30. Retention of Rights 10 31. Points Not Addressed 10 32. Other City Departments/Like Items Added 10 33. Materials Bought from Different Supplier 10 34. Re-Award 10 35. Errors and Omissions 10 12615 Liquid Asphalt and Fog Seal -Streets Page 3 of 4 40 36. Changes 11 III. SPECIAL TERMS AND CONDITIONS 11 1. National Standards 11 2. Federal Funding 11 3. Prevailing Wages 11 4. Fuel Cost Adjustment 12 5. Tariffs 12 6. Demurrage Charges 13 7. Equipment 13 8. Hazardous Materials 13 9. Spill Clean Up 13 10. No Disturbance 13 IV. BID PREPARATION AND SUBMISSION 13 1. General Instructions 13 2. Submitting a Bid 13 3. Prohibition of Bidder Terms& Conditions 14 4. Multiple Bids 14 5. Withdrawal of Bids 14 V. BIDDERS CHECKLIST 14 VI. EVALUATION AND CONTRACT AWARD 14 1. Bid Evaluation 14 2. Offer in Effect for Ninety(90) Days 14 3. Protest Procedure 15 4. Sample Contract and Terms and Conditions 15 VII. BID FORM 16 ATTACHMENT A—VENDOR QUESTIONNAIRE 17 ATTACHMENT B— BIDDER RESPONSIBILITY FORM 17 ATTACHMENT C— DEBARMENT AND SUSPENSION ATTESTATION 17 ATTACHMENT D- SAMPLE INSURANCE 18 ATTACHMENT E- SAMPLE CONTRACT 21 ATTACHMENT F—FEDERAL FUNDING (2 CFR 200). 21 12615 Liquid Asphalt and Fog Seal -Streets Page 4 of 5 41 GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Liquid Asphalt and Fog Seal in sufficient detail to secure bids on comparable units, equipment parts and material. All parts which are necessary in order to provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength, quality of workmanship and material to that which is usually provided by 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 BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other personnel performing official business for the City regarding this BID shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the Bidder. 3. Contract Term See section 3 of contract. 4. 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. 5. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the bid form. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 6. Exceptions Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid 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 equipment or give an individual bidder who is offering a lesser item a distinct advantage. 7. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For comparison, bids 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 ordered, delivered, and accepted, whether greater or less than the stated amounts. 12615 Liquid Asphalt and Fog Seal -Streets Page 5 of 6 42 8. Delivery/Completion Each bidder is required to list on the Bid Cover Sheet the number of calendar days they expect delivery to be made at the destination, in terms of time interval, following placement of order. All deliveries shall be made within 48 hours of receipt of order. Time of delivery is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Bid. Contractor shall notify the ordering department of the date and approximate time of delivery so division personnel can be available to unload the truck upon arrival. Contractor shall furnish a certificate with each load of asphalt stating that it meets the State of Washington standard specifications. 9. Delivery Acceptance Delivery will be accepted by the City of Yakima Streets Department FOB, destination to the location specified at time of order, between the hours of 4:30 a.m. and 3:00 p.m. Monday through Thursday, ready for regular and safe operation. Important Note: Delivery time to worksite requires prevailing wages. Delivery time to stockpile is not considered prevailing wage. Demurrage is not considered delivery time and is not prevailing wage. 10. Delivery of Unapproved Substitutions Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders placed by the City reveals that an item other than those covered by and specified in the contract have been ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s) returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name from the City bid list for a period of up to three (3) years. 11. Pricing and Discount Pricing: Pricing shall be prepared with the following terms. The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials/product and completing the work provided for in this Bid and every part thereof, except such as 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 bid price. All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract. Bidders must incorporate the cost to comply with the insurance requirements in the bid 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 award. Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 12. 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. 12615 Liquid Asphalt and Fog Seal -Streets Page 6 of 7 43 Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Bid evaluation and contract administration. 13. Price Increases Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager. 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 conditions under which price increases may be granted shall be expressed in Bid documents and contracts or agreements. 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. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: 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 produce a higher profit margin than that on the original contract. 4) Clearly identify the items impacted by the increase. 5) Be filed with Purchasing Manager 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. 7) Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. The PPI Commodity Data is available at https://www.bls.gov/ppi/detailed-report/home.htm#2021 . The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. If no adjustment is mutually agreed upon; the contractor may provide a notice to cancel as outlined in the contract under Section 17, Termination for Convenience. 14. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 12615 Liquid Asphalt and Fog Seal -Streets Page 7 of 8 44 15. 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. 16. Warranty All materials shall have physical and chemical properties to withstand the intended purpose. Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against defects or faulty workmanship and materials by the Contractor. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which is damaged by misuse or abuse. Contractor warrants that all goods and services furnished under this Agreement conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, comply with all applicable safety and health standards established for such products, all goods are properly packaged, and all appropriate instructions or warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product shall carry the same warranty from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of the goods or services. 17. Warranty Coverage Warranty coverage will not commence until the date the completed unit is put into service as reported by the City; or thirty (30) days after final payment for the unit(s); whichever occurs first. 18. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 19. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. 20. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, 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 21. Payments Contractor shall submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To ensure prompt payment each invoice should cite purchase order number, bid 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 (a) the receipt and acceptance of 12615 Liquid Asphalt and Fog Seal -Streets Page 8 of 9 45 the equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 22. 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. 23. 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. 24. Deviations After a purchase order is awarded to a successful bidder, there shall be no deviations from any requirements stated in the published equipment specification(s) during the manufacturing or assembly process of the units offered, without prior approval from the Purchasing Manager, and an official revised purchase order issued by the Purchasing Division. Failure to comply with this requirement constitutes breach of contract; and maybe grounds for order cancellation, without re-stocking fees or damages to the City; or suspension from the City's bidders list. 25. Sales Tax The City of Yakima's sales tax rate (WSST) is currently 8.5%. Effective July 1, 2026, the WSST rate will increase to 8.6%. However, the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 26. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, if determining which bid in the lowest bid, after the tax revenue has been considered. 27. 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 BID document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the BID 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 BID, 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 BID. If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid. 28. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not limited to the cost of preparing and submitting a response, in the conduct of a 12615 Liquid Asphalt and Fog Seal -Streets Page 9 of 10 46 presentation, in facilitating site visits or any other activities related to responding to this BID. 29. No Obligation to Contract This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this BID 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. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 30. Retention of Rights The City retains the right to accept or reject any or all Bids 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 bid. All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 31. 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. 32. 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. 33. Materials Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier, the difference in the Bid 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 Bid award for these products. 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. 34. 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 from original award. 35. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the 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. 12615 Liquid Asphalt and Fog Seal -Streets Page 10 of 11 47 36. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. III. SPECIAL TERMS AND CONDITIONS 1. National Standards The standard specifications as outlined in the 2026 edition of the Washington State Department of Transportation publications "Standard Specifications for Road, Bridge, and Municipal Construction M 41-10", and "Material Manual M 46-01" will serve as the baseline for the products included in this Bid solicitation. The most recent edition along with all applicable standards of APWA, ASTM, ANSI and NSF for liquid asphalt and fog seal, will apply to this procurement. The Washington State Department of Transportation publications can be viewed in the link below. Or they are available on the WA DOT webpage or by calling their Engineering Publications Office at (360) 705-7428. u? shalrjton State E e ai tmei of Transportation Contractor shall furnish a certificate with each load of asphalt stating that it meets the State of Washington standard specifications. 2. Federal Funding Federal funds may be used during the contract period. On the basis of the federal funding that may be part of the funding for the goods and services provided by the Contractor under the Agreement, and to assure compliance with all federal regulations associated with services compensated with federal funds, in addition to the terms of the primary Agreement, upon notification and instruction by the ordering department, the Contractor must also comply with the specific provisions 2 CFR 200, which is fully incorporated herein. If there is any conflict between the terms expressed in the primary Agreement and those set forth in 2 CFR 200, the terms and conditions of 2 CRF 200 shall prevail. 3. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. Prevailing Wages are required to be paid to truck drivers delivering to a Public Works Jobsite(does not apply to delivery to stockpile): 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. 12615 Liquid Asphalt and Fog Seal -Streets Page 11 of 12 48 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 bid submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the bid date, June 2, 2026. 4. Fuel Cost Adjustment No request for a temporary fuel adjustment may be requested for the first six (6) months duration of the Contract. Thereafter, should a statewide or national increase in the cost of fuel exceed a minimum of five (5%) percent, the Contractor may petition the City for a temporary fuel adjustment. In recognition of the difficulty of estimating and anticipating the cost of fuel over the term of the Contract, the parties agree that, subject to the covenants and procedures set forth in this section, the Contractor may submit an additional monthly invoice to reflect increases and/or decreases (decreases would need to be subtracted from the current months invoice) in its cost of fuel used for this service as follows: The Bidder shall include with their Bid on the cost schedule, the fuel cost used to calculate their trip rate and list a cost breakdown to indicate what portion of their service cost is attributed to fuel. If not filled out, no fuel adjustment will be allowed. After the first six (6) month duration of the Contract, the Contractor may submit its request for a cost adjustment to the City on a monthly basis. The difference between the fuel cost used to calculate the bid and the actual fuel cost for the previous month may be invoiced. Prices shall be based on AAA Fuel Gauge Report, WA Metro Averages for Yakima, under the header "Month Ago". This report is available on the web at: http://www.fuelqauqereport.com/WAmetro.asp. The Contractor agrees to submit fuel cost documentation, including a copy of the statement from their fuel supplier, vehicular mileage figures, and other data which may substantiate the cost and use of fuel for the service. Cost adjustments will not be allowed without this documentation. The Contractor agrees that it will, to the maximum extent possible, obtain fuel at the lowest price available to the Contractor, and agrees that the City may require certification from the Contractor of its fuel cost and claimed fuel cost adjustment on each invoice submitted. 5. Tariffs The Contract Price may be adjusted by the amount of an after-imposed federal tax or duty on materials used or consumed for the Project (e.g., tariffs), in accordance with Section 37 Changes, under the following conditions: (1) the federal tax or duty must be imposed or increased after the date of bid opening; (2) Contractor must certify in writing that no amount for such newly imposed federal tax or duty or rate increase was included in the Contract Price, as a contingency reserve or otherwise, nor reimbursed; (3) the actual cost increase in Contractor-paid tax or duty must exceed $1,000.00; (4) the adjustment must reflect the actual costs paid for this project and must not include cost markups, supervision, fees, general conditions, overhead, or any other costs; and (5) Contractor must provide written notice of any such tax or duty change no later than 30 days after having actual knowledge that the new or changed tax or duty would impact material costs for this Project (and no later than 30 days after the first payment of such after-imposed tax or duty on Project materials). Any request for adjustment must be based on actual cost impact, supported by documentation and records of payment, and must identify the specific tariffs, taxes, or duties that have changed and the affected materials. Examples of such documentation may include, but are not limited to, federal notices, tariff schedules, supplier communications, or shipping/import records. The Purchasing Manager, in their discretion, will 12615 Liquid Asphalt and Fog Seal -Streets Page 12 of 13 49 determine the adequacy of the submitted materials on a case-by-case basis and may consider factors such as country of origin, Harmonized Tariff Schedule (HTS) codes, or other relevant details. The City, in its discretion, reserves the right to audit or request additional evidence as necessary. The Contractor must also notify the City of any reductions or relief from such taxes or duties during the contract term, and the City may audit and make appropriate adjustments for any such reductions. 6. Demurrage Charges The successful bidder shall allow City of Yakima two (2) hours unloading time after the liquid asphalt reaches the scheduled road in each maintenance area/jobsite. Any demurrage charges the City is responsible for shall be prepaid by the Supplier and the Supplier shall bill the City accordingly. 7. Equipment All bidders shall have sufficient tank and mixing facilities to meet the specification and time scheduling requirements of the City of Yakima. The Bidder is required to have suitable unloading equipment, truck that can pump or transfer oil, available each working day from 4:30 a.m. and 3:00 p.m. 8. Hazardous Materials If this order covers goods, which include hazardous chemicals, Contractor shall, at the time of product delivery, provide the City with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation. 9. Spill Clean Up The Contractor shall be responsible for all costs resulting from spillage attributable to their negligence, which may occur during transit or unloading operations. The Contractor shall immediately report and clean up any spillage. If Contractor fails to perform the above actions, the City shall take corrective action and back-charge the Contractor for all related costs. 10. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the project area. IV. BID PREPARATION AND SUBMISSION 1. General Instructions Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis for rejection of a bid. Refer to Section V Bidder's Checklist to ensure your Bid is responsive. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid 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 bids due to operator errors, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the 12615 Liquid Asphalt and Fog Seal -Streets Page 13 of 14 50 processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids 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 contract 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 Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 4. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page of their response. 5. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. V. BIDDERS CHECKLIST Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance with Section IV— Bid Preparation and Submission. The list below may not be all inclusive. Be sure to read the entire Bid specifications and submit all documents that are required. • Cover Sheet/Signature Page Page 2 • Bid Form Page 16 • Contractors Questionnaire Page 17 • Bidder Responsibility Form Page 18 • Debarment & Suspension Attestation Page 19 VI. EVALUATION AND CONTRACT AWARD 1. Bid Evaluation The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety (90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid. 12615 Liquid Asphalt and Fog Seal -Streets Page 14 of 15 51 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 St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: rudv.silva©vakimawa.gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID 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 written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid 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. 12615 Liquid Asphalt and Fog Seal -Streets Page 15 of 16 52 VII. BID FORM INVITATION TO BID NO. 12615 To bidder: The city reserves the right to reject any or all bids and to accept any or all items at the price bid. The city intends to award this contract within ninety (90) calendar days. Please bid your lowest price on the products listed below. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Pricing should be all inclusive of materials, equipment, labor, delivery fuel and all surcharges. SCHEDULE 1 Item Description Qty Price Total Price No. Per Unit (without tax) 1. CRS-2P Bitumen (Liquid Asphalt) 750 Tons $ $ 2. CSS-1H Fog Seal (50% Dilute) 120 Tons $ $ SCHEDULE 2 3 Demurrage/Stand-by: Excess over 2 hours unload time Monday-Thursday 4:30 am to 3:00 pm (Not Prevailing Wage) 15 Minutes $ $ 4. Demurrage/Stand-by: Excess over 2 hours unload time after work Hours (Not Prevailing 15 Minutes $ $ Wage) Subtotal: $ Freight/Shipping: INCLUDED FOB Destination *City of Yakima — WA State Sales Tax— Destination Based: 8.5% "(Effective 7/1/26—City of Yakima WSST will increase to 8.6%) Yakima County — 8.2% This field is mandatory. Failure to rnmripte may result in rejection of bid. List discount offered off list price for any other items not specifically listed: OR, Percent markup from cost: 12615 Liquid Asphalt and Fog Seal -Streets Page 16 of 17 53 ATTACHMENT A-VENDOR QUESTIONNAIRE EXCLUDED—Completed form included as part of bid submittal ATTACHMENT B - BIDDER RESPONSIBILITY FORM EXCLUDED—Completed form included as part of bid submittal ATTACHMENT C- DEBARMENT AND SUSPENSION ATTESTATION EXCLUDED—Completed form included as part of bid submittal 12615 Liquid Asphalt and Fog Seal -Streets Page 17 of 18 54 ATTACHMENT D - SAMPLE INSURANCE CCO t1.1 CERTIFICATE OF LIABILITY INSURANCE DIA CURRENTv rf TI#E CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION CI ILY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATINFLY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(sli. AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER_ IMPORTANT: II IA'euljRsiM holder am an ADDITIONAL P4SUREO,the pORRCyf(1 1 enlrlt N L INSURED prohosioNa or be endomed. N SUEROOATION N WANED,auhjact to the urine and tar.samana of IN poky,ern pukka my amgmaira an wldorlePeta+1L A i sIonm nt Oh MIS 011Ftle/G1ee does net CADfth r Ara b the drbf eeks Heider in lieu al such wsdur woiel. tNSURAraGE AGENT NIFATION moms IFLSU4TAT+IC'E AGENT ISSUING CERTVICATE ` E. - &ue.Idol INeruNtNkll arreame11Na cffiU IS -- - - -I1MM S mow*. A-VIII OR EtfTTFR,ADMITTED CARRIER Numb Ih.a.eEP is Enlity Inured AAdrsas c wAmaw0s• coveRassa CERTWCATE NUMBER: RE4n5*ON NUMBER: Thea IS TI]r'FRT1FY THAT TIC PIE In IFS.OFJINSURANCE LISTED BELOW HAVE BEEN ISSUED TO TH -' 13 NAHLLT AIID A ION THE POLICY r'FRUSD INDICATED MOTWITHSTANI)E4c,ANY REQUIREMENT,TERN OR CONOATION OF ANY CONTRACT•- hull ► JSILNT WITH RESPECT TO WHICH THIS 1ERTIFICATE MAY BE IKRIED OR MAV PEHIAea. THE INSURANCE AFFCFIDED BY THE POLICE- SCR(. EREIN IS SUBJECT TO ALL THE 1ERM . EXCLUSIONS AND CONDITIOFI9 rw jjJ i-r PULILAL LIMITS SHOWN MAY HAVE BEEN REDUCED BY „Ir. _ . II0ItT------- LlR I •Mt co ellLNAMCS �jp,p. imam,MIINN 'I i� ',A VGI • LIMB i x enermacum eReem Lumen, occ.clap4cE 1 2.000010 TO 1117.7E j 1 10D,DCD -I_ ( ,OC.X.: , eeAe.s,a t aoosr eeE:�Ern IA.? ar+>�'. f 5.000 A POIICY f0.1erlER i oEe F Arm IMJIfTV s 1.000.00II 44 G£ r Nt r,�,:NEGATE Law'AP'd.1EE rya E 41ENribre Amerman, 1 4 000 00.0 ° � }� JE{T pp� �Oc ranDli.'TC-COMMA ALIO 4 4-OOD.000 S -4Tr1 R - Y r, "..s ALE L14IIT 1 2,0 0,00,1d hLI19Yee1LL LAlier iTr ...+a, ..X ANY AUTO ewucr rr1Le71 I+1ef maw, I A NORD ]T'r EMED P471.ICY _ START STOP - - - ,.reEp04 —errafl 0NEP DATE nATE oaaaAtae m e ,MOOS O+a.T A.Jres C.ILV - A I1edRLLLA UM _ _OCCUR ' LAU14#LURAENGE 1I I IYTT16 LM,B AW]RLIA1E le .ULu Itti RTICRi 1 _ r{{ 1 WOFUIRIIL C47NP[ IATION ;MITE I X.1 L?H ._ AND tan DRe ST 'I ILEA ITV - MITITIIJI lilt.IlIll.T"AIIrNtKlXru'aIIRE YJ .Y � �� A T STOP F1, eM.'teACCICANT 1 1,000QBQ" A t,+r Illimilissyroe in INN,wutu DATE DATE e c u mama 1 1,000.003- rort dee,ele wThP I OP GAP!EL ONLYepee5m e -P91lCxT 1 T-iQ0.0If4 DErMA91E I UM Be ue-hanBNI I LOCA ROAR W*•'eCCRfa OVOID WI.Aeeaa11a11Ie.UI A aaeerlar.4r Ye Ialr7>r II.ere won s nnr+.41 The Cily ur Yakima.inn dwells,rIIINkJyeue.auUwrleed vulurlleere.eIeded end iyirulrded oM1elala are liLluded a[PrimamplowConitrIbulaiy IlddillOnal ineurea with a waver of SuDrOdeti@r, See eltaehed Adddlunel Insured Errlollement CERTIFICATE MOLDER CANCELLATION AHOIJLD ANY OF THE ABOVE DEaCR®POLIGIEB HE CANCELLLO BBLF(1RE THE a7UwtAT1ON DATE THEREOF, NOTICE MILL BE DEJJVLRELI IN City of Y�IYakimaACCORDANCEWITH THE POLICY PROVISIONS RIeT2laelau Dlperahar l NJTNCIraIED FEPAtPEWYATM 1211 N.2rid St Valhalla,WAN 191-.1 1 SIGNATURE £19414 2D I A ACC CORtORATIDei. AI riBhte raaerrrsd. AL ORO 25 l201i103) The*CORO name and logo are registered marks of ACORD 12615 Liquid Asphalt and Fog Seal -Streets Page 18 of 19 55 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 Persons( Or Organization(s): L (sp Of Covered Operations The City of Yakima,its agents.employees,aathorzed volunteers,elected and appointed officials are i^eluded asPrimary/Mori-Contributoryadditional insured. Information required to complete this Sched if not ve,will be shown in the Declarations. A Section II — Who Is An Insure. -men o B. With respect to the insurance afforded to these include as an additional insured - s additional insureds, the following additional exclu- oxganization(s) shown in the Sc = .. ly lions apply with respect to liability for 'ly in). , 'property This insurance does not apply to'bodily injury' or damage' or 'person nd adve 'rig injury' "property damage"occurring after caused, in whole or in b 1. All work, including materials, parts or equip- 1. Your acts or omission , merit 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 principal as a part of the same project 12615 Liquid Asphalt and Fog Seal -Streets Page 19 of 20 56 POLICY NUMBER:CGD300084907 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This 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 PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Persan(sl Or Organization(s): Where required by written contract or agreement execut, to (- • where not permitted by law}. Information required:o complete this Schedule,if • , ,,A •ve,will be shown in the Declarations. The fallowing is added to Paragraph 8. Tr. �_ Rights Of Recovery Against Oth.-rs To Section IV—Conditions: We waive any right of recovery again- - - s or organization(s) shown i S.- ►►T"' - above because of payments we nder t Coverage Part. Such waiver by us ies h- xtent that the insured has waived . f very against such person(s) or organization s) to loss. This endorsement applies only person(s) or organization(s)shown in the Schedule above- 12615 Liquid Asphalt and Fog Seal -Streets Page 20 of 21 57 ATTACHMENT E - SAMPLE CONTRACT EXCLUDED ATTACHMENT F — FEDERAL FUNDING (2 CFR 200). When spending Federal Funding, the City complies with and has a separate policy for "Uniform Administrative Requirement, Cost Principals, and Audit Requirements for Federal Awards", published in Title 2 of the Code of Federal Regulations, (2 CFR 200), specifically 2 CFR 200.318 through 200.326. 2 CFR 200 Procurement Standards for when utilizing Federal Funds (Adapieu iur city of raxirrra use to comply with 200.3 le through zoo.3z6) 200.318 General procurement standards. 200.319 Competition. 200.320 Methods of procurement to be followed. 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. 200.322 Procurement of recovered materials. 200.323 Contract cost and price. 200.324 Federal awarding agency or pass-through entity review. 200.325 Bonding requirements. 200.326 Contract provisions. 1. General procurement standards. (Adapted from §200.318) A. Conform to Federal Law: The City uses its own documented procurement procedures which reflect applicable State, local, laws and regulations, providing for procurements that conform to applicable Federal law and the standards identified in these Procurement Standards. B. Oversight: City Attorney shall maintain oversight when procuring Equipment, Materials, Services and Limited Public Works, to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. C. Conflict of Interest: City maintains written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts in the City. In addition, no employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the City may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. D. Organizational Conflicts of Interest: If the City has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the City maintains written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or 12615 Liquid Asphalt and Fog Seal -Streets Page 21 of 22 58 subsidiary organization, the City entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. E. Most Economical Approach: The City must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. F. Intergovernmental Procurements: To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the City is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. G. Federal Surplus: The City is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. H. Value Engineering: The City is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. I. Responsible Contractor: The City must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also §200.213 Suspension and debarment. J. Records: The City must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. K. Time and Materials Contracts: The City entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a City is the sum of: i. The actual cost of materials; and ii. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. L. Ceiling Price: Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the City awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. M. Issues: The City alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the City unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015] 2. Competition. (Adapted from §200.319) 12615 Liquid Asphalt and Fog Seal -Streets Page 22 of 23 59 A. Full and Open Competition: All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: B. Unreasonable Requirements: Placing unreasonable requirements on firms in order for them to qualify to do business; C. Unnecessary Experience and Bonding: Requiring unnecessary experience and excessive bonding; D. Noncompetitive Pricing: Noncompetitive pricing practices between firms or between affiliated companies; E. Noncompetitive Contracts: Noncompetitive contracts to consultants that are on retainer contracts; F. Organizational conflicts of interest: G. Brand Name: Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and H. Arbitrary Actions: Any arbitrary action in the procurement process. I. Geographical Preferences: The City will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. J. The City ensures that all solicitations: i. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and ii. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. iii. The City ensures that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the City must not preclude potential bidders from qualifying during the solicitation period. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] 3. Methods of procurement to be followed. (Adapted from §200.320) 12615 Liquid Asphalt and Fog Seal -Streets Page 23 of 24 60 The City must use one of the following methods of procurement. A. Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (§200.67 Micro-purchase). To the extent practicable, the City must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the City considers the price to be reasonable. B. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. C. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (C)(i) of this section apply. i. In order for sealed bidding to be feasible, the following conditions should be present: 1) A complete, adequate, and realistic specification or purchase description is available; 2) Two or more responsible bidders are willing and able to compete effectively for the business; and 3) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. 4) If sealed bids are used, the following requirements apply: a) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids (11 days for the City in 2 issues and 13 days for the County in 2 issues). The invitation for bids must be publicly advertised; b) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; c) All bids will be opened at the time and place prescribed in the invitation for bids, and opened publicly; d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and e) Any or all bids may be rejected if there is a sound documented reason. D. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; ii. Proposals must be solicited from an adequate number of qualified sources; 12615 Liquid Asphalt and Fog Seal -Streets Page 24 of 25 61 iii. The City must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; iv. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and v. The City may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (NE) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. vi. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: 1)The item is available only from a single source; 2)The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; 3)The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the City; or 4)After solicitation of a number of sources, competition is determined inadequate. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015 4. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (Adapted from §200.321) A. The City must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. B. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists (forward requests to Purchasing); ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, and Montana Department of Transportation https://www.mdt.mt.gov/business/contracting/civil/dbe.shtml.; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i)through (ii) of this section. 12615 Liquid Asphalt and Fog Seal -Streets Page 25 of 26 62 5. Procurement of recovered materials. (Adapted from §200.322) The City must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 20141 6. Contract cost and price. (Adapted from §200.323) A. The City must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the City must make independent estimates before receiving bids or proposals. B. The City must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractors investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. C. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City. The City may reference its own cost principles that comply with the Federal cost principles. D. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. 7. Federal awarding agency or pass-through entity review. (Adapted from §200.324) A. The City must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the City desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. B. The City must make available upon request, for the Federal awarding agency or pass-through entity pre- procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: i. The City's procurement procedures or operation fails to comply with the procurement standards in this part; ii. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; iii. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; 12615 Liquid Asphalt and Fog Seal -Streets Page 26 of 27 63 iv. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or v. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. C. The City is exempt from the pre-procurement review in paragraph (ii) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. D. The City may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis; E. The City may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the City that it is complying with these standards. The City must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. 8. Bonding requirements. (Adapted from §200.325) For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the City provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 9. Federal Contract provisions. (Adapted from §200.326) Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 12615 Liquid Asphalt and Fog Seal -Streets Page 27 of 28 64 (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are 12615 Liquid Asphalt and Fog Seal -Streets Page 28 of 29 65 unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.323. (K) See § 200.216. (L) See §200.322. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] 12615 Liquid Asphalt and Fog Seal -Streets Page 29 of 29 66 EXHIBIT B - CONTRACTOR'S SUBMITTAL 67 CITY OF YAKIMA INVITATION TO BID 12615 "d COVER SHEET THIS IS NOT AN ORDER ID Release Date:June 2, 2026 Bid Receipt: The City's e-Procurement website, PublicPurchase.com, shall receive bid submittals for the above- mentioned bid. Bidders must first register with PublicPurchase.com. Register as early as possible and do not wait until the due date/time to upload your documents, as this may take some time. The City's solicitation management system will not accept electronic responses after 2:00:00 PM, with no exception. Bids shall be firm for acceptance for ninety (90) days after the date of the public Bid opening, unless otherwise noted. urchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Streets Division Christina Payer, CPPB 2301 Fruitvale Blvd. Buyer II Yakima, WA 98902 ids Must be completely uploaded by: Phone E-Mail Address lune 18, 2026 PM PDT (509) 576-6696 Christina.paver(c�yakimawa.gov Public Opening 0 PROJECT DESCRIPTION SUMMARY Liquid Asphalt and Fog Seal 0 % net 30 days We/I will complete deliverywithin _12-24hours after Inter Prompt Payment Discount: _ _ y P receipt of order. A MAXIMUM OF 48 HOURS. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required VX I hereby acknowledge receiving addendum(a) N/A, (use as many spaces as addenda received) t signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken ny 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 Bid; that this Bid has een independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to to opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. urthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or ervices on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any ?sponsibility or involvement in the purchase orders or contracts issued by other public agencies. Je will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. :ompany Name Albina Asphalt Company Address 400 E.Mill Plain Blvd.,STE 300,Vancouver,WA 98660 lame of Authorized Company Representative(Type or Print) Title Sales and Marketing Mgr Phone ( 360 )965-7126 Kye Arntson Fax ( N/A ) ignature of Above Date Email Address 6/18/2026 kyle.arntson@albina.com 12615 Liquid Asphalt and Fog Seal -Streets Page 2 of 38 68 VII. BID FORM INVITATION TO BID NO. 12615 To bidder: The city reserves the right to reject any or all bids and to accept any or all items at the price bid. The city intends to award this contract within ninety (90) calendar days. Please bid your lowest price on the products listed below. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Pricing should be all inclusive of materials, equipment, labor, delivery fuel and all surcharges. SCHEDULE 1 Item Price Total Price No. Description Qty. Per Unit (without tax) 1. CRS-2P Bitumen (Liquid Asphalt) 750 Tons $578.50/ton $433,875.00 2. CSS-1 H Fog Seal (50% Dilute) 120 Tons $378.50/ton $45,420.00 SCHEDULE 2 3 Demurrage/Stand-by: Excess over 2 hours unload time Monday-Thursday 4:30 am to 3:00 pm (Not Prevailing Wage) 15 Minutes $3.00 $45.00 4. Demurrage/Stand-by: Excess over 2 hours unload time after work Hours (Not Prevailing 15 Minutes $3.00 $45.00 Wage) Subtotal: $479,385.00 Freight/Shipping: INCLUDED FOB Destination *City of Yakima — WA State Sales Tax — Destination Based: 8.5% *(Effective 7/1/26—City of Yakima WSST will increase to 8.6%) Yakima County— 8.2 This field is mandatory. Failure to complete may result in rejection of bid. List discount offered off list price for any other items not specifically listed: I OR, Percent markup from cost: N/A 12615 Liquid Asphalt and Fog Seal -Streets Page 16 of 38 69 ATTACHMENT A-VENDOR QUESTIONNAIRE INSTRUCTIONS: Provide the requested information. If the City requires further description, the City may request Bidder to provide such information within a mandatory due date. You must submit this fully completed form with your Bid Submittal. Failure to submit fully completed form may result in disqualification of your Bid Submittal. VENDOR INFORMATION Bidder's Legal Name: Kent's Oil Service DBA Albina Asphalt Company's dba: (if applicable) Albina Asphalt CEO/President SAM.GOV Unique Name: Greg Arntson Entity ID: KH8NCEJW4GY7 Business Federal License No. CC ALBINFC950ME UBI No. 605-632-206 EIN No. 68-0195867 Phone (360) 816-8016 Toll Free Phone (800)888-5048 FAX N/A E-Mail Address asphalt@albina.com Mailing Address 400 E. Mill Plain Blvd., STE 300 City Vancouver State WA Zip + 4 98660 + 3396 Physical Address 400 E. Mill Plain Blvd., STE 300 City Vancouver State WA Zip + 4 98660 + 3396 Name the person to contact for questions concerning this bid proposal. Name Kyle Arntson Title Sales and Marketing Manager Phone (360) 965-7126 Toll Free Phone N/A FAX N/A E-Mail Address kyle.arntson@albina.com Mailing Address 400 E. Mill Plain Blvd., STE 300 City Vancouver State WA Zip + 4 98660 + 3396 Physical Address 400 E. Mill Plain Blvd., STE 300 • City Vancouver State WA Zip + 4 98660 + 3396 OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: X No: Please explain: Kent's Oil Service DBA Albina Asphalt is a subsidiary of Knife River- Energy Services Division 12615 Liquid Asphalt and Fog Seal -Streets Page 17 of 38 70 ATTACHMENT B — BIDDER RESPONSIBILITY FORM BIDDER RESPONSIBILITY FORM Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor#: CC ALBINFC950ME Effective Date: 07/05/2005 Expiration Date: 03/03/2028 2. Have a current Washington Unified Business Identifier(UBI) number; UBI #: 605-632-206 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; # 000-944864-00-3 c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # 605-632-206 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? _ No (Yes/No) 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. Does Contractor have violations? No (Yes/No) 6. For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320, 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) 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Completed X Exempt ❑ Is Contractor in compliance? Yes (Yes/No) 12615 Liquid Asphalt and Fog Seal -Streets Page 18 of 38 71 ATTACHMENT C — DEBARMENT AND SUSPENSION ATTESTATION i ;,- \ CITY OF YAKIMA PURCHASING DIVISION 129 North 2rd 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 1 8 day of juuF ,Oa,. Contractor's Name P U3LaA ASpIkALT Name and Title of Authorized Representative KOLE A R N1 -3c t Va A PAIN I`M *Ave.. Signature of Authorizedut/�Representative /k O(509)575-6093 F i509)576-6394 E purch'9yakimawa gov W.wrw yakimawa gov/seriices/purdhasmg Last Modified:11/18/24 12615 Liquid Asphalt and Fog Seal -Streets Page 19 of 38 72 Bid Tabulation & Comparison „' Project: Liquid Asphalt and Fog Seal "//t_________ t }` Bid Opening: June 18, 2026 2:00:00 PM y Manager `0,,:°; f Project No.: 12615 Project Manager: Jay Kendall, Street Maintenance Supevisor Contract Term: 5 Years AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Albina Asphalt based on theirs being Albina Asphalt Ergon Asphalt & Western Emulsions the lowest responsive bid received from a responsible bidder. Emulsions NciA4cAtL9Atifit,(5111. ! ( (,/. 3i.x. BUYEFi/ DATE No.I Description I Qty. I Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Schedule I 1 CRS-2P Bitumen (Liquid Asphalt) 750 Tons 578.50 433,875 00 779.00 584,250.00 585.00 438,750.00 2 CSS-1H Fog Seal (50% Dilute) 120 Tons 378.50 45,420.00 654.00 78,480.00 485.00 58,200.00 Subtotal Schedule I: 479,295.00 662,730.00 496,950.00 Schedule II Demurrage/Stand-by: Excess over 2 hours unload time Monday-Thursday 4:30 Minut 3 Y Y 15 es 45.00 40.00 60.00 am to 3:00 pm (Not Prevailing Wage) Demurrage/Stand-by: Excess over 2 4 hours unload time after work Hours 15 Minut 45.00 40.00 60.00 (Not Prevailing Wage) es Subtotal Schedule II: 90.00 80.00 120.00 Subtotal Schedules MIL 479,385.00 662,810.00 497,070.00 WSST 8.5%: 40.747.73 56,338.85 42,250.95 Grand Total: $520,132.73 $719,148.85 $539,320.95 Delivery Time: 12-24 hours 16 hours 24 hours Payment Discount/Terms: 0%, net 30 days 0%, net 0 days 0%, net NA days Discount offered off list price for other items not specifically 1% 0% 0% listed: Tab 12615 Liquid Asphalt_FINAL.xlsx 1732 AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name I recommend award to Albina Asphalt based on theirs being Albina Asphalt Ergon Asphalt & Western Emulsions the lowest responsive bid received from a responsible bidder. Emulsions BUYER I DATE No.1 Description I Qty. I Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Contact: Kyle Arntson Stan Brogdon Steve Olsen Phone: 360-965-7126 509-545-9864 208-449-2319 Email: kvle.arntson@albina.com stan.brogdon@ergon.com solsen@idahoasphalt.com Tab 12615 Liquid Asphalt_FINAL.xlsx :742