HomeMy WebLinkAboutR-2022-005 Resolution awarding Bid 12132 and authorizing contracts with Day Management Corporation and Financial Consultants International for provision of Police vehicle up-fitting servicesA RESOLUTION
RESOLUTION NO. R-2022-005
authorizing award of BID 12132 and execution of an agreement with Day
Management Corp, and Financial Consultants Intl, Inc., to purchase
Police Vehicle Up -fitting Services.
WHEREAS, the City posted and published notice on November 15 and 16, 2021 in the
Yakima Herald Republic and on the city's webpage that BID No. 12132 was available for
competitive bid; and
WHEREAS, Bids were due November 29, 2021 at 11:00 a.m.; bids that were timely
received were publicly opened in City Council Chambers in Yakima, Washington; and
WHEREAS, the following Bids were received, as evidenced by the attached Bid
Tabulation Form; and
WHEREAS, all responsive Bids were sent to the Yakima Police Department for
Recommendation of Award; and
WHEREAS, Day Management Corp, and Financial Consultants Intl, Inc., were the only
responsive Bids received, by responsible bidders; the Yakima Police Department recommends
Contract Award be issued to Day Management Corp, and Financial Consultants Intl, Inc., and
that the City Manager execute Contracts; and
WHEREAS, the Scope of Work and available budget meet the needs and requirements
of the City of Yakima for this procurement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Bid is hereby awarded and the City Manager is hereby authorized to execute
Contracts with Day Management Corp, and Financial Consultants Intl, Inc., attached hereto and
incorporated herein by this reference, in the total amount of $288,743 for the procurement of
Police Vehicle Up -fitting Services.
ADOPTED BY THE CITY COUNCIL this 4th day of January, 2022.
ATTEST:
Sonya Claar Tee, City Clerk
y�L�CL%f
Janice Deccio, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.G.
For Meeting of: January 4, 2022
Resolution awarding Bid 12132 and authorizing contracts with Day
Management Corporation and Financial Consultants International
for provision of Police vehicle up -fitting services
Maria Mayhue, Purchasing Manager
Christina Payer, Buyer I I
SUMMARY EXPLANATION:
On November 15, 2021, the city of Yakima solicited Bid 12131 titled Up -fitting of New Police
Vehicles. Bids were solicited to provide vehicle up -fitting for 55 new vehicles for the Yakima
Police Department.
Recommendation for a multiple award was made to Day Management Corp, and Financial
Consultants Intl, Inc., and approved by Lt. Ira Cavin and Chief of Police Matthew Murray, followed by
approval from the City Manager Bob Harrison. They were equally awarded schedule 1 — Up -fitting
(51) 2022 Ford Police Interceptor Utility vehicles and schedule 2 — Up -fitting (1) 2022 Ford Police
Interceptor Utility vehicle. Vehicle up -fitting involves labor necessary to install and connect wiring of
supplied equipment (partitions, lightbars, modems and antenna, etc.) into vehicles.
Due to the size of the project and to expedite the process of placing vehicles into service, it was in the
city's best interest to make a multiple award. This contract is for one year, with the possibility of four
additional automatic annual renewals. The estimated award amount is $228,743.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
2
❑ Resolution awarding Bid 12132 12/14/2021 Resolution
❑ 12132 Bid Tabulation 12/14/2021 Backup Material
❑ 12132 Agreement with Day Management 12/14/2021 Contract
❑ 12132Agreement with Financial Consultants 12/14/2021 Contract
❑ Contract ExhibitA-Applies to both contracts 12/14/2021 Exhibit
❑ Contract Exhibit B - Day Management 12/14/2021 Exhibit
❑ Contract Exhibit B - Financial Consultants 12/14/2021 Exhibit
AGREEMENT
CITY OF YAKIMA
Bid 12132
Upfitting of New Police Vehicles
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Day Management Corporation, ("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 12132 Upfitting of New Police Vehicles
Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards,
all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit
includes the specifications 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 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 provided, however, that either party may at any
time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice
in writing to the other party of its intention to cancel. 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. Prices shall remain
firm for the first twelve-month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved,
change will be made 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.
5. 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.
6. Successors and Assigns
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.
The Contractor for himself, and for his 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.
7. 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.
8. Inspection and Production of Records
The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but
the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or
non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to
the Services will be provided to the City upon the City's request.
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.
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.
The terms of this section shall survive any expiration or termination of this Contract.
9. 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.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
11. 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.
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 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima at their own expense, without regard to whether such corporation
is actually awarded the contract, and in the event that the award is made, prior to conducting any business
in the City.
12. Nondiscrimination
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, 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.
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.
13. 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, except for claims caused by the City's sole negligence.
The City's right to indemnification includes attorney's fees costs associated with establishing the right to
indemnification hereunder in favor of the City.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or
costs and expenses, including reasonable attorneys' fees.
c. 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.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability,
including the duty and cost to defend, shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance
in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall
be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed
officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such
higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials,
employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the
State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability
shall include Hired and Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than
$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor agrees to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure
of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Automobile Liability $2,000,000 Per Occurrence
Garage Liability: $1,000,000 Minimum Limit
Garage Keepers Liability: $200,000 Minimum Limit
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and shall not contribute to it.
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.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12132 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.
17. Termination - Convenience
This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become
effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract.
18. Termination - Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of
Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions
contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days
after the notice is mailed first class mail, certified with return receipt requested.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war,
riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of
such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County, Washington.
22. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and
provisions of this Contract.
23. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered
in person or by overnight courier, facsimile or first-class mail, certified with return receipt requested. Notices to the parties
shall be delivered to:
TO CITY:
Bob Harrison, City Manager
City of Yakima
City Hall —First Floor
129 North Second Street
Yakima, WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer II
City Hall —First Floor
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: Day Management Corporation
4700 SE International Way
Milwaukie, OR 97222
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.
CI , OF YAKIMA
City Manager o�
Date: L 1Od�
Attest:
CITY CONTRACT N
RESOLUTION NO'
DAY MANAGEMENT CORPORATION
By:
Date: 12/7/2021
Brent McGraw
(Print name)
Exhibit A
(Specifications)
CITY OF YAKIMA PURCHASING DIVISION
• 129 North 2nd Street • Yakima, Washington • 98901 • (509) 575-6093
November 18, 2021
Dear Sir or Madam:
Subject: Bid No. 12132 Upfitting of New Police Vehicles
Addendum No. 1— Question/Answer to Bid Specifications
Question:
Will the city or contractor provide the following:
• (2) small relays
• (2) fuse blocks
Answer:
• The contractor is to provide any needed relays or fuses.
• The city will provide the fuse blocks and they will be the Blue Sea 5032 block.
Please acknowledge receipt of this addendum on the Cover Sheet, page two (2), of the Bid
document.
If you have any questions please contact me at (509) 576-6696.
Sincerely,
ChAillifliv eitp,
Christina Payer, CPPB
Buyer II - City of Yakima Purchasing
CC: Lt. Ira Cavin, Police Department
File
M (509) 575-6093 D (509) 576-6696 F (509) 576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing
City of Yakima
NOTICE TO BIDDERS
BID 12132
Notice is hereby given by the undersigned that electronic sealed Bids will be
accepted via PublicPurchase.com until the hour of 11:00:0o AM PST on
November 29, 2021. Bids will be publicly opened in Yakima City Hall, Council
Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids
will be publicly read for: Upfitting of New Police Vehicles
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 November 10, 2021. Publish on November 15 and 16, 2021
Christina Payer, CPPB
Buyer II
12132 Upfitting of New Police Vehicles Page 1 of 28
CITY OF YAKIMA INVITATION TO BID 12132
COVER SHEET
THIS IS NOT AN ORDER
BID Release Date: November 15, 2021
Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into
PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due
date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a
Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days
from date of Bid opening, unless otherwise noted
BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For:
City of Yakima Police Department
200 S 3rd Street
Yakima, WA 98901
Buyer in charge of this procurement (Contact for further information):
Christina Payer, CPPB
Buyer II
Bids Must be completely uploaded by
November 29, 2021 at 11:00:0o AM PST
Public Opening 0
Phone
E-Mail Address
(509) 576-6696 christina.payer(a�yakimawa.gov
PROJECT DESCRIPTION SUMMARY
Upfitting of New Police Vehicles with Supplied Parts
Contractor to Supply Shop Supplies for
(55) 2022 Ford Police Interceptor Utility Vehicles
Enter Prompt Payment Discount:
% net days
We/I will complete project within days after receipt of
order.
❑ 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
12132 Upfitting of New Police Vehicles Page 2 of 28
Invitation to Bid #12132
I, Contents
II. GENERAL INFORMATION 5
1. Purpose 5
2. Contracting Agency and Point of Contact 5
3. New and Unused 5
4. Best Modern Practices 5
5. Equal/Approved Equal 5
6. Exceptions 5
7. More or Less 6
8. Published List Prices 6
9. Delivery/Completion 6
10. Use of Unapproved Substitutions 6
11. Contract Term 6
12. Pricing and Discount 6
14. Price Clarifications 6
15. Price Increases 7
16. Price Decreases 7
17. Expansion Clause 8
18. Warranty 8
19. Warranty Coverage 8
20. Permits 8
21. Regulations and Codes 8
22. Prompt Payment 8
23. Payments 8
24. Payment Method - Credit Card Acceptance 9
25. Acceptance of Terms 9
26. Sales Tax 9
27. Tax Revenues 9
28. Clarifications and/or Revisions to Specification and Requirements 9
29. Incurring Costs 9
30. No Obligation to Contract 10
31. Retention of Rights 10
32. Points Not Addressed 10
33. Other City Departments/Like Items Added 10
34. Services Bought from Different Supplier 10
35. Re -Award 10
12132 Upfitting of New Police Vehicles Page 3 of 28
36. Errors and Omissions . 10
37 Changes 11
38. Deviations 11
39 Inspection of Bidder's Facility 11
III. PREPARING AND SUBMITTING A BID 11
1. General Instructions. 11
2. Submitting a Bid 11
3. Prohibition of Bidder Terms & Conditions 11
4. Multiple Bids 12
5. Withdrawal of Bids 12
IV. BIDDERS CHECKLIST 12
V EVALUATION AND CONTRACT AWARD 12
1. Bid Evaluation: 12
2. Offer in Effect for Ninety (90) Days . 12
3. Protest Procedure 12
VI. SCOPE OF WORK. 14
1. 51 STANDARD PATROL VEHICLES 14
2. 4 SUPERVISOR PATROL VEHICLES 15
VII. BID FORM .. .16
VIII. CONTRACTOR QUESTIONNAIRE 17
IX. CONTRACTOR REFERENCES 19
X. SAMPLE CONTRACT 20
XI. SAMPLE CERTIFICATE OF INSURANCE ... 27
12132 Upfitting of New Police Vehicles Page 4 of 28
INVITATION TO BID #12132
Upfitting of New Police Vehicles
II. GENERAL INFORMATION
1. Purpose
It is the intent and purpose of these specifications to describe Upfitting of New Police Vehicles 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 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. New and Unused
All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current
production. All materials shall have physical and chemical properties to withstand the intended purpose.
Equipment design shall have sufficient excess capacity for durability and safety.
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 so 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.
Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to
devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage.
12132 Upfitting of New Police Vehicles Page 5 of 28
7. More or Less
Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of 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 actually ordered, delivered, and accepted, whether greater or less than the stated
amounts.
8. Published List Prices
If applicable, a copy of your published list prices shall be included in the Bid package. Each Bidder shall bid a
percentage discount based on this published list in the space provided on the Price /Cost Sheet.
It is understood that the discount quoted on this Bid shall be based on the attached published list price and
these shall be the prices paid during the life of the contract.
9. Delivery/Completion
Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made
at the destination, in terms of time interval, following placement of order. Time of delivery/completion 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.
10. Use of Unapproved Substitutions
Contractors are authorized to only use those items covered by the contract. If a review by the City reveals that
an item other than those covered by and specified in the contract have been used, 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 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. Contract Term
See Section 3 of Contract
The period of this contract shall be for a period of one year from its effective date. Contract may be extended
on the anniversary date for one (1) additional one (1) year periods, not to exceed five (5) years total.
12. Pricing and Discount
The City qualifies for governmental discounts. Unit prices shall reflect these discounts.
14. Price Clarifications
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders.
Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can
be achieved.
Unit prices shown on the 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.
Any increase proposed 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
12132 Upfitting of New Police Vehicles Page 6 of 28
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.
15. Price Increases
Pricing shall be prepared with the following terms. 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.
Prices shall remain firm for the first twelve-month period of the contract.
Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below.
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:
a. 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).
b. Incurred after contract commencement date.
c. Not produce a higher profit margin than that on the original contract.
d. Clearly identify the items impacted by the increase.
e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the
effective date of proposed increase.
f. Be accompanied by detailed documentation acceptable to the Purchasing Manager
sufficient to warrant the increase.
g. 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. A link to the PPI Commodity Data is available
at http://data.bls.gov/PDQ/outside.isp?survey=wp.
The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the
adjustment.
16. 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.
12132 Upfitting of New Police Vehicles Page 7 of 28
17. 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.
18. Warranty
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 for three (3) years or 36,000 miles following
inspection and acceptance of the products by the City. Warranty shall include all costs incurred, including
shipping, for repair or replacement except that which is damaged by misuse or abuse. This three (3) year or
36,000 miles warranty shall in no way affect normal extended or manufacturer's warranty exceeding this three
(3) year or 36,000 miles period. Contractor warrants that all goods and services furnished under this Agreement
are new, 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 will be warrantied for three (3) years or 36,000 miles 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.
19. 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.
20. Permits
All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the
City.
21. 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.
22. 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
23. Payments
Contractor is to submit properly completed invoice(s) to:
City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901.
12132 Upfitting of New Police Vehicles Page 8 of 28
To insure 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 the equipment, (b)
properly completed invoice, and (c) all papers required to be delivered with equipment.
24. 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.
25. 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.
26. Sales Tax
The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in
determining which bid is the lowest and best bid.
27. Tax Revenues
RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies,
materials, and equipment, including those from a local sales tax or from a gross receipts business and
occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered.
28. 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.
29. 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 presentation, in facilitating site
visits or any other activities related to responding to this BID.
12132 Upfitting of New Police Vehicles Page 9 of 28
30. 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".)
31. Retention of Rights
The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these
specifications, and which would be in the best interest of the City and will not necessarily be bound to accept
the low 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.
32. 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.
33. 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.
34. Services Bought from Different Supplier
Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined
delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought
from a different supplier, the difference in the 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.
35. 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.
36. 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.
12132 Upfitting of New Police Vehicles Page 10 of 28
37. 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.
38. 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 may be
grounds for order cancellation, without re -stocking fees or damages to the City; or suspension from the City's
bidders list.
39. Inspection of Bidder's Facility
Prior to awarding the contract, the City and/or its representative(s) may inspect the manufacturing and/or
service facility of the apparent low bidder to verify that the apparent low bidder has the facility, equipment,
personnel, and experience to repair, service and support the equipment offered.
III. PREPARING AND SUBMITTING A BID
1. General lnstructions
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 IV 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 error, electronic malfunction, system errors or interruptions
affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to
make exceptions for extenuating circumstances.
Bids are not considered to be confidential per 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 a 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.
12132 Upfitting of New Police Vehicles Page 11 of 28
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.
IV. BIDDERS CHECKLIST
1. Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance
with Section III - Preparing and Submitting a Bid.
• Cover Sheet/Signature Page Page 2
• Warranty Information Page 8
• Bid Form Page 19
• Contractor Questionnaire Page 15-18
• Contractor References Pages 19
V. 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.
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: maria.mayhue@yakimawa.gov. The protest shall clearly state the
specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being
requested. Protests based on specifications/scope of work, or other terms in the 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:
12132 Upfitting of New Police Vehicles Page 12 of 28
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.
12132 Upfitting of New Police Vehicles Page 13 of 28
VI. SCOPE OF WORK
The city of Yakima Police Department, through the Purchasing Division, is soliciting bids for police vehicle upfitting. The
Department has purchased (55) 2022 Ford Police Interceptor Utility vehicles for patrol use. 51 are designated for
standard patrol use, and 4 are designated for patrol supervisor use. Eligible bidders must be appropriately licensed and
located within the state of Washington to qualify, and must have been doing business as a police vehicle upfitter for at
least 5 years. Bidders shall offer a warranty on shop supplied materials and workmanship for at least 3 years or 36,000
miles or greater. Work is expected to begin in January of 2022, and should be completed within 90 days of start of
project. Bidders should include how many vehicles they could complete within 90 days.
Due to the size of the project and to expedite the process of placing vehicles into service, multiple awards will be
considered for this project. Submitted bids shall include all necessary shop supplies and labor necessary to install and
connect wiring to the following equipment, which will be supplied by the Yakima Police Department or pre -installed by
the vehicle dealer where indicated:
1. 51 STANDARD PATROL VEHICLES
• SETINA 10XL-C front prisoner partition (Shipped uninstalled)
• SETINA 12VS rear prisoner partition (Shipped uninstalled)
• Dual Weapon lock (BLAC-RAC 1082e and Universal XL Mounts)
• Whelen Liberty 2 WCX DUO LED 48" Lightbar
• Whelen PE-215 Pre-emption power supply (Module installed in lightbar)
• Whelen CENCOM CORE controller w/ standard 123db siren speaker, 21 button slide bar control head
• Whelen Vehicle to Vehicle module
• Whelen Tracer Running Board 6 Lamp LED (Driver and Passenger)
• Whelen HOWLER siren amplifier and speaker (Will require removal and re -install of front bumper cover, SETINA
PB450L4 and SETINA PB5 Wraps)
• HAVIS C-TTP-INUT-1201 Rear Trunk Mount w/bottom tray and extender filler plate
• HAVIS C-VS-INUT-0618 Flat Center Console, with appropriate filler plates for emergency equipment controllers
• HAVIS MDC mount 8.5" telescoping pole
• Gamber-Johnson MDC mount for Panasonic FZ-55 Toughbook
• Motorola APX8500 All -Band police radio with E5 control head, Panorama single "Sharkfin" antenna
• Cradlepoint modem and antenna
• Stalker DSR single antenna moving RADAR (front antenna only, suction cup window mount)
• TREMCO Fleet Safety Anti -Theft Device
• HAVIS Charge Guard timer block (2 timers)
All Vehicles were ordered with the following factory options, which will also need to be wired to appropriate
controllers:
• Ultimate Wiring Package [Includes Rear Console Mounting Plate #85R, Pre -wiring for Grille LED Lights, Siren and
Speaker #60A, Plus: Wiring harness I/P to Rear Cargo Area (overlay): two (2) light cables -supports up to six (6)
LED lights (engine compartment/grille) and one (1) 10-amp siren/speaker circuit engine cargo area; rear
hatch/cargo area wiring - supports up to six (6) rear LED lights]
• Front Headlamp Lighting Solution [Includes Pre -wire for Grille LED Lights, Siren and Speaker #60A; LED Low
Beam/High Beam Headlamp, Wig -Wag function and Red/Blue/White LED side warning lights (driver side
White/Red, passenger side White/Blue); Wiring, LED lights are included; Controller not included]
12132 Upfitting of New Police Vehicles Page 14 of 28
• Rear Lighting Solution [Includes two (2) backlit flashing linear high -intensity LED lights (driver side red/passenger
side blue) mounted to inside liftgate glass; two (2) backlit flashing linear high -intensity LED lights (driver side
red/passenger side blue) installed on inside lip of liftgate (lights activate when liftgate is open); LED lights only;
Wiring and controller not included]
• Tail Lamp Lighting Solution [Includes LED lights plus two (2) rear integrated hemispheric lighthead white LED side
warning lights in tail lamps; LED lights only; Wiring and controller are not included.]
• Police Wire Harness Connector Kit - Front/Rear (For connectivity to Ford PI Package Solutions) [FRONT includes
two (2) male 4-pin connectors for siren, five (5) female 4-pin connectors for lighting/siren/speaker, one (1) 4-pin
IP connector for speakers, one (1) 4-pin IP connector for siren controller connectivity, one (1) 8-pin sealed
connector, one (1) 14-pin IP connector] [REAR includes one (1) 2-pin connector for rear lighting, one (1) 2-pin
connector, six (6) female 4-pin connectors, six (6) male 4-pin connectors, one (1) 10-pin connector] (67V)
• Side Marker LED, Sideview Mirrors (Driver side - Red / Passenger side - Blue) (Located on backside of exterior
mirror housing)
• Rear Quarter Glass Side Marker LED Lights (Driver side - Red / Passenger side - Blue)
• Pre -Wiring for Grille LED Lights, Siren and Speaker
• SETINA - PB5 HD Fender Wraps (PIT Bars) — Dealer installed
• SETINA - PB450L4 Lighted Push Bumper, Aluminum, includes Mar Pad (Red/Blue lights) — Dealer installed
2. 4 SUPERVISOR PATROL VEHICLES
To include the following adjustments to the above listed equipment:
• NO Whelen Liberty 2 lightbar, vehicles ordered with Ford Factory installed inner edge lightbar and rear spoiler
light bar
• Factory installed Front Warning Auxiliary LED Light (Driver side - Red / Passenger side - Blue) (Located below
head lamps, above bumper fascia)
Work DOES NOT include the installation of AXON Fleet 3 in car video system.
12132 Upfitting of New Police Vehicles Page 15 of 28
VII. BID FORM
INVITATION TO BID NO. 12132
TO BIDDER:
PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID.
THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS.
Quote your lowest price for the following:
SCHEDULE 1— STANDARD PATROL VEHICLES
Item
No.
Description
Qty.
Price
Per Unit
Total Price
(without tax)
1.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicles with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle:
51
$
$
SCHEDULE 2 — SUPERVISOR PATROL VEHICLES
2.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicle with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle:
4
$
$
Sub Total:
$
WA State Sales Tax — Destination Based @ 8.3%:
$
Total:
$
Build Time: We/I will complete each vehicle upfit within days from receipt of order.
Completion: How many vehicles can be completed within a 90 day period?
List discount offered off of any other items or services not specifically listed: %
Check one: Discount ❑ or Markup ❑
Work will be guaranteed for years or miles from defects in materials or workmanship.
(3 years or 36,000 miles, or greater, is required).
12132 Upfitting of New Police Vehicles
Page 16 of 28
VIII. CONTRACTOR QUESTIONNAIRE
INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the Owner
may request Vendor to provide such information within a mandatory due date. You must submit this completed form to
the Owner with your Quote. Failure to submit this form fully complete, may result in disqualification of Submittal.
Contractor's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business
License No.
CONTRACTOR INFORMATION
Number of Years Experience
(Minimum of 5 Years Required)
Phone
UBI No.
Federal
EIN No.
Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip + 4
Physical Address
City State Zip + 4
Name the person to contact for questions concerning this proposal.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip + 4
Physical Address
City State Zip + 4
12132 Upfitting of New Police Vehicles Page 17 of 28
CONTRACTOR: CONTRACTOR QUESTIONNAIRE
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes. No:
Please explain:
12132 Upfitting of New Police Vehicles Page 18 of 28
IX. CONTRACTOR REFERENCES
1) Company Name
Address (include Zip + 4)
Contact Person
Briefly describe experience/dates:
Phone No.
2) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/dates:
3) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/dates:
12132 Upfitting of New Police Vehicles Page 19 of 28
X. SAMPLE CONTRACT
AGREEMENT
CITY OF YAKIMA
Bid 12132
Upfitting of New Police Vehicles
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and , ("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 12132 Upfitting of New Police Vehicles Specifications which are attached as
Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference,
and shall perform any alterations in or additions to the work provided under this Contract and every part thereof.
Work shall begin within [XX] business days after Notice to Proceed and be complete within [XX] business days.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for
the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in
the specifications to be fumished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the
specifications 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 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 provided, however, that either party may at any time during the life of this Contract,
or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel.
Contract extensions shall be automatic, and shall qo into effect without written confirmation, unless the City provides advance notice of
the intention to not renew. Prices shall remain firm for the first twelve-month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be
made 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.
5. 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.
6. Successors and Assigns
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.
12132 Upfitting of New Police Vehicles Page 20 of 28
The Contractor for himself, and for his 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.
7. 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.
8. Inspection and Production of Records
The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of
(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services
in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or
the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested
documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request.
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.
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.
The terms of this section shall survive any expiration or termination of this Contract.
9. 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.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of
completion and acceptance of the Services.
11. 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.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
12132 Upfitting of New Police Vehicles Page 21 of 28
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have
a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the
City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own
expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is
made, prior to conducting any business in the City.
12. Nondiscrimination
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, 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.
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.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers,
employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney
fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or
agents.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or
omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents,
attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for
any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys'
fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to
this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in
Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial
Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold
12132 Upfitting of New Police Vehicles Page 22 of 28
harmless obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51
RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City
and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually
negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the
expiration or termination of this Agreement.
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.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A
copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall
be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from
the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If
Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements
and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of
this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys
and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City
of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence.
If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements
and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the
12132 Upfitting of New Police Vehicles Page 23 of 28
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 policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys
and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City
of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall
include Hired and Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible
in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract.
Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent
acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility.
Commercial General Liability: Combined Single Limit:
Automobile Liability
Garage Liability:
Garage Keepers Liability:
$2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
$2,000,000 Per Occurrence
$1,000,000 Minimum Limit
$200,000 Minimum Limit
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any
insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall
not contribute to it.
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.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of
Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability
hereunder shall be limited to the extent of the Contractor's negligence.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end,
the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12132 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.
12132 Upfitting of New Police Vehicles Page 24 of 28
17. Termination - Convenience
This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty
(30) days from the date such written notice is delivered to the applicable party to the Contract.
18. Termination - Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are
deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The
effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified
with return receipt requested.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual
delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time
lost due to the reason for delay.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
22. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor
to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract.
23. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by
ovemight courier, facsimile or first-class mail, certified with retum receipt requested. Notices to the parties shall be delivered to:
TO CITY:
Bob Harrison, City Manager TO CONTRACTOR:
City of Yakima
City Hall —First Floor
129 North Second Street
Yakima, WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer II
City Hall —First Floor
129 North Second Street
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.
12132 Upfitting of New Police Vehicles Page 25 of 28
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA
City Manager
Date:
[ENTER CONTRACTOR NAME]
By:
Date:
Attest: (Print name)
City Clerk
EXHIBIT A
EXHIBIT B
SPECIFICATIONS
CONTRACTOR'S BID FORM
12132 Upfitting of New Police Vehicles Page 26 of 28
XI. SAMPLE CERTIFICATE OF INSURANCE
"CC?Rt P
CERTIFICATE OF LIABILITY INSURANCE
DATE ona1OdYYm
ISSUE DATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADOITIONAL INSURED. the policy(es) must have ADDITIONAL INSURED provisions or be endorsed.
ff SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER
NSURANCE AGENCY ISSUING CERTIFICATE
ADDRESS
NAS(EACT insurance Agent Contact nlornaton
PHONE FAX
(A,C, Ne, EXIt: rAlC, Nor.
Esa:
INSURER'S) AFFORDING COVERAGE
NAC I
INSURER A: A-'., Cr CE':- :]^?cletl WPlel
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AJCRE55
INSURER S:
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NISINER E :
•
THIS IS TO CERTIFY THAT 'HE POLICIES OF INSJRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE rOR'HE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OT1ER DOCLM EN- WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POL IC ES 'ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. _.NITS SHOWN MAY HAVE BEEN REDUCED BY PAIL CLAIMS
NSR
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DESCRIPTOR OF OPERATIONS , LOCATIONS l VEHICLE' 'ADORE, 101. MISRIona I aerimes Schedule, may be arleohed 0 more apace Is requlrerr
The City of Yakima, its agents, employees, authorized volunteers, elected & appointed officials are incuded as PrimaryRioncontributory
Additional Insureds. See attached Additional Insured Endorsement.
CERTIFICATE HOLDER
CANCELLATION
City OF Yakima
Purchasing Department
129 N. 2nd Street
Yakima, WA 98901
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELPVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESEMATNE
SIGNATURE
ACORD 25 (2016/03)
511988-2015 ACORD CORPORATION. Ail rights reserved.
The ACORD name and logo are registered marks of ACORO
12132 Upfitting of New Police Vehicles
Page 27 of 28
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 UABIUTY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
The City of Yakima, its agents, employees, authorized
volunteers. elected and appointed officials are included
as Primary.'Non-Contributory additional insured.
Location(s) Of Covered Operations
Information required to complete this Schedule; if not shown above, wit be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organizations) shown in the Schedule, but only
with respect to liability for "bodily injury, 'property
damage" or "personal and advertising injury'
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insureds) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the folowing additional exclu-
sions apply:
This insurance does not apply to 'bodily injury' or
"property damage" occurring after
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
12132 Upfitting of New Police Vehicles Page 28 of 28
Exhibit B
(Contractor's Bid Form)
PA 4.5chnck,b
VII. BID FORM
INVITATION TO BID NO. 12132
TO BIDDER:
PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID.
THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS.
Quote your lowest price for the following:
SCHEDULE 1— STANDARD PATROL VEHICLES
Item
No.
Description
Qty.
Price
Per Unit
Total Price
(without tax)
1.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicles with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 3 days
51
$ 3.995.00
$ 203.745.00
SCHEDULE 2 — SUPERVISOR PATROL VEHICLES
2.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicle with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 3 days
4
$ 3,995.00
$ 15.980.00
Sub Total:
$
219.725.00
WA State Sales Tax — Destination Based @ 8.3%:
$
18,237.18
Total:
$
237,962.18
Build Time: We/I will complete each vehicle upfit
Completion: How many vehicles can be completed
within 3 days from
receipt of order.
55
within a 90 day period?
List discount offered off of any other items or services not specifically listed:
Check one: Discount Xi or Markup ❑
% 10%
Work will
(3 years
be guaranteed for 3 years or 36,000 miles from defects
in materials or workmanship.
or 36,000 miles, or greater, is required).
12132 Upfitting of New Police Vehicles
Page 16 of 28
AGREEMENT
CITY OF YAKIMA
Bid 12132
Upfitting of New Police Vehicles
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Financial Consultants Intl., Inc. ("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 12132 Upfitting of New Police Vehicles
Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards,
all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be fumished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit
includes the specifications 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 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 provided, however, that either party may at any
time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice
in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall co into effect
without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain
firm for the first twelve-month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved,
change will be made 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.
3. 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.
6. Successors and Assigns
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.
The Contractor for himself, and for his 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.
7. 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.
8. Inspection and Production of Records
The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but
the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or
non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to
the Services will be provided to the City upon the City's request.
Contractor shall promptly fumish 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.
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.
The terms of this section shall survive any expiration or termination of this Contract.
9. 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.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
11. 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 govemmental 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.
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 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima at their own expense, without regard to whether such corporation
is actually awarded the contract, and in the event that the award is made, prior to conducting any business
in the City.
12. Nondiscrimination
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, 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.
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.
13. 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, except for claims caused by the City's sole negligence.
The City's right to indemnification includes attomey's fees costs associated with establishing the right to
indemnification hereunder in favor of the City.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or
costs and expenses, including reasonable attorneys' fees.
c. 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.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability,
including the duty and cost to defend, shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance
in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall
be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed
officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such
higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials,
employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown
on the Certificate of insurance and Endorsements and the City, its elected and appointed officials,
employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the
State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability
shall include Hired and Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than
$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor agrees to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure
of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
Commercial General Liability: Combined Single Limit:
Automobile Liability
Garage Liability:
Garage Keepers Liability:
$2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
$2,000,000 Per Occurrence
$1,000,000 Minimum Limit
$200,000 Minimum Limit
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and shall not contribute to it.
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.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12132 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.
17. Termination - Convenience
This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become
effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract.
18. Termination - Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of
Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions
contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days
after the notice is mailed first class mail, certified with return receipt requested.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war,
riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of
such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County, Washington.
22. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and
provisions of this Contract.
23. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered
in person or by ovemight courier, facsimile or first-class mail, certified with return receipt requested. Notices to the parties
shall be delivered to:
TO CITY:
Bob Harrison, City Manager
City of Yakima
City Hall —First Floor
129 North Second Street
Yakima, WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer II
City Hall —First Floor
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: Financial Consultants Intl., Inc.
4577 SE 140'h Street
North Bend, WA 98045-9073
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 Manager
Date:
Attest:
CITY CONTRACT NO: ;� ]?.9 0 05
RESOLUTION NO' 13.7.0�"^
OCS
FINANCIAL CONSULTANTS INTL., INC.
By:
Date:
l�ou, --(1-�uuav)
(Print name)
Exhibit A
(Specifications)
CITY OF YAKIMA PURCHASING DIVISION
• 129 North 2nd Street • Yakima, Washington ▪ 98901
• (509) 575-6093
November 18, 2021
Dear Sir or Madam:
Subject: Bid No. 12132 Upfitting of New Police Vehicles
Addendum No. 1— Question/Answer to Bid Specifications
Question:
Will the city or contractor provide the following:
• (2) small relays
• (2) fuse blocks
Answer:
• The contractor is to provide any needed relays or fuses.
• The city will provide the fuse blocks and they will be the Blue Sea 5032 block.
Please acknowledge receipt of this addendum on the Cover Sheet, page two (2), of the Bid
document.
If you have any questions please contact me at (509) 576-6696.
Sincerely,
allUiA44/ ektil,
Christina Payer, CPPB
Buyer II - City of Yakima Purchasing
CC: Lt. Ira Cavin, Police Department
File
M (509) 575-6093 D (509) 576-6696 F (509) 576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing
City of Yakima
NOTICE TO BIDDERS
BID 12132
Notice is hereby given by the undersigned that electronic sealed Bids will be
accepted via PublicPurchase.com until the hour of 11:00:0o AM PST on
November 29, 2021. Bids will be publicly opened in Yakima City Hall, Council
Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids
will be publicly read for: Upfitting of New Police Vehicles
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 November 10, 2021. Publish on November 15 and 16, 2021
Christina Payer, CPPB
Buyer II
12132 Upfitting of New Police Vehicles Page 1 of 28
CITY OF YAKIMA INVITATION TO BID 12132
COVER SHEET
THIS IS NOT AN ORDER
BID Release Date: November 15, 2021
Bid Receipt Bidders must first register with PublicPurchase com and Bid shall be completely uploaded into
PublicPurchase com no later than the date and time listed below. Register as early as possible and do not wait until the due
date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a
Bid late, the electronic system will not receive it. Bid openings are public Bids shall be firm for acceptance for ninety (90) days
from date of Bid opening, unless otherwise noted
BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For
City of Yakima Police Department
200 S 3rd Street
Yakima, WA 98901
Buyer in charge of this procurement (Contact for further information):
Christina Payer, CPPB
Buyer II
Bids Must be completely uploaded by
November 29, 2021 at 11:00:0o AM PST
Public Opening Q
Phone
E-Mail Address
(509) 576-6696 christina.payerCa�yakimawa.aov
PROJECT DESCRIPTION SUMMARY
Upfitting of New Police Vehicles with Supplied Parts
Contractor to Supply Shop Supplies for
(55) 2022 Ford Police Interceptor Utility Vehicles
Enter Prompt Payment Discount:
% net days
We/I will complete project within days after receipt of
order.
❑ 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
12132 Upfitting of New Police Vehicles Page 2 of 28
Invitation to Bid #12132
Contents
II. GENERAL INFORMATION 5
1. Purpose 5
2. Contracting Agency and Point of Contact 5
3. New and Unused 5
4. Best Modern Practices 5
5. Equal/Approved Equal 5
6. Exceptions 5
7. More or Less 6
8. Published List Prices 6
9. Delivery/Completion 6
10. Use of Unapproved Substitutions 6
11. Contract Term 6
12. Pricing and Discount 6
14. Price Clarifications 6
15. Price Increases 7
16. Price Decreases 7
17. Expansion Clause 8
18. Warranty 8
19. Warranty Coverage 8
20. Permits 8
21. Regulations and Codes 8
22. Prompt Payment 8
23. Payments 8
24. Payment Method - Credit Card Acceptance 9
25. Acceptance of Terms 9
26. Sales Tax 9
27. Tax Revenues 9
28. Clarifications and/or Revisions to Specification and Requirements 9
29. Incurring Costs 9
30. No Obligation to Contract 10
31. Retention of Rights 10
32. Points Not Addressed 10
33. Other City Departments/Like Items Added 10
34. Services Bought from Different Supplier 10
35. Re -Award 10
12132 Upfitting of New Police Vehicles Page 3 of 28
36. Errors and Omissions 10
37. Changes . 11
38. Deviations ... 11
39. Inspection of Bidder's Facility 11
III. PREPARING AND SUBMITTING A BID ... 11
1 General Instructions 11
2. Submitting a Bid 11
3. Prohibition of Bidder Terms & Conditions .11
4. Multiple Bids 12
5. Withdrawal of Bids 12
IV BIDDERS CHECKLIST .... 12
V. EVALUATION AND CONTRACT AWARD .....12
1. Bid Evaluation: 12
2. Offer in Effect for Ninety (90) Days 12
3. Protest Procedure . .12
VI. SCOPE OF WORK ...14
1 51 STANDARD PATROL VEHICLES 14
2. 4 SUPERVISOR PATROL VEHICLES ......... 15
VII. BID FORM .. 16
VIII. CONTRACTOR QUESTIONNAIRE 17
IX. CONTRACTOR REFERENCES 19
X. SAMPLE CONTRACT 20
XI. SAMPLE CERTIFICATE OF INSURANCE 27
12132 Upfitting of New Police Vehicles Page 4 of 28
INVITATION TO BID #12132
Upfitting of New Police Vehicles
II. GENERAL INFORMATION
1. Purpose
It is the intent and purpose of these specifications to describe Upfitting of New Police Vehicles 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 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. New and Unused
All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current
production. All materials shall have physical and chemical properties to withstand the intended purpose.
Equipment design shall have sufficient excess capacity for durability and safety.
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 so 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.
Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to
devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage.
12132 Upfitting of New Police Vehicles Page 5 of 28
7. More or Less
Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of 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 actually ordered, delivered, and accepted, whether greater or Tess than the stated
amounts.
8. Published List Prices
If applicable, a copy of your published list prices shall be included in the Bid package. Each Bidder shall bid a
percentage discount based on this published list in the space provided on the Price /Cost Sheet.
It is understood that the discount quoted on this Bid shall be based on the attached published list price and
these shall be the prices paid during the life of the contract.
9. Delivery/Completion
Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made
at the destination, in terms of time interval, following placement of order. Time of delivery/completion 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.
10. Use of Unapproved Substitutions
Contractors are authorized to only use those items covered by the contract. If a review by the City reveals that
an item other than those covered by and specified in the contract have been used, 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 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. Contract Term
See Section 3 of Contract
The period of this contract shall be for a period of one year from its effective date. Contract may be extended
on the anniversary date for one (1) additional one (1) year periods, not to exceed five (5) years total.
12. Pricing and Discount
The City qualifies for governmental discounts. Unit prices shall reflect these discounts.
14. Price Clarifications
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders.
Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can
be achieved.
Unit prices shown on the 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.
Any increase proposed 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
12132 Upfitting of New Police Vehicles Page 6 of 28
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.
15. Price Increases
Pricing shall be prepared with the following terms. 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.
Prices shall remain firm for the first twelve-month period of the contract.
Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below.
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:
a. 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).
b. Incurred after contract commencement date.
c. Not produce a higher profit margin than that on the original contract.
d. Clearly identify the items impacted by the increase.
e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the
effective date of proposed increase.
f. Be accompanied by detailed documentation acceptable to the Purchasing Manager
sufficient to warrant the increase.
g. 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. A link to the PPI Commodity Data is available
at http://data.bls.gov/PDQ/outside.isp?survey=wp.
The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the
adjustment.
16. 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.
12132 Upfitting of New Police Vehicles Page 7 of 28
17. 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.
18. Warranty
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 for three (3) years or 36,000 miles following
inspection and acceptance of the products by the City. Warranty shall include all costs incurred, including
shipping, for repair or replacement except that which is damaged by misuse or abuse. This three (3) year or
36,000 miles warranty shall in no way affect normal extended or manufacturer's warranty exceeding this three
(3) year or 36,000 miles period. Contractor warrants that all goods and services furnished under this Agreement
are new, 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 will be warrantied for three (3) years or 36,000 miles 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.
19. 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.
20. Permits
All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the
City.
21. 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.
22. 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
23. Payments
Contractor is to submit properly completed invoice(s) to:
City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901.
12132 Upfitting of New Police Vehicles Page 8 of 28
To insure 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 the equipment, (b)
properly completed invoice, and (c) all papers required to be delivered with equipment.
24. 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.
25. 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.
26. Sales Tax
The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in
determining which bid is the lowest and best bid.
27. Tax Revenues
RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies,
materials, and equipment, including those from a local sales tax or from a gross receipts business and
occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered.
28. 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.
29. 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 presentation, in facilitating site
visits or any other activities related to responding to this BID.
12132 Upfitting of New Police Vehicles Page 9 of 28
30. 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".)
31. Retention of Rights
The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these
specifications, and which would be in the best interest of the City and will not necessarily be bound to accept
the low 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.
32. 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.
33. 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.
34. Services Bought from Different Supplier
Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined
delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought
from a different supplier, the difference in the 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.
35. 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.
36. 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.
12132 Upfitting of New Police Vehicles Page 10 of 28
37. 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.
38. 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 may be
grounds for order cancellation, without re -stocking fees or damages to the City; or suspension from the City's
bidders list.
39. Inspection of Bidder's Facility
Prior to awarding the contract, the City and/or its representative(s) may inspect the manufacturing and/or
service facility of the apparent low bidder to verify that the apparent low bidder has the facility, equipment,
personnel, and experience to repair, service and support the equipment offered.
III. PREPARING AND SUBMITTING A BID
1. General lnstructions
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 IV 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 error, electronic malfunction, system errors or interruptions
affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to
make exceptions for extenuating circumstances.
Bids are not considered to be confidential per 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 a 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.
12132 Upfitting of New Police Vehicles Page 11 of 28
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.
IV. BIDDERS CHECKLIST
1. Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance
with Section III - Preparing and Submitting a Bid.
• Cover Sheet/Signature Page Page 2
• Warranty Information Page 8
• Bid Form Page 19
• Contractor Questionnaire Page 15-18
• Contractor References Pages 19
V. 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.
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: maria.mayhue@yakimawa.gov. The protest shall clearly state the
specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being
requested. Protests based on specifications/scope of work, or other terms in the 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:
12132 Upfitting of New Police Vehicles Page 12 of 28
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.
12132 Upfitting of New Police Vehicles Page 13 of 28
VI. SCOPE OF WORK
The city of Yakima Police Department, through the Purchasing Division, is soliciting bids for police vehicle upfitting. The
Department has purchased (55) 2022 Ford Police Interceptor Utility vehicles for patrol use. 51 are designated for
standard patrol use, and 4 are designated for patrol supervisor use. Eligible bidders must be appropriately licensed and
located within the state of Washington to qualify, and must have been doing business as a police vehicle upfitter for at
least 5 years. Bidders shall offer a warranty on shop supplied materials and workmanship for at least 3 years or 36,000
miles or greater. Work is expected to begin in January of 2022, and should be completed within 90 days of start of
project. Bidders should include how many vehicles they could complete within 90 days.
Due to the size of the project and to expedite the process of placing vehicles into service, multiple awards will be
considered for this project. Submitted bids shall include all necessary shop supplies and labor necessary to install and
connect wiring to the following equipment, which will be supplied by the Yakima Police Department or pre -installed by
the vehicle dealer where indicated:
1. 51 STANDARD PATROL VEHICLES
• SETINA 10XL-C front prisoner partition (Shipped uninstalled)
• SETINA 12VS rear prisoner partition (Shipped uninstalled)
• Dual Weapon lock (BLAC-RAC 1082e and Universal XL Mounts)
• Whelen Liberty 2 WCX DUO LED 48" Lightbar
• Whelen PE-215 Pre-emption power supply (Module installed in lightbar)
• Whelen CENCOM CORE controller w/ standard 123db siren speaker, 21 button slide bar control head
• Whelen Vehicle to Vehicle module
• Whelen Tracer Running Board 6 Lamp LED (Driver and Passenger)
• Whelen HOWLER siren amplifier and speaker (Will require removal and re -install of front bumper cover, SETINA
PB450L4 and SETINA PB5 Wraps)
• HAVIS C-TTP-INUT-1201 Rear Trunk Mount w/bottom tray and extender filler plate
• HAVIS C-VS-INUT-0618 Flat Center Console, with appropriate filler plates for emergency equipment controllers
• HAVIS MDC mount 8.5" telescoping pole
• Gamber-Johnson MDC mount for Panasonic FZ-55 Toughbook
• Motorola APX8500 All -Band police radio with E5 control head, Panorama single "Sharkfin" antenna
• Cradlepoint modem and antenna
• Stalker DSR single antenna moving RADAR (front antenna only, suction cup window mount)
• TREMCO Fleet Safety Anti -Theft Device
• HAVIS Charge Guard timer block (2 timers)
All Vehicles were ordered with the following factory options, which will also need to be wired to appropriate
controllers:
• Ultimate Wiring Package [Includes Rear Console Mounting Plate #85R, Pre -wiring for Grille LED Lights, Siren and
Speaker #60A, Plus: Wiring harness I/P to Rear Cargo Area (overlay): two (2) light cables -supports up to six (6)
LED lights (engine compartment/grille) and one (1) 10-amp siren/speaker circuit engine cargo area; rear
hatch/cargo area wiring - supports up to six (6) rear LED lights]
• Front Headlamp Lighting Solution [Includes Pre -wire for Grille LED Lights, Siren and Speaker #60A; LED Low
Beam/High Beam Headlamp, Wig -Wag function and Red/Blue/White LED side warning lights (driver side
White/Red, passenger side White/Blue); Wiring, LED lights are included; Controller not included]
12132 Upfitting of New Police Vehicles Page 14 of 28
• Rear Lighting Solution [Includes two (2) backlit flashing linear high -intensity LED lights (driver side red/passenger
side blue) mounted to inside liftgate glass; two (2) backlit flashing linear high -intensity LED lights (driver side
red/passenger side blue) installed on inside lip of liftgate (lights activate when liftgate is open); LED lights only;
Wiring and controller not included]
• Tail Lamp Lighting Solution [Includes LED lights plus two (2) rear integrated hemispheric lighthead white LED side
warning lights in tail lamps; LED lights only; Wiring and controller are not included.]
• Police Wire Harness Connector Kit - Front/Rear (For connectivity to Ford PI Package Solutions) [FRONT includes
two (2) male 4-pin connectors for siren, five (5) female 4-pin connectors for lighting/siren/speaker, one (1) 4-pin
IP connector for speakers, one (1) 4-pin IP connector for siren controller connectivity, one (1) 8-pin sealed
connector, one (1) 14-pin IP connector] [REAR includes one (1) 2-pin connector for rear lighting, one (1) 2-pin
connector, six (6) female 4-pin connectors, six (6) male 4-pin connectors, one (1) 10-pin connector] (67V)
• Side Marker LED, Sideview Mirrors (Driver side - Red / Passenger side - Blue) (Located on backside of exterior
mirror housing)
• Rear Quarter Glass Side Marker LED Lights (Driver side - Red / Passenger side - Blue)
• Pre -Wiring for Grille LED Lights, Siren and Speaker
• SETINA - PB5 HD Fender Wraps (PIT Bars) — Dealer installed
• SETINA - PB450L4 Lighted Push Bumper, Aluminum, includes Mar Pad (Red/Blue lights) — Dealer installed
2. 4 SUPERVISOR PATROL VEHICLES
To include the following adjustments to the above listed equipment:
• NO Whelen Liberty 2 lightbar, vehicles ordered with Ford Factory installed inner edge lightbar and rear spoiler
light bar
• Factory installed Front Warning Auxiliary LED Light (Driver side - Red / Passenger side - Blue) (Located below
head lamps, above bumper fascia)
Work DOES NOT include the installation of AXON Fleet 3 in car video system.
12132 Upfitting of New Police Vehicles Page 15 of 28
VII. BID FORM
INVITATION TO BID NO. 12132
TO BIDDER:
PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID.
THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS.
Quote your lowest price for the following:
SCHEDULE 1— STANDARD PATROL VEHICLES
Item
No.
Description
Qty.
Price
Per Unit
Total Price
(without tax)
1.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicles with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle:
51
$
$
SCHEDULE 2 — SUPERVISOR PATROL VEHICLES
2.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicle with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle:
4
$
$
Sub Total:
$
WA State Sales Tax — Destination Based @ 8.3%:
$
Total:
$
Build Time: We/I will complete each vehicle upfit
Completion: How many vehicles can be completed
within days from
receipt of order.
within a 90 day period?
List discount offered off of any other items or services not specifically listed:
Check one: Discount ❑ or Markup ❑
%
Work will
(3 years
be guaranteed for years or miles from defects
in materials or workmanship.
or 36,000 miles, or greater, is required).
12132 Upfitting of New Police Vehicles
Page 16 of 28
VIII. CONTRACTOR QUESTIONNAIRE
INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the Owner
may request Vendor to provide such information within a mandatory due date. You must submit this completed form to
the Owner with your Quote. Failure to submit this form fully complete, may result in disqualification of Submittal.
Contractor's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business
License No.
CONTRACTOR INFORMATION
Number of Years Experience
(Minimum of 5 Years Required)
Phone
UBI No.
Federal
EIN No.
Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip + 4
Physical Address
City State Zip + 4
Name the person to contact for questions concerning this proposal.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip + 4
Physical Address
City State Zip + 4
12132 Upfitting of New Police Vehicles Page 17 of 28
CONTRACTOR: CONTRACTOR QUESTIONNAIRE
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No:
Please explain:
12132 Upfitting of New Police Vehicles Page 18 of 28
IX. CONTRACTOR REFERENCES
1) Company Name
Address (include Zip + 4)
Contact Person
Briefly describe experience/dates:
Phone No.
2) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/dates:
3) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/dates:
12132 Upfitting of New Police Vehicles Page 19 of 28
X. SAMPLE CONTRACT
AGREEMENT
CITY OF YAKIMA
Bid 12132
Upfitting of New Police Vehicles
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and , ("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 12132 Upfitting of New Police Vehicles Specifications which are attached as
Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference,
and shall perform any alterations in or additions to the work provided under this Contract and every part thereof.
Work shall begin within [XX] business days after Notice to Proceed and be complete within [XX] business days.
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
specifications 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 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 provided, however, that either party may at any time during the life of this Contract,
or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel.
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. Prices shall remain firm for the first twelve-month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be
made 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.
5. 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.
6. Successors and Assigns
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.
12132 Upfitting of New Police Vehicles Page 20 of 28
The Contractor for himself, and for his 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.
7. 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.
8. Inspection and Production of Records
The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of
(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services
in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or
the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested
documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request.
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.
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.
The terms of this section shall survive any expiration or termination of this Contract.
9. 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.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of
completion and acceptance of the Services.
11. 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.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
12132 Upfitting of New Police Vehicles Page 21 of 28
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have
a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the
City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own
expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is
made, prior to conducting any business in the City.
12. Nondiscrimination
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, 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.
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.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers,
employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney
fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or
agents.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or
omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents,
attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for
any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys'
fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to
this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in
Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial
Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold
12132 Upfitting of New Police Vehicles Page 22 of 28
harmless obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51
RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City
and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually
negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the
expiration or termination of this Agreement.
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.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A
copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall
be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from
the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If
Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements
and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of
this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys
and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City
of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence.
If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements
and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the
12132 Upfitting of New Police Vehicles Page 23 of 28
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 policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys
and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City
of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall
include Hired and Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible
in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract.
Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent
acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility.
Commercial General Liability: Combined Single Limit:
Automobile Liability
Garage Liability:
Garage Keepers Liability:
$2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
$2,000,000 Per Occurrence
$1,000,000 Minimum Limit
$200,000 Minimum Limit
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any
insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall
not contribute to it.
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.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of
Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability
hereunder shall be limited to the extent of the Contractor's negligence.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end,
the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12132 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.
12132 Upfitting of New Police Vehicles Page 24 of 28
17. Termination - Convenience
This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty
(30) days from the date such written notice is delivered to the applicable party to the Contract.
18. Termination - Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are
deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The
effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified
with return receipt requested.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual
delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time
lost due to the reason for delay.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
22. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor
to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract.
23. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by
ovemight courier, facsimile or first-class mail, certified with retum receipt requested. Notices to the parties shall be delivered to:
TO CITY:
Bob Harrison, City Manager TO CONTRACTOR:
City of Yakima
City Hall —First Floor
129 North Second Street
Yakima, WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer II
City Hall —First Floor
129 North Second Street
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.
12132 Upfitting of New Police Vehicles Page 25 of 28
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA [ENTER CONTRACTOR NAME]
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
EXHIBIT A
EXHIBIT B
SPECIFICATIONS
CONTRACTOR'S BID FORM
12132 Upfitting of New Police Vehicles Page 26 of 28
XI. SAMPLE CERTIFICATE OF INSURANCE
4WRO
CERTIFICATE OF LIABILITY INSURANCE
DATE 1 IN YTYr►
ISSUE RATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTWICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADOff1ONAL INSURED, the policy(es) must have ADDITIONAL INSURED provisions or be endorsed_
If SUBROGATION 15 WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement_ A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
NSURANCE AGENCY ISSUING CERTIFICATE
ADDRESS
°FACT 'IISJ00 ice Aget0 Calltaa ri Jrnolgn
PHONE (A C . Neic
MEAL
INSURERISJ AFFORDRO COVERAGE
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INSURER A: A -'.II Of 0E0E'. a0"1CIP0 Wier
INURED
EVTTY INSURED
ADDRESS
INSURER 6:
INSugER C:
INSURER D:
INSURER E :
INSURER F:
•
THIS IS TO CERTIFY THAT THE POLICIES OF INSJRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE .OR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLNEN' WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 'LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
N
I TR
TYPE OF INSURANCE
AC
INED
SUE
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POLICY NUMBER
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EXP
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S 4,000.000
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0 100,030
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0 5,000
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1 2.000 BOO
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UNIT APPLIES PER
PRO -
LOG
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0 2 000.000
PROMOTE -COMP,GPAGO
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DEICRIPTOA O. OPERATIONS ' LOCATIONS , VEHICLE'S IACORD 101. AddelanR Remarks Schedule{maybe arlaohed ■ more epees K rspWree
The City of Yakima its agents, employees. authorized volunteers. elected & appointed officials are incuded as PrmaryJNon-contributory
Additional Insureds. See attached Additional Insured Endorsement.
CERTIFICATE HOLDER
CANCELLATI
City
C of Yakima
Purchasing Department
129 N. 2nd Street
Yakima, WA 98991
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPREIENTATNE
SIGNATURE
ACORD 25 {2016103)
831988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
12132 Upfitting of New Police Vehicles
Page 27 of 28
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following'
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location(s) Of Covered Operations
The City of Yakima, its agents, employees, authorized
volunteers. elected and appointed officials are included
as PrimarivNon-Contributory additional insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury', 'property
damage" or "personal and advertising injury"
caused; in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B. W°th respect to the insurance afforded to these
additional insureds, the blowing additional exclu-
sions apply:
This insurance does not apply to 'bodily injury" or
"property damage" occurring after:
1. All work, tlncluding materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service. maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of 'your worts" 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
12132 Upfitting of New Police Vehicles Page 28 of 28
Knotts, Susan
From: Julie DeBellis <JDeBellis@northstarchemical.com>
Sent: Wednesday, November 17, 2021 7:36 AM
To: Knotts, Susan
Cc: Bond, Jeff; Brown, David
Subject: RE: Price Increase Letter
Attachments: image004.wmz
Follow Up Flag: Follow up
Flag Status: Flagged
Good Morning.
I have forwarded your message to our sales manager.
I will follow up to be sure we obtain the proper documentation.
Thank you,
Julie DeBellis
Northst. rChemical
14200 SW Tualatin Sherwood Rd
Sherwood, OR 97140
Phone: 503-625-3770
Email: jdebellis@northstarchemical.com
Website: www.northstarchemical.com
New Orders & Inquiries Welcome @ orders@northstarchemical.com
From: Knotts, Susan <Susan.Knotts@yakimawa.gov>
Sent: Tuesday, November 16, 2021 3:53 PM
To: Julie DeBellis <JDeBellis@northstarchemical.com>
Cc: Bond, Jeff <Jeff.Bond@yakimawa.gov>; Brown, David <David.Brown@yakimawa.gov>
Subject: FW: Price Increase Letter
Good afternoon,
The attached price increase letter was forwarded to me from the Water/Irrigation Department. According to our
contract, before a price increase can be considered, the City must receive detailed documentation justifying the price
increase request. Any additional information you can provide like supplier/manufacturer letter or other government
data will help in reviewing your price increase request.
B. Fixed Product Pricing: For product, materials and supply agreements that provide on -going, multiple year
supply, original pricing shall be fixed and firm for the first year of the agreement. Price requests are at the
discretion of the Buyer or Purchasing Manager; and must also be:
1
If you
E.
D.
E.
❑.
D.
❑.
D.
❑.
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).
The direct result of the cost of doing business (fuel, minimum wage increase) and must
be verifiable.
Incurred after Bid commencement date.
Not produce a higher profit margin than that on the original Bid.
Clearly identify the items impacted by the increase.
Be filed with the Buyer listed on Page 2 a minimum of thirty (30) calendar days before
the effective date of proposed increase.
Be accompanied by detailed documentation acceptable to the Purchasing Manager
sufficient to warrant the increase.
Should not deviate from the original Bid pricing scheme/methodology.
The United States published indices such as the Producer Price Index (PPI), Urban Wage
Earners and Clerical Workers (CPI-W), or other government data may be referenced to help
substantiate the Vendor's documentation. A Zink to the PPI Commodity Data is available at
http://data.bls.Rov/PDojoutside.isp?survey=wp.
have any questions about what is needed please let me know. I am happy to help.
CPPB
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From: Julie DeBellis[mailto:JDeBellis@northstarchemical.com]
Sent: Tuesday, November 16, 2021 1:28 PM
To: Bond, Jeff <Jeff.Bond@yakimawa.gov>
Subject: Price Increase Letter
Good Afternoon.
Please see the attached price increase letter.
Thank you,
Julie DeBellis
Narthst ?rChemical
14200 SW Tualatin Sherwood Rd
Sherwood, OR 97140
2
Phone: 503-625-3770
Email: jdebellis@northstarchemical.com
Website: www.northstarchemical.com
New Orders & Inquiries Welcome @ orders@northstarchemical.com
3
Exhibit B
(Contractor's Bid Form)
VII. BID FORM
INVITATION TO BID NO. 12132
TO BIDDER:
PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID.
THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS.
Quote your lowest price for the following:
SCHEDULE 1— STANDARD PATROL VEHICLES
Item
No.
Description
Qty.
Price
Per Unit
Total Price
(without tax)
1.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicles with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 34 hours
51
$3,700.00_
$188,700.00
SCHEDULE 2 — SUPERVISOR PATROL VEHICLES
2.
Labor to upfit 2022 Ford Police
Interceptor Utility vehicle with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 32 hours
4
$3,500.00
$14,000.00
Sub Total:
$202,700
WA State Sales Tax — Destination Based @ 8.3%:
$16,824.10
Total:
$219,524.10
Build Time: We/I will complete each vehicle upfit
Completion: How many vehicles can be completed
within days
from receipt of order.
25
2 cars/week
within a 90 day period?
List discount offered off of any other items or services not specifically
Check one: Discount o or Markup a
listed: %
Work
(3 years
will be guaranteed for or 36,000 miles
from defects in materials or workmanship.
_3_years
or 36,000 miles, or greater, is required).
12132 Upfitting of New Police Vehicles
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