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HomeMy WebLinkAboutR-2022-027 Resolution authorizing award of BID 12135 and execution of an agreement with LP Body Shop Inc., to purchase services for Painting of New Police Vehicle DoorsA RESOLUTION RESOLUTION NO. R-2022-027 authorizing award of BID 12135 and execution of an agreement with LP Body Shop Inc., to purchase services for Painting of New Police Vehicle Doors. WHEREAS, the City posted and published notice on December 20 and 21, 2021 in the Yakima Herald Republic and on the city's webpage that BID No. 12135 was available for competitive bid; and WHEREAS, Bids were due January 3, 2022 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, LP Bod Shop Inc., was the only responsive Bid received, by a responsible bidder; the Yakima Police Department recommends Contract Award be issued to LP Body Shop, Inc., and that the City Manager execute the Contract; 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 12135 is hereby awarded and the City Manager is hereby authorized to execute a Contract with LP Body Shop, Inc., attached hereto and incorporated herein by this reference, in the total amount of $98,225.50 for the procurement of Services to Paint New Police Vehicle Doors. ADOPTED BY THE CITY COUNCIL this 15th day of February, 2022. Janice Deccio, Mayor ATTEST: Sony:: C aar Tee, City Clerk AGREEMENT CITY OF YAKIMA Bid 12135 Painting of New Police Vehicle Doors for Yakima Police Department THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and L.P. Body Shop 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 #12135 Painting of New Police Vehicle Doors 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 shalt 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. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the Cily provides advance notice of the intention to not renew, or unless the Services have been completed to the City's satisfaction prior 10 any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and 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. 6. Property Rights All records or papers of any sort relating to the City and to the project will at ail 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. Agreement 12135 Painting of New Police Vehicle Doors Page 1 of 8 7. 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 lime 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. 8. 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, 9. 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. 10. 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, including policies adopted by the City, as those laws, ordinances, rules, regulations,, and policies now exist or may hereafter be amended or enacted. 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. Agreement 12135 Painting of New Police Vehicle Doors Page 2 of 8 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 authorizedto 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. 11. 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, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractors 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. 12. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 13. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or properly, The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from 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 Agreement 12135 Painting of New Police Vehicle Doors Page 3 of 8 proportionate ohom nfnegligence for any resulting suit, judgment, actinn, daim, dumand, damages or costs and expenses, including reasonable uttnmoyu'fee. o. 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 byany limitation nnthe amount ofdamages, compensation orbenefits payable toorbvany third padyunder wmrkem'uompenueUunan�.dioabiUtybenn(Ua�nnrany other ben��sadVor'programs. Contractor shall require that its subcontractors, and anyone directly orindirectly employed hired by Contrauk/r.and anyone for whose ac�Contractor may holiable inconnondnnwiNits pm�—mmnoon| 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 byorresulting from the concurrent negligence cdthe Contractor and the City, the Contractor's |imbNty indud|ngthe duty and cost \odefend, shall bmonly tnthe extent ofthe CnnUa�nr�negligence, ' o. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification |nany third party, t The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance A1all times during performance of the Sanimm and this Contmct. Contractor shall secure and maintain in offem1 insurance to protect the City and Contractor from and against any and all claims, Uamogwo. |nsnon and expenses aduinQout ufnrpouohinghnmthe podormanoeofthis Contrad.Contna�orshall pmviUeand nnaintoinin'force insurance inlimits nuless than that stated below, asapplicable. The City reserves the right torequire higher limits should |tdeem itnecessary inthe best interest ofthe public. Contractor will pmw/do a Certificate of Insurance to the City as evidence of coverage for each of the pu||ni*o and outlined herein. A copy nfthe additional insured endorsement attached tothe policy will baincluded with the oort0ca\o This Cedifin�oofinsumncoohaHboprovided bothe Qty.phnrtocommencement ofwork. ' 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 ofContractor's obligation homaintain such |nxo/ance. 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`O0lOOOJ)O)per occurrence, combined single injury and property damage, Dollars ($2.00O.000.00)general aggregate. |fContractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, emp|nyeen, agonts, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate oh8|| n|mmdy 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 offioio|u, nmp|oyeoo, agonb, attorneys and volunteers as additional insureds, and shall contain nclause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The |nuumnoa shall bnwith an insurance company mcompanies mtedA41/ nrhigher in Best'n Guide and Agreement 1zz3*Painting ofNew Police Vehicle Doors Page 4mu admitted in the State of Washington, The requirements contained harein, as well as City of Yakima'o review or acceptance of insurance maintained by Contractor is not intended to and oh | not in any manner limit nrquo|ky�a|iobUiUuuurobligations assumed bvConran�runder Niucontract. -- h. Automobile Liability Insurance Before this Conlrac\is fully executed by1he���`Cont��rshaU �provide the City with ooR0ificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($28O0^0O0.v"/p�/v��w^�/�MContr8dorcanieS higher �0olimits, such limits shall hoshown nnthe Certificate ofInsurance and Endorsements and the C8y, its elected and appointed Nffidalu employees, a8en�,attorneys and vo/untwomshmUbanamed eooddihona|/nnumdo�rsuch higher ||m|�' The mn�i�tmteshaUn!nadyn�towho the pmvidoris, the c$vnmUoamount, the poDcynumbnr and when - the policy and provisions provided ma in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name (he City of Yakima, its elected and appointed officials, —^ employees, agents, attorneys m eyuondvo|un�aeoomddKU |mno|in�unadn.ondwhaonntuioac|aunathot tho�will insurer--��^~ not cancel or change the insurance without first giving the City prior wiritten notice. The insurance shall be an insurance company orcompanies rated A4/| or higher in 8eoyu Guide and admitted in the of Washington. The requirements contained herein, as well as City of Yakima'- review acceptance cJinsurance maintained bvContractor isnot intended bo and shallnot inany manner limit n~r or qualify the liabilities orobligations assumed bvContractor under this contract. 'The Lu�nesmauto liability shall include Hired and Non -Owned coverageKnnues o�. - o. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,nonupmUuna|dioomoa.andnocup8iona}hoaUbandnafe|y|awo^s(aiu<em'andwQu|ehnnnbnVhe(bUnxtan^applicable, and shall maintain Employer's Liability insurance with a limit of no ieno the~$1.008,OOO.00.The City shall not be held responsible in any way for claims filed by Contractor or it~enployeeoAnoamicoopenfonnedundo,Nmhennoo/MisConrao. Contractor agrees to assume full liability for all claims arising from this Contract including claims resultingfrom negligent acts ofall ouhoon`nmtor(o). Contractor is responsible Nensure: uubcvn/nsutor()hBvemouran000xnmodod Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or Commercial General Liability: Combined Single Limit: Automobile Liability Garage Liability: Garage Keepers Liability: $lOOOU0OPer Occurrence $2.N0,00Annual Aggregate $2.U0O.OWOPer Occurrence $1.00O.00OMinimum Limit $200.000Min|mum Limit Contractor's insurance coverage shall bn primary insurance with respect hothose who are Additional Insureds this Contract. Any insurance, s��inoUmnmorinsurance pool coverage maintained by the City shall be boIn mxonxn under thoConhoo��uinoumnooandnniUhor�oCi�nori�inaumnoapmvidm�ohuUconhib�atoa|ua0emnnb d��n coo�.or�borpayme�smade byCont�n��ainsurance. ' ' ~` If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full tome and offect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may bosufficient cause for the City toterminate (he Contract, 15. Sovorobi|ib/ If any konn 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 and, the terms and conditions of this Contract are declared sevmmab|e�. ' Agreememza135 Painting mNew Police vehiuo�o - Page su,u 16. Contract Documents This Contract, the Invitation to Bid 12135 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, 2110 St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 17. Termination | the event the Contractor breaches this Contract, the City may terminate the Contractat its sole discretion |nsuch event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails 0ocure its breach within 3Odays o[this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the C|h/ with written notice of City'o breach and the City hai|oo to ounu its breach of the Contract within hOdays nfthis notice. The following represents u-nun-oxcluuive.illustrative Vst of instances that ohoU-e- ^considered a breach by the u. Dn�u8unnon under �e ' ' 'b. Fails buperform any material obligation required undethe ' -- -c. Files opetition in bankruptcy, becomes insolvent, motherwise takes action to dissolve asolegal entity; 'd. ' Allows any final judgment not hu be satisfied or lien not to be disputed after legally -imposed. 30-day notice; '' ' e. Makes amassignment for the benefit Vfcreditors; ~ t -`Fails to follow the sales and use tax certification requirements ofthe State of ---��� Washington; _ �O. Incurs adelinquent Washington tax liability; _ h.-^Becomes aState urFederally debarred Contractor; i Is excluded from fpdpral ' pmmrnmowtand non -procurement Contracts; ' LFails to maintain and keep in force all required insurance, permits and licenses as provided |nthe Contract; ^- k. Fails lumaintain the confidentiality of the City information that io(on---~ be Confidential Information, proprietary, or containing Personally Identifiable Information;1. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience: The City may terminate the Contract, without cause, by providing 30 days written notice of termination, In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided, The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. —`-theCKyreUedkzeatabis this Contract are withdrawn, reduced, wlimited, o/nadditional urmodified conditions are placed onsuch funding, the Agreement 12135Painting ufNew Police Vehicle Doors Page oofx City may terminate this Contract by providing at least five business days written notice to the Contractor, The banninoUonshall bneffective onthe date specified i`th=mrmiceofbumninuUon. 10L Force M' nm Contractor Will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay, Normally, in the event or any such delays �acts or God, etc,) the date of delivery will be extended for a period equal to the time lost due to the reason for delay, 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action 0oenforce urinterpret this Contract shall lie |nocourt ufcompetent jurisdiction in Yakima County, Washington. ' 21Authority / mm Conhac�onbeho���Contractor, . executing mpmoonto and warrants that ehas been `-u- NW|���oizad by Contractor this Con�ononibbmhoK�nd&o|egu|�bind toewthe `-�� n�- authorized provisions of this Contract. 22.Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid, No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made, In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment, Notice nfBusiness : Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of anyeUbcantractor. The Contractor shall notify the City in writing as soon as possible, an business days, after any decision bythe Contractor to change "vdiscontinue service that will `affect /services provided huthe City under this Contract. The City ohoU have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the oo|a discretion of the C|ty, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders pndonnonoe, enforcement orcompliance with the totality ufthe Contract impossible, patently unreasonable, orunnecessary, Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City Manager, Bob Harrison City of Yakima 120North Second Street Yakima, WA 98001 COPY TO: City of Yakima Purchasing Christina Payer, Buyer U 12ONorth Second Street Yakima, WA 98801 TO CONTRACTOR: LPBody Shop Inc Rich Poulson 41OEArlington Street Yakima, WA 98901 Agmemento135 Painting of New Police Vehicle ^ Page 7n,x 23. Survival The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written, CITY OF YKIMA City Manager Date: 9- CITY CONTRACT NO RESOLUTION NO: ttest: City Clerk L.P. BODY SHO INC By. Date: — 24°-2 rn name) SEAL , 1St/ MG Agreement 12135 Painting of New Police Vehicle Doors Page 8 of 8 (Specifications) 129 North 2nd Street • Yakima, Washington • 98901 • (509) 575-6093 December 28, 2021 Dear Sir or Madam: Subject: Bid No. 12135 Painting of New Police Vehicle Doors (Rebid) YPD Addendum No. 1 — Additional Information Additional Information: VIN Number Information: 1FM5K8AC3LGC94153 This is the VIN number for a 2020 vehicle that is currently in the Yakima Police Department's fleet. This is the newest vehicle and is the same as the 2022 models that will be coming in. This VIN number can be used as reference when completing your bid. 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, eAVIA. Christina Payer, CPPB Buyer II — City of Yakima Purchasing CC: Lt. Ira Cavin, YPD 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 m0Yakima NOTICE T0BIDDERS B|012135 Notice is hereby given by the undersigned that sealed Bids will be accepted in the office of the Yakima City Clerk, Yakima City Hall, 129 N 2"« Street, Yakima, WA, 9Q9O1,until the hour of11:OOouAK8PST onJanuary 3,2O22. Atsuch time, Bids will bepublicly opened and read for: Painting mfNew Police Vehicle Doors 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 VVAState Law Against Discrimination (RCVV chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated December15, 2021Publish on December20 &21, 2021 Christina Payer, CPP8 BuyerU 12135 Painting of New Police Vehicle Doors YPD(Rebid) Page 1of 28 CITY OF YAKIMA INVITATION TO BID 12135 COVER SHEET THIS IS NOT AN ORDER BID Release Date: December 20, 2021 Bid Receipt: Bids shall be submitted to and time/date stamped by the City Clerk's Office. Yakima City Hall, 129 N 2nd Street, Yakima, WA 98901, by 11:00:00 AM PST, on January 3, 2022, in a sealed envelope labeled Bid No. 12135, with the date and time of bid opening written on the face of it. If you are attending the bid opening, DO NOT BRING YOUR BID WITH YOU INTO THE OPENING ROOM. It must be received and time/date stamped by the Clerk's Office. Late Bids will not be accepted or evaluated. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted Purchasing For: City of Yakima Police Department 200 S 3rd Street Yakima, WA 98901 Bids Must be received by: January 3, 2022 at 11:00:oo AM PST Public Opening El Buyer in charge of this procurement (Contact for further information): Christina Payer, CPPB Buyer II Phone (509) 576-6696 PROJECT DESCRIPTION SUMMARY E-Mail Address cristitla.payer .akirnara +ov REBID -Painting of New Police Vehicle Doors Driver and Passenger, side front and rear doors (56) 2022 Ford Police Interceptors & (1) 2022 Ford F150 Supercrew 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 theCity 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) Signature of Above Date Title Email Address Phone Fax 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 2 of 28 1. Contents 1. Contents 11, Invitation toBid #1213G 1. 2° Scope and Objectives '�_�^ ......._5 3. Contracting Agency and Point ofContact ._____'-_-,...... ...... _,_~~_,_......... .,,'.~^^_~,__...... ~'5 4. New and Unused ............................................ ....... ............... __........ 5 6. Best Modern Practices 5 G. EquoKApproxodEque| ~__,~...~+"~~..,_°=~�m~°_..^~~___~~~..__^_~-_._~6� 7. Exceptions ...... 8. More orLess _,__ S. Published List Prices ................... 10. Delivery/Completion ...................................... --....... ....... _.e-_-__- - 11. Contract Term `~~,`',.=_-~^_ ......~__.6� 13. Pricing and Discount ._�_ *_�.~_�_ 14. PriceC|ahficationo-------------_......... __~~~_,_~-~__,-__-_-_....... .°._`6� 15. Price Increases ......___7' 16. PriceDeoreoaea--------------._........... °,,........ _.,__8� 17. Expansion Clause .-�^"v���' _~-°~^^°^^~°_--^~`~�~ 18. Warranty 19. Warranty Coverage .°_~~~^~_~^~^-_~-`_-,-~'----�� 20. Permits ......... -p_...... 8� 21. RegulationmandCodea----------_- ..... 22. Prompt Payment ~,°~^~~~-.~_~.~~,,~~.~~^,,_~_-...~~_~~.~-~°~_._~°,^8 23. Payments ___~"___ �_-9 24. Payment Method - Credit Card Acceptance ... ........ =,_,=~_~~°~"=_=,'=,_`9 25. Acceptance ofTerms _.,-^°~-°-°`..~~.~_-°9 26. Sales Tax ____._,~-_=,,._5& 27. Tax Revenues ................................................ ,_.._r.=__~,_°~~~_,=....... ,~~~~~_._°^=_°~-_'^^_._^^^-9 28. Clarifications and/or Revisions toSpecification and Requinamanta."_r.`�,^��_�_=_°��^�9 28. Incurring Costs '=... =_~"=,".......... .~.~___~_^J@ 30. NmObligation to Contract 31. Retention ofRights ...... -.10 32. Points Not Addressed ~=~`. .---~���,."~-_.~~°~-_~=i0k 33. Other City Items Added . iO 34. Services Bought from Different Supplier ..........___^___~~iO 35. Re -Award 36. Errors and Omissions ................................. 37. Changes ..................................................... . , 38. Deviations 39. Inspection of Bidder's Facility 10 11 11 11 11 III. PREPARING AND SUBMITTING A BID ............. ..<.,,., ,..,........, ,.....,,......... ,.,,. ,.....,,. ....,,.... .......,......,,..11 1. General Instructions 2. Submitting a Bid 3. Prohibition of Bidder Terms & Conditions ..,,, 4. Multiple Bids 5. Withdrawal of Bids IV. BIDDERS CHECKLIST V. EVALUATION AND CONTRACT AWARD 1. Bid Evaluation..............................................s 2. Offer in Effect for Ninety (90) Days : 3. Protest Procedure 11 11 12 12 12 12 12 VI. BID FORM ; ,..,., 14 VII. CONTRACTOR QUESTIONNAIRE .................... ......... VIII. CONTRACTOR REFERENCES IX. SAMPLE CONTRACT X. SAMPLE CERTIFICATE OF INSURANCE ATTACHMENT A — PICTURE/PAINTED DOORS ....... 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 4 of 28 5 17` 18 26 28 INVITATION TO BID #12135 Painting of New Police Vehicle Doors for Yakima Police Department (Rebid) II. GE ERAL I F+ R ATI 1. Purpose It is the intent and purpose of these specifications to describe Painting of New Police Vehicle Doors 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. Scope and Objectives The city of Yakima Police Department, through the Purchasing Division, is soliciting bids for painting of new vehicle doors on 57 newly purchased police vehicles. The work will include the re -painting of both driver and passenger side front and rear doors Oxford White (YZ) from the factory black, consistent with the photo included in Attachment A. There will be (56) 2022 Ford Police Interceptor Utility vehicles and (1) 2022 Ford F- 150 Supercrew vehicle. The bidder must be an appropriately licensed auto body shop within the city limits of Yakima, and must have been doing business as such for a minimum of 5 years. The bidder will be expected to use PPG paint products or equivalent materials. Work will include appropriate preparation of surfaces to be painted, and shall include removal and installation of body trim and parts not painted. The work must be guaranteed for 5 years or 60,000 miles from defects in materials or workmanship. Work is expected to begin around January 1, 2022 and conclude within 45 days of the start of work. The final dates will depend on delivery of vehicles from manufacturer. Bidder should include how many vehicles they would be able to complete within the 45-day time line. Due to the volume of vehicles and to help expedite completion, the city intends to make a multiple award. As new vehicles are delivered, they will be routed equally between all awarded contractors. 3. 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. 4. 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. 5. 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. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 5 of 28 6. 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. 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. 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. 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 lite of the contract. 10. 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. 11. Contract Term See Section 3 of Contract 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. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 6 of 28 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 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.b1s.gov/PDWoutside.isp?survev=wp. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 7 of 28 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. 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 five (5) years or 60,000 miles following inspection and acceptance 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 five (5) year or 60,000 miles warranty shall in no way affect normal extended or manufacturer's warranty exceeding this five (5) year or 60,000 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 Contractor shall replace the product at their own expense, including shipping charges. Any replacement product will be warrantied for five (5) years or 60,000 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 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 8 of 28 23. Payments Contractor is to submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. 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 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 9 of 28 visits or any other activities related to responding to this BID. 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".) 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. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 10 of 28 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. 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. PREPARI G AND SUB I G 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 vwww.YakimaW'A.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. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 11 of 28 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. 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. E S C ECKLIST 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 Warranty Information Bid Form Contractor Questionnaire Contractor References Page 2 Page 8 Page 19 Pages 15-18 Page 19 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 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 12 of 28 requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point -by -point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 13 of 28 VI. BID FORM INVITATION TO BID NO. 12135 Contractor Name 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: Item No. SCHEDULE 1— 2022 Ford Police Interceptor Utility Vehicles Description Qty. Price Per Unit Total Price (without tax Paint the doors, Oxford White (YZ), on 2022 Ford Police Interceptor Utility Vehicles. Indicate if PPG paint or Equivalent: 56 SCHEDULE 2 — 2022 Ford F-150 Supercrew Vehicle Paint the doors, Oxford White (YZ), on 2022 Ford F-150 Supercrew Vehicle. Indicate if PPG paint or Equivalent: 1 Sub Total — Schedules 1 & 2: WA State Sales Tax — Destination Based @ 8.3%: Grand Total — Schedules 1 & 2: Number of Vehicles that can be completed in a 45-day time frame: 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. (5 years or 60,000 miles is required). 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 14 of 28 VII. 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. 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 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 15 of 28 CONT CTOR: CONT CTOR QUESTIONNAIRE ERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Please explain: Yes: No: 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 16 of 28 VIII. C T ACT 1) Company Name • EFE E CES Address (include Zip + 4) Contact Person Phone No. Briefly describe experience/dates: 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: 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 17 of 28 IX. SA PLE C s TRACT AGREEMENT CITY OF YAKIMA Bid 12135 Painting of New Police Vehicle Doors for Yakima Police Department 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 #12135 Painting of New Police Vehicle Doors 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. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew, or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and 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. 6. 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. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 18 of 28 7. 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. 8. 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. 9. 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. 10. 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, including policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist or may hereafter be amended or enacted. 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). 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 19 of 28 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. 11. 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, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. 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. 12. Pay Transparency Nondiscrimination Provision: The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 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 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 20 of 28 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 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 21 of 28 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 neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, - all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. 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 12135, 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 Termination for Cause: In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 22 of 28 In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City failes to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee; or Termination for Convenience: The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding: In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination, 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington, 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 23 of 28 21. 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. 22. Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City Manager, Bob Harrison City of Yakima 129 North Second Street Yakima, WA 98901 COPY TO: City of Yakima Purchasing Christina Payer, Buyer II 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: 23. Survival The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms, IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONT ` CTOR NAME] By: City Manager Date: Date: Attest: (Print name) City Clerk 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 24 of 28 EXHIBIT A EXHIBIT B SPECIFICATIONS CONTRACTOR'S BID FORM 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 25 of 28 X. SAMPLE CERTIFICATE OF INSURANCE AC'G►RL CERTIFICATE OF LIABILITY INSURANCE CATE soasioYYY 1 ISSUE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTFICATE HOLDER. IMPORTANT: N the certificate holder is an ADDITIONAL INSURED. the policy(res) must have ADDITIONAL INSURED provisions or be endorsed N SUBROGATION IS WAIVED, subject 10 the terms and csndidons of the policy, certain policies may require an endorsement A statement on this certificate does nor confer rights to the cerhficatr holder in lieu of such endorsement's)_ rAornrml INSURANCE AGENCY RE DING CERTIFICATE ADDRESS INSURED EM MY INSURED ADDRESS COVERAGFF= CERTIFICATE NUMF FR CCNTACT insurance Apt WOO Irnformatlon I FAX iNSURDAND amen trio IN FBAae INSURER A: A -VIE 7 SAW adodNd Gamer IrSURERB. SYNDERD: INSURER F: RFVISION NU1IBFR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIARS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. TYPE GP NSIJUD E POUDY NUMBER LENTS A A A x COSIMERDIAL. GENERAL LIABILITY OIAILIBANOE x g CX:CUR aavt ADDRE USW APPLES Pet jx FOXY u LAC CRIER AUTOMOBILE UARnlrY ANY AMID lidrirmos ONLY MI SWIM) Mit ONLY al UNENDJA CUB EWERS LIAR asp I I RE1EN11ONS Garage Uatiery Garage Keene re Liatrin OCCUR OLASaLIYIE rrN X iR NIA X POLICY NUMBER POUCYNUMBER POLICY NUMBER Mos GapB OrPf POLICY NUMBER START DATE START DATE START DATE START DATE STOP DATE STOP DATE START DATE START DATE PRODUCTS - EACArOODLR ENCE AYiRir INJURY 0Q�Ea1LT� . , ADO MOLE LSAT POOILYPMNIW PAR IIMINV B i AWN* 11100011 i 2.Ai000D S Et, EACH k c DENT e.L. CIO619E • POLn'EM" UNIT AME The cglbni. Its agSErlts. amp vye9su dieted 1 nis appaall�p € Pale a Wended a116/01.d Emu mese Is s PPnmaylNon cantrihutary Additional Insureds. See alfactred AddMoral blared Endorsement City of Yakma Purchasing Deparbnent 129 N. 2nd Street Yakima, WA 98901 CANCELLATION 1• taNk000 1 004000 S 1,,631 $1,000;000 1t00„400 SHOULD ANY OF THE ABOVE DESCEND) POLICIES BE CANCELLED BEFORE THE DEPIRATTDN DATE THEREOF, NOTICE SILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROM/OHS. AIITC1RIZEO REPREIBr1A1ME SIGN/IRE ACORD2S{Y01G 3) 19011-2015 AOORD CORPORATION. All rights reserved, The ACORD name and logo me regiisiered marks of ACORD 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 26 of 28 POLICY N ER. COMMERCIAL GENERAL LI : LILY THIS ENDORSEMENT C GES THE POLICY. PLEASE R CG2010 07 04 IT CAREFULLY. ADDITIONAL INSURED - 0 NERS, LESSEES OR CONT CTORS - SCHEDULED P RSON 0 ORGAN! TION This endorsement modifies insurance p COMERCIAL GENERAL U 4 wider the following: UTY COVERAGE PART SCHEDULE Name Of Additional insured Or Ortiallid NE) The City of Yakimaisagerts, employees authortred volunteers, elected and appointed officials are included as Primary/Non-Contributory addifional insured. Information required to complete this Sc Location(a) Of Covered 0 t if aritshciren above vvillbeshalom the Dec oivi, A. Section II — Who Is An divided is to inc as an ° I insured dm (8) or org * n(8) M the , but only with respect to liability for °bodily inju damage" or Versonal and caused, in vitiole or in part by. I. Your acts or amssions; or 2. The acts or remissions of those behalf; MI I in the• of your ongoing *4 ons for insured(s) at the location(s) desig- nated e. B. With respect to the insizence afforded to these onal insureds, the following add • al exclu- sions This insurance does not apply to 'bodily injury" or 'property damage" occurring often I. All work, including materials, • * or equip- ment furnished in connection valh such work on the p (other than service, rriairitenance or repairs) to be performed by or on behalf of the addi rs al insured(s) at the lion of the covered . • . 'ons has been 4 4; or 2. That portion of ''yotr work" out of which the injury or arises has been put to Is in - use by any person or o ion other than ; -r contractor or tractor en- d in performing 'ons for a prncipal as a part of the same project 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 27 of 28 ATTACHMENT A - PICTURE/PAINTED DOORS Doors shall be painted with PPG paint, or equivalent. In Oxford White (YZ) 12135 Painting of New Police Vehicle Doors YPD (Rebid) Page 28 of 28 (Contractor's Bid Form) VI. BID FORM INVITATION TO BID NO. 12131 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 — 2022 Ford Police Interceptor Utility Vehicles Item No. 1. Description Paint the doors, Oxford White (YZ), on 2022 Ford Police Interceptor Utility Vehicles. Indicate if PPG paint or Equivalent: Qty. 56 Price Per Unit Total Price (without tax) $ SCHEDULE 2 — 2022 Ford F-150 Supercrew Vehicle 2. Paint the doors, Oxford White (YZ), on 2022 Ford F-150 Supercrew Vehicle. Indicate if PPG paint or Equivalent: Sub Total: WA State Sales Tax — Destination Based @ 8.3%: Total: Number of Vehicles that can be completed in a 45-day time frame: List discount offered off of any other items or services not specifically listed: % Check one: Discount o or Markup o Work will be guaranteed for years or miles from defects in materials or workmanship. :5 years or 60,000 miles is re uired). L . A 0 444 C4 /1- 12131 Painting of Police Vehicle Doors YPD Page 14 of 27 CITY OF YAKIMA INVITATION TO BID 12135 COVER SHEET THIS IS NOT AN ORDER BID Release Date: December 20, 2021 Bid Receipt; Bids shall be submitted to and time/date stamped by the City Clerk s Office. Yakima City Hall, Yakima, WA 98901, by 11:00:00 AM PST, on January 3, 2022, in a sealed envelope labeled Bid No. 12135, time of bid opening written on the face of it, if you are attending the bid opening, DO NOT BRING YOUR BID THE OPENING ROOM, it must be received and time/date stamped by the Clerk's Office. Late Bids will not be accepted or evaluated. Bid openings are public. Bids shall be firm for acceptance for nin date of Bid opening, unless otherwise noted 129 N 2nd S reek, ith the dat and ITH YOU NTO ty (90) days from Purchasing For: City of Yakima Police Department 200 S 3rd Street Yakima, WA 98901 Buyer in charge of this procurement (Contact for further info ation): Christina Payer, CPPB Buyer II Bids Must be received by: Phone January 3, 2022 at 11:00:oo AM PST (509) 576-6696 Public Opening El PROJECT DESCRIPTION SUMMARY E-Mail Address christina.bayer a REBID - Painting of New Police Vehicle Doors Driver and Passenger, side front and rear doors (56) 2022 Ford Police Interceptors & (1) 2022 Ford F150 Supercrew Enter Prompt Payment Discount: % net days We/I will complete project within d s after recept of order. El I hereby acknowledge receiving addendum(a) (use as many spaces as addenda rece 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 alBid; that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Bid has not been know i gly 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 urchase gools or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree- The City oes 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 f- zolc. Name of Authorized Company Represen e A Afic c.. fel Signature Company Address Y/0 ve (Type or Print) Title 12 135 Painting of New Police Vehicle Doors YPD (Rebid) Email Address Page 2 of 28 s ; 004014 74. a P: e V01414 f • 60- flist •h.siso,,r. we 1. til / •Y joi . 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.L. For Meeting of: February 15, 2022 Resolution authorizing award of B I D 12135 and execution of an agreement with LP Body Shop Inc., to purchase services for Painting of New Police Vehicle Doors Maria Mayhue, Purchasing Manager Christina Payer, Buyer I I SUMMARY EXPLANATION: On December 20, 2021, the city of Yakima solicited Bid 12135 titled Painting of New Police Vehicle Doors. Bids were solicited to provide services to paint the doors on 57 newly purchased police vehicles for the Yakima Police Department. Recommendation of award was made to LP Body Shop, Inc., and approved by Lt. Ira Cavin and Chief of Police Matthew Murray, followed by approval from the City Manager, Bob Harrison. Work will include appropriate preparation of surfaces to be painted (exterior shell only, inner jambs are not included), and shall include removal and installation of body trim and parts not painted. The work must be guaranteed for 5 years or 60,000 miles from defects in materials or workmanship. This contract is for one year, with the possibility of four additional automatic annual renewals. The estimated award amount is $98,225.50. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Approve Resolution ATTACHMENTS: Description Upload Date ID Resolution Authorizing Award of Bid and Contract 1/14/2022 Type 2 D 12135 Agreement 1/28/2022 Contract 0 12135 Bid Tabulation 1/28/2022 Backup Material