HomeMy WebLinkAbout07/18/2023 06.J. Resolution awarding and authorizing an agreement with CWA, Inc. dba Airport Shuttle, for Yakima-Ellensburg Commuter ServiceBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.J.
For Meeting of: July 18, 2023
ITEM TITLE: Resolution awarding and authorizing an agreement with CWA, Inc.
dba Airport Shuttle, for Yakima -Ellensburg Commuter Service
SUBMITTED BY: Susan Knotts, Buyer II, Purchasing Division
Alvie Maxey, Transit Manager
*Scott Schafer, Public Works Director
SUMMARY EXPLANATION:
On May 26, 2023, the City of Yakima solicited RFP 12321 P titled Yakima -Ellensburg Commuter
Service to provide shuttle service between the City of Yakima and the City of Ellensburg. This
Agreement takes the place of City Contract No. 2016-136 which expires on July 30, 2023.
CWA, LLC, proposal was reviewed and verified as meeting all the mandatory and general
qualifications and performance requirements meeting the needs of the City, therefore,
recommendation of award is made to CWA, LLC.
This contract is a two year term contract with possible two extensions of two years each. The first
term of this contract is being funded by the WSDOT Move Ahead grant.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description
Upload Date
Type
Resolution
7/14/2023
Cover Memo
Memo of Award
7/14/2023
Cover Memo
Agreement - Yakima -Ellensburg Commuter CeNce
7/14/2023
Contract
Exhibit A Yak-Ei9ensburg agrrmt
7/14/2023
Contract
Exhibit Yak -Ellensburg agrmmt
7/14/2023
Contract
RESOLUTION NO. R-2023-
A RESOLUTION awarding ufRFP12321Pand authorizing anagreement with CVVALUC,
dba; Airport Shuttle for Yakima -Ellensburg Commuter Services.
WHEREAS, the City posted and published notice on May 26'ond 28.2023inthe
Yakima Herald Republic, onthe oitv's webpage, and through Public Punchone.00mthat RFPNo.
12321Pwas available for competitive bid; and
WHEREAS, RFPs were due June 26, 2023 at 11:00 a.m.; proposals that were timely
received were publicly opened in City Council Chambers in Yakima, Washington; and
WHEREAS, only one responsive RFP was received and evaluated by Purchasing and
Transit Management; and
WHEREAS, the rate was negotiated with the Vendor and a cost/price analysis was
completed to determine that the rate was fair and reasonable pursuant to FTA Circular 4220.1 F;
and
WHEREAS, CVV/\LLC,was the only responsive Proposalreceived from aresponsible
Proposer; Purchasing and Transit Management recommends the Contract Award beissued to
CWA LLC., and that the City Manager execute the Contract; and
WHEREAS, this is a two year contract with an estimated amount of $1,050,000; and
WHEREAS, the Scope of Work and available budget meet the needs and requirements
of the City of Yakima for this procurement, now, therefore,
The RFPiG hereby awarded and the City Manager iShereby authorized t0execute the
Contract with CVV/\ LLC.' attached h8[HLO and iOCO[pO[@tHd h8[8iO by this Ref8[8OC8, in the
estimated amount Of$1'O5O'0O0for the two-year contract term Yakima -Ellensburg Commuter
Service for Yakima Transit.
ADOPTED BY THE CITY COUNCIL this 18 th day of July 2023.
J8DicODeCCO' Mayor
Roaa|inda |barna. City Clerk
memo
To: Bob Harrison, City Manager
From: Susan Knotts, Buyer 11
Date: July 14, 2023
Re: Award of RFP 12321 P Yakima -Ellensburg Commuter Service
On May 26, 2023, the City of Yakima solicited RFP 12321P Yakima -Ellensburg Commuter
Service for Yakima Transit requesting proposals for shuttle service between Yakima and
Ellensburg.
The RFP was advertised in the Yakima Herald Republic on May 26, and 28, 2023. A Notice to
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`r7117A'f1MT,vr11(;n an 510mraeu proposaTuere Trienclypea ano pumay openea snuruy aller.
This RFP went out to 125 Companies, with receipt of only one Proposals at the time of the
opening from CWA LLC. / Airport Shuttle
to timeliness, being submitted after the required due time and opening.
Proposal from CWA LLC, was then reviewed and verified as meeting all the mandatory and
general qualifications and performance requirements required in the specifications and
therefore, meeting the needs of the City.
Yakima Transit recommend Award to contract with CWA LLC, as the selected Vendor for the
City's Yakima -Ellensburg Commuter Services for the Transit Division.
The Purchasing Division is making a conscious effort to reduce our environmental footprint by
going paperless. CWA LLC, proposal is on file in the Purchasing Division. If requested it can
be email or printed for viewing.
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Waage112
APPROVED:
Greg Story,ACpf(9 TransitManager
7-i'-Cr- 2 o-z-
Date
Date
4
P q q e 212
PROFESSIONAL SERVICES AGREEMENT
FOR
RFP 12321 P
YAKIMA-ELLENSBURG COMMUTER SERVICES
THIS ELLENSBURG-YAKIMA COMMUTER SERVICE CONTRACT (hereinafter "Contract") (hereinafter "Contract")
is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter "City"),
and CWA, LLC, authorized by the Washington State Utilities and Transportation Commission under an approved UTC
License/Exemption to provide transportation services in the Yakima to Ellensburg Corridor (hereinafter "Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The minimum services (hereinafter referred to as "Services") that the Contractor will provide include services described
in RFP 12321 P Yakima -Ellensburg Communter Services, which are attached as Exhibit A hereto and incorporated
herein by this reference.
Contractor shall provide the City with commuter bus services between the cities of Yakima and Ellensburg Monday -
Friday with seven round trips during the season and six round trips during the off-season (see Attachment B -
Ellensburg -Yakima Commuter Service Schedule). The drivers are expected to stop at every bus stop utilizing the time
points established in the Bus Book Bus Schedule. The schedule is anticipated to change each season based on
service needs, the ability to meet the time points, funding partner's needs, and other factors.
The days of operation required under this contract include every day of the weekday. Service shall not be provided on
nationally recognized holidays. Service shall also be reduced when school is not in session at Central Washington
University. Dates and scheduling is established in Attachment B and shall be adjusted throughout the year to match
Central Washington's school schedule.
In order to maintain the reliability of the program, Contractor shall maintain a daily contingency plan in the event that a
driver is sick or not able to drive and have additional vehicles with the appropriate capacity available in case of
breakdowns, repairs, or needed maintenance.
2. Contract Term
This Agreement shall commence on August 1, 2023, and shall terminate June 30, 2025. The city may exercise an
option to renew this agreement for up to two additional grant -cycle biennium (July 1, 2025 — June 30, 2027; July 1,
2027 — June 30, 2029), unless terminated earlier by either party in accordance with Section 30 of this Agreement.
Term shall be based on the grant cycle with optional 2-year extensions, for the next two grant cycles. Extensions shall
be contingent upon funding. Funding for each grant cycle is determined in February or March, just before the next
grant cycle starts.
August 1, 2023 — June 30, 2025 (ends the current grant cycle)
July 1, 2025 — June 30, 2027 (two years)
July 1, 2027 — June 30, 2029 (two years)
3. Compensation
A. Compensation for Services. As consideration for the services performed pursuant to this Agreement,
the City agrees to compensate Contractor at the rate of $159.86 per vehicle revenue hour for services
provided. In no event shall the City pay for services that exceed hours scheduled in Exhibit B.
B. Payment for Compensation. Contractor shall provide the City with an itemized invoice/billing no later
than thirty (30) calendar days from the end of each month. In the event of a dispute between the parties with
regard to this issue, either party may pursue damages or compensation owed, and the provisions of Section
30 shall apply.
The City shall make payment to Contractor within twenty (20) calendar days upon receipt of each
invoice/billing. In the event the City believes that the services provided by Contractor do not conform to its
obligations under this Contract, the City may provide Notice of Default pursuant to Section 30 herein.
C. Payment in the Event of Termination. In the event that either party terminates this Agreement
pursuant to Section 30, Contractor shall be compensated for services provided under this Agreement up to
the effective termination date and time.
4. Price Increases
If requested by the Contractor in writing, no later than February 28th prior to the end of each biennium, the City will
consider increasing the Contractor's trip rates per the Seattle -Tacoma -Bremerton Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI-W) for the 24-month period of the previous two year term ending June 30 of
the year of the request. The City, in its sole discretion, will decide whether to approve or deny the rate increase request
or any part thereof. Price increases for any other justifiable reason will be considered on a case -by -case basis. Price
increase requests will not be considered or granted until any outstanding reports have been submitted to the City. If
approved, a rate increase shall take effect at the start of the next biennium.
5. Passenger Payments
A. Fares. Fares shall be charged to each individual using the service over the age of 18. The fare to
be charged shall be $5.00 for each one-way trip ($10.00 round trip). Anyone the age of 18 and under can ride
free with valid ID. No fare changes will be made unless expressly agreed to, in writing, by the City and
Contractor. No passengers shall be entitled to a free trip without prior approval from the City of Yakima based
on circumstances that warrants a courtesy trip.
B. Monthly Passes. Passengers may purchase a monthly pass, which shall act as payment for
services provided from other established vendors. No monthly passes shall be sold on the buses or by the
drivers or Contractor.
C. Service in Yakima. Passengers may use the commuter service within the Yakima Area (between
the Firing Center P&R and the Yakima Airport) at a reduced fare when not headed to Ellensburg. The cost
for that fare is $1.00 for commuter services provided between the Yakima Airport and the Firing Center P&R.
D. Fares. Drivers shall collect fares using Yakima Transit fare boxes.
6. Revenue Service Vehicles
A. The Contractor shall provide ADA accessible vehicles appropriate for the service being provided that
can operate adequately in the terrain and during extreme weather conditions consistent with the Yakima Valley
and meet the passenger demands up to 50 passengers during the peak schedule and up to 15 passengers
during the off-peak schedule (See Attachment C).
B. All vehicle in operation must be able to accept installation of cameras along with GIS/GPS and Wi-
Fi equipment to allow for the vehicle to be tracked on the City of Yakima's GIS website. Contractor shall allow
reasonable access to install, repair, or replace this type of equipment and collect related data.
C. Contractor shall maintain, secure, and utilize Yakima Transit's fare collection equipment in their
vehicles. This includes not only fare boxes, but also passenger counter devices that might be installed.
7. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property
of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
8. 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, as an independent contractor, assumes the entire responsibility for carrying
out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor,
Contractor and its employees shall make no claim of City employment nor make any claim against the City for any
related employment benefits, social security, retirement benefits or benefits of any kind that are normally an incident of
employment. Nothing contained herein shall be interpreted as creating a relationship of servant, employee,
partnership, or agency between Contractor or any officer, employee, or agent of Contractor and the City. 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.
9. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to
all contractual matters arising hereunder, including the performance of services and the payment of any and all charges
resulting from its contractual obligations.
10. Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than regular associates or
employees of Contractor shall be engaged on such work or services. Contractor shall not (by contract, operation of
law or otherwise) delegate or subcontract performance of any services to any other person or entity without the prior
written consent of the City which consent shall not be unreasonably withheld, and except for incidental transit services
for unmet demand. Any such delegation or subcontracting without the City's prior written consent shall be voidable at
the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's prior written consent,
shall relieve Contractor of its responsibility to perform the services in accordance with this Contract. Contractor shall
be fully responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors,
and any other person who performs or furnishes any services (collectively, the "Support").
Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to
performance of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative
of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of
the City. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its
employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's
liability insurance as required by state law. The Contractor will have an active account with the Department of Revenue,
other state agencies as needed, and a separate set of books or records that reflect all items of income and expenses
of the business that the Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the profession. At
the time of performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the
services in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor
shall perform the services in accordance with its own methods.
11. Removal of Subcontractor
If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may
request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall
not employ the subcontractor for any further work/services under this Contract.
12. Personal Liability of Public Officers
No officer or employee of CITY OF YAKIMA shall be personally liable for any acts or failure to act in connection with
this AGREEMENT, it being understood that in such matters they are acting solely as agents of CITY OF YAKIMA.
13. Coordination of the Work
The City designates the Transit Manager or a designee as its representative authorized to act on its behalf in the
direction of the work under this Agreement. Contractor designates their President or a designee as its representative
authorized to act on its behalf in the direction of the work under this Agreement. This authority of the designated official
does not extend to issuing directives outside the scope of, or contradictory, to the provisions of this Agreement. Said
representative shall have full authority to direct all affairs in respect to the work performed under this Agreement. Any
designation beyond those specifically stated herein to act on the authority of either party shall be in writing provided to
the other party and revoked in the same manner.
14. Marketing
The City of Yakima shall be responsible for marketing the service. Contractor shall provide reasonable responses to
the public.
15. General Compliance Assurance
The CONTRACTOR agrees to give reasonable guarantees that it and its subcontractors, lessees, and any third -party
contractors under this AGREEMENT, will comply with all requirements imposed by, or pursuant to, 49 U.S.C. Ch. 53
and other applicable Federal regulations. The CONTRACTOR agrees to comply with the provisions of 49 CFR Part 18
or 49 CFR Part 19 or FAR, 48 CFR Chapter 1, subpart 31 whichever is applicable, and cost principles as defined in
OMB circulars A-87 and A-122. The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's
Guide to Managing Your Public Transportation Grant, and any amendments thereto. The CONTRACTOR agrees that
the United States, any agency thereof, WSDOT and any of WSDOT's representatives, have not only the right to monitor
the compliance of the CONTRACTOR with the provisions of this Assurance, but also have the right to seek judicial
enforcement with regard to any matter arising under Federal transit laws and regulations, and this Assurance.
16. Reporting Requirements
The monthly invoice submitted by the Contractor must be accompanied by progress reports of service rendered in
perfomance of the contract broken down for each month detailing;
• actual vehicle miles,
• actual vehicle revenue miles,
• actual vehicle hours,
• actual vehicle revenue hours,
• unlinked passenger trips,
• passenger miles traveled
The information submitted needs to fully and accurately represent the service. Reporting shall consist of every boarding
and deboarding at each stop. As an express commuter service, no stops are authorized other than the ones listed in
the schedule Attachment B-1.
All necessary reporting must be submitted to Yakima Transit with any invoice or request for payment. Any deviation
from this requirement must be specifically approved in writing by Yakima Transit's Manager in advance. Invoices will
not be paid until this information has not been submitted to the City of Yakima.
17. Successors and Assigns
A. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests
accruing from this Contract without the prior written consent of the other.
B. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
18. 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.
19. Inspection and Production of Records
A. The records relating to the Services shall, at all times, be subject to inspection by and with the
approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not
relieve Contractor of responsibility for performance of the Services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease
of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of
the requested documents to the City. Contractor's records relating to the Services will be provided to the City
upon the City's request.
B. Contractor shall promptly furnish the City with such information and records which are related to the
Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final
payment of the compensation payable under this Contract, or for a longer period if required by law or by the
Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access
to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers
and records which are related to the Services performed by Contractor under this Contract.
C. All records relating to Contractor's services under this Contract must be made available to the City,
and the records relating to the Services are City of Yakima records. They must be produced to third parties,
if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records
relating to Contractor's services under this Contract must be retained by Contractor for the minimum period
of time required pursuant to the Washington Secretary of State's records retention schedule.
D. The terms of this section shall survive any expiration or termination of this Contract.
20. 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.
10
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 per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and
shall satisfy all applicable City Code provisions and pay all charges, fees, and taxes associated with said
license. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be
made to the Office of Code Administration, telephone (509) 575-6121.
B. Contractor must provide proof of a valid Washington department of Revenue state excise tax
registration number, as required in Title 85 RCW.
C. 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 39.06.101 or 36.12.065(3).
D. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
E. 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.
21. Federal Requirements and Changes
The Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, 2 CFR
200 Procurement Standards (Attachment A), policies, procedures and directives, including without limitation those
listed directly or by reference in the Master Agreement (Form FTA MA-6 dated October 1, 2001) between Yakima
Transit and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The
Contractor's failure to so comply shall constitute a material breach of this Agreement.
22. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or
the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against
Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
of Services under this Agreement.
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.
23. Civil Rights
The CONTRACTOR shall comply with all applicable civil rights laws, regulations and directives, except to the extent
that the Federal Government determines otherwise in writing. These include, but are not limited to, the following:
m
A. Nondiscrimination in Federal Transit Programs. The CONTRACTOR agrees to comply, and assures
compliance by each third -party contractor, lessee or other participant at any tier, with the provisions of 49
USC § 5332, which prohibits discrimination on the basis of race, color, religion, national origin, sex, disability
or age, and prohibits discrimination in employment or business opportunity;
B. Nondiscrimination -Title VI of the Civil Rights Act. The CONTRACTOR agrees to comply, and assure
compliance by each third -party contractor at any tier, with all provisions prohibiting discrimination on the basis
of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 USC §§ 2000d et
seq.; and U.S. DOT regulations, "Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation --Effectuation of Title VI of the Civil Rights Act", 49 CFR Part 21. Except to the extent FTA
determines otherwise in writing, the CONTRACTOR also agrees to follow all applicable provisions of the most
recent edition of FTA Circular 4702.1A, "Title VI and Title VI -Dependent Guidelines for Federal Transit
Assistance Recipients," to the extent consistent with applicable Federal laws, regulations , and guidance; and
U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 CFR § 50.3, and any other
applicable Federal guidance that may be issued;
C. Equal Employment Opportunity. The CONTRACTOR agrees to comply, and assures compliance by
each third -party contractor, lessee or other participant at any tier of the Project, with all equal employment
opportunity (EEO) provisions of 49 USC §5332, with requirements of Title VII of the Civil Rights Act of 1964,
as amended, 42 USC § 2000e et seq., and any implementing Federal regulations and any subsequent
amendments thereto. Except to the extent FTA determines otherwise in writing, the CONTRACTOR also
agrees to comply with any applicable Federal EEO directives that may be issued. Accordingly:
1) The CONTRACTOR agrees that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, disability, age, national origin, or any other group
protected under federal or state laws. The CONTRACTOR agrees to take affirmative action to
ensure that applicants are employed and that employees are treated during employment, without
regard to their race, color, religion, sex, disability, age, or national origin. Such action shall include,
but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONTRACTOR shall also comply with any implementing
requirements FTA may issue.
2) If the CONTRACTOR is required to submit and obtain Federal Government approval of its EEO
program, that EEO program approved by the Federal Government is incorporated by reference and
made part of this AGREEMENT. Failure by the CONTRACTOR to carry out the terms of that EEO
program shall be treated as a violation of this AGREEMENT. Upon notification to the CONTRACTOR
of its failure to carry out the approved EEO program, the Federal Government may impose such
remedies, as it considers appropriate, including termination of federal financial assistance, or other
measures that may affect the CONTRACTOR's eligibility to obtain future federal financial assistance
for transportation projects.
D. Nondiscrimination on the Basis of Sex. The CONTRACTOR agrees to comply with all applicable
requirements of Title IX of the Education Amendments of 1972, as amended, 20 USC §§ 1681 et seq. and
with any implementing Federal regulations that prohibit discrimination on the basis of sex that may be
applicable.
E. Nondiscrimination on the basis of Age. The CONTRACTOR agrees to comply with applicable
requirements of:
1) The Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq., and with implementing
U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs
12
and Activities Receiving Federal Financial Assistance", 45 CFR Part 90, which prohibits
discrimination on the basis of age.
2) The Age Discrimination in Employment Act (ADEA) 29 USC §§ 621 through 634 and with
implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age
Discrimination in Employment Act" 29 CFR Part 1625.
F. Disabilities -Employment. In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 USC § 12112, the CONTRACTOR agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In
addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue.
G. Disabilities -Access. The CONTRACTOR agrees to comply with all applicable requirements of
section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, which prohibit discrimination on
the basis of handicap; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101
et seq., which requires the provision of accessible facilities and services to be made available to persons with
disabilities; and the Architectural Barriers Act of 1968, as amended, 42 USC §§ 4151 et seq, which requires
that buildings and public accommodations be accessible to persons with disabilities and with other laws and
amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition,
the Recipient agrees to comply with applicable implementing Federal regulations and any later amendments
thereto, and agrees to follow applicable Federal directives except to the extent FTA approves otherwise in
writing. Among those regulations and directives are the following: U.S. DOT regulations, "Transportation
Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; U.S. DOT regulations, "Nondiscrimination
on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial
Assistance," 49 CFR Part 27; Joint U.S. Architectural and Transportation Barriers Compliance Board U.S.
DOT regulations; "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,"
36 CFR Part 1192 and 49 CFR Part 38; U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in
State and Local Government Services," 28 CFR Part 35; U.S. DOJ regulations, "Nondiscrimination on the
Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; U.S. GSA
regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19; U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 CFR Part 1630; U.S. Federal Communications Commission regulations,
"Telecommunications Relay Services and Related Custom Premises Equipment for the Hearing and Speech
Disabled," 47 CFR Part 64, Subpart F; U.S. Architectural and Transportation Barriers Compliance Board
(ATBCB) regulations, "Electronic and Information Technology Accessibility Standards" 36 CFR Part 1194;
FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609; and Federal civil
rights and nondiscrimination directives implementing the foregoing regulations, except to the extent the
Federal Government determines otherwise in writing.
H. Drug or Alcohol Abuse. Confidentiality and Other Civil Rights Protections. The CONTRACTOR
agrees to comply with the confidentiality and other civil rights provisions of the Drug Abuse Office and
Treatment Act of 1972, as amended 21 USC §§ 1101 et seq.; with the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; 42 USC §§ 4541 et seq.; and
comply with the Public Health Service Act of 1912, as amended, 42 USC §§ 290dd through 290dd-2, and any
amendments to these laws. The CONTRACTOR understands the requirements of confidentiality concerning
persons covered and/or receiving services and/or treatment regarding alcohol and drug abuse, as defined in
the aforementioned acts as applicable, including any civil and criminal penalties for not complying with the
requirements of confidentiality and that failure to comply with such requirements may result in termination of
this AGREEMENT.
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I. Access to Services for Persons with Limited English Proficiency. The CONTRACTOR agrees to
comply with the policies of Executive Order No.13166, "Improving Access to Services for Persons with Limited
English Proficiency," 42 USC § 2000d-1 note, and with provisions of U.S. DOT Notice "DOT Policy Guidance
Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087,
December 14, 2005.
J. Environmental Justice. The CONTRACTOR agrees to comply with the policies of Executive Order
No. 12898, "Federal Actions to Address Environmental Justice in Minority populations and Low -Income
Populations", 42 USC § 4321 note; and DOT Order 5610.2, "Department of Transportation Actions to address
Environmental Justice in Minority Populations and Low -Income Populations," 62 Fed. Reg. 18377 et seq.,
April 15, 1997, and The most recent and applicable edition of FTA Circular 4703.1, "Environmental Justice
Policy Guidance for Federal Transit Administration Recipients," August 15, 2012, except to the extent that the
Federal Government determines otherwise in writing.
K. Other Nondiscrimination Statutes. The CONTRACTOR agrees to comply with all applicable
provisions of other Federal laws, regulations, and directives pertaining to and prohibiting discrimination and
other nondiscrimination statute(s) that may apply to the Project including chapter 49.60 RCW.
24. Participation of Disadvantaged Business Enterprises
To the extent applicable, the CONTRACTOR shall take the following measures to facilitate participation by
disadvantaged business enterprises (DBE) in the Project:
A. The CONTRACTOR agrees to comply with section 1101(b) of MAP-21, 23 USC §101 note, and U.S.
DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs," 49 CFR Part 26; and Federal transit law, specifically 49 USC § 5332.
B. The CONTRACTOR agrees that it shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any third -party contract, or sub -agreement supported with federal
assistance derived from the U.S. DOT or in the administration of its DBE program or the requirements of 49
CFR Part 26. The CONTRACTOR agrees to take all necessary and reasonable steps under 49 CFR Part 26
to ensure nondiscrimination in the award and administration of all third -party contracts and sub -agreements
supported with federal assistance derived from the U.S. DOT. The CONTRACTOR's DBE program, as
required by 49 CFR Part 26 and approved by the U.S. DOT, is incorporated by reference and made part of
this AGREEMENT. Implementation of the DBE program is a legal obligation, and failure to carry out its terms
shall be treated as violation of this AGREEMENT. Upon notification to the CONTRACTOR of its failure to
implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR
Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC § 1001, and/or the
Program Fraud Civil Remedies Act, 31 USC §§ 3801 et seq.
25. 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.
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26. Indemnification and Hold Harmless
A. Contractor shall take all necessary precautions in performing the Services to prevent injury to
persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its
elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and
volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions,
investigations, and regulatory or other governmental proceedings arising from or in connection with this
Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or
subcontractor, in performance of this Agreement.
B. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor
waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51
RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any
way by any limitation on the amount of damages, compensation or benefits payable to or by any third party
under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor
shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and
anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply
with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential
liability for actions brought by their respective employees. The Parties acknowledge that they have mutually
negotiated this waiver.
C. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability,
including the duty and cost to defend, shall be only to the extent of the Contractor's negligence.
D. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
E. The terms of this Section shall survive any expiration or termination of this Contract.
27. 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 shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the
certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure 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. These limits can be satisfied with any combination of uderlying limits and umbrella:
A. Commercial Liability Insurance: Before this Contract is fully executed by the parties, Contractor
shall provide the City with a certificate of insurance and additional insured endorsements as proof of
commercial liability insurance with a minimum liability limit of Ten Million Dollars (10,000,000.00) per
occurrence, combined single limit bodily injury and property damage, and Ten Million Dollars (10,000,000.00)
general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate
IR
of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys
and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and
additional insured endorsements shall name the City of Yakima, its elected and appointed officials,
employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer
will not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities
or obligations assumed by Contractor under this contract.
B. Automobile Liability Insurance: Before this Contract is fully executed by the parties, Contractor
shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum
liability limit of Ten Million Dollars (10,000.000.00) per occurrence. If Contractor carries higher coverage limits,
such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and
appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for
such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The certificate of insurance and additional insured endorsements shall name the
City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving
the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well
as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall
not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The
business auto liability shall include Hired and Non -Owned coverage if necessary.
C. Employer's Liability (Stop Gap): Contractor and all subcontractor(s) shall at all times comply with
all applicable workers' compensation, occupational disease, and occupational health and safety laws,
statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a
limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by
Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to
assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility.
D. Workers Compensation: The contractor shall also maintain workers compensation through
the State of Washington.
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. All additional insured endorsements required by this Section
shall include an explicit waiver of subrogation.
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.
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28. 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.
29. Contract Documents
This Contract, the Request for Qualifications & Proposals No. 12312P and Yakima -Ellensburg Commuter Services
Scope of Work, including conditions, addenda, attachments, and modifications and Contractor's proposal (to the extent
consistent with Yakima City documents) constitute the Contract Documents and are complementary. In case of conflict
or ambiguity, the documents shall have the following priority for the purpose of interpreting the terms, covenants,
conditions, or duties therein: Specific Federal and State laws and the terms of this Contract, in that order respectively,
supersede other inconsistent provisions. The parties acknowledge that there are no other representations, agreements,
or conditions not specifically referred to or set forth in the foregoing documents which are a part of this Agreement.
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.
30. Termination
A. Termination for Convenience
CITY OF YAKIMA and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in
part, and all or any part of the federal and/or state financial assistance provided herein, with 90 days written
notice to the other PARTY in accordance with 49 CFR Part 18 § 18.44 or 49 CFR Part 19 § 19.61, as
applicable. CITY OF YAKIMA and the CONTRACTOR shall agree upon the AGREEMENT termination
provisions including but not limited to the settlement terms, conditions, and in the case of partial termination
the portion to be terminated. Written notification must set forth the reasons for such termination, the effective
date, and in case of a partial termination, the portion to be terminated. However, if, in the case of partial
termination, CITY OF YAKIMA determines that the remaining portion of the award will not accomplish the
purposes for which the award was made CITY OF YAKIMA may terminate the award in its entirety. CITY OF
YAKIMA and/or the CONTRACTOR may terminate this AGREEMENT for convenience for reasons including,
but not limited to, the following:
1) The requisite federal and/or state funding becomes unavailable through failure of appropriation or
otherwise;
2) CITY OF YAKIMA determines, in its sole discretion, that the continuation of the Project would not
produce beneficial results commensurate with the further expenditure of federal and/or state funds;
3) The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive
Order of the President with respect to the prosecution of war or in the interest of national defense;
or an Executive Order of the President or Governor of the State with respect to the preservation of
energy resources;
4) The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary
preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction
where the issuance of such order or injunction is primarily caused by the acts or omissions of persons
or agencies other than the CONTRACTOR;
5) The Federal Government and/or State Government determines that the purposes of the statute
authorizing the Project would not be adequately served by the continuation of federal and/or state
financial assistance for the Project;
6) The Federal Government terminates this AGREEMENT due to a determination that the
CONTRACTOR has: (a) willfully misused Federal assistance Funds by failing to make adequate
progress on the Project, (b) failed to make reasonable and appropriate use of the Project real
property, facilities, or equipment, or (c) failed to comply with the terms of this AGREEMENT. In the
event of a termination under this subsection, and the Federal Government exercises its right to
require CITY OF YAKIMA to refund any or all of the Federal Funds provided for the Project, the
CONTRACTOR shall return all monies reimbursed to it by CITY OF YAKIMA, in the amount required
by the Federal Government, within sixty (60) days of its receipt of a certified letter from CITY OF
YAKIMA; or,
7) In the case of termination for convenience under subsections A.1 through A.5 above, CITY OF
YAKIMA shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT which
the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit
its claim for reimbursement to CITY OF YAKIMA. If the CONTRACTOR has any property in its
possession belonging to CITY OF YAKIMA, the CONTRACTOR will account for the same, and
dispose of it in the manner CITY OF YAKIMA directs.
B. Termination for Cause
CITY OF YAKIMA may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any
part of the federal financial assistance provided herein, at any time by written notice to the CONTRACTOR, if
the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT,
including:
1) Takes any action pertaining to this AGREEMENT without the approval of CITY OF YAKIMA, which
under the procedures of this AGREEMENT would have required the approval of CITY OF YAKIMA;
2) Jeopardizes its ability to perform pursuant to the AGREEMENT, Federal, Washington, or local
governmental laws under which the CONTRACTOR operates.
3) Fails to make reasonable progress on the Project or other violation of this AGREEMENT that
endangers substantial performance of the Project; or
4) Fails to perform in the manner called for in this AGREEMENT or fails to comply with, or is in violation
of, any provision of this AGREEMENT. CITY OF YAKIMA shall serve a notice of termination on the
CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is
later determined by CITY OF YAKIMA that the CONTRACTOR had an excusable reason for not
performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR,
such as a strike, fire or flood, CITY OF YAKIMA may: (a) allow the CONTRACTOR to continue work
after setting up a new delivery of performance schedule, or (b) treat the termination as a termination
for convenience.
C. CITY OF YAKIMA, in its sole discretion may, in the case of a termination for breach or default, allow
the CONTRACTOR ten (10) business days, or such longer period as determined by CITY OF YAKIMA, in
which to cure the defect. In such case, the notice of termination will state the time period in which cure is
permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to CITY OF YAKIMA's
satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of
termination, CITY OF YAKIMA shall have the right to terminate this AGREEMENT without any further
obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude CITY
OF YAKIMA from also pursuing all available remedies against CONTRACTOR and its sureties for said breach
or default.
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D. In the event that CITY OF YAKIMA elects to waive its remedies for any breach by CONTRACTOR
of any covenant, term or condition of this AGREEMENT, such waiver by CITY OF YAKIMA shall not limit CITY
OF YAKIMA's remedies for any succeeding breach of that or of any other term, covenant, or condition of this
AGREEMENT.
31. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default
as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle
such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned
methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute
resolution may be implemented.
32. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written amendment,
signed by the City Manager, or pursuant to Section 72 below entitled "Change or Notice". Any violation of this procedure
by the Contractor will be considered cause for immediate cancellation of the Contract for cause by the City.
33. Contractor Shall Furnish
Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the same may
be required to perform and provide the services in accordance with the terms of this Contract: personnel, labor,
products and supervision; and technical, professional and other services. All such services, products, property and
other items furnished or required to be furnished, together with all other obligations performed or required to be
performed, by Contractor under this Contract are sometime collectively referred to in this Contract as the "(Services)."
34. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned
in another shall be performed to the same extent as though required by all. Details of the services that are not
necessary to carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished
by Contractor as part of the services, without any increase in the compensation otherwise payable under this Contract.
35. Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after the City's receipt and
verification thereof; provided, however, that all such payments are expressly conditioned upon Contractor providing
services hereunder that are satisfactory to the City. The City will notify the Contractor promptly if any problems are
noted with the invoice. To insure prompt payment, each invoice should cite purchase order number, RFQP number,
detailed description of work, unit and total price, discount term and include the Contractor's name and return remittance
address.
Contractor will mail invoices to the City at the following address:
City of Yakima
Attn: Gregory Story, Transit Assistant Manager
2301 Fruitvale Boulevard
Yakima, WA 98902
36. Taxes and Assessments
Contractor shall be solely responsible for compensating its employees and shall pay all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment
and industrial injury insurance, and other deductions from income which may be required by law or assessed against
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either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this
Contract, Contractor shall pay the same before it becomes due.
37. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington.
38. Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may request and in
such form as the City requires pertaining to the work or services undertaken pursuant to this Agreement. The costs
and obligations incurred or to be incurred in connection therewith, and any other matter are to be covered by this
Agreement.
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 equipment for such inspection and free access to such facilities.
39. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All
records must be kept in accordance with generally accepted accounting procedures. All procedures must be in
accordance with federal, state and local ordinances.
The City shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating
to any contract resulting from this proposal held by the Contractor. The Contractor will retain all documents applicable
to the contract for a period of not less than three (3) years after final payment is made.
40. Accounting Records
A. Proiect Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established accounting system that
can be identified with the Project, in accordance with applicable federal regulations and other requirements
that FTA may impose. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers,
orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified,
readily accessible, and available to CITY OF YAKIMA and FTA upon request, and, to the extent feasible, kept
separate from documents not pertaining to the Project.
B. Funds Received or Made Available for the Project. The CONTRACTOR agrees to deposit in a
financial institution, all Project payments it receives from the Federal Government and record in the Project
Account all amounts provided by the Federal Government in support of this Grant AGREEMENT or
Cooperative AGREEMENT and all other funds provided for, accruing to, or otherwise received on account of
the Project (Project funds) in accordance with applicable Federal regulations and other requirements FTA
may impose. Use of financial institutions owned at least 50 percent by minority group members is encouraged.
C. Documentation of Project Costs. The CONTRACTOR agrees to support all allowable costs charged
to the Project, including any approved services contributed by the CONTRACTOR or others, with properly
executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety
of the charges.
D. Checks Orders and Vouchers. The CONTRACTOR agrees to refrain from drawing checks, drafts,
or orders for goods or services to be charged against the Project Account until it has received and filed a
properly signed voucher describing in proper detail the purpose for the expenditure.
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41. Audit, Inspections and Retention of Records
A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the course of
the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data,
documents, reports, records, contracts, and supporting materials, both paper and electronic, relating to the
Project as CITY OF YAKIMA may require. Reporting and record -keeping requirements are set forth in 49 CFR
Part 18 or 19, whichever is applicable. Project closeout does not alter these recording and record -keeping
requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during
the aforementioned six -year period then the CONTRACTOR's obligations hereunder shall be extended until
the conclusion of that pending audit, enforcement, or litigation process.
B. General Audit Requirements. The CONTRACTOR agrees to perform the financial and compliance
audits required by the Single Audit Act Amendments of 1996, 31 USC §§ 7501 et seq. As provided by 49 CFR
§ 18.26 or 19.26, whichever is applicable, these audits must comply with OMB Circular A-133, Revised,
"Audits of States, Local Governments, and Non -Profit Organizations," and the latest applicable OMB A-133
Compliance Supplement provisions for the U.S. DOT, and any further revision or supplement thereto. The
CONTRACTOR agrees that audits will be carried out in accordance with U.S. General Accounting Office
"Government Auditing Standards." The CONTRACTOR agrees to obtain any other audits required by the
Federal Government or CITY OF YAKIMA. Project closeout will not alter the CONTRACTOR's audit
responsibilities.
C. Inspection. The CONTRACTOR agrees to permit CITY OF YAKIMA, the State Auditor, the United
States Department of Transportation, and the Comptroller General of the United States, or their authorized
representatives, to inspect all Project work materials, payrolls, and other data and records, and to audit the
books, records, and accounts of the CONTRACTOR and its subcontractors pertaining to the Project. The
CONTRACTOR agrees to require each third -party contractor whose contract award is not based on
competitive bidding procedures as defined by the United States Department of Transportation to permit CITY
OF YAKIMA, the State Auditor, the United States Department of Transportation, and the Comptroller General
of the United States, or their duly authorized representatives, to inspect all work, materials, payrolls, and other
data and records involving that third -party contract, and to audit the books, records, and accounts involving
that third -party contract as it affects the Project as required by 49 USC § 5325(g).
42. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other
than the limited purposes set forth in this Contract, and all related and necessary actions taken in fulfillment of the
obligations there under. Contractor shall hold all Confidential Information in confidence, and shall not disclose such
Confidential Information to any persons other than those directors, officers, employees, and agents ("Representatives")
who have a business -related need to have access to such Confidential Information in furtherance of the limited
purposes of this Contract and who have been apprised of, and agree to maintain, the confidential nature of such
information in accordance with the terms of this Contract.
Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the
confidentiality of the Confidential Information while in its possession or control including transportation, whether
physically or electronically.
Contractor shall ensure that all indications of confidentiality contained on or included in any item of Confidential
Information shall be reproduced by Contractor on any reproduction, modification, or translation of such Confidential
Information. If requested by the City in writing, Contractor shall make a reasonable effort to add a proprietary notice
or indication of confidentiality to any tangible materials within its possession that contain Confidential Information of the
City, as directed.
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Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from the date of
termination of this Contract, and shall return or destroy said Confidential Information as directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent
such disclosure is required under law or a court order, provided that the City shall be given prompt written notice of
such proceeding if giving such notice is legally permissible.
43. Procurement
The CONTRACTOR shall make purchases of any incidental goods or supplies essential to this AGREEMENT through
procurement procedures approved in advance by CITY OF YAKIMA and consistent with the following provisions:
A. General Procurement Requirements. The CONTRACTOR shall comply with third -party procurement
requirements of 49 U.S.C. Ch. 53 and other applicable Federal laws in effect now or as subsequently enacted;
with the United States Department of Transportation (U.S. DOT) third -party procurement regulations of 49
CFR § 18.36 or 49 CFR § 19.40 through 19.48 and other applicable Federal regulations pertaining to third -
party procurements and subsequent amendments thereto. The CONTRACTOR shall also comply with the
provisions of FTA Circular 4220.1F, "Third Party Contracting Guidance," November 1, 2008, and any later
revision thereto, except to the extent FTA determines otherwise in writing, which by this reference are
incorporated herein; and any reference therein to "Grantee" shall mean CONTRACTOR.
B. Full and Open Competition. In accordance with 49 USC § 5325(a), the CONTRACTOR agrees to
conduct all procurement transactions in a manner that provides full and open competition as determined by
FTA.
C. Preference for United States Products and Services. To the extent applicable, the CONTRACTOR
agrees to comply with the following U.S. preference requirements:
2) Buy America. The CONTRACTOR agrees to comply with 49 USC § 53230), with FTA regulations,
"Buy America Requirements," 49 CFR Part 661, and any later amendments thereto.
3) Cargo Preference —Use of United States -Flag Vessels. The CONTRACTOR agrees to comply with
46 USC § 55305 and U.S. Maritime Administration regulations, "Cargo Preference—U.S.-Flag
Vessels," 46 CFR Part 381, to the extent those regulations apply to the Project.
4) Fly America. The CONTRACTOR understands and agrees that the Federal Government will not
participate in the costs of international air transportation of any persons involved in or property
acquired for the Project unless that air transportation is provided by U.S.-flag air careers to the extent
service by U.S.-flag air carriers is available, in accordance with the International Air Transportation
Fair Competitive Practices Act of 1974, as amended, 49 USC § 40118, and with U.S. GSA
regulations, "Use of United States Flag Air Carriers," 41 CFR §§ 301-10.131 through 301-10.143.
D. Preference for Recycled Products. To the extent applicable, The CONTRACTOR agrees to comply
with U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products
Containing Recovered Materials", 40 CFR Part 247, which implements section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 USC §
6962. Accordingly, the CONTRACTOR agrees to provide a competitive preference for products and services
that conserve natural resources, protect the environment, and are energy efficient, except to the extent that
the Federal Government determines otherwise in writing.
E. Geographic Restrictions. The CONTRACTOR agrees to not use any state or local geographic
preference, except those expressly mandated or encouraged by federal statute or as permitted by FTA.
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F. Government Orders. In case any lawful government authority shall make any order with respect to
the Project or Project Equipment, or any part thereof, or the PARTIES hereto or either PARTY, the
CONTRACTOR shall cooperate with CITY OF YAKIMA in carrying out such order and will arrange its
operation and business so as to enable CITY OF YAKIMA to comply with the terms of the order.
44. Ethics
A. Code of Ethics. The CONTRACTOR agrees to maintain a written code or standards of conduct that
shall govern the performance of its officers, employees, board members, or agents engaged in the award and
administration of contracts, subagreements, leases, third -party contracts, or other arrangements supported
by federal assistance. The code or standards shall provide that the CONTRACTOR's officers, employees,
board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from
any present or potential subcontractor, lessee, sub -recipient, or participant at any tier of the Project, or agent
thereof. The CONTRACTOR may set de minimis rules where the financial interest is not substantial, or the
gift is an unsolicited item of nominal intrinsic value. These codes or standards shall prohibit the
CONTRACTOR's officers, employees, board members, or agents from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As
permitted by state or local law or regulations, such code or standards shall include penalties, sanctions, or
other disciplinary actions for violations by the CONTRACTOR's officers, employees, board members, or
agents, or by subcontractors, lessees, sub -recipients, other participants, or their agents. The CONTRACTOR
must fully comply with all the requirements and obligations of chapter 42.52 RCW that govern ethics in state
and local governments.
1) Personal Conflict of Interest. The CONTRACTOR's code or standards shall prohibit the
CONTRACTOR's employees, officers, board members, or agents from participating in the selection,
award, or administration of a contract supported by Federal Funds if a real or apparent conflict of
interest would be involved. Such a conflict would arise when any of the PARTIES set forth below has
a financial or other interest in the firm or entity selected for award:
a) The employee, officer, board member, or agent;
b) Any member of his or her immediate family;
c) His or her partner; or
d) An organization that employs, or is about to employ, any of the above.
2) Organizational Conflict of Interest. The CONTRACTOR's code or standard of conduct must include
procedures for identifying and preventing real and apparent organizational conflicts of interest. An
organizational conflict of interest exists when the nature of the work to be performed under a
proposed third -party contract, subagreement, lease, or other arrangement at any tier may, without
some restrictions on future activities, result in an unfair competitive advantage to the subrecipient,
lessee, third -party contractor, or other participant ant any tier of the Project or impair its objectivity in
performing the work under this AGREEMENT.
C. Debarment and Suspension. The CONTRACTOR agrees to comply, and assures the compliance of
each sub -recipient, lessee, third -party contractor, or other participant at any tier of the project, with the
requirements of Executive Orders Numbers 12549 and 12689, "Debarment and Suspension, "31 USC p 6101
note, and U.S. DOT regulations, "Non -procurement Suspension and Debarment" 2 CFR Part 1200, which
adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) "Guidelines to
Agencies on Government -wide Debarment and Suspension (Non -procurement)," 2 CFR Part 180. The
CONTRACTOR agrees to, and assures that its subrecipients, lessees, third -party contractors, and other
participants at any tier of the Project will, search the Excluded Parties Listing System records at www.sam.gov
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before entering into any third subagreement, lease, third -party contract, or other arrangement in connection
with the Project, and will include a similar term or condition in each of its lower -tier covered transactions.
D. Bonus or Commission. The CONTRACTOR affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its application for federal financial assistance for this Project.
E. Relationships with Employees and Officers of CITY OF YAKIMA. The CONTRACTOR shall not
extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of CITY OF
YAKIMA, nor shall the CONTRACTOR rent or purchase any equipment and materials from any employee or
officer of CITY OF YAKIMA.
F. Restrictions on Lobbying. The CONTRACTOR agrees to:
1) Comply with 31 USC § 1352(a) and will not use Federal assistance to pay the costs of influencing
any officer or employee of a Federal agency, Member of Congress, officer of Congress or employee
of a member of Congress, in connection with making or extending the Grant AGREEMENT or
Cooperative Agreement; and
2) Comply, and assure compliance by each subcontractor at any tier, each lessee at any tier and each
sub -recipient at any tier, with applicable requirements of U.S. DOT regulations, "New Restriction on
Lobbying," 49 CFR Part 20, modified as necessary by 31 USC § 1352; and
3) Comply with federal statutory provisions to the extent applicable prohibiting the use of Federal
assistance Funds for activities designed to influence Congress or a state legislature on legislation or
appropriations, except through proper, official channels.
G. Employee Political Activity. To the extent applicable, the CONTRACTOR agrees to comply with the
provisions of the Hatch Act, 5 USC §§ 1501 through 1508, and §§ 7324 through 7326, and Office of Personnel
Management regulations, "Political Activity of State or Local Officers or Employees," 5 CFR Part 151. The
Hatch Act limits the political activities of state and local agencies and their officers and employees, whose
principal employment activities are financed in whole or in part with Federal Funds including a loan, grant, or
cooperative agreement. Nevertheless, in accordance with 49 USC § 5307 (k)(2)(B) and 23 USC § 142(g), the
Hatch Act does not apply to a non -supervisory employee of a public transportation system (or of any other
agency or entity performing related functions) receiving assistance pursuant to MAP-21 or SAFETEA-LU
provisions and/or receiving FTA assistance to whom the Hatch Act does not otherwise apply.
H. False or Fraudulent Statements or Claims. The CONTRACTOR acknowledges and agrees that:
1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §§ 3801 et seq.,
and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its activities
in connection with the Project. Accordingly, by executing this AGREEMENT, the CONTRACTOR
certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may
make in connection with the Project covered by this AGREEMENT. In addition to other penalties
that may apply, the CONTRACTOR also acknowledges that if it makes a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as
amended, on the CONTRACTOR to the extent the Federal Government deems appropriate.
2) Criminal Fraud. If the CONTRACTOR makes a false, fictitious, or fraudulent claim, statement,
submission, certification, assurance, or representation to the Federal Government or includes a
false, fictitious, or fraudulent statement or representation in any agreement in connection with this
Project authorized under 49 USC Chapter 53 or any other federal law, the Federal Government
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reserves the right to impose on the CONTRACTOR the penalties of 49 USC §5323(1), 18 USC §
1001 or other applicable Federal law to the extent the Federal Government deems appropriate.
I. Trafficking in Persons. To the extent applicable, the CONTRACTOR agrees to comply with, and
assures the compliance of each subrecipient with, the requirements of the subsection 106(g) of the Trafficking
Victims Protection Act of 2000 (TVPA), as amended, 22 USC § 7104(g), and the provisions of this Subsection
3.g of FTA Master Agreement (19) dated October 1, 2012, which by this reference is incorporated herein as
if fully set out in this AGREEMENT, and any amendments thereto, which is accessible at
http://www.fta.dot.gov/documents/19-Master.pdf consistent with U.S. OMB guidance, "Trafficking in Persons:
Grants and Cooperative Agreements," 2 CFR Part 175.
45. Labor Provisions
A. Contract Work Hours and Safety Standards Act. The CONTRACTOR shall comply with, and shall
require the compliance by each subcontractor at any tier, any applicable employee protection requirements
for non -construction employees as defined by the Contract Work Hours and Safety Standards Act, as
amended, 40 USC § 3701 et seq., and specifically, the wage and hour requirements of section 102 of that Act
at 40 USC § 3702 and USDOL regulations, "Labor Standards Provisions Applicable to Contracts Governing
Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -
construction Contracts Subject to the Contract Work Hours and Safety Standards Act)" at 29 CFR Part 5; and
the safety requirements of section 107 of that Act at 40 USC § 3704, and implementing U.S. DOL regulations,
"Safety and Health Regulations for Construction," 29 CFR Part 1926.
B. Fair Labor Standards Act. The CONTRACTOR agrees that the minimum wage and overtime
provisions of the Fair Labor Standards Act, as amended, 29 USC §§ 201 et seq., apply to employees
performing work involving commerce, and apply to any local government employees that are public transit
authority employees. The CONTRACTOR shall comply with the Fair Labor Standards Act's minimum wage
and overtime requirements for employees performing work in connection with the Project.
C. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40)
hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such work week.
D. Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the
CONTRACTOR during the course of the work and preserved for a period of six (6) years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the Project). Such records shall contain
the name, address, and social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act, Public Law 88-349 as
amended by 40 USC §§ 3141 et seq., and pursuant to 49 USC §5333(a) et seq., daily and weekly number of
hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under
29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon
Act, Public Law 88-349, as amended by 40 USC § 3141 et seq. and pursuant to 49 USC § 5333(a), the
CONTRACTOR shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. CONTRACTOR's employing apprentices or trainees
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under approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
E. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (A) of this section the CONTRACTOR and any subcontractor responsible therefore shall
be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the
United States for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth
in paragraph (A) of this section, in the sum of ten dollars ($10) for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of
the overtime wages required by the clause set forth in paragraph (C) of this section.
F. Withholding for unpaid wages and liquidated damages. The CONTRACTOR shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor
under any such contract or any other federal contract with the same prime CONTRACTOR, or any other
federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of
such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (E) of this section.
G. Public Transportation Employee Protective Agreement. To the extent required by Federal Law, the
CONTRACTOR agrees to implement the Project in accordance with the terms and conditions that the U.S.
Secretary of Labor has determined to be fair and equitable to protect the interests of any employees affected
by the Project and that comply with the requirements of 49 USC § 5333 (b), in accordance with the USDOL
guidelines, "Section 5333(b), Federal Transit Law," 29 CFR Part 215 and any amendments thereto. These
terms and conditions are identified in USDOL's certification of public transportation employee protective
arrangements to FTA. The CONTRACTOR agrees to implement the Project in accordance with the conditions
stated in that USDOL certification, which certification and any documents cited therein are incorporated by
reference and made part of this AGREEMENT. The CONTRACTOR also agrees to comply with the terms
and conditions of the Special Warranty for the Non -urbanized Area Program that is most current as of the
date of execution of this AGREEMENT and any alternative comparable arrangements specified by USDOL
for application to the Project, in accordance with USDOL guidelines, "Section 5333(b), Federal Transit Law,"
29 CFR Part 215, and any revision thereto.
46. Planning and Private Enterprise
FTA Requirements. The CONTRACTOR agrees to implement the Project in a manner consistent with the plans
developed in compliance with the applicable planning and private enterprise provisions of 49 USC §§ 5303, 5304,
5306, and 5323(a)(1); joint Federal Highway Administration (FHWA)/ FTA regulations, "Statewide Transportation
Planning: Metropolitan Transportation Planning," 23 CFR Part 450 and 49 CFR Part 613; and any amendments thereto,
and with FTA regulations, "Major Capital Investment Projects," 49 CFR Part 611, to the extent that these regulations
are consistent with the SAFETEA-LU amendments to the public transportation planning and private enterprise laws,
and when promulgated, any subsequent amendments to those regulations or the MAP-21 amendments, whichever is
applicable according to the funding in this agreement. To the extent feasible, the CONTRACTOR agrees to comply
with the provisions of 49 USC § 5323(k), which afford governmental agencies and non-profit organizations that receive
Federal assistance for non -emergency transportation from Federal Government sources (other than U.S. DOT) an
opportunity to be included in the design, coordination, and planning of transportation services. During the
implementation of the Project, the CONTRACTOR agrees to take into consideration the recommendations of Executive
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Order No. 12803, "Infrastructure Privatization," 31 USC § 501 note, and Executive Order No 12893, "Principles for
Federal Infrastructure Investments," 31 USC § 501 note.
47. Charter Service Operations
The CONTRACTOR agrees that neither it nor any public transportation operator performing work in connection with a
Project financed under 49 USC chapter 53 or under 23 USC §§ 133 or 142, will engage in charter service operations
without first notifying its CITY OF YAKIMA project manager in writing of its intent, and learning the reporting
requirements, exceptions, exemptions, and potential violations related to the specific funding source(s) of the subject
AGREEMENT. Subsequent to coordination with CITY OF YAKIMA, CONTRACTOR agrees that it shall not engage in
charter service operations, except as authorized by 49 USC § 5323(d) and FTA regulations, "Charter Service," 49 CFR
Part 604, and any Charter Service regulations or FTA directives that may be issued, except to the extent that FTA
determines otherwise in writing. The Charter Service Agreement the CONTRACTOR has selected in its latest annual
Certifications and Assurances is incorporated by reference and made part of the Grant Agreement or Cooperative
Agreement for the Project. If the CONTRACTOR has failed to select the Charter Service Agreement in its latest annual
Certifications and Assurances to FTA and does conduct charter service operations prohibited by FTA's Charter Service
regulations, the CONTRACTOR understands and agrees that: (1) the requirements of FTA's Charter Service
regulations and any amendments thereto will apply to any charter service it or its subrecipients, lessees, third -party
contractors, or other participants in the Project provide; (2) the definitions of FTA's Charter Service regulations will
apply to the CONTRACTOR's charter operations, and (3) a pattern of violations of FTA's Charter Service regulations
may require corrective measures and imposition of remedies, including barring the CONTRACTOR, subrecipient,
lessee, third -party contractor, or other participant in the Project operating public transportation under the Project from
receiving Federal financial assistance from FTA, or withholding an amount of Federal assistance as set forth in
Appendix D to FTA's Charter Service regulations.
48. School Bus Operations
The CONTRACTOR agrees that neither it nor any public transportation operator performing work in connection with a
Project financed under 49 USC chapter 53 or under 23 USC §§ 133 or 142, will engage in school transportation
operations for the transportation of students or school personnel exclusively in competition with private school
transportation operators, except as authorized by 49 USC §§ 5323(f) or (g), as applicable, and FTA regulations, "School
Bus Operations," 49 CFR Part 605 to the extent consistent with 49 USC §§ 5323(f) or (g), in accordance with any
School Transportation Operations regulations or FTA directives that may be issued at a later date, except to the extent
that FTA determines otherwise in writing. The School Transportation Operations Agreement the CONTRACTOR has
selected in its latest annual Certifications and Assurances is incorporated by reference and made part of the Grant
Agreement or Cooperative Agreement for the Project. If the CONTRACTOR has failed to select the School
Transportation Agreement in its latest annual Certifications and Assurances to FTA and does conduct school
transportation operations prohibited by FTA's School Bus Operations regulations, 49 CFR Part 605, to the extent those
regulations are consistent with 49 USC §§ 5323(f) or (g), the CONTRACTOR understands and agrees that: (1) the
requirements of FTA's School Bus Operations regulations, 49 CFR Part 605, to the extent consistent with 49 USC §§
5323(f) or (g), will apply to any school transportation service it or its subrecipients, lessees, third -party contractors, or
other participants in the project provide, (2) the definitions of FTA's School Bus Operations regulations will apply to the
CONTRACTOR's school transportation operations, and (3) if there is a violation of FTA's School Bus Operations
regulations to the extent consistent with 49 USC §§ 5323(f) or (g), FTA will bar the CONTRACTOR, subrecipient,
lessee, third -party contractor, or other Project participant operating public transportation that has violated FTA's School
Bus Operations regulations, 49 CFR Part 605, to the extent consistent with 49 USC §§ 5323(f) or (g), from receiving
FTA assistance in an amount FTA considers appropriate.
49. Substance Abuse
A. Drug and Alcohol Testing. If receiving FTA 5309 and/or FTA 5311 funding, CONTRACTOR agrees
to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce
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any documentation necessary to establish its compliance with Part 655, and permit any authorized
representative of the U.S. DOT or its operating administrations and CITY OF YAKIMA to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as required under 49
CFR Part 655 and review the testing process. The CONTRACTOR agrees further to submit annually the
Management Information System (MIS) reports to CITY OF YAKIMA each year during the term identified in
the caption space header above titled "the Term of Project."
B. Drug -free Workplace. To the extent applicable, the CONTRACTOR agrees to comply with the
Federal regulations and guidance related to the Drug Free Workplace Act of 1988, 41 USC § 8103 et seq.,
and any amendments thereto, 2 CFR Part 182, and 49 CFR Part 32, and to FTA regulations, "Prevention of
Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655 and 49 USC § 5331.
C. Privacy Act. The CONTRACTOR agrees to comply with the confidentiality and other civil rights
provisions pertaining to substance abuse contained in the Civil Rights clause of this AGREEMENT.
50. Federal 11 Coin" Requirements
To the extent required by the Federal Government, the CONTRACTOR agrees to comply with the provisions of section
104 of the Presidential $1 Coin Act of 2005, 31 USC § 5112(p), so that the CONTRACTOR's equipment and facilities
requiring the use of coins or currency will be fully capable of accepting and dispensing $1 coins in the connection with
that use. The CONTRACTOR also agrees to display signs and notices denoting the capability of its equipment and
facilities on its premises where coins or currency are accepted or dispensed, including on each vending machine.
Yakima Transit provides the fare box.
51. Safe Operation of Motor Vehicles
As applicable, CONTRACTOR is encouraged to comply with the following provisions:
A. Executive Order No. 13043, "Increasing Seat Belt Use in the United States," 23 USC § 402 note.
CONTRACTOR is encouraged to adopt and promote on-the-job seat belt use policies and programs for
personnel that operate company -owned vehicles.
B. Executive Order No. 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
October 1, 2009, 23 USC § 402 note, and DOT Order 3902.10, "Text Messaging While Driving," December
30, 2009. CONTRACTOR is encouraged to adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers including policies to ban text messaging while driving. CONTRACTOR is also
encouraged to conduct workplace safety initiatives in a manner commensurate with its size.
52. Energy Conservation and Environmental Requirements
A. Energy Conservation. The CONTRACTOR shall comply with the mandatory standards and policies
relating to energy efficiency standards and policies within the Washington State energy conservation plan
issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and any
amendments thereto.
B. Environmental Protection. The CONTRACTOR agrees to comply with all applicable requirements
of the National Environmental Policy Act of 1969, as amended (NEPA), 42 USC §§ 4321 through 4335;
Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC
§ 4321 note; FTA statutory requirements at 49 USC § 5324(b); U.S. Council on Environmental Quality
regulations imposing requirements for compliance with the National Environmental Policy Act of 1969, as
amended, 40 CFR Part 1500 through 1508; joint Federal Highway Administration (FHWA)/FTA regulations,
"Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622, and subsequent
Federal environmental protection regulations that may be promulgated. The CONTRACTOR agrees to
comply with 23 USC §§ 139 and 326 as applicable, and implement those requirements in accordance with
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the provisions of joint FNWA/FTA final guidance, "SAFETEA-LU Environmental Review Process (Public Law
109-59)," 71 Fed. Reg. 66576 et seq., November 15, 2006, and any applicable Federal directives that may be
issued at a later date, except to the extent that FTA determines otherwise in writing.
C. Clean Water. The recipient agrees to comply with all applicable Federal laws and regulations and
follow Federal directives implementing the Clean Water Act, as amended, 33 USC §§ 1251 through 1377, 42
USC §§ 300f through 300j-6, and 42 USC § 7606 , including any revisions thereto. In the event that the
Federal Funds identified in the caption space header of this AGREEMENT entitled "Project Cost", exceed
$100,000, the CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued
pursuant to Section 508 of the Clean Water Act, as amended, 33 USC § 1368, and other applicable
requirements of the Clean Water Act.
D. Clean Air. The recipient agrees to comply with all applicable Federal laws and regulations and follow
Federal directives implementing the Clean Air Act, as amended, 42 USC §§ 7401 through 7671 q and 40 CFR
parts 85, 86, 93 and 600, and any revisions thereto. In the event that the federal share, identified in "Project
Cost" of this AGREEMENT exceeds $100,000, the CONTRACTOR shall comply with all applicable standards,
orders or regulations issued pursuant to Section 306 of the Clean Air Act, as amended, 42 USC § 7606, and
other applicable provisions of the Clean Air Act .
E. Violating Facilities. The CONTRACTOR agrees to:
1) Refrain from using any violating facilities,
2) Report each violation to CITY OF YAKIMA and understands & agrees that CITY OF YAKIMA will, in
turn, report each violation to the FTA and to the appropriate EPA Regional Office.
3) Include these requirements in each subcontract exceeding $100,000 financed in whole or in part with
federal assistance provided by FTA.
53. Incorporation of Federal Terms
A. Purchasing. This AGREEMENT's provisions include, in part, certain Standard Terms and Conditions
required by FTA, whether or not expressly set forth herein. All contractual provisions required by FTA, as set
forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this AGREEMENT. The CONTRACTOR shall not perform any act, fail to perform any
act, or refuse to comply with any CITY OF YAKIMA request, which would cause CITY OF YAKIMA to be in
violation of any FTA term or condition.
B. Federal Changes. The CONTRACTOR shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, whether or not they are referenced in this AGREEMENT and include any
amendments promulgated by the FTA, during the term of this AGREEMENT. The CONTRACTOR's failure
to so comply shall constitute a material breach of this AGREEMENT.
54. No Obligation by the Federal Government
A. CITY OF YAKIMA and the CONTRACTOR acknowledge and agree that regardless of any
concurrence or approval by the Federal Government of the solicitation or award of this AGREEMENT, the
Federal Government is not a party to this AGREEMENT unless it provides its express written consent. The
Federal Government shall not be subject to any obligations or liabilities to the CONTRACTOR, subcontractor,
lessee, or any other participant at any tier of the project (whether or not a PARTY to this AGREEMENT)
pertaining to any matter resulting from this AGREEMENT.
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B. No contract between the CONTRACTOR and its subcontractors, lessees, or any other participant at
any tier of the project shall create any obligation or liability of CITY OF YAKIMA with regard to this
AGREEMENT without CITY OF YAKIMA's specific written consent, notwithstanding its concurrence in, or
approval of, the award of any contract or subcontract or the solicitations thereof. The CONTRACTOR hereby
agrees to include this provision in all contracts it enters into for the employment of any individuals,
procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT.
55. Suspension of Work
The City may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen
circumstances beyond the City's control are interfering with normal progress of the Service. The Contractor may
suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen circumstances
beyond Contractor's control are interfering with normal progress of the Service. The Contractor may suspend Service
on the Project in the event the City does not pay invoices when due, except where otherwise provided by this
Agreement. The time for completion of the Service shall be extended by the number of days the Service is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and
both parties are granted the option to terminate the Service on the suspended portion of Project in accordance with
Section 16.
56. Provision of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with
accepted industry practices, standards and legal requirements, and to the City 's satisfaction; the City decision in that
regard shall be final and conclusive. The City may inspect, observe and examine the performance of the services
performed on the City premises at any time. The City may inspect, observe and examine the performance of
Contractor's services at reasonable times, without notice, at any other premises.
A. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way
differ from the Contract requirements for any reason, other than as a result of the City`s default or negligence,
the Contractor shall, at its own expense, reschedule and perform the services correctly within such reasonable
time as the City specifies. This remedy shall be in addition to any other remedies available to the City by law
or in equity.
B. The Contractor shall be solely responsible for controlling the manner and means by which it and its
Contracted Personnel or its subcontractors perform the services, and the Contractor shall observe, abide by,
and perform all of its obligations in accordance with all legal requirements and City work rules.
57. Assignment
This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by
Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor
stated herein.
58. No Conflict of Interest
Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest,
director indirect, which would conflict in any manner or degree with the performance of this Contract. Contractor further
covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this
Contract.
59. Promotional Advertising / News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for
commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior
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approval of the City. Release of broadcast a -mails pertaining to this procurement shall not be made without prior
written authorization of the contracting agency.
60. Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the Contract, including the
provision of the services within the time agreed or on a date specified herein.
61. Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally
offered by the Contractor, as long as the price of such additional products is based on the same cost/profit formula as
the listed item/service. At any time during the term of this contract, other City departments may be added to this
contract, if both parties agree.
62. Patent Infringement
The contractor selling to the City the articles described herein guarantees the articles were manufactured or produced
in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not
infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall
be brought against the City (provided that such contractor is promptly notified of such suit, and all papers therein are
delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that
it will pay all costs, damages, and profits recoverable in any such suit.
63. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and/or services furnished
under this contract are warranted against defects by the Proposer for one (1) year from date of receipt, are new,
conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, are fit for the
intended purpose of which such goods and services are ordinarily employed and if a particular purpose is stated in a
Special Condition, the goods are then warranted as for that particular purpose. 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.
64. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or Contractor's
Subcontractor upon request and reasonable notice during the term of the Contract and Contract renewals/extensions.
65. Facility Security
The City may prohibit entry to any secure facility, or remove from the facility, a Contract employee who does not perform
his/her duties in a professional manner, or who violates the secure facility's security rules and procedures. The City
reserves the right to search any person, property, or article entering its facilities.
66. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall
not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure
of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise
any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such
agreement, covenant, condition or right.
31
67. Integration
This Contract, along with the City of Yakima's RFQ 12321 P Yakima -Ellensburg Communter Services and the
Contractor's response to the Request for Qualifications ("RFQ"), represents the entire understanding of the City and
Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered herein. This Contract may not be modified or altered except in writing signed by
both parties.
68. Contract Preservation
If any provision of the Agreement, or the application of such provision, shall be rendered or declared invalid by a court
of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of
this Agreement shall remain in full force and effect.
69. 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 of God, etc.) the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
70. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to
perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify
the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control
shall be sufficient grounds for Contract termination.
71. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and
signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations
outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted
price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are
not authorized herein or any properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in
ownership of the facilities of the Contractor or of the facilities of any subcontractor.
The 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:
Alvie Maxey
Transit Manager
City of Yakima
2301 Fruitvale Blv.
Yakima WA, 98902
COPY TO:
Susan Knotts
Buyer II
City of Yakima
129 North 2nd Street
Yakima, WA 98901
TO CONTRACTOR:
Or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent
by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed
or hand delivered at the addresses specified above.
32
72. Survival
Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement, shall
survive the expiration or termination of this Contract in accordance with their terms.
73. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
74. 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.
75. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that they have been fully
authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms,
performances and provisions of this Contract.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA CONTRACTOR NAME
M
City Manager
Date:
Date:
Attest:
City Clerk
List of Exhibits attached to this contract
Exhibit A — RFP Proposal
Exhibit B — Cost Proposal
33
411111-1-TWE
RFP SOLICITATION
12321 P YAKIMA-ELLENSBURG COMMUTER SERVIC'
34
City of Yakima
NOTICE TO PROPOSERS
RFP NO. 12321P
Notice is hereby given by the undersigned that electronic sealed Requests for Proposals will be
accepted via PublicPurchase.com until the hour of 11:00:oo AM PST on June 23, 2023 RFPs will be
publicly opened in Yakima City Hall, Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901.
At such time, Proposers names will be publicly read for: Yakima -Ellensburg Commuter Services.
Transportation service vendors to submit proposals to provide Yakima -Ellensburg Commuter Service
from August 1, 2023 to June 30, 2025, with the option to renew the agreement for 2 successive
biennium (6 years).
Instructions to register with PublicPurchase.com are available at
www.yakimawa.gov/services/purchasing. Paper submittals will not be accepted.
A pre -proposal conference will be held at 1:00 p.m. on June 1, 2023 in the Public Works Training
Room, located at the Public Works Facility. Check in at the Kary Annex, 2301 Fruitvale Blvd., Yakima,
WA 98902 for directions to the Training Room. Attendance is not mandatory; however, Proposers are
STRONGLY urged to attend. If potential proposers wish to call in on a conference line, call Gregory
Story, Transit Assistant Manager at 509-576-6422 for instructions at least one business day in advance.
The City of Yakima reserves the right to reject any & all RFPs. The City hereby notifies all Proposers
that it will affirmatively ensure that it will not discriminate on the grounds of race, creed, color, religion,
national origin, sex, age, marital status, sexual orientation, pregnancy, veteran 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 set.)
The City of Yakima has established a Disadvantaged Business Enterprise (DBE) program in accordance
with regulations of the Department of Transportation (DOT) 49 CFR Part 26. It is the policy of the City
to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate
in DOT -assisted contracts. The City's current goal proposes that 0% of all DOT funds expended in DOT -
assisted contracts will be let to certified DBE firms that are available, willing, and able. The City of
Yakima hereby notifies all proposers that it will affirmatively ensure that in any contract entered into
pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity
to submit proposals in response to this invitation and will not be discriminated against on the grounds
of race, color, sex, sexual orientation, or national origin in consideration for an award."
Dated May 26, 2023. Publish on May 26th & 28th, 2023
Susan Knotts, NIGP-CPP, CPPB, CPPO
Buyerll
12321P Yakima -Ellensburg Commuter Services Page 1 of 78
an
CITY OF YAK|yNA REQUEST FOR PROPOSAL #12321P
SIGNATURE SHEET
THIS /SNOT ANORDER
*FPRelease Date: May 2G'2023
Proposal Receipt: Proposers must first register with Pub|kcPurthaSe-Com and Proposal shall be completely uo|O8d8d into
Public Punchaee.comnolater than the date and time listed below. Register aeearly as possible and donot wait until the due date
to upload your documents, as this may take sometime. Late Proposals will not be accepted or evaluated. If you try to submit
Proposal late, the electronic system will not receive it. Proposal openings are public. Proposals shall befirm for acceptance for
ninety (90)days from date ofProposal opening, unless otherwise noted.
Purchasing For: Buyer in charge of this procurement (Contact for further information):
City of Yakima, Transit Division Susan Knotts, NIPG-CPP, CPPO, CPPB
Yakima, WA 98902
Proposals Must be completely uploaded by: Phone E-Mail Address
Public Opening 0 1
PROJECT DESCRIPTION SUMMARY
Yakima -Ellensburg Commuter Services
Transportation service vendors to submit proposals to provide Yakima -Ellensburg Commuter Service from August 1, 2023 to June 30, 2025,
with the option to renew the agreement for 2 successive biennium (6 years).
Enter Prompt Payment Discount: %net days We/I will begin service on August 1, 2023. - REQUIRED
F] Check Kyou are aVVK4BEorDBE Vendor and list certification Number:
F] | hereby acknowledge receiving addenclumm(e) ~ (uaeoomanyapaoeoouagdongaeoeivod)
In signing this Proposal 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 Proposal; that
this Proposal has been independently arrived at without collusion with any other Proposer, competitor or potential competitor; that this Proposal has not been
knowingly disclosed prior to the opening of Proposals to any other Proposer or competitor; that the above statement is accurate under penalty of perjury.
Furthermore, the Washington State |ntnr|000| Cooperative Act (RCVV39.34) provides that other governmental oQonn|es 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, conditionsd specifications required by the City of Yakima in this Request for of our Proposal.
Company Name Company Address
Name ofAuthorized Company Representative (Type mPrint)
Signature of Above
Email Address
Phone (
Fax
12321P Yakima -Ellensburg Commuter Services Page 2 of 78
|V
TABLE OF CONTENTS
DEFINITIONS
The following definitions ofterms shall apply, unless otherwise indicated: ...............................................
GENERAL INFORMATION
1. Introduction .......................................................................................................................................
2. SonpoendOboodvoa---------------------------------------'
3. Background and Current Operations................................................................................................
4. Contracting Agency and Point (f Cnnteo-----------------------------.
5. Public Records Access .....................................................................................................................
6. Proprietary Information .....................................................................................................................
7. Requests for Public Disclosure .........................................................................................................
8. Retention ofRights ...........................................................................................................................
8. ClarKicadonoand/orRevisionsioSoeoJicadonandRequirementu----------------.
10. News Releases .................................................................................................................................
11. Proposer Conference and Site Visit .................................................................................................
12. Examining Documents & Facilities ...................................................................................................
13. Calendar ofEvents ...........................................................................................................................
14. Contract Term ...................................................................................................................................
15. Incurring Costs ..................................................................................................................................
16. NoObligation toContreo -------------------------------------'
17. Best Modern Practices .....................................................................................................................
18. MoneovLaoo--------------------------------------------.
PREPARING AND SUBMITTING /\PROPOSAL
1. General Instructions .........................................................................................................................
2. Organization and Format ofRequired Proposal Elements ...............................................................
3. Submitting aProposal ---------------------------------------.
4. Prohibition of ProposerTerms & Conditions ....................................................................................
5. Multiple Proposals -----------------------------------------.
8. Withdrawal nfProposals --------------------------------------.
EVALUATION AND CONTRACT AWARD
1. Preliminary Evaluation ......................................................................................................................
2. HFPEvaluation .................................................................................................................................
3. Proposer hng----------------------------------.
4. EvaluadonCrbeha-----------------------------------------.
5. Prompt Payment ...............................................................................................................................
6. Award / Best and Final Offers -----------------------------------'
7 TiedSoore---------------------------------------------.
8. Tax Revenues ...................................................................................................................................
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9.
Offer in Effect for Ninety (90) Days.......................................................................................................13
10.
Notification of Intent to Negotiate/Intent to Award................................................................................13
11.
Right to Reject Proposals and Negotiate Contract Terms...................................................................13
12.
Protest Procedure.................................................................................................................................14
V.
PROPOSAL REQUIREMENTS
1.
Mandatory Proposer Qualifications......................................................................................................15
2.
Mandatory Contract Performance Requirements.................................................................................15
3.
Organization and Contractor Personnel Requirements........................................................................17
4.
Training Requirements.........................................................................................................................23
5.
Service Vehicles...................................................................................................................................25
6.
Experience and References.................................................................................................................27
7.
Proposed Operating Base Facility........................................................................................................27
8.
Communications...................................................................................................................................27
9.
Fuel.......................................................................................................................................................27
10.
Comments............................................................................................................................................27
11.
Changes in Service..............................................................................................................................27
12.
City of Yakima Transit Responsibilities................................................................................................28
13.
Questionnaire.......................................................................................................................................28
VI.
COST PROPOSAL
1.
General Instructions for Preparing Cost Proposals..............................................................................28
2.
Total Project Cost.................................................................................................................................
28
3.
Pricing and Discount.............................................................................................................................28
4.
Price Clarifications................................................................................................................................28
VII.
COST PROPOSAL FORM
VIII.
PROPOSER QUESTIONNAIRE AND REFERENCES
IX.
SAMPLE CONTRACT
ATTACHMENTS
Attachment A 2 CFR 200, Grant Funding Clauses 64
Attachment 131 Ellensburg Commuter Service Schedule 74
Attachment 132 Service Day Schedule 76
Attachment 133 Holiday Schedule 77
Attachment C Ellensburg Commuter Ridership 2-Year History 78
14
9N
29
30
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12321P Yakima -Ellensburg Commuter Services Page 4 of 78
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1@ DEFINITIONS
The following definitions of terms shall apply, unless otherwise indicated:
"Buyer" means the contact person listed on page 2 of this document.
"City" means the City of Yakima, Washington. Also referred to as "Owner".
"Contract" means written agreement between the "Owner" and the "Contractor" (or "Successful Proposer") that
covers the delivery of work to be performed subsequent to this RFP.
"Contract Manager" means the individual in the City of Yakima Purchasing Division (Buyer) responsible for
managing this RFP and subsequent contractual issues.
"Contractor" means a proposer that is awarded a Contract under this RFP and its employees or other personnel
(including officers, agents and subcontractors) provided by the Contractor to perform work under this Contract.
"Department" means the City of Yakima, Department/Division.
"Executive" means the City of Yakima City Manager
"Owner" also referred to as City of Yakima.
"Project Manager" means the individual in City of Yakima Departments/Divisions and/or an assigned individual
from the Contractor responsible for administering day-to-day operational matters of the Contract.
"Proposal" means the complete response of a proposer submitted on the approved forms and setting forth the
proposer's prices for providing the services described in the RFP.
"Proposer" means any individual, company, corporation, or other entity that responds to this RFP.
"RFP" means Request for Proposal.
"SOW" means Statement of Work.
"Subcontractor" means any entity that enters into any agreement with the Contractor to fulfill the requirements
and performance obligations of the Contract.
12321P Yakima -Ellensburg Commuter Services Page 5 of 78
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RFP # 12325P
YAKIMA-ELLENSBURG COMMUTER SERVICES
11. GENERALINFORMATION
1. Introduction
The purpose of this Request for Proposal (RFP) is to provide interested parties with information to enable them
to prepare and submit a proposal for Yakima -Ellensburg Commuter Services. The City of Yakima (referred to as
"Owner" throughout this document), Transit Division, as represented by City Purchasing, intends to use the
results of this solicitation to award a contract for such services.
2. Scope and Objectives
The City of Yakima Transit Division is requesting transportation service vendors to submit proposals to provide
commuter transit services between the Cities of Yakima and Ellensburg, Washington. Potential Contractor's only
option of proposing is through a Turnkey service including, insurance, fuel, staff and all equipment based on a cost
per revenue hour of service provided.
Proposers shall be bound by the information they submit in their proposal.
The City reserves the right to award the contract in a manner that it deems to be the best solution. Please note
that this Request for Proposals does not constitute an offer, but rather a request for offers from transit service
providers.
3. Background and Current Operations
ABOUT THE OWNER
The City of Yakima, county seat of Yakima County, was incorporated in 1886 and is located in central
Washington State. It encompasses 28.7 square miles in an area of rich volcanic soil. The City is 145 miles
southeast of Seattle, and 200 miles southwest of Spokane, Washington. The region is served by rail, highway
and air transportation facilities, which have helped develop the City as the commercial and business center of
Central Washington. With a 2020 population of 96,968 Yakima is the eleventh largest city in the State of
Washington.
The City provides the full range of municipal services contemplated by charter or statute. These include public
safety (police, fire, and building), public improvements (streets, traffic signals), sanitation (solid waste
disposal, sanitary wastewater utility), water and irrigation utilities, transit, community development, parks
and recreation, and general administrative services.
The City of Yakima lies within Yakima County in the fertile Yakima River Valley. Apples, cherries, pears, grapes,
and other fruits, plus a wide variety of field crops and vegetables make the Yakima Valley one of the top
agricultural producing areas of the nation. There are over 400,000 acres of Agriculture zoned land within the
County which produce over thirty types of fruits and vegetables. With its farm production base, the Yakima
area is a major food processing region.
Adding to the area's economy are over 250 manufacturing firms in the Yakima area that produces a variety of
products including wood products, packaging, plastic products, produce and aircraft parts.
CURRENT OPERATIONS
The Yakima Ellensburg Commuter operates with two alternating buses between the Yakima Airport and
Central Washington University, with 10 different stops, Mondays through Fridays from Gam — 6pm. The large
majority of the ridership is during the university school days. Ridership drops to roughly 50-60% of the total
12321P Yakima -Ellensburg Commuter Services Page 6 of 78
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service when school is not in session. Many of the riders either work or go to school at either Central
Washington University or Yakima Valley Community College.
The project is funded through a Washington State Grants that operates on a two-year period. The program is
also partially subsidized by the City of Yakima (Yakima Transit), City of Selah (Selah Transit), and Central
Washington University.
Fare revenue will also be collected. Fare boxes will be provided by Yakima Transit. Yakima Transit will
coordinate emptying the fare boxes.
4. Contracting Agency and Point of Contact
This RFP is issued by the City of Yakima Purchasing Division. The person responsible for managing this RFP process
from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this RFP until a
Notice of Intent to Award the Contract is issued, all contacts with Owners employees, and other personnel
performing official business for the Owner regarding this RFP shall be made through the Buyer listed on page 2.
Contact with other Owner personnel regarding this RFP is not permitted during the procurement process and
violation of these conditions may be considered sufficient cause for rejection of a Proposal and disqualification of
the Proposer.
5. Public Records Access
It is the intention of the Owner to maintain an open and public process in the solicitation, submission, review, and
approval of procurement activities. Proposal openings are public.
Proposal openings are public unless otherwise specified. Records will not be available for public inspection prior
to issuance of the Notice of Intent to Award or the award of the contract.
6. Proprietary Information
Any consideration of proprietary information is the responsibility of the Proposer to object to through the courts
following third party notice, not the Owner (City).
All information submitted in response to a request for public disclosure will be handled in accordance with
applicable Owner procurement regulations and the Washington State Public Records Act (RCW 42.56 et seq.). It
is the Proposer's responsibility to defend the determination in the event of an appeal or litigation.
Unless otherwise noted, data contained in a proposal, all documentation provided therein, and innovations
developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data,
documentation, and innovations become the property of the Owner.
Requests for Public Disclosure
Washington State Public Disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington to promptly
make public records available for inspection and copying unless they fall within the specified exemptions
contained in the Act, or are otherwise privileged. All documents submitted in relation to this Specification shall
be considered public records and, with limited exceptions, will be made available for inspection and copying by
the public. It is the intent of the Owner (City) to post all RFP responses online and available to the public after
the contract is signed.
Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject such
submittal. If, in the Owner's opinion, the material is subject to disclosure, the Owner will notify Proposer of the
request and impending release which will allow the Proposer 10 days from notice to take whatever action it deems
necessary to protect its interests. All expense of such action shall be borne solely by the Proposer, including any
damages, attorney's fees or costs awarded by reason of having opposed disclosure and Proposer shall indemnify
Owner against same. If the Proposer fails or neglects to take such action within said period, the Owner will release
12321P Yakima -Ellensburg Commuter Services Page 7 of 78
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all materials deemed subject to disclosure. Submission of materials in response to this solicitation shall constitute
assent by the Proposer to the foregoing procedure and the Proposer shall have no claim against the Owner on
account of actions taken pursuant to such procedure.
8. Retention of Rights
The Owner retains the right to accept or reject any or all proposals if deemed to be in its best interests.
All proposals become the property of Owner upon receipt. All rights, title and interest in all materials and ideas
prepared by the proposer for the proposal to Owner shall be the exclusive property of Owner and may be used
by the Owner at its option.
9. Clarifications and/or Revisions to Specification and Requirements
If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
solicitation, the Proposer has an affirmative duty to immediately notify the Buyer of such concern and request
modification or clarification of the RFP document.
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions
concerning the subject matter of the RFP 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 business (5) 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 RFP, supplements or revisions will be provided to all known Proposers in the form of an Addendum. All
Addenda are posted on www.yakimawa.gov/services/purchasing and www.publicpurchase.com and/or sent
directly to interested parties who have registered for updates to this RFP.
If any requirements of the RFP are unacceptable to any prospective Proposer, they may choose not to submit a
proposal.
10. News Releases
News releases pertaining to the RFP or to the acceptance, rejection, or evaluation of Proposals shall not be made
without the prior written approval of the Buyer listed on page 2.
11. Proposer Conference and Site Visit
A pre -proposal conference will be held at 1:00 p.m. on June 1, 2023 in the Public Works Training Room, located
at the Public Works Facility. Check in at the Kary Annex, 2301 Fruitvale Blvd., Yakima, WA 98902 for directions to
the Training Room. Attendance is not mandatory; however, Proposers are STRONGLY urged to attend. If potential
proposers wish to call in on a conference line, call Gregory Story, Transit Assistant Manager, at 509-576-6422 for
instructions at least one business day in advance.
12. Examining Documents & Facilities
The Proposer is hereby advised that by submitting a Proposal, he/she is deemed to have studied and examined all
facilities and all relevant documents and acknowledged all requirements contained herein before proposing.
13. Calendar of Events
Listed below are important dates and times by which actions related to this RFP may be completed. In the event
that the Owner finds it necessary to change any of these dates and times it will do so by issuing an addendum to
this RFP.
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The schedule of events after the Proposal due date will be handled as expeditiously as possible, but there is not a
set schedule. An Evaluation Team will be formed to evaluate proposals and may choose to interview Proposers
or make site visits. Every effort will be made to notify short-listed proposers of important post -opening dates.
14. Contract Term
See Section 2 of Contract.
15. Incurring Costs
The Owner is not liable for any cost incurred by a Proposer in the process of responding to this RFP including but
not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site
visits or any other activities related to responding to this RFP.
16. No Obligation to Contract
This RFP does not obligate the Owner to contract for service(s), or product(s) specified herein. Owner reserves
the right to cancel or reissue this RFP in whole or in part, for any reason prior to the issuance of a Notice of Intent
to Award. The Owner does not guarantee to purchase any specific quantity or dollar amount. Proposals that
stipulate that the Owner shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all -or -
none".)
17. 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.
18. More or Less
Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bid
proposals 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.
Ill. PREPARISUBMITTING A PROPOSAL
1. General Instructions
The evaluation and selection of a Contractor will be based on the information submitted in the Proposal plus
references, and any on -site visits or best and final offers (BAFOs) where requested. Failure to respond to each of
the requirements in the RFP may be the basis for rejecting a Proposal.
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2. Organization and Format of Required Proposal Elements
Proposers responding to this RFP must comply with the following format requirements. The Owner reserves the
right to exclude any responses from consideration that do not follow the required format as instructed below.
Proposals shall be organized and presented in the order and by the numbers assigned in the RFP with each heading
and subheading should be separated by tabs or otherwise clearly marked.
Tab 1- Table of Contents
Provide a table of contents for the Proposal.
Tab 2 - RFP Signature Sheet
Complete and sign the Signature Sheet, which is page 2 of this RFP solicitation.
Tab 3 - Transmittal Letter
The transmittal letter must be written on the Proposer's official business stationery and signed by an official
authorized to legally bind the Proposer. Include in the letter:
1) Name and title of Proposer representative;
2) Name, physical and mailing address of company;
3) Telephone number, fax number, and email address;
4) RFP number and title;
5) A statement that the Proposer believes its Proposal meets all the requirements set forth in the RFP;
6) A statement acknowledging the Proposal conforms to all procurement rules and procedures
articulated in this RFP, all rights terms and conditions specified in this RFP;
7) A statement that the individual signing the Proposal is authorized to make decisions as to the prices
quoted and that she/he has not participated and will not participate in any action contrary to the RFP,
8) A statement that the Proposer will be making a number of representations outside of its formal
Proposal document in, possibly, discussions, presentations, negotiations, demonstrations, sales or
reference material and other information -providing interactions and as such hereby warrants that the
Owner can rely on these as inducements into any subsequent contract, and be made a part thereof;
Tab 4 - Response to Mandatory Technical Requirements
Provide a point -by -point response to each requirement specified in Section V, No's 1 & 2 of this RFP.
Responses that fail to meet the mandatory requirements shall be deemed non -responsive
Tab 5- Response to General Requirements
Provide a point -by -point response to each requirement specified in Section V, No. 3 — 12 of this RFP.
Responses to requirements must be in the same sequence and numbered as they appear in this RFP.
Tab 6— Sample Contract and Terms and Conditions
The Sample Contract provided with this RFP represents the terms and conditions which the Owner expects to
execute in a contract with the successful Proposer. Proposers 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 Proposer'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. Proposers may not submit
their own contract document as a substitute for these terms and conditions.
Tab 7 — Required Forms/Documents
Include here any additional completed forms and documents required in the RFP. Failure to complete and/or
provide any required forms may result in disqualification of proposal, including, but not limited to:
• Signature Form
• Proposal Cost Form
• Proposer Questionnaire
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• Certification Regarding Lobbying
• Personnel Inventory Form
• Certificate of Insurance with Additional Insured Endorsement
Tab 8 - Cost Proposal as identified in Section VII.
Provide all cost information according to the instructions provided in Section VII. Include all costs for
furnishing the product(s) and/or service(s) included in this proposal. Identify all assumptions. Failure to
provide any requested information in the prescribed format may result in disqualification of the Proposal.
Also include on a separate sheet under this tab a list of all Optional Services and the price for each service. If
service is not provided please state so.
3. Submitting a Proposal
Proposals shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page
2 of this RFP. Late Proposals will not be accepted or evaluated. If you try to submit a Proposal Late, the
electronic system will not receive it.
If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Proposer's response
will be accepted and opened on the next business day of the City, at the originally scheduled hour.
Proposers must submit their response electronically through PublicPurchase.com where they will be kept in an
electronic lockbox until date and time of opening. To register as a Vendor/Proposer with Public Purchase, go to
www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City is
not responsible for late proposals due to operator error, electronic malfunction, system errors or interruptions
affecting the Public Purchase site and the processing of any proposals. The Purchasing Manager reserves the right
to make exceptions for extenuating circumstances.
Any sections deemed by proposer to be confidential per Washington State Public Disclosure Act (RCW 42.56 et
seq.) shall be separated from the main document and uploaded to Public Purchase in a separate file marked
"confidential". All other sections of the response shall be made available to the public immediately after
contract signing. All materials required for acceptance of the Proposal by the deadline must be uploaded to
Public Purchase
4. Prohibition of Proposer Terms & Conditions
A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFP. If a
proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal to be a
nonresponsive counteroffer, and the proposal may be rejected.
5. Multiple Proposals
Multiple Proposals from a Proposer will be permissible; however, each Proposal must conform fully to the
requirements for proposal submission. Each such Proposal must be submitted separately and labeled as Proposal
#1, Proposal #2, etc. on the first page of their response.
6. Withdrawal of Proposals
Proposers may withdraw or supplement a proposal at any time up to the proposal closing date and time. If a
previously submitted proposal is withdrawn before the proposal due date and time, the Proposer may submit
another proposal at any time up to the proposal closing date and time. After proposal closing date and time, all
submitted Proposals shall be irrevocable until contract award.
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IV. EVALUATION AND CONTRACT AWARD
1. Preliminary Evaluation
All Proposals shall be evaluated against the same standards. The Proposals will first be reviewed to determine if
they contain the required forms, follow the submittal instructions and meet all mandatory requirements. Failure
to meet mandatory requirements will result in proposal rejection as non -responsive. In the event that NO
Proposer meets specified requirement(s), the Owner reserves the right to continue the evaluation of the proposals
and to select the proposal most closely meeting the requirements specified in this RFP, or not select any proposals.
2. RFP Evaluation
Evaluation of proposals shall be based on conformity to the specifications, cost, past experience and performance
with the City and other agencies, manufacturers past performance with the City and other agencies, proposed
manufacturer's service availability, parts availability, equipment design and functionalism and effect on
productivity and bidder's supporting documentation.
3. Proposer Presentations/Scoring
Based on evaluation of the written proposals by the Evaluation Team on the stated criteria, an estimate of two to
four top scoring proposals may be short-listed. Short-listed Proposers may be required to participate in interviews
and/or site visits to support and clarify their Proposals if requested by the Evaluation Team. The Evaluation Team
will make every reasonable attempt to schedule each presentation at a time and location agreeable to the
Proposer. Failure of a Proposer to interview or permit a site visit on the date scheduled may result in rejection of
the Proposer's Proposal.
Should the Evaluation Team request any oral presentations or demonstrations from one or more of the short-
listed proposers, the Evaluation Team will review the initial scoring and make adjustments based on the
information obtained in the oral presentation or demonstration and site visits and to determine final scoring.
4. Evaluation Criteria
The proposals will be scored using the following criteria:
Item
Description
Max Points
#
The lowest average rate over; the proposed term of the contract
30,
The Proposer's demonstrated understanding of the contractual
15
undertaking, including the Proposer's approach to project,
management plan, transition, and alignment to the scope of work.
C u lifications'and experience of firm, firm officers, management
15
personnel, and ''k6y personnel'assigr ed to this project.
Financial capacity and overall risk/benefit assessment
20
Ability to start by August 1, 2023
3
TOTAL POSSIBLE POINTS:
110
The cost proposal section shall receive a weighted score, based upon the ratio of the lowest proposal to the
highest proposal. The lowest cost Proposal will receive the maximum number of points available for the cost
category and other proposals will be scored accordingly.
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Results of reference checks will be used to clarify and substantiate information in the written proposals. The
reference results shall then be considered when scoring the responses to the requirements in the RFP.
The points stated above are the maximum amount awarded for each category. The evaluation process is
designed to recommend award of this procurement to the proposal that is the best value of the Owner, not
necessarily the lowest cost Proposal.
S. Prompt Payment
Proposers 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:
a. Receipt of a properly completed invoice
b. Receipt of all supplies, equipment or services ordered
c. Satisfactory completion of all contractual requirements
6. Award / Best and Final Offers
The Buyer will compile the final scores for all sections of each responsive proposal. The award will be granted in
one of two ways. The Evaluation Team's Recommendation of Award may be granted to the highest scoring
responsive Proposal and responsible Proposer. Alternatively, Proposers with the highest scoring proposer or
proposers may be requested to submit Best and Final Offers. If Best and Final Offers are requested by the
Evaluation Team and submitted by the Proposer, they will be evaluated against the stated criteria, scored and
ranked by the evaluation committee. The Intent to Negotiate then will be granted to the highest scoring Proposer.
However, a Proposer should not expect that the Owner will request a Best and Final Offer.
7. Tied Score
In case of a tied score, recommendation of award will go to the firm who was favored by the majority of the
Evaluation Team members, according to their score. The Evaluation Team shall then offer an "Intent to Negotiate
and/or Intent to Award" the final contract with the successful Proposer and the decision to accept the award and
approve the resulting contract shall be final.
8. 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 proposal is the lowest, after the tax revenue has been considered.
9. Offer in Effect for Ninety (90) Days
A Proposal may not be modified, withdrawn or canceled by the proposer for a ninety (90) day period following
the deadline for proposal submission as defined in the Calendar of Events, or receipt of best and final offer, if
required, and Proposer so agrees in submitting the proposal.
10. Notification of Intent to Negotiate/Intent to Award
Proposers will be notified in writing of the Owner's Intent to Negotiate and/or Intent to Award the contract
resulting from this RFP.
11. Right to Reject Proposals and Negotiate Contract Terms
The Owner reserves the right to negotiate the terms of the contract, including the award amount, with the
selected Proposer prior to entering into a contract. If substantial progress is not made in contract negotiations
with the highest scoring Proposer, the Owner may choose to cancel the first Intent to Negotiate and commence
negotiations with the next highest scoring Proposer.
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12. Protest Procedure
Any protest must be made in writing, signed by the protestor, and state that the Proposer is submitting a formal
protest. The protest shall be filed with the City of Yakima Purchasing Manager at 129 No. 2nd St., Yakima, WA
98901, or by fax: 509-576-6394 or email to: Purch@YakimaWA.Gov. The protest shall clearly state the specific
factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested.
Protests based on specifications/scope of work, or other terms in the RFP 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 Proposer:
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, the protest may be
appealed to the Executive (or his designee). The Executive shall make a final determination in writing
to the Protester.
Award Announcement
Purchasing shall announce the successful Proposer via Website, e-mail, fax, regular mail, or by any other
appropriate means. Once the Intent to Negotiate is released by Purchasing, the protest time frame begins. The
timeframe is not based upon when the Proposer 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 Owner 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 Owner.
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 Owner retains the right to enter into any contract and nothing herein shall be construed to limit that authority
in any manner.
V. PROPOSAL REQUIREMENTS
The following requirements in Sections V, 1 & 2 are mandatory and the Proposer must satisfy them at no
additional cost to the Owner. Responses to each requirement must indicate that the Proposer either "does
comply" with the requirement or "does not comply". No explanation is required, as non-compliance with any of
the following requirements will result in proposal rejection and remove that Proposal from further consideration.
If Proposer feels the Mandatory Proposal Requirements are proprietary, contact the Buyer listed on the Cover
Sheet to determine if requirements should be changed.
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1. Mandatory Proposer Qualifications
A. Proposer must have at least three (3) years of experience in the commercial passenger transport
business.
B. Describe the type of transportation your company provides and the number of years providing this type
of service.
2. Mandatory Contract Performance Requirements
Proposer must agree to provide all deliverables identified in this Section.
A. Service Hours
Mondays through Fridays from 6am — 6pm. No service on nationally recognized holidays. See
Attachments 131- B3. Please indicate if your company will be able to operate all days and hours required.
If no, provide a detailed explanation.
B. Established Goals
The Contractor shall make every effort to meet the established goal of 100% on -time performance. This
includes ensuring that there is an adequate number of employees to provide the service in the event a
driver calls in sick or is otherwise unavailable.
C. Required Reporting
Yakima Transit views statistical reporting as a critical element of effective service planning, service quality
evaluation, and policy development. It is therefore deemed important that the Contractor assign staff
with the qualifications and time to create and evaluate regular and ad -hoc reports, using both
computerized and manual methods.
Contractor shall prepare and maintain all records required separate from records of any other operations
of the Contractor. Yakima Transit may from time to time require changes in forms, record keeping, and/or
reporting procedures to best serve the needs of the City.
The Contractor shall collect and report data as directed by the City. The Contractor must be able to
produce data in an electronic format compatible with the City's computer systems. The Contractor is
expected and required to cooperate, facilitate, and participate fully in an effort to maximize the City's
access to client and service data.
1) Daily Ride Schedule Reports: Contractor shall maintain a daily comprehensive electronic listing
of all trips provided by the contractor including a daily "passengers on" and "passengers off" at
each of the Commuter bus stops, mileage per trip, hours of service per trip, and any other
information requested by the City. The listing shall contain both rides that have already occurred
for that date as well as future trips. This listing shall be provided to the City monthly and within
24 hours of the City's written request. Hours and miles, need to be reported in two different
categories: revenue and actual and shall be maintained and reported per trip/run.
2) National Transit Database Reports: Contractor shall maintain and report monthly and annually
data that includes Actual Vehicle Hours, Vehicle Revenue Hours, Actual Vehicle Miles, Vehicle
Revenue Miles, Unlinked Passenger Trips, Passenger Miles Traveled, reportable National Transit
Database Safety and Security information, and Major and Other System Failures. Monthly data
shall be transmitted within 10 days from the end of each month. Annual data shall be reported
by March 30th of every year. Contractor shall explain operating expenses divided into Vehicle
Operations, Vehicle Maintenance, Facility Maintenance, and General Administration.
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3) Monthly Fare Spreadsheet: All vehicles must be able to be equipped with a Yakima Transit fare
box. Contractor will need to coordinate with the City of Yakima in order to empty the fare boxes
on a weekly basis.
4) Vehicle Accident/Serious Incident Reporting: Contractor is responsible for all accident/incident
response and management and legal requirements.
The Contractor shall require all employees to immediately report all accidents or incidents,
regardless of liability, severity, or damage, involving passengers or property. Contractor shall
advise the City of Yakima or his/her designee of all such accidents or incidents immediately when
the Contractor learns of the accident or incident. The Contractor or its employees shall promptly
complete such reports as required by the City. Contractor shall make itself available to assist in
the preparation, trial, or defense of any claim arising from the service provided hereunder.
Accident and incident report documentation must be submitted to the City no later than 9 a.m.
on the following business day.
Failure to report an accident or an incident may be grounds for termination of the contract.
A detailed report of accidents, to include information on driver's name, preventability, injuries
and damage shall be included in the Contractor's monthly report. Accident reporting procedures
must also satisfy requirements imposed by local, state, and federal laws.
Contractor shall know and understand the Federal Transit Administration's drug and alcohol
testing regulations (49 CFR Part 655) for post -accident testing. Failure to follow the FTA's drug
and alcohol requirements is grounds for immediate termination of this agreement.
5) Service Interruptions: Contractor shall report any service interruptions as soon as possible (but
not more than one hour if service for the day hasn't been completed) as a result of weather,
accidents, breakdowns, passenger issues, or any other interruption.
6) No Co -Mingled Reporting: Contractor shall maintain accurate and complete books, accounts,
and/or records pertaining to the management and operation of services under the terms of this
contract, which shall not be co -mingled with records and information regarding Contractor's
other operations, if any. Contractor's records shall be kept with sufficient detail to constitute an
audit trail to verify that any and all costs charged to the City and sufficient to support grant
invoices to WSDOT. The City reserves the right to require an audit, at the City's cost, at any time
of Contractor's expenses, revenues, and services provided under this agreement.
7) Drug and Alcohol Reporting: Contractor shall notify the City of any positive drug or alcohol tests
related to post -accident or reasonable suspicion testing (49 CFR Part 655) and the events
surrounding the positive results. Contractor shall also provide drug and alcohol testing results
(MIS reporting, 49 CFR Part 40) for the prior year by February 28 of each year.
Describe your plan to ensure that all necessary reporting will be delivered to Yakima Transit on -time.
Explain your proposed methods of maintaining and submitting to the City the Dispatcher, Performance,
Fueling, Financial and other annual, monthly, daily or other required reports.
D. Service Plan
1) Service Operations: Describe how you plan to operate the service. Provide an action plan for
breakdowns or employees absent to continue uninterrupted service. Please provide any added
services that you intend to provide above and beyond the requirements contained within this
RFP.
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2) Transition Plant: Describe your plan for a smooth transition from the prior contractor that
assures the least disruption to the riders. Describe key tasks to be completed between the date
of contract award and the service start date.
3) Timeliness/Monitoring/Auditing: Describe your procedures to ensure all rides are delivered on
time and your overall program monitoring and auditing.
4) Coordination/Cooperation: Describe how you plan to work with Yakima Transit to ensure a high
level of coordination and cooperation in the delivery of service.
3. Organization and Contractor Personnel Requirements
The purpose of this section is to provide the Owner with a basis for determining a Proposer's capability to
undertake this Contract. Responses to this Section will be scored.
A. Financial Capability to Perform Contract
Proposer shall submit either a current Financial Review or Compilation Report by a CPA firm for the two
most current fiscal years. Include a Cash Flow Statement showing bank account balances and banks that
maintain the accounts. A minimum of 45 days of operating reserves must be demonstrated. Owner
reserves the right to use other means to substantiate Financial Capability, e.g. D&B reports, BBB, or
other means.
B. Insurance
List the name(s) of your insurance agent(s) and all companies who insure you below on the Proposer
Questionnaire. Attach copies of Insurance Certificates. If current insurance does not meet requirement
under Contract Specifications, attach evidence from your insurance agent of compliance by start-up date.
C. Organizational Capabilities
1) Describe your company's experience providing services similar to those required by this RFP to
customers of comparable size, scope and circumstance.
2) Provide an organizational chart for your company and include an issue escalation process used to
resolve any potential issues between the Owner and the Contractor during the Contract term.
D. Staff Qualifications
Provide a job description for the key staff listed below including any other key personnel, maintenance,
dispatcher, and other office personnel.
1) Contract Manger: Attach a resume for the Contract Manager.
The Contract Manager shall have at least five (5) years of experience in commercial passenger
transport business. The Contract Manager will have primary responsibility for managing the contract.
Explain the manager's education, contract management experience and percent of time that will be
dedicated to the project.
2) Local Manager: Attach a resume for the Local Manager.
The Contractor shall employ a local manager located at the Contractor's operating facility in Yakima.
The manager shall be the Contractor's principle point of contact with the City, and shall be responsible
for overall operations management of services performed pursuant to the contract. The manager
shall be reasonably available at all times the contracted service is in operation, either in person, by
telephone, or email.
The manager or his/her designee shall meet at least once a month (or more or less frequently if
directed by Yakima Transit) with Yakima Transit staff regarding all aspects of the Contractor's
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responsibilities under the contract. The manager shall be available for attendance at meetings when
requested by Yakima Transit.
The manager shall work cooperatively with Yakima Transit in assuring service quality and contract
compliance, providing information required by the contract, and assisting with service planning and
policy development. In addition he/she will be responsible for responding to complaints and
comments from passengers and the general public and responding to specific requests for assistance
from Yakima Transit as may be reasonably required.
The manager shall have at least one individual available to fill in for him/her on short notice when
he/she will be not available (for example, due to illness, vacation, emergency leave, etc.) That person
shall assume the responsibilities of the manager outlined in this contract and shall be empowered and
qualified to take any reasonably required action in the event of an emergency.
3) Key Personnel: Attach a resume(s) for all other key staff who will have responsible positions for
the contract. Key personnel are those in the following types of positions: Assistant Local Manager,
Supervisory Administration, Personnel, Finance, Dispatch and Maintenance.
The Contractor shall provide emergency contact phone numbers for all key personnel. The Contractor
shall not, without prior written notice to Yakima Transit, remove or reassign any key employees
identified in its proposal at any time prior to or after execution of the contract. Anytime key personnel
is removed or reassigned, Contractor must identify their replacement within a reasonable time period
or provide justification if the person is not going to be replaced.
4) Account Manager: Identify the Account Manager who will be handling all invoices and billing and
will serve as the account main point of contact for this contract.
5) Vehicle Maintenance: If using in-house maintenance staff, provide employee(s) resume
demonstrating training, certifications and other proofs of knowledge and skills.
The Contractor shall provide emergency contact phone numbers for all key personnel list above. The
Contractor shall not, without prior written notice to Yakima Transit, remove or reassign any of the
identified personnel in its proposal at any time prior to or after execution of the contract. If any of these
contacts change during the contract term, the Contractor shall verbally notify the Owner within twenty-
four (24) hours of change and follow up in writing within five (5) business days of the date of change.
E. Hiring Practices
Describe your employee hiring and screening policy and procedures.
Attach hiring standards, job descriptions, and proposed qualifications of all staff that will be assigned
duties under this contract.
Attach sample of forms used for permanent personnel records.
F. Background Investigations/Violations
The Contractor shall obtain criminal background checks for prospective employees and for all employees
at the start of the contract and annually thereafter. Such checks must comply with state law including
RCW § 43.43.830 and related statutes prior to operating any City of Yakima equipment or transporting
clients.
Contractor's employees must report any criminal charges they receive related to crimes against persons
or property. Drivers must report any traffic violations received to Contractor, on or off duty, within 24
hours of citation.
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Contractor shall check with prospective safety -sensitive employees' past employers to verify that the
prospective employee has not previously been terminated for violating FTA or FMCSA drug and alcohol
rules.
G. Contractor Employees - General
All Contractor employees shall maintain a professional, respectful, courteous attitude, and shall answer
customer questions to the best of their ability. Discourtesy, rudeness, and the use of profanity will not be
tolerated. All Contractor employees will use tact and demonstrate restraint in dealing with clients at all
times.
The Contractor shall ensure that all employees understand those provisions of the Americans with
Disabilities Act that apply to their duties.
H. Drivers
1) Minimum Criteria: Drivers must meet the following minimum criteria.
a. All drivers must have a valid Washington State Driver's license with appropriate
endorsements to drive the vehicle they operate (For example, Commercial Driver's License
(CDL) and passenger endorsements and a DOT physical.)
b. Understand the service, stops, fares, and all other relevant aspects of the program.
2) Supervision: New drivers shall be road-tested to be sure they can operate the vehicle to
proficiency before transporting any clients in it. Contractor's Supervisors shall ride with drivers
periodically to monitor driving performance. The Contractor will conduct annual reviews of each
individual driver's responsibilities and performance.
3) Operator's Manual: The Contractor shall maintain and furnish to Yakima Transit and to all of its
drivers, dispatchers, telephone operators, and supervisors an Operator's Manual. Contents of the
manual shall include, at a minimum: radio/two way/telephone dispatch communications procedures,
Safety Program, accident/incident procedures, inclement weather procedures, customer service and
sensitivity techniques, fare collection, and any other pertinent standard operations procedures.
4) Appearance:
a. Drivers shall maintain a neat appearance and practice appropriate hygiene to ensure that
they are visibly clean and do not present offensive odors.
b. Drivers' hair shall be clean, neat, and present a commonly accepted appearance of being
trim and groomed. Hair shall be worn so that the operator's vision is not obstructed in any
way.
c. Sideburns, mustaches, and beards shall be neat, clean, and trimmed so as to give a well-
groomed appearance.
5) Uniforms:
a. Must be worn at all times when on duty.
b. Shall be clean and presentable at all times. Any non -uniform apparel worn by drivers
must be clean, neat and professional in appearance at all times while on duty. Contractor
Dispatcher shall observe drivers clothing at report time to ensure compliance.
c. Nametag must be prominently displayed at all times.
d. Must have and wear a watch in good working order.
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6) Gratuities:
a. Shall NOT be accepted; tips not allowed.
b. All cash fares shall go into the fare box immediately
7) General Rules:
a. No one will be permitted to smoke or vape at any time in a Commuter vehicle or while
escorting customers.
b. Drivers shall not solicit or accept controlled substances, alcohol, or medications from
clients.
c. While in uniform or while performing the service in anyway, no employee shall purchase,
consume, possess or be under the influence of any controlled substance, narcotic, intoxicant,
or harmful drug.
d. Drivers shall not make sexually explicit comments, solicit sexual favors, or engage in any
sexual activity with clients.
e. Drivers must be able to read English to a proficient level, write English legibly,
comprehend English oral communications, and speak English understandably.
f. Drivers shall be responsible for keeping all vehicles clean and sanitary during their shift.
g. All drivers are responsible for reporting any defects a vehicle may have to the supervisor
and maintenance department immediately. Drivers shall conduct a "walk around" and
complete pre -trip and post -trip vehicle inspection forms for each of their shifts. Drivers shall
have maintenance and/or management personnel resolve any doubt about the safety of a
vehicle prior to placing the vehicle in passenger service.
h. No driver shall operate a revenue service vehicle until he/she has received the required
wheelchair lift training or if there is any doubt whatsoever about the mechanical condition of
the lift or safety of the passenger as a result of using the lift.
i. Drivers may use vehicles only in accordance with their assigned duties.
Drivers must operate vehicles in a safe and courteous manner at all times.
j. All information regarding accidents or incidents occurring while performing services
pursuant to this contract shall be treated as confidential and shall not be discussed with
anyone except police, Contractor supervisory personnel, Yakima Transit supervisory
personnel, other person(s) involved in the accident, or as required by law.
k. Drivers will confirm that, before driving the vehicle, clients in wheelchairs are secured
with the mandatory 4-point tie down.
I. Drivers will not use cell phones or wear headphones or earpieces (including Bluetooth's),
other than medically prescribed hearing aids, while their vehicles are in service. Drivers will
not eat or consume any beverage while operating the vehicle or while involved in client
assistance.
m. The maximum shift for any driver shall not exceed 12 hours a day. Driver shifts and
behind -the -wheel drive time shall comply with federal and state regulations.
5) Unsatisfactory Driver Performance: Yakima Transit reserves the right to require that the
Contractor remove a particular driver from service under this contract if Yakima Transit determines
that the driver has behaved in an illegal, unsafe, or other manner that threatens the health or safety
of the public.
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I. Drug and Alcohol Policy
Contractor shall develop, maintain, and communicate the policy and its requirements to all affected
employees, which includes all safety -sensitive positions (supervisors, mechanics, drivers, and
dispatchers). If the employer chooses, they may model their policy after the City of Yakima's Substance
Abuse Policy. This policy shall require the contractor to remove safety -sensitive employees from safety -
sensitive duties when the Medical Review Officer (MRO) notifies the contractor that there may be issues
with the test results until the results are received from the MRO. The policy shall also have discipline
procedures for positive drug or alcohol test results.
Attach a copy of your company's Substance Abuse Policy. (Drug and alcohol policies can be found at 49
CFR Part 655) Contractor is encouraged to model their policy after the City of Yakima's Substance Abuse
Policy. Pre -employment alcohol testing is not required under FTA regulations, but the City of Yakima
conducts pre -employment alcohol testing; however, it isn't a requirement for subcontractors, unless
they intend to use the City's Substance Abuse Policy.
1) Contractor Drug and Alcohol Testing: The Contractor agrees to establish, implement, and enforce
a drug and alcohol testing program that complies with 49 CFR Part 40 and 49 CFR Part 655 and permit
any authorized representative of the United States Department of Transportation, Federal Transit
Administration, or the City of Yakima to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program and review the testing process.
Explain how you plan to meet the Federal Transit Administration (FTA) requirements regarding drug
and alcohol testing. Include your plan for pre -employment, probable cause, post -accident, follow-up,
return to duty, and random testing.
3) Testing: The Contractor shall complete pre -employment, reasonable suspicion, post -accident,
random, return to duty, and follow-up drug and alcohol testing, as well as conducting previous
employer record checks for all applicants seeking safety -sensitive positions. Random testing rates for
drugs and alcohol shall be in compliance with rates established annually by the Federal Transit
Administration (currently 10% for alcohol and 10% for drugs). The Contractor shall follow all rules
related to "direct observation" as it relates to return -to -duty and follow-up testing. The Contractor
should consider these testing requirements as minimums and may, under their own authority,
establish additional criteria for drug and/or alcohol testing their employees.
List name of drug and alcohol testing facility used, certified laboratory used, medical review officer
(MRO), Designated Employee Representative, and briefly describe drug and alcohol chain of custody
procedures. (DOT testing procedures can be found at 49 CFR Title 40) Contractor is encouraged to
use the same testing facility, lab, and MRO that the City uses.
2) Training Requirements: Contractor shall provide training for all affected employees and all
supervisors, including:
a. A minimum of one hour training per year for all employees performing safety -sensitive
functions and supervisors on the effects and consequences of drug and alcohol use on
personal health, safety, and the work environment and the signs and symptoms that may
indicate prohibited drug use or alcohol misuse.
b. A minimum of 120 minutes per year for all supervisors in determining reasonable
suspicion, which must consist of a minimum of one hour on the physical, behavioral, and
performance indicators of probable drug use and at least one hours training on the physical,
behavioral, speech, and performance indicators of probable alcohol misuse.
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c. Reasonable suspicion training for Managers, Supervisors, Dispatchers, or any other front-
line staff.
d. Training on the risks associated with the use of prescription and over-the-counter drugs.
These training requirements should be considered minimums and, under their own authority,
the Contractor is urged to exceed these requirements and provide additional training to
educate their employees.
4) Recordkeeping: The Contractor shall maintain documentation that includes: a breakout of all pre-
employment, random, post -accident, return to duty, follow-up, and reasonable suspicion drug and
alcohol tests; and, a year-end report listing all employees and documentation of each employee who
has completed drug and alcohol training during the last year.
The Contractor further agrees to certify its compliance with 49 CFR Parts 40 and 655 annually and
submit DOT required Management Information System (MIS) reports before February 28 to the City
of Yakima's Transit Manager.
Recordkeeping and reporting shall include, but not be limited to: test results, the testing process,
return -to -duty process, employee training, annual reports (DAMIS), policy statement, training
records, credentials of service agents, contractor oversight documents, random selection process,
individual testing records, previous employer consent forms, post -accident records, reasonable
suspicion test records, test results, and test refusals. This applies to the Contractor, their sub-
contractors and service agents.
Drug and alcohol records must be maintained separate from all other employee records and the
Contractor must maintain confidentiality of all drug and alcohol program records and limit access to
these testing records. Records are typically maintained in a locking file cabinet.
5) Program Monitoring: The Contractor is subject to monitoring by the City of Yakima. Contractor
shall notify the City of Yakima of any changes to their testing facility, MRO, or SAP. The City will likely
audit the testing facility, MRO, or SAP at various times during the contracting period.
6) Other: In addition to the information above, the following applies to this agreement:
a. Contractor shall not contract out management of their drug and alcohol program.
b. Contractor shall comply with the Drug -Free Workplace Act of 1988, which includes on-
going training and awareness to all employees.
c. Contractor shall be responsible for the costs of establishing and maintaining the required
drug and alcohol program and for all costs related to defending drug and alcohol program's
claims and actions and fees or penalties.
d. Contractor shall not allow an employee or prospective employee related to this contract
to operate a vehicle, supervise vehicle operators, or dispatch operators until the contractor's
Designated Employee Representative receives a negative pre -employment drug and alcohol
test results from the medical review officer (drugs) or breath alcohol technician (alcohol).
Failure to provide timely drug and alcohol related reports may result in the withholding of
payment for services until such time the report is accepted by the City of Yakima. In such a case,
payment will be paid to Contractor no later than thirty (30) days after receiving the report.
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4. Training Requirements
A. Training Program
The Contractor shall develop, implement, and maintain a formal training and retraining program for all of
its employees. This program shall be subject to review and approval by Yakima Transit. Yakima Transit
reserves the right to require additional training (up to a limit of twenty-four (24) additional hours per
employee per year. Additional hours will be negotiated) of any or all of the Contractor's employees as
deemed necessary at the Contractor's expense. During the contract, a current outline of the training
program, including periodic updates, shall be provided to Yakima Transit.
Drivers must complete and be trained to proficiency in all required training a maximum of 30 consecutive
calendar days, preferably sooner, after hiring as a driver.
All training shall be documented for each employee.
1) Explain your diver hiring and training program. Attach a written plan for training of new drivers
and on -going training. Describe your method of documenting training.
2) Describe your training to ensure drivers know all route and passenger pick up/drop off locations
in the service area.
3) Describe your plans for monitoring driver performance, including procedures for documenting
pre -trip inspections, complaints, accidents, etc.
B. Drivers Training
All vehicle operators employed or in any way utilized by the Contractor in the course of this contract shall
receive special training satisfactory to Yakima Transit to assure the safety of passengers and employees.
Vehicles, and equipment must be maintained at the highest possible levels. This training shall include, at
a minimum:
• Introduction to Professional Driving, sixty (60) minutes.
• Federal Regulations, thirty (30) minutes.
• Hazards Communications, thirty (30) minutes
• Creating a Drug and Alcohol Free Workplace, sixty (60) minutes
• Preventing Harassment, thirty (30) minutes.
• Blood borne Pathogens, twenty (20) minutes.
• Fatigue Management, thirty (30) minutes.
• Safety Best Practices, ninety (90) minutes.
• Introduction to the Bus, thirty (30) minutes.
• Pre -Trip Inspections, thirty (30) minutes.
• Mirror Adjustments and Reference Points, thirty (30) minutes
• LLLC Defensive Driving, ninety (90) minutes.
• Preventing Driver Distractions, thirty (30) minutes.
• Following Distance, thirty (30) minutes.
• Intersections, thirty (30) minutes.
• Railroad Crossings, thirty (30) minutes.
• Pedestrian Awareness, thirty (30) minutes.
• Preventing Backing Accidents, thirty (30) minutes.
• Merging, Lane Changing and Passing, thirty (30) minutes.
• Special Driving Conditions, thirty (30) minutes.
• Introduction to ADA and Sensitivity, forty-five (45) minutes
• Lifts, Ramps and Securement, forty-five (45) minutes.
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• Professionalism/Customer Service, thirty (30) minutes.
• Accident and Emergency Procedures, thirty (30) minutes.
• Vehicle breakdowns, accident policy and procedures, adverse weather and other emergency
procedures, including use of fire extinguishers and emergency vehicle evacuation.
• Cardio-pulmonary resuscitation (CPR) certification (including instruction in administering CPR
to children) and proper response to emergency medical needs of riders.
• Familiarity with how trips are scheduled and dispatched.
• Familiarity with the completion of necessary paperwork such as summary sheets, daily logs,
fueling, condition reports, accident reports, and incident reports.
• The proper way to handle fares.
Training updates and government -required training in these and other areas shall be mandatory for all
drivers. Individual training records for each driver shall be maintained and shall be available for inspection
by Yakima Transit upon 48 hours' notice.
C. Safety
The Contractor shall assume full responsibility for assuring that the safety and security of passengers,
employees, vehicles, and equipment are maintained at the highest possible level. Contractor shall comply
with all applicable Department of Transportation, OSHA, and WISHA requirements.
1) Safety Program: The Contractor shall develop, implement, and maintain a formal safety program,
to include monthly employee safety meetings. Contractor shall require all employees, including
drivers, dispatchers, vehicle maintenance mechanics, and supervisors, to participate in the safety
program. Contractor shall provide a Safety Manual containing an outline of their safety program,
including bi-annual updates (minimum), to the City for review. Safety Manual shall address, but not
be limited to:
• Security Plan
• Safety Training for all employees and subcontractors
• Blood -borne Pathogens Program
• Hazardous Materials Program
• Inclement Weather Plan
• Pandemic/Infectious Disease Policy
• Evacuation Procedures
• Accident Policy/Procedures
Describe your plans for monitoring driver performance, including procedures for documenting pre -
trip inspections, complaints, accidents, etc.
Describe your plan to minimize accidents and risk exposures.
2) Safety Records: Records of safety violations and accidents shall be given to the contract
supervisor with a description of what training or other approaches were taken to reduce future
incidents. A minimum of one annual safety audit shall be performed, with copies sent to the City.
Copies of inspections shall be kept on file. Minutes of Contractor's Safety meetings shall be filed and
made available upon request.
3) Post -Incident Training: A formalized plan for post -incident training and refreshers will be
presented to the City for review and approval. Follow-up training shall be mandatory. Training records
shall be maintained and made available to the City upon request.
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S. Service Vehicles
The following provisions apply to vehicles used by the Contractor in service. These provisions set forth the
Contractor's responsibilities regarding service vehicles, not the City's responsibilities. Contractor will maintain
and repair these vehicles consistent with the General Requirements below.
A. General Requirements
1) Vehicles: The Contractor will be responsible for providing adequate vehicles for use in providing
the service. This requires that the vehicles be ADA accessible and able to handle the terrain at all times
of the year with the capacity to meet passenger demands of up to 40-50 passengers per run during
the peak schedule and up to 15 passengers per run during the off-peak schedule. Adequate heat and
cooling must be provided during times of inclement weather. The vehicles must be able to reach
adequate highway speeds to keep the service on schedule. Yakima Transit must have the ability to
install cameras on the buses along with GIS/GPS and Wi-Fi equipment to allow for the vehicle to be
tracked on the City of Yakima's GIS website.
2) Vehicle Use: The vehicles used in this service (with commuter logos/signage) shall not be used in
any other service or program operated by the Contractor. Other contractor -owned vehicles shall not
be used in place of vehicles approved by Yakima Transit and with appropriate logo/signage without
notification and pre -approval.
3) Vehicle Logo: All revenue service vehicles shall display the logos determined by Yakima Transit in
a way agreed upon with the City.
4) Vehicle Identification: Each vehicle will have a designated, unique alpha/numeric number on the
exterior front, back, both sides and in the front interior to enable passengers or motorists to identify
the vehicle by number. These identification numbers will be at least 3" high and black in color.
5) Vehicle Appearance and Body Damage: Service vehicles must be maintained to have no apparent
body or interior damage. All damage to vehicles shall be repaired within thirty (30) days of the
occurrence in a high -quality manner. Any deviation from this timeline must be requested in writing
from Yakima Transit and approved prior to the expiration of the 30-day timeline.
6) Body damage repairs include all dents, rips or tears in the body, damage to frame or unit
construction, bent or collapsed bumpers, broken or missing lights, glass, windows, windshields, vents,
steps, seats, seatbelts, any and all additional accessories added to the vehicle body, inside and out.
Body damage shall also include cosmetic repairs, excluding minor door dings. In summary, all damage
that could determine an unsafe operational condition for passengers and operator and/or lessen the
value of such vehicle or otherwise cause a misrepresentation of the safety, quality, and
professionalism of the Contractor and Yakima Transit.
B. Maintenance
Vehicles utilized to provide service under this agreement shall be kept in optimal operating condition and
maintained according to manufacturer's recommendations as a minimum standard to minimize breakdowns
and decrease the possibility of accidents. A permanent record shall be kept of all maintenance and repairs.
Maintenance records must be available for inspection upon request.
1) Vehicles interior and exteriors must be clean and have exteriors free of broken mirrors, windows,
grime, rust, chipped paint or major dents which detract from the overall appearance of the vehicle.
Vehicle exteriors shall be washed at least twice each week on non-consecutive days and within one
day after each rain/snowfall, and before being operated on any day if necessary to maintain a clean
appearance.
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2) The passenger compartments must be clean, dust -free, without torn upholstery or floor
coverings, damaged or broken seats and protruding sharp edges. Vehicle interiors shall be swept and
emptied of trash at least once daily and windows shall be washed at least once a week. All vehicles
shall be detailed thoroughly at least once a month. The interior shall be free of dirt, odors, oil, grease
or litter. The seatbelts shall be clean and in proper working order. Body fluids, which could pose a
health hazard to passengers, shall be cleaned up immediately before picking up additional passengers.
Biohazard clean up kits must be available on each vehicle in service. A log shall be kept to ensure all
vehicles are cleaned according to prescribed schedule. Explain procedures for cleaning of vehicles.
3) Each vehicle will be expected to be maintained in compliance with the Minimum Periodic
Inspection Standards that have been established and that are in compliance with the Federal Motor
Carrier Safety Regulations, Pocketbook edition. Contractors are encouraged to obtain a current copy
of the Federal Motor Carrier Safety Regulations, Pocketbook edition if they do not already have one.
Attach a copy of your vehicle maintenance plan, which includes: preventative maintenance, schedule, safety
inspection, maintenance of vehicle histories, life maintenance and/or other requirements.
C. Vehicle Safety Equipment
Service vehicles shall be equipped with the following minimum safety equipment, which shall be the
Contractor's sole responsibility:
1) Two-way communications with Contractor base station.
2) Fire extinguisher, U.L. approved, appropriate for size and type of vehicle.
3) First aid kit (approved for capacity of vehicle).
4) Sterile gloves and Mouth to Mouth Barriers.
5) Reflective triangles or other similar warning device.
6) Flashlight.
7) Tire chains, sand or other traction devices (seasonal).
8) Seatbelt cutters.
9) Blood -borne pathogens kit.
10) A current map of the City of Yakima (no more than 2 years of age) or immediate access to GPS
mapping information.
11) Accident report forms and witness statement forms.
The safety equipment shall be properly maintained and kept in fully functional condition. No vehicle shall be
used to provide revenue service without functioning seatbelts, passenger lift, vehicle safety equipment,
heater, and air conditioning.
Passenger restraint equipment shall be used in accordance with Washington State law. All passengers in
wheelchairs shall be transported facing forward and shall be secured with a minimum four -point ADA-certified
securement system, which includes a lap belt capable of being secured to the floor. All seatbelts and mobility
device securements must be used in accordance with manufacturers' specifications.
Passenger lifts shall, at a minimum, meet all ADA requirements including size and lift capacity. Lifts shall be
tested regularly (documented) to insure ability to lift minimum weight required by the ADA in accordance
with federal regulations.
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D. Vehicle Inspection
The City retains the right to inspect any and all vehicles utilized in service under this contract (including
maintenance and license records) at any time. Such inspection shall be at the City's cost unless the vehicle
fails the inspection, in which case Contractor shall pay for the inspection. Costs for such inspections would be
billed at the current City of Yakima hourly shop charge. Currently that rate is $75.00 per hour. Vehicle
inspections will be conducted on a random, monthly, or as -needed basis throughout the life of the contract.
E. Failed Vehicle Inspections
If a vehicle fails a vehicle inspection, that vehicle MAY NOT be utilized in revenue service until the appropriate
repair or correction has been made, the vehicle has been re -inspected and passed. Any vehicle that receives
a notation of "Needs Attention" may continue to remain in service since the fault is not judged to be a safety
issue, however the fault must be corrected before that vehicle is re -inspected in either a scheduled or random
inspection. Failure to correct a fault before re -inspection is considered a breach of contract.
6. Experience and References
This section of the proposal should establish the ability of the proposer to satisfactorily provide the required
service by reasons of demonstrated competence, by the nature and relevance of recently completed work;
record of current contracts; and supportive client references.
A. Similar Service/Related Contracts
Provide examples of similar service or other related contract work you have provided in the last year.
Attach letters of reference or furnish the name, title, address and telephone number of the person(s) who is
most knowledgeable about the work performed.
B. Required License(s)
Provide copies of current City, County and State required license(s) in the same name and permanent
business address as the proposer.
7. Proposed Operating Base Facility
Identify and describe your proposed operating base facilities including any locations in Yakima and Ellensburg for
administrative, operating, and vehicle parking/storage.
8. Communications
Describe your Driver communication system. Include range, capability, location of base and explain how all
vehicles proposed to be used in contract service will be equipped with communication units.
9. Fuel
Contractor will be solely responsible to provide and pay for fuel it uses in relation to the service, including
revenue, administrative, and supervisory vehicles.
10. Comments
Contractor shall keep any comments or complaints that come in related to the Service. Any comments related
to civil rights violations shall be forwarded to the City within 24 hours. A copy of all complaints shall be
submitted with monthly ridership reports.
11. Changes in Service
The City reserves the right, at any time by written order, to make changes within the general scope of the contract
regarding the services to be performed. Such changes might include, but are not limited to: changes in service
not to exceed an expansion or reduction of 25%, changes in the method of operations, requirements for
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passenger surveys or an analysis of service, requirements for record keeping, passenger assistance, customer
service, and driver training.
12. City of Yakima Transit Responsibilities
A. Establish policies, procedures, and fare structures.
B. Conduct policy development, marketing of services including promotions and publicity, and oversight of
complaint handling.
C. Notify Contractor of upcoming National Transit Database reporting periods and audits in a timely
manner.
13. Questionnaire
Proposer must complete the Proposer Questionnaire Form on Section VIII and submit it with their proposal
response.
I. COST PROPOSAL
1. General Instructions for Preparing Cost Proposals
Proposer must submit a cost proposal on the Cost Proposal Form under Tab 8 of their proposal.
2. Total Project Cost
Proposer must provide a total project cost to include all requisite services, materials, work products and ancillary
expenses. Available budget for this project is estimated to be between $490,000 and $550,000.
Contractor and any subcontractors' travel expenses (e.g. airfare, lodging, and meals, insurance) and other
miscellaneous expenses related to the provision of services must be included in the proposed cost and cannot be
an additional charge.
Contractor's expenses related to providing services (e.g. computer, printer, miscellaneous equipment) must be
included in the proposed cost and cannot be at an additional charge.
3. Pricing and Discount
The Owner qualifies for governmental discounts. Unit prices shall reflect these discounts. Unit prices shown on
the proposal or contract shall be the price per unit of sale (e.g., hour, ea.) as stated on the request or contract.
For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall
govern in the proposal evaluation and contract administration.
4. Price Clarifications
The Owner reserves the right to clarify any pricing discrepancies related to assumptions on the part of the
Proposers. Such clarifications will be solely to provide consistent assumptions from which an accurate cost
comparison can be achieved.
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11® COST PROPOSAL FORM
PROPOSAL COST FORM (Fill out and upload with proposal)
Description
Cost per vehicle revenue service hour
Turnkey service including, insurance, fuel, staff, vehicles, and all
equipment.
$
Will your company be able to operate all days and hours required
Yes ❑ No ❑
in Section V, Subsection 2.a
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111® PROPOSER QUESTIONNAIRE
INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the Owner
may request Proposer to provide such information within a mandatory due date. You must submit this completed form
to the Owner with your Proposal. Failure to submit this form fully complete, may result in disqualification of Proposal.
Proposer's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business
License No.
Phone ( )
FAX ( )
Mailing Address
City
Physical Address
City
Name
Phone ( )
FAX ( )
Mailing Address
City
Physical Address
City
Federal
EIN No.
Toll Free
Phone
E-Mail Address
State
State
Zip + 4
Zip + 4
Title
Toll Free
Phone ( )
E-Mail Address
State
State
Zip + 4
Zip + 4
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Is your firm a Corporations?
If a Corporation, list all Officers:
Title Name
PROPOSER QUESTIONNAIRE
Page 2 of 5
Date State &
Yes ❑ No ❑ Incorporated County
Address
Indicate: Private For -Profit Yes ❑ No ❑ Private Non -Profit Yes ❑ No ❑
If sole proprietor or partnership, list all principles:
Name Address
Are you a Certified Disadvantaged Business Enterprise? #
Within the previous five years, has your firm been the debtor of a bankruptcy?
Please explain
Attach your Proof of Certification.
Yes: No:
Is your firm in the process of or in negotiations toward being sold? Yes: No:
Please explain
Within the previous five years, has your firm been debarred from contracting with any
local, state, or federal government contract? Yes: No:
Please explain
Within the previous five years, has your firm been determined to be a non -
responsible bidder for a proposal for any government contract? Yes: No:
Please explain
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PROPOSER QUESTIONNAIRE
Page 3 of 5
Within the previous five years, has a governmental or private entity terminated your
firm's contract prior to contract completion? Yes: No:
Please explain
Within the previous five years, has your firm used any subcontractor to perform work
on a government contract when that subcontractor had been debarred by a
governmental agency? Yes: No:
Please explain
List the name(s) of your insurance agent(s) and all companies who insure you.
Auto Insurance Telephone
General Liability Telephone
Workman's Comp Telephone
Do you contract your vehicle maintenance routine to another company? Yes: No:
If so, do they a Drug & Alcohol Policy and Testing program? Yes: No:
List your maintenance company, contact person with telephone number.
Company Name Phone
Address
Contact Person Phone Email
DISPUTES
Within the previous five years, has your firm been the defendant in court on a matter related to any of the following?
• Payment to subcontractors? Yes: No:
Please explain
• Work performance on a contract? Yes: No:
Please explain
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Pff~RFOUESTIONNAIRE
Page 2 of 4
Page 4 of 5
Does your firm have any outstanding lawsuits or judgments pending against it? Yes: No:
If yes, provide a list and please explain:
Within the previous five years, has your firm been assessed liquidated damages
on a contract? Yes: No:
Please explain
Has your firm received notice of and/or in litigation about patent infringement for
the product and/or service that your firm is offering to the City? Yes: No:
Please explain
Within the previous five years, has your firm or any of its owners, partners, or
officers, been assessed penalties or found to have violated any laws, rules, or
regulations enforced or administered by a governmental entity? This does not
include owners of stock if your firm is a publicly traded corporation. Yes: No:
Please explain
License(s) are required to perform the services sought by this solicitation.
Within the previous five years, has your firm had a license terminated or
suspended by a licensing agency or been found to have violated licensing laws? Yes: No:
Please explain
Is a governmental entity or public utility currently investigating your firm for false
claims or material misrepresentations? Yes: No:
Please explain
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:2:101091+�:1:KO111*+ 1[ii I i !M,1 D i :4
PlRggE52)b54
Within the previous five years, has a governmental entity or public utility
determined your firm made a false claim or material misrepresentation? Yes: No:
Please explain
Within the previous five years, has your firm or any of its owners, partners or
officers been convicted of a crime involving the bidding on a government
contract, the awarding of a government contract, the performance of a
government contract, or of a crime of fraud, theft, embezzlement, perjury,
bribery? This does not include Owners of stock if your firm is a publicly traded
corporation. Yes: No:
Please explain
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PROPOSEREF C
1) Company Name
Address (include Zip + 4)
Contact Person
Describe experience with reference
2) Company Name
Address (include Zip + 4)
Contact Person
Describe experience with reference
3) Company Name
Address (include Zip + 4)
Contact Person
Describe experience with reference
affeluMme
ITSTIM LI •
ITSTIM LI •
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49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
The undersigned
that:
(Fill out and upload with proposal)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
certifies, to the best of his or her knowledge and belief,
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying
contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 USC 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
31, USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 USC § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a
required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 USC
3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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PERSONNEL INVENTORY FORM
Firm Name:
e :511M-
Contact:
121TOR n:r�l
City: State: Zip:
Type of Service Provided:
Are you a certified DBE or WMBE?: YES_ NO_. If yes, what is your certification number?
Vendor's Entire Work Force - if you need additional space,
photocopy this section and attach it to this form.
Occupation
Total Employed
Total
Minorities
African
American
Asian or Pacific
Islander
Native
American
Hispanic or
Latino
Apprentice
Trainee
M
F
M
F
M
F
M
F
M
F
M
F
M
F
Officers
Foremen
Clerical
Totals:
Goals for minorities and women employees in the Vendor's and subVendor's workforce are 10% combined. Vendors
and subVendors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it
shall be an obligation to make a good faith effort to hire qualified minorities and women.
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ATTACHMENT A
When spending Federal Funding, the City complies with and has a separate policy for "Uniform Administrative
Requirement, Cost Principals, and Audit Requirements for Federal Awards", published in Title 2 of the Code of
Federal Regulations, (2 CFR 200), specifically 2 CFR 200.318 through 200.326.
2 CFR 200 Procurement Standards for when utilizing Federal Funds
(Adapted for City of Yakima use to comply with 200.318 through 200.326)
200.318 General procurement standards.
200.319 Competition.
200.320 Methods of procurement to be followed.
2.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
2.322 Procurement of recovered materials.
200.323 Contract cost and price.
20.324 Federal awarding agency or pass -through entity review.
200.325 Bonding requirements.
200.326 Contract provisions.
1. General procurement standards. (Adapted from §200.318)
A. Conform to Federal Law: The City uses its own documented procurement procedures which reflect applicable State,
local, laws and regulations, providing for procurements that conform to applicable Federal law and the standards
identified in these Procurement Standards.
B. Oversight: City Attorney shall maintain oversight when procuring Equipment, Materials, Services and Limited Public
Works, to ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
C. Conflict of Interest: City maintains written standards of conduct covering conflicts of interest and governing the actions
of its employees engaged in the selection, award and administration of contracts in the City. In addition, no employee,
officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award
if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee,
officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or
is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract.
The officers, employees, and agents of the City may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts.
D. Organizational Conflicts of Interest: If the City has a parent, affiliate, or subsidiary organization that is not a state,
local government, or Indian tribe, the City maintains written standards of conduct covering organizational conflicts of
interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or
subsidiary organization, the City entity is unable or appears to be unable to be impartial in conducting a procurement
action involving a related organization.
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E. Most Economical Approach: The City must avoid acquisition of unnecessary or duplicative items. Consideration
should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where
appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to
determine the most economical approach.
F. Intergovernmental Procurements: To foster greater economy and efficiency, and in accordance with efforts to
promote cost-effective use of shared services across the Federal Government, the City is encouraged to enter into
state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use
of common or shared goods and services.
G. Federal Surplus: The City is encouraged to use Federal excess and surplus property in lieu of purchasing new
equipment and property whenever such use is feasible and reduces project costs.
H. Value Engineering: The City is encouraged to use value engineering clauses in contracts for construction projects of
sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative
analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.
I. Responsible Contractor: The City must award contracts only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such
matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical
resources. See also § 200.213 Suspension and debarment.
J. Records: The City must maintain records sufficient to detail the history of procurement. These records will include,
but are not necessarily limited to, the following: rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and the basis for the contract price.
K. Time and Materials Contracts: The City entity may use a time and materials type contract only after a determination
that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk.
Time and materials type contract means a contract whose cost to a City is the sum of:
i. The actual cost of materials; and
ii. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and
profit.
L. Ceiling Price: Since this formula generates an open-ended contract price, a time -and -materials contract provides no
positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling
price that the contractor exceeds at its own risk. Further, the City awarding such a contract must assert a high degree
of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost
controls.
M. Issues: The City alone must be responsible, in accordance with good administrative practice and sound business
judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues
include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the
City of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its
judgment for that of the City unless the matter is primarily a Federal concern. Violations of law will be referred to the
local, state, or Federal authority having proper jurisdiction.
[73 FR 73603, Dec. 26, 2013, as amended at 79 FR 75335, Dec. 19, 2014; 80 FR 43309, July 22, 2015]
2. Competition. (Adapted from § 200.319)
A. Full and Open Competition: All procurement transactions must be conducted in a manner providing full and open
competition consistent with the standards of this section. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of
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work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some
of the situations considered to be restrictive of competition include but are not limited to:
B. Unreasonable Requirements: Placing unreasonable requirements on firms in order for them to qualify to do business;
C. Unnecessary Experience and Bonding: Requiring unnecessary experience and excessive bonding;
D. Noncompetitive Pricing: Noncompetitive pricing practices between firms or between affiliated companies;
E. Noncompetitive Contracts: Noncompetitive contracts to consultants that are on retainer contracts;
F. Organizational conflicts of interest:
G. Brand Name: Specifying only a "brand name" product instead of allowing "an equal' product to be offered and
describing the performance or other relevant requirements of the procurement; and
H. Arbitrary Actions: Any arbitrary action in the procurement process.
Geographical Preferences: The City will conduct procurements in a manner that prohibits the use of statutorily or
administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except
in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing
in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services,
geographic location may be a selection criterion provided its application leaves an appropriate number of qualified
firms, given the nature and size of the project, to compete for the contract.
J. The City ensures that all solicitations:
Incorporate a clear and accurate description of the technical requirements for the material, product, or service
to be procured. Such description must not, in competitive procurements, contain features which unduly restrict
competition. The description may include a statement of the qualitative nature of the material, product or
service to be procured and, when necessary, must set forth those minimum essential characteristics and
standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be
avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of
the technical requirements, a "brand name or equivalent" description may be used as a means to define the
performance or other salient requirements of procurement. The specific features of the named brand which
must be met by offers must be clearly stated; and
Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or
proposals.
iii. The City ensures that all prequalified lists of persons, firms, or products which are used in acquiring goods and
services are current and include enough qualified sources to ensure maximum open and free competition.
Also, the City must not preclude potential bidders from qualifying during the solicitation period.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
3. Methods of procurement to be followed. (Adapted from § 200.320 )
The City must use one of the following methods of procurement.
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A. Procurement by micro -purchases. Procurement by micro -purchase is the acquisition of supplies or services, the
aggregate dollar amount of which does not exceed the micro -purchase threshold (§ 200.67 Micro -purchase). To the
extent practicable, the City must distribute micro -purchases equitably among qualified suppliers. Micro -purchases
may be awarded without soliciting competitive quotations if the City considers the price to be reasonable.
B. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal
procurement methods for securing services, supplies, or other property that do not cost more than the Simplified
Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an
adequate number of qualified sources.
C. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum
or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of
the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction,
if the conditions in paragraph (C)(i) of this section apply.
In order for sealed bidding to be feasible, the following conditions should be present:
1) A complete, adequate, and realistic specification or purchase description is available;
2) Two or more responsible bidders are willing and able to compete effectively for the business; and
3) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can be made principally on the basis of price.
4) If sealed bids are used, the following requirements apply:
a) Bids must be solicited from an adequate number of known suppliers, providing them sufficient
response time prior to the date set for opening the bids (11 days for the City in 2 issues and 13
days for the County in 2 issues). The invitation for bids must be publicly advertised;
b) The invitation forbids, which will include any specifications and pertinent attachments, must define
the items or services in order for the bidder to properly respond;
c) All bids will be opened at the time and place prescribed in the invitation for bids, and opened
publicly;
d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and
life cycle costs must be considered in determining which bid is lowest. Payment discounts will only
be used to determine the low bid when prior experience indicates that such discounts are usually
taken advantage of; and
e) Any or all bids may be rejected if there is a sound documented reason.
D. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than
one source submitting an offer, and either a fixed price or cost -reimbursement type contract is awarded. It is generally
used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements
apply:
Requests for proposals must be publicized and identify all evaluation factors and their relative importance.
Any response to publicized requests for proposals must be considered to the maximum extent practical;
ii. Proposals must be solicited from an adequate number of qualified sources;
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iii. The City must have a written method for conducting technical evaluations of the proposals received and for
selecting recipients;
iv. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program,
with price and other factors considered; and
The City may use competitive proposal procedures for qualifications -based procurement of
architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and
the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The
method, where price is not used as a selection factor, can only be used in procurement of A/E professional
services. It cannot be used to purchase other types of services though A/E firms are a potential source to
perform the proposed effort.
vi. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement
through solicitation of a proposal from only one source and may be used only when one or more of the
following circumstances apply:
1)The item is available only from a single source;
2)The public exigency or emergency for the requirement will not permit a delay resulting from competitive
solicitation;
3)The Federal awarding agency or pass -through entity expressly authorizes noncompetitive proposals in
response to a written request from the City; or
4)After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FP 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015]
4. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
(Adapted from § 200.321)
A. The City must take all necessary affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used when possible.
B. Affirmative steps must include:
Placing qualified small and minority businesses and women's business enterprises on solicitation lists
(forward requests to Purchasing);
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources.
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce, and
Montana Department of Transportation https://www.mdt.mt.gov/business/contracting/civil/dbe.shtmi.; and
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vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs
(i) through (ii) of this section.
5. Procurement of recovered materials. (Adapted from § 200.322 )
The City must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program
for procurement of recovered materials identified in the EPA guidelines.
[78 FR 78608, Dec, 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
6. Contract cost and price. (Adapted from § 200.323)
A. The City must perform a cost or price analysis in connection with every procurement action in excess of the Simplified
Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts
surrounding the particular procurement situation, but as a starting point, the City must make independent estimates
before receiving bids or proposals.
B. The City must negotiate profit as a separate element of the price for each contract in which there is no price
competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration
must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's
investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the
surrounding geographical area for similar work.
C. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that
costs incurred or cost estimates included in negotiated prices would be allowable for the City. The City may reference
its own cost principles that comply with the Federal cost principles.
D. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.
7. Federal awarding agency or pass -through entity review. (Adapted from § 200.324)
A. The City must make available, upon request of the Federal awarding agency or pass -through entity, technical
specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such
review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review
generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the
City desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency
or pass -through entity may still review the specifications, with such review usually limited to the technical aspects of
the proposed purchase.
B. The City must make available upon request, for the Federal awarding agency or pass -through entity pre -procurement
review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates,
when:
The City's procurement procedures or operation fails to comply with the procurement standards in this part;
ii. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without
competition or only one bid or offer is received in response to a solicitation;
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iii. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand
name" product;
iv. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than
the apparent low bidder under a sealed bid procurement; or
A proposed contract modification changes the scope of a contract or increases the contract amount by
more than the Simplified Acquisition Threshold.
C. The City is exempt from the pre -procurement review in paragraph (ii) of this section if the Federal awarding agency
or pass -through entity determines that its procurement systems comply with the standards of this part.
D. The City may request that its procurement system be reviewed by the Federal awarding agency or pass -through entity
to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews
must occur where there is continuous high -dollar funding, and third party contracts are awarded on a regular basis;
E. The City may self -certify its procurement system. Such self -certification must not limit the Federal awarding agency's
right to survey the system. Under a self -certification procedure, the Federal awarding agency may rely on written
assurances from the City that it is complying with these standards. The City must cite specific policies, procedures,
regulations, or standards as being in compliance with these requirements and have its system available for review.
8. Bonding requirements. (Adapted from § 200.325)
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the
Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the City provided that
the Federal awarding agency or pass -through entity has made a determination that the Federal interest is adequately
protected. If such a determination has not been made, the minimum requirements must be as follows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a
firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance
that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the
time specified.
B. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one
executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed
in connection with a contract to assure payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the contract.
9. Federal Contract provisions. (Adapted from § 200.326)
The City's contracts utilizing Federal Funding must contain the applicable provisions described in Appendix II to Part 200—
Contract Provisions for City Contracts Under Federal Awards, which can be viewed and copied at:
http://federal.elaws.us/cfrZtitle2.chapterii.part200.appii
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal
entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
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7s
authorized by 41 t1S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity
including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41_CFR _Part 60, all contracts that meet the definition
of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR 60-1.4(ba , in accordance with Executive Order 11246, "Equal Employment Opportunity" Q FP 123 19, 12935, 3 CFR
Part:, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 4 CF � pjkrt 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U,S.C. 3141-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the
Davis -Bacon Act (40 U&C, 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance
with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not
less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (49
U &C,_31.45), as supplemented by Department of Labor regulations (29_CTRPart 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -
Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U,S _C_3701-3708). Where applicable, all contracts awarded by the non -
Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 4_U LI S.C__3702. and 3704, as supplemented by Department of Labor regulations (19 C'F- li t 5). Under 40
t1.S.C.. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
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79
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U_ .Cr 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding
agreement" under 37 C -F §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C'E _ a-11
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts
and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42- U.S.C�74_01_7671cg._) and the Federal Water Pollution Control Act (33 U S. 1 2 1__)_387), as amended —
Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree
to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (d_3_U&C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 t. &C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2__C_FR 180.220) must not be
made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFI 180 that implement Executive Orders 12549 (3 CF � tt_19 i Comp., p. 189) and 12689 (3 CFR,
p__rt � 989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
(I) Byrd Anti -Lobbying Amendment O L.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must
file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -
Federal award.
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(J) See §200.322 Procurement of recovered materials.
[78 PP. "75608, Dec. 26, 2013, as amended at 79 Fly 75888, Dec. 19, 2014]
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12321P Yakima -Ellensburg Commuter Services Page 7 0 7
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ATTACHMENT 132
r
SEASON/OFF-SEASON
Seasonal Schedule
Sept 21, 2023 - Nov 22, 2023- Fall Quarter
Nov 28, 2023 — Dec 8, 2023 Fall Quarter (cont.)
Jan 4, 2024 — Mar 17, 2024 Winter Quarter
Mar 29, 2024 —Jun 9, 2024 Spring Quarter
Off Season Schedule
July 1, 2023 —
Sept 20, 2023 — Summer
Nov 23, 2023
— Nov 25, 2023 —Thanksgiving Break
Dec 9, 2023 —
Jan 3, 2024 — Winter Break
Mar 18, 2024
— Mar 28, 2024 — Spring Break
Jun 10, 2024—Jun
30, 2024
TBD in future
school years
12321P Yakima -Ellensburg Commuter Services Page 76 of 78
84
ATTACHMENT B3
No Service Provided on the Following Nationally Recognized Holidays
---------------------------- 2023
-----------------------------------
Juneteenth
Mon., June 19, 2023
Independence Day
Tues., July 4, 2023
Labor Day
Mon., Sept. 4, 2023
Veterans Day
Sat., Nov. 11, 2023
Thanksgiving Day
Thurs., Nov. 23, 2023
Christmas Day
Mon., Dec. 25, 2023
---------------------------- 2024
-----------------------------------
New Year's Day
Mon., Jan. 12024
Martin Luther King Day
Mon., Jan 15, 2024
President's Day
Mon., Feb. 19, 2024
Memorial Day
Mon., May 27, 2024
Juneteenth
Wed., June 19, 2024
Independence Day
Thurs., July 4, 2024
Labor Day
Mon., Sept. 2, 2024
Veterans Day
Mon., Nov. 11, 2024
Thanksgiving Day
Thurs., Nov. 28, 2024
Christmas Day
Wed., Dec. 25, 2024
---------------------------- 2025
-----------------------------------
New Year's Day
Wed., Jan. 12025
Martin Luther King Day
Mon., Jan 20, 2025
President's Day
Mon., Feb. 17, 2025
Memorial Day
Mon., May 26, 2025
Juneteenth
Thurs., June 19, 2025
Independence Day
Fri., July 4, 2025
Labor Day
Mon., Sept. 1, 2025
Veterans Day
Tues., Nov. 11, 2025
Thanksgiving Day
Thurs., Nov. 27, 2025
Christmas Day
Thurs., Dec. 25, 2025
---------------------------- 2026
-----------------------------------
New Year's Day
Thurs., Jan. 12026
Martin Luther King Day
Mon., Jan 19, 2026
President's Day
Mon., Feb. 16, 2026
Memorial Day
Mon., May 25, 2026
TBD for subsequent years
12321P Yakima -Ellensburg Commuter Services Page 77 of 78
w
ATTACHMENT C
2019
Month
Month
Month
Month
Jan
Jan
Jan
Jan
Feb
Feb
Feb
Feb
March
March
March
March
April
April
April
April
May
May
May
May
June
June
June
June
July
July
July
July
August
August
August
August
September
September
September
September
October
October
October
October
November
November
November
November
December
December
December
December
Total
Total
Total
Total
2022
Month
Month
Month
Month
Jan
Jan
Jan
Jan
Feb
Feb
Feb
Feb
March
March
March
March
April
April
April
April
May
May
May
May
June
June
June
June
July
July
July
July
August
August
August
August
September
September
September
September
October
October
October
October
November
November
November
November
December
December
December
December
Total
Total
Total
Total
12321P Yakima -Ellensburg Commuter Services Page 78 of 78
86
411111-1-TWE
RFP SOLICITATION
12321 P YAKIMA-ELLENSBURG COMMUTER SERVIC'
m
11® COST PROPOSAL FORM
PROPOSAL COST FORM (Fill out and upload with proposal)
Description
Cost per vehicle revenue service hour
Turnkey service including, insurance, fuel, staff, vehicles, and all
equipment.
$ 159.86
Will your company be able to operate all days and hours required
Yes v No ❑
in Section V, Subsection 2.a
12321P Yakima -Ellensburg Commuter Services Page 29 of 78