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HomeMy WebLinkAboutLightle Enterprises of Ohio, LLC - Aluminum Sign Blanks AgreementAGREEMENT CITY -OF YAKIMA Bid 12024 Aluminum Sign Blanks THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Lightle Enterprises of Ohio, LLC, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in Bid 12024 Aluminum Sign Blanks Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to four (4) additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve-month period of the Contract. 4. Changes Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 5. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 6. Successors and Assigns Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 7. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 12024 Aluminum Sign Blanks Page 1 of 5 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. 9. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 10. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 11. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington 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 12024 Aluminum Sign Blanks Page 2 of 5 expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 12. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 13. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 12024 Aluminum Sign Blanks Page 3 of 5 14. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 15. Contract Documents This Contract, the Invitation to Bid 12024 Aluminum Sign Blanks Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 16. Termination - Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 17. Termination - Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by ovemight courier, facsimile or first class mail, certified with return receipt requested. Notices to the parties shall be delivered to: TO CITY: Robert Harrison, City Manager TO CONTRACTOR: Lightle Enterprises of Ohio, LLC City of Yakima David Lightle City Hall —First Floor PO Box 329 129 North Second Street Frankford, OH 45628 Yakima, WA 98901 COPY TO: City of Yakima Purchasing Christina Payer, Buyer I City Hall —First Floor 129 North Second Street Yakima, WA 98901 12024 Aluminum Sign Blanks Page 4 of 5 23. Survival The foregoing sections of this Contract, 2-22 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY 0 YAKIMA LIGHTLE ENTERPRISES OF OHIO, LLC Robert Harrison, Cit Manager Date: /0 /2( 2- ' 20 Lorry CONTRACT NO: 741 RESOLUTION NO.° ('I/Ch. Attest: City Clerk 12024 Aluminum Sign Blanks By: Date: (Print name) Page 5 of 5 City mfYakima NOTICE TO BIDDERS BUD 12024 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via Pub|icPurchase.comn until the hour of 11:00:o0 AM PST on Septennber11, 2020. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2ndStreet, Yakima, Washington 989O1. Atsuch time, Bids will bepublicly read for: Aluminum Sign Blanks Due to the COV|0-19 pandemnic and the Governor's order against public gatherings our public bid openings will now be conducted via live stream through our City of Yakima YPAC Division. The link to view the public bid opening remotely is as follows: https://www.vakimawa.govjcouncil/live- stream/ Instructions to register with Pub|icPurchase.com one available at xvvvxx4mhinmawm.00v/services/purchasin0. The City of Yakima reserves the right to reject any & all Q|Ds. The City hereby notifies all Bidders that it will affirmatively ensure compliance with WA State Law Against Discrimination (RCVV chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated August 26 2020Publish onAugust 2Q&2S,2O3O Christina Payer, Buyer | 12024 Aluminum Sign Blanks Page IL of 23 CITY OF YAKIMA INVITATION TO BID 12024 COVER SHEET THIS IS NOT AN ORDER BID Release Date: August 28, 2020 Bid Receipt: Bidders must first register with PublicPurchaseecom and Bid shall be completely uploaded into PublicPurchaseecom no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time, Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted ItISA LY C V T U PUBLIC*"U'C AS LCtw Purchasing For: City of Yakima Traffic Division 2301 Fruitvale Blvd Yakima, WA 98902 Buyer in charge of this procurement (Contact for further information): Christina Payer, Buyer I Bids Must be completely uploaded by: September 11, 2020 at 11:00:0o AM PST Public Opening Phone E-Mail Address (509) 576-6696 christinaayer .yakirara,ov PROJECT DESCRIPTION SUMMARY Aluminum Sign Blanks Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of order. Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required ❑ I hereby acknowledge receiving addendum(a) (use as many spaces as addenda received) In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Bid; that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all panties acres. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative (Type or Print) Signature of Above Date Title Email Address Phone ( ) Fax 12024 Aluminum Sign Blanks Page 2 of 23 Invitation to Bid #12024 I. Contents II. GENERAL INFORMATION 5 1. Purpose 2. Contracting Agency and Point of Contact 3. New and Unused 4. Best Modern Practices 5. Equal/Approved Equal 6. Exceptions 7. More or Less 8. Delivery/Completion 9. Delivery Acceptance 10. Delivery of Unapproved Substitutions 11. Contract Term 12. Pricing and Discount............................................................................. ......... ........: : 14. Price Clarifications 15. Price Increases 16. Price Decreases..................................................................................... 17. Expansion Clause.................................................................................. ........: ........:b; 18. Warranty 19. Warranty Coverage 20. Regulations and Codes 21. Prompt Payment 22. Payments 23. Payment Method - Credit Card Acceptance 24. Acceptance of Terms 25. Sales Tax 26. Tax Revenues 27. Clarifications and/or Revisions to Specification and Requirements ......... .........,_, 28. Incurring Costs 29. No Obligation to Contract 30. Retention of Rights 31. Points Not Addressed...........................................................................a,,..,.....,...,.::.,: 32. Other City Departments/Like Items Added 33. Materials Bought from Different Supplier 34. Re -Award 35. Errors and Omissions 12024 Aluminum Sign Blanks Page 3 of 23 ..5 5 5 5 ..5 .5 6 :..6 .6 ..6 6 .7 8 ..8 8 .8 .:.. 8 .8 .9 9 9 .9 10 10 .10 10 10 10 11 36' Changes11 0k PREPA�NGAND SUBN|TONGABID 11 1' General Instructions 11 2' Submm��ngm�Bid 11 3' PnohUb�Uonxf��UddenTerms �&��ond�ionm 11 4' Multiple Bids 11 5' ��thdnmmmuUmf��ids 11 1��BIDDERS CHECKLIST 12 1' Bidder must complete and upload, oopo�mftheir Bid oubmi�a|.all required forms |imbmdba|ovvinaccordance with Section ||| - Preparing and Submitting a Bid 12 V. EVALUAJ|[>NAND ��ONTRACTA�A\RO 12 1. Bid Evaluation- -~-'^.^~__^,__.,,,^_12 2. Offer in Effect for Ninety (90)��ays_mm.-"_,=~°.~=--'-._-_~-.._~-.~°_x~^.,._^_-..-^.-.^°.12 3^ Protest Procedure 12 V1 B|� F��� ,°� ,s . + ° '._.��.~ __ _, , ^ ' 14 � ,, °, ,.° � ,^ ^ ,~_ , '-~__^��w.,-_~-��-^ ~�f-_+__-'-^�--~ \4i SAMPLE CONTRACT .__..°,_,^~__~___,,__~_^~_~°~_,~__,_.__=~.__,17 Uk 12024 Aluminum Sign Blanks Page 4 of 23 II. L I F TI INVITATION TO BID # 12024 Aluminum Sign Blanks 1. Purpose It is the intent and purpose of these specifications to describe Aluminum Sign Blanks in sufficient detail to secure bids on comparable units, equipment parts and material. All parts, which are necessary in order to provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Contracting Agency and Point of Contact This BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other personnel performing official business for the City regarding this BID shall be made through the Buyer listed on page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the Bidder. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended purpose. Equipment design shall have sufficient excess capacity for durability and safety. 4. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. 5. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the bid form. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 6. Exceptions Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 12024 Aluminum Sign Blanks Page 5 of 23 More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or Tess than the stated amounts. 8. Delivery/Completion Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery/completion is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Bid. 9. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB Traffic Signs, 2301 Fruitvale Boulevard, Yakima, Washington, 98902, between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday, ready for regular and safe operation. 10. Delivery of Unapproved Substitutions Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders placed by the City reveals that an item other than those covered by and specified in the contract have been ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s) returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name from the City bid list for a period of up to three (3) years. 11. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to four (4) additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve-month period of the Contract. So that other unanticipated orders may be placed, or so that other entities may piggyback the resulting contract, prices shall remain firm for 12 months from receipt of contract award. 12. Pricing and Discount The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 14. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Bid evaluation and contract administration. 12024 Aluminum Sign Blanks Page 6 of 23 Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry -wide. The conditions under which price increases may be granted shall be expressed in Bid documents and contracts or agreements. 15. Price Increases Pricing shall be prepared with the following terms. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager. Prices shall remain firm for the first twelve-month period of the contract. Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below. No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City. B. Fixed Product Pricing: For product and supply contracts that provide on -going, multiple year supply. Original pricing shall be fixed and firm for the first year of the contract. Price requests are at the discretion of the Purchasing Manager; and must also be: a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw material delivered directly to the City such as brass, the increase must be verified at the supplier level). b. Incurred after contract commencement date. c. Not produce a higher profit margin than that on the original contract. d. Clearly identify the items impacted by the increase. e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. g. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. A Zink to the PPI Commodity Data is available at http://data.bis,gov/PDQ/outs'ide.isp?survey=wp. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. 12024 Aluminum Sign Blanks Page 7 of 23 16. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 17. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 18. Warranty Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against defects or faulty workmanship and materials by the Contractor for one (1) year following inspection and acceptance of the products by the City. Warranty shall include all costs incurred, including shipping, for repair or replacement except that which is damaged by misuse or abuse. This one-(1) year warranty shall in no way affect normal extended or manufacturer's warranty exceeding this one (1) year period. Contractor warrants that all goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, comply with all applicable safety and health standards established for such products, all goods are properly packaged, and all appropriate instructions or warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor shall replace the product at their own expense, including shipping charges. Any replacement product will be warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of the goods or services. 19. Warranty Coverage Warranty coverage will not commence until the date the completed unit is put into service as reported by the City; or thirty (30) days after final payment for the unit(s); whichever occurs first. 20. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. 21. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 22. Payments Contractor is to submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. 12024 Aluminum Sign Blanks Page 8 of 23 To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the materials, (b) properly completed invoice, and (c) all papers required to be delivered with materials. 23. Payment Method — Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 24. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 25. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 26. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered. 27. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the BID document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have registered (per instructions on website) for updates to this BID. If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid. 28. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this BID. 12024 Aluminum Sign Blanks Page 9 of 23 29. No Obligation to Contract This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this BID in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all -or -none".) 30. Retention of Rights The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 31. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 32. Other City Departments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 33. Materials Bought from Different Supplier Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought from a different supplier, the difference in the Bid price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products. Contractor shall not, however, be responsible for delays in delivery due to: • Unavoidable mechanical breakdowns • Strikes • Inability to secure component materials • Acts of God • Fire Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 34. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re -award the contract to the next most responsible bidder within 120 days from original award. 12024 Aluminum Sign Blanks Page 10 of 23 35. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non- material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. 36. Changes Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval. If approved, she will make the change by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. III. E. r 5 1. General lnstructions Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive. 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing.:. The City is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. Prohibition of Bidder Terms & Conditions A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 4. Multiple Bids Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page of their response. 5. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up 12024 Aluminum Sign Blanks Page 11 of 23 to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. IV. i' ESC C LI T 1. Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance with Section III - Preparing and Submitting a Bid. V. EV • Cover Sheet/Signature Page Bid Form • Vendor Questionnaire L TI Page 2 Pages 14-18 Pages 24-25 Bid Evaluation: The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. Offer in Effect for Ninety (90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid. 3. Protest Procedure Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal protest. The protest shall be filed with the City of Yakima's Acting Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, or by fax: 509-576-6394 or email to: maria.mayhue(Wyakimawa.gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. 12024 Aluminum Sign Blanks Page 12 of 23 Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point -by -point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. 12024 Aluminum Sign Blanks Page 13 of 23 VI. BID FORM INVITATION TO BID NO. 12024 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Quote your lowest price for the following: Item No. Size 12"X6" Wgt. 0.080 Corners Shape Holes RADIUS RECT Schedule I Sheeting NONE Hole Centers 18" X 6" 0.080 3 18" X 6" 0.080 24" X 6" 0.080 RADIUS RECT RADIUS RECT RADIUS RECT NONE 5 30" X 6" 0.080 I RADIUS RECT 6 36" X 6" 0.080 8 9 42" X 6" 0.080 48" X 6" 0.080 36"X8 12 24" X 9" 30" X 9" 36" X 9" 13 14 15 16 17 18 19 20 21 22 23 0.080 0.080 NONE NONE NONE NONE 4 NONE 4" NONE NONE } NONE Est. Qty. 50 50 50 50 50 RADIUS RECT NONE 'I NONE 1 NONE 50 RADIUS RECT NONE RADIUS RECT NONE RADIUS RECT RADIUS RECT NONE 0.080 0.080 RADIUS RECT NONE RADIUS RECT j NONE 42" X 9" 0.080 ( RADIUS RECT NONE 48" X 9" 0.080 !? RADIUS RECT NONE 24" X 10" 0.080 RADIUS RECT 18" X 12" 0.080 RADIUS RECT 24" X 12" 0.080 RADIUS RECT 12" X 36" 0.080 RADIUS RECT 36" X 12" 0.080 RADIUS RECT NONE 48" X 12" 0.125 RADIUS RECT 60"X12" 0.080 RADIUS 72" X 12" 0.080 (' RADIUS RECT NONE 12024 Aluminum Sign Blanks NONE NONE NONE NONE NONE NONE 8" NONE NONE 1 NONE NONE 1 NONE NONE NONE NONE 1 NONE NONE NONE NONE 9," NONE I 30" NONE NONE NONE NONE NONE NONE NONE NONE NONE 50 50 100 100 100 20 150 25 50 10 25 10 10 10 Page 14 of 23 Price Per Unit Total Price (without tax) Item No. 1 30" X 18" 48" X 18" Corners Shape RADIUS ( RECT RADIUS RECT RADIUS SQR RADIUS RADIUS 31 24" X 24" 0.080 RADIUS 32 24" X 24" 0.080 RADIUS SQR SQR DIAMO ND 33 24" 0.080 NONE SHIELD SHIELD 34 24" X 30" !, 0.080 RADIUS RECT 35 30" X 24" 0.080 RADIUS RECT 36 36" X 24" ( 0.080 !! RADIUS RECT 37 24" X 36" 0.080 RADIUS RECT 38 48" X 24" 39 30" CIRCLE 40 30" X 30" 41 30" X 30" 42 30" X 36" 43 36" X 30" 46 47 36" PENTAGON (DOG HOUSE) 0.080 30" STOP 0.080 SIGN 12024 Aluminum Sign Blanks RADIUS RADIUS SQR RADIUS RADIUS 'I RECT RADIUS j' RECT RADIUS RECT RADIUS RECT RADIUS NONE PENTA GON OCTAG ON Holes Sheeting NONE NONE NONE NONE NONE NONE NONE HIP RED/WHITE + GRAFF. FILM Hole Centers 12" 15" 24" 24" Est. Price Qty. Per Unit 75 50 25 20 25 10 10 150 50 30 50 100 10 100 100 50 20 20 25 25 150 Page 15 of 23 Total Price (without tax) Item No. 48 49 50 54 56 36" X 36" YIELD SIGN 36" X 36" 36" X 48" 36" CIRCLE 36" OCTAGON 24" x 48" 48" X 48" 48" X 48" 48" OCT 0.080 0.080 0.080 0.080 0.080 0.080 0.080 0.125 0.080 Corners RADIUS RADIUS RADIUS RADIUS RADIUS RADIUS RADIUS Shape SQR DIAMD CIRCLE OCT SQR DIAMD OCT Holes Sheeting NONE NONE NONE NONE NONE HIP RED/WHITE + ANTI - GRAFFITI FILM NONE NONE NONE HIP RED/WHITE + ANTI - GRAFFITI FILM Hole Centers 21" 30" 42" 30" 30" 36" 42" 48" 42" Est. Qty. 10 30 20 10 Price Per Unit Total Total Price (without tax) Tax will be charged according to destination: City 8.3% sales tax rate MANDATORY REQUIREMENT (Even if it's zero) Discount offered off list price for any other items not specifically listed: 12024 Aluminum Sign Blanks Page 16 of 23 AGREEMENT CITY OF YAKIMA Bid 12024 Aluminum Sign Blanks THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in Bid 12024 Aluminum Sign Blanks Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to four (4) additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall qo into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve-month period of the Contract. 4. Changes Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 5. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 6. Successors and Assigns Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 12024 Aluminum Sign Blanks Page 17 of 23 7. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. 9. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 10. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 11. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. 12024 Aluminum Sign Blanks Page 18 of 23 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. 12. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 13. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed 12024 Aluminum Sign Blanks Page 19 of 23 or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 14. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 15. Contract Documents This Contract, the Invitation to Bid 12024 Aluminum Sign Blanks Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 16. Termination - Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 17. Termination - Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 12024 Aluminum Sign Blanks Page 20 of 23 22. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by ovemight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered to: TO CITY: Robert Harrison, City Manager TO CONTRACTOR: City of Yakima City Hall —First Floor 129 North Second Street Yakima, WA 98901 COPY TO: City of Yakima Purchasing Christina Payer, Buyer I City Hall —First Floor 129 North Second Street Yakima, WA 98901 23. Survival The foregoing sections of this Contract, 2-22 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONTRACTOR NAME] By: Robert Harrison, City Manager Date: Date: Attest: City Clerk (Print name) 12024 Aluminum Sign Blanks Page 21 of 23 E TI • INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the Owner may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the Owner with your Bid Proposal. Failure to submit this form fully complete, my result in disqualification of Bid Proposal. Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business License No. Phone ( ) UBI No. Federal EIN No. Toll Free Phone ( FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 Name the person to contact for questions concerning this bid proposal. Name Title Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 12024 Aluminum Sign Blanks Page 22 of 23 BIDDER: VE D Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: Please explain: UE TIO Al No E 12024 Aluminum Sign Blanks Page 23 of 23 VI. BID FORM INVITATION TO BID NO. 12024 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR ,DAYS, Quote your lowest price for the following: 5 7 10' 11 12 13 15 17 12024 Aluminum Sign Blanks Page 14 of 23 30" X 18" 24" X 24" 24" X 30" 30" X 30" 30" X 36" 0.080 0.080 0.080 48" X 30" 0.080 0.080 36" PENTAGON (DOG MOUSE) 0.080 0.080 0.080 0.080 RADIUS 0.0$0 0.080 RADIUS RADIUS 0.080 RADIUS RADIUS RADIUS RADIUS RADIUS RADIUS RADIUS 5RR RADIUS RADIUS SQR DIAMO ND RADIUS SHIELD SQR PENTA GON NONE NONE NONE NONE NONE NONE NONE 3011 12024 Aluminum Sign Blanks Page 15 of 23 36"X36" YIELD SIGN 52 36" CIRCLE S6 48"X48 RADIUS DIAMD RADIUS { DIAMD litritr Ipri cc /Mg AdokfiGk CVO r. x Au_ 12024 Aluminum Sign Blanks Page 16of23