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
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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
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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
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