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HomeMy WebLinkAboutWCP Solutions - Agreement; Bid 12026 Misc. Office Paper ProductsAGREEMENT CITY OF YAKIMA 12026 Miscellaneous Office Paper Products THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and WCP Solutions, ("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 12026 Miscellaneous Office Paper Products Specifications which are attached as Exhibit A, and the most recent edition of the ASTM/ANSI and NSF 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, Orders shall be delivered FOB Destination, freight prepaid, inside delivery within one (1) business day after receipt of order. 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 and/or services 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, lhat 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 90- day period of the Contract. If Vendor wishes to revise any prices prior to the renewal of the Contract, Vendor must advise the City in writing of the requested revisions no less than sixty (60) days before the end of the current Contract term. 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. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Vendor as stated herein. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 7. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery, Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request, Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima 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 and 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 tak registration number, as required in Title 85 RCW, 12026 Miscellaneous Office Paper Products Page 2 of 6 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 USG 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 Employers Immunity under Title 51 RCA. 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. 12026 Miscellaneous Office Paper Products Page 3 of 6 d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor f s not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract, The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed 12026 Miscellaneous Office Paper Products Page 4 of 6 by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain 'the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 15. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid 12026 Misc. Office Paper Products Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute! the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 17. Termination • Convenience This Contract may be terminated by either party by givin effective thirty (30) days from the date such written notice hirty (30) days written notice of such intent and will become delivered to the applicable party to the Contract. 18. Termination • Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 19. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 12026 Miscellai eous Offi e Paper Products Pere 5 of 6 20. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue The venue for any judicial action to enforce or interpret this Contract shall he in a court of competent jurisdiction in Yakima County, Washington. 22. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on Its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 23. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered to: TO CITY: City Manager Bob Harrison City of Yakima City Hall —First Floor 129 North Second Street Yakima, WA 98901 COPY TO: City of Yakima Purchasing Susan Knotts, Buyer II City Hall —Second Floor 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: WCP Solutions Attn: Cliff Petsch, Account Manager 620 E. Bruneau Ave, Kennewick, WA. 99336 24. Survival The foregoing sections of this Contract, 2-24 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. -7 CITY OF YAKIMA Attest: CITY CONTRACT NO: RESOLUTION NO: City Clerk ,209(-01 N (A WEST COAST P By. Date: E SOLUTIONS (14 7/ 2026 Miscellaneous OffiCe PapOr Products Page 6 of 6 AGREEMENT Exhibit A 12026 Miscellaneous Office Paper Products Specification City of Yakima NOTICE TO BIDDERS BUD 12026 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via Pub|icPurchase.comm until the hour of 11:00:00 4K8 PST on Novernber16, 3020. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N. 2ndStreet, Yakima, Washington 989O1. Atsuch time, Bids will bepublicly read for: Miscellaneous Office Paper Products Due to the COV|O-19 pandernic and the Governor's order against public gatherings, our public bid openings will now be conducted via |ka stream through our City of Yakima YP4C Division. The link to view the public bid opening remotely is as follows: stveann/ Instructions to register with Pub|icPurchase.cono are available at www.YakimaWA.,Gov/Services, Purchasing. The City of Yakima reserves the right to reject any & all 8|Ds. The City hereby notifies all Bidders that it will affirmatively ensure compliance with VVAState Law Against Discrimination (RCVV chapter 49.60) & the Americans with Disabilities Act (42USC121O1etset] Dated November 2,2O20. Publish onNovember 2/&3,3O2O Susan Knotts, CPPO, CPPB Buyer || 12026 Misc. Office Paper Products Page 1 of 53 CITY OF YAKIMA INVITATION TO BID 12026 SIGNTURE SHEET THIS IS NOT AN ORDER BID Release Date: November 2, 2020 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: City of Yakima 129 N. 2nd Street Yakima, WA 98908 Buyer in charge of this procurement (Contact for further information): Susan Knotts, CPPO, CPPB Buyer II Bids Must be completely uploaded by: Public Opening El November 16, 2020 at 11:00:0o AM PST Phone E-Mail Address (509) 575-6095 Susan.Knotts0YakimaWA.Gov PROJECT DESCRIPTION SUMMARY Miscellaneous Office Paper Products Enter Prompt Payment Discount: % net days LJ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required We/I will complete delivery within business days and/or hours after receipt of order. Required minimum 48-hours ARO. In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Bid; that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the opening of Bids to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid. Company Name Company Address Name of Authorized Company Representative (Type or Print) Title Phone ( Fax Signature of Above Date Email Address 12026 Misc. Office Paper Products Page 2 of 53 1. Contents LContents ............... ~~.~,~..._...-.~....... ....... ~-..__.......... ........ ^...... ................ ~.~.3 U. GENERAL INFORMATION __ .`� .�"~.'... ~~°,_~~ 1. Purpose f;V Q. Contracting Agency and Point ofContact ............... ......... ~=^,_....... ~_5 3. Federal Funding .~._~5 4. FTARequirements and Changes .............................................. _~~~,.................. --- ........ __....... __~-5 5. New and Unused ~ ../..."~_._~~._~.�~_-.~_........ =~-=5 G. Boot Modern Practices ............... .~.~.°_~,_-~~~.,=.~__~~~~_...=__-_~.^.-........ ._5 7. EquaKApprovedEoua| '....... ~_°~_~~~~--- ............................. -......... ~_._^~-.~~^5 8. Exceptions .......................... ,.......... _... _~~_~.~...... ,--- ~-_........ .... _~~......... _,................. ....... 8 S. More cvLess ...... S 18. Published List Prices .................................................. __,__°^~^~~__~.,_~°__^°~___~_.,_-_°_........ G 11. Delivery - Minimum 48-hourdelivery .__^_____.~~~_._~_._...... 12. Delivery Acceptance `^^__._~G 13. Delivery ofUnapproved Substitutions .................................................... _^~`-�-.......... 6 14. Contract Term .......... ...... .-_............................... ~..°..~.__-__=.__.__=_.__..-_~._._~_~-___...... 7 15. Pricing and Discount 14. Price Clarifications .... _.__.~_~_.~~_._.°=..~...._°~~~~_~~~........ .~.~.... _............. .°__^^'~_^~~~_~_7 15. Price Increases ....................................... ................... -__......... _....... .,~...~~~~~,,~~_~~~~~~~~~_._^.~^^7 16Price 8 . ..---.--.-------__..__`_~_._~_Y__~^~__--~__`~^~___~--__--�__`_-._-~� 17. Minimum Order . .� .......~._._,._8 18. Expansion Clause .......................................... .......... _............ ___°_,_^-........ _^............. _~_8 19. Samples ................ °..,.~_.__,_.,~,.._....~_^........ _°~=..____,...... _.~_~~~"~.____...... .............. 8 20. VVarmanty-----,................................................... --- ~__,__�..~....... 8 21. Warranty Coverage ___... _......... _.... ........... .................................................... ..................... S 22. Permits ................................................ _~~~`~°~~,_,,,~~_~,__~^~_,.~__-,___-~~__^__~__,_~_~, ~8 23. Regulations and Codes ............... ~,^~__~^_,_ ..................._�___~_°,~Q 24. Prompt Payment -------.._............... ..�. 9 25. Payments S - 26. Payment Method - Credit Card Acceptance ............................................... .__-.=-~.~__.^_~~~_=-^.~9 27. Acceptance ofTerms �.`.�z=,r__,_`,~_^~_~..~~.... ............................. 18 28. Sales Tax ~._.~.~~~.~~~___�_~,�,°_^°"~_.__,_°...... ~^...... _r___,1O 29. Tax Revenues ". '._.-..._~....~___°_._~_._~10 30. Clarifications and/or Revisions toSpecification and Requirements ......... ......... ~...... _................. ..... 1D 31. 32. WoObligation 0oControc '��^~_~_ _~r_~___................. 1O 12026 Misc. Office Paper Products Page 3 of 53 34 PontallotAddreoaed----.. 35. Other CityDepartments/Like Items Added ............ 36. Materials Bought from Different Supplier ...... .__.-_~_.......... ... __w_`__,_.......... .......... -__~,_.�� 37. Re -Award -^~-,,.~`___"_~=~~~=.~_~ .=________~~1� 38. Errors and Omieoionm*_',_.-_+...... -.-~~^-_.~^°.......... ~-~.r.~--.......... ...... ~~~~_^~~--~~.�� 39. Changes .................. ..°-_~.°-_~°~_~............ _^... -_~-~~_-.__.._~.~~_~-_~~~^~~_^~~~~°.._*........... ]`� Ui PREPARING AND SUBMITTING BID ... _~,~~...... -.............. ..... _~..,._._~........ ._..,.~~,^,~........... 11 1. General Instructions �_____�_�__~=_���.11 3. PnohibdionofBidderTermo&Cnnditiona---' .12 zi Multiple Bids 12 p! BIDDERS CHECKLIST 12 V° EVALUATION AND CONTRACT AWARD .r,,......... ."_.°~=_~__~...... ~_~~_.~...... "~.......................... 12 |.. Bid Evaluation _°~~~_~-_~_,~,,~,_._,~_~.~....... ,,~_........... ..°_._.~.~,~_..-_____.12 2. Offer inEffect for Ninety (9&0)Days ..... .12 N. Ni VUi , |X. BIDDER QUESTIONNAIRE .~=_.,_~_~~~°_~_~°_~~^_�__~~~_~~~~...~~..~2g X. Federal Funding -2CFR2O8 « 31 Xi Fedmne|Funding-FedenalTnanoit Administration.__ 89 12026 Misc. Office Paper Products Page 4 of 53 INVITATION TO BID # 12026 Miscellaneous Office Paper Products II. E E" LI F TI 1. Purpose It is the intent and purpose of these specifications to describe Miscellaneous Office Paper Products 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. 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. Federal Funding On the basis of the federal funding that may part of the funding for the goods and services provided by the Contractor under the Agreement, and to assure compliance with all federal regulations associated with services compensated with federal funds, in addition to the terms of the primary Agreement, upon notification and instruction by the ordering department, the Contractor must also comply with the specific provisions of Common Rule, the Office of Management and Budget (OMB) Circular A-102, which is fully incorporated herein. If there is any conflict between the terms expressed in the primary Agreement and those set forth in Circular A- 102, the terms and conditions of Circular A-102 shall prevail. See http//www.WhitehouseGov/omb/circulars a102t#main-content FTA Requirements and Changes The Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives. The Contractor's failure to so comply shall constitute a material breach of this Agreement. 5. 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. 6. 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. 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 12026 Misc. Office Paper Products Page 5 of 53 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. 8. 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. 9. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. 10. Published List Prices A copy of your published list prices shall be included in the Bid package along with the Bid Form, Section VII. Each Bidder shall bid a percentage discount based on this published list in the space provided on the Bid Form. It is understood that the discount quoted on this Bid shall be based on the attached published list price for items not specifically called out and these shall be the prices paid during the life of the contract. 11. Delivery — Minimum 48-hour delivery Each bidder is required to list on the Bid form the number of business days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. All orders must be delivered within 48-hour of receipt of order. Time of delivery is important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days or hours may be sufficient grounds for rejection of Bid. If item(s) are on backorder, backorders should be delivered as soon as possible, but should not require more than a week to deliver. For items backordered more than one week, the requestor should be informed of the excessive delay, and be given the opportunity to cancel. 12. Delivery Acceptance Delivery will be accepted by the City of Yakima FOB, Inside Delivery; City Hall Print Shop, 129 N. 2"d Street, Yakima, or any other City owned facility location in Yakima, between the hours of 8:00 a.m. and 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Friday, or as requested by the ordering Department, ready for regular and safe operation. 13. Delivery of Unapproved Substitutions No additions, substitution, or deletions are permitted without prior approval form the City. 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. 12026 Misc. Office Paper Products Page 6 of 53 14. Contract Term See Section 3 of Contract The period of this contract shall be for a period of one year from its effective date. Contract may be extended on the anniversary date for one (1) additional one (1) year periods, not to exceed five (5) years total. 15. Pricing and Discount The City qualifies for governmental discounts. Unit prices shall reflect these discounts. The original pricing shall, be fixed and firm for the first 90-day period of the contract. 14. Price Clarifications The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Bid evaluation and contract administration. Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the 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 90-day-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. No discount adjustments will be allowed. B. Published List Pricing: A copy of your published list prices shall be included in the Bid package. Each Bidder shall bid a percentage discount based on this published list in the space provided on the Bid Form, Section VII. It is understood that the discount quoted on the Bid form for items not specifically called out in this Bid shall be based on the attached published list price and these shall be the prices paid during the life of the contract. No discount adjustments will be allowed. C. 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 90-day period of the Contract. Any price increase requests must be in writing and approved by the City's Purchasing Buyer. Vendors shall be allowed to adjust prices, provided proof of manufacturer's price increase can be furnished to the City 12026 Misc. Office Paper Products Page 7 of 53 Purchasing Division and increase is supported by either a relevant Paper Index for paper goods or a relevant PPI (Producers Price Index) for Paper Products published by the Bureau of labor Statistics, and any other relevant information. Any price increase requests must be in writing and approved by the City's Purchasing Buyer. Price increase requests will be considered on a quarterly basis only. Any 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 Buyer a minimum of thirty (30) calendar days before the effective date of proposed increase. f. Be accompanied by detailed documentation acceptable to the Purchasing Buyer 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.bls.gov/PDQ/outside.isp?survey-wp. The adjustment (if any) shall remain firm and fixed for at least 90-days after the effective date of the adjustment. 16. Price Decreases During the contract period and any renewals thereof, any price declines at manufacturer's level shall be reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the bidder. 17. Fvi,tuIIIIUfn Order In order to cut down on fuel costs and emissions, the City will consider a minimum order amount. The minimum order amount shall be no greater than $35 per order. This amount will not ;apply to items on backordered. Surcharges for fuel, hazardous material disposal, environmental fees or similar will not be allowed. 18. 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. Any new supplies and services accepted by the City may be added to this contract and/or substituted for discontinued items and services. New items shall meet or exceed all proposal specifications of original award. New items will only be accepted if provided at the same pricing or Tess than the original item. 19. Samples Vendor shall supply sample books and individual samples of items, when requested, furnished free of expense to the City, and if not destroyed by tests will, upon request, be returned at the bidder's expense. 20. 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 12026 Misc. Office Paper Products Page 8 of 53 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 Contractor 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. 21. Warranty Coverage Warranty coverage will not commence until the date the item is put into service as reported by the City; or thirty (30) days after final payment for the item(s); whichever occurs first. 22. Permits All necessary permits required to perform services are to be supplied by the Contractor at no addition cost to the City. 23. 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. 24. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount 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 25. Payments Contractor is to submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, bid number, description of item purchased, unit and total price, discount terms and include the Contractor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the product, (b) properly completed invoice, and (c) all papers required to be delivered with product. 26. 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. 12026 Misc. Office Paper Products Page 9 of 53 27. 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. 28. 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. 29. 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, in determining which Bid is the lowest bid, after the tax revenue has been considered. 30. 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, the Public Purchase website 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. 31. 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. 32. 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".) 33. 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 the City shall be the exclusive property of the City and may be used by the City at its option. 34. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance services and their products. 12026 Misc. Office Paper Products Page 10 of 53 35. 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. 36. Materials Bought from Different Supplier Should the Contractor be unable to or refuse to supply product or services, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to order service(s) or product(s) from a different supplier, the difference in the Bid price of the products/services 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. 37. 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. 38. 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. 39. 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. P`EP� `; S General Instructions 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 submitted and completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 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 r +w.PublicPurchase.com or the City of Yakima website at v ww.YakimaWA.Gov/Services/Purchasing. 12026 Misc. Office Paper Products Page 11 of 53 Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. 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. 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. Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. 3. Prohibition of Bidder Terms & Conditions A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid. If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a nonresponsive counteroffer, and the Bid may be rejected. 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. Withdrawal of Bids Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until contract award. IV. E ` S C EC LIST 1 Qirl,`r .,rat �r+ave..al..+.. and. load -..+ of til csir Bid ..L......I++-.1 II .J fors...... list...) L...I..... ' rl........ m a+.aa .vra .:N.a..ac uI. upload, uu Nura of LIIc.I visa Ja1NI...aaUl, ail required forms IIJLCU IJCIVYv ei. accordance with Section III - Preparing and Submitting a Bid. Signature Sheet Page Page 2 • Service Specification Analysis Form Pages 14-17 • Bid Form Pages 18-22 • Bidder Questionnaire Pages 29-30 V. V L TI T ` #,CT 1. Bid Evaluation All Bids shall be evaluated against the same standards. Evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer in Effect for Ninety (90) Days A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid. 12026 Misc. Office Paper Products Page 12 of 53 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. Mayhuet?YakimaWA.Gov. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the Bid shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the Bidder: Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the Purchasing Manager shall issue a written decision. Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be appealed to the Department Head by the Purchasing Manager. Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest may be appealed to the Executive. The Executive shall make a final determination in writing to the Protester. Award Announcement Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the bidder received the information, but rather when the announcement is issued by Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: • The supplies or services to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • A prompt award will otherwise be advantageous to the City. If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the City 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 City 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 City. 12026 Misc. Office Paper Products Page 13 of 53 VI. SERVICE SPECIFICATIONS Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". The Bidder must complete the following Service Specification Section using one of the following responses for each of the specifications. Y — Yes The Bidder's proposed services and products satisfies the entire requirement and the proposed services will completely support the requirement. N — No The Bidder's services and product does not currently satisfy the entire requirement, and the Bidder's service and delivered product will not satisfy the requirement. E — Explanation The Bidder's services and products partially satisfies the requirement and an explanation is included in the response. MR — Modification Required The Bidder's services and product does not currently satisfy the requirement, but the Bidder commits that the services and delivered base products will satisfy the requirements at no additional cost and shall be supported in future releases of the Bidder's base products. The following Services Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Services Specification Analysis shall be returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL. Services Specifications Analysis Form -12026 Misc. Office Paper Products item Specification QUALITY Unless otherwise specified herein, all Mill Brand packaged fine papers offered must be mill cut (splitting or sheeting of paper by wholesalers is not allowed). Cut sizes shall be ream sealed and labeled; reams must be carton packed and labeled. Only papers listed in the 2014/2015 Competitive Grade Finder - North American Edition (Fiftieth Edition - Publication Date December 1, 2014) or as otherwise accepted by Grade Finders, Inc. for publication in subsequent editions will be considered acceptable for pricing offers. For products not listed in the current Competitive Grade Finder, a copy of Grade Finders' letter of acceptability must be included with bid submittal. Individual shipping cartons must be labeled, where applicable, with the date of manufacture, batch number, storage requirements, conditions, and recommended shelf life. Yes No 1 Comments 12026 Misc. Office Paper Products Page 14 of 53 SERVICE Sales Representative Consultations: Vendor shall consult Departments/Divisions on products and orders when requested by Department/Division. Vendor Availability: Vendor shall be accessible daily (Monday through Friday) 8:00 am to 5:00 pm by telephone for placing r orders, giving price quotes or other related information that may be requested. Vendor shall be thoroughly knowledgeable of paper products available and be able to recommend varying types of supplies. Technical Information: Vendor shall be willing to assist City department personnel with technical information. Samples: Vendor shall supply one set of paper sample books and/or individual samples upon request. ra-1 lne +r'der.Ing: Vendors shall have an on-line ordering system. If online ordering is available, the Purchasing Division will encourage but not require Departments/Divisions to utilize_, the _online ordering service inorder to save on processing costs. ORDERING r : must be a network application`. through the Internet which allows multi-user, concurrent access. Prior to award, latest release of software must be availableto the City for test and evaluation. 11 Purchase Order: Vendor shall require employee name, department/division, telephone number, ship -to address, bill- 0 to address and Purchase Order number when placing orders. 12 Minimum Order: The minimum order amount shall be no greater than $35 per order. 13 Unit of Issue: provided by the Vendor shall be by the each or by the case, as requested by the ordering Department/Division. Ordering a full case shall not be required unless the item is a specialty item. Credit Card: If you accept payments by Visa, City Procurement card (P-Card), check"Yes". DELIVERY 15, Delivery Time; Products shall in all instances, except where a backorder is noted, be delivered within 48 hours of order placement. Backorders should be delivered as soon as possible, but should not require more than a week to deliver. E For items backordered more than one week, the requestor should be informed of the excessive delay, and be given the opportunity to cancel. 12026 Misc. Office Paper Products Page 15 of 53 a �a4it Backorders: should be delivered as soon as possible, should not require more than a week to deliver. For items backordered more than one week, the requester should be informed of the excessive delay, and be given the opportunity to cancel. 17 Delivery: All deliveries shall b.e FOB Destination, freight prepaid and allowed, with inside delivery to the ordering division or department's physical location and as scheduled or upon request. 18 City Hail Deliveries: Prices are to be per bid specifications, FOB City Hall. Inside delivery requirements for City Hall print shop include; de -palletizing, delivering via hand truck tothe basement utilizing the freight elevator and in such a fashion as not to obstruct access into the room. There is no loading dock available. 19 Packing Slip: Vendor shall provide, at time of delivery, a packing slip that includes Purchase Order Number, description, quantity, list price, City's price, and information regarding partial or back orders. RETURNS AND/OR REPLACEMENTS Returns: Paper can be returned if City personnel are nt satisfied with, product. 21 Restocking Fee: No restocking charges will be incurred if it is ❑ necessary to return paper. 22 Replacements: shall be given for defective items and/or easy credit returns made within a two-day period unless otherwise agreed upon. INVOICING 23 Statements: Vendor shall accurately invoice, per the prices in the contract, and issue a statement monthly to each division that has ordering activity within that month. Billing will be available more frequently; daily, weekly or twice - a -month, upon departments request. 24 Invoice: Vendor shall indicate department and name of employee that ordered each item on invoice and/or credit memorandum. Each department willhave their own sub account. 25 Centralized Billing: The City statements and monthly billings for invoices shall be sent to the Finance Department by the ❑ first part of the last week of each month. 26 Credit Invoice: shall be clearly identified notating dollar amount credited or N/C (No Charge) indicated for any returns necessary. 27 Credit Memos: shall be issued within a two-day period after ❑ receipt of returns. 12026 Misc. Office Paper Products Page 16 of 53 p/OtRa .*&%5-734PUnk:: .7,,,M.V.WWWWWW.% , DISCOUNTS 14 List itemSt, Vendor then supply One; 4ther:10:,P4Per forldigitet form, and Bit a -percentage off of :ail ,MiscelieneoUs Itre ,,S:net,on-bict but avaUable through ,company, your 29 Usage Report: A consolidated semi-annual or annual usage report should be available upon request and/or available to key City personnel. 30 Billing Reports,: shouId at a minimum, consist of a summery statement sorted by department, ,and a detailed back -Up of the summary indicating description of Items ordered del' dates, Personnel who placed the „Order p,rices, item numbers etc WM. ,VVOMMIMWAR,,, . IVAWMATA01.Mmt`A 12026 Misc. Office Paper Products Page 17 of 53 VII.BID FORM INVITATION TO BID NO. 12026 TO BIDDER: PLEASE BID 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. BID your lowest price for the following: Bid Form Bidders are encouraged to submit alternate bid proposals for recycled content products and products with SFI and/or' FSC certification or equivalent third party certification. Please provide a copy of your environmental policy with your Bid Proposal. Preferred products will perform well and have positive environmental attributes such as biodegradability, low toxicity, low volatile organic compound content, reduced/recycled packaging, and low life cycle energy. Minimum Specifications: If bidding an alternate brand, Bidder is to specify brand(s) of product bid next to each item on the Price Sheet. All prices are to be quoted FREIGHT AND DELIVERY INCLUDED. Delivery shall be FOB Destination, inside delivery, within 48-Hour of receipt of order. Line items listed in Schedules are annual estimates and provided for comparison purposes only. Quantities actually ordered may be more or less. This list is not comprehensive and does not include all items utilized by the City. Pricing for items not listed shall be determined at list less percent discount as proposed and listed on page 22. The City of Yakima spent approximately $26,000 in 2019 on office paper products. Item No. Product No. SCHEDULE 1 Office Paper Products 8.5 x 11 20# HP Copy& Print 92 Bright Acid Free 200060C 5000SHT 10RM/CS BARW 1120 SCW1120 NOW 1120 8.5 x 11 20# White Aspen 30% Recycled 10RM/CTN 054901 8.5 x 11 20# White Supreme Copy 10RM/CTN 8.5 x 11 20# White Orca Copy GL 10RM/CTN Qty 50 40 Unit Of Measure RM RM RM RM Price Per Unit $ $ Total Price (without tax) $ 7 DHXRW1120 DAW1120 DAW 1420 DAW 1720 AMZ8511 GR 8.5 x 11 20# Husky 30% Recycled Copy 1 ORM/CTN 3160 8.5 x 11 20# White Double A Copy 10 RM/CTN 8.5 x 14 20# White Double A Copy 10 RM/CTN 11 x 17 20# White Double A Copy 5 RM/CTN 8.5 x 11 Blue Printer Paper, 50% Recycled 500SHT/RM AMZ8511 BL1 R 60 1,690 80 40 2 RM RM RM RM $ $ $ $ $ $ $ $ $ 10. 11. 103366R 103382C 8.5 x 11 20# Hammermill Green Printer Paper 500SHT/RM 8.5 x 11 20# Hammermill Pink Printer Paper Acid Free 500SHT/RM 103382R 2 4 RM RM $ $ $ $ 12026 Misc. Office Paper Products Page 18 of 53 Item No. Product No. Description 2Qty Unit Of Measure Price Per Unit Total Price (without tax) 12. SCHEDULE 1 - Office Paper Products - Continued 8.5 x 11 20# Hammermill Canary Printer Paper Acid 103341R Free 500SHT/RM 13. 55026 8.5 x 11 Tan Earthchoice Multii-Purpose Paper, 500SHT/PKG 2 3 RM PKG $ $ 14. 15. DCDSW1760HPC DCDCSW1180HP 11 x 17 60# White Cougar Opaque Smooth 5 RMS/CTN #2836 8.5 x 11 80# White Cougar Opaque SM CVR GL 250/PKG #2986 (30% Post Consumer Waste) 10 64 16. 17. 18. 19, 20. 21. 22. 23. MEDDSW1860HP MNY2006 WCO200 WC0300 DECBL1120 DECBL1420 DECTA1120 DECPI1120 12 X 18 60# WH Everyday Digital Smooth Text 3RM/CTN #51201 8.5 x 11 60# Metro Mat Prem NY2006 1500SHT/CTN 8.5 x 11 60# Matte Litho Perm 2000SHT/CTN WCO200 8.5 x 11 60# Semi Gloss PERM 2000SHT/CTN WC0300 8.5 X 11 20# Blue Domtar Colors GL 10 RM/CTN #81199 (30% Post Consumer Waste) 8.5 x 14 20# Blue Domtar Colors GL 10/CTN #81091 8.5 x 11 20# Tan Domtar Colors GL 10/CTN #81202 8.5 x 11 20# Pink Domtar Colors GL 10/CTN #81198 (30% Post Consumer Waste) 8 1,500 2,000 500 28 5 5 5 RM PKG RM SHT SHT SHT RM RM RM RM r 24. DECCA1120 25. DECIBW17110 26. WAU40411 8.5 x 11 20# Canary Domtar Colors GL 10/CTN 81196 (30% Post Consumer Waste) 11 x 17 110# BRT WHT Domtar Index 250/PKG 4PKG/CTN #81208 8.5 x 11 110# White 94 Bright Neenah Exact Index 250SHT/ 9 x 11 110# White Index 5 Bank Copier Tabs Straight 27. wc-rwsi o 1000/CTN 8.5 x 11 65# Re -Entry Red 3-Up Door Hanger 212 28. NSIPKG 250/PKG V4559 8.5 x 11 24# Bright White Via Smooth 25% Cotton 29. MVSM25BW1124 #6010002 (30% post consumer waste) 11 x 17 60# Cosmic Orange Astrobrights 5 RM/CTN 3(:). NABC01760 #22653 8.5 x 11 60# Pulsar Pink Astrobrights 10RM/CTN 31. NABPSP1160 21031 32. 33. 34. 11 x 17 60# Lunar Blue Astrobrights 5RM/CTN NABLB1760 #22523 (30% Post Consumer Waste) 11 x 17 60# Rocket Red AstroBright 5RM/CTN NABROR1760 22643 8.5 x 11 60# Terra Green Astrobrights lORM/CTN NABTG1160 22581 5 12 2 3,000 4 20 7 5 7 7 3 RM PKG RM SHT PKG RM RM RM RM RM RM $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 12026 Misc. Office Paper Products Page 19 of 53 Item No. Product No. Description SCHEDULE 1- Office Paper Products - Continued 11 x 17 60# Terra Green AstroBright 5RM/CTN 35, NABTG1760 22583 8.5 x 11 60# Blue Astro Parche 8RM/CTN 27141 36, NAPBL1160 (30% Post Consumer Waste) 8,5 x 11 60# Natural Astro Parche 8RM/CTN 27121 37, NAPNA1160 (30% Post Consumer Waste) Qty Unit Of Measure 7 RM RM RM Price Per Unit Total Price without tax) 8.5 x 11 65# Natural Astro Parche CVR 250/PKG 38. NAPNA1165 8PKG/CTN 27421 (30% Post Consumer Waste) 23 x 35 65# 201 N Natural Astro Parche CVR 39, NAPNA201 500/CTN 27422 (30% Post Consumer Waste) 25 PKG SHT 8.5 x 11 20# White Neenah Bond Cockle Finish 1 NBCW1120 1ORM/CTN 02700 RM NPBDGW17100H 11 x 17 100# 39M White Blazer Digital Gloss 41. PC 1500/CTN 279652 •1 SHT NPBDGCW17100 17 x 11 100# 72M White Blazer Digital Gloss CVR GS 42. HPC 500/CS 279660 8.5 x 11 24# Avalance White Classic Linen 43. NCLAW1124 10/RM/CTN 05173 2,000 SHT 1 RM 8.5 x 11 80# Avalance White Classic Linen 250/PK $ 44. NCLCAW1180 8PK/CTN 05447 1 PKG $ 8.5 x 11 20# White Print Right GL 10 RM/CTN 45. Q PRW1120 70867 1,770 RM 8.5 x 11 20# White U.S. Office GL 10 RM/CTN 46. USW1420 1612/3084 80 RM U. VV I IGO 8.5 x 11 20# White U.S. Office GL 10 RM/CTN 1610/JV/O 230 R;v1 PUOW1720 11 x 17 20# White U.S. Office GL 5 RM/CTN 48. USW1720 #1613/3085 20 RM 9 x 11 White Xerox 5100/4135/DC40 5BNK ST PER 49. X3R4417 Collated #3R4417 5,000 SHT 8.5 x 11 24# Vitality MP Perfed HORZ PRF 3.5" FRM 50. X3R20152 Bottom 3R20152 20 RM 8.5 x 11 67# 3UP Canary VB Door Hanger w/Perf 51. NSPPKG Item 212 V#4559 8 PKG 8.5 x 11 Vaudeville Orange Fluorescent MP2000 52. MSL2237 Perm #SL2237 200 SHT 8.5 x 11 80# Cover, Accent Opague White Heavy 53, 121947R Cardstock with Super Smooth Finish 250SHT/1 RM 1 RM 8.5 x 11 80# Cover Hamilco White Blank Cardstock 54. 4336870835 50/PK 9174 Subtotal Schedule 1 SCHEDULE 2 - NCR28 8.5 x 11 2-Part REV/STR NCR Superior GL 55. ANCR211 10RM/CTN #5887/5888 40 8.5 x 11 3-Part Reverse NCR Superior GL 1 ORM/CTN 56. ANCR311 #5900/5901 20 12026 Misc. Office Paper Products Page 20 of 53 Item No. Product No. 57, ANCR411 58. ANCR511 ANCRCBW11 ANCRCFW11105 ANCRPAG ANCRSP2911 ANCR311 Description Qty Unit Of Measure Price Per Unit Total Price (without tax) SCHEDULE 2— NCR28 - Continued 8.5 x 11 4-PART REVERSE NCR Superior GL 10RM/CTN #5915/5916 8.5 x 11 5-PART REVERSE NCR Superior GL 10RM/CTN #5930 8.5 x 11 20# CB WHITE NCR Superior GL 10RM/CTN #5805 8.5 x 11 105# CF WHITE TAG NCR PREM GL 8PK/CT 250/PK #2180 NCR Fanapart Padding Adhesive Gallon 4GAL/CS 2115 9 x 11 2-PART REV/STR NCR Superior PERF 10RM/CTN #5789 8.5 x 14 2-PART REV/STR NCR Superior GL 10RM/CTN #5889/5890 64. 65. 66. 67. 68. 69. 70. US1OPWSD US1ORWSD US6BW24 US9BW24 US9CW24 US9RWHD USA6WH 10 10 10 10 3 14 4 RM RM RM PKG GAL RM RM Subtotal Schedule 2 $ $ $ $ $ SCHEDULE 3 - Envelopes #10 24# WHT US Office WIN Office EPS 500/BX 080 #10 24# WHT US Office Reg. Soft Box Diag. Seam EPS 500/BX 044-A 6 X 9 24# WHT US Office Booklet 500/CTN Bulk Side Seam 098EA 9 x 12 24# WHT US Office Booklet 500 Bulk 90EA 9 x 12 24# WHT US Office Catalog 500 Bulk 66EA #9 24# WHT US Office Reg. Hard Box Diag. Seam EPS 500/BX 036 A-6 24# WHT US Office Announce Hard Box 250/BX- 1M/CTN 2,500 10,000 500 1,500 2,500 1,000 2,500 EA EA EA EA EA EA EA Subtotal Schedule 3 $ $ $ $ $ $ SCHEDULE 4— Printed Envelopes Please specify if price reflects combo runs. Printing multiple department envelopes both window and regular with the same color will be priced at a higher volume rather than individual runs. Please provide quantity discounts or ranges for price run lengths of .5M, 1M, 2.5M, 5M, 10M. Submit information as a separate attachment. 71. #9 Regular One Color, US Office Soft Box 500/BX 10,000 BX 72. #10 Window Two Color, US Office Soft Box 500/BX 30,000 BX 73. #10 Window One Color, US Office Soft Box 500/BX 10,000 BX #10 Regular One Color, US Office Soft Box 500/BX 10,000 BX #10 Regular Two Color, US Office Soft Box 500/BX 30,000 BX Subtotal Schedule 4 $ $ $ $ 12026 Misc. Office Paper Products Page 21 of 53 Item No. 76. 77, 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. Product No. NSPE NSPRL RM40024 HPCWQT PKC2680 ETBACSTOP3AGAL RTD1049 US100964275 DV4599516 APP100 SWOO7TT2 FLATMASK Description Qty SCHEDULE 5— Miscellaneous and Supplies 18" x 30024# Coated Ink Jet Bond 2RLS/CS 745180 #V3738 42" x 300' Coated Ink Jet Bond Roll 745420 V3738 RM400 24 x 24 75GA Printer Stretch Film 500SHT/RL 00164 White Cold Padding Compound Quarts 16QTS/CTN 26 x 38 80# .024 KnifeSaver Chipboard Apprx. 81SHT/50# BDL (99% Post Comsumer Waste) BAC Stop 3A Hand Sanitizer Antiseptic 4GAL/CS Unit Of Measure 10 EA 10 RL 2 RL 2 QT 1 BDL 706-GM100 200 Anomizing Hand Sanitizer Mist Pump for 1GAL D1049-PUMP USC RTU Disinfectant Cleaner 6/320Z/CS 100964275 50 GAL EA 9 CS Price Per Unit $ $ $ $ $ Total Price (without tax) $ $ $ $ $ $ $ $ Oxivir TB Disinfectant Wipes 4599516 120 EA F100/PT100 Floral Soft WHT 2PLY Facial Tissue 1 CS 007TT2 Standard Roll 2PLY Bath Tissue 4.4 x 3.5 80RU550SH/CS 16 Earloop Face Mask Latex & Fiber Glass Free 50BX/40/CS FM001 CS 20 BX Subtotal Schedule 5 DeilveryiShipping $ $ $ $ $ $ $ $ ihiCLUDED WA STATE SALES TAX Destination Based @8.3% TOTAL Does Vendor Require a Minimum Order Amount (Not to be greater than $35.00) MANDITORY — Failure to complete this section may be cause for rejection of Bid. Percentage discount off list book price for all miscellaneous office paper items not specifically called out, but proposed to be made available under this contract. You may bid a minimum discount or a range (min/max). 0% discount bids will not be considered responsive as will bids where this section is left blank. THIS LINE ITEM MUST BE FILLED IN. 12026 Misc. Office Paper Products Page 22 of 53 VI I I. SA PLE C CT AGREEMENT CITY OF YAKIMA 12026 Miscellaneous Office Paper Products 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 12026 Miscellaneous Office Paper Products Specifications which are attached as Exhibit A, and the most recent edition of the ASTM/ANSI and NSF 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. Orders shall be delivered FOB Destination, freight prepaid, inside delivery within business days after receipt of order. 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 and/or services provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be fumished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to four (4) additional years provided, however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall CIO into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first 90-day period of the Contract. If Vendor wishes to revise any prices prior to the renewal of the Contract, Vendor must advise the City in writing of the requested revisions no less than sixty (60) days before the end of the current Contract term. 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. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Vendor as stated herein. 12026 Misc. Office Paper Products Page 23 of 53 The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 7. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 8. Inspection and Production of Records The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima 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 bi uwii any and ail Udta, ducuriierus, Marls, uupyriyms, specinuauuhs, working papers, and any other materiais 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 and 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). 12026 Misc. Office Paper Products Page 24 of 53 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 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. 12026 Misc. Office Paper Products Page 25 of 53 e. The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A- VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A- VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. 12026 Misc. Office Paper Products Page 26 of 53 Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 15. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other tens, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid 12026 Misc. Office Paper Products Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 17. Termination - Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 18. Termination - Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 19. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 20. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 22. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 12026 Misc. Office Paper Products Page 27 of 53 23. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by ovemight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered to: TO CITY: City Manager Bob Harrison City of Yakima City Hall —First Floor 129 North Second Street Yakima, WA 98901 COPY TO: City of Yakima Purchasing Susan Knotts, Buyer II City Hall —Second Floor 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: 24. Survival The foregoing sections of this Contract, 2-24 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 City Manager Date: [ENTER CONTRACTOR NAME] By: Date: Attest: (Print name) City Clerk 12026 Misc. Office Paper Products Page 28 of 53 IX. • • • ESTI E Page 1 of 2 INSTRUCTIONS: Provide the requested information. If the City requires further description, the City may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the City with your Bid Proposal. Failure to submit this form fully complete, my result in disqualification of Bid. Bidder's Legal Name: Company's dba: (if applicable) CEO/President Name: Business License No. Phone BIDDER INFORMATION UBI No. Federal EIN No, Toll Free Phone ( FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 Name the person to contact for questions concerning this proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address Mailing Address City State Zip + 4 Physical Address City State Zip + 4 12026 Misc. Office Paper Products Page 29 of 53 Page 2 of 2 BIDDER: BIDDER QUESTIONNAIRE EXPERIENCE Contractor must have at least five (5) years experience as a contractor in this field of work and have satisfactorily completed three (3) projects of this nature and size in the last five (5) years: 1. Location and for whom performed: Phone: Contact Person: 2. Location and for whom performed: Phone: 3. Location and for whom performed: Contact Person: Phone: Contact Person: OWNERSHIP Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Please explain: Yes: No: 12026 Misc. Office Paper Products Page 30 of 53 X. Fe ',eral Fun * in 2 CF2 When spending Federal Funding, the City complies with and has a separate policy for "Uniform Administrative Requirement, Cost Principals, and Audit Requirements for Federal Awards", published in Title 2 of the Code of Federal Regulations, (2 CFR 200), specifically 2 CFR 200.318 through 200.326. ALL GRANTS ARE DIFFERENT, so one size does not fit all. Some grants simply require you to use your own procurement rules, while others require you to insert their contracting clauses into your contract. 2 CFR 200 Procurement Standards for when utilizing Federal Funds (Adapted to comply with 200.318 through 200.326) 200.318 General procurement standards. 200.319 Competition. 200.320 Methods of procurement to be followed. 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. 200.322 Procurement of recovered materials. 200.323 Contract cost and price. 200.324 Federal awarding agency or pass -through entity review. 200.325 Bonding requirements. 200.326 Contract provisions. 1. General procurement standards. (Adapted from §200.318) A. Conform to Federal Law: The City uses its own documented procurement procedures which reflect applicable State, local, laws and regulations, providing for procurements that conform to applicable Federal law and the standards identified in these Procurement Standards. B. Oversight: City Attorney shall maintain oversight when procuring Equipment, Materials, Services and Limited Public Works, to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. C. Conflict of Interest: City maintains written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts in the City. In addition, no employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the City may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. D. Organizational Conflicts of Interest: If the City has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the City maintains written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the City entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 12026 Misc. Office Paper Products Page 31 of 53 E. Most Economical Approach: The City must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. F. Intergovernmental Procurements: To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the City is encouraged to enter into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods and services. G. Federal Surplus: The City is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. H. Value Engineering: The City is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. I. Responsible Contractor: The City must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also § 200.213 Suspension and debarment. J. Records: The City must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. K. Time and Materials Contracts: The City entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a City is the sum of: i. The actual cost of materials; and Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. L. Ceiling Price: Since this formula generates an open-ended contract price, a time -and -materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the City awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. M. Issues: The City alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the City unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015] 2. Competition. (Adapted from § 200.319) A. Full and Open Competition: All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of 12026 Misc. Office Paper Products Page 32 of 53 work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: B. unreasonable Requirements: Placing unreasonable requirements on firms in order for them to qualify to do business; C. Unnecessary Experience and Bonding: Requiring unnecessary experience and excessive bonding; D. Noncompetitive Pricing: Noncompetitive pricing practices between firms or between affiliated companies; E. Noncompetitive Contracts: Noncompetitive contracts to consultants that are on retainer contracts; F. Organizational conflicts of interest: G. Brand Name: Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and H. Arbitrary Actions: Any arbitrary action in the procurement process. Geographical Preferences: The City will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. J. The City ensures that all solicitations: Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a `brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. iii. The City ensures that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the City must not preclude potential bidders from qualifying during the solicitation period. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] 3. Methods of procurement to be followed. (Adapted from § 200.320 ) The City must use one of the following methods of procurement. A. Procurement by micro -purchases. Procurement by micro -purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (§ 200.67 Micro -purchase). To the extent practicable, the City must distribute micro -purchases equitably among qualified suppliers. Micro -purchases may be awarded without soliciting competitive quotations if the City considers the price to be reasonable. 12026 Misc. Office Paper Products Page 33 of 53 B. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. C. Procurement by sealed bids (formal advertising).; Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (J)(i) of this section apply. i. In order for sealed bidding to be feasible, the following conditions should be present: 1) A complete, adequate, and realistic specification or purchase description is available; 2) Two or more responsible bidders are willing and able to compete effectively for the business; and 3) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. 4) If sealed bids are used, the following requirements apply: a) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids (11 days for the City in 2 issues and 13 days for the County in 2 issues). The invitation for bids must be publicly advertised; b) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; c) All bids will be opened at the time and place prescribed in the invitation for bids, and opened publicly; d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and lift rvrlc nne+c rnncirlororl in rhotermininn which kid is L,,,.mst Payment discounts •.ill only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and e) Any or all bids may be rejected if there is a sound documented reason. D. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost -reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; ii. Proposals must be solicited from an adequate number of qualified sources; The City must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and The City may use competitive proposal procedures for qualifications -based procurement of architectural/engineering (NE) professional services whereby competitors' qualifications are evaluated 12026 Misc. Office Paper Products Page 34 of 53 and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though NE firms are a potential source to perform the proposed effort. vi. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: 1)The item is available only from a single source; 2)The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; 3)The Federal awarding agency or pass -through entity expressly authorizes noncompetitive proposals in response to a written request from the City; or 4)After solicitation of a number of sources, competition is determined inadequate. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015] 4. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (Adapted from § 200.321) A. The City must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. B. Affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists (forward requests to Purchasing); u: Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. Log onto WWW.MDT.MT.GOV and search their database for any potential vendors. Click on "Doing Business"; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, and Office of Minority & Women's Business Enterprises; and vi, Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (ii) of this section. 5. Procurement of recovered materials. (Adapted from § 200.322 ) The City must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste 12026 Misc. Office Paper Products Page 35 of 53 management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] 6. Contract cost and price. (Adapted from § 200.323) A. The City must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the City must make independent estimates before receiving bids or proposals. B. The City must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. C. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City. The City may reference its own cost principles that comply with the Federal cost principles. D. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. 7. Federal awarding agency or pass -through entity review. (Adapted from § 200.324) A. The City must make available, upon request of the Federal awarding agency or pass -through entity, technical specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the City desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass -through entity may still review the specificatinns_ with such review usually limiter] to the technical aspects of the proposed purchase. B. The City must make available upon request, for the Federal awarding agency or pass -through entity pre - procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: The City's procurement procedures or operation fails to comply with the procurement standards in this part; The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; iii. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. C. The City is exempt from the pre -procurement review in paragraph (ii) of this section if the Federal awarding agency or pass -through entity determines that its procurement systems comply with the standards of this part. 12026 Misc. Office Paper Products Page 36 of 53 D. The City may request that its procurement system be reviewed by the Federal awarding agency or pass -through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and third party contracts are awarded on a regular basis; E. The City may self -certify its procurement system. Such self -certification must not limit the Federal awarding agency's right to survey the system. Under a self -certification procedure, the Federal awarding agency may rely on written assurances from the City that it is complying with these standards. The City must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. 8. Bonding requirements. (Adapted from § 200.325) For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the City provided that the Federal awarding agency or pass -through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 9. Federal Contract provisions. (Adapted from § 200.326) Simplified Acquisition Threshold raised to $250,000 The City's contracts utilizing Federal Funding must contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for City Contracts Under Federal Awards, which can be viewed and copied at: http://federal.elaws.us/cfrititle2.chapterii.part200appii In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non - Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 C '. 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S,C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C, 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance 12026 Misc. Office Paper Products Page 37 of 53 with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CPR §401.2 (a) and the recipient or sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S,C, 7401-767 q,) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended Contracts and sub -grants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. (J) See §200.322 Procurement of recovered materials. 178 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / / / / / / / / / / / 12026 Misc. Office Paper Products Page 38 of 53 XI. Fe •'eral Fun In e eral Transit «: inistration Below are the federally required and other model contract clause required by the Federal Transit Administration. All Federal Transit Administration 3rd party contract clauses not applicable to this solicitation have been deleted. CONTENTS Federally Required and Other Model Contract Clauses 1. ACCESS TO RECORDS AND REPORTS 2. BONDING REQUIREMENTS 3. BUS TESTING . BUY AMERICA REQUIREMENTS 5. CARGO PREFERENCE REQUIREMENTS b. CHARTER SERVICE 8. CIVIL RIGHTS LAWS AND REGULATIONS 10. EMPLOYEE PROTECTIONS 11. ENERGY CONSERVATION 12. FLY AMERICA 13. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 14. LOBBYING RESTRICTIONS 15. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 46. PATENT RIGHTS AND RIGHTS IN DATA 18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 20. RECYCLED PRODUCTS 21. SAFE OPERATION OF MOTOR VEHICLES 22. SCHOOL BUS OPERATIONS 23. SEISMIC SAFETY 24. SUBSTANCE ABUSE REQUIREMENTS 25. TERMINATION 1. Access to Records and Report 49 U.S.C. § 5325(g) 2 C.F.R. § 200.333 49 C.F.R. part 633 Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Section Deleted/Not Applicable Applicability to Contracts The record keeping and access requirements apply to all contracts funded in whole or in part with FTA funds. Under 49 U.S.C. § 5325(g), FTA has the right to examine and inspect all records, documents, and papers, including contracts, related to any FTA project financed with Federal assistance authorized by 49 U.S.C. Chapter 53. Flow Down The record keeping and access requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. 12026 Misc. Office Paper Products Page 39 of 53 Model ClauselLanquaw There isnurequired language for record keeping and access requirements. Recpient can draw unthe following language for inclusion intheir federally funded procurements. Access to Records and Reports a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain' complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related tothose records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 20O.33lThe Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event oflitigation ursettlement ofclaims arising from the performance nfthis Contract, inwhich case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access tpRecords. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access tmthe Sites cf Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract asreasonably may berequired. S. CARGO PREFERENCE REQUIREMENTS 46U.SI.§5E305 4GCfR.part 381 Applicability to Contracts The Cargo Preference Act of 1954 requirements applies to all contracts involving equipment, materials, or commodities that may betransported byocean vessels. Flow Down The [areoPreference npovirpmpn' ;;nn|ytn^Ucortnprt,inmovPH with*hp trnnrnnrt nf PniiinmantruetorieL ozcomnnoditias' byocean vessel. The Maritime Administration (MAKAD) regulations at46[ER. 0 381Jcontain suggested contract clauses. Recipients can draw on the following language for inclusion in their federally funded procurements. The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant tnthe underlying contract tothe extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish ZO working days following the date nfloading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph tothe Division of National Cargo' Office ofMarket Development, Maritime Administration, Washington, D[ 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.); and c. #zinclude these requirements in all subcontracts issued pursuant tnthis contract when the subcontract may involve the transport ofequipment, material, orcommodities byocean vessel. 12026 Misc. Office Paper Products Page 40 of 53 8. CIVIL RIGHTS LAWS AND REGULATIONS Applicability to Contracts The following Federal Civil Rights laws and regulations apply to all contracts. 1. Federal Equal Employment Opportunity {EEO) Requirements. These include, but are not limited to: a. Nondiscrimination in Federal Public Transportation Pro rams. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity. b. Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, "Equal Employment Opportunity," September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. 2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25 prohibit discrimination on the basis of sex. 3 Nondiscrimination on the Basis of Age. The "Age Discrimination Act of 1975," as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age. 4. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language Every federally funded contract must include an Equal Opportunity clause. Recipients can draw on the following language for inclusion in their federally funded procurements. Civil Rights and Equal Opportunity The AGENCY is an Equal Opportunity Employer. As such, the AGENCY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the AGENCY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatoryspecifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e 12026 Misc. Office Paper Products Page 41 of 53 note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 10. EMPLOYEE PROTECTIONS 49 U.S.C. § 5333(a) 40 U.S.C. §§ 3141— 3148 29 C.F.R. part 5 18 U.S.C. § 874 29 C.F.R. part 3 40 U.S.C. §§3701-3708 29 C.F.R. part 1926 Apoiicaoiiiry to Commas Certain employee protections apply to all FTA funded contracts with particular emphasis on construction related projects. The recipient will ensure that each third party contractor complies with all federal laws, regulations, and requirements, including: 1. Prevailing Wage Requirements Section Deleted/Not Applicable 2. "Anti -Kickback" Prohibitions a. Section 1 of the Copeland "Anti -Kickback" Act, as amended, 18 U.S.C. §874; b. Section 2 of the Copeland "Anti -Kickback" Act, as amended, 40 U.S.C. § 3145; and c. U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. part 3. 3. Contract Work Hours and Safety Standards a. Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701-3708; and supplemented by Department of Labor (DOL) regulations, 29 C.F.R. part 5; and b. U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. part 1926. Flow Down These requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. The Davis -Bacon Act and the Copeland "Anti- Kickback" Act apply to all prime construction, alteration or repair contracts in excess of $2,000. The Contract Work Hours and Safety Standards Act apply to all FTA funded contracts in excess of $100,000 that involve the employment of mechanics or laborers. 12026 Misc. Office Paper Products Page 42 of 53 Model Clause/Lanquaae The recipient must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. In addition, recipients can draw on the following language for inclusion in their federally funded procurements. Prevaillnrt Waste and Anti-Klckback - Section Deleted/Not Applicable Contract Work Hours and Safety Standards For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701- 3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contract for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement. Contract Work Hours and Safety Standards for Awards Not Involving Construction The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non - construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non - construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 12026 Misc. Office Paper Products Page 43 of 53 11. ENERGY CONSERVATION 42 U.S.C. 6321 et seq. 49 C.F.R. part 622, subpart C Applicability to Contracts The Energy Policy and Conservation requirements are applicable to all contracts. The Recipient agrees to, and assures that its subrecipients, if any, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6201 et seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance as required under FTA regulations, "Requirements for Energy Assessments," 49 C.F.R part 622, subpart C. Flow Down These requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. Recipients can draw on the following language for inclusion in their federally funded procurements. Energy Conservation The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 13. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 2 C.F.R. part 180 2 C.F.R part 1200 2 C.F.R. § 200.213 2 C.F.R. part 200 Appendix II (I) Executive Order 12549 Executive Order 12689 Background and Applicability A contract award (of any tier) in an amount expected to equal or exceed $25,000 or a contract award at any tier for a federally required audit (irrespective of the contract amount) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. part 180. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Recipients, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) with which they propose to contract or subcontract is not excluded or disqualified. This is done by: (a) checking the SAM exclusions; (b) collecting a certification from that person; or (c) adding a clause or condition to the contract or subcontract. Flow Down Recipients, contractors, and subcontractors who enter into covered transactions with a participant at the next lower level, must require that participant to: (a) comply with subpart C of 2 C.F.R. part 180, as supplemented by 2 C.F.R. part 1200; and (b) pass the requirement to comply with subpart C of 2 C.F.R. part 180 to each person with whom the participant enters into a covered transaction at the next lower tier. Model Clause/Language There is no required language for the Debarment and Suspension clause. Recipients can draw on the following language for inclusion in their federally funded procurements. 12026 Misc. Office Paper Products Page 44 of 53 Debarment, Suspension, Ineligibility and Voluntary Exclusion The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 15. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts The No Obligation clause applies to all third party contracts that are federally funded. Flow Down The No Obligation clause extends to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. Model Clause/Language There is no required language for the No Obligations clause. Recipients can draw on the following language for inclusion in their federally funded procurements. No Federal Government Obligation to Third Parties. The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 49 U.S.C. § 5323(1) (1) 31 U.S.C. §§ 3801-3812 18 U.S.C. § 1001 49 C.F.R. part 31 12026 Misc. Office Paper Products Page 45 of 53 Applicability to Contracts The Program Fraud clause applies to all third party contracts that are federally funded. Flow Down The Program Fraud clause extends to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Language There is no required language for the Program Fraud clause. Recipients can draw on the following language for inclusion in their federally funded procurements. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 20. RECYCLED PRODUCTS 42 U.S.C. § 6962 40 C.F.R. part 247 2 C.F.R. part § 200.322 Applicability to Contracts The Resource Conservation and Recovery Act, as amended, (42 U.S.C. § 6962 et seq.), requires States and local governmental authorities to provide a competitive preference to products and services that conserve natural resources, protect the environment, and are energy efficient. Recipients are required to procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. Flow Down These requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier where the value of an EPA designated item exceeds $10,000. Model Clause/Language There is no required language for preference for recycled products. Recipients can draw on the following language for inclusion in their federally funded procurements. 12026 Misc. Office Paper Products Page 46 of 53 Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. 21. SAFE OPERATION OF MOTOR VEHICLES 23 U.S.C. part 402 Executive Order No. 13043 Executive Order No. 13513 U.S. DOT Order No. 3902.10 Applicability to Contracts The Safe Operation of Motor Vehicles requirements apply to all federally funded third party contracts. In compliance with Federal Executive Order No. 13043, "Increasing Seat Belt Use in the United States," April 16, 1997, 23 U.S.C. Section 402 note, FTA encourages each third party contractor to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles, and to include this provision in each third party subcontract involving the project. Additionally, recipients are required by FTA to include a Distracted Driving clause that addresses distracted driving, including text messaging in each of its third party agreements supported with Federal assistance. Flow Down Requirements The Safe Operation of Motor Vehicles requirements flow down to all third party contractors at every tier. Model Clause/Language There is no required language for the Safe Operation of Motor Vehicles clause. Recipients can draw on the following language for inclusion in their federally funded procurements. Safe Operation of Motor Vehicles Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company -owned vehicles, company rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased either by the Contractor or AGENCY. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this agreement. 24. SUBSTANCE ABUSE REQUIREMENTS 49 U.S.C. § 5331 49 C.F.R. part 655 49 C.F.R. part 40 Applicability to Contracts Third party contractors who perform safety -sensitive functions must comply with FTA's substance abuse management program under 49 C.F.R. part 655, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations." Under 49 C.F.R. § 655.4, Safety -sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or contractors: 1. Operating a revenue service vehicle, including when not in revenue service; 2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; 12026 Misc. Office Paper Products Page 47 of 53 3. Controlling dispatch or movement of a revenue service vehicle; 4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. § 5307 or § 5309, is in an area less than 200,000 in population, and contracts out such services; or an employer who receives funding under 49 U.S.C. § 5311 and contracts out such services; 5. Carrying a firearm for security purposes. Additionally, third party contractors providing testing services involving the performance of safety sensitive activities must also comply with 49 C.F.R. part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs." Flow Down Requirements The Substance Abuse requirements flow down to all third party contractors at every tier who perform a safety -sensitive function for the recipient or subrecipient. Model Clause/Language FTA's drug and alcohol rules, 49 C.F.R. part 655, are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety -sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety -sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. How a recipient does so depends on several factors, including whether the contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the contractor, and the financial resources available to the recipient to oversee the contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and contractors comply with the rules. FTA has developed three model contract provisions for recipients to use "as is" or to modify to fit their particular situations. Explanation of Model Contract Clauses VM�IVII 1 The recipient ensures the contractor's compliance with the rules by requiring the contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 C.F.R. part 655. The disadvantage is that the recipient, which may not directly employ any safety -sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option for only those recipients that have a testing program for their employees, and can add the contractor's safety -sensitive employees to that program. Option 2' The recipient relies on the contractor to implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under Option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety -sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that, without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules. Option 3 The recipient specifies some or all of the specific features of a contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why. SUBSTANCE ABUSE TESTING Option 1 The Contractor agrees to participate in AGENCY's drug and alcohol program established in compliance with 49 C.F.R. part 655. 12026 Misc. Office Paper Products Page 48 of 53 SUBSTANCE ABUSE TESTING Option 2 The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Washington, or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before January 20, 2020 and to submit the Management Information System (MIS) reports before March 15 to City Buyer to certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. SUBSTANCE ABUSE TESTING Option 3 The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Washington, or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before January 20, 2020 and to submit the Management Information System (MIS) reports before March 15 to City Purchasing Office, 129 N. 2"d Street, Yakima, WA. 98901. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before [insert date or upon request] a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt [insert title of the Policy Statement the recipient wishes the contractor to use] as its policy statement as required under 49 C.F.R. part 655; OR (c) submit for review and approval before [insert date or upon request] a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the Contractor agrees to: [to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium]. 25. TERMINATION 2 C.F.R. § 200.339 2 C.F.R. part 200, Appendix II (B) Appllcabllty to Contracts All contracts in excess of $10,000 must address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement. Flow Down For all contracts in excess of $10,000, the Termination clause extends to all third party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. Model Clouse/Language There is no required language for the Terminations clause. Recipients can draw on the following language for inclusion in their federally funded procurements. Termination for Convenience (General Provision) The AGENCY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the AGENCY's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to AGENCY to be paid the Contractor. If the Contractor has any property in its possession belonging to AGENCY, the Contractor will account for the same, and dispose of it in the manner AGENCY directs. 12026 Misc. Office Paper Products Page 49 of 53 Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the AGENCY may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the AGENCY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the AGENCY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. Opportunity to Cure (General Provision) The AGENCY, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to AGENCY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within 10 days after receipt by Contractor of written notice from AGENCY setting forth the nature of said breach or default, AGENCY shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude AGENCY from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that AGENCY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by AGENCY shall not limit AGENCY's remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the AGENCY may terminate this contract for default. The AGENCY snail Terminate by aeiivering to the Contractor a Notice of Termination specifying the nature of the aeTaUlt. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the AGENCY. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the AGENCY may terminate this contract for default. The AGENCY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of AGENCY goods, the Contractor shall, upon direction of the AGENCY, protect and preserve the goods until surrendered to the AGENCY or its agent. The Contractor and AGENCY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the AGENCY. Termination for Convenience or Default (Cost -Type Contracts) The AGENCY may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of AGENCY or for the default of the Contractor. If the termination is for 12026 Misc. Office Paper Products Page 50 of 53 default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the AGENCY, or property supplied to the Contractor by the AGENCY. If the termination is for default, the AGENCY may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the AGENCY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of AGENCY, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving aNotice ofTermination for Default, theAGENCYdetermineuthatthe[ontractorhosmnexcusableveasonfovnnt performing, the AGENCY, after setting up a new work schedule, may allow the Contractor to continue work, ortreat the termination asaTermination for Convenience. 12026 Misc. Office Paper Products Page 51 of 53 XII. CERTIFICATE OF INSURANCE - REQUIRED ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MFARM(MY) CURRENT DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). irrAei INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE INSURED CO RA Entity Insured Address CERTIFICATE NUMBER: INSURER/It) AFFORDING COVERAGE INSURERA: A-VIII OR BETTER, ADMITTED CARRIER INSURER B INSURER C : INSURER D ; INSURER E : INSURER F.:: REVISION NUMBER: IC THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. vi nun, EFF Poucfaii TYPE OF N8URAN� POLICY NUMBER ifillitilDOMY) ilitalliODAMI COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE X OCCUR 'EN'L AGGREGATE LIMIT APPLIES PER: POLICY rf LOC AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DETT7 T RETENT ON S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOFLIPARTNERIFJ(ECUTIVE A OFFICERNEMBEREXCLUDED? (Mandatory In NH) firs, describe under ObsCNIPTION OF OPERATIONS below YiN, NIA POLICY NUMBER POLICY NUMBER POLICY NUMBER STOP GAP! EL ONLY START DATE START DATE START DATE STOP DATE STOP DATE STOP DATE LIMITS EACH OCCURRENCE $ 2,000,000 PREMISES fEo occugrnc MED EXP lAny ono person) $ 100,000 5,000 PERSONAL A, ADV INJURY $ 1,000,000 GENERAL AGGREGA PRODUCTS - COMP(OP AGO COMBINED SINGLE OMIT (Fon'g 2,000,000 $ 2,000,000 $ 2,000,000 BODILY INJURY (Per parson) S BODILY INJURY (Per accident) EACH OCCURRENCE AGGREGATE FE Ft SJATLOT XINH- E 4 EACH ACCIDENT s 1,000,000 EL. DISEASE - EA EMPLOYEE, S 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace la required) The City of Yakima, Its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. See attached Additional Insured Endorsement. CERTIFICATE HOLDER City of Yakima Purchasing Department 129 N. 2nd St. Yakima, WA 98901 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE @ 1988-2015 ACORD CO The ACORD name and logo are registered marks of ACORD RATION. All rights reserved. 12026 Misc. Office Paper Products Page 52 of 53 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule but only with respect to liability for "bodily inj. tiy:: "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2, That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. 12026 Misc. Office Paper Products Page 53 of 53 AGREEMENT Exhibit B 12026 Miscellaneous Office Paper Products Vendor Payment Schedule and Bid Submittal t CITY OF YAKIMA INVITATION TO BID 12026 SIGNTURE SHEET THIS IS NOT AN ORDER BID Release Date: November 2, 2020 Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety (90) days from date of Bid opening, unless otherwise noted BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM Purchasing For: City of Yakima 129 N. 2nd Street Yakima, WA 98908 Buyer in charge of this procurement (Contact for further information): Susan Knotts, CPPO, CPPB Buyer II Bids Must be completely uploaded by: Public Opening E.1 Phone November 16, 2020 at 11:00:0o AM PST (509) 575-6095 E-Mail Address Susan,KnottspYakimaWA.Gov PROJECT DESCRIPTION SUMMARY Miscellaneous Office Paper Products Enter Prompt Payment Discount: days I=1 I hereby acknowledge receiving addendum(a) Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required Well will complete delivery within business days and/or (use as many spaces as addenda received) hours after receipt of order. Required minimum 48-hours ARO. 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 Iftrilprolles_agm. 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 ? .5 +i Qv% A o T3 rui,‘ en./ Avc , val+ 91336 Name of Authorized Company Representative (Type or Print) Title ACtd%,..4 PA v% wove 0,- Einail Address 4g2i vo( Phone (501 ) 280- 04,-o Fax ( 501 ) 12026 Misc, Office Paper Products Page 2 of 53 \8. SERVICE SPECIFICATIONS Any additional work found necessary that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor Required". The Bidder must complete the following Service Specification Section using one of the following responses for each of the specifications. Y—Ymm The Bidder's proposed services and products satisfies the entire requirement and the proposed nemims will completely support the requirement. N—No The Bidder's services and product does not currently satisfy the entire requirement, and the Bidder's service and delivered product will not satisfy the requirement. E—Explanation The Bidder's services and products partially satisfies the requirement and onexplanation |sincluded |nthe response. &8R — Modification Required The Bidder's services and product does not currently satisfy the requirement' but the Bidder commits that the services and delivered base products will satisfy the requirements at no additional cost and shall besupported infuture releases nfthe Bidder's base products. The following Services Specifications Analysis shall beanswered with a ofN. Checking "No" on any item will not necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders are encouraged to provide further detail where such detail might differentiate their products from those of their competitors or where such detail might assist in analysis of the Bid. Services Specification Analysis shall be returned with the Bid Submittal. FAILURE TODO5OWILL BECAUSE FOR REJECTION OFSAID BID SUBMITTAL, Services Specifications Analysis Form - 12026 Misc. Office Paper Products \ �s� ' qnaoviratinn | � . QU`U," I Unless otherwise specified herein, all Mill Brand packaged fine papers offered must be mill cut mrsheeting of paper by wholesalers is not allowed). Cut sizes shall be ream sealed and labeled; reams must becarton packed.mndlabeled. 2 Only papers listed inthe 2O14/20l5Competitive Grade Finder - North American Edition (Fiftieth Edition Publication Date December l,2O14)orasotherwise accepted bVGrade Finders, Inc. for publication in subsequent editions will be considered acceptable for pricing offers. For products not listed in the current Competitive Grade Finder, ucopy ofGrade Finders' letter ofacceptability must beincluded with bid submittal. 3 Individual shipping cartons must belabeled, where applicable, with the date of noanuYactwre, batch number, storage requirements, conditions, and recommended shelf life. 12026 Misc. Office Paper Products X n } Cnmmiants Page 14of53 | SERVICE 4 Salles Representative Consultations: Vendor shall consult Departments/Divisions on products and orders when requested byDepmrtment/D|vidon. 5 Vendor Availability-, Vendor shall be accessible daily (Monday through Friday) 8:00 am to 5:08pm by telephone for placing orders, 0|v|n0 price quotes or other related information that may bwrequested. 6 Vendor shall be thoroughly knowledgeable of paper products available and beable torecommend varying types ofsupplies. 7 Tecbniq) information: Vendor shall be willing to assist City department personnel with technical information. Q Samples: Vendor shall supply one set mfpaper sample books and/or individual samples upon request. 9 Vendors nhmU have an on-line ordering system. If online ordering |uavailable, the Purchasing Division will encourage but not nmqu|nm Departments/Divisions to utU|xm the online ordering service in order to aoxe on processing costs. ORDERING 10 On-line, must be a network application through the Internet which mUmwm multi-user, concurrent auxmua. Prior to award, latest release of software must be available twthe City for test and evaluation. 11 Purchase_Order, Vendor shall require employee name, department/div|s|mn'telephone number, ship'tmaddneus, bill - to address and Purchase Order number when placing orders. 12 K8in|rgun Order, The minimum order amount shall be no greater than $35 per order. 13 Unit of Issue; provided by the Vendor shall be by the each or by the case, as requested by the ordering Department/Division. Ordering a full case shall not be required unless the item isaspecialty item. 14 Credit Card: |fyou accept payments byVisa, City Procurement card (P-Cav6)^check "Yeo*. DEUVERY lS DeUvemTimei Products shall in all instances, except where a backorder is noted, be delivered within 48 hours of order placement. Backorders should be delivered as soon as possible, but should not require more than a week to deliver. For items backordered more than one week, the requeutor should be informed of the excessive delay, and be given the opportunity tocancel. 'g [:1 R [1 12026 Misc. Office Paper Products Page 15 of 53 16 should be delivered as soon as possible, but should not require more than aweek tmdeliver. For items backordered more than one week, the rm4umstnr should be informed of the excessive delay, and be given the opportunity tocancel. 17 De|k��S All deliveries shall be FOB Destination, freight prepaid and allowed, with inside delivery to the ordering division ordepartment's physical location and asscheduled or upon request, 18 gityHall Deliveries- Prices are tmheper bid specifications, FOB City Hall. Inside delivery requirements for City Hall print shop Include; de'poUedo|n0h delivering vim hand truck to the basement utilizing the freight elevator and in such aYanh|qn as not toobstruct access Into the room. There |snulpadiny,dock available. 19 packinlit Slip: Vendor shall provide' at time of delivery, a packing slip that includes Purchase Order Number, description, quantity, list price, City'n price, and information regarding partial urback orders, RETURNS AND/OR REPLACEMENTS 20 Returns.- Paper can be returned if City personnel are not smtuOedwith product. 21 RestockiaLeq1 No restocking charges will be incurred if It is necessary to return paper. 32 Replacements.- shall bmgiven for defective items and/or easy credit returns made within mtwo-day period unless otherwise akfeed UPon. INVOICING 23 Statements: Vendor shall accurately invoice, per the prices in the contract and issue a statement monthly toeach division that has ordering activity within that month. Billing will be available more frequently; daily, weekly or twice - a -month, upon departments request. 24 Invoice: Vendor shall Indicate department and name of employee that ordered each item on invoice and/or credit memorandum. Each department will have their own sub - account. 25 The City statements and monthly billings for invoices shall besent tothe Finance Department by the first part ofthe last week ofeach month. 26 Credit Invoices: mhmU be dmar|K identified notating dollar smnwrt credited orN/C(No Charge) indicated for any returns necessary. 27 Credit, Memos: shall be issued within otwo-dayperiod after receipt ofreturns. 19 R [1 ig Fl y� [� p= `� 9 [7 [� �� w= ^� � [ �� v� ^� Fl �� v� �� Y� v� EJ 12026 Misc, Office Paper Products Page 16 of 53 D OU 5 28 List Itefris: Vendor shall supply one price book, either in paper for digital form, and list a percentage off of all miscellaneous Items not on bid, but available through your company. REPO Usage Report: A consolidated semi-annual or annual usage report should be available upon request and/or available to key City personnel. 30 Billing Reports: should, at a minimum, consist of a summary statement sorted by department, and a detailed back-up of the summary indicating description of items ordered, delivery dates, personnel who placed the order, prices, item numbers, etc. 12026 Misc. Office Paper Products Page 17 of 53 VIII. SAMPLE CONTRACT AGREEMENT COY OFYAKIMA 1302GMiscellaneous Office Paper Products THIS AGREEMENT, entered into on the date of last oXuxuVoo, between the City of Yakima, a Washington municipal corporation WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement mYWork ' The Contractor shall perform all work and and furnish all toolo, matehals, labor and equipment kmUodivmly referred to as "Services") according to the procedure outlined in Bid 12026 Miscellaneous Office Paper Products Specifications which are attached as Exhibit A, and the most recent edition of the ASTMANSI and NSF 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. Orders shall be delivered FOB Destination, freight prepaid, inside delivery within — business days after receipt of order. 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 and/or services provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City ofYakima. 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 nfitemized prices molisted in the Contractor's Bid submittal mtthe time and in the manner and upon the conditions provided for the Contract. %. Contract Term The period vfthis Cnntroctmhm|boforuoehoUofonoy0grfromdnoffecUvudate.TheChvmay.adUsundon.wmtendthmCunhactono year huyear basis for uphofour (4) additional yearsprovided, however, that either party may atany time during the life ofthis Cunhoct, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in writinghuthe other partyofIts Intention ho cancel. Contract extensions shall be automatic, and shall $jo into effect wilhout written confirmation unless the Cil provides advance notice of t 'ni e . ices shall remain firm for the first 90-day period of the Contract. If Vendor wishes to revise any prices he into tion to not ron'w' Or" prior to the renewal of the Contract, Vendor must advise the City in writing of the requested revisions no less than sixty (60) days before the end of the current Contract term. 4. Changes Any proposed change inthis Contract shall be submitted to the other party, for its prior written approval.If approved, change will be made byucontract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conciltions is specifically unauthorized and is not valid. 5. Agency Relationship between City and Contractor Contractor shall, at all times, bnanindependent Contractor and not anagent urrepresentative ofCity with regard ioperformance w[the Services, Contractor shall not represent that |tis, mhold itself out urrepresentative ofCity. Innoevent shall Contractor Uw 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, urencumber any rights, dutiao, or interests accruing from this Contract without the prior written consent of the other, In the event that such prior written consent to on assignment is gnonted, then the assignee shall assume all duties, obligations, and liabilities of Vendor as stated herein. 12026 Misc. Office Paper Products Page 23 of 53 23. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered to: TO CITY: City Manager Bob Harrison City of Yakima City Hall —First Floor 129 North Second Street Yakima, WA 98901 COPY TO: City of Yakima Purchasing Susan Knotts, Buyer II City Hall —Second Floor 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: \PNI (9 oLtov1 C_tio0 Gro e qq33 24. Survival The foregoing sections of this Contract, 2-24 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.) City Manager Date: , Data I( (12 z.,()zd -3-12 v e 4 Attest: (Print na Iet) City Clerk 12026 Mlsc. Office Paper Products Page 28 of 53 IX. BIDDER QUESTIONNAIRE Page 1 of 2 INSTRUCTIONS: Provide the requested information. If the City requires further description, the City may request Bidder to provide such information within a mandatory due date. You must submit this completed form to the City with your Bid Proposal. Failure to submit this form fully complete, my result in disqualification of Bid. Bidder's Legal Name: Company's dba: (if applicable) CEO/President BIDDER INFORMATION Vs/ CIQf Name: if> 1 k c A• e Business Federal License No. UBI No 1-78059 6.5- EIN No. 6 4 xi Phone (5°1) 717 - 015 7 FAX (So) -43,7 - 015'8 Mailing Address City Physical Address City Toll Free Phone E-Mail Address 620 E 13e.,"eAv Avc- 41. G 1f%c, vr 1 vtt c 6"/ le 4,1 . State kA) Zip + 4 41336 - 3 74, State kNJA Name the person to contact for questions concerning thls proposal. Name ‘i rPc Sc-L Phone (So) Z8 0 6 7 FAX (50,) 3- 3 - oLS Mailing Address 6 2_ cl A V (-- City „loft c Title Toll Free Phone Zip + 4 1'1334 - •F(3W t 014 „,,NN,All g40 E-Mail Address N3CA,..c,it tA2 0 )v-1-03."-t • C State w A Zip + 4 dig 3,36 - 3.76 7 Physical Address 1y,„ • City 12026 Misc. Office Paper Products State kno bi Zip + 4 99 33 6 Page 29 of 53 BIDDER: W CP Page 2 of 2 BIDDER QUESTIONNAIRE EXPERIENCE Contractor must have at least five (5) years experience as a contractor in this field of work and have satisfactorily completed three (3) projects of this nature and size in the last five (5) years: 1. Location and for whom performed: Phone: 2. Location and for whom performed: Contact Person: te Phone: sv -573 6 5 Contact Person: 3. Location and for whom performed: Phone: v). Contact Person: OWNERSHIP r I b Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: Please explain: 12026 Misc. Office Paper Products Page 30 of 53 VII.BID FORM INVITATION TO BID NO. 12026 TO BIDDER: PLEASE BID 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. BID your lowest price for the following: Bid Form Bidders are encouraged to submit alternate bid proposals for recycled content products and products with SFI and/or FSC certification or equivalent third party certification. Please provide a copy of your environmental policy with your Bid Proposal. Preferred products will perform well and have positive environmental attributes such as biodegradability, low toxicity, low volatile organic compound content, reduced/recycled packaging, and low life cycle energy. Minimum Specifications: If bidding an alternate brand, Bidder is to specify brand(s) of product bid next to each item on the Price Sheet. All prices are to be quoted FREIGHT AND DELIVERY INCLUDED. Delivery shall be FOB Destination, inside delivery, within 48-Hour of receipt of order. Line items listed in Schedules are annual estimates and provided for comparison purposes only. Quantities actually ordered may be more or less. This list is not comprehensive and does not include all items utilized by the City. Pricing for items not listed shall be determined at list less percent discount as proposed and listed on page 22. The City of Yakima spent approximately $26,000 in 2019 on office paper products. Item No. Product No. 200060C BARW1120 SCW1120 NOW1120 DHXRW1120 DAW1120 DAW1420 DAW1720 eiNuera al e 4 _ alMo 1 • NollOgi#145, — *NO II UMW 4-**pinol* * * 000 441,01,0 8.5 x 11 20# HP Copy& Print 92 Bright Acid Free 5000SHT 10RM/CS 8.5 x 11 20# White Aspen 30% Recycled 10RM/CTN 054901 8.5 x 11 20# White Supreme Copy lORM/CTN 8.5 x 11 20# White Orca Copy GL 1ORM/CTN 8.5 x 11 20# Husky 30% Recycled Copy 10RM/CTN 3160 8.5 x 11 20# White Double A Copy 10 RM/CTN 8.5 x 14 20# White Double A Copy 10 RM/CTN 11 x 17 20# White Double A Copy 5 RM/CTN 8.5 x 11 Blue Printer Paper, 50% Recycled AMZ8511GR 500SHT/RM AMZ8511BL1R 8.5 x 11 20# Hammermill Green Printer Paper W. 103366R 500SHT/RM 8.5 x 11 20# Hammermill Pink Printer Paper Acid 103382C Free 500SHT/RM 103382R Unit Of Measure 12026 Misc. Office Paper Products Page 18 of 53 17. MNY2006 WCO200 WC0300 DECBL1120 DECBL1420 DECTA1120 23. DECPI1120 24. DECCA1120 25. DECIBW17110 26. WAU40411 27. WCTWS110 28. NSIPKG 8.5 x 11 60# Metro Mat Prem NY2006 1500SHT/CTN 8.5 x 11 60# Matte Litho Perm 2000SHT/CTN WCO200 8.5 x 11 60# Semi Gloss PERM 2000SHT/CTN WC0300 8.5 X 11 20# Blue Domtar Colors GL 10 RM/CTN #81199 (30% Post Consumer Waste) 1,500 2,000 500 28 8.5 x 14 20# Blue Domtar Colors GL 10/CTN #81091 5 8.5 x 11 20# Tan Domtar Colors GL 10/CTN #81202 5 8.5 x 11 20# Pink Domtar Colors GL 10/CTN #81198 (30% Post Consumer Waste) 8.5 x 11 20# Canary Domtar Colors GL 10/CTN 81196 (30% Post Consumer Waste) 11 x 17 110# BRT WHT Domtar Index 250/PKG 4PKG/CTN #81208 8.5 x 11 110# White 94 Bright Neenah Exact Index 250SHT/ 9 x 11 110# White Index 5 Bank Copier Tabs Straight 1000/CTN 8.5 x 11 65# Re -Entry Red 3-Up Door Hanger 212 250/PKG V4559 29. MVSM25BW1124 30. NABC01760 8.5 x 11 24# Bright White Via Smooth 25% Cotton #6010002 (30% post consumer waste) 11 x 17 60# Cosmic Orange Astrobrights 5 RM/CTN #22653 31. NABPSP1160 32. NABLB1760 33. NABROR1760 34. NABTG1160 8.5 x 11 60# Pulsar Pink Astrobrights lORM/CTN 21031 11 x 17 60# Lunar Blue Astrobrights 5RM/CTN #22523 (30% Post Consumer Waste) 11 x 17 60# Rocket Red AstroBright 5RM/CTN 22643 8.5 x 11 60# Terra Green Astrobrights lORM/CTN 22581 12 3,000 20 7 7 7 3 Measure Unit RM 12026 Misc. Office Paper Products Page 19 of 53 Item No. 36. 39, 40. 41. 42, 43, 44. 45. 46. Product No. Description SCHEDULE NABTG1760 NAPBL1160 NAPNA1160 NAPNA1165 NAPNA201 NBCW1120 NPBDGW17100H PC NPBDGCW17100 HPC NCLCAW1180 PRW1120 r Products - Continued. 11 x 17 60# Terra Green AstroBright 5RM/CTN 22583 8.5 x 11 60# Blue Astro Parche 8RM/CTN 27141 (30% Post Consumer Waste) USW1420 8,5 x 11 60# Natural Astro Parche 8RM/CTN 27121 (30% Post Consumer Waste) 8.5 x 11 65# Natural Astro Parche CVR 250/PKG 8PKG/CTN 27421 (30% Post Consumer Waste) 23 x 35 65# 201N Natural Astro Parche CVR 500/CTN 27422 (30% Post Consumer Waste) 8.5 x 11 20# White Neenah Bond Cockle Finish 1ORM/CTN 02700 11 x 17 100# 39M White Blazer Digital Gloss 1500/CTN 279652 17 x 11 100# 72M White Blazer Digital Gloss CVR GS 500/CS 279660 8.5 x 11 24# Avalance White Classic Linen 10/RM/CTN 05173 8.5 x 11 80# Avalance White Classic Linen 250/PK 8PK/CTN 05447 85x 11 20# White Print Right GI 10 RM/CTN 70867 8.5 xJ,. 0# White U.S. Office GL 10 RM/CTN 161'03084 RF 11 pnitWhitp II S ()ffirG lfl RM/CTN SHT RM SHT PrIte Per Unit PKG Unit Of Measure Qty 1,500 • 1,770 80 47. USW1120 48. 49, 50. 51. 52. 53, 54. 55. 56. RUOW-1-720 USW1720 X3R4417 X3R20152 NSPPKG MSL2237 121947R 4336870835 ANCR211 ANCR311 1610/3078 11 x 17 20# White U.S. Office GL 5 RM/CTN #1613/3085 9 x 11 White Xerox 5100/4135/DC40 5BNK ST PER Collated #3R4417 8.5 x 11 24# Vitality MP Perfed HORZ PRF 3.5" FRM Bottom 3R20152 8.5 x 11 67# 3UP Canary VB Door Hanger w/Perf Item 212 V#4559 8.5 x 11 Vaudeville Orange Fluorescent MP2000 Perm #SL2237 8.5 x 11 80# Cover, Accent Opague White Heavy Cardstock with Super Smooth Finish 250SHT/1RM 8.5 x 11 80# Cover Hamilco White Blank Cardstock 50/PK 9174 SCHEDULE 2 — NCR28 8.5 x 11 2-Part REV/STR NCR Superior GL 1ORM/CTN #5887/5888 230 20 5,000 20 8 200 1 3 RM RM SHT RM PKG SHT PKG Subtotal Schedule 1 8.5 x 11 3-Part Reverse NCR Superior GL 10RM/CTN #5900/5901 40 20 RM RM $ 04-1-o $ o $'2'22/o _, $1g1.1eb $ 12026 Misc. Office Paper Products Page 20 of 53 Item No. Description SCHEDULE 2 — Nt R28 - Continued 8.5 x 11 4-PART REVERSE NCR Superior GL 57. ANCR411 10RM/CTN #5915/5916 8.5 x 11 5-PART REVERSE NCR Superior GL 1ORM/CTN #5930 8.5 x 11 20# CB WHITE NCR Superior GL 10RM/CTN #5805 8.5 x 11 105# CF WHITE TAG NCR PREM GL 8PK/CT 250/PK #2180 NCR Fanapart Padding Adhesive Gallon 4GAL/CS 2115 9 x 11 2-PART REV/STR NCR Superior PERF 1ORM/CTN #5789 8.5 x 14 2-PART REV/STR NCR Superior GL 10RM/CTN #5889/5890 SCHEDULE 3 - Crtveta RM RM PKG Subtotal Schedule 2 #10 24# WHT US Office WIN Office EPS 500/BX 64. US1OPWSD 080 2,500 #10 24# WHT US Office Reg. Soft Box Diag. Seam 65.. US1ORWSD EPS 500/BX 044-A 10,000 6 X 9 24# WHT US Office Booklet 500/CTN Bulk Side Seam 098EA 500 67, US9BW24 9 x 12 24# WHT US Office Booklet 500 Bulk 90EA 1,500 68. US9CW24 9 x 12 24# WHT US Office Catalog 500 Bulk 66EA 2,500 #9 24# WHT US Office Reg. Hard Box Diag. Seam 69. US9RWHD EPS 500/BX 036 A-6 24# WHT US Office Announce Hard Box 250/BX- 70„ USA6WH 1 M/CTN SCHW UO 4 — Printed Envelopes 1,000 Subtotal Schedule 3 Price Per Unit Total Price without t Please specify if price reflects combo runs, Printing multiple department envelopes both window and regular with the -same color will be priced at a highervolume rather than individual runs. Please provide quantity discoun attachment. r ranges for price run lengths of .5M, 1M, 2.5M, 5M,10M. Submit information #9 Regular One Color, US Office Soft Box 500/BX #10 Window Two Color, US Office Soft Box 500/BX 3 0(00- I cP #10 Window One Color, US Office Soft Box 500/BX 1-0;900 .,p gBX ,�p 18fi300 d'07 BX #10 Regular One Color, US Office Soft Box 500/BX #10 Regular Two Color, US Office Soft Box 500/BX 12026 Misc. Office Paper Products Subtotal Schedule 4 $ Z75s . 3a Page 21 of 53 Item No. Product No. 76. NSPE 77. NSPRL 78, RM40024 HPCWQT PKC2680 ETBACSTOP3AGAL RTD1049 US100964275 DV4599516 SW 007TT2 3E6 44 5-. 0 3 Description SCHEDULE 5 — Miscellaneous and Supplies 18" x 300' 24# Coated Ink Jet Bond 2RLS/CS 745180 #V3738 42" x 300' Coated Ink Jet Bond Roll 745420 V3738 RM400 24 x 24 75GA Printer Stretch Film 500SHT/RL 00164 White Cold Padding Compound Quarts 16QTS/CTN 26 x 38 80# .024 KnifeSaver Chipboard Apprx. 81 SHT/50# BDL (99% Post Comsumer Waste) BAC Stop 3A Hand Sanitizer Antiseptic 4GAUCS 706-GM100 Anomizing Hand Sanitizer Mist Pump for 1 GAL D1049-PUMP USC RTU Disinfectant Cleaner 6/320Z/CS 100964275 Oxivir TB Disinfectant Wipes 4599516 F100/PT100 Floral Soft WHT 2PLY Facial Tissue 007TT2 Standard Roll 2PLY Bath Tissue 4.4 x 3.5 80RU550SH/CS Earloop Face Mask Latex & Fiber Glass Free 50BX/40/CS FM001 Unit ©f Measure Subtotal Schedule 5 Delivery/Shipping WA STATE SALES TAX Destination Based @8.3% TOTAL Does Vendor Require a Minimum Order Amount (Not to be greater than $35.00) Price Per Unit MANDITORY — Failure to complete this section may be cause for rejection of Bid. Percentage discount off list book price for all miscellaneous office paper items not specifically called out, but proposed to be made available under this contract. You may bid a minimum discount or a range (minimax). 0% discount bids will not be considered responsive as will bids where this section is left blank. MS LINE ITEM MUST BE FILLED IN. NCLUDED 12026 Misc. Office Paper Products Page 22 of 53 PRELIMINARY Bid Tabulation Project: Misc. Office Paper Products Bid Opening: November 20, 2020 @ 11:00 AM Project No.: 12026 Contract Term: 5-Years Project Manager: June Wentz AWARD AND REASON THEREFORE: I recommend award to West Coast Paper Solutions as they are the only respon e, responbile bidde ,No.t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.4141. BUYER A Description 8.5 x 11 20# HP Copy& Print 92 Bright Acid Free 5000SHT 10RM/CS 8.5 x 11 20# White Aspen 30% Recycled 10RM/CTN 054901 (.21 /u /zozi 8.5 x 11 20# White Supreme Copy lORM/CTN 8.5 x 11 20# White Orca Copy GL 10RM/CTN 8.5 x 11 20# Husky 30% Recycled Copy 10RM/CTN 3160 8.5 x 11 20# White Double A Copy 10 RM/CTN 8.5 x 14 20# White Double A Copy 10 RM/CTN 11 x 17 20# White Double A Copy 5 RM/CTN 8.5 x 11 Blue Printer Paper, 50% Recycled 500SHT/RM AMZ8511BL1R 8.5 x 11 20# Hammermill Green Printer Paper 500SHT/RM 8.5 x 11 20# Hammermill Pink Printer Paper Acid Free 500SHT/RM 103382R 8.5 x 11 20# Hammermill Canary Printer Paper Acid Free 500SHT/RM 8.5 x 11 Tan Earthchoice Multii-Purpose Paper, 500SHT/PKG 11 x 17 60# White Cougar Opaque Smooth 5 RMS/CTN #2836 8.5 x 11 80# White Cougar Opaque SM CVR GL 250/PKG #2986 (30% Post Consumer Waste) 12 X 18 60# WH Everyday Digital Smooth Text 3RM/CTN #51201 Vendor Name West Coast Paper Product No. ! Qty. 1 Unit 'Unit Price! Total Price SCHEDULE 1 - Office Paper Products 200060C BARW1120 SCW1120 NOW1120 DHXRW1120 DAW1120 DAW1420 IDAW1720 AMZ8511GR 103366R 103382C 103341R 55026 DC DSW1760 HPC DCDCSW1180HPC MEDDSW1860HPC 4 RM 70 RM 50 RM 40 RM 60 RM 1690 RM 80 RM 40 RM 2 RM 2 RM 4 RM 2 RM 3 PKG 10 RM 64 PKG 8 RM 3.27 4.07 2.37 3.27 4.80 3.14 4.57 6.58 5.97 5.97 5.97 5.97 5.97 15.03 10.90 23.72 13.08 284.90 118.50 130.80 288.00 5,306.60 365.60 263.20 11.94 11.94 23.88 11.94 17.91 150.30 697.60 189.76 City Manager Contract Term: Vendor Name Unit Price' Total Price Vendor Name Unit Price! TotalPrice No. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Description 8.5 x 11 60# Metro Mat Prem NY2006 1500SHT/CTN 8.5 x 11 60# Matte Litho Perm 2000SHT/CTN WCO200 8.5 x 11 60# Semi Gloss PERM 2000SHT/CIN WC0300 18.5 X 11 20# Blue Domtar Colors GL 10 RM/CTN #81199 (30% Post Consumer Waste) 8.5 x 14 20# Blue Domtar Colors GL 10/CTN #81091 8.5 x 11 20# Tan Domtar Colors GL 10/CTN #81202 8.5 x 11 20# Pink Domtar Colors GL 10/GIN *81198 (30% Post Consumer Waste) 8.5 x 11 20# Canary Domtar Colors GL 10/CTN #81196 (30% Post Consumer Waste) 11 x 17 110# BRT WHT Domtar Index 250/PKG 4PKG/CTN #81208 8.5 x 11 110# White 94 Bright Neenah Exact Index 250SHT/ 9 x 11 110# White Index 5 Bank Copier Tabs Straight 1000/CTN 8.5 x 11 65# Re -Entry Red 3-Up Door Hanger 212 250/PKG V4559 8.5 x 11 24# Bright White Via Smooth 25% Cotton #6010002 (30% post consumer waste) 11 x 17 60# Cosmic Orange Astrobrights 5 RM/CTN #22653 8.5 x 11 60# Pulsar Pink Astrobrights 10RM/CTN 21031 11 x 17 60# Lunar Blue Astrobrights 5RM/CTN #22523 (30% Post Consumer Waste) 11 x 17 60# Rocket Red AstroBright 5RM/CTN 22643 Product No. Qty. Unit MNY2006 WCO200 WC0300 DECBL1120 DECBL1420 DECTA1120 DECPI1120 DECCA1120 DECIBW17110 WAU40411 WCTWS110 NSIPKG SHT 1500 Per 100 Sheets SHT 2000 Per 100 Sheets SHT 500 Per 100 Sheets 28 RM 5 RM 5 RM 5 RM 5 RM 12 PKG 2 RM SHT 3000 Per 1,000 Sheets 4 PKG MVSM25BW1124 20 RM NABC01760 NABPSP1160 NABLB1760 7 RM 5 RM 7 RM NABROR1760 7 RM Unit Price Total Price Unit Price 19.86 297.90 11.61 232.20 11.61 58.05 5.97 167.16 7.70 38.50 5.97 29.85 5.97 29.85 5.97 29.85 13.90 166.80 6.63 94.60 13.26 283.80 36.42 145.68 16.51 330.20 26.00 182.00 12.96 64.80 26.00 182.00 26.00 182.00 Total Price Unit Price Total Price 34 8.5 x 11 60# Terra Green Astrobrights 10RM/CTN 22581 NABTG1160 3 RM 12.96 38.88 35 36 11 x 17 60# Terra Green AstroBright 5RM/CTN 22583 8.5 x 11 60# Blue Astro Parche 8RM/CTN 27141 (30% Post Consumer Waste) NABTG1760 NAPBL1160 7 RM 1 RM 26.00 182.00 16.88 16.88 No., 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 CVR GS 500/CS 279660 8.5 x 11 24# Avalance White Classic Linen 10/RM/CTN 05173 8.5 x 11 80# Avalance White Classic Linen 250/PK 8PK/CTN 05447 Description Product No. 8,5 x 11 60# Natural Astro Parche 8RM/CTN NAPNA1160 27121 (30% Post Consumer Waste) 8.5 x 11 65# Natural Astro Parche CVR 250/PKG 8PKG/CTN 27421 (30% Post NAPNA1165 Consumer Waste) 23 x 35 65# 201N Natural Astro Parche CVR 500/CTN 27422 (30% Post Consumer NAPNA201 Waste) 8.5 x 11 20# White Neenah Bond Cockle Finish 1ORM/CTN 02700 NBCW1120 11 x 17 100# 39M White Blazer Digital Gloss NPBDGW17100HPC 1500/CTN 279652 17 x 11 100# 72M White Blazer Digital Gloss 1 NPBDGCW17100HPC NCLAW1124 NCLCAW1180 8.5 x 11 20# White Print Right GL 10 RM/CTN PRW1120 70867 8.5 x 14 20# White U.S. Office GL 10 RM/CTN 1612/3084 8.5 x 11 20# White U.S. Office GL 10 RM/CTNI 1610/3078 USW1420 USW1120 11 x 17 20# White U.S. Office GL 5 RM/CTN PUOW1720 USW1720 #1613/3085 9 x 11 White Xerox 5100/4135/DC40 5BNK X3R4417 ST PER Collated #3R4417 8.5 x 11 24# Vitality MP Perfed HORZ PRF X3R20152 3.5" FRM Bottom 3R20152 8.5 x 11 67# 3UP Canary VB Door Hanger w/Perf Item 212 V#4559 8.5 x 11 Vaudeville Orange Fluorescent MP2000 Perm #SL2237 NSPPKG MSL2237 8.5 x 11 80# Cover, Accent Opague White Heavy Cardstock with Super Smooth Finish 121947R 250SHT/1RM 8.5 x 11 80# Cover Hamilco White Blank Cardstock 50/PK 9174 8.5 x 11 2-Part REV/STR NCR Superior GL 10RM/CTN #5887/5888 4336870835 ANCR211 Qty. 7 1 25 8 1500 2000 1 1 1770 80 230 20 5000 20 8 200 1 3 Unit RM PKG SHT RM SHT Per 1,000 Sheets SHT Per 1,000 Sheets RM PKG RM RM RM RM SHT Per 1,000 Sheets RM PKG SHT Per 100 Sheets IRM- 250/PKG PKG Unit Price Total Price Unit Price 16.88 118.16 15.79 15.79 0.58 14,45 35.68 53.521 19.71 65.89 157.681, 131.78 24.52 24.52 28.20 28.20 3.27 5,787.90 6.35 508.00 4.20 966.00 9.52 190.40 58.40 292.00 11.12 222.40 24.70 197.60 63.32 126.64 8.45 8.45 8.45 25.35 Subtotal Schedule 1 19,426.45 SCHEDULE 2 - NCR28 40 RM 15.10 604.00 Total Price Unit Price Total Price No. 56 57 58 59 60 61 62 63 64 65 66 67 Description 8.5 x 11 3-Part Reverse NCR Superior GL 1ORM/CTN #5900/5901 8.5 x 11 4-PART REVERSE NCR Superior GL 10RM/CTN #5915/5916 8.5 x 11 5-PART REVERSE NCR Superior GL 10RM/CTN #5930 8.5 x 11 20# CB WHITE NCR Superior GL 1ORM/CTN #5805 8.5 x 11 105# CF WHITE TAG NCR PREM GL 8PK/CT 250/PK #2180 -NCR Fanapart Padding Adhesive Gallon 4GAL/CS 2115 9 x 11 2-PART REV/STR NCR Superior PERF 10RM/CTN #5789 8.5 x 14 2-PART REV/STR NCR Superior GL 10RM/CTN #5889/5890 #10 24# WHT US Office WIN Office EPS 500/BX 080 #10 24# WHT US Office Reg. Soft Box Diag. Seam EPS 500/BX 044-A 6 X 9 24# WHT US Office Booklet 500/CTN Bulk Side Seam 098EA 9 x 12 24# WHT US Office Booklet 500 Bulk 90EA Product No. Qty, ANCR311 20 ANCR411 10 ANCR511 10 ANCRCBW11 10 ANCRCFW11105 10 ANCRPAG 3 ANCRSP2911 14 ANCR3.11- ANCR214 4 US1OPWSD US1ORWSD US6BW24 US9BW24 Unit RM RM RM RM PKG GAL RM RM Subtotal Schedule 2 Unit Price 16.98 18.11 18.62 18.89 22.36 159.86 17.60 20.74 rTotal Price Unit Price 2,532.34 SCHEDULE 3 - Envelopes 2,500 10,000 500 1,500 EA M EA M EA M EA M 27.16 24.53 46.61 78.44 339.60 181.10 186.20 188.90 223.60, 479.58 246.40 82.96 67.90 245.30 23.31 117.66 Total Price Unit Price Total Price 68 69 70 9 x 12 24# WHT US Office Catalog 500 Bulk 66EA #9 24# WHT US Office Reg. Hard Box Diag. Seam EPS 500/BX 036 A-6 24# WHT US Office Announce Hard Box 250/BX-1 M/CTN Please s US9CW24 US9RWHD USA6WH 2,500 1,000 2,500 EA M EA M €A M Subtotal Schedule 3 87.24 25.48 42.60 804.25 SCHEDULE 4 - Printed Envelopes 218.10 25.48 106.50 if price reflects combo runs. Printing multiple department emvelopes both window and regular with the same color will be priced at a higher volume rather than individual runs. Please provide quantity discounts or ranges for pnce run lengths of .5M, 1M, 2.5M, 5M, 10M. Submit information as a sparate attachement. 71 72 73 74 75 #9 Regular One Color, US Office Soft Box 500/BX #10 Window Two Color, US Office Soft Box 500/BX #10 Window One Color, US Office Soft Box 500/BX #10 Regular One Color, US Office Soft Box 500/BX #10 Regular Two Color, US Office Soft Box 500/BX 10,000 30,000 10,000 10,000 30,000 BX M 8X M 8X M BX M 8X M 29.57 295.70 32.60 978.00 35.76 357.60 30.47 304.70 27.31 819.30 Subtotal Schedule 4 2,755.30 No.I Description Product No. I Qty. Unit I Unit Price.' Total Price Unit Price SCHEDULE 5- Miscellaneous and Supplies 76 77 78 79 80 81 82, 83 84 85 86 87 18" x 300' 24# Coated Ink Jet Bond 2RLS/CS 745180 #V3738 42" x 300Coated Ink Jet Bond Roll 745420 V3738 RM400 24 x 24 75GA Printer Stretch Film 500SHT/RL 00164 White Cold Padding Compound Quarts 16QTS/CTN 26 x 38 80# .024 KnifeSaver Chipboard Apprx. 81SHT/50# BDL (99% Post Comsumer Waste) BAC Stop 3A Hand Sanitizer Antiseptic 4GAUCS 706-GM100 Anomizing Hand Sanitizer Mist Pump for 1GAL D1049-PUMP USC RTU Disinfectant Cleaner 6/320Z/CS 100964275 Oxivir TB Disinfectant Wipes 4599516 F100/PT100 Floral Soft WHT 2PLY Facial Tissue 007TT2 Standard Roll 2PLY Bath Tissue 4.4 x 3.5 80RU550SH/CS Earloop Face Mask Latex & Fiber Glass Free 50BX/40/CS FM001 NSPE NSPRL RM40024 HPCWQT PKC2680 ETBACSTOP3AGAL RTD1049 US100964275 DV4599516 APP100 SW007TT2 FLATMASK 10 10 2 2 1 200 50 9 120 1 16 20 EA RL RL QT BDL GAL EA CS EA CS CS BX Subtotal Schedul 5 Subtotal: 8.3% WSST: Grand Total Base Bid: Discount Off List Book Prices: Payment Discount Terms: Freight F Delivery Time: 6 destination: Comments: 49.08 86.46 75.00 7.98 46.97 24.70 No Bid 28.30 12.80 21.45 38.17 18.20 9,295.20 49(180 864.60 150.00 15.96 46.97 4,940.00 0.00 254.70 1,536.00 21.45 610.72 364.00 Total Price Unit Price I Total Price 34,813.54 o.00 2,889.52 o.00 37,703.06 0.00 20% 0% / Net 30 1 Business Day Included No Minimum Order Amount 0.00 0.00 0.00