HomeMy WebLinkAboutTri Valley Construction, Inc. - Snow & Ice Removal Services AgreementCITY OF YAKIl G4
PURCHASED SERVICES AGREEMENT
FOR SNOW AND ICE REMOVAL SERVICES
THIS PURCHASED SERVICES AGREEMENT, entered into on the date of last execution, between the City of Yakima,
a Washington municipal corporation ("City") and Trl=Valley Construction Inc., rCont orj
WIT ESS T : The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The minimum services that the Contractor will provide include services described in RF0JP 121190P, which are
attached as Exhibit hereto and incorporated herein by this reference.
2, Compensation
The City agrees to pay the Contractor according to Exhibit E, attached hereto and incorporated herein, which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's F 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 additional years provided,however, that either party may at any time
during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days' notice in
writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect
without written confirmation, unless the City provides advance notice of the Intention to not renew. Prices shall remain
firm for the first twelve month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If ,approved,
change will be made by a contract modification that will become effective upon execution by the parties hereto. Any
oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship ;between City and Contractor
Contractor shall, at all times, be an Independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative
of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
6. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests
accruing from this Contract without the prior written consent of the other.
b. The Contractor for 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 Fights
All records or papers of any sod 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.
12119 QP Snow & Ice Removal - Streets Page I of 14
35. Contract Preservation
If any provision of the Agreement or the application of such provision, shall be rendered or declared invalid by a court
of competent jurisdiction, or by reason of Its requiring any steps, actions or results, the remaining parts or portions o
this Agreement shall remain In full force and effect.
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ownership
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33. Facility Security I
The City may prohibit entry to any secure facility, or remove facility, a Contract employee who does net perform
his/her duties in a prof .e 'l manner, or who violates the secure fa llity"a security rules and procedures. The City
reserves the right to search any person, property, or article entering Its facilities.
12119 QP Snow & Ice Removal , Streets Page 11 of 14
I
TO CITY: Bob Harrison, City Manager TO CONTRACTOR: Tr -Valley Construction Inc
City of Yakima 1008 N V Street
129 N Second Sheet Yakima, WA 98991
Yakima, WA 991
COPY TU City of Yakima Purchasing
Christina. Payer, Buyer it
19 N Second Street
Yakima„ WA 9991
51. Survival
The foregoing sections of this Contract, 2-59 inclusive, shall survive the expiration or terminabon 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 CIFY0MA Tri-valley Cons ' action
Cif Manager
Date: o " .. 0 Crate: 11111 21
CITY CONTRACT NO
Att t:RESOLUTSON No t name)
o- fi
Cityr
12119 QR Snow & Ice Removal —Streets Rage 13 of 14
EXHIBIT A
RESPONDENTS EQUEST FOR PROPOSAL
EXHIBIT
COST PROPOSAL (COMPENSATION
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q
11119 QP r ice Removal - Streets Pale 14 of 14
t
Section
Vill. PROPOSAL FORM
A. Schedule i - Snow and Ice Removal Equipment Rates (Attach additional sheet if necessary)
ScheduleI e's,pf C s�,Ioreach,Piece Equip
Item Equipment Hourly Rate Overtime Rate
1 2010 CAT 279 SKI STEER r^1RT011 S 1 5 l 5
1 1115 7 11 TEE TLR?95.1 115 155
4. 2018 CAT 906M WHEEL LOADER ER 140 1 Eli
H660 15
9SWO0647
01 CAT 924K WHEEL LOADER loft 1 0
7 2004 CAT MG WHEEL LOADER $180
BAA00601
a
1986 LEE BOY G440 GRADER 51 5 5155
0-1 8
111. 2003 NEW L LLAND TN80F TRACT —OR 125.., 51 5
Labor rates for hand shoveling and application of de-icer (par hour) 0
Contractor will mobilized and ready to start their assigned route within 7 hours rnins./hrs. from
confirming call -out with•, the City. (Minimum response time to City for call -out is 1 hour),
Contact name and phone number — To be available 74/7,
Rick Martin 509-930-0388
RFQ/P 1 119QP Snow and Ice Removal Page 17 of R
(Specifications)
City of Yakima NOTICE TO PROPOSERS
RFQ/P No. 11219QP
Notice is hereby given by the undersigned that electronic seated Requests for
Proposals will be accepted via PublicPurchase.com until the hour of 11:00:00 AM
on November 5, 2021. At such time, bids will be publicly opened in Yakima City
Hall, Council Chambers, located at 129 N. 2nd Street, Yakima, Washington
98901, At such time, Proposers names will be publicly read for:
Snow and Ice Removal for City sidewalks, streets and parking lots
Instructions to register with PublicPurchase.com and bid online are available at
www.yakimawa.gov/services/purchasing Paper submittals will not be accepted,
A pre -proposal conference will be held at 10:00 AM on October 15, 2021 in the
Public Works Training Room, 2301 Fruitvale Blvd., Yakima, WA 98902.
Attendance is not mandatory, however, Proposers are STRONGLY urged to
attend, Wearing of PPE and social distancing will be mandatory during the pre -
proposal conference.
The City of Yakima reserves the right to reject any and all RFQ/P's. The City of
Yakima hereby notifies all proposers that it will affirmatively ensure that it will
not discriminate on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, pregnancy, veteran status, political
affiliation or belief, or the presence of any sensory, mental or physical handicap
in violation of the Washington State Law Against Discrimination (RCW chapter
49.60) or the Americans with Disabilities Act (42 US C 12101 of set.)
Dated this 6th day of October, 2021.
Christina Payer, CPP13
Buyer 11
Publish on October 8 and October 9, 2021
RFQ/P 12119QP Snow and Ice Removal Page 1 of 38
'CITY OF YA IA REQUEST FOR QUALIFICATIONS
PRICE PROPOSALS #12119QP
COVER SHEET
THIS IS NOT AN {ORDER
RFQ/P Release Date. O tob r 8, 2021
Proposal Receipt: Proposers mint tint register with PublicPurohase.com and Proposal shall be completely uploaded into
PublicPurchase.corn 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 Proposals will not be accepted or evaluated. If you try to
submit a Proposallate, the electronic system will not receive it. Proposal openings are public. proposals shall be firm for
acceptance for ninety (90) days from date of Proposal' opening, unless otherwise noted.
RFQ/P"s ARE ONLY RECEIVED THROUGH PUBLIC]PURCHASEXOM
Purchasing For; Buyer in charge of this procurement (Contact for further information):
City of Yakima Streets Division Christina Mayer, CPP
01 Fruitvale Blvd, Buyer II
Yakima„ WA 98902
Proposals Must be completely uploaded by: Phone E-Mail Address
November 5, 2021 at 1 1: :coo AM PST50 ) 576-6696 christioa. a r-yakima ra cloy
Public opening
PROJECT DESCRIPTION SUMMARY
Snow and Ice Removal for City sidewalks, streets and parking lots.
(prevailing wage rates do not apply to the scope of the services requested, grow plowing of streets and parking lots is not
Within the scope of RCW 9.1 .E 0„ Construction, Reconstruction, Maintenance or Repair).
Enter Prompt Payment Discount %net days Service to start within calendar days after receipt of award.
I hereby acknowledge receiving addendum(a) (rise as many spaces as addenda received)
In signing this Proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise
taken any action in restraint of free competition; that no attempt has been made to induce any other person or faro to submit or not to submit a Proposal; that
this Proposal has been independently arrived at without collusion with any other Proposer, competitor or potential competitor; that this Proposal has not been
knowingly disclosed prior to the opening of Proposals to any other Proposer or competitor; that the above statement is accurate under penalty of perjury,
Furthermore, the Washington State Interlocal Cooperative Act (R W 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 aoree. 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 Request for Proposal and all terms of our Proposal.
Company Name CompanyAddress
Name ofAuthorized Company Representative ('type or Print) Title Phone ( )
Fax ( );
Signature of Above Cate Eail Address
RFQ/P 1211 QP Snow and Ice Remova I Page 2 of38
TABLE OF CONTENTS
I. DEFINITIONS
The
following definitions of terms shall apply, unless otherwise indicated
........: .......:..... ..::: ..,.....:....... -5
It. GENERAL INFORMATION
A,
Introduction. ....:.: .......:;,., ...... ...,.......... -.......... ,..................
..:: ......,:;.., ...._. .......: ,,,. ..,::..
B.
Serape and Objectives...... ................. ....... . .......:........
..,..,..:.,.,... ,. ....,..:,... ..,... ..........,6
C.
Proposer Conference::..,....... .....:: ........:.... ..... ................::.
.............., .. , ....... .....,.,... .....::.,6
D.
Calendar of Events................ ..... ...:. .......: .......... .. ...:.......... ...
......:......... ... :.....,,,: .........6
.
Contract Term ...... .......::.,... .... .............,, ... ......:: ........:..,......
......:.,...., ..;: ......... .........7
F,
Background and Current Operations.............. ....... ....... . ........:
....... :......... ......:............ ...........7
C.
Contracting Agency and Paint of Contact ...........::
.............. ..::...—,,...7
.
Public Records Access ................. .......: ...e.,,,.,..... :................::.......::.....,..............
.. ..........7
I.
Proprietary Information - ... ............. ... ...... --- ......... .,..,, :.,..... .:
......:-::........: ...........,.. ... ...........7
J.
Requests for Public Disclosure. ..... ---- ... .......:. ............ .....
..,....:,..., ...... .....,..:.. , ..... ..,...., ..8
K.
Retention of Rights ...:_:....— ............ ......:;.., ....:: .......,......... .:........:........,
. ................. ....,.-.-
L.
Clarifications and/or Revisions to Specification and Requirements
............... ... .......::........., --
M.
News Releases ...... :.: ......:.. .................: .,...—.......:: .......:.....
...: ....,..:;.., ...... .......:a.. ,........9
N.
Examining Documents & Facilities .............. ......... ---- .............. ........
....e..::..,, ..... ............,.. ....9
0.
Incurring Costs . ......:... .......:: .......::.. .,..::................. ...,....::.,,..
... .......:.......:........,: ....,......9
P.
No Obligation to Contract...... ........:. ........:...., ... .......::
...... ..,.................. ..:..... ......g
lll. PERFORMANCE REQUIREMENTS
A.
Snow Removal Plan...: ......:: ...............:.. .......... ........ ........:.,,.....
, ..: .......::.......::..9
B.
Graders/Plows Snow Removal Operations :... .......:.................. ..........
.:: .....,., .,..... ........:.... ....A0
C,
Plow Area Priorities.. .... --................ ....,.... .... ........:
.......... ,............... ,,. .....:; .........-11
D
Dump Trucks for Hauling Only...... ......... .......,:.,... ,,,. .......::
....::.., .... , .....,..:,. , ..... ........ 11
IV. GENERAL REQUIREMENTS
11
A,
Organizational Capabilities ............. .......... .......: ........,,. , ......
......,..................,.,..,.... ; , .......:11
B.
Organizational Chart... .... .. —.. ....-. .......::........:.......--...... .:...........
.........:. ......:,,......,,. ....... 11
C.
Staff Qualifications ... ................. ..:::,...., .:: .......::,........ .......::,.,,
..... .......;:......... ...,...„.... .....11
D.
Invoicing ......-- ....... .......::,.... ... .,..,..::,..... .:; ...... ....... .....: ,.........
....... ....,.. ........:12
E.
Financial capability to perform contract.....: ....... . ... ........:.. .....::
.., ...,...:;, ........ .,.....12
F.
Points not addressed. ::..... ..:: ......r.:... ....:......... ::,.......:.
......:,......... .....,.:;..... .... .....--12
V. PREPARING AND SUBMITTING A PROPOSAL
1
A,
General Instructions..:. .....:.......... . .......::........ , ......<;..,,,....
..,....:.,.....: ,. .....:...,...::.: .......: 12
B.
Organization and Format of Required Proposal Elements....... .... ......
... ......... ......:........... .........12
C.
Prohibition of Proposer Terms & Conditions. ... --- ....... ....:.a.......,......,.
. ....,.......... .........,,' ,,. .....1
RFO,/P 1211 QP Snow and Ice Removal Page 3 of 38
D, Submitting a ...... ........
E. Withdrawal of Proposals.. ....... ...... .......
14
VL
EVALUATION AND CONTRACT AWARD
14
A. Preliminary Evaluation ...... -- ......... ........ ...
14
E. Award of Contract....... -- .............
14
C. Prompt Payment. . - . . ...... ..... — ...... .......
14
D. Offer in Effect for Ninety (90) Days
E. Protest Procedure ... .........
VII.
COST PROPOSAL
16
A, General Instructions for Preparing Cost Proposals ... ...... ........... ................ .........16
B. Pricing and ....... ........
C� Price Clarifications......: .., ........
VIII,
PROPOSALFORM
17
A. Schedule I - now and Ice Removal Equipment Rates (Attach additional sheet if necessary)
B. Schedule It - Rates for Dump Trucks (Attach additional sheet if necessary)... ...... .... —18
C. Contractor Route Capability...
IX.
PROPOSER QUESTIONNAIRE
19
K
PROPOSER REFERENCES
23
X1.
SAMPLE CONTRACT
24
Xll.
SAMPLE CERTIFICATE OF INSURANCE
37
RFQ/P 12119QP Snow and Ice Removal Page 4 of 38
1DEFINITIONS
The following definitions of terms shall apply; unless otherwise indicated.
"Buyer" means the contact person listed on page 2 of this document:
"City" means the City of Yakima, Washington. Also referred to as "Owner".
"Contract" means written agreement between the "Owner" and the "Contractor" (or "Successful Proposer") that
covers the delivery of work to be performed subsequent to this RFQ/P.
"Contract Manager" means the individual in the City of Yakima Purchasing Division (Buyer) responsible for
managing this RFO/P and subsequent contractual issues,
"Contractor" means a proposer that is awarded a Contract under this RFQ/P and its employees or other
personnel (including officers and agents) provided by the Contractor to perform work under this Contract.
"Department" means the City of Yakima, Department/Division.
"Executive" means the City of Yakima City Manager,
"Owner" also referred to as City of Yakima.
"Project Manager" means the individual in City of Yakima Departments/Divisions and/car an assigned individual'
from the Contractor responsible for administering day-to-day operational matters of the Contract.
"Proposal" means the complete response of a'proposer submitted on the approved forms and setting forth the
proposer's prices for providing the services described in the RFQ/P.
"Proposer" means any individual, company, corporation, or other entity that responds to this RFQ/P.
"RFQP" means Request for Qualifications and Price Proposal.
"SOW" means Statement of Work.
"Subcontractor" means any entity that enters into any agreement with the Contactor to fulfill the requirements
and performance obligations of the Contract. No Subcontracting will be allowed.
RFQ/P 1 119 P Snow and Ice Removal Page 5 of 38
RFQ/P #12119C
Snow and lee Removal
#
B. Scope and Objectives
The City of Yakima Streets Division is requesting Snow and Ice Removal services to be provided as a yearly
contract. Contractor shall be an independent Contractor under the terms of this contract.
The Owner is requesting services to furnish all labor, any and all equipment, and materials necessary to perform
°`on call" snow and ice removal services on City streets, parking lots and sidewalks, all in accordance with the
specifications.
Prevailing Wage Rates do not apply to the scope of work described above.Labor and Industries (Ll) previously
determined that snow plowing of streets and parking lots is not within the Scope of RCW 39.12.0;
construction, reconstruction, maintenance and repair.
C. Proposer Conference
A pre -proposal conference will be held at 10:Q@AM on October 15, 2021 in the Public Works Training Room,
located at the Public Works Facility. Check in at the fury Annex, 201 Fruitvale Blvd,, Yakima, WA 98902 for
directions to the Training Room. Attendance is not mandatory; however, Proposers are STRONGLY urged to
attend'. Wearing of PPE and social distancing will be mandatory during the pre -proposal conference.
D. " Calendar of Events
Listed below are important dates and times by which actions related to this RFQ/P may be completed. In the
event that the Owner finds it necessary to change any of these dates and times it will do so by issuing + an
addendum to this RFQ/P.
October S, 222 RFtr°P Issuance
October 15, 2021 [ Pre Proposal Conference/Meeting .....:
October 22 2021 1 _.n
Due date for written questions
October 29, 2021 Addenda Written answers provided (target
November S, 202111 C PM PST Proposals Due
The schedule of events after the Proposal due date will be handled as expeditiously as possible, but there is not
a set schedule. An Evaluation Committee will be formed to evaluate proposals and may choose to interview
Proposers or make site visits. Every effort will be made to notify short-listed proposers of important post
opening dates.
RFQ/P 12119QP Snow and lee Removal Page 6 of 38
E. Contract Term
See Section 3 of Contract,
F. Background and Current Operations
ABOUT THE OWNER:
The City of Yakima, county seat of Yakima County, was incorporated in 1885 and is located in central
Washington State. It encompasses 28.7 square miles in an area of rich volcanic soil. The City is 145 miles
southeast of Seattle, and 200 miles southwest of .Spokane, Washington. The region is served by rail, highway and
air transportation facilities, which have helped develop the City as the commercial and business center of
Central Washington. With a 2012 population of 91,930 Yakima is the ninth largest city in the State of
Washington.
The City provides the full range of municipal services contemplated by charter or statute, These include public
safety (police, fire, and building), public improvements (streets, traffic signals), sanitation (solid waste disposal,
sanitary wastewater utility), water and irrigation utilities, transit, community development, parks and
recreation, and general administrative services.
The City of Yakima lies within Yakima County in the fertile Yakima Rivervalley. Apples, cherries, pears, grapes,
and other fruits, ;plus a' wide variety of field crops and vegetables make the Yakima Valley one of the top
agricultural producing areas of the nation. There are over 400,000 acres of Agriculture zoned land within the
County which produce over thirty types of fruits and vegetables. With its farm production base, the Yakima area
is a major food processing region.
Adding to the area's economy are over 250 manufacturing firms in the Yakima area that produces a variety of
products including wood products, packaging, plastic products, produce and aircraft parts.
G. Contracting Agency and Point of Contact
This RFQ/P is issued by the City of Yakima Purchasing Division. The person responsible for managing this RFQ/P
process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this
RFQ/P until a Notice of Intent to Award the Contract is issued, all contacts with Owners employees, and other
personnel performing official business for the Owner regarding this RFQ/P shall be made through the Buyer
listed on page 2. Contact with other Owner personnel regarding this RFQ/P is not permitted during the
procurement process and violation of these conditions may be considered sufficient cause for rejection of a
Proposal and disqualification of the Proposer.
H. Public Records Access
It is the intention of the Owner to maintain an open and public process in the solicitation, submission, review,
and approval of procurement activities: Proposal openings are public.
1. Proprietary Information
Any consideration of proprietary information is the responsibility of the Proposer to object to through the courts
following third party notice, not the Owner (City).
All information submitted in response to a request for public disclosure will be handled in accordance with
applicable Owner procurement regulations and the Washington State Public Records Act (RCW 42.56 et seq.). It
is the Proposer's responsibility to defend the determination in the event of an appeal or litigation.
RFQ/P 12119QP Snow and ice Removal Page 7 of 38
K. Retention of Rights
The Owner retains the right to accept or reject any or all proposals if deemed to be in its best interests.
All proposals become the property of Owner upon receipt. All rights, title and interest in all materials and ide
prepared by the proposer for the proposal to earner shall be the exclusive property of Owner and may be us
by the caner at its option.
L. Clarifications and/or Revisions to Specification and Requirements
If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in t
solicitation, the Proposer has an affirmative duty to immediately notify the Buyer of such concern and requ
modification or clarification of the RFQ/P document,
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additio
concerning the subject matter of the RFQ/P document(s) shall not be considered unless submitted via e-mail (i
phone calls) to the Buyer listed on page 2, a minimum of five business (5) days prior to the submittal due date:'
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any p
of this RFQ/P supplements or revisions will be provided to all known Proposers in the form of an addendum. i
Addenda are posted on www.yakimawa-gov/services/purchasing and www.DublicDurchase.com and/or s
directly to interested parties who have registered for updates to this RFQ/P.
If any requirements of the RFQ/P are unacceptable to any prospective Proposer, they may choose not to sub
a proposal.
RFQ/P 1211 QP Snow and Ice Removal Page 8 of 38
M. News Releases
News releases pertaining to the RFQ/P or to the acceptance, rejection, or evaluation of Proposals shall not be
made without the prior written approval of the Buyer listed on page 2.
N. Examining Documents &: Facilities
The Proposer is hereby advised that by submitting a Proposal, he/she is deemed to have studied and examined
all facilities and all relevant documents and acknowledged all requirements contained herein before proposing.
O. Incurring Costs
The Owner is not liable for any cast incurred by a Proposer in the, process of responding to this RFQ/P 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 rebated to responding to this RFQ/P,
P. No Obligation to Contract
This RFQ/P does not obligate the Owner to contract for service(s), or product(s) specified herein. Owner
reserves the right to cancel or reissue this RFQ/P in whole or in part, for any reason prior to the issuance of
Notice of Intent to Award. The Owner does not guarantee to purchase any specific quantity or dollar amount.
Proposals that stipulate that the Owner shall guarantee a specificquantity or dollar amount will be disqualified
(e.g. "all -or -none".)
Ill. PERFORMANCE REQUIREMENTS
A. Snow Removal Plan
The work consists of furnishing all or any equipment and labor deemed necessary, by the City Streets Division, to
remove snow and ice hazards from City streets, parking lots and sidewalks per the terms of a Contract for Snow
and Ice Removal. Clearing of snow shall occur in accordance with the City of Yakima Snow & Ice Control Policy.
Winter storms are unpredictable so the City will require several contractors and to be "on call" for snow plowing
and snow and ice removal and hauling. All factors noted will be considered on a` storm -by -storm basis to
determine which contractors are called.
Some parking lots and sidewalks may have had additional deposits of snow or ice placed upon them by
City/Contractor snowplows during street snow removal operations. Only those sidewalks specified by the
Streets Division will be cleared as a part of this contract; it is the responsibility of the adjacent resident(s) to
clear sidewalks of free -failing snow. The lots to be contracted for clearing are included,but not limited to:
I. police Department Martin Cueva-Ramirez (0) 509-576-6702; (C) 509-728-6 89
2. City Hall Randy Pitney 509-575-6265
3. Transit Center Alvie Maxey 509-576-6415
4. Convention Center Connie Lipton 509-576-6371
5. Waste Water Collections Marc Cawley 509-24 -6854
6. C81 Parking Lots Jay Kendall 509-576-64 7
7. Harman Senior Center Ken Wilkinson 5 9-576-6416
8. Parks &`Recreation ken Wilkinson 509-576-6416
Jay Kendall, Streets Operations lead - Office number 09-576-6437' (24 hour message)
RFQ/P 12 19QP Snow and Ice Removal Page 9 of 38
8. Graders/Plows Snow Removal Operations
. Cho not plow arterials (main streets) unless specifically instructed by City of Yakima. City crews plow
arterials.
. Plow your assigned area by priority as instructed below in Section C.
Plow your assigned area in blacks or sub -areas. Complete a C to 10 block section, and then move to another
area (block or sub -area). Start at a logical place in the area and proceed in a logical direction to completely
clear all snow from the area. Do not jump or skip around in your area.
. Snow must be cleared from curb to curb. Where there is no curb, clear snow to the outside of the shoulder.
In most cases, this will require 3 or more passes. Snow should be cleared as close to parked vehicles as
possible without causing any property damage.
5. Contractors are to plow snow in such a manner as to minimize snow being placed on to sidewalks, blocking'
driveways and mailboxes. The use of snow gates is encouraged.
. Contractor shall not bury or block access to any fire hydrants. Contractor shall remove snow around all fire
hydrants as a part of work. In the event that it is discovered that a fire hydrant has been covered,
Contractor will be required to unbury it.
Do not leave windrows or loose snow in or near intersections. All intersections, particularly on arterials, are
to be completely cleared of snow.
R. You are required to plow 24 hours a day unless otherwise instructed, you are required to notify the City of
Yakima concerning any clown time. This includes cutting edges, operator; changes, meals, etc. Please
contact the street supervisor or the appropriate inspector regarding down time.
. Ability to provide necessary assigned equipment twenty-four (24) hours per day, seven (7) days per week.
10. Provide adequate communications. All operators will be required to carry a communication device (cell
phone or pager) so the street .supervisor or inspector will be able to contact them when necessary.
11. Operators contact name and phone number (available 4/7).
1. Response to call -out: Contractor shall respond within 1 hour of call -out and let City staff know if they have
crew available and what time they will be mobilized and ready to start their route.
1. You will be given an area map each time you are requested to plow an area. You are required to keep the
map current by marking all of the streets that have been cleared. The street supervisor or inspector will
review the map in the field.
14. Unless pre -arrangements are 'made,: if a Contractor misses 2 callouts in a roue, they will be skipped on the
next callout. If the Contractor does not take action to reestablish the schedule within twenty-four (4
hours (or next call -out), the City may find the Contractor in default. The City reserves the right to determine
if there has been sufficient cause to justify non -observance of the service schedule. In the event this occurs,
the City shall serve written notice stating that this contract shall be deemed in default. The City shall further
reserve the right to terminate this contract.
15. Prior to the start of each shift Contractor will check in equipment being used with Jay Kendall. Shifts are to
be completed before lam and after 7pm.
1. To ensure proper visibility, all, equipment must have a flashing amber light and/or beacons affixed to them
while plowing for the City.
RFQ/P 1 11 QP Snow and ice Removal Page 10 of 38
17. Damage: The Contractor shall take all necessary precautions for the protection of public and/or private
property, The Contractor shall be responsible for all damages on or to public or private property resulting
from accidental, careless or negligent operation. All property which suffers damage, including but not
limited to; grass, mailboxes, curbs, suns, etc., (reasonable wear -and -tear excepted) caused by the
Contractor shall be repaired or replaced by the contractor. Repairs, replacement or arrangements shall be
made within 5 day s from being notified, and at no extra charge to the property owner or the City: The
Contractor is responsible for filing any and all claims with their insurance and: shall deal with property
owners directly,
C. Plow Area Priorities
Plow your area by priority as instructed:
1. Priority 1 Arterials and CBD City of Yakima Crew
2. Priority 7 Secondary/Collectors City of Yakima Crew
3. Priority 3 Hospitals Contractor Priority 1
. Priority 4 Hills/Cautions .Areas Contractor priority
5. Priority 5 Schools Contractor Priority 3
6. Priority 6 Transit Routes Contractor Priority
D. bump Trucks for Hauling Only
Clue to a change in the City's Snow & ice Control Policy there may be a need for additional dump trucks. These
trucks may coma from contractors included on the "on call" list for snow plowing (Schedule I) or from
contractors providing dump trucks only (Schedule 11). Contractor is not required to bid on both schedules. They
will be awarded separately. The purpose of these trucks would be to haul snow from the Central Business
District and other locations as directed to specified dump sites.
1. Gump truck size should be to yards or larger
. Gump trucks will need to have all necessary lights, beacons, reflective markings (for night work on public
roadways) and chains,
3. Operators contact name and phone number (available /7).
IV. GENERAL REQUIREMENTS
The purpose of this section is to provide the Owner with a basis for determining a Proposer's capability to
undertake this Contract.
A. Organizational Capabilities
Describe your company's experience, include number of years, providing services similar to those required by
this-RFQ/P to customers of comparable size, scope and circumstance,
B. Organizational Chart
Provide an organizational chart for your company and include an issue escalation process used to resolve any
potential issues between the Owner and the Contractor during the Contract term.
C. Staff Qualifications
1. Identify Project Manager and additional key personnel that will be assigned to this project. The Project
)Manager will be the primary' point of contact for Owner and must be available on an as -needed basis.
RFQ/P 111QP Snow and Ice Removal Page 11 of 38
Include heir current job title and the role they will play in the project.. For each staff person, attach a brief
resume with any pertinent licenses or accreditationsa naive at least one (1) example of a project where the
staff provided similar services to an organization with needs similar to these described in this RFQ/P.
. Identify the Account Manager who will be handling all invoices and billing and will serve as the account main
point of contact for this contract.
if any of these contacts change during the contract term, the Contractor shall verbally notify the Owner
within twenty-four (4) hoursof change and follow up in writing within five () business days of the date of
change.
D. -Invoicing
See Section #22 of Contract
E. Financial capability to perform contract
Proposer shall submit either a current Financial Review or Compilation Report by a CPA firm, which is not to be
older than one (1) year, or a Financial Statement from their back asserting that Contractor has the Financial
Capability to perform this contract. Owner reserves the right to use other means to substantiate'' Financial
Capability, e.g. D&B reports, BBB, or other means.
F. Points not addressed
Proposers are encouraged` to list; any points not addressed in these specifications that they feel improve or
enhance the operation of their unit.
V. PREPARING AND SUBMITTING
A. GeneralInstructions
The evaluation and selection of a Contractor will be based on the information submitted in the Proposal plays
references, and any on -site visits or best and final offers (BAFOs) where requested. Failure to respond to each of
the requirements in the RFQ/P may be the basis for rejecting a Proposal.
B. Organization and Format of Required Proposal Elements
Proposers responding to this RFQ/P must comply with the following format requirements. The Owner reserves
the right to exclude any responses from consideration that do not follow the required format as instructed
below.
Proposals shall be organized and presented in the order and by the numbers assigned in theRFQ/P with each
heading and .subheading should be separated by tabs or otherwise clearly marked.
Tab 1- Table of Contents
Provide a table of contents for the Proposal
Tab 2 - RFO/P Cover Sheet
Complete and sign the Cover Sheet, which is page 2 of this RFQ/P solicitation.
Tab 3 - Transmittal Fetter
RFQ/P 1' 119QP Snow and Ice Removal Wage 12 of 38
The transmittal letter must be written on the Proposer's official business stationery and signed by an official
authorized to legally bind the Proposer. Letter to include:
1) Name and title of Proposer representative;
2} !Name, physical and mailing address of company;
g} Telephone number, fax number, and email address;
4) RFQ/P number and title,
Sj A statement that the Proposer believes its Proposal meets all the requirements set forth in the
RFQ/P
6) A statement acknowledging the - Proposal conforms to all procurement rules and procedures
articulated in this RFQ/P, all rights terms and conditions specified in this RFQ/P;
7) A statement that the individual signing the Proposal is authorized to male decisions as to the prices
quoted and that she/he has not participated and will not participate in any action contrary to the
RFQ/P .
Tab 4 — Cost Proposal Information as Identified in Section VII,
Provide all cost information according to the instructions 'provided. include all costs for furnishing
equipment and/or services) included in this proposal. Identify all assumptions. Failure to provide any
requested information in the prescribed format may result in disqualification of the Proposal. Also include
on a separate sheet under this tab a list of all Optional Services and the price for each service, If service is
not provided please state so
Tab S — Response to general Requirements
Provide a point -by -point response to each requirement specified in Section IV, -F, of this RFQP. Responses
that fail to meet the mandatory requirements shall be deemed non -responsive.
Tab 6 - Sample Contract and Terms and Conditions
The Sample Contract provided with this RFQP represents the terms and conditions which the Owner expects
to execute in a contract with the successful Proposer{ Proposers roust accept or submit point -by -paint
exceptions along with ro osed alternative or additional language for each paint. The Owner may or may
not consider any of the Proposer's suggested revisions, Any changes or amendment to any of the Contract
Terms and Conditions will occur only if the change is in the best interest of the owner.
Tab 7 - Required Forms
include here additional completed forms required in the RFQP (that may not have been included in Tabs 1
6). Failure to complete and/err provide any required forms may result in disqualification of proposal. The
list below may not be all inclusive. ; Be sure to READ the entire proposal and include everything required.
• Proposal Form
• Vendor Questionnaire
• Proposer References
C. Prohibition of Proposer Terms& Conditions
A Proposer may not submit the Proposer's own contract terms and conditions in a response to this RFQP. If a
proposal contains such terms and conditions, the City, at its sole discretion, may determine the proposal to be a
nonresponsive counteroffer, and the proposal may be rejected.
RFQ/P =1 119QP Snow and ice Removal Page 13 of 38
D. Submitting a Proposal
Proposals shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page
2 of this RF P. Late Proposals will not be accepted or evaluated. If you try to submit a Proposal Late, time
electr�anic s�rstem will next".receive it
Proposers must submit their response electronically through PublicPurchase.com where they will be kept in an
electronic lockbox until date and time of opening, To register as a 'Vendor with Public Purchase, go to
www. ublic urc ase.com or the City of Yakima website at www.YakimaWA.Gov/Sery . The
City/County 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.
Any sections deemed by proposer to be confidential; per Washington State Public Disclosure Act (R W 42.56 et
seq.) shall be separated from the main document and uploaded to Public Purchase in a separate file marked
"confidential". ;All other sections of the response shall be made available to the public immediately after
contact signing. All materials required for acceptance of the Proposal by the deadline must be uploaded to
PublicPurchase,
E. Withdrawal of Proposals
Proposers may withdraw or supplement a proposal at any time up to the proposal closing date and time. If a
previously submitted proposal is withdrawn before the proposal due date and time, the Proposer may submit
another proposal at any time up to the proposal closing date and time. After proposal closing date and time, all
submitted Proposals shall be irrevocable until contract award.
V1. EVALUATION AND CONTRACT AWARD
A. Preliminary Evaluation
All Proposals shall be evaluated against the same standards. The Proposals will first be reviewed to determine if
they contain the required forms, follow the submittal instructions and meet all performance requirements.
Failure to meet performance requirements will result in proposal rejection as non -responsive. In the event that
NO Proposer meets specified requirement(s), the Owner reserves the right to continue the evaluation of the
proposals and to select the proposal most closely meeting the requirements specified in this RFQ P, or not
select any proposals.
B. Award of Contract
Award` will be made by the City of Yakima Purchasing Division to the lowest responsive and responsible
Proposer(s). The City reserves the right to accept or reject any or all proposals, and to waive any informalities
and irregularities in the proposals.
C. Prompt Payment
Bidders are encouraged to offer'a discount for prompt payment of invoice, please indicate your discount
proposal on page 2 of this document, If awarded by the City, period of entitlement begins only after.
1. Receipt of a properly completed invoice
. Receipt of all supplies, equipment or services ordered
o Satisfactory completion of all contractual requirements
RFQ/P 12119QP Snow and ice Removal Page 14 of 38
D. Offer in Effect for Ninety (9 Days
A Proposal may not be modified, withdrawn or canceled by the proposer for a ninety (0) day period following
the deadline for proposal submission as defied in the Calendar of Events, or receipt of best and final offer, if
required, and Proposer so agrees in submitting the proposal
E. Protest Procedure
Any protest must be made in writing, signed by the protestor, and state that the Vendor is submitting a formal
protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 12 No. 2nd St., Yakima,- WA
98901, 1, or by fax; 509-576-6394 or email to: rnaria.may ue yakimawa. ov. 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 REQ/P shall be feed at least
five () calendar days before the solicitations due date, and protests based can award or after the award shall be
filed no less than five calendar, () days after Award Announcement (see below for details). The following steps
shall be taken in an attempt to resolve the protest with the Proposer:
• Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with ;protester. All
available facts will be considered and the Purchasing Manager shall issue a written decision.
• Step It. If unresolved, within three ) 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 () business days after receipt of appeal, the protest may be
appealed to the Executive (or his designee). The Executive shall make a final determination in writing to
the Protester.
Award Announcement
Purchasing shall announce the successful Proposer via Website e-mail, fax, regular mail, or by any rather
appropriate means; Once the Intent to Negotiate is released by Purchasing, the protest time frame begins. The
timeframe is not based upon when the vendor received the information, but rather when the announcement is
issued by Purchasing.
Award Regardless of Protest
When a written protest against making an award is ;received, the award shall not be made until the matter is
resolved, unless the Owner determines that one of the following applies;
• The supplies or services to be contracted for are urgently required,
• [delivery or performance will be unduly delayed by failure to make award promptly;
•A prompt award will otherwise be advantageous to the Owner.
If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for
the award, Written notice of the decision to proceed shall be sent to the protester and others who may be
concerned.
The Owner; retains the right to enter into any contract and nothing herein shall be construed to limit that
authority in any manner.
RFQ/P 12119QP Snow and Ice Removal Page 15 of38
I. COST PROPOSAL
A. General instructions for Preparing Cost Proposals
Proposer roust submit a cast proposal under Tab 4 of their proposal; If proposer agrees to allow other
governmental agencies to purchase goods or services from the awarded Contractor under the resulting contract,
price accordingly so other jurisdictions can perform an apples to apples comparison for their resulting contract.
B. Pricing and Discount
The Owner qualifies for governmental discounts. Unit prices shall reflect these discounts. Unit prices shown on
the proposal or contract shall be the price per unit of sale (eg., hour, ea.) as stated on the request or contract.
For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price
shall govern in the proposal evaluation and contract administration,
C. Price Clarifications'
The Owner reserves the right to clarify any pricing discrepancies related to assumptions on the part of the
Proposers. Such clarifications will be solely to provide consistent assumptions from which an accurate cost
comparison can be achieved.
RFQ/P 1211 QP Snow and Ice Removal Page 16 of 38
Vill. PROPOSAL FORM
A. Schedule I - Snow and Ice Removal Equipment Rates (Attach additional
sheet if necessary)
Schedule l Rates of Cost for each Piece of banned Equipment
Item Equipment Hourly mate Overtime Rate
No. Yea r/l' anufacturer M d l/VIN
�.
7.
4
+a.
7.
o
,
I {i
Labor rates for hand shoveling and application of de-icer (per hour)
Contractor will mobilized and ready to start their assigned route within -
rains./hrs. from confirming call -
out with the City. (Minimum response time to City for call -out is 1 hour).
Contact name and phone number —To be available /7:
RFQ/''P 12119Q,P Snow and Ice Removal
Page 17 of 38
B. Schedule 11- Rates for Dump Trucks (Attach additional sheet if necessary).
Schedule 11— Rates for Durhp Trucks 10 yards or larger for Snow and Ice Hauling
item years a8e/" odel'Si a VIN Hourly Rate Overtime Rate
No.
1,
4.
.
Contractor will mobilized and ready to start their assigned route within rnins.Jhrs, from confirming call -
out with the City. (Minimum response time to City for call -out is 1 hour).
Contact name and phone number (available 4/:
C. Contractor Route Capability
1. Tease indicate which services you are able to perform:
Ci Priority 3 —Hospitals
0 Priority — Hills/Cautions Areas
ll Priority 5 —Schools
0 Priority 6 —Transit routes
. Number of Routes Capable of Covering:
d. Route Preference:
Order of award will first be made to Contractors that are capable of handling the most routes. The City will
make every attempt to accommodate route preference where practical; however, such accommodation
cannot be guaranteed,
RPCtf P 1 11'3QP Snow and Ice Removal Page 18 of 3
IX. PROPOSER QUESTIONNAIRE
Page 1 of 4
INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the fawner
may request Proposer to provide such information within a mandatory due date. You roust submit this completed farm
to the owner with your Proposal. failure to submit this form fully complete, may result in disqualification of Proposal.
PROPOSER INFORMATION
Proposer's Legal Name:'
Company's dba: {if applicable}
CEO/President
Name:
Business Federal
License No. UBI No, EIN No.
Contractor's No. of years contractor has provided snow removal services to a
License No. municipality or similar public agency? (3 years min. required)
Phone ( ) Toll Free Prone
FAX ( ) E-bail 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 ( i E-Mail Address
Mailing Address
City State Zip + 4
Physical Address
City State Zip + 4
RFQ/P 1211 Q,P Snow and Ice Removal Page 19 of 38
PROPOSER: PROPOSER QUESTIONN
PagE
t
i
ME;
2 of
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm?
Yes: No:
Please explain. -
FINANCIAL RESOURCES AND RESPONSIBILITY
Within the previous five years, has your firm been the debtor of a bankruptcy'
Yes: No:
Please explain
Is your firm in the process of or in negotiations toward being sold?
Yes: No:
Please explain
Within the previous five years„ has your firm been debarred from contracting with any
local, state, or federal government contract?
Yes: No:
Please explain
Within the previous five years, has your firm been determined to be a non -
responsible bidder for a proposal for any government contract?
Yes: No:
Please explain
Within the previous five yearn has a governmental or private entity terminated your
firms contract prior to contract completion?
Yes: No:
Please explain
Within the previous five years, has your firm used any subcontractor to perform work
on a government contract when that subcontractor had been debarred by a
governmental agency?
Yes: No:
Please explain
FQ/P 12119QP Snout/ and ice Removal Page 20 of 38
PROPOSER:
PROPOSER QUESTIONNAIRE
Page 3 of
DISPUTES
Within the previous five years, has your firm been the defendant in court on a matter related to any of the following?
• Payment to subcontractors?
"es. No;
Please explain
• Work performance on a contract?
"yes: No
Please explain
Does your firm have any outstanding judgments pending against it?
Yes: No:
Please explain
Within the previous five years, has your firm been assessed liquidated damages
on a contract's
Yes: No:
Please explain
Has your firm received notice of and/or in litigation about patent infringement for
the product and/or service that your firm is offering to the City?
Ye& No
Please explain
COMPLIANCE
Within the previous five years, has your form or any of its owners, partners, or
officers, been assessed penalties or found to have violated any laws, rules, or
regulations enforced or administered by a governmental entity? This sloes not
include owners of stock if your firm is a publicly traded corporation.Yes:
No
Please explain
License(s) are required to perform the services sought by this solicitation.
Within the previous five years„ has your firm had a license suspended by a
licensing agency or been found to have violated licensing laws?
Yes: No
Please explain
FQ/'P"1 1 9QP Snow and lee Removal
Paige 21 of 38
PROPOSER: _
PROPOSER QUESTIONNAIRE
Page 4 of 4
BUSINESS INTEGRITY
Is a governmental entity or public utility currently investigating your firm for false
claims or material misrepresentations?
Yes: No:
'lease explain
Within the previous five years, has a governmental entity or public utility
determined your firm made a false Maim or material misrepresentation?
Yes: No.
Please explain
Within the previous five years, has your firm or any of its owners, partners or
officers been convicted of a crime involving the bidding on a government
contract, the awarding of a government contract, the performance of a
government contract, or of a crime of fraud, theft, embezzlement, perjury,
bribery? This does not include Owners of stock if your flair is a publicly traded
corporation.
Yes, No:
Please explain
RFQ/P 12 19QP Snow and Ice Removal
Page 22 of 38
X. PROPOSER REFERENCES
Please submit the names of three different Municipalities: or Public Agencies, of similar size or larger; for whom you have done
similar scope of work for. A minimum of three years of experience is rewired.
1) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/dates:
) Company dame
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/date;
3) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/date:
R P 1 119 @,P Snow and Ice Removal Page 23 of 3
t. SAMPLE CONTRACT
CITY OF YAM A
PURCHASED SERVICES AGREEMENT
FOR SNOW AND ICE REMOVAL SERVICES
THIS PURCHASED SERVICES AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington
municipal corporation (" ity") and , ("Contractor).
ITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows-
1r Statement of Work
The minimum services that the Contractor will provide include services described in RFQ/P 1 119 P, which are attached as Exhibit A
hereto and incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit 8, attached hereto and incorporated herein, 'which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractors RF submittal at the time and in the manner and
upon the conditions provided for the Contract.
3. Contract Terra
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
year to year basis for rap to four 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 (3) days" notice in writing to the other party of its intention to cancel,
Contract extensions .shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of
the intention to not renew. Prices shall remain firm for the first twelve month period of the Contract,
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be
made by a contract modification that will become effective upon execution by the parties hereto, Any oral statement or representation
changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the
Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall' Contractor
be authorized to enter into any agreement or undertaking for, or on, behalf of City.
6. Successors and Assigns
a. Neither the City, nor the Contractor„ shall assign; transfer, or encumber any rights, duties, or interests accruing from this
Contract without the prior written consent of the other.
b. The Contractor for 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.
. 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,
R 'P 1 119QP Snow and Ice Removal Page 24 of 38
c. Employer's Liability (atop 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 Employees
Liability insurance with a limit of no less than 1,000, 00,00. The City shall not be held responsible in any way for claims tiled
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 Contractors 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 RCS+' 4: 4A 15then, 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, Contractors liability
hereunder shall be limited to the extent of the Contractor's negligence.
15. aeerability
If any term or condition of this Contractor 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 Bequest for Proposals Not 119QP, Scope of Work, conditions, addenda, and modifications and Contractor's
proposal (to the extent consistent with Yakima City 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
ContractDocuments are on file in the Office of the Purchasing Manager, 129 No. 21d at., Yakima, WA, 98901, and are hereby
incorporated by reference into this Contract.
17. Termination
a. Termination for Cause: The City may terminate the Contract after providing the Contractor with thirty (0) calendar days
written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract.
The Contractor may terminate the Contract after providing the City sixty (oil) calendar days' notice of the City's right to
cure a failure of the City to perform under the terms of the Contract,
Upon the termination of the Contract for any reason, or upon Contract expiration, each party shall be released from all
obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive
such termination or expiration
b. Termination for Convenience; Either party may terminate the Contract at any time, without cause, by providing a written
notice; the City by providing at least thirty () calendar days' notice to the Contractor, and the Contractor providing at
least sixty (60) calendar days" notice to the City in advance of the intended date of termination.
RFQ/P 1 11 QP Snow and lee Removal Page 28 of38
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed
under the Contract. The Contractor shall also be compensated for partially completed services, In this event,
compensation for such partially completed services shall be no more than the percentage of completion of the services
requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as
set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual
service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or
implemented„ such refund to be paid within thirty (30) days of written notice to the Contractor requesting the refund.
c. Contract Cancellation. The City reserves the right to cancel the Contract in whole or in part without penalty if the
Contractor:
1. Breaches or defaults an obligation under the Contract;
. Fails to perform any material obligation required under the Contract;
Files a petition in bankruptcy, becomes insolvent, or otherwise tapes action to dissolve as a legal entity;
4. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30#day notice;
5. Makes an assignment for the benefit of creditors;
Fails to follow the sales and use tax certification requirements of the State of Washington
7. Incurs a delinquent Washington tax liability;
. Becomes a State or Federally debarred Contractor;
g. Is excluded from federal procurement and non -procurement Contracts;
10Fails to maintain and keep in force all required insurance, perrnits and licenses as provided in the Contract;
11. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information.,
proprietary;or containing Personally Identifiable Information, or
1. Contractor performance threatens the health or safety of a City or municipal employee
13. Change in Funding. If the funds upon which the City relied to establish this Contract are withdrawn, reduced, or
limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by
providing at least five business days written notice to the Contractor. The termination shall be effective on the date
specified in the notice of termination.
18. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether
such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties
shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any
dispute relating to this Agreement shall be decided in the courts of Yakima County; in accordance with the laws of Washington. if both
parties consent in writing, other available means of dispute resolution may be implemented.;
19. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written agreement amendment, signed
by the City Manager, or pursuant to Section 50 below entitled "Change or Notice". Any violation of this procedure by the Contractor will
be considered cause for immediate cancellation of the Contract for cause by the City.
0. Contractor Shall Furnish
Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the same may be required to
perform the services described in, Section III Performance requirements, in accordance with this Contrad personnel, labor and
supervision; and technical, professional and other services.. All such services, property and other items furnished or required to be
RFQ/P 12119QP Snow and ice Removal Page 29 of 38
furnished, together with all other obligations performed or required to be performed, by Contractor under this Contract are sometime
collectively referred to in this Contract as the "(Services).
1. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and net mentioned in another shall
be performed to the same extent as though required by all. Details of the services that are not necessary to carry out the intent of this
Contract, but that are not expressly required, shall be performed or furnished by Contractor as part of the services, without any
increase in the compensation otherwise payable under this Contract.
2. Invoicing
The City will use its best efforts to pay each of Contractors invoices within thirty () days after the City$ receipt and verification
thereof, provided, however, that all such payments are expressly conditioned upon Contractor providing services hereunder that are
satisfactory to the City. The City will notify the Contractor promptly if any problems are noted with the invoice.
a. Regular Hours, Invokes that do not include overtime charges. To Ensure prompt payment, each invoice should cite.
1. RFQP number 1119IP,
. Description and date of services,
. Equipment Number and Hourly Rate
Contractor will mall invoices to the City at the following address:
City of Yakima Accounts Payable
19 N2nd Street
Yakima, WA 991
b. overtime Hours: Ender the Fair labor Standards Act (F LA), overtime is only earned on hours exceeding 40 worked in
the workweek, It is not earned on a per day basis. The city will only pay invoices submitted, that include overtime
charges billed for equipment used, after review and approval by department staff. In addition to the contractor submitting
a detailed invoice (as indicated above/regular hours) the following documents will need to be submitted to the buyer
listed on page 2 of the cover sheet:
1, Timeheets
, Certified Payroll Worksheet (To be used by the City to verify hours on invoices submitted with overtime charges).
"once the invoice and supporting documents have been reviewed and, if approved, the invoice will be submitted to
Accounts Payable`for processing,
2. Prime Contractor
Contractor is the Prime Contractor hereunder. ` The Prime contractor shall be the sole point of contact with regard to all contractual
matters arising hereunder, including the performance of services and the payment of any and all charges resulting from its contractual
obligations.
4. Delegation of Professional Services
The services provided for herein shall be performers by Contractor, and no person other than regular associates or employees o
Contractor shall be engaged on .such work or services. Contractor shall not (by contract, operation of law or otherwise) delegate or
subcontract performance of any services to any other person or entity without the prior written consent of the City, Any such delegation
or subcontracting without the City's prior written consent shall be voidable at the City`s option. `
o delegation of subcontracting of performance of any of the services, with or without the 'City's prior rwritten consent, shall relieve
Contractor of its responsibility to perform the servicesin accordance with this Contact. Contractor shall be fully responsible for the
RF P 1119 P Snow and Ice Removal page 30 of 38
9. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract, All records mint be
in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and Ic
ordinances.
The City shall have the right to audit, review, examine,copy, and transcribe any pertinent records or documents relating to any contt
resulting from this proposal held by the Contractor. The Contractor will retain all documents applicable to the contract for a perio
not less than three (3) years after final payment is made.
»
is I ally perrhissI
31. •
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RFQ/P 1 11 QP Snow and Ice Removal Page 32 of 3
32. Provision of Services
The Contractor shall provide the services set forth herein with all due drill, care, and diligence, in accordance with accepted industry
practices, standards and legal requirements, and to the City's satisfaction; the City decision in that regard shall be final and conclusive.
The City may inspect, observe and examine the performance of the services performed on the City premises at any time. The City
may inspect, observe and examine the performance of Contractor's services at reasonable times, without notice, at any ether
premises.
a. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the Contract
requirements for any reason; other than as aresult of the City`s default or negligence, the Contractor shall, at its own expanse,
reschedule and perform the services correctly within such reasonable time as the City specifies. This remedy shall be in
addition to any other remedies available to the City by law or in equity.
b. The Contractor shall be solely responsible for controlling the manner and means by which it and its Contracted Personnel or
its subcontractors perform the services, and the Contractor shall observe, abide by, and perform all of its obligations in
accordance with all legal requirements and City work rules.
33. Assignment
This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any
other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment i
granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor stated herein.
34. No Conflict of Interest
Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect,
which mould conflict in any manner or degree with the performance' of this Contract. Contractor further covenants that it will not hire
anyone or any entity having such a conflict of interest during the performance of this Contract.
35. Contract Preservation
If any provision of the Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent
jurisdiction, or' y reason of its requiring any steps, actions or results, the remaining parts or portions, of this Agreement shall remain in
full force and effect.
36. Promotional Advertising l News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for commercial
promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City, release o
broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.
37. Time is of the Essence
Timely provision of the .services required under this Contract shall be of the essence of the Contract, including the provision of the
services within the time agreed or on a date specified` herein.
38. Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item/service normally
offered by the Contractor, as long as the price of such additional products is based on the same cost/profit formula as the listed
item/service. At any time during the term of this contract, other City departments may be added to this contract, if both parties agree.
39. Ownership
All material produced as a result of this Contract shall be the exclusive property of the City:` Additionally, the City shall have;
unrestricted authority to reproduce, distribute, and use any submitted report, template, data, or material, and any associated
documentation that is designed or developed and delivered to the Agency as part of the performance of the Contract.
F 'P 12119QP Snow and Ice Removal Page 33 of 38
40, Safety Requirements
All materials, equipment, and supplies provided to the City must damply fully with all safety requirements, federal, state and local la
ordinances, rules, regulations as set forth by the State of Washington 1 CWxs WAC's and all applicable OSHA Standards.
41. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or "Contractor's Subcontractor
upon request and reasonable notice during the term of the Contract and Contract renewals/extensions,
Nofic.6 of t t t
if, duti Tel:
MII,
J�Mjm, (
*
gju
4ftver of Breach
a� t
9» 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.
RFQ/P 12119QP Snowy and Ice Removal Page 34 of 38
. Change or Notice
Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such
signed documentation shall be valid, No alterations outside of the general scope and intent of the original Request for Proposals or in
excess of allocable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are net authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three () business days of any change in ownership of the
facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible}
and in no event later than three (8) business days, after any decision by the Contractor to change or discontinue service that will affect
services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in
governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties
hereunder„ or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or
unnecessary. Notices and demands tinder and related to this Contract shall be in writing and sent to the parties at their addresses as
follows:
TO CITY; Bob Harrison, City Manager TO CONTRACTOR:
City of Yakima
129 N Second Street
Yakima, WA 98991
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer If
129 N Second Street
Yakima, WA 98991
1. Survival
=The foregoing sections of this Contract, -bg 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.
CITE' QB YAKIMA [ENTER CONTRACTOR
By:°
City Manager
Date: Date, -
Attest: (Print name)
City Clerk
RFQ/P1 119t' P Snow and Ice Removal Page 35 of 38
EXHIBIT A
RESPONDENTS REQUEST FOR PROPOSAL
EXHIBIT
COST PROPOSAL (COMPENSATION
RF P 1211 QP Snow and Ice Removal Page 36 of 38
1. SAMPLE CERTIFICATEINSURANCE
,�C-6;; . I� ' CERTIFICATE OF LIABIL T SU - NC Y�I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HCiOER, 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( ), AUTHORIZED
REPRESENTATIVE DR PRODUCER, ANOTHE CERTIFICATE HOLDER.
IMPORTANT_ II the c rhi`scato holder is an ADDITIONAL INSURED. the policy[ies) must have ADOIINONAL INSURED provisions or be end.
it SUARGOATION IS WAIVED, subject to the terms and tone pions of the policy, certain ponces may regLdre an endorsement A statement on
Itais ceWmate does not confer rights to the cerNeate holder in lieu arsuch end em gs)-
PRODUCER COWACT
NAMEIAl aU CE AGENT INFORMATION
INSURANCE AGENT ISSUING CERTIFICATE
e.#aae.
n#aaa Rx: W OR B EII.ADMITTEDCARRIER
MISUSED
e# e.
EnIty Insured Address a+a c;
aoa a
iceFs ,. ......._. �_._...._ _,,......_.. .,.._.,.�,. _ ....,�_.�,.__..,..w._.
COVERAGES CEIRTIFICATE MU RREVISION ER:
Tit#S #S TC CERTIFY THAT THE x OUCIES: OF INSURANCE USTED BEL N.R1fE SEEN ZSUEG TO THE INSURED NAMED ABOVE FOR THE P L. CY PEWOO
MOICATED NOTVti'ThSTANDING ANY REQUIREMENT, TERM OR CONaI T1ON:OF MY C TRACT CIR: �Tk#ER Ci3GaAdENT WMITPP RESPECT Try tWt#tC�4 THIS
CFRTIF€CATE MAY BE C5 U50 OR MAY:PERTAliN, THE INSURANCE A"ORDEG BY THE POUC#ES [DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS a4FdOCON61TVa' NS OF SUCK POLICIES, LIMITS S[3bSi'aN MAY HAVE BEEN REDUCED SY PAID CLAIMS.
MLTR: T#T+E G c R lNa POULY F#SLFCY Eire _ L#NnM _..
ONT10AYMI TM
oo R s Z
ED
a gat sue `* Fay s 100,000
A " POLICY NUMBER "�'aM,� � P omuktarcra�ura s t
a7 PL.AG{A 'TeLiM3""` +I'FLI Pan DATE DATE r ReLA ; a Z000,000
rzxaex 14 i >L FRLucrs ccra�NmAOO € $fit G
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',. crrrra.._-- u..... _ ��
AUTDAMI ALVe#ura cfd#AEIY#E#3'i NdUtUbi , a tHfla
} AWAUTd e v rsrvRrlFarrae a
A d SCJru E POLICYNti#aiDER ,- savaueraecr
SLY uoattaa DATE DATE FR R s
Mu#T3 SLY ur zts Y
a
REUALIA6
�r�a, E, i ; +u#aDaecaarE s
s�acsxaamxarr a�R fir, crrT'
A#er E►PLir'T'Eira'LIIve#I.pTY ��.,.
CRIP'TiitieN+3r. RArldr�Ec�u nira` E-L. C6'EE4#- L1G'fLga##T 6E,AhYPR0FRE F4rr*R CUT% UA E,=E7SE-s4evLC✓ E
L00=0DATE DATESTOP GAPIEL ONLY « Gm
I
—J,
WICA 1VOCAT#ON2d IAcQAo W, amN 1s 9 ..Wba ri nawe •i+aan'6¢
The City of Yakent, its apn1s, amplayees, authorized vIsunteers, alecled and appointed induded as n Insured.
SesonaPhed AddifiotW kwiLd Endorsement.
CERTIFICATE HOLDER CANCELLATION
IHDU1T,# AHYOF THE ABOVE DESCRIBES PES BE CANCELLED BEFORE
THE EXPIRATION GATE THEREOP, NOTICE VALL BE DELIVERED IN
CiiyofYakima ACCORDANCE WITH THE POYPROVISIONS.
Purdtaskv Department
" AUTWOUMOREMSENrAlIVE
120IN. 2nd St
Yakima, WA 281101 SIGNATURE
QP ISM2015 ACORD CORPORATION. All riGhts reserved.
ACORD Aa C101S103) The ACORD name and largo are registered maArs of ACORD
RFQ/P 1 11 QP Snow and Ice Removal Page`37 of 38
POLICY NUMBER COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL I - OWNERS, LESSEES
CONTRACTORS - SCHEDULED
ORGANIZATION
This endorsement modifies insurance provided under the foil i :
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or or nizatiort s : Lo tioly a of Covered Operations
The City of Yakima, its agents, employees, authorized
volunteers, elected and appointed officials are included
as PrknaryMon-Contributory additional Insured,
information required to 22mplete,thisScheddid,if notahown, above ill be shown in the Declarations.
A. Section It — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional e clu-
or+gani tion(s) shown in the Boil ate, but only sionsapply,
with respect to liability for 'bodily injury", "property this insurance ds not apply to'bodily injury" or
damage" or "personal and advertising injuryy' "property damage" occurring after:
caused, in whole or in pad, by:
1. Your a or omissions: or 1, All work, including rmate ' ls, parts or equip-
ment rnished in connection with such work,
. The acts or omissions of those acting on your on the project (other than service, maintenance
beitalfn or repairs) to be performed by or on behalf of
in the performance of yaur ongoing operations for the additional insured(s) at the location of the
the additional insured(s) at the locations) des g- covered operations has been completed,, or
noted above. 2. That portion of "your ' 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 an -
gaged in performing operations for d principal
as a parr of the same project
G 2010 07 04 9 ISO Properties, Inc,, 2004 Rage 1 of 1 13
RFQ/P 1 119QP Snow and Ice Removal Page 38 of 38
Exhibit
(Contractor's BidForm)
Section
Fill'. PROPOSAL FOR
A. Schedule li - Snow and Ice Removal Equipment Rates (Attach additional sheet if necessary)
egy <,`�'at9C1,I13r Ili Eu�411 I"I z
11 �tia
ILA
ItemFEqulpment Hourly Rate Overtime Rate
No. ar/Manuf re ail dlel 1N
1. 010 CAT 279 SKID STEER 1 T01166 135
155
015 CAT 279D SKID STEER GTLO2953 1 5
155
. 2012 CAT 4,20 E BAD OE SKROO860 145
165
4, 2018 CAT 906M WHEEL LOADER 140
160
H660 1 8
5: 2000 CAT 924G FRONT END LOADER 160
180
SWO0647
6, 2012 CAT 9 4kC W14EEL LOADER 160
1 0
P` iR.0039p
7. 2004 CAT 95OG WHEEL LOADER 160
180
BAA00601
8.; 006 CAT 140H GRADER CCA02148 145
165
9. 1986 LEE BOY G440 GRADER $135
155
86-168
10. 2003 NEW HOLLAND TN80E TRACTOR 1 5
145
w/Snow Blower 1311409
Labor rates for hand shoveling and application of de-icer (per hour)
0,
Contractor will rrt+ bill ed and ready to start their assigned taste within
_2 hours rains./hrs. from
confirming call -out with the Chit. (Minimum response time to City for call -out is 1 hour).
Contact name and phone number —To be available 4/7:
Rick Mari 09-930-038
RFQ/P 12119QP Show and Ice Removal
Page 17 of 38
B. Schedule It - Rates for Dump Trucks (Attach additionalsheet if necessary).
Schdrle fr3r,
irrlwkIrcis r r frrII~w�r% x {ljca{wn
Item Year/Mal e/tlia l/ze/VIN Hourly Rate Overtime Flag
No.
2000 P TERBILT DUMP TRK 1 PSDB9XI N 94r00 135; 155
<, 4. 1999 KW `ix"800 DUMP TRK 135 155
1I'lll DX 9 R79 059
135$155
3999 KW `i'800 DUMP TRK
INKDXBOX8XR824984
6 1999 KENWORTH T800 4 AXLE D 13 155
TRK INKDXBOX9XR827764
. 1996 FREIGHLINER DUMP TRK WISNO'W 135 155
PLOW 1FV6HLBB TL605 79
7., 19" KNV T 00 604P TRIK 139k0X60 XR?7` 63'7 135 155,
2005 KW T800 DUMP TRK tXa taD OX 511172 6 135 155
Contractor will mobilized and ready to start their assigned mute within —2 hours ruins./hrs. from
confirming call -out with the City. (Minimum response time to City for call -out is l hour),
Contact name and phone number (available 2 /7):
(tick Martin 50-930-4a417
C. Contractor Route Capability
1. please Indicate which services you are able to perform;
Priority 3 — Hospital
V Priority 4—Hills/Cautions Areas
Priority 5 —.Schools
Priority 5- —Transit Routes '
. Number of Routes Capable of Covering; . ,7
3. Route Preference:-7,8,10,12,2,
Order of award will first be made to Contractors that are capable of handling the most routes. The City will
snake every attempt to accommodate route preference where practical; however, such accommodation
cannot 'beguaranteed.
RFQ/P 12119CIP Snow and Ice Removal Page 18 of 38