HomeMy WebLinkAboutTTC Construction, Inc. - Snow & Ice Removal Services AgreementCITY OF YAI IMA
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 TTC Construction Inc., ("Contractor).
ITNES ETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree a
follows
t Statement of Work
The minimum services that the Contractor will provide include services described in RFQ/P 12119QP, which are
attached as Exhibit A hereto and incorporated herein by this reference
. 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 Contractor's FQ'P submittal at
the time and in the manner and upon the conditions provided for the Contract,
. 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
daring 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.
53 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, oron, 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 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 protect 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 1 of 1
8. Inspection and Production of Records
a The records relating to the Services shall, at all times, be subject to inspection by and with the approval
of the City, but the making of for failure or dale 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 implying performance, its substantiality or the
ease of Its discovery. Contractor shah provide the City sufficient, safe, and paper facilities, and/or send
copies of the requested documents to the City. Contractors records relating to the Services will be
provided to the City upon the City's request.
b, Contractor shall promptly furnish the City with such information and records which are related to the
Services of this Contract as may be requested by the City. Uniiii the expiration of six () years after final
payment of the compensation payable under this Contract, or for a lamer period ff required by law or by
the Washington Secretary of-State's record retentionschedule, Contractor shall retain and provide the
City access to (and the City shall have the right to examine, audit and ) 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
time 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 RC , or by law. All
records relating to Contractors services render this Contract must be retained by Contractor for the
minimum period of time required pursuant to the Washington Secretary of State"s records retention
schedule.
d. The terms of this section shall :survive any expiration or termination of this Contract.
i
8 Work f+;rfade for Hire
All work the Contractor performs under this Contract shall be considered rk 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
otter materials the Contractor produces in connection with this Contract, On completion or termination of the Contract,
the Contractor shall deliver these atedals to the City.
i
10, Compliance with Leta i
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 taxesassociated 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 RC
c, Contractor must provide proof of a valid Washington Unified Business Identification (UBi) number.
Contractor must have a current USl number and not be disqualified from bidding on any public works
contract under RCW` 39.06.010 or 9.12, 65( ),
d. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 I CK
e, oreton tl�on-thinctoni!orporations: 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
reed that any such corporation will promptly take all necessary measures to become authorized to
12119 QP snow & ice Removal —Streets Page 2 of 14
Upon the termination of the Contract far 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 them 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 (30) calendar days` notice to the Contractor,
and the Contractor providing at least sixty (6 ) calendar days' notice to the City in advance of the intended
date of termination:
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 forthe 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 pert without
penalty if the Contractor;
i . Breaches or defaults an ,obligation under the Contract;
. Falls to perform any material obligation required under the Contract,
3. Files a petition in bankruptcy, becomes insolvent, or otherwise takes 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 le aily,imposed, 30-
ay notice;
8. Makes an assignment for the benefit of creditors;
8. Fails to follow the sales and use tax certification requirements of the State of Washington
7. Incurs a delinquent Washington tax liability;
. Becomes a Mate or Federally debarred Contractor,
g. Is excluded from federal procurement and non -procurement Contracts;
10. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the
Cont
11. Fails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary~, or containing Personally identifiable Information, or
12, Contractor performance threatens the health or safety of a City or municipal employ
11 Change in Funding; If the funds capon which the City relied to establish this Contract are vdthdrawn,
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 Resol tlon
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
12119 QP Snow & ice Removal -Streets Page 6 of 14
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, ether 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 bu below entitled *Change or Notice". Any violation
of this procedure b the Contractor will be considered cause for immediate cancellation of the Contract for cause b
the City.
20. 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
Contract: personnel, labor and supervision; and technical, professional and other services. All such services, prop"
and other items famished or required to be furnished, together with all other obligations performed or required to be
performed, by Contractor under this Contract are sometime collectively referred to in this Contract as a "(Services)."
21. Complementary Provisions
All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned
in another shall be performed to the same extent as though required by all. Details of the services that are not
necessary to carry out the intent of this Contract, but that are not expressly required, shall, be performed or furnished
by Contractor as pad of the services, without any increase in the compensation otherwise payable under this Contract.
22. Invoicing
The City will use Its best efforts to pay each of Contractor's invoices within thirty t days after the ity's receipt and
verification thereof -,provided, however, that all such payments are expressly conditioned upon Contractor providing
services hereunder that are satisfactory to the City, The City will notify the Contractor promptly if any problems are
noted with the invoice.
a. Reoular Hours: Invoices that do not include overtime charges. To insure prompt payment, each invoice
should cite;
1, RF P number 12119CIP,
2, Description and date of services,
. Equipment Number and Hourly Rate
Contractor will mail Invoices to the City at the following address:
City of Yakima Accounts Payable
129 N 2nd Street, Yakima, WA 9890
b. Ovedi flours: finder the Fair Labor Standards Act tFSI..Af, 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 bilied 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 raver sheet:
1. Tmesheets
2. Certliled Payroll Forks t (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 invoke will be
submitted to Accounts Payable for processing.
12119 QP Snow & roe Removal -Streets Page Tof 14
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36. Contract Preservation
If ,any provision of the Agreement, or the application of such provision, shall be rendered or declared invalid by a court
of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of
this Agreement shall remain in fug force and effect
.News Releases
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V. Time is of the Essence
TWI DrOvisibri of Ilia iWces reguired ide
this QqI sfoll be of 4�oseice of V�e C64to t4ci:
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38. � Expansion
to this cootr* if both parties agree.
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kt Standards.
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12119 QP Snow & Ice Removal — Streets Page 11 of 14
44. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall
not impair the right of the party not in default to avail itself of any subsequentbreach thereof. Leniency, delay or failure
of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise
any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such
agreement, covenant, condition or right
45. Integration
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T Governing Law
This Contract shall be govemed by and construed in accordance with the laws of the State of Washington.
48 Venue
The venue for any judicial action to enforce or interpret this Contract shall We in a court of competent jurisdiction in
Yakima County, Washington.
49. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that heishe 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.
50. Change or Notice
Any alterations matte to the Contract shall be rendered in writing and signed by both responsible parties; no changes
without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original
Request for Proposals or in excess of allowable and accepted price changes shall be made.
i
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any
properly executed amendment
Notice of Business Changes: Contractor shall notify the City in writing within three t j 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 (3) 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 Contractors duties hereunder, or renders performance, enforcement or compliance with ?
the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related
to this Contract shall be in writing and sent to the parties at their addresses as follows:
12119 CAP Snow & Ice Removal —Streets Pape 12 of 14
TO CITY": , Bob Harrison, City Manager TO CONTRACTOR: TTC Construction on Inc
City of Yakima 12871 Summitview Rd,
129 N Second Street Yakima, WA 98908
Yakima, WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer 11
129 N Second Street
Yakima, WA 98901
81 Survival
The foregoing sections of this Contract, - 8 inclusive, shall survive the expiration or termination of this Contract to
accordance with their terra.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY o AKIMA TTC, Construction Inc
B
City Manager
h
Data ` Date:
Attest; li t name)
Cif Irk141
CITY CONTRACT NO--
12119 QP "Snow & Ice Removal — Streets Page 13 of 14
EXHIBIT
RESPONDENTS REQUEST FOR PROPOSAL
EXHIBIT B
COST PROPOSAL (COMPENSATION)
12119 QP Snow Ice Removal — Streets Page 14 of 14
(Specifications)
4
CITE' OF YAKIMA REQUEST FOR QUALIFICATIONS
_.. . PRICE PROPOSALS #12119QP
MOVER SHEET
THIS IS NOT AN ORDER
RF /P Release Coate: October 8, 2021
Proposal Receipt: Proposers must first register with PublicPurchas.com and Proposal 'shall be completely uploaded into
PublicPurchase.dom no later than the date and time listed below. Register as early as possible and do not wait until the duo
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 Proposal late, the electronic system will not receive it. Proposal openings are public. Proposals shall be firm for
acceptance for ninety () days from date of Proposal opening, unless otherwise noted.
'sONLY RECEIVED THROUGH ARE tJ
Purchasing For. Buyer in charge of this procurement (Contact for further information):
City of Yakima streets Division Christina Payer„ CPPB
1 Pruitvale Blvd. Buyer 11
Yakima, WA 9890
Proposals Must be completely uploaded by., Phone E-Mail Address
November 5, 2021 at 11:00:oo AM PST (09) 576-6696 christina. a er akimawa. c�v
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. Snow plowing of struts and parking lots is not
Within the scope of R W 9.1 .0 0, Construction, Reconstruction, Maintenance or Repair),
Enter Prompt Payment Discount: %net days Service to start within calendar days after receipt of award.
El I hereby acknowledge receiving addendurn(a) (use 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 firm to submit or not to submit a Proposal; that
this Proposal has been independently arrived at without collusion with any other Proposer, competitor or potential competitor; that this Proposal has not been
knowingly disclosed prior to the opening of Proposals to any other Proposer or competitor; that the above statement is accurate under penalty of perjury.
Furthermore, the Washington State lnterlocal Cooperative Act (li of 39.34) provides that other governmental agencies may purchase goads or
services on this solicitation or contract in accordance with the terms and prices indicated therein if, all parties . 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 omlaany Address
Name of Authorized Company Representative (Type or Print) "title phone { )
Fax t I
Signature of Alcove Gate Email Address
RFQ P 12119QP Snow and Ice Removal Page 2 of 38
TABLEOF CONTENTS
I. DEFINITIONS
The following definitions of terms shall apply, unless otherwise indicated: .......::. ,,.....:
...,...:: ........
II. {GENERAL INFORMATION
Introduction,.:. .......::...,.... ...............:.......,. ......,. .......... .......:. ......::
.......:. ,....,, :...
Scopeand Objectives ......... :........ ......::: ........ ........:........,.... ..,. ..........
......,: .....,..:..,
C.
Proposer Conference. ...... ............. . .... ....:: .......:. .......:. .......:: ........ , ........
D.
Calendar of Events .::, :.........:.......::........ .............. ......., ., ..,.....
....... ..,.........
E,
Contract Terri.......... . .......... .. ....:. ........:......A:: ,........ ......... ,....
.
F.
Background and Current Operations...—.,.......... ...........: ......... ........ ......:;.,.,......
.....,, ,...., .......7
G.
Contracting Agency and Point of Contact ....... ... ............ ::.......,:
7
11.
Pudic Records Access ......... ........: ......,::.. ....... .......: ........
,.......; . ,.,...:<...
1.
Proprietary Information .......... ......:. .......::.......:....,...: ........ ......,........;,.,. ...,,:
......,::...,,..:..,7
J,
Requests for Public Disclosure......:> ....,..:. . .......: ........: ,.....,.:
K.
Retention of Rights ... ........ ......... ....... . ........ ,....... ........:,. , ..., :. ,,....:: ..,.,...:,.
„ .,.: ,.....--
L.
Clarifications andfor Revisions to Specification and Requirements ..,..,:... ....... ........... ......: .......n.,.
M-
News Releases... ... ......::. .......:. ................ :<. ,.,....;, ....,...: .....,::. ,....,.:., ........
e........ .....:::..,g
N,
Examining Documents & Facilities .:....................... .... ........ ......::. ......... ......::.......,
. .....:....g
O.
Incurring Costs..... ... ....... ...........:. ........ ......... .......:. ,,,....;. .,..,
P.
No Obligation to Contract ..... ........: .......:: . ......:... ......: ,.............., .......,;: ,., .,.,;,........
,.......:.,.
Ill, PERFORMANCE REQUIREMENTS
g
A.
Snow Removal Plan. ..--- ................ ..,..,..,. ...,.::,. ...,..:,.., ...,:.., ., ........ ,.... ... ,..::......,,.
...,...::...9
B.
Graders/Plows Snow Removal Operations-...... .......:: .,.....:. ..,,...:. ....,.,:, .,.....:,
.......;. .......:..1�
Plow Area Priorities.,:: ......... ........... ......:...... ..: .,... „::,......:.......:........:...............:
..........11
D.
Dump Trucks for (-larding Only- .... ........: ........ ......: , .,...... ......... .....,..: ....,..:,
........`> ....,..::, (1
IV. GENERAL REQUIREMENTS
A.
Organizational Capabilities.: .. ........ ................. .......... ......:.... ....® ... _....: ...,,..::
.....,.:: ..........11
B,
Organizational Chart;. ..,,,,,::........: .......:. ,.......: ,. .....,::. ...,.:::a ........: ......,:.
..,..,..,,. ......:.11
Q,
Staff Qualifications.. ........: ,......: ....,.,.; ..,...... ......::,, ,......;..,., ..:......., ......::.........:........11
D.
Invoicing ........:.......:...,.. , : ........: ........: .....:. .....®..:..,....., .............,..:;
......... ,..,......12
E.
Financial capability to perform contract....,: ................::.
.,......e ...,...,.12
F,
Points not addressed . ........ ................. ........:............. ........... ,..... :; ...........
.....:...,.......12
V. PREPARING AND SUBMITTING A PROPOSAL
1
A.
GeneralInstructions..>...,....:.......: ........ ........ : ........ .............. ,........
....... ..........12
B.
Organization and Format of Required Proposal Elements. ...... ........ :......... .. ........ ........
.... .....12
,
Prohibition of Proposer Terms & Conditions ,...,..:, ......::. ......... ......::: ..,..e.:: .......:;
,..,...:: .......,:. I
RFQ,/P 12119QP Snow and ice Removal Page 3 of 3
D� Submitting a Proposal, ..... ................ ...... - ....... 14
E � Withdrawal of Proposals..... ..... ............ ....... ......
VI.
EVALUATION AND CONTRACT AWARD
A. Preliminary Evaluation . ..... ...... ...... ..............
14
B � Award of Contract ....... .......... ....... ...
14
C� Prompt Payment ... ........... ...... ....... ...... ___ ... _14
D� Offer in Effect for Ninety (90) Days____ ....... ........... ...............
E. Protest Proced u re . ...... ....... ....... ____ .......
15
Vll�
COST PROPOSAL
A, General Instructions for Preparing Cost Proposals.. ...... ....... .......... __ ........... _16
B. Pricing and Discount.... .... ...... ........... ___ ...... .......... _______16
C. Price Clarifications .......... ............ __16
Vill,
PROPOSALFORM
A � Schedule I - Snow and Ice Removal Equipment Rates (Attach additional sheet if necessary) ...
A7
B. Schedule 11 - Rates for Dump Trucks (Attach additional sheet if necessary) . ....... ..........
18
C � Contractor Route Capability..._____ .......... ____18
IX
PROPOSER QUESTIONNAIRE
X
PROPOSER REFERENCES
XI,
SAMPLE CONTRACT
XIL
SAMPLE CERTIFICATE OF INSURANCE
RFQ/P 12119QP Snow and Ice Removal Page 4 of 38
1. DEFINITIONS
The following definitions of terms shall apply, unless otherwise indicated:
"Buyer' means the contact persona 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 RFQ/P and subsequent contractual issues.
"Contractor" means a proposer that is awarded a Contract under this RFQ/P and its employees or father
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/or an assigned individual
from the Contractor responsible for administering day-to-day operational matters of the Contract.
"Proposal" means the complete response of a" proposer submitted on the approved forms and setting forth the
proposer's prices for providing the services described in the RFQ/P.
"Proposer" means any individual, company, corporation, or other entity that responds to this RFQ/P.
"RFQPI" means Request for Qualifications and Price Proposal.
"SCOW" means Statement of Work.
"Subcontractor" means any entity that enters into any agreement with the Contractor to fulfill the requirements
and performance obligations of the Contract. No Subcontracting will be allowed.
RFQ/P 1211 QP Snow and Ice Removal Page 5 of 38
RF P'' #12119 P
Snow and Ice Removal
GENERAL INFORMATION
A. Introduction
The purpose of this Request for Qualifications & Price Proposal (RFQ/P) is to provide interested parties with
information to enable them to prepare and submita proposal for Snow and Ice Removal. The City of Yakima
(referred to as "Owner" throughout this document), Streets Division, as represented by City Purchasing, intends
to use the results of this solicitation to award a contract for such services
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
f`on call' snow and ice removal services on City streets, parking lots and sidewalks, all in accordance with the
specifications.
Prevailing Wage Rues do not apply to the scope of work described above. Labor and Industries L&I) previously
determined that snow plowing of streets and parking lots is not within the Scope of RCtiwi' 9.1 030,
construction, reconstruction, maintenance and repair.
C. Proposer Conference
pre -proposal conference will be held at 10:OOAM can October 15, 2021 in the Public Works Training Room,
located at the Public.. Works Facility. Check in at the Kary Annex, 2301 Fruitvale Blvd Yakima, WA 9890 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 R CIJP 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 RFC/P.=
i�AT� ENT
{ 3ctnber R, 2021RFt/P_Issuance
October 1, 2021 1 Pre -Proposal Conference/Meeting
October 22,2021 Due date for written questions
October 29, 2021 addenda (written answers provided (target
_.._ .w _M_._..._., 1....
November o 11 Dq oo PIM PST Proposals Due
The schedule of events after the Proposal due elate 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 mare site visits. Every effort will be made to notify short-listed proposers of important post -
opening dates.
RFQ/P 1 119QP Snow and Ice 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 1886 and is "located in central
Washington State. It encompasses 28.7 square miles in an area of rich volcanic soil. The City is 145 miles
southeast of Seattle, and 200 miles southwest of Spokane, Washington. The region is served by rail, highway ,and
air transportation facilities, which have helped develop the City as the commercial and business center of
Central Washington, With a 2012 population of 91,930 Yakima is the ninth lamest city in the State of
Washington
The City provides the full range of municipal services contemplated by charter or statute. These include public
.safety (police, fire, and building), public improvements (streets, traffic signals), sanitation (solid waste disposal,
sanitary wastewater utility), water and irrigation utilities, transit, community development, parks and
recreation, and general administrative services.
The City of Yakima lies within Yakima County in the fertile Yakima River Valley. Apples, cherries, pears, grapes,
and other fruits, plus a wide variety of field crops and vegetables make the Yakima Valley one of the top
agricultural producing areas of the nation. There are over 400,000 acres of Agriculture zoned land within the
County which produce over thirty types of fruits and vegetables. With its farm production base, the Yakima area
is a major food processing region.
Adding to the area's economy are over 250 manufacturing firms in the 'Yakima area that produces a variety of
products including wood products, packaging, plastic products, produce and aircraft parts.
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.
I. 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,
t: 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 1211 QP Snow and Ice Removal Page 7 of 38
Unless otherwise noted, data contained in a proposal, all documentation provided therein, and innovations
developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data,
documentation, and innovations become the property of the Owner.
J. Requests for Public Disclosure
Washington State Public [disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington to promptly
make public records available for inspection and copying unless they fall within the specified exemptions
contained in the Act, or are otherwise privileged. All documents submitted in relation to this Specification shall
be considered public records and, with limited exceptions, will be made available for inspection and copying by
the public. It is the intent of the Owner (City) to post all'RFO/P responses online and available to the public
after the contract is signed.
Marring the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject such
submittal. If, in the Owner's opinion, the material is subject to disclosure, the Owner will notify Proposer of the
request and impending release which will allow the Proposer 10 days from notice to take whatever action it
deems necessary to protect its interests.. All expense of such action shall be borne solely by the Proposer,
including any damages, attorne's fees or costs awarded by reason of having opposed disclosure and Proposer
shall indemnify Owner against same. If the Proposer fails or neglects to take such action within saidperiod, the
Owner will release all materials deemed subject to disclosure. Submission of materials in response to this
solicitation shall constitute assent by the Proposer to the foregoing procedure and the Proposer shall have no
claim against the Owner can account of actions taken pursuant to such procedure;
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 ideas
prepared by the proposer for the proposal to Owner shall be the exclusive property of Owner and may be used
by the Owner at its option.
L. Clarifications and/or Revisions to Specification and Requirements
If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
solicitation, the Proposer has an affirmative duty to immediately notify the Buyer of such concern and request
modification or clarification of the RFQ/P document,
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions
concerning the subject matter of the RFQ/P document(s) shall not be considered unless submitted via e-mail(no
phone calls) to the Buyer listed on page 2, a minimum of five business (5) days prior to the submittal due date.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this RFQ/P, supplements or revisions will be provided to all known Proposers in the form of an Addendum.: All
Addenda are posted on www.yakimawa.gov/services/purchasing and www. ublicuurchase.com and/or sent
directly to interested parties who have registered for updates to this RFO,f P.
If any requirements of the RFQ/P are unacceptable to any prospective Proposer, they may choose not to submit
a proposal.
RFQ/P' 12119QP 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 g 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.
0. Incurring Costs
The Owner is not liable for any cost 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 related 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 a
Notice of Intent to Award, The Owner does not guarantee to purchase any specific quantity or dollar amount.
Proposals that stipulate that the Owner shall guarantee a specific quantity or dollar amount will be disqualified
(e.g; "all -or -Honer`,)
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 -falling snow. The lots to be contracted for clearing are included, but not limited to;
1. Police Department Martin Cueva-Ramirez (0) 5 9-576-67D2; (C) 509-728-6 R9
2. City Hall Randy Pitney 509-575-6265
3. Transit Center Alvie Maxey 509-576-6415
4, Convention Center Connie Upton 5-576-6370
5. Waste Water Collections Marc Cawley 509-249-6854
6. CBD Parking iwots Jay Kendall 509-576-6437
7, Harman Senior Center ken Wilkinson 509-576-6416
R. Parks &'Recreation lien Wilkinson 50-576-6416
Jay Kendall, Streets Operations tread - Office number 09-5 6-6437 (24 hour message)
RFQ/P 12119QP Snow and Ice Removal Page 9 of 3
B. Graders,/Plows Snow Removal Operations
1, Do not plow arterials (main streets) unless specifically instructed by City of Yakima, City crews plow
arterials.
2. Plow your assigned area by priority as instructed` below in Section C.
3. Plow your assigned area in blocks or sub -areas. Complete a 6 to 10 beck 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
dear 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.
S. 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.
7. Do not leave windrows or loose snow in or near intersections. All intersections, particularly on arterials; are
to be completely cleared of snow.
g. You are required to plow 24 hours a day unless otherwise instructed. You are required to notify the City of
Yakima concerning any down time. This includes cutting edges, operator changes, meals, etc. Please
contact the street supervisor or the appropriate inspector regarding dawn time.
q. 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 there when necessary.
11, Operators contact name and phone number (available 4/7).
12. 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.
13. 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 clearers. 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 row, they will be skipped on the
next callout. if the Contractor does not take action to reestablish the schedule within` twenty-four (24)
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 than this contract shall be deemed in default. The City small further
reserve the right to terminate this contract,
15. Prior to the start of each shift Contractor will check in equipment being used with :lay Kendall. Shifts are to
be completed before lam and after 7pm,
16. 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 12119 P 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 days 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
ownersdirectly,
C. Plow Area Priorities
Plow your area by priority as instructed:
1. Priority 1 Arterials and C8D City of Yakima Crew
Priority 2 Secondary/Collectors City of Yakima Crew
. Priority 3 Hospitals Contractor Priority
. Priority 4 Hills/Cautions Areas Contractor Priority°
S. Priority S Schools Contractor Priority
Priority b Transit Routes Contractor Priority 4
D. Dump Trucks for Hauling* Only
Due to a change in the City's Snow & Ice !Control Policy theme may be a need for additional dump tracks. These
trucks may come from contractors included on the "orb call" list for .snow. plowing (Schedule 1) 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 10 yards or lamer
2. Gump trucks will need to have all necessary lights, beacons, reflective markings (for night work on public
roadways) and chains.
. Operators contact name and phone number (available 4/7).
REQUIREMENTSIV. GENERAL
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 1 119QP Snow and Ice Removal Page 11 of 38
Include their 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 ac reditations. Five at least one (1) example of a project where the
staff provided similar services to an organization with needs similar to those 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 terra, the Contractor shall verbally notify the Owner
within twenty-four (24) hours of change and follow up in writing within five (S) 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
olden than one (1) year, or a Financial Statement from their back asserting that Contractor has the Financial
Capability to perform this contract, fawner reserves the right to use father means to substantiate Financial
Capability, e.g. DU reports, RRR, or other means.
F. Paints 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 PROPOSAL
A. General Instructions
The evaluation and selection of a Contractor will be based on the information submitted in the Proposal plus
references, and any on -site visits or best and final offers (R FOs) where requested, Failure to respond to each of
the requirements in the RFQ/P may be the basis for rejecting a Proposal
S. 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 assignedin the RFQ/P with each
heading and subheading should be separated by tabs or otherwise clearly marked.
Tab 1 i Fable of Contents
Provide a table' of contents for the Proposal,
Tab 2 - RF IP Cover Sheet
Complete and sign the Cover Sheet, which is page 2 of this RFQ/P solicitation:
Tab 3 - Transmittal Letter
RFQ/P 1211 QP Snow and Ice Removal Page 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. tatter to include:
1) flame and title of Proposer representative;
) dame, physical and mailing; address of company,
3) Telephone number, fax number, and email address,
4) RFQ/P number and title;
S) A statement that the Proposer believes its Proposal meets all the requirements set forth in the
RFQ/P
b) 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;
) A statement that the individual signing the Proposal is authorized to make decisions as to the prices
quoted and that she/he has not participated and will not participate in any action contrary to the
RFQ/P
Tab 4 — Cost Proposal Information as Identified in Section VII.
Provide all cost information according to the instructions provided. Include all casts for furnishing
equipment and/or service(s) included in this proposal. Identify all assumptions. Failure to provide any
requested information in the prescribed format may result in disqualification of the Proposal. Also include
on a separate sheet under this tab a list of all Optional Services and the price for each service. If service is
not provided please state so
Tatra 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 b - 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 must accept or submit point -by -anoint
exceptions aloe with proposed alternative or additional language for each point. The Owner may or may
not consider any of the Proposers 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-
). Failure to complete and/or provide any required forms may result in disqualification of proposal. The
fist 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 "Perms & Conditions
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 1211 QP 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 RFQP. gate Proposals will not be accepted or evaluated. If you try to submit a Proposal later the
electronic s stern anrill riot reeire 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
w r r.pubhc urch�ase.com or the City of Yakima r ebsite at www.Yak1rnaWA.Gov/Seat!ces Parch sin The
City/County is not responsiblefor 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 ,Hake 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 maim document and uploaded to Public Purchase in a separate file marked
"confidential". All other sections of the response shall be made available to the public immediately after
contract signing, All materials required for acceptance of the Proposal by the deadline must be uploaded to
Public Purchase,
E. Withdrawal of Proposals
Proposers may withdraw or supplement a proposal at anytime 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.
EVALUATION
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:
I. Receipt of a properly completed invoice
2. Receipt of all supplies, equipment or services ordered
B. Satisfactory completion of all contractual requirements
RF P 1211 QP Snow and Ice Removal Page 14 of 38
D. Offer in Effect for Ninety (90) Days
Proposal may not be modified, withdrawn or canceled by the proposer for a ninety (90) day period following
the deadline for proposal submission as defined in the Calendar of Events, or receipt, of best and final offer, if
required, and Proposer so agrees in submitting the proposal.
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 Y kima's Purchasing Manager at 129 No. end St., Yakima, WA
98901, or by fax; 509-576-6 94 or entail to: mama rnayhue@ ak mawa. 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 RF I/P shall be filed at least
five 5) calendar days before the solicitations due date, and protests based on ward or after the award .shall be
filed no less than five calendar 5) days after award Announcement (see below for details). The following steps
shall be taken in an attempt to resolve the protest with the Proposer:
• Step 1. 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 Ill. 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 father
appropriate means, Once the Intent to Negotiate is released by Purchasing, the protest time frame begins. The
timeframe is not based Capon 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.-
0A 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 fawner retains the right to enter into any contract and nothing herein shall be construed to limit that
authority in any manner:
RFQ/P 12.11 Q,P Snow and Ice Removal Page 15 of 3
V11. COST PROPOSAL
A. General Instructions for Preparing Cost Proposals
Proposer must 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 are apples to apples comparison for their resulting contract.
B. Pricing and Miscount
The Owner qualifies for governmental discounts, Unit prices shall reflect these discounts. Unit prices shown on
the proposal or contract shall be the price per unit of sale (e.g., hour, ea.) as .stated on the request or contract.
For any given item, the quantity multiplied by the unit, price shall establish the extended price, the unit price
shall govern in the proposal evaluation and contract administration.
C. Price Clarifications
The Owner reserves the right to clarify any pricingdiscrepancies 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.
RF '"P 1 11 QP Snow and Ice Removal Page 16 of 38
i
i
VIII. PROPOSAL FORM
A. Schedule 1- Snow and Ice Removal Equipment Rates (Attach additional sheet if necessary)
Schedule I — Rates of Cost for each Piece of Manned Equipment
Item Equipment Hourly Rate Overtime Rate
No. year/Manufacturer/Model/VIN
4.
y
S.
1
Labor rates for hand shoveling and application of de-icer (per hours
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 247.
R Qi/P 12119QP Snow and Ice Removal Page 17 of 38
B. Schedule 11- Rates for Dump Trucks (Attach additional shut if necessary).
Schedule 11 Rates for Dump Trucks 10 yards or larger for Snow and IceHaul*
Item Year/ ake/Model/Size/VIN Hourly Rate Overtime Rate
No.>
l .
Contractor will mobilized and ready to start their assigned route within mins./hrs. from confirming call -
out with the City. (Minimum response time to City for call -out is 1 hour){
Contact name and phone number (available 2 /7):
C. Contractor Route Capability
Please indicate which services you are able to perform;
0 -Priority 3 — Hospitals
El Priority zi — bills/Cautions ,areas
0 Priority 5 — Schools
Priority 6 —Transit Routes
2. Number of Routes Capable of Covering:
. Route Preference:
Girder of award will first be made to Contractors that are capable of Dandling the most routes. The City
make every attempt to accommodate route preference where practical; however, such accommoda
cannot be guaranteed.
RFQ/P 12119 P Snow and Ice Removal Page 18 of 38
IX. PROPOSER QUESTIONNAIRE
Page I of 4
INSTRUCTIONS: Provide the requested information, sign and date. if the Owner requires further description, the owner
may request Proposer to provide such information within a mandatory due date. You must submit this completed form
to the Owner with your Proposal. Failure to submit this form fully complete, may result in disqualification of Proposal.
PROPOSER INFORMATION
Proposer's Legal Name;
Company's dba: (if applicable)
CFO/President
Name.
Business Federal
License No. UBI No. FIN No.
Contractor's No, of years contractor has provided avow removal services to a
License No, municipality or similar public agency's (3 years min, required)
Phone ( j Toll Free Phone
FAX ( F-bail Address
Mailing Address
City Mato Zip + 4
Physical Address
City Mate 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
RFCl/P 1 11 QP Snow and ice Removal Page 19 of 3
PROPOSER:
SER QUESTIONNAIRE
Page 2 of 4
OWNERSHIP
Is your firm a subsidiary, parent, holding company„ or affiliate of another firm?
Yes:
No:
Please explain.
FINANCIAL RESOURCES ANI) RESPONS1131LITY
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 years, has a governmental or private entity terminated your
firm's contract prior to contract completion?
Yes,
No:
Please explain
Within the previous five years, has your firm used any subcontractor to perform work
can a government contract when that subcontractor had been debarred by a
governmental agency?
Yes:
No:
Please explain
RFC/P 12119 tP Snow and ice Removal Page 20 of 38
PROPOSER:
PROPOSER QUESTIONNAIRE
Page 3 of 4
DISPUTES
Within the previous five years, has your firm been the defendant in court on a matter related to any of the following?
+ Payment to subcontractors?
Yes: No
Please explain
. Work performance on a contract?
Yes. No
Please explain
Ices your firm have any outstanding judgments,pendin against it'd
Yes- No
Please explain
Within the previous dare years, has your firm been assessed liquidated damages
on a contract?
Yes; N;
Please explain
Has your firm received notice of and/or in litigation about patent infringement for
the product and/or service that your firm is offering to the City?
Yes, No:
Please explain
COMPUANCE
Within the previous five years, has your firm or any of its owners, partners, or
officers, been assessed penalties or found to have violated any laws, rules, or
regulations enforced or administered by e governmental entity? This does not
include owners of stock ifyour firm is a publicly traded corporation.
'es: No:
Please explain
License(s) are rewired 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
RFQ/P'1 119 P $now and Ice Removal
Page 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:
Please explain
Within the previous five years, has a governmental entity or public utility
determined your firm made a false claim or material misrepresentation?
Yes. ; No:
Please explain
Within the previous five years, has your firm or any of its owners, partners or
officers been convicted of a crime involving the bidding on a government
contract, the awarding of a; government contract, the performance of -a
government contract, or of a crime of fraud, theft, embezzlement„ perjury,
bribery? This does not include Owners of stock if your firm is a publicly traced
corporation,
Yes: No:
Please explain
RF 1P 1 119QP 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 minimumof three years of experience is required.
1 Company Name
Address (include Zip + 4
Contact Person Phone No.
Briefly describe experience/dates:
) Company Name
Address (include Zip +
Contact Person Phone No.
Briefly describe experience/dates:
Company Name
Address (include Zip +
Contact Person Phone No.
Briefly describe experience/dates:
RFQ/P 12119QP, Snow and ice Removal Page 23 of 38
is SAMPLE CONTRACT
CITY OF YAKIMA
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 CCity") and , "Contractor").
WITNESSETHI- The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows,
. Statement of Work
The minimum services that the Contractor will provide include services described in RFQIP 1211 QP, which are attached as Exhibit A
hereto and incorporated herein by this reference,
. Compensation
The City agrees to pay the Contractor according to Exhibit E, attached hereto and incorporated herein, whichExhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractor's PFQ/P 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 (0) 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 confirmations 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 became 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 i, 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
ae 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 Nights
All records or papers of any sort relating to the City and to the protect 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 lawn 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.
RFQ/P 1 11 QP Snow and Ice Removal Page 24 of 38
8. Inspection and Production of records
a. The records relating to the Services shall, at all time, 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
perfornriance 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. Contractors records relating to the
Services will be provided to the City upon the City°s request.
b� Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of tate's record
retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examiner
audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by
Contractor under this Contract:
c. ,All records relating to Contractors 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 RCWW, or by law. All records relating to Contractors services under
this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
. Work Made for Hire
All work the Contractor performs under this Contract hall 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 Contract, the Contractor shall deliver these materials to
the City.
10. Compliance with Lawny
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable lawn 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 (BI) number. Contractor must have
a current LIBI number :and not be disqualified from bidding on any public works contract under RCWW 39,06.010 or
X12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 56
ICWW.
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.
RFQ/P 1. 1.1d QP Snow and ice Removal - Page 25 of 38
c� Employer's Liability (Stipp trap)
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 limn of no less than 1, 0 ,000,00. The City shall net be held responsible in any way for claims filed
by Contractor or its employees for services performed under the terms of this Contracts 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 fair 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. 4.115, 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 invalidityshall
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 Request for Proposals No,t 11 Q , 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
Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2,1d St,, Yakima, NSA, 98901, and are hereby
incorporated by reference into this Contact.
17. Termination
a. Termination for Cause: The City may terminate the Contract after providing the Contractor with thirty () calendar days
wntten 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 (0) 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 thiq ( )",calendar days` notice to the Contractor, and the Contractor, providing at
least sixty (bit) calendar days' notice to the City in advance of the intended date of termination,
FQ/P 1211 QP Snow and Ice Removal Page 28 of 38
s,
In the went 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 Cancellations The City reserves the right to cancel the Contract in whole or in part without penalty if the
Contractor:
Breaches or defaults an obligation under the Contract;
Fails to perform any material obligation required under the Contact;
1 Files a petition in bankruptcy, becomes insolvent; or otherwise takes action to dissolve as a legal entity,
. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, -day notice;
Makes an assignment for the benefit of creditors;
. Fails to follow the sales and use tax certification requirements of the State of Washington
. Incurs a delinquent Washington tax liability;
& Becomes a State or Federally debarred Contractor,
g, Is excluded from federal procurement and non -procurement Contracts;
101 Fails 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
e considered cause for immediate cancellation of the Contract for cause by the City.
20. 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 Contract: personnel, labor and
supervision, and technical, professional and other services. All such services, property and other items furnished or required to be
RFt F' 1 11 QP 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)."
21. 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 performedor fum shed by Contractor as part of the services, without any
increase in the compensation otherwise payable under this Contract.`
s Invoicing
The City will use its best efforts to pay each of Contractor's invoices within thirty (30) days after the City's receipt and verification
thereof, provided, however, that all such payments are expressly conditioned upon Contractor providing services hereunder that are
satisfactory to the City. The City will notify the Contractor promptly if any problems are noted with the invoice.
a. Regular Flours: Invoices that do not include overtime charges. To insure prompt payment, each invoice should cite:
1. RFQP number 1 11i9 P,
. Description and date of services,
3. Equipment Number and Hourly bate
Contractor will mail invoices to the City at the following address:
City of Yakima Accounts Payable
129 N 2nd Street
Yakima, WA 9891
b. {overtime Hours: Under the Fair Labor Standards Act (FSkA, 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. Timesheets''
2. Certified Payroll I orksheet (To be used by the City to verity 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.
3„ Prime Contractor
Contractor is the Prime Contractor hereunder, The Prime Contractor shall be the sole paint 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.
24. Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than regular associates or employees of
Contractor shall be engaged on such work or services. Contractor shall not (by contract, operation of law or otherwise) delegate or
subcontract performance of any services to any other person or entity without the prior written consent of the City. Any such delegation
or subcontracting without the City's prior written consent .shall be voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's prior written consent, shall relieve
Contractor of its responsibility to perform the services in accordance with this Contract, Contractor shall be fully responsible for the
RF !''P 12119QP Snow and Ice Removal Page 30 of 38
f. Price Increases
The rags shown on proposal shall be consistently applied and remain firm throughout the first twelve t12 ,month term of the contract.
If requested by the Contractor in writing thirty (ag) days before the anniversary data of each year of the contract, the City will consider
increasing the Contractor's rates, provided proof of O&M (Operating and Maintenance) price increases for fuel cost, labor* cost and/or
vehicle maintenance cost can be furnished to the City. The City, in its sole discretion, will decide whether to approve or deny the rate
increase request or any part thereof within 30 days of receipt of the request, If approved, increase shall take effect 30 days after
approval,
Requests roust be delivered to the City Purchasing Buyer in accordance to the rules above, 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 which is specified by the City in
writing within this Contract or specified within an official written change issued by City Purchasing to this contact, 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,
RF P 1211 t P Snow and Ice Removal i
Pale 32 of 38
. Provision of Services
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with accepted industry
practices, standards and legal requirements, and to the City 's satisfaction; the City decision in that regard shall be final and conclusive.
The City may inspect, observe and examine the performance of the services performed on the City premises at any time. The City
may inspect, observe and examine, the performance of Contractor's services at reasonable times, without notice„ at any other
premises.
a. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ from the Contract
requirements for any reason, other than as a result of the City's default or negligence, the Contractor shall, at its own expense,
reschedule and perform the services correctly within such reasonable time as the City specifies. This remedy shall be in
addition to any other remedies available to the City by lain 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 worst rules.
. Assignment
This Contract, or any interest herein, or claimhereunder, 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 would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that it will not hire
anyone or any entity having such a conflict of interest during the performance of this Contract.
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 of this ,Agreement shall remain in
full force and effect.
, Promotional Advertising r 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. thews releases pertaining to this procurement shall not be made without prior approval of the City. Release of
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 it miservice normally
offered by the Contractor, as long as the price of such additional products is based on the same cosVprofrt 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 mance of the Contract.
RFQ/'P 12119QP Snow and Ice Removal Page 33 of 38
40. Safety Requirements
,All materials, equipment, and supplies provided to the City must comply fully with all safety requirements, federal, stun and locallaws,
ordinances, vales„ regulations as set forth by the State of Washington RCW's, WAC's and all applicable OSHA Standards,
4. 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.
42. Notice of Change in Financial Condition
If, during the Contract Terra, the Contractor experiences a change in its financial condition that may affect its ability to perform under
the Contract, or experiences a change of ownership or control, the Contactor shall immediately notify the City in writing. Failure to
notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract
termination,
43.
Facility Security
The City may P��ibit Oht� to any secure faciiii or 6�mcv� from fAni,
ON
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r
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47. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the Mate of Washington,
48. 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,
49. 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,
RFO,/P 1 119QP Snow and Ice Removal Page 34 of 3
58. Change or Notice
Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no change without such
signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in
excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three () 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 () 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 under and related to this Contract shall be in writing and sent to the parties at their addresses a
follows:
TO CITY. Be Harrison, City Manager TO CONTRACTOR:
City of Yakima
129 N Second Street
Yakima, WA 98901
COPY TO: Cite of Yakima Purchasing
Christina Payer, Boyer 11
129 N Second Street
Yakima, WA 98901
51. Survival
The foregoing sections of this Contract, -50 inclusive, shall survive the expiration or termination of this Contract in accordance with
their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA [ENTER CONTRACTOR NAME)
By:
City tanager
Date: ; Gate:
Attest: (Print name)
City Clerk
RF# P 12119QP Snow and Ice Removal Page 35 of 39
EXHIBIT
RESPONDENTS TS UST FOR PROPOSAL
EXHIBIT
COST PROPOSAL (COMPENSATION)
RFQ/P 12119QP Snow and Ice Removal Page 36 of 38
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11m, Own* Wsdn 531�P GAP/ �L ONLY
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CRY d yakmk ft swis, simptyees, aurtartosd vaunwors, elected and Appoint" aftats we Inaddavial
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End4rwmwa-
CERTIFICATE HOLDER CANCELLATM
SROULD ANY OF THE ABOVE DESCRIBES POLICIES BE CANCELLED BEFORE
THE EXPINATtON DATE THEREOF, NOTICE WILL BE; DELIVERED IN
Cry of yakbna ACCORDANCE An" E POLICY PROVISIONS,
Purmastv DeparrrrAnt
120 N St YN a rAia
Yak' U' WA O I SJONATUAE
9 015 ACORD CORPORATION. AN rights en.
ACORD 25 (201910) The ACORD name and loon are rogisterod mawks of ACORD
RFQ/P:1 11 QP Snow and Ice Removal Page 37 of 38
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 210074
THIS ENDORSEMENT S THE POLICY. PLEASE IT CAREFULLY.
ADDITIONAL I — OWNERS, LESSEES
ORGANIZATIONCONTRACTORS - SCHEDULED PERSON OR
This endorsement modifies insurance provided cruder the fbillowing-
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Larne Of Additional InsuredPerson(s)
Or Or ani ation r Location Of Covereq.2plEatione
The City of Yakima„ its agents, employees, authorized
voilunteers, elected and appointed officials am included
as ` arylN iu- ontrib utory additional. insured.
mfbrm9§MMuked,1q complete this Schedulie if nwotishhown,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 are additional insured the p' n{s) or additional insureds, the following additional e etu-
organi ' rrts shown in the Schedule,,but only %ions apply,
with respect to liability for "bodly injury 2 "property
damage" r ' "personal and advertising injur ' "property
insurance ddoes cur apply to 'bodily injury" or
�, a damage" occurring r:
caused, in whole or in dart" by.:
t. Your air ori „car: 1. ,ill work, including materials, ' pa or dip_
t himished in connection with'such work,
* The sets or omissions of those acting on your on the protect (other than service, maintenance
behalf-, or repairs) to be performed by or on behalf of
in the performance of your ongoirig operations for the additional insured(s) location of the
the additional insured(s) at the to Lien(s) de i - covered operations has been completed; or
nated 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 en-
gaged in performing operations for a principal
as a part of the saute protect
CG ti td 07 04 0 ISO Properties, Inc., 2004 gage t of t 13
RFQ,/P 12119 P Stour and Ice Removal Rage 38 of 38
(Contractor's Bid Fora
ill. PROPOSAL FORM
A. schedule I - Snow and Ice Removal Equipment Rates(Attach additional sheet if recess
Schedule — Rates of Cost for eachPiece
Item Equipment Hourly Rate
Overtime Rate
Year anufacturerl odel/VI
1.
oo
n
'I.
1
1
l
I
]fh
Labor rate for hand shoveling and application of de-icer (per hour)
Contractor will mobilized and ready to start their assigned route within reins./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 / :
AT �kkay+—
RFQ/P 1 119QP Snow and Ice Removal Page 17 of 38
S. Schedule 11- Rates for Dump Trucks (Attach additional sheet if necessary).
-Schedu'W 11 bates; for Dump trucks 10 yards or larger for Snow and Ice Hauling
stern Year] ake tv odel/5ize N H1 rly hate Overtime Rate
No.
t00
4.
5.
Contractor will mobilized and ready to start their assigned route within mins, r from confirming call -
out with the City, (Minimum response time to City for call -out is 1 hour),
Contact name and phone number (available 2 / ): r- "" SIR
C. Contractor Route Capability
1. please indicate which services you are able to perform:
Priority 3 — Hospitals
00, Priority 4 — bills/Cautions Areas
Priority S — Schools
Ste Priority 6 —Transit it Routes
2. Number of Routes Capable of Covering:
3. Route Preference: + V4144
Order of ward will first be made to Contractors that are capable of handling the most routes. The City will
make every attemptto accommodate route preference where practical, however, such accommodation
cannot be guaranteed,
R € /P 12119QP, Snow and Ice Removal Page 18 of 38