HomeMy WebLinkAbout911 Supply Inc. - Agreement for Transit Uniforms AGREEMENT
CITY OF YAKIMA
12202 Transit Uniforms
THIS AGREEMENT,entered into on the date of last execution, between the City of Yakima,a Washington municipal corporation
("City"), and 911 Supply Inca("Contractor„).
WITNESSETH. The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Statement of Work
The Contractor shall perform all work and service(s)and furnish all tools, materials, labor and equipment(collectively referred to
as-Services")according to the procedure outlined in Bid 12202 Transit Uniforms Specifications which are attached as Exhibit
A, and the most recent edition of the ASTM/ANSI and NSF Standards,all of which are incorporated herein by this reference, and
shall perform any alterations in or additions to the work provided under this Contract and every part thereof.
Delivery shall be made within 15 days after receipt of each order.
The Contractor shall provide and bear the expense of all equipment:work and labor of any sort whatsoever that may be
required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as
are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes
the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner
and upon the conditions provided for the Contract
3. Contract Term
The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the
Contract on a year to year basis for up to four(4)additional years, Contract extensions shall be automatic, and shall go into effect
without written confirmation, unless the City provides notice at least 30 days prior to the anniversary of the Contract's effective
date that the contract will not be renewed.
4. Agency Relationship between City and Contractor
Contractor shall,at all times, be an independent Contractor and not an agent or representative of City with regard to performance
of the Services. Contractor shall not represent that it is. or hold itself out as. an agent or representative of City. In no event shall
Contractor be authorized to enter into any agreement or undertaking for. or on, behalf of City.
5. 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.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of
public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time
disclose that information without the express written consent of the City.
7. 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 (or failure or delay in making) such inspection or approval shall not relieve Contractor of
responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's
knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor
shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the
City. Contractor's records relating to the Services will be provided to the City upon the City's request
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.
c. All records relating to Contractor's services under this Contract must be made available to the City. and the records
relating to the Services are City of Yakima !Yakima County records. They must be produced to third parties. if
required pursuant to the Washington State Public Records Act. Chapter 42.56 RCW.or by law. All records relating
to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required
pursuant to the Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,and shall be the property of the City.
The City shall own any and all data, documents, plans. copyrights, specifications, working papers, and any other materials the
Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver
these materials to the City.
9. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the
date of completion and acceptance of the Services.
10. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws,
rules, and regulations adopted or promulgated by any governmental agency or regulatory body. whether federal. state, local. or
otherwise. Contractor shall procure and maintain 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 maintain a City of Yakima Business License and pay all
charges,fees. and taxes associated with said license.
b. Cortractor must provide proof of a valid Washington department of Revenue state excise tax registration number,
as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification(UBI)number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39 06.010
or 39.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title
50 RCW.
e. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers to qualify
in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of
Yakima at their own expense. without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made. prior to conducting any business in the City.
11. Nondiscrimination Provision May be Superseded by Federal Civil Rights Requirements Clause(Attachment A andior 8)
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age,
marital status,sexual orientation,gender identity, pregnancy, veteran s status, political affiliation or belief,or the presence of any
sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment. upgrading, demotion. transfer, recruitment,
advertising,layoff or termination, rates of pay or other forms of compensation,selection for training,and the provision of Services
under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules,
regulations, or orders, this Contract may be cancelled.terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for any future City contracts
12. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have
inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their essential job functions cannot
disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information,
unless the disclosure is(a)in response to a formal complaint or charge,(b)in furtherance of an investigation,proceeding,hearing,
or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish
information.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
The Contractor agrees to release, indemnify,defend,and hold harmless the City,its elected and appointed officials.
officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses,
damages. and expenses related to all claims. suits, arbitration actions, investigations, and regulatory or other
governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or
omissions of the Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement, except
for claims caused by the City's sole negligence. The City's right to indemnification includes attorney's fees costs
associated with establishing the right to indemnification hereunder in favor of the City.
b. If any suit,judgment.action,claim or demand arises out of.or occurs in conjunction with,the negligent acts and/or
omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents,
attorneys or volunteers, pursuant to this Contract,each party shall be liable for its proportionate share of negligence
for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable
attorneys' fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for
the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation
on the amount of damages,compensation or benefits payable to or by any third party under workers'compensation
acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors,
and anyone directly or indirectly employed or hired by Contractor. and anyone for whose acts Contractor may be
liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any
immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective
employees. The Parties acknowledge that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Contractor and the City. the Contractor's liability, including the duty and cost
to defend, shall be only to the extent of the Contractor's negligence
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification
in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract. Contractor shall secure and maintain in effect insurance to
protect the City and Contractor from and against any and all claims.damages. losses, and expenses arising out of or resulting
from the performance of this Contract.
Contractor shall provide and maintain in force insurance in limits no less than that stated below,as applicable. The City reserves
the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate
of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured
endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City,
prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such
insurance.
Contractors 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 neither the City nor its insurance providers shall contribute to any settlements, defense costs. or other payments
made by Contractor's insurance.
If at any time during the life of the Contract,or any extension, Contractor fails to maintain the required insurance in full force
and effect. all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may
be sufficient cause for the City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties. Contractor shall provide the City with a certificate of insurance
as proof of commercial liability insurance with a minimum liability limit of One Million Dollars (S1,000,000.00) per
occurrence, combined single limit bodily injury and property damage, and One Million Dollars ($1.000,000.00)
general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of
Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and
volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured
endorsement shall name the City of Yakima, its elected and appointed officials,employees. agents, attorneys and
volunteers as additional insureds.and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City prior written notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein,
as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall
not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties. Contractor shall provide the City with a certificate of insurance
as proof of automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per
occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance
and Endorsements and the City. its elected and appointed officials. employees, agents. attorneys and volunteers
shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy
shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as
additional insureds. and shall contain a clause that the insurer will not cancel or change the insurance without first
giving the City prior wntten notice. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City
of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto
liability shall include Hired and Non-Owned coverage if necessary
c. Employer's Liability(Stop Gap)
Contractor and all Subcontractor(s)shall at all times comply with all applicable workers'compensation,occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of
this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims
resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have
insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit
Contractor's liability or responsibility.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid,such invalidity
shall not affect other terms,conditions or applications which can be given effect without the invalid term, condition or application.
To this end.the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12202 Transit Uniforms Scope of Work, conditions, addenda, and modifications and
Contractors proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are
complementary. Specific Federal and State laws and the terms of this Contract. in that order respectively, supersede other
inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2^c St.,Yakima,
WA, 98901, and are hereby incorporated by reference into this Contract.
17. Termination 'Pay be Superseded by Federal Termination Clauses tAttacnment A and/or 8)
Termination for Cause
In the event the Contractor breaches this Contract.the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract,the Contractor may terminate the Contract at its sole discretion in such event that
it provides the City with written notice of City's breach and the City failes to cure its breach of the Contract within 60 days of this
notice.
The following represents a non-exclusive. illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults on an obligation under the Contract:
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent,or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington,
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts:
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract:
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee: or
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice 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 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 30 days of written notice
to the Contractor requesting the refund.
Change in Funding
In addition to the above termination provisions, 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. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required,the City, pursuant to City
ordinance. may re-award the contract to the next most responsible Proposer within 120 days from original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract,or when the contract is
terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most
responsible Proposer within 120 days from original award.
20. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God. fire, strikes,epidemics/pandemics, war, not. delay in
transportation or railcar transport shortages,provided Contractor notifies the City immediately in writing of such pending or actual
delay. Normally, in the event or any such delays(acts or God, etc.)the date of delivery will be extended for a period equal to the
time lost due to the reason for delay.
21. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
22. 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.
23. 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.
24. Notice of Change in Financial Condition
If,during the Contract Term,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 Contractor 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.
25. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by
both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general
scope and intent of the original Request for Proposals or in excess of 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(3)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
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 as follows:
TO CITY: COPY TO: TO CONTRACTOR:
Alvie Maxey Susan Knolls,CPPO,CPPB, NIGP-CPP l?e\-e..4- Cove
Transit Manager Buyer II SaaGs tM,40•r►.o
City of Yakima City of Yakima Sa elv
2301 Fruitvale Boulevard 129 North 2nd Street Kto t R:v a.r iitik !I•
Yakima WA,98902 Yakima,WA 98901 Kt.;zc r i Da. o'17 3o 3
26. Survival
The foregoing sections of this Contract, 1-26 inclusive,shall survive the expiration or termination of this Contract in accordance with
their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY 0 YAKIMA
911 SUPPLY INC.
�✓� By: -
City Manager
Date: � ( 1 I %-)l.'3 2 Date: o349 2Z
CITY CONTRACT NO OcA '-0 `.1 �rJ�
RESOLUTION NO: it/C� Cer
Attest: '`—� (Print name)
/J C
it R erk ;�
w
EXHIBIT A
Transit Uniforms
SCOPE OF WORK
City of Yakima
NOTICE TO BIDDERS
BID 12202
Notice is hereby given by the undersigned that electronic sealed Bids will be
accepted via PublicPurchase.com until the hour of 11:00:00 AM PST on March 4,
2022. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N.
2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read
for: City of Yakima Transit Uniforms
Instructions to register with PublicPurchase.com are available at
www.yakimawa.gov/services/purchasing.
The City of Yakima reserves the right to reject any & all BIDs. The City hereby
notifies all Bidders that it will affirmatively ensure compliance with WA State
Law Against Discrimination (RCW chapter 49.60) & the Americans with
Disabilities Act(42 USC 12101 et set.)
The City of Yakima has established a Disadvantaged Business Enterprise (DBE)
program in accordance with regulations of the Department of Transportation
(DOT) 49 CFR Part 26. It is the policy of the City to ensure that DBE's, as defined
in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-
assisted contracts. The City's current goal proposes that 0% of all DOT funds
expended in DOT-assisted contracts will be let to certified DBE firms that are
available, willing, and able. The City of Yakima hereby notifies all proposers that
it will affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full
opportunity to submit proposals in response to this invitation and will not be
discriminated against on the grounds of race, color, sex, sexual orientation, or
national origin in consideration for an award.
Dated February 18, 2022. Publish on February 18& 19, 2022
Susan Knotts, CPPO, CPPB, NIGP-CPP
Buyer II
12202 Transit Uniforms
CITY OF YAKIMA INVITATION TO BID 12202
COVER SHEET
THIS IS NOT AN ORDER
BID Release Date: February 18, 2022
Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into
PublicPurchase.com no later than the date and time listed below. Register as early as possible and do not wait until the due
date to upload your documents. as this may take some time Late Bids will not be accepted or evaluated. If you try to submit a
Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety(90)days
from date of Bid opening, unless otherwise noted
BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For: Buyer in charge of this procurement(Contact for further information):
City of Yakima Transit Department Susan Knotts, CPPO, CPPB, NIGP-CPP
2301 Fruitvale Boulevard Buyer II
Yakima, WA 98902 y
Bids Must be completely uploaded by: Phone E-Mail Address
March 4, 2022 at 11:00:oo AM PST (509)575-6095 Susan.KnottsAYakimaWA.Gov
Public Opening II
PROJECT DESCRIPTION SUMMARY
Transit Uniforms
Enter Prompt Payment Discount: %net days We/I will complete delivery within days after receipt of
order.
Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required.
❑I hereby acknowledge receiving addendum(a) . (use as many spaces as addenda received)
In signing this Bid we also certify that we have not,either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken
any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has
been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to
the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury.
Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or
services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any
responsibility or involvement in the purchase orders or contracts issued by other public agencies.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid.
Company Name Company Address
Name of Authorized Company Representative(Type or Print) Title
Phone (
Fax (
Signature of Above Date Email Address
12202 Transit Uniforms
Invitation to Bid#12202
I. Contents
I. Contents 3
II. GENERAL INFORMATION 5
1. Purpose 5
2. Contracting Agency and Point of Contact 5
3. New and Unused 5
4. Best Modern Practices 5
5. Equal/Approved Equal 5
6. Exceptions 5
7. Ordering 6
8. More or Less 6
9. Sizing 6
10. Published List Prices 6
11. Shipping 6
12. Delivery and Delivery Acceptance 6
13. Delivery of Unapproved Substitutions 6
14. Contract Term 6
15. Pricing and Discount 7
14. Price Clarifications 7
15. Price Increases 7
16. Price Decreases 8
17. Expansion Clause 8
18. Warranty 8
19. Warranty Coverage 8
20. Permits 8
21. Regulations and Codes 8
22. Prompt Payment 8
23. Payments 9
24. Payment Method-Credit Card Acceptance 9
25. Acceptance of Terms 9
26. Sales Tax 9
27. Tax Revenues 9
28. Clarifications and/or Revisions to Specification and Requirements 9
29. Incurring Costs 10
30. No Obligation to Contract 10
31. Retention of Rights 10
32. Points Not Addressed 10
33. Other City Departments/Like Items Added 10
12202 Transit Uniforms
34. Products Bought from Different Supplier 10
35. Re-Award 10
36. Errors and Omissions 11
37. Changes 11
38. Federal Funding 11
39. Samples 11
40. Descriptive Literature/Brochures 11
III. PREPARING AND SUBMITTING A BID 11
1. General Instructions 11
2. Submitting a Bid 11
3. Prohibition of Bidder Terms&Conditions 12
4. Multiple Bids 12
5. Withdrawal of Bids 12
IV. BIDDERS CHECKLIST 12
V. EVALUATION AND CONTRACT AWARD 12
1. Bid Evaluation 12
2. Offer in Effect for Ninety (90) Days 12
3. Protest Procedure 12
VI. TECHNICAL SPECIFICATIONS 13
VII. BID FORM 15
VIII. VENDOR QUESTIONNAIRE 24
IX. SAMPLE CONTRACT 26
ATTACHMENT A. Federal Funding 34
ATTACHMENT B. FTA 3RD Party Contract Clauses 43
12202 Transit Uniforms
INVITATION TO BID #12202
Transit Uniforms
II. GENERAL INFORMATION
1. Purpose
It is the intent and purpose of these specifications to describe Uniforms for the Transit Division in sufficient
detail to secure bids on comparable units, equipment parts and material. All parts, which are necessary in order
to provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength,
quality of workmanship and material to that which is usually provided the trade in general. Any variance from
the specifications or standards of quality must be clearly pointed out in writing by the Bidder.
2. Contracting Agency and Point of Contact
This BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID
process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this
BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other
personnel performing official business for the City regarding this BID shall be made through the Buyer listed on
page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process
and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of
the Bidder.
3. New and Unused
All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current
production. All materials shall have physical and chemical properties to withstand the intended purpose.
Equipment design shall have sufficient excess capacity for durability and safety.
4. Best Modern Practices
All work, including design, shall be performed and completed in accordance with the best modern practices,
further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof
may not be made in these specifications.
5. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved
equal means that the make, model or trade name will be given consideration if they fulfill the same
performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall
clearly identify make, model or trade name of equipment bid on the bid form. Any equipment proposed as an
equal to that herein specified must be substantiated with supporting data to justify such request for
substitution.
6. Exceptions
Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all
exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE
SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these
specifications regardless of cost to the successful bidder.
Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to
devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage.
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7. Ordering
The City will make an effort to place orders in groups on a quarterly basis, but occasionally order may be placed
every other month. Jackets and sweaters are usually ordered in groups to meet minimum order requirements.
Please refer to Section 8, More or Less, below.
8. More or Less
Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids
shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm
estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will
be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated
amounts.
9. Sizing
Staff will take steps to ensure sizes ordered are correct. If the vendor is local,staff may request that their
measurements be taken at Vendor's location. Vendor will not be expected to accept returns unless garment(s)
arrive in damaged condition or are not per specifications. No restocking fee will be allowed.
10. Published List Prices
If applicable, a copy of your published list prices shall be included in the Bid package. Each Bidder shall bid a
percentage discount based on this published list in the space provided on the Price/Cost Sheet.
It is understood that the discount quoted on this Bid shall be based on the attached published list price and
these shall be the prices paid during the life of the contract.
11. Shipping
All items are to be priced with shipping included. Unit prices bid must include all transportation, delivery and
unloading costs fully prepaid F.O.B. destination, inside delivery.
12. Delivery and Delivery Acceptance
Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made
at the destination, in terms of time interval, following placement of order. Time of delivery/completion is
important and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar
days may be sufficient grounds for rejection of Bid.
Delivery will be accepted by the City of Yakima FOB Transit Division, 2301 Fruitvale Boulevard, Yakima
Washington, 98902, between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday, ready for regular
use.
13. Delivery of Unapproved Substitutions
Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders
placed by the City reveals that an item other than those covered by and specified in the contract have been
ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s)
returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and
discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name
from the City bid list for a period of up to three(3)years.
14. Contract Term
See Section 3 of Contract
The period of this contract shall be for a period of one year from its effective date. Contract may be extended
on the anniversary date for one(1)additional one(1)year periods, not to exceed five (5)years total.
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15. Pricing and Discount
The City qualifies for governmental discounts. Unit prices shall reflect these discounts.
14. Price Clarifications
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders.
Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can
be achieved.
Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on
the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the
unit price shall govern in the Bid evaluation and contract administration.
Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the
proposed effective date of the price increase, and shall be limited to fully documented cost increases to the
Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be
granted shall be expressed in Bid documents and contracts or agreements.
15. Price Increases
Pricing shall be prepared with the following terms. The Purchasing Manager may exempt these requirements
for extraordinary conditions that could not have been known by either party at the time of bid or other
circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager.
Prices shall remain firm for the first twelve month period of the contract.
Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below.
No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City
with pricing above that specified by the City in writing within this Contract or specified within an official written
change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not
constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or
would withhold such overpayment from future invoices.
A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below
Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the
contract. As manufacturer list prices change, the net price to the City will automatically change in
the same percentage as the discount rate to the City.
B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply.
Original pricing shall be fixed and firm for the first year of the contract.
Price requests are at the discretion of the Purchasing Manager;and must also be:
a. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a
raw material delivered directly to the City such as brass, the increase must be verified
at the supplier level).
b. Incurred after contract commencement date.
c. Not produce a higher profit margin than that on the original contract.
d. Clearly identify the items impacted by the increase.
e. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the
effective date of proposed increase.
f. Be accompanied by detailed documentation acceptable to the Purchasing Manager
sufficient to warrant the increase.
g. Should not deviate from the original contract pricing scheme/methodology.
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The United States published indices such as the Producer Price Index or other government data may be
referenced to help substantiate the Contractor's documentation. A link to the PPI Commodity Data is available
at http://data.bls.gov/PDQ/outside.isp?survey=wp. The adjustment (if any) shall remain firm and fixed for at
least 365 days after the effective date of the adjustment.
16. Price Decreases
During the contract period and any renewals thereof, any price declines at manufacturer's level shall be
reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the
bidder.
17. Expansion Clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other
item(s) normally offered by the bidder, as long as the price of such additional products is based on the same
cost/profit formula as the listed item(s), At any time during the term of this contract, other City departments
may be added,if both parties agree.
18. Warranty
Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against
defects or faulty workmanship and materials by the Contractor for one (1) year following inspection and
acceptance of the products by the City.Warranty shall include all costs incurred,including shipping,for repair or
replacement except that which is damaged by misuse or abuse. This one-(1)year warranty shall in no way affect
normal extended or manufacturer's warranty exceeding this one (1) year period. Contractor warrants that all
goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are
merchantable, good workmanship, free from defect, comply with all applicable safety and health standards
established for such products, all goods are properly packaged, and all appropriate instructions or warnings are
supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor
shall replace the product at their own expense, including shipping charges. Any replacement product will be
warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the
Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation
of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer,
production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more
favorable warranties,service policies,or similar undertaking of Contractor)shall survive delivery, inspection, and
acceptance of the goods or services.
Bidders are to submit a copy of all warranties for products being offered with their response. A copy of the
warranties shall also accompany delivered products.
19. Warranty Coverage
Warranty coverage will not commence until the date the items are put into service as reported by the City; or
thirty(30)days after final payment for the unit(s);whichever occurs first.
20. Permits
All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the
City.
21. Regulations and Codes
To the extent applicable, all products or materials shall comply with Washington State vehicle regulations,
Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes.
22. 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:
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• Receipt of a properly completed invoice
• Receipt of all supplies,equipment or services ordered
• Satisfactory completion of all contractual requirements
23. Payments
Contractor is to submit properly completed invoice(s)to:
City of Yakima Transit Division
Attn:Jessica Bland
2301 Fruitvale Boulevard
Yakima,WA 98902
To insure prompt payment each invoice should cite purchase order number, bid number, description of item
purchased, unit and total price, discount terms and include the Contractor's name and return remittance
address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the goods, (b)
properly completed invoice,and (c)all papers required to be delivered with goods.
24. Payment Method—Credit Card Acceptance
The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this
agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be
required to have the capability of accepting the City's authorized procurement card as a method of payment.
No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of
payment.
25. Acceptance of Terms
Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of,
and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and
in the attached equipment specification(s); including all penalties mentioned.
26. Sales Tax
The City of Yakima's Sales Tax rate is currently 8.3%. However,the amount of sales tax will not be considered in
determining which bid is the lowest and best bid.
27. Tax Revenues
RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies,
materials, and equipment, including those from a local sales tax or from a gross receipts business and
occupation tax, in determining which bid is the lowest bid, after the tax revenue has been considered.
28. Clarifications and/or Revisions to Specification and Requirements
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or
clarification of the BID document.
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions,or additions
concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no
phone calls)to the Buyer listed on page 2, a minimum of five(5)business days prior to the submittal due date.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All
Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who
have registered (per instructions on website)for updates to this BID.
If any requirements of the BID are unacceptable to any prospective Bidder,they may choose not to submit a Bid.
12202 Transit Uniforms
29. Incurring Costs
The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not
limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site
visits or any other activities related to responding to this BID.
30. No Obligation to Contract
This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the
right to cancel or reissue this BID in whole or in part, for any reason prior to the issuance of a Notice of Intent to
Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that
the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".)
31. Retention of Rights
The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these
specifications, and which would be in the best interest of the City and will not necessarily be bound to accept
the low bid.
All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared
by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option.
32. Points Not Addressed
Bidders are encouraged to list any points not addressed in these specifications that they feel improve or
enhance the operation of their units.
33. Other City Departments/Like Items Added
At any time during the term of this contract, or any extension thereof, other City departments may be served
under these same terms and conditions. Additional like items may be added at the request of the Purchasing
Manager.
34. Products Bought from Different Supplier
Should the Contractor be unable to or refuse to supply products and items, on any given day, against this
predetermined delivery schedule to which the supplier has agreed and the City is forced to order items or
products from a different supplier, the difference in the Bid price of the products or items and that paid the new
supplier, shall be charged to and paid for by the Contractor holding the Bid award for these products.
Contractor shall not, however, be responsible for delays in delivery due to:
• Unavoidable mechanical breakdowns
• Strikes
• Inability to secure component materials
• Acts of God
• Fire
Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In
the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the
reason for the delay.
35. Re-Award
When the contract is terminated by the City or the Contractor upon providing the written notice as herein
required, the City, may re-award the contract to the next most responsible bidder. When a vendor is unable to
supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by
the City for cause as herein provided, the City reserves the right to re-award the contract to the next most
responsible bidder.
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36. Errors and Omissions
The City reserves the right to correct obvious ambiguities and errors in the Bidder's bid submittal and to waive
non-material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended
total price,the unit price shall govern.
37. Changes
Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior
approval. If approved, she will make the change by a contract modification that will become effective upon
execution by the parties hereto. Any oral statement or representation changing any of these terms or
conditions is specifically unauthorized and is not valid.
38. Federal Funding
On the basis of the federal funding that may be part of the funding for the goods and services provided by the
Contractor under this Agreement, and to assure compliance with all federal regulations associated with services
compensated with federal funds, the Contractor must also comply with the specific provisions of
Common Rule, the Office of Management and Budget (OMB) 2 CFR 200, and the Federal Transit Administration
(FTA) regulations, policies, procedures and directives, which are fully incorporated herein. The Contractor's
failure to so comply shall constitute a material breach of this Agreement.
If there is any conflict between the terms expressed in this primary Agreement and those set forth in 2 CFR 200
and/or the ETA requirements, the terms and conditions of the most stringent clause shall prevail.
39. Samples
Samples of items, when required, must be furnished free of expense to the City, and if not destroyed by tests
will, upon request, be returned at the bidder's expense.
40. Descriptive Literature/Brochures
Please include descriptive literature identifying product bid.
III. PREPARING AND SUBMITTING A BID
1. General Instructions
Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis
for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive.
2. Submitting a Bid
Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of
this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will
not receive it.
If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will
be opened on the next business day of the City,at the originally scheduled hour
Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic
Iockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to
www.publicpurchase .on-, or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City
is not responsible for late bids due to operator error, electronic malfunction, system errors or interruptions
affecting the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to
make exceptions for extenuating circumstances.
Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All
sections of the response shall be made available to the public immediately after contract opening.
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3. Prohibition of Bidder Terms&Conditions
A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid.
If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a
nonresponsive counteroffer,and the Bid may be rejected.
4. Multiple Bids
Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for
Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page
of their response.
5. Withdrawal of Bids
Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously
submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up
to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until
contract award.
IV. BIDDERS CHECKLIST
1. Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance
with Section III -Preparing and Submitting a Bid
• Cover Sheet/Signature Page Page 2
• Warranty Information Page 8
• Bid Form Pages 16-22
V. EVALUATION AND CONTRACT AWARD
1. Bid Evaluation
The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be
made to a responsible Bidder with the lowest responsive Bid. All Bids shall be evaluated against the same
standards. The Bids will first be reviewed to determine if they contain the required forms, follow the submittal
instructions and meet all mandatory requirements. Evaluation of Bids and determination of Bidder responsibility
shall be based on cost, past experience with Bidder, proposed manufacturer's service availability, product
availability, equipment design and functionalism, effect on productivity, and Bidder's supporting
documentation.
2. Offer in Effect for Ninety(90) Days
A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the
deadline for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a
bid.
3. Protest Procedure
Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal
protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA
98901, or by fax: 509-576-6394 or email to: maria.mayhue@yakimawa.gov The protest shall clearly state the
specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being
requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five
(5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed
12202 Transit Uniforms
no more than five calendar(5) days after Award Announcement(see below for details).The following steps shall
be taken in an attempt to resolve the protest with the Bidder:
Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All
available facts will be considered and the Purchasing Manager shall issue a written decision.
Step II. If unresolved,within three(3) business days after receipt of written decision,the protest may be
appealed to the Department Head by the Purchasing Manager.
Step Ill. If still unresolved, within three (3) business days after receipt of appeal response, the protest
may be appealed to the Executive. The Executive shall make a final determination in writing to the
Protester.
Award Announcement
Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other
appropriate means. Once the Award is released by Purchasing,the protest time frame begins. The timeframe is
not based upon when the bidder received the information, but rather when the announcement is issued by
Purchasing.
Award Regardless of Protest
When a written protest against making an award is received, the award shall not be made until the matter is
resolved, unless the City determines that one of the following applies:
• The supplies or services to be contracted for are urgently required;
• Delivery or performance will be unduly delayed by failure to make award promptly;
• A prompt award will otherwise be advantageous to the City.
If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for
the award. Written notice of the decision to proceed shall be sent to the protester and others who may be
concerned.
The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority
in any manner.
4. Sample Contract and Terms and Conditions
The Sample Contract provided with this Bid Specification represents the terms and conditions which the City
expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point
exceptions along with proposed alternative or additional language for each point. The City may or may not
consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and
Conditions will occur only if the change is in the best interest of the City.
VI.TECHNICAL SPECIFICATIONS
The Bidder must provide a detailed description of each major component of their proposed system. At a minimum,
these descriptions shall take into consideration the specifications outlined in this Technical Specifications section.
Bidders are reminded to provide point-by-point responses to all specifications. Any additional work found necessary
that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor
Required".
1. Embroidered Logo:
All shirts, sweaters,jackets,and caps require embroidery. The City of Yakima does not own a DST of the Yakima
Transit Logo. Standard logo image below.
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Standard Logo
Left Chest
Approximately 3.75 x 1.5
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12202 Transit Uniforms
ATTACHMENT A
1. Federal Funding
When spending Federal Funding, the City complies with and has a separate policy for "Uniform Administrative
Requirement, Cost Principals, and Audit Requirements for Federal Awards", published in Title 2 of the Code of
Federal Regulations, (2 CFR 200), specifically 2 CFR 200.318 through 200.326. ALL GRANTS ARE DIFFERENT, so
one size does not fit all. Some grants simply require you to use your own procurement rules, while others
require you to insert their contracting clauses into your contract.
2 CFR 200 Procurement Standards for when utilizing Federal Funds
(Adapted to comply with 200.318 through 100.326)
200.318 General procurement standards.
200.319 Competition.
200.320 Methods of procurement to be followed.
200.321 Contracting with small and minority businesses. women's business enterprises, and labor surplus area
firms.
200.322 Procurement of recovered materials.
200.323 Contract cost and price.
200.324 Federal awarding agency or pass-through entity review.
200.325 Bonding requirements.
200.326 Contract provisions.
1. General procurement standards. (Adapted from §200.318)
A. Conform to Federal Law: The City uses its own documented procurement procedures which reflect applicable
State. local, laws and regulations, providing for procurements that conform to applicable Federal law and the
standards identified in these Procurement Standards.
B. Oversight: City Attorney shall maintain oversight when procuring Equipment, Materials. Services and Limited Public
Works, to ensure that contractors perform in accordance with the terms, conditions. and specifications of their
contracts or purchase orders.
C. Conflict of Interest: City maintains written standards of conduct covering conflicts of interest and governing the
actions of its employees engaged in the selection, award and administration of contracts in the City. In addition, no
employee, officer, or agent may participate in the selection, award. or administration of a contract supported by a
Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the
employee, officer, or agent, any member of his or her immediate family. his or her partner, or an organization which
employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible
personal benefit from a firm considered for a contract.
The officers, employees. and agents of the City may neither solicit nor accept gratuities. favors, or anything of
monetary value from contractors or parties to subcontracts.
D. Organizational Conflicts of Interest: If the City has a parent, affiliate, or subsidiary organization that is not a state,
local government. or Indian tribe, the City maintains written standards of conduct covering organizational conflicts of
interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or
12202 Transit Uniforms
subsidiary organization, the City entity is unable or appears to be unable to be impartial in conducting a
procurement action involving a related organization.
E. Most Economical Approach: The City must avoid acquisition of unnecessary or duplicative items. Consideration
should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where
appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to
determine the most economical approach
F. Intergovernmental Procurements: To foster greater economy and efficiency, and in accordance with efforts to
promote cost-effective use of shared services across the Federal Government, the City is encouraged to enter into
state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use
of common or shared goods and services.
G. Federal Surplus: The City is encouraged to use Federal excess and surplus property in lieu of purchasing new
equipment and property whenever such use is feasible and reduces project costs.
H. Value Engineering: The City is encouraged to use value engineering clauses in contracts for construction projects
of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and
creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower
cost.
I. Responsible Contractor: The City must award contracts only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to
such matters as contractor integrity, compliance with public policy, record of past performance, and financial and
technical resources. See also§200.213 Suspension and debarment.
J. Records: The City must maintain records sufficient to detail the history of procurement. These records will include,
but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type,
contractor selection or rejection. and the basis for the contract price.
K. Time and Materials Contracts: The City entity may use a time and materials type contract only after a determination
that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own
risk. Time and materials type contract means a contract whose cost to a City is the sum of:
i. The actual cost of materials; and
ii. Direct labor hours charged at fixed hourly rates that reflect wages. general and administrative expenses, and
profit.
L. Ceiling Price: Since this formula generates an open-ended contract price, a time-and-materials contract provides
no positive profit incentive to the contractor for cost control or labor efficiency. Therefore. each contract must set a
ceiling price that the contractor exceeds at its own risk. Further, the City awarding such a contract must assert a
high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and
effective cost controls.
M. Issues: The City alone must be responsible. in accordance with good administrative practice and sound business
judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues
include, but are not limited to, source evaluation, protests. disputes. and claims. These standards do not relieve the
City of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its
judgment for that of the City unless the matter is primarily a Federal concern. Violations of law will be referred to the
local, state, or Federal authority having proper jurisdiction.
[78 FR 78608, Dec 26. 2013. as amended at 79 FR 75885. Dec. 19, 2014; 80 FR 43309, July 22, 2015]
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2. Competition. (Adapted from §200.319)
A. Full and Open Competition: All procurement transactions must be conducted in a mariner providing full and open
competition consistent with the standards of this section. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of
work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.
Some of the situations considered to be restrictive of competition include but are not limited to:
B. Unreasonable Requirements: Placing unreasonable requirements on firms in order for them to qualify to do
business;
C. Unnecessary Experience and Bonding: Requiring unnecessary experience and excessive bonding;
D. Noncompetitive Pricing: Noncompetitive pricing practices between firms or between affiliated companies;
E. Noncompetitive Contracts: Noncompetitive contracts to consultants that are on retainer contracts;
F. Organizational conflicts of interest:
G. Brand Name: Specifying only a "brand name" product instead of allowing "an equal" product to be offered and
describing the performance or other relevant requirements of the procurement; and
H. Arbitrary Actions: Any arbitrary action in the procurement process.
I. Geographical Preferences: The City will conduct procurements in a manner that prohibits the use of statutorily or
administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals,
except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference.
Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (NE)
services, geographic location may be a selection criterion provided its application leaves an appropriate number of
qualified firms, given the nature and size of the project, to compete for the contract.
J. The City ensures that all solicitations:
i. Incorporate a clear and accurate description of the technical requirements for the material, product, or
service to be procured. Such description must not, in competitive procurements, contain features which
unduly restrict competition. The description may include a statement of the qualitative nature of the material,
product or service to be procured and, when necessary. must set forth those minimum essential
characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product
specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear
and accurate description of the technical requirements, a "brand name or equivalent" description may be
used as a means to define the performance or other salient requirements of procurement. The specific
features of the named brand which must be met by offers must be clearly stated; and
ii. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or
proposals.
iii. The City ensures that all prequalified lists of persons. firms, or products which are used in acquiring goods
and services are current and include enough qualified sources to ensure maximum open and free
competition.Also,the City must not preclude potential bidders from qualifying during the solicitation period.
(78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
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3. Methods of procurement to be followed. (Adapted from §200.320 )
The City must use one of the following methods of procurement.
A. Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the
aggregate dollar amount of which does not exceed the micro-purchase threshold (§200.67 Micro-purchase). To the
extent practicable, the City must distribute micro-purchases equitably among qualified suppliers. Micro-purchases
may be awarded without soliciting competitive quotations if the City considers the price to be reasonable.
B. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal
procurement methods for securing services, supplies, or other property that do not cost more than the Simplified
Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an
adequate number of qualified sources.
C. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract(lump sum
or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions
of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring
construction, if the conditions in paragraph (J)(i)of this section apply.
i. In order for sealed bidding to be feasible, the following conditions should be present:
1) A complete, adequate, and realistic specification or purchase description is available;
2) Two or more responsible bidders are willing and able to compete effectively for the business: and
3) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can be made principally on the basis of price.
4) If sealed bids are used, the following requirements apply:
a) Bids must be solicited from an adequate number of known suppliers, providing them sufficient
response time prior to the date set for opening the bids (11 days for the City in 2 issues and 13
days for the County in 2 issues). The invitation for bids must be publicly advertised;
b) The invitation for bids, which will include any specifications and pertinent attachments, must
define the items or services in order for the bidder to properly respond;
c) All bids will be opened at the time and place prescribed in the invitation for bids. and opened
publicly;
d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts. transportation cost, and
life cycle costs must be considered in determining which bid is lowest. Payment discounts will
only be used to determine the low bid when prior experience indicates that such discounts are
usually taken advantage of; and
e) Any or all bids may be rejected if there is a sound documented reason.
D. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more
than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is
generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following
requirements apply:
i. Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Any response to publicized requests for proposals must be considered to the maximum
extent practical;
ii. Proposals must be solicited from an adequate number of qualified sources;
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iii. The City must have a written method for conducting technical evaluations of the proposals received and
for selecting recipients;
iv. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program,
with price and other factors considered; and
v. The City may use competitive proposal procedures for qualifications-based procurement of
architectural/engineering (NE) professional services whereby competitors' qualifications are evaluated
and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation.
The method, where price is not used as a selection factor, can only be used in procurement of NE
professional services. It cannot be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.
vi. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement
through solicitation of a proposal from only one source and may be used only when one or more of the
following circumstances apply:
1)The item is available only from a single source;
2)The public exigency or emergency for the requirement will not permit a delay resulting from
competitive solicitation:
3)The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in
response to a written request from the City; or
4)After solicitation of a number of sources, competition is determined inadequate.
178 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19. 2014: 80 FR 54409. Sept 10, 20151
4. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
(Adapted from §200.321)
A. The City must take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible.
B. Affirmative steps must include:
i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists
(forward requests to Purchasing):
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources. Log onto WWW.MDT.MT.GOV and search their database for any potential
vendors. Click on "Doing Business":
iii. Dividing total requirements. when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises:
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce, and
Office of Minority&Women's Business Enterprises: and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (i)through (ii)of this section.
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5. Procurement of recovered materials. (Adapted from §200.322 )
The City must comply with section 6002 of the Solid Waste Disposal Act. as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000: procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
[78 FR 78608. Dec. 26, 2013, as amended at 79 FR 75885. Dec. 19, 2014]
6. Contract cost and price. (Adapted from §200.323)
A. The City must perform a cost or price analysis in connection with every procurement action in excess of the
Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent
on the facts surrounding the particular procurement situation, but as a starting point, the City must make
independent estimates before receiving bids or proposals.
B. The City must negotiate profit as a separate element of the price for each contract in which there is no price
competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit,
consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the
contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry
profit rates in the surrounding geographical area for similar work.
C. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that
costs incurred or cost estimates included in negotiated prices would be allowable for the City. The City may
reference its own cost principles that comply with the Federal cost principles.
D. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.
7. Federal awarding agency or pass-through entity review. (Adapted from §200.324)
A. The City must make available, upon request of the Federal awarding agency or pass-through entity, technical
specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such
review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review
generally will take place prior to the time the specification is incorporated into a solicitation document. However, if
the City desires to have the review accomplished after a solicitation has been developed, the Federal awarding
agency or pass-through entity may still review the specifications, with such review usually limited to the technical
aspects of the proposed purchase.
B. The City must make available upon request, for the Federal awarding agency or pass-through entity pre-
procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent
cost estimates, when:
i. The City's procurement procedures or operation fails to comply with the procurement standards in this
part;
ii. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without
competition or only one bid or offer is received in response to a solicitation;
iii. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand
name"product;
iv. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other
than the apparent low bidder under a sealed bid procurement; or
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v. A proposed contract modification changes the scope of a contract or increases the contract amount by
more than the Simplified Acquisition Threshold.
C. The City is exempt from the pre-procurement review in paragraph (ii) of this section if the Federal awarding agency
or pass-through entity determines that its procurement systems comply with the standards of this part.
D. The City may request that its procurement system be reviewed by the Federal awarding agency or pass-through
entity to determine whether its system meets these standards in order for its system to be certified. Generally, these
reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a
regular basis;
E. The City may self-certify its procurement system. Such self-certification must not limit the Federal awarding
agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on
written assurances from the City that it is complying with these standards. The City must cite specific policies,
procedures. regulations, or standards as being in compliance with these requirements and have its system available
for review.
8. Bonding requirements. (Adapted from §200.325)
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the
Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the City provided that
the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately
protected. If such a determination has not been made. the minimum requirements must be as follows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a
firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as
assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required
within the time specified.
B. A performance bond on the part of the contractor for 100 percent of the contract price. A"performance bond" is one
executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one
executed in connection with a contract to assure payment as required by law of all persons supplying labor and
material in the execution of the work provided for in the contract.
9. Federal Contract provisions. (Adapted from §200.326) Simplified Acquisition Threshold raised to$250,000
The City's contracts utilizing Federal Funding must contain the applicable provisions described in Appendix II to Part
200—Contract Provisions for City Contracts Under Federal Awards, which can be viewed and copied at:
nttp://federal.elaws.us/cfr/title2.chaptern.part200.appn
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal
entity under the Federal award must contain provisions covering the following,as applicable.
(A)Contracts for more than the simplified acquisition threshold currently set at $250,000,which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as
authorized by 41 U.S.( . 190S. must address administrative,contractual,or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity
including the manner by which it will be effected and the basis for settlement.
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(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition
of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under$
CFR 60-1.4tb1,in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319, 12935,3 CFR
Part, 1964-1965 Comp.,p. 339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 CFRpart 60,"Office of Federal Contract Compliance
Programs, Equal Employment Opportunity. Department of Labor."
(D)Davis-Bacon Act,as amended(40 U.S.C. 3141-3148). When required by Federal program legislation,all prime
construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance
with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not
less than once a week.The non-Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40
U.S.C. 3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each
contractor or sub-recipient must be prohibited from inducing,by any means,any person employed in the construction,
completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-
Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-37Wt). Where applicable,all contracts awarded by the non-
Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40
U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or
contracts for transportation or transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding
agreement"under 37 CFR §401.2(a)and the recipient or sub-recipient wishes to enter into a contract xvith a small business firm
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or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or
research work under that"funding agreement,"the recipient or sub-recipient must comply with the requirements of 37 CFR Part
401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts
and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
(G)Clean Air Act(42 U.S.C.. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended—
Contracts and sub-grants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to
agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-
7671q)and the Federal Water Pollution Control Act as amended(33 U.S.0. 1251-1387).Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
(H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)must not be
made to parties listed on the government-wide exclusions in the System for Award Management(SAM),in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 C'FR part 1986 Comp.,p. 189)and 12689(3 CFR
part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or
otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
(I)Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding$100,000 must
file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal
contract,grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-
Federal award.
(J)See§200.322 Procurement of recovered materials.
[78 FR 78608,Dec.26,2013,as amended at 79 FR 75888,Dcc. 19,2014]
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ATTACHMENT B
Federal Transit Administration
3RD PARTY CONTRACT CLAUSES
FOR CITY OF YAKIMA
A.1-Federally Required and Other Model Contract Clauses
1. SECTION DELETED—NOT APPLICABLE(N/A)
2. SECTION DELETED—N/A
3 SECTION DELETED—N/A
4. Cargo Preference Requirements
5 Seism.csety rments SECTION DELETED—N/A
6. Energy Conservation Requirements
7. en_Water o SECTION DELETED—N/A
8.84+s--Testing SECTION DELETED— N/A
9 SECTION DELETED—N/A
10. Lobbying
11. Access to Records and Reports
12. Federal Changes
13. SECTION DELETED—N/A
14. Cleafl-Air SECTION DELETED—N/A
15. Recycled Products
16. SECTION DELETED—N/A
17. SECTION DELETED—N/A
18.fResewed} SECTION DELETED—N/A
19. No Government Obligation to Third Parties
20. Program Fraud and False or Fraudulent Statements and Related Acts
21.Termination
22. Government-wide Debarment and Suspension (Non-procurement)
23. Privacy Act
24. Civil Rights Requirements
25. SECTION DELETED—N/A
26. SECTION DELETED—N/A
27.T-Pa41-54-E474pleAtee-P-Feteetive-AgFeements SECTION DELETED—N/A
28. Disadvantaged Business Enterprises(DBE)
29. State and Local Law Disclaimer
30. Incorporation of Federal Transit Administration (FTA)Terms
31. SECTION DELETED—N/A
12202 Transit Uniforms
4. CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 1241
46 CFR Part 381
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials,or commodities which may be
transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport
of equipment, material,or commodities by ocean vessel.
Model Clause/Language
The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA.
Cargo Preference-Use of United States-Flag Vessels-The contractor agrees: a. to use privately owned United States-
Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry
cargo liners,and tankers) involved,whenever shipping any equipment, material,or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag
commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within
the United States or within 30 working days following the date of leading for shipments originating outside the United
States,a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo
described in the preceding paragraph to the Division of National Cargo,Office of Market Development, Maritime
Administration,Washington, DC 20590 and to the FTA recipient(through the contractor in the case of a subcontractor's
bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment,material,or commodities by ocean vessel.
6. ENERGY CONSERVATION REQUIREMENTS
42 U.S.C.6321 et seq.
49 CFR Part 18
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and
subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent
on the state energy conservation plan. The following language has been developed by FTA:
Energy Conservation-The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
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10. LOBBYING
31 U.S.C.1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling
Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. §
1352(b)(5)and 49 C.F.R. Part 19, Appendix A,Section 7.
Mandatory Clause/Language
Clause and specific language therein are mandated by 49 CFR Part 19,Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65
[to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C.
1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New
Restrictions on Lobbying,"at 49 CFR§20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,Section 7, which provides that
contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of
1995.
- Use of"Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by
"Government wide Guidance For New Restrictions on Lobbying,"61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR
Part 20, Appendix A.
Byrd Anti-Lobbying Amendment,31 U.S.C. 1352,as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to
be codified at 2 U.S.C. §1601,et seq.] -Contractors who apply or bid for an award of$100,000 or more shall file the
certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has
made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans,and Cooperative Agreements
(To be submitted with each bid or offer exceeding$100,000)
•
•
•
•
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�3EIFs+re Act of 1995!n 101_6 o h f r ,6ni et eg )i
�,--�— �--o �e-E8d..,ed�-��-N.S•.E.
{Note: Pursuant to 31 U.S.C.§ 1352(
The Contractor, ,certifies or affirms the truthfulness and accuracy of each statement of its
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
11. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36(i)
49 CFR 633.17
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced, but the language provided
paraphrases the statutory or regulatory language.
Access to Records-The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 18.36(i),the Contractor agrees to provide the Purchaser,the FTA Administrator,
the Comptroller General of the United States or any of their authorized representatives access to any books,documents,
papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations,excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA
Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and
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construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 633.17, Contractor agrees to provide the Purchaser,the FTA Administrator or his authorized representatives,
including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at
49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at$100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA
Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C.
5325(a) enters into a contract for a capital project or improvement(defined at 49 U.S.C. 5302(a)1) through other than
competitive bidding, the Contractor shall make available records related to the contract to the Purchaser,the Secretary
of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period
of not less than three years after the date of termination or expiration of this contract, except in the event of litigation
or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same
until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives,
have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Operational Turnkey Construction Architectural Acquisition of Professional
Characteristics Service Engineering Rolling Stock Services
Contract
I State
Grantees None Those imposed None None
None None
on state pass
a.Contracts
thru to
below SAT Contractor
($100,000)
None Yes,if non- None unless None unless None unless
b. Contracts unless1 non- competitive non- non- non-
above competitive award or if competitive competitive competitive
$100,000/Capit award funded thru2 award award award
al Projects 5307/5309/53
11
II Non State
Grantees
Those imposed
on non-state
a. Contracts yes' Yes Yes Yes Yes
below SAT Grantee pass
thru to
($100,000) Contractor
Yes3 Yes Yes Yes Yes
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b.Contracts
above
$100,000/Capit
al Projects
Sources of Authority:
149 USC 5325 (a)
249 CFR 633.17
3 18 CFR 18.36(i)
12. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed requirement.
Model Clause/Language
No specific language is mandated. The following language has been developed by FTA.
Federal Changes-Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser
and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's
failure to so comply shall constitute a material breach of this contract.
15. RECYCLED PRODUCTS
42 U.S.C.6962
40 CFR Part 247
Executive Order 12873
Applicability to Contracts
The Recycled Products requirements apply to all contracts for items designated by the EPA,when the purchaser or
contractor procures$10,000 or more of one of these items during the fiscal year,or has procured $10,000 or more of
such items in the previous fiscal year, using Federal funds. New requirements for"recovered materials"will become
effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA,
where the procuring agency purchases$10,000 or more of one of these items in a fiscal year,or when the cost of such
items purchased during the previous fiscal year was$10,000.
Flow Down
These requirements flow down to all contractor and subcontractor tiers.
Model Clause/Language
No specific clause is mandated, but FTA has developed the following language.
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Recovered Materials-The contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act(RCRA),as amended (42 U.S.C. 6962),including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873,as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors,this concept should flow down to
all levels to clarify,to all parties to the contract,that the Federal Government does not have contractual liability to third
parties, absent specific written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Federal Government.
(1)The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by
the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor,or any other party(whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2)The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present,or submit covered claims and
statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31
U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31, apply to its actions
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pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness
and accuracy of any statement it has made, it makes, it may make,or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that
may be applicable,the Contractor further acknowledges that if it makes,or causes to be made,a false,fictitious, or
fraudulent claim, statement, submission,or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2)The Contractor also acknowledges that if it makes, or causes to be made,a false, fictitious,or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is
financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §5307,
the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor,to the extent the Federal Government deems appropriate.
(3)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
21. TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1E
Applicability to Contracts
All contracts(with the exception of contracts with nonprofit organizations and institutions of higher education,)in
excess of$10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will
be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher
education the threshold is$100,000.) In addition,such contracts shall describe conditions under which the contract may
be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond
the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of$10,000,with the exception of contracts with
nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in
different types of contracts:
a. Termination for Convenience(General Provision)The (Recipient) may terminate this contract, in whole or in part, at
any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid
its costs, including contract close-out costs,and profit on work performed up to the time of termination, The Contractor
shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property
in its possession belonging to the (Recipient),the Contractor will account for the same,and dispose of it in the manner
the(Recipient)directs.
b. Termination for Default[Breach or Cause] (General Provision) If the Contractor does not deliver supplies in
accordance with the contract delivery schedule,or, if the contract is for services,the Contractor fails to perform in the
manner called for in the contract,or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on
the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the
contract price for supplies delivered and accepted,or services performed in accordance with the manner of
performance set forth in the contract.
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If it is later determined by the (Recipient)that the Contractor had an excusable reason for not performing, such as a
strike,fire,or flood, events which are not the fault of or are beyond the control of the Contractor,the (Recipient),after
setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination
as a termination for convenience.
c. Opportunity to Cure(General Provision)The(Recipient) in its sole discretion may, in the case of a termination for
breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case,
the notice of termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants,or
conditions of this Contract within [ten (10)days] after receipt by Contractor of written notice from (Recipient) setting
forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient)from also
pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that(Recipient)elects to waive its remedies for any breach by
Contractor of any covenant, term or condition of this Contract,such waiver by(Recipient)shall not limit(Recipient)'s
remedies for any succeeding breach of that or of any other term, covenant,or condition of this Contract.
e. Termination for Convenience(Professional or Transit Service Contracts)The(Recipient), by written notice, may
terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated,the
Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the
effective date of termination.
f. Termination for Default(Supplies and Service) If the Contractor fails to deliver supplies or to perform the services
within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions
of this contract,the(Recipient)may terminate this contract for default. The(Recipient)shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the
contract price for supplies delivered and accepted,or services performed in accordance with the manner or
performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
Recipient.
g. Termination for Default(Transportation Services) If the Contractor fails to pick up the commodities or to perform
the services, including delivery services,within the time specified in this contract or any extension or if the Contractor
fails to comply with any other provisions of this contract,the (Recipient)may terminate this contract for default. The
(Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The
Contractor will only be paid the contract price for services performed in accordance with the manner of performance set
forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods,the Contractor shall, upon
direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The
Contractor and (Recipient)shall agree on payment for the preservation and protection of goods. Failure to agree on an
amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations,it is determined that the Contractor was not in default,the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
(Recipient).
h. Termination for Default(Construction) If the Contractor refuses or fails to prosecute the work or any separable part,
with the diligence that will insure its completion within the time specified in this contract or any extension or fails to
complete the work within this time,or if the Contractor fails to comply with any other provisions of this contract,the
(Recipient) may terminate this contract for default. The(Recipient) shall terminate by delivering to the Contractor a
Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and
compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the
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work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within specified time,whether or not
the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the
Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another
Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes,freight
embargoes; and
2. the contractor,within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of
delay. If in the judgment of the (Recipient), the delay is excusable,the time for completing the work shall be extended.
The judgment of the(Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes
clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that
the delay was excusable,the rights and obligations of the parties will be the same as if the termination had been issued
for the convenience of the Recipient.
i. Termination for Convenience or Default(Architect and Engineering)The (Recipient) may terminate this contract in
whole or in part,for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract
obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature, extent, and effective date of the termination. Upon receipt of the notice,the Contractor shall (1) immediately
discontinue all services affected (unless the notice directs otherwise), and (2)deliver to the Contracting Officer all data,
drawings,specifications, reports,estimates, summaries, and other information and materials accumulated in performing
this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in
the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations,the Recipient may complete the work
by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
Recipient.
j. Termination for Convenience of Default(Cost-Type Contracts)The(Recipient)may terminate this contract, or any
portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for
convenience of the (Recipient)or for the default of the Contractor. If the termination is for default,the notice shall
state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall
account for any property in its possession paid for from funds received from the(Recipient),or property supplied to the
Contractor by the(Recipient). If the termination is for default,the (Recipient) may fix the fee, if the contract provides
for a fee,to be paid the contractor in proportion to the value, if any,of work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the(Recipient),the Contractor shall be paid its contract close-out costs, and
a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default,the (Recipient) determines that the Contractor has an excusable
reason for not performing, such as strike, fire,flood, events which are not the fault of and are beyond the control of the
contractor,the(Recipient),after setting up a new work schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
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22.GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an
update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order
12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed
$25,000 as well as any contract or subcontract (at any level)for Federally required auditing services. 49 CFR 29.220(b).
This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered
from $100,000 to$25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions."
Grantees, contractors, and subcontractors(at any level) that enter into covered transactions are required to verify that
the entity(as well as its principals and affiliates)they propose to contract or subcontract with is not excluded or
disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior
practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities
they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent
covered transactions (i.e., the requirement flows down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that
contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required
to verify that none of the contractor, its principals,as defined at 49 CFR 29.995, or affiliates, as defined
at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29,Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal,the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by City of Yakima. If it is
later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition
to remedies available to City of Yakima,the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply
with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
23. PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that
information could be retrieved by personal identifier,the Privacy Act requirements apply to all contracts.
Flow Down
The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier.
12202 Transit Uniforms
Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulation, but has been developed by
FTA.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its
employees that administer any system of records on behalf of the Federal Government under any contract:
(1)The Contractor agrees to comply with,and assures the compliance of its employees with, the information restrictions
and other applicable requirements of the Privacy Act of 1974,
5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government
before the Contractor or its employees operate a system of records on behalf of the Federal Government. The
Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation
of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
(2)The Contractor also agrees to include these requirements in each subcontract to administer any system of records on
behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
24. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. §623,42 U.S.C.§2000
42 U.S.C.§6102,42 U.S.C. § 12112
42 U.S.C.§12132,49 U.S.C. §5332
29 CFR Part 1630,41 CFR Parts 60 et seq.
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19,Appendix A, but FTA has shortened the
lengthy text.
Civil Rights-The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,section 303 of
the Age Discrimination Act of 1975,as amended,42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of
1990,42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race,color,creed, national origin, sex, age, or disability.
In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity-The following equal employment opportunity requirements apply to the underlying
contract:
(a) Race, Color,Creed, National Origin, Sex- In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. §
2000e, and Federal transit laws at 49 U.S.C. §5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor(U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"42 U.S.C. § 2000e note), and with any
applicable Federal statutes,executive orders, regulations, and Federal policies that may in the future affect construction
12202 Transit Uniforms
activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their race,color,creed,
national origin, sex,or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition,the Contractor agrees to comply with
any implementing requirements FTA may issue.
(b)Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended, 29 U.S.C. § §
623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing
requirements FTA may issue.
(c) Disabilities-In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112,
the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition,the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3)The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with
Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
28. DISADVANTAGED BUSINESS ENTERPRISE(DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise(DBE) program became
effective July 16,2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to
include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set,
reporting requirements, and replacement of DBE subcontractors. Additionally,the DBE program dictates payment terms
and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE
firms or not.
The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included
in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts.
A substantial change to the payment provisions in this newest version of Part 26 concerns retainage(see section 26.29).
Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions
applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors, The suggested
language allows for the options available to grantees concerning retainage,specific contract goals, and evaluation of
DBE subcontracting participation when specific contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal
for participation of Disadvantaged Business Enterprises(DBE)is 10%. The agency's overall goal for DBE participation is
<1%. A separate contract goal of<1%DBE participation has been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
12202 Transit Uniforms
this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this
contract,which may result in the termination of this contract or such other remedy as City of Yakima deems
appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph
(see 49 CFR 26.13(b)).
4—
;
The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of
Yakima. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any
retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is
satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after
incremental acceptance of the subcontractor's work by the City of Yakima and contractor's receipt of the partial
retainage payment related to the subcontractor's work.]
e. The contractor must promptly notify City of Yakima, whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written consent of City of Yakima.
29. STATE AND LOCAL LAW DISCLAIMER
Applicability to Contract
This disclaimer applies to all contracts.
Flow Down
The Disclaimer has unlimited flow down.
Clause/language
12202 Transit Uniforms
State and Local Law Disclaimer—The use of many of the suggested clauses are not governed by Federal law, but are
significantly affected by State law. The language of the suggested clauses may need to be modified depending on state
law, and that before the suggested clauses are used in the grantees procurement documents,the grantees should
consult with their local attorney.
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS
FTA Circular 4220.1E
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit Administration (FTA)Terms-The preceding provisions include, in part,certain
Standard Terms and Conditions required by DOT,whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act,fail to
perform any act, or refuse to comply with any(name of grantee) requests which would cause (name of grantee)to be in
violation of the FTA terms and conditions.
12202 Transit Uniforms
EXHIBIT B
Transit Uniforms
VENDOR'S BID
0
-; ' f CITY OF YAKIMA INVITATION TO BID 12202
�4`��ar COVER SHEET
THIS IS NOT AN ORDER
BID Release Date February 18, 2022
Bid Receipt: Bidders must first register witn PublicPurchase corn and Bid shall be completely uploaded into
PublicPurchase corn no later than the date and time listed below. Register as early as Dossible and do not wait until the due
date to upload your documents, as this may take some time Late Bids will not be accepted or evaluated. If you try to submit a
Bid late, the electronic system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety(90)days
from date of Bid opening, unless otherwise noted
BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For Buyer in Charge of this procurement(Contact for Wilber information)
City of Yakima Transit Department Susan Knotts, CPPO, CPPB, NIGP-CPP
2301 Fruitvale Boulevard Buyer II
Yakima, WA 98902
Bids Must be completey uploaded by. Phone E-Mail Address
March 4, 2022 at 11:00:0o AM PST (509) 575-6095 Susan,KnottsaYakimaWA.Gov
Public Opening m
PROJECT DESCRIPTION SUMMARY
Transit Uniforms
Enter Prompt Payment Discount: 9/%net 30 pays Well will complete delivery within is days after receipt of
order.
Delivery Details: FOB Destination, Freight Prepaid, Inside Delivery required.
p6I hereby acknowledge receiving addendum(a) / , (use as many spaces as addenda received)
In signing this Bid we also certify that we have not. either directly or ndirectly,entered into any agreement or participated in any collusion or otherwise taken
any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has
been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to
the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury
Furthermore, the Washington State Interfocal Cooperative Act(RCW 39.34) provides that other governmental agencies may purchase goods or
services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any
responsibility or involvement in the purchase orders or contracts issued by other public agencies.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid.
Company Name Company Address 4tot R We, Rd• 1J
911 & sly Inc-- Xe:z ► OR ill 303-sSoZ
Name of Authorized Company Representative(Type or Print) Title Phone (.�3 1 3�f 3-'��//
Pekt4 Co ef► k" C,J' Fax (5123 )�3—2/O 7
Signature or Above i Date / Email Address
o.3/c3 /22 ?teVe P
ell1su Ply. Cov%t
12202 Transit Uniforms Page 2 of 57
•
VII. BID FORM
INVITATION TO BID NO. 12202
To Bidder:
Please bid your lowest price,best delivery dale and payment discount terms for the following. The City reserves the right to reject any
or all bids and to accept_any or all items at the price bid. For comparison purpose,Bid comparison will be based on the
smallest range of sizes so when filling out the Bid Form below,only extend the amount for the smallest size range.
The City intends to award this Contract within ninety(90)calendar days.
Bid your lowest price for the following:
Delivery of items must be F.O.B destination,inside delivery. All items to be priced with shipping included.
Unit prices must include all transportation,delivery and unloading costs.
Price per unit shall include embroidery charges. All shirts,sweaters,jackets and caps require embroidery.
Specify preferred minimum order quantities for sweaters and jackets, if any.
The City will make an effort to meet minimum order requirements, but there may be exceptions. Please refer to
the Bid Specification, Section 11. Subsection 8, More or Less.
For comparison purpose, Bid comparison will be based on the smallest range of sizes
Estimated Price Extended Price
Description Annual (without tax)
Item Per Unit
NO. S/S=Short Sleeved Quantity Sizes (without tax) for smallest range of
L/5=Long Sleeved Assorted sizes only for bid
Sizes compaison purpcses
SCHEDULE 1
Edward Brand—No Exceptions
S-XL $ 30.00 $ 30.00
Men's,Oxford Shirt, Blue,S/S, 7 2XL-4XL $
EDWARDS#1027-01.
5XL $ 811. 15
XXS-XL $ 3°• $ _30.0 0
Women's Oxford Shirt,Blue,S/S. 5 2XL $ 34 H('
2' EDWARDS#5027-01.
3XL $ 3‘. (..1\
4XL $ a IA
5-XL $ 30. 38 $_ 30. 3e
Men's,Oxford Shirt, Blue,L/S.
3' EDWARDS#1077-01. 6 2XL-4XL $ 34. (PO
sxL $ . t.13
xx5-XL $ 30. 315 $ 30.35
4 Women's Oxford Shirt,Blue, L/S. 4 2XL $ 3i4• 412-__
EDWARDS#5077-01 3XL $ 3'1, 2.0
4XL $
12202 Transit Uniforms Page 15 of 57
Estimated Price Extended Price
Description Annual Per Unit (without tax)
item
No. 5/5=Short Sleeved Quantity Sizes (without tot) for smallest range of
VS=Long Sleeved Assorted sizes only for bid
Sizes comparison purposes.
s-XL $,32.49 $ 32., isATI
5 Men's,Oxford Shirt, Black, S/S.
EDWARDS#1027-10. 7 2XL-4XL $ MO. 20
5XL $ 45, 20
xxs-xL $ 32.6`i $ 32.. CA
Women's Oxford Shirt,Black,S/S. 2XL $ 37, (aa
6. 5
EDWARDS#5027-10. 3XL $ 40, 20
4XL $ NIA
S-XL $ 33, $ 33.81
�. Men's,Oxford Shirt, Black, L/S. 6 2XL 4XL $ '11.b°1
EDWARDS#1077-10.
5XL $ 41,.. 92
S-XL $ 32.(del $ 32. 0
8 Men's,Oxford Shirt,Lt. Gray,S/S. 4 2XL 4XL $ v,20
EDWARDS#1027-09
5XL $ K5. 20
xxs-xi $ 32.0 $_ 32-LS►`I _
Women's Oxford Shirt,Gray,S/5. 2XL $ 31. 4,9
9. 5
EDWARDS#5027-06. 3XL $ 1i0.20
4XL $ IS I A
-- - _ -.. ,
s-xi. $ 33.1154 $ 33.if44
Men's, Oxford Shirt, Lt Grey,L/S.
10. EDWARDS#1077-06. 1 2XL-4XL $ y1•(v�
5XL $ MSo.g2
XXS-XL $ 33,84 S4_33 4
Women's Oxford Shirt,Gray,L/S. 2XL $ 39. 0-711. 5
EDWARDS#5077-06. 3XL $ N%• 0
4XL $ 14 l a
28-42 $ 25. 35 S 2 s.3f
12. Men's Pleated Shorts, Khaki. 18 44-48 $ O. NZ
EDWARDS#2410-15.
50-54 $ 32. 91
12202 Transit Uniforms Page 16 of 57
Estimated I Price Extended Price
Item Description Annual Per Unit (without tax)
No. S/S=Short Sleeved Quantity Sizes (without tax) for smaties range of
t/S=Long Sleeved Assorted sires only for bid
Sizes comparison purposes.
0-18 $ 25. 35- $ A.5, 3s."
Women's Pleated Shorts, Khaki. 18w-20w $ ZS. 3 '
13. 5
EDWARDS#8419-15. 22w-24w $ 30. 42,
26w-28w $ 32. 01-1
^28-42 $ 25, 55- $ 25, 3S-
Men's Pleated Shorts,Black.
14. EDWARDS"2410-10. 1 44-48 $ 30. ''4 2-•
50-54 $ 32. Gil
0-18 $ zs. 34" $ 25.3e-
15. Women's Pleated Shorts,Black. 6 18w-20w $ ZS. 35
EDWARDS#8419-10. 22w-24w $ 30. KZ.
26w-28w $ 32. 411
Men's Plain Front Slacks with/Stretch 28-42 $ 31.7$ $ 31 1.6
16. Waistband, Black. 18 44-48 $ 313. 14
EDWARDS 12578-010. 50-54 $ sit. 32
0-18 $ 31• 16 $ 31./
Women's, Plain Front Slacks,With/Stretch 18w-20w $ 31. 18
17. Waistband,Black. 14
EDWARDS 18576-010. 22w-24w $ 3. 1`'1
26w-28w $ 41 . 37--
28-42 $ 31.18 $ 31.18
Men's Plain Front Slacks with/Stretch
18. Waistband,Khaki. 10 44-48 $ • 0, 14
EDWARDS 12578-015. 50-54 $ `'{1 • 32-
0-18 $ 31. 18 _ $ 31.18
Women's, Plain Front Slacks,With/Stretch 18w-20w $ 31 75
19. Waistband,Khaki. 17
EDWARDS 1#8576-015. 22w-24w $ 38. 14
26w-28w $ Mt. 37-
28-42 $ 2q_ 92. $ 21, 112_
20. Men's,Pleated Slacks, Khaki. 3 44 48 $ 35. q
EDWARDS#2610-15.
50-54 $ .38. 91
12202 Transit Uniforms Page 17 of 57
Estimated T Price Extended Price
Description Annual (without tax)
Item Per Unit
No. 5/S=Short Sleeved Quantity Sizes (without tax) for smallest range of
VS=Long Sleeved Assorted sizes only for bid
Sizes compariscn purposes
0-18 $ 2cl, q 2, $ z9, 9 L
21. Women's,Plain Front Slacks,Khaki. 5 18w-20w $ 241. Ca
EDWARDS#8519-15. 22w-24w $ 35 ° \
26w-28w $ 36. q 1
28-42 $ 2 .q 2 $ 2.9.9 2.
22. Men's Plain Front Slacks,Khaki. 13 44-48 $ 3S, '1 1
EDWARDS N2510-15.
50-54 $ 30, O
-
28-42 $ 4c%, 28 $ fit,2S _
23. Men's Plain Front,Poly/Wool Slacks,Black. 7 44-48 $_51. 1`A
EDWARDS#2740
50-54 $ (a`/, O7
28-42 $ "119.26 $ 414. Z 8 —
Unisex Slacks, Pleated Flat Front,Washable
24. wool,Black. 7 44-48 $ 519, /V
EDWARDS t12640 50-54 $ (ay. 07
SCHEDULE 2
Port Authority Brand
r
S-XL $ 25. 12. $ zs. 72
Men's Oxford Shirt,Burgundy,S/S. 1 2XL $ 21. 2�
25. PORT AUTHORITY#S508
3XL $ 30• 33
4XL $ 31. 1
xS-XL $ 25. 17- $ ZS, /2-
2XL $ 2'7. 2+!0
26. Women's Oxford Shirt, Burgundy,S/S. 5
PORT AUTHOIRTY #1.508 3XL $ 30. 33
4XL $ 31, Bi
S-XL $ 21. 241 $ 21.21
Men's Oxford Shirt, Burgundy, l/S. 5 2XL $ 28.83
27. PORT AUTHORITY US608
3XL $ 31, 10
I 4XL $ 3.3 • yy
12202 Transit Uniforms Page 18 of 57
Estimated Prlc� Extended Price
Item Description Annual Per Unit (without tax)
No. S/S=Short Sleeved Quantity Sizes for smallest rouge of
VS=LongSleeved Assorted (without tax)
sizes only for bid
Sizes comparison purposes
i ir
XS-XL $fl. Zq $ 2'7, lei
28. Women's Oxford Shirt,Burgundy, L/S. 5 2XL $ 18, 83
PORT AUTHORITY #L608 3XL $ 31, 90
4XL $ 33 . 44
xs-xi. $ 2S.72. $_ 25,12_
Women's Poplin Shirt,Light Blue,%Sleeve. 2XL $ Z7 Z(p
29. PORT AUTHORITY#L612. 19
3XL $ 30. 3.3
4XL $ 3%. 81
XS-XL $ 2S. 72- $_ 25, 72_
Women's Poplin Shirt, Raspberry Pink,
Sleeve. 2XL $ 2'1. 2.4)
30. 16
PORT AUTHORITY#L612. 3XL $ 30. 33
4XL $ 31. Sl
S-Xi $ 23 . Ab $ 23,342
31. Mock Turtle Neck, Black. 4 2XL $ 24.
PORT AUTHORITY#K321 3XL $ Z 7. 18
4XL $ 201. SZ-
Men's Pullover Sweater Vest, Black,S/S. S-XL $ 35, 1,3 $ 35a S3
PORT AUTHORITY 5W286
32. 1 2XL-3XL $ 3°1. 15'
List minimum order quantity,If any:
Men's Fleece Vest,Black or Gray. XS-XL $ ,2(e. 50 $ If;. So
33. PORT AUTHORITY#F226. 2XL $ 2$. 044
List minimum order quantity,if any: 1
3XL $ 31 . 12-
4XL $ 32•Gala
Women's Fleece Vest, Black or Gray. XS-XL $ ZL_ $___ 2.5..co
PORT AUTHORITY#L226. 2XL $ 28• 06/
34.
List minimum order quantity,if any: 1
3XL $ .3/. /2
4XL $ 32. C .
12202 Transit Uniforms Page 19 of 57
-
Estimated Price Extended Price
Item Description Annual (without tax)
Per Unit
No. S/S=Short Sleeved Quantity Sizes (without tax) for smallest range of
L/S=Long Sleeved Assorted sizes only for bid
Sizes comparison purposes.
Cardigan Sweater,Black,L/S. S-XL $.31.2-1 $ 31,21
35. PORT AUTHORITY.#L807 5 2XL-3XL $ 35, 63
List minimum order quantity, if ony:
XS-XL $ 2$, 01 $ 2• er7
Women's Fleece Jacket, Black.
PORT AUTHORITY#L223. 2XL $ 211, G1
36. 1
List minimum order quantity,if any: 3XL $ 32.6
4XL $ 34. 23
• xs-XL $ le. 01 $ 2 ,01
Women's Fleece Jacket,Gray.
PORT AUTHORITY#L223. 2XL $ 29. 6 (
37. 1
List minimum order quantity, if any: 3XL $ .32461
4XL $ 34. 23
s-XL $ sq. 7r $ Sy, i'
Hybrid Soft Shell Jacket,Gray.
38 PORT ATHORITY#1787 5 2XL $ 56. lit
List minimum order quantity, if any: 3XL $ 519. 3(s
4XL $ 6o, 90
XS-XL $ SS. 340 $_ 5'5, 3c, _
Jacket with Reflective Taping, Black.
39 PORT AUTORITY#1754R 7 2XL $ SG . 90
List minimum order quantity,if any: 3XL $ Cs). 98
4XL $ 61.52
S-XL $ se. N'/ $ 5B. Y4
Brustroke Print Jacket,Black.
40 PORT AUTHORITY SANMAR#J331 5 2XL $ A. 98
List minimum order quantity,if any: 3XL $ G3, 06'
4XL $ 6V. 60
12202 Transit Uniforms Page 20 of 57
Estimated Price Extended Price
Description Annual
Item (without tax)S/S=Short Sleeved QuantitySizes (without tax) for smallest range of
VS=Long Sleeved Assorted sizes only for bid
Sizes comparison purposes.
SCHEDULE 3
Misc. Brands
S-XL $2q. 413 $_ 2N. 93 _
Women's Polo Shirt, Multiple Color 2XL $ 24. ' 7
41. Options,S/S. 20 3XL $ 2g. SS
SPORTS TEK MICRO#LST650
4XL $ .31, oq
S-XL $ 2 07 $ 28,07
Women's Polo Shirt,L/S, Multiple Color 2XL $ 21. 4/
42. Options. 4
SPORTS TEK MICRO#5T657 3XL $ 32.. 6q
4XL $ 34. 23
S-XL $ 2g. 01 $ 2-6,9ei
43. Micropique Polo,Dark Green or Royal,L/S. 15 2XL $ 29.
SPORTS TEK SANMAR#ST657 3XL $ ;2 . 69
4XL $ 34.40
S-XL $ 24. 93 $ ty, 93
44. Polo Shirt,S/S,Multiple Color Options. 20 2XL $ 26. 47
SPORTS TECK MICRO#ST650 3XL $ 29. 55
4XL $ 31 . 09
S-XL $ 23,_ 01 $ 2S,of _.
45. Polo Shirt,S/S,Multiple Color Options,Tall. 3 2XL $ 2 7.SS"
SPORTS TECK MICRO#TST6S0 3XL $ 31. 09
4XL $ 32.. 63
s-XL $ 28. 0 7 $ ZB.o-7 _
Polo Shirt with Pocket,S/S,Multiple Color 2XL $ 21. 4(
46. Options. 20 p
SPORTS TECK MICRO#ST651 3XL $ 32. 6
4XL $ 3,. 23
12202 Transit Uniforms Page 21 of 57
Estimated I-
Price Extended Prite
Item DescriptionAnnual (without tax)
S/S=Short Sleeved Quantity Sizes Per Unit
No. (without tax) for smallest range of
VS=Long Sleeved Assorted ; sties only for b+d
Sires compnnson purposes
28-42 $ 2.2. 71 $_ 22. ?(
47. Shorts with Cell Pocket, Khaki. 15 44-48 $ 2(0 , 68
REDKAP#PT4CKH
50-54 $ 2(.• 68
28-42 $ 22. 7 II $_ 22.1 i
48. Shorts with Cell Pocket,Black. 15 44-48 $ 2 6.6
REDKAP#PT4BK
50-54 $ 210. 48
28-42 $ 1y. 57 $_ 2y, 57 _
49 Crew Pant with Cell Pocket,Khaki. 5
H 44-48 $ 28. 4
REDKAP#PT2CK
50-54 $ 18. 9/
1 28-42 $ Z'1. 57 $_ 2N.Sl
r
50. Crew Pant with Cell Pocket, Black. 5 i 44-48 $ 28 ci�
REDKAP#PT4BK
50-54 $ 28. 9/
I I ---1
S-XL $ Jo. 749 S_ SO. 74, _
Permaline Panel jacket, Black.
51. RED KAP#JTSOBK 5 2XL $.51. 38
List minimum order quantity, if any: 3XL $ s9, 3$
4XL $ . . .
Men's V-Neck Pullover Sweatshirt, Black, 5-XL $ 'II.30 $ 4'/• 30
L/S. 38
Sff53. SAN FRANCISCO KNITTING MILLS#SFKM 5 2XL 3XL $ v,
6500
List minimum order quantity, if any:
Winter Jacket,Black(tall sizes available). S XL $ SO. 7 $ SO 9f
54. CHALLENGER#1754. 6 2XL $ S. • �9
List minimum order quantity, if any: 3XL $ 55. 36
4XL $ S‘. yo 1
12202 Transit Uniforms Page 22 of 57
Estimated Price Extended Price
item Description Annual Per Unit
(without tax)
No. S/S=Short Sleeved Quantity Sizes (without tax) for smallest range of
VS=Long Sleeved Assorted sizes only for bid
Sizes comparison purposes
XS-XL $ ?0, T(t+ $. 70. 7(0
Canvas,Carhartt Style,Winter Coat, Black.
55. TRI-MOUNTAIN#4800. 1 2XL $ 76, Hip
List minimum order quantity, if any: 3XL $ 80. iS
4XL $ 93, 8Y
56. Black, Knit,"Wool Cap". 7 One Size $ /+/• S2 $ /Y. 52
WATCHCAP.
SUB TOTAL $ I) 1741. 11c
I-or smallest range of ures only
WA STATE SALES TAX—Destination Based @ 8.3% $ 1 1t'?, 70
TOTAL $ 1, 927. 1(7
For smallest range of sties only
THIS FIELD MUST BE FILLED IN OR BID MAY BE REJECTED Edwards: ZS o/a
List discount(s)offered off list price for any other items that are available but not specifically listed Other
above(may be a range): Brands: 3'C) %
12202 Transit Uniforms Page 23 of 57
SanMar Warranty Information
1. Warranties, Disclaimer, Limitations on Liability. SanMar warrants only that the Goods shall be free
from material defects on the delivery date. provided, you store and handle the delivered Goods in such a
mariner that meets or exceeds the storage and handling procedures utilized by SanMar
You must provide SanMar witn written notice of ary warranty claims no later than thirty (30) days after
receipt of the applicable order of Goods Failure to provide written notice within such 30-day period shall
void SanMar's warranties in their entirety As SanMar's sole responsibility and liability. ana YOUR ONLY
AND EXCLUSIVE REMEDY for any breach or breaches of sucn warranties SanMar shall upon written
not ce from you. ether (at Sar.Mar's option) replace the defective portion of the Goods. or accept return
tnereof and refund the price paid by you for the aefective portion Any misuse improper handling.
storage use. modification or alteration of the Goods by any third party shall voic the forgoing warranty
You shall remain entirely responsrole for any shipments by you or your company for purposes of returning
defective products or packages hereunder to SanMar. and all risk of loss or damage during shipment
shall be born by you SanMar will pay (or reimburse you) for reasonable shipping and handling charges
limited to valid warranty claims.
You agree and acknowledge that any benefits derived from use or resale of me Goods will depend on
factors which vary from business to business and which are not within SanMar's control YOU ARE
RESPONSIBLE FOR THE SELECTION OF THE GOODS TO MEET YOUR YOUR COMPANY'S OR ITS
CUSTOMERS' NEEDS. AND SANMAR MAKES NO WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM THE USE OR SALE OF (HE GOODS IN YOUR BUSINESS THE WARRANTIES
SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES MADE BY SANMAR SANMAR
EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED
ORAL OR WRITTEN ARISING BY LAW OR OTHERWISE AND ANY IMPLIED INDEMNITIES
IN NO EVENT WILL SANMAR BE LIABLE FOR ANY INDIRECT. SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS
AGREEMENT OR THE USE OR SALE OF GOODS BY YOU. OR ANY OTHER PARTY. OR FROM THE
MANUFACTURE. SALE OR USE OF ANYTHING MADE BASED ON THE GOODS. EVEN IF SANMAR
IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT FOR INJURIES TO CONSUMERS
DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SANMAR You agree t^at.
regardless of the form of action whether in contract or ton including negligence SanMar s liability for
damages claimed by you with respect to the Goods shall not exceed fees rece•ved by SanMar from you
for the applicable Goods hereunder Regardless of the form of action. whether in contract or tort.
including negligence SanMar's liability for damages claimed by third parties with respect to the Goods. as
between SanMar and you shall not exceed fees paid to SanMar hereunder No action regardless of form,
arising under this Agreement (other than an action for non-payment or any purchase prices or other
amounts owed by you to SanMar) may be crought by either party more than one (1) year after the date
of toe a .eged oreacn SanMar shall not be liable for any failure to perform under this Agreement where
such failure is due to any cause beyond SarMar s control
You riereby re'ease and shall defend and hold SanMar and its owners and agents harmless from ano
against any actual or threatened claims lasses liabilities including without iimitation any punitive
damages and finesi. costs anc expenses (including without limitation reasonaole costs of litigation and
attorneys'fees) related to third party actions (a) in which it is determined that SanMar is not at fault
ana or(b) arising from or relating to any acts or omissions by you your company or your customers
2. General. Our relationship is one of independent contractors No agency. employment partnership or
Joint venture shall be created by or founded upon this Agreement You shall not make or assign or
represent to any party by imoication or otherwise. that t may make or assign. any warranty or
representation by or (or SanMar. nor shall you attempt or represent that it is entitled. to make any
commitment waiver or settlement on pehalf of SanMar or to pledge the erect t of SanMar This Agreement
shall be governec by and construed under the laws of the State of Washington without regaro to any
conflicts of law principles to the contrary The panes consent to exclusive iuristCtion and venue in the
federal courts sitting in King County. Washington. unless no federal subject matter jurisdiction exists, in
which case the parties consent to the exclusive jurisdiction and venue in the Superior Courts of King
County. Washington You agree not to object to this jurisdiction and venue and hereby waive all
defenses of lack of personal jurisdiction and forum non-conveniens Any notice or request hereunder shall
be made in writing delivered in person to an authorized officer of the respective party or mailed or
transmitted by cable or telecopier for SanMar, to the current contact information on our website at
www.sanmar corn. and, for you. to the address SanMar has on file for you in your most recent approved
credit application (unless changed by written notice of a different address) Your rights hereunder are
personal to you and the company you represent, and may not be assigned or transferred in whole or in
part by you nor may any benefit hereunder inure to any trustee in bankruptcy receiver or successor
whethe' by operation of law or otherwise. without the prior written consent of SanMar and any attempted
assignment or transfer without such consent shall constitute a breach hereunder and shall be void No
omission or delay on the part of either party hereto in requiring due and punctual fulfillment of the
obligations of the other party shall be deemed to constitute a waiver of any of the rights of the omitting or
delaying party unless such rghts are waived in the partcular instance in a writing delivered to the other
party. and no such waiver snail apply to any other insta^ce or obligation If any provision of this
Agreement is held to be invalid or unenforceable to any extent in any context It shall nevertheless be
enforced to the maximum extent allowed by law and the parties'fundamental intentions in that and other
contexts. and the remainder of this Agreement shall not be affected thereby
Edwards Warranty Information
Disclaimer of Warranties
Edwards shall not be responsible for any claim/damages arising from or connected with an
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•
VIII. VENDOR QUESTIONNAIRE
INSTRUCTIONS: Provide the requested information. If the City requires further description, the City may
request Bidder to provide such information within a mandatory due date. You must submit this completed
form to the City with your Bid Proposal.
Failure to submit this form fully complete,may result in disqualification of Bid.
VENDOR INFORMATION
Bidder's Legal Name: all supply .rc.
Company's dba: (if applicable)
CEO/President
Name: Tr';SIN.% La'Minn v.%isS
Business Federal EIN
License No sj 113•t UBI No. 14;3 0133 cf- O No./DUNS No. ,ram_,24 /3/
Phone ( ) 3013_Kc k Toll Free Phone ( ) s.31 A
FAX (503) 393_ 2,1 p'7 E-Mail Address ga\cs®911 s,,IPPly Co nn
Mailing Address +{10% R,vG r Rid t3
City mac, .c State 1R Zip +4 9 303— SSOZ
Physical Address H101
City State oft Zip+4 q-7 303 SSo t
Name the person to contact for questions concerning this bid proposal.
Name s Cope Title SAl[.S (YlewitA
Phone (spa) 34 3- 1461%1 Toll Free Phone ( ) 1 A
FAX (spa) 3c - 1107 E-Mail Address "Peke_ (Palm.z..? ty. Gor+'tt
Mailing Address i{1 p 1 R.ver Regal tJ .
City ltc.;Ze—1 State 4 R Zip+4 C11303- 550 2.
Physical Address +A101 R;ye( godti to-
City KG;Ze.( State pR Zip+4 60303 -SSo2,
12202 Transit Uniforms Page 24 of 57
VENDOR: 6111 5 ppty VENDOR QUESTIONNAIRE
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: 1(
Please explain:
12202 Transit Uniforms Page 25 of 57
General Bid Comments
We were unsure about which unit price to submit for each
schedule as item costs vary per SKU. Please reference our
attached bid packet in each Schedule.
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