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HomeMy WebLinkAboutThe Pep Boys - Manny, Moe & Jack - Vehicle Maintenance and Lube Oil Services AgreementAGREEMENT CITY OFYAKMA BID 12203 Vehicle Maintenance and Lube &,Oil Services THIS AGREEMENT OR CONTRACT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and The Pep Boys -Manny, Moe & Jack LLC, ("Contractor"). WITESSBH: The parties, inconsideration of the terms and conditions herein, dohereby covenant and agree aofollows: 1. Statement ofWork The Contractor shall podhnn all work and service(s) and furnish all hmolo. materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in Bid 12203 Vehicle Maintenance and Lube & Oil Specifications which are attached as Exhibit A, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense nfall equipment; workandlabornfonysort 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 auare mentioned |n the specifications tobefurnished bvthe City of Yakima. 3. Compensation The City agrees to pay the Contractor according to Exhibit 8, attached hereto and incorporated herein, which Exhibit includes the payment ooUedu|o of itemized prices aolisted in the Contnmdn/u Bid submittal etthe time and in the manner and upon the conditions provided for the Contract. 3. Contract Term The period of this Contract shall bofor aperiod ofone 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 qo into effect without written confirmation, unless the Citv provides advance notice of the intention to not renew, or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Price Increases Pricing shall be prepared with the following 0onnu. The Purchasing Manager may exempt these requirements for extraordinary conditions that could not have been known bveither party at the time of bid urother 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 onPage 2.inaccordance 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 withpricing above that specified by the City inwriting within this Contract orspecified within on Nffido| 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. o. Discount from Manufacturer List Pricing: For all contract items that are priced asadiscount below Manufacturer List phuon, there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list phoon 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 ing.multiple year supply. Original pricing shall befixed and firm for the first year ofthe contract. Price requests are atthe discretion ofthe Purchasing and must also be: 1. The direct result ofincreases atthe manufacturer's level (or if Bidder isesupplier oforaw material delivered directly bothe City such oobrass, the increase must boverified atthe supplier |avel\. Z. Incurred after contract commencement date. 3. Not produce ahigher profit margin than that nnthe original contract. 4. Clearly identify the items impacted hythe increase. 1zzoaVehicle Maintenance and Lvue&Oil Page zvfz 5. Bufiled with Purchasing aminimum of thirty B0calendar days before the effective date of proposed increase. 6. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. 7. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index mother governmentdata may be referenced to help substantiate the Contractor's documentation. Alink b)the PP|Commodity Data ioavailable ni The adjustment (if any) shall remain firm and fixed for at least 365days after the effective date of the adjustment. If the City denies o Contractor's price increase request; the Contractor may provide u3O' uynoUcahonanuelhxuonvenianco. 6. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 6. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, urencumber any hghbo, duUeo, or interests accruing from this Contract without the prior written consent ofthe other. b. The Contractor for himself, and for his heirs, exaoutom, odminiutratom, ouocoosom, and axo|gna, does hereby egnoo to the full performance of all the covenants herein contained upon the part of the Contractor. 7. Property Rights All mnundu or papers of any sort relating to the Qh/ 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 ofpublic n000nd or required bvlaw to be made pub|io, is oonfidonUa|, and the Contractor will not, in whole or part, now orotany time disclose that information without the express written consent ofthe City. ?. Inspection and Production mfRecords e. The records relating to the Gem|oeo shall, at all timoa, be subject to inoouuUnn by and with the approval of the CUx. but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor ofresponsibility for performance of the Services in accordance with this Cnntmnt, notwithstanding the Qty'y 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 boprovided tothe City upon the C\ty'orequest. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six KB years after final payment of the compensation payable under this Contract, orfor 8longer period ifrequired bylaw orby the Washington Secretary of State'omcord retention ouhedu|e. Contractor shall retain and provide the City access to (and the City oheU have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services podonn*d by Contractor under this Contract. u All records relating to Contractor's services under this Contract must be made available to the City, and the record relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required pursuant tothe Washington State Public Records Act,Chapter42.5ORCW.orby 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 nfGtate'orecords retention schedule. d. The terms ofthis section shall survive any expirationortermination ofthis 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, p|Gna, copyrights, op*nifiondnno, working papom, and any other materials the Contractor zzzosVehicle Maintenance and LuhemOil Page oof 7 produces in connection with this Contract. On completion mtermination of the Contract, the Contractor shall deliver these materials to the City. 9. Guarantee Contractor warrants the Services will bofree from defects inmaterial and workmanship fbrepchndofVnoyoorfoUowingUlodabouf 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 mgu|oUunu adopted or promulgated by any governmental agency or regulatory bndy, whether federal, state, |uca|. or otherwise. Contractor shall pmoun* and have all oppKnoU/n and necessary permits, Uoonnas and oppmvo|n of any feUenu|, abote' and local government nrgovernmental authority orthis project, paye||ohurgooandfnns.andgivaaUnotioeona000na|yondinoidento|tuthodue and lawful execution Vfthe work. a. Procurement of City Business License. Contractor must maintain a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b Contractor must provide proof of a valid Washington State Contractor Registration number. u Contractor must provide proof ofa valid Washington department of Revenue state excise tax registration number, as required in Title 85 RC;W. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have o current UBI number and not be disqualified from bidding on any public works contract under RCVV39.NlO1Onr n. Contractor must provide proof ofavalid Washington Employment Security Department number as required by Titlo50 L the City does not require foreign corporate proposers tnqualify inthe City, County nrState prior hosubmitting aproposal, Kis specifically understood and agreed that any such corporation will pmmodv take all necessary mooaur*o to become authorized to conduct business in the Qh/ 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 toconducting any business inthe City. 11. Nondiscrimination During the performance of this Contract, the Contractor agrees aufollows: The Contractor shall not discriminate against any person nnthe grounds ofrace, creed, color, religion, noUnnaloi in,aox.oQo marital status, ooxuo| ohontatiun, gender idanUtv, pregnonoy, veteran's utatuo, political affiliation or belief, or the p[000nun ofany sensory, monho{ or physical handicap in violation of the Washington State Low Against Discrimination (RCVV chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not bolimited tothe demotion, transfer, recruitment, advertising, layoff nrtermination, rates of pay orother forms nfcompensation, selection for training, and the provision of Services under this |nthe event of the Contractor's noncompliance with the non-discrimination clause of this contract mwith any such rules, regulations, m 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. Pax 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 uf 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 ocoouo to compensation information, un|noo the d|oo|ooum is (a) in response to o formal or charge, (b) in furtherance of an investigation, pmueeding, heahng, or action, including on investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 13. Indemnification and Hold Harmless o. Contractor shall take all necessary precautions in performing the Services to preventinjury bxponmnuorpmpady. The Contractor agrees to ndnoue, indomnih/, defend, and hold hann|000 the CUx, its elected and appointed officia|o, offioem, emp|oyaoo, ugenta, mpesenhmdvou, inaumm, uttomeyo, and volunteers from all liabilities, |usuos, dnmogao, 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 Cuntnoobn/o agent or subcontractor, /n pedbnnenmy of this Aonoomont, except for claims caused by the Qb/'o on|o negligence. The City'o right to indemnification includes e8omny'o haeS costs 000noiahud with establishing the right to indemnification hereunder infavor ufthe City. b. If any suit, judgment, euUon, claim or demand ehooa out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the Cdx. or their elected or appointed offio|a|o, offioam, emplovees, aganto, eUomoyo or volunteers, pursuant huthis Contract, each party ahoU be liable for its proportionate share ofnegligence for any resulting ouit, judgment, uobnn, claim, demend, damages orcosts 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 todunder the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Cunhaoto/o indemnification ohoU 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 ado' dinoUi||hy benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed urhired bvContractor, and anyone for whose acts Contractor may baliable inconnection with its performance of this Agreement, comply with the honnn of this ponogneph, waive any immunity granted undo[ Title 51 RCVV, and eooumo all pohonUo| liability for actions brought bvtheir respective employees. The Parties acknowledge that they have mutually negotiated this waiver. d. Should acourt 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 costtndefend, shall bnonly hnthe extent ofthe Contractor's negligence. e. Nothing contained in this Section or this Contract shall be construed to create a liability or a rightnfindamnifiooUoninany third party. [ The terms of this Section shall survive any expiration or termination of this Contract. 14. Contractor's Liability Insurance At all Umom during performance of the Services and this Contract, Contractor shall 000um and maintain in effect inuummom to protect the City and Contractor from and against any and all claims, damages, (n000s, and oxpunmao arising out of or resulting from the performance ofthis Contract. Contractor shall provide and maintain in force insurance in limits no less than thatstated below, aoapplicable. 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 nuvaxogo 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. insurance coverage shall beprimary insurance with respect to those who are Additional Insureds under this Contract. Any inxumnoo.neAf-inauranoa or insurance pool coverage maintained by the City uhoU be in excess of the Contractor's insurance and 12203Yehicle Maintenance and Luh*&o|| PJge4of7 neither the City nor its insurance providers shall contribute to any settlements, defense costs, or otherpayments made bvContractors insurance. If atany time during the life cf 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 tnterminate the Contract. The following insurance is required: s. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with e certificate of insurance as proof of commercial liability insurance with aminimum liability limit of Two Million Dollars ($2'000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2.000,00000 general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate o[Insurance and Endorsements and the CUx, its elected and appointed officialo, employees, agents, attorneys and volunteers shall be nomad as additional insureds for such higher limits. The certificate oheU clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A- VIIorh|ghorinBoet'oGuidnandudmiUedintho0ahoofWauhingb3n.Thnmquimmontannntainodhoroin,aowmUaoQty 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 iofully executed by the portino. Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. IfCnntractoconoohigharnnvaragoUmitu.uuohUmitsoheUboohownonUmCartificataof\nounann#andEndnnmmonta and the Qty, its elected and appointed offioia|a, nmp|oyeeo, agonts, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage emount, the policy number' and when the policy and provisions provided are in effect. Said policy shall be in ofeutfor.th8 duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or tompanies rated A- VIInrhigherin8ost'sGuideandodmiMadinthoGtotoofWonhingtnn.Thnroquinumontncnnbainedhan$in.aowo||aoCity 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 ahuU include Hired and Non -Owned coverage if necessary. Employer's Liability (Stop Gap) Contractor and all subcnntractor(s)shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations tothe full extent applicable, and shall maintain Employer's Liability insurance with a limit ofno less than $1.00U.O00.UO.The City shall not be held responsible in any way for, claims filed by Contractor or its employees for services performed under the bonno of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all b Contractor is responsible toensure nubnnntruotor(s) have insurance as needed. Failure of subonntmdom(o)hocomply With insurance requirements does not limit Contractor's liability orresponsibility. Commercial General Liability: Combined Single Limit: Automobile Liability Garage Liability Garage Keepers Liability 12203 Vehicle Maintenance and Lube & Oil Per Occurrence $2.UOU,OOUAnnual Aggregate $2.UOO,O0UPer Occurrence $1.00O.00OMinimum Limit $2OO'OOUMinimum Limit Page sory 15. Severabi|hx If any term condition ofthis Contract or application thereof to any person/e\nrcircumstances ioheld invalid, such invalidity shall not affect other terms, conditions orapplications: Which b*given effect without the invalid term, condition orapplication. Tothis end, the terms and conditions ufthis Contract are declared severable. 16. Contract Documents This Contract, the Invitation to Bid 12203 Souou of Work, conditions, oddenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) nonoUUuho the Contract Documents and are complementary. Specific Fudom| and State laws and the terms of this Contnuot, in that order mopontivo/y, supersede other inconsistent provisions. These Contract Documents are onfile inthe Office ofthe Purchasing Manager, 12SNo. 2ndSt..Yakima, WA, Q8QO1'and are hereby incorporated bv reference into this Contract. 17. Termination Termination for the event the Contractor breaches this Contract, the City may terminate the Contract a1its 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 ofthis notice. In the event of the City bmoohoo this Contract, the Contractor may terminate the Contract at its mda discretion in such event that it provides the City with written notice of City'sbreach and the City faihes to cure its breach ofthe Contract within OOdays of this notice. The following represents unnn*xouuivn.illustrative list ofinstances that shall beconsidered abreach bvthe Contractor: e. Defaults onanobligation under the Contract; b. Fails buperform any material obligation mquimdundnrMhwOnnbacL; o. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. /U|owu any final judgment not to be satisfied or lien not to be disputed after legally -imposed, 30-duy notice; n. Makes anassignment for the benefit ofcreditors; f. Fails tnfollow the sales and use tax certification requirements of the State nfWashington; g. Incurs mdelinquent Washington tax liability; h. Becomes aState orFederally debarred Contractor; i. |nexcluded from federal procurement and nun'pmouommontContnodo; 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, bvproviding 3Odays written notice oftermination. 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 evant, compensation for such partially completed services shall Uenomore than the percentage o[completion nf the services requested, otthe sole discretion ufthe City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, otthe sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refundhorgoodaur 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: |naddition tothe above termination provisions,ifthe funds upon which the City relied toestablish 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 CITY O��KIMA 18. Force Mejeure Contractor will not be responsible for delays in delivery duo to outs of Gnd, fim, strikeo, eoidmnico/pandomkm, wor, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due bothe reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court ufcompetent jurisdiction in Yakima County' Washington. 21. Authority The person executing this Contract, unbehalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. Change mvNotice ' Any oKorationn, including changes to the nature of the oanioo, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation ahu|| be valid. No alterations outside of the ganons| scope and intent of the original Bid Specifications or in excess of allowable and accepted price changes shall be made. |nnoevent shall the Contractor bopaid mboentitled to payment for services that are not authorized herein orany properly executed Notice ofBusiness : 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 hothnextentnoquiradtoaonummodotoaohnngninguveming|oworpo|inythot.inthusn|adiaoretinnnftheQh/.eiUle[oubntantio||y and unreasonably enlarges the Cun1nodbr'o duties hereunder, or renders performance, enforcement nrcompliance With the bnbo|ity of the Contract impossible, patently unreasonable, or unnecessary. Nud000 and demands under and m1abod hmthis ContraCtshall be in writing and sent hothe parties attheir addresses aofollows: TO CITY: City ofYakima Purchasing TO CONTRACTOR: The Pep Boys -Manny Moo &JdnkLLC ChhotinaPayer, Buyer l| One Pmuidentio|8|vd..8uNe,4QG' 129NnfthSecond Street Bala Cynwyd, PA1SOU4 Yakima, WA 98901 23. Survival The foregoing sections ofthis Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in accordance with their bonnn. |0WITNESS WHEREOF, the parties hereto execute this Contract as of the date last written below. THE - City Manager � CITY CONTRACT NO: City Clerk Ct .�Or k CV °eA— �,�~ uzzosVehicle Maintenance and Luuemoi| _~�441��0, ' (Specifications) ° 128North 2" Street - Aph127,2032 Dear Sir orMadam: Subject: Bid No. 122O]Vehicle Maintenance and Lube Oil and Filter Services Addendum No. 2—Question and Amendment toBid Specifications Yakima, Washington 0 ° (509)575-6093 1. Question: I was looking at the (Lube, Oil section) of the qualifications and need to verify the equipment needed to qualify for the (Lube, Oil section) RFP and wanted to get verification regarding having a brake lathe as a required piece mfequipment for this section ofthe business? Answer: No, a brake lathe will not be required for Schedule 2— Lube. C)U & Filter Services. 2. Amendment 0mBid Specifications: B. Equipment for Vehicle Maintenance Services (page 14) Contractor must have the following state ufthe art equipment available tuprovide required services: l. For check only services Inspect and recommend replacement as needed: a. Brake Lathe b. Air conditioning service center C. Starting and charging system tester d. Complete diagnostic services center 2. For tire service: a. Front end alignment equipment b. Complete Diagnostic equipment Please acknowledge receipt ofthis addendum umthe Cover Sheet, page two /2iofthe Bid document. If you have any questions please contact me at (509) 576-6696. ' [ �� �lft_ _ / Christina Payer, [PP0 Buyer 11 - City of Yakima Purchasing DC: Lt. Ira Cavn,Police Department File xx(s09)s7s-6093 m(5O9576-6696 p(s09s76-6394 cchristinv.nave'@vaNmawa.gov xx°ww.vaNmawo.uov/ervices/purchamna City of Yakima NOTICE TO BIDDERS 0I012203 Notice is hereby given by the undersigned that electronic sealed Bids will be accepted via Pub|icPunchasezom until the hour of 11:00nnAK8 PST on May 6, 2022. Bids will bepublicly opened inYakima City Hall, Council Chambers, 129N. 3ndStreet, Yakima, Washington 9Q9D1. Atsuch time, Bids will bepublicly read for: Vehicle Maintenance and Lube & Oil Services Instructions to register with Pub|ic9urchase.com are available at www.yakimome.8m»/sen/ices/oumhasin8. The City ofYakima reserves the right to reject any & all 8|Ds. The City hereby notifies all Bidders that it will affirmatively ensure compliance with VVA State Law Against Discrimination (RCVV chapter 49.60) & the Americans with Disabilities Act (42 USC 12101 et set.) Dated April 15,2OJJ. Publish onApril JOand April 2Z.2OJ2 Christina Payer, CPP8 8uymrU CITY OF YAKIMA INVITATION TO BID 12203 COVER SHEET/SIGNATURE PAGE THIS IS NOT AN ORDER BID Release Date: April 22, 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: City of Yakima Police Department 200 S 3rd Street Yakima, WA 98901 Buyer in charge of this procurement (Contact for further information): Christina Payer, CPPB Buyer II Bids Must be completely uploaded by: May 6, 2022 at 11:00:0o AM PST Public Opening 0 Phone E-Mail Address (509) 576-6696 christinawpayer@yakimawagov PROJECT DESCRIPTION SUMMARY Vehicle Maintenance and Lube & Oil Services for Yakima Police Department Enter Prompt Payment Discount: % net days Service to start within days after receipt of order. ❑ 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) Signature of Above Date Title Email Address Phone ( ) Fax 12203 Vehicle Maintenance and Lube & Oil Page 2 of 34 1. Contents ii GENERAL INFORMATION . . . „ 5 1. Introduction 5 2. Scope and Objectives 5 3. Contracting Agency and Point of Contact 5 4. New and Unused 5 5. Best Modern Practices 5 6. Equal/Approved Equal 5 7. More or Less 6 8. Published List Prices 6 9. Inspection of Bidder's Facility 6 10. Contract Term 6 11. Deviations 6 12. Pricing and Discount 6 13. Price Clarifications 6 14. Price Increases 7 15. Price Decreases 7 16. Expansion Clause 7 17. Warranty 8 18. Warranty Coverage 8 19. Permits 8 20. Regulations and Codes 8 21. Prompt Payment 8 22. Payments 8 23. Payment Method - Credit Card Acceptance 8 24. Acceptance of Terms 9 25. Sales Tax 9 26. Tax Revenues 9 27. Clarifications and/or Revisions to Specification and Requirements. 9 28. Incurring Costs 9 29. No Obligation to Contract 9 30. Retention of Rights 9 31. Points Not Addressed 10 32. Other City Departments/Like Items Added 10 33. Services Bought from Different Contractor 10 34. Re -Award 10 36. Errors and Omissions 10 36. Changes 10 III, PREPARING AND SUBMITTING A BID 10 1. General Instructions 2. Submitting a Bid 3. Prohibition of Bidder Terms & Conditions__ _______ .__________________,______________ 11 4. Multiple Bids ................................................. 11 5. Withdrawal of Bids . 11 IV, V. 1. Bid Evaluation .12 2. Offer in Effect for Ninety (90) Days ..................... 12 3. Protest Procedure ................................................ ..........._....,..,,........ 12 4. Sample Contract and Terms and Conditions „ 13 VI. PERFORMANCE REQUIREMENTS ........................... _________________________ 1. VEHICLE MAINTENANCE .................................... ____________ 13 2. Basic Lube, Oil & Filter (LOF) Services 12203 Vehicle Maintenance and Lube & Oil Page 3 of 34 VII. BID FORM 16 VIII. CONTRACTOR QUESTONNARE 18 IX. 1. Statement of Work .22 2. Compensation 22 3. Contract Term 22 4. Agency Relationship between City and Contractor .22 5. Successors and Assigns . 22 6. Property Rights .22 7. Inspection and Production of Records 22 8. Work Made for Hire .23 9. Guarantee .23 10. Compliance with Law .23 11. Nondiscrimination 24 12. Pay Transparency Nondiscrimination Provision .24 13. Indemnification and Hold Harmless . 24 14. Contractor's Liability Insurance .25 15. Severability .26 16. Contract Documents 26 17. Termination 26 18. Force Majeure 27 19. Governing Law 27 20. Venue 27 22. Change or Notice 27 23. Survival 28 ATTACHMENT B - List of Equipment 31 ATTACHMENT C - Sample Work Order 32 ATTACHMENT D - Sample Certificate of Insurance and Additional Insured Endorsement 12203 Vehicle Maintenance and Lube & Oil Page 4 of 34 II. E E,LI F INVITATION TO BID # 12203 Vehicle Maintenance and Lube & Oil Services TI 1. Introduction It is the intent and purpose of these specifications to describe Vehicle Maintenance and Lube & Oil Services in sufficient detail to secure bids on comparable service. All parts, which are necessary in order to provide complete service, 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. Scope and Objectives The Yakima Police Department is requesting Vehicle Maintenance and Lube and Oil services to be provided as a yearly contract. Contractor shall be an independent Contractor under the terms of this contract. This agreement is for, but not limited to, repairs and service to City of Yakima Police Department owned motor vehicles at Contractor's facility. The following are not authorized: body work, painting, window glass replacement, purchase of parts for stock, or service/parts for City employee owned vehicles. To accommodate the volume of vehicles that require lube and oil services, Schedule A and Schedule B may be awarded separately. Additionally, Schedule B may be awarded to one primary contractor and one secondary contractor. The Secondary contractor would only be used in the event that the Primary contractor cannot accommodate, or is unavailable to perform services. Contractors do not need to bid on both schedules. 3. 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. 4. 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. 5. 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. 6. 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 12203 Vehicle Maintenance and Lube & Oil Page 5 of 34 equal to that herein specified must be substantiated with supporting data to justify such request for substitution. 7. More orLess 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. 8. 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. g. Inspection mfBidder's Facility Prior to awarding the contract, the City and/or its representative(s) may inspectthe manufacturing and/or service facility of the apparent low bidder to verify that the apparent low bidder has the facility, equipment, personnel, and experience to repair, service and support the equipment offered. 10. Contract Term See Section 3 of Contract 11. Deviations After a purchase order is awarded to a successful bidder, there shall be no deviations from any requirements stated in the published equipment specification(s) during the manufacturing or assembly process of the units offered, without prior approval from the Purchasing Manager, and an official revised purchase order issued by the Purchasing Division. Failure to comply with this requirement constitutes breach of contract; and may be grounds for order cancellation, without re -stocking fees or damages to the City; or suspension from the City's bidders list. 12. Pricing and Discount The City qualifies for governmental discounts. Unit prices shall reflect these discounts. 13. Price Clarifications The City reserves the right tnclarify any pricing discrepancies related to assumptions on the part qfBidders. 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., os, 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 inthe Bid evaluation and contract administration. Any increase proposed shall besubmitted tothe Buyer listed on page %,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 beexpressed inBid documents and contracts nragreements. 14. 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: 1. 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). 2. Incurred after contract commencement date. 3. Not produce a higher profit margin than that on the original contract. 4. Clearly identify the items impacted by the increase. 5. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective date of proposed increase. 6. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to warrant the increase. 7. Should not deviate from the original contract pricing scheme/methodology. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Contractor's documentation. A link to the PPI Commodity Data is available at https://www.bls.gov/data/'. The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment. 15. 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. 16. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added, if both parties agree. 12203 Vehicle Maintenance and Lube & Oil Page 7 of 34 17. 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 -(I) year warranty shall in no way affect normal extended ormanufacturer's warranty exceeding this one (1) year period. Contractor warrants that all goods and services furnished under this Agreement are new, conform strictly tothe specifications herein, are merchantable, good workmanship, free from defect, comply with all applicable safety and health standards established for such products, all goods are properly packaged, and all appropriate instructions or warnings are supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Contractor shall replace the product at their own expense, including shipping charges. Any replacement product will be warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance ofthe goods orservices. 18. Warranty Coverage Warranty coverage will not commence until the date the completed unit is put into service as reported by the City; or thirty (30) days after final payment for the unit(s); whichever occurs first. 19. Permits All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the City. 20. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and VV|SHArequirements, toinclude EPA standards and City safety codes. 21. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal onpage 2ofthis document. |fawarded bythe City, period nfentitlement begins only after: ° Receipt ofaproperly completed invoice �^ Receipt ofall supplies, equipment orservices ordered Satisfactory completion of all contractual requirements 22. Payments Contractor is to submit properly completed invoice(s) to: City of Yakima, Accounts Payable, 129 N. 2nd Street, Yakima, WA 98901. 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 equipment, (b) properly completed invoice, and (c) all papers required to be delivered with equipment. 23. PmymemtKHethod—Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as port of this agreement. TheCby's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability ofaccepting the Cit\/s authorized procurement card as a method of paynment zzzOJVehicle Maintenance and Lube&Oil Page oofso No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 24. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 25. Sales Tax The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in determining which bid is the lowest and best bid. 26. Tax Revenues RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies, materials, and equipment, including those from a local sales tax or from a gross receipts business and occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered. 27. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the BID document. Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have registered (per instructions on website) for updates to this BID. If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid. 28. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this BID. 29. No Obligation to Contract This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this BID in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all -or -none".) 30. Retention of Rights The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option. 12203 Vehicle Maintenance and Lube & Oil Page 9 of 34 31' Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation oftheir units. 32. Other CityDepartments/Like Items Added At any time during the term of this contract, or any extension thereof, other City departments may be served under these same terms and conditions. Additional like items may be added at the request of the Purchasing Manager. 33. Services Bought from Different Contractor Should the Contractor be unable to or refuse tosupply materials, on any given day, against this predetermined delivery schedule towhich the supplier has agreed and the City is forced to do the work with materials bought from a different supplier, the difference in the Bid price of the materials and that paid the new supplier, in order to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products. Contractor shall not, however, be responsible for delays in delivery due to: * Unavoidable mechanical breakdowns � Strikes * Inability tosecure component materials Acts ofGod Fire Provided the Buyer listed on Page Z is notified in writing by the Contractor of such pending or actual delay. in the event ofany delay, the date ofdelivery shall be extended fora period equal tothe time lost due tothe reason for the delay. 34. Re -Award When the contract is terminated by the City or the Contractor upon providing the written notice as herein required, the City, may re -award the contract tothe next most responsible bidder within 13Odays from original award. 35. Errors and Omissions The City reserves the right tocorrect obvious ambiguities and errors inthe Bidder's proposal and towaive non- material iroegu|ari1ieoand/oromissinns. |nthis regard, ifthe unit price does not compute tothe extended total price, the unit price shall govern. 36. Changes Any proposed change in this contract shall be submitted in writing tothe 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 isspecifically unauthorized and isnot valid. EP � � I � � � � J 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, 1220»Vehicle Maintenance and Lube&oil Page 10 ofa4 2. Submitting a Bid Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will not receive it. If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will be opened on the next business day of the City, at the originally scheduled hour. Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic lockbox until date and time of opening. To register as a Contractor/Bidder with Public Purchase, go to www.publicpurchase.com or the City of Yakima website at wwwoYakimaWA.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. 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 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. The list below may not be all inclusive. Be sure to READ the entire Bid document and include everything that is required. • Cover Sheet/Signature Page Bid Form Contractor Questionnaire • Attachment A — Service Questionnaire • Attachment B — List of Equipment • Attachment C — Sample Work Order 12203 Vehicle Maintenance and Lube & Oil Page 2 Pages 16-17 Pages 19-22 Page 30 Page 31 Page 32 Page 11 of 34 T1 0I ji CT 0 1. Bid Evaluation The evaluation and selection of Bidder will be based on the information submitted in the Bid. Award will be made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts availability, equipment design and functionalism, effect on productivity, and Bidder's supporting documentation. 2. Offer inEffect 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 ofbest and final offer, if required, and Bidder xoagrees by submittal of 3. Protest Procedure Any protest must be made in vvhtinQ' 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: SU9'S76'6394oremail to: The protest shall clearly state the specific factual and legal ground(s) for the protest' and a description of the relief or corrective action being requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall betaken inanattempt toresolve the protest with the Bidder: Stepi 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 11. If unresolved, within three (3) business days after receipt of written decision, the protestmaybe appealed to the Department Head by the Purchasing Manager. Step Ui 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 tothe Protester. Award Announcement Purchasing shall announce the successful Bidder via VVebsbe e'mai|, 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. �kwarcl Regardless of Protest When axvritten protest against making anaward 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 orservices to be contracted for are urgently required; • Delivery or performance will be unduly delayed by failure to make award promptly; • Aprompt award will otherwise beadvantageous tothe City. zz208Vehicle Maintenance and Lube&Oil Page zaof3u If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. 4. Sample Contract and Terms and Conditions The Sample Contract provided with this Bid Specification represents the terms and conditions which the Owner expects to execute in a contract with the successful Bidder. Bidders must accept or submit point -by -point exceptions along with proposed alternative or additional language for each point. The Owner may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the Owner. VI. 'E"F r CE E I E TS 1. VEHICLE MAINTENANCE A. Vehicles The Police Department (YPD) has a fleet of approximately two hundred nine (209) gas operated vehicles. Contractors should have the capacity to service and maintain this volume vehicles. There are approximately one hundred thirty (130) pursuit vehicles for YPD. These vehicles are driven approximately 12,000 miles per year, which operate on average 12 hours per day, 4 days per week. It is essential that they be serviced on a priority basis to insure minimum time out of service. The remainder of the police fleet, includes undercover vehicles, are driven an average of 12,000 miles or less per year and would need less service calls per year. Current Police Department fleet is as follows: Quantity Year 63 2022 3 2022 Model Ford Police Interceptor Utility EcoBoost *(On Order at time of bid). Ford F150 Police Responder *(On Order at time of bid). 1 2020 Ford Police Interceptor Utility EcoBoost 4 2020 25 2012-2019 13 2016-2018 1 2015 21 2014-2017 52 2014 _12 2013 2 2013 1 2013 1 2011 3 2009-2010 2 !... 2007 1 2006 1 1995 1 1993 1 1992 1 1992 12203 Vehicle Maintenance and Lube & Oil Ford Police Interceptor Utility Chevrolet Impala Ford Police Interceptor Utility Ford F250 4WD Ford Police Interceptor Sedan AWD Ford Police Interceptor Utility AWD Ford Police Interceptor Sedan FWD Ford Police Interceptor Utility FWD Chevrolet Express 1500 Van Ford Escape 4WD Ford Crown Victoria Chevrolet Impala Ford E150 Van Honda Civic Chevrolet C1500 2WD Chevrolet G30 Van 2WD Chevrolet P30 Van 2WD Page 13 of 34 B. Equipment Contractor must have the following state of the art equipment available to provide required services: 1. For Lube,Oi|&Filter (LOF)and check only services: a. Brake Lathe b. Air conditioning service center c. Starting and charging system tester d. Complete diagnostic services center 2. Fortireservice: a. Front end alignment equipment b. Complete Diagnostic equipment The Contractor shall maintain in good mechanical condition, the minimum equipment required. Prior to a recommendation of award, the City may inspect the equipment to verify that it meets these requirements. |fthe Bidder's equipment isnot satisfactory, the City reserves the right toreject the Bid submittal. The Bidder shall supply a list of the equipment to be utilized in carrying out this contract on the attached List of Equipment form (Attachment B, below). C. Tires The current types and sizes of tires the City Police Department currently utilizes are: 1. Sizes Steel Belt/Radial a. 225/60R16—VRated d. 24S/S5R1O—VRated b. 22S/7OR1G—VRated e. 2SS/GOR1O—VRated c. Z3S/SSR17—VRated All tires will be purchased by the City and provided to the successful Contractor providing tire service. The successful Contractor shall provide storage space for a minimum of 40 tires. The City may, at its sole option, purchase tires from the successful Contractor at State of Washington Contract pricing or better. Contractor must be able to supply Goodyear RSA tires in addition to other manufacturers available. D. Services Types of vehicle maintenance to be included in this contract are as follows: 1. Oil and filter change Complete tune-up a. 4cyUnder b. 6cyUnder c. AcyUnder d. Replace air filter e. Cabin air filter —check and replace 2. Major maintenance items a. Brakes (Lubrication —wheel pack, front and rear wheel drive) b. Transmission 12203Vehicle Maintenance and Lube&Oil Page 14 of 34 c Engine d. Radiator/Transmission/Oil Cooler 8. Onanosneeded basis a. Front end alignment b. Repair of major vehicle components not covered by vehicle manufacturer warranty. 4. Tire Services a. Rotate tires b. Mount and balance c. Wheel balance d. Tubeless valve e. Pull street tires and mount snow tires [ Tire change service (days) 8. Diagnose, repair TPK8S System h. Wheel straightening for minor bends 2. Basic LubeOil &Rlter (LOF) Services A. Services For the flat fee identified for the Basic UDF, Synthetic Blend UDF and Full Synthetic UDF, Contractor will perform on Yakima City Police vehicles all items listed below. Such service will be routinely completed within sixty (60) minutes of vehicle arrival during Contractor's normal hours of operation. Reservations will not berequired. All services performed and parts supplied shall meet or exceed original equipment manufacturer's warranty requirements. Contractor must be willing to install city supplied parts if provided. l. Drain and refill with up to 5 quarts of major brand premium quality oil (Penzoil Multi -grade) 10- 40VV' 15'40VV orS'30VVwith the highest AP rating available. Synthetic Blend is required for all Police Pursuit Vehicles. J. Install new top quality oil filter. 3. Lubricate Chassis. (when applicable) 4. Inflate tires toproper pressure and check for foreign objects. 5. Inspect suspension drivetrain components for wear and recommend replacement as needed. B. Fluid Levels 'Check Only Report any needed repair orreplacement and fill fluid levels, including, 1. Battery Health 2. Radiator 3. Transmission 4. Differential S. Brakes 6. Power Steering 7. Windshield washer and antifreeze protected solution C. Filters, Wiper Blades, Lights Check and report any needed repair orreplacement. 1. Air Filter, Cabin Filter, PCVValve 2. Wiper Blades l Head and Tail Lights VII. BID FORM Bidder Name: INVITATION TO BID NO. 12203 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Quote your lowest price for the following: Item No. 2. SCHEDULE 1— Vehicle Maintenance Description Qty. Unit Total Price (without tax) Make/Model or Trade Name of Parts/Equipment Bid: Standard labor rate per hour: Percent discount on labor rate o� 3. 4. Flat rate per hour offered for this bid Trouble shooting & diagnostic work per hour labor rate: Method of calculating discount on parts costs (choose one): Name of flat rate manual used for costing services: (Manual shall be provided by the successful contractor at time of award). Sub Total Schedule A: WA State Sales Tax @ 8.3%: Total Schedule A: (or) (or) (or) Cost plus % List price minus Other: SCHEDULE 2 — Lube, Oil & Filter Services (LOF) Bidder offers to provide the following Lube, Oil & Filter Services. Manufacturer may recommend Synthetic Blend or Full Synthetic on certain vehicles included in Police fleet. Please indicate below when applicable. City of Yakima reserves the right to make a multiple award based on the best value and geographical location. Item No. 6. Description Conventional Oil: Flat Rate Price Per Lube, Oil & Filter Change: (Flat Rate Price to include a maximum of 5 quarts of oil. Any additional quarts IF NEEDED will be paid separately). Qty. Unit 1 EA Total Price (without tax) 6a. 1 Price for each additional quart of oil beyond 5 quarts. 12203 Vehicle Maintenance and Lube & Oil 1 EA Page 16 of 34 List vehicles, year/make/model, that require conventional oil: 7. Synthetic Blend: Flat Rate Price Per Lube, Oil & Filter Change: (Flat Rate Price to include a maximum of 5 quarts of oil. Any additional quarts IF NEEDED will be paid separately). 1 EA 7a. Price for each additional quart of oil beyond 5 quarts. List vehicles, year/make/model, that require synthetic blend oil: 8. 8a. Full Synthetic: Flat Rate Price Per Lube, Oil & Filter Change: (Flat Rate Price to include a maximum of 5 quarts of oil. Any additional quarts IF NEEDED will be paid separately). Price for each additional quart of oil beyond 5 quarts. List vehicles, year/make/model, that require full synthetic oil: 1 1 1 EA EA EA Sub Total Schedule B: WA State Sales Tax 8.3%: Total: OIL/LUBRICANTS PROPOSED: State brands and weights of a premium quality oil and list lubricants that will be available, both with the highest AP rating available. (Add additional sheet if needed). Brands Weights Lubricants Conventional, Blend or Full Synthetic Mechanical Repairs Contractor must identify if mechanical repairs are covered by manufacturer warranty prior to completing repairs. All major repairs exceeding standard lube, oil and filter services must be approved by Police Fleet Manager prior to repair. Acknowledged by: Print Name, Title Signed Name 12203 Vehicle Maintenance and Lube & 011 Page 17 of 34 VIII. CONTRACTOR QUESTIONNAIRE INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further may request Bidder to provide such information within a mandatory due date. You must submit the Owner with your Bid Submittal. Failure to submit this form fully complete, may result in Submittal. Contractor's Legal Name: Company's dba: (if applicable) CEO/President Name: Business License No. Phone ( CONTRACTOR INFORNIATION Page 1 of 4 description, the Owner this completed form to disqualification of Bid UBI No, FAX ( ) Mailing Address City Physical Address Federal EIN No. Toll Free Phone ( ) E-Mail Address State Zip + 4 City State Name the person to contact for questions concerning this bid submittal. Name Phone ( ) FAX ( ) Title Zip + 4 Toll Free Phone ( E-Mail Address Mailing Address City State Zip + 4 Physical Address City 12203 Vehicle Maintenance and Lube & Oil State Zip + 4 Page 18 of 34 OWNERSHIP |eyour firm asubsidiary, parent, holding company, cvaffiliate ofanother firm? Please explain: CONTRACTOR QUESTIONNAIRE Page 2 of 4 Yee: FINANCIAL RESOURCES AND RESPONSIBILITY Within the previous five years, has your firm been the debtor of a bankruptcy? Yao� Please explain heyour firm inthe process oforhnnegotiations toward being sold? Please explain Yes: No Within the previous five years, has your firm been debarred from contracting with any local, state, orfederal government contract? Yes: Please explain Within the previous five years, has your firm been determined bobeanon- responsible biddmrforapnopoma|foranygovonnmontcontnact? Please explain Yes: No Within the previous five years, has ogovernmental orprivate entity terminated your � firm's contract prior to contract completion? Yes: No: Please explain Within the previous five years, has your firm used any subcontractor to perform work onogovernment contract when that subcontractor had been debarred byo governmental agency? Yes: No: Please explain 1220sVehicle Maintenance and Lube&Oil Page 19 of 34 BIDDER: CONTRACTOR QUESTIONNAIRE Page 3 of 4 Within the previous five years, has your firm been the defendant in court on a matter related to any of the following? • Payment to subcontractors? Please explain • Work performance on a contract? Please explain Yes: Yes: No: No: Does your firm have any outstanding judgments pending against it? Please explain Yes: No: Within the previous five years, has your firm been assessed liquidated damages on a contract? Yes: Please explain No: Has your firm received notice of and/or in litigation about patent infringement for the product and/or service that your firm is offering to the City? Yes: Please explain COMPLIANCE Within the previous five years, has your firm or any of its owners, partners, or officers, been assessed penalties or found to have violated any laws, rules, or regulations enforced or administered by a governmental entity? This does not include owners of stock if your firm is a publicly traded corporation. Please explain Yes: No: No: License(s) are required to perform the services sought by this solicitation. Within the previous five years, has your firm had a license suspended by a licensing agency or been found to have violated licensing laws? Yes: No: Please explain 12203 Vehicle Maintenance and Lube & Oil Page 20 of 34 BIDDER: CONTRACTOR QUESTIONNAIRE Page 4 of 4 BUSINESS INTEGRITY Is a governmental entity or public utility currently investigating your firm for false claims or material misrepresentations? Please explain Within the previous five years, has a governmental entity or public utility determined your firm made a false claim or material misrepresentation? Please explain Yes: No: Yes: No: Within the previous five years, has your firm or any of its owners, partners or officers been convicted of a crime involving the bidding on a government contract, the awarding of a government contract, the performance of a government contract, or of a crime of fraud, theft, embezzlement, perjury, bribery? This does not include Owners of stock if your firm is a publicly traded corporation. Please explain REFERENCES References: Bidder must have satisfactorily completed or currently maintained three (3) vehicle maintenance service contracts that included lube, oil and filter services in the last five (5) years: Yes: No: 1. Location and for whom performed: Telephone: 2. Location and for whom performed: Contact Person, Telephone: Contact Person: 3. Location and for whom performed: Telephone: Contact Person; 12203 Vehicle Maintenance and Lube & Oil Page 21 of 34 IX. SA PLE C 9 T 0 ACT AGREEMENT CITY OFYAK|MA B|D122O3 Vehicle Maintenance and Lube & Oil Services THIS AGREEMENT, entered into unthe date of last execution, between the City ofYakima, eWashington municipal corporation 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 nomiD8(S) and furnish all tools, materials, labor and equipment (collectively referred N as ^G8rvioeS') @ouundiOg to the procedure outlined in Bid [# and Name] Specifications which are attached as Exhibit A. and the most nyC8Ot edition of the ANG|/T|/VE|A and NEC Standards, all of which are incorporated herein by this reference, and nh8U perform any alterations in or additions to the work provided under this Contract and every part th8nan[ Work shall begin within [XX] business days after Notice tD P0naod and becomplete within [XX] business days. 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 aoare mentioned in the specifications k)b8furnished bythe City ofYakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B. 8Unoh8d hereto and incorporated herein, which Exhibit includes the Speoif|o8\iOOo and payment SChodu|8 of itemized prices as ||ubod in the Contractor's Bid submittal 8tthe time and in the manner and upon the conditions provided for the Contract, 3. Contract Term The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend the Contracton 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 Citv Provides advance notice of the intention to not renew, or unless the Services have been completed to the City's satisfaction prior to any automatic renewal, 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 Ofthe other. h. The Contractor for himself, and for his heirs, executors, 8dmiOiStmtonS. Suoc883Ors, and aSSignS, does hereby agree to the full performance Ofall the covenants herein contained upon the part 0fthe Contractor, G. Property Rights All n3ound9 Or papers of any sort m|okinA to the City and to the project will at all times be the property of the City and 8h3|| be surrendered to the City upon demand, All information concerning the City and Said project which is not otherwise o matter 8fpublic record or required by law to be made public, is confidential, and the Contractor will not. in whole or part, now orat any time diSd0S8 that information without the express written consent ofthe City. 7. Inspection and Production ofRecords a. The records no|aUOg to the Services shall, at all times, be subject to inspection by and with the approval of the C|h/' but the making of (or failure or delay in making) such |nSp8CUOO or approval uhGU not relieve Contractor of responsibility for zzzosVehicle Maintenance and mbe&Oil Page azo/ao performance of the Services inaccordance with this Contract, notwithstanding the City'S knowledge ofdefective mnon- complying Dehonn8nco,d3SubStaOU8|kvorth888000fdsU .00ntraCtoruh8UpmNd8thaC|h/SUffiCient.aofe.3Od proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating hothe Services will b8provided tDthe City upon the Citv'nrequest. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may berequested by the City. Until the expiration ofsix () years after final payment ofthe compensation payable under this COntraS, or for o longer period if required by law Or by the Washington Secretary Of Gtate'8 record mt8nUOO onh8dU|8. Contractor shall retain and provide the Qh/ 8CC8Sa to /8Od the Qb/ shall have the right to examine, audit and copy) GU of Contractor's booku, documents, papers and records which are related to the Services performed by Contractor under this Contract. C. All records relating to Contractor's services under this Contract must bemade available to the City, and the recordrelatiOg to the Services are City of Yaki0o/Yakima County records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.5SRQW,orbylaw. All records relating toContractor's services under this Contract must be retained by Contractor for the minimum p8hOU of time required pursuant to the VV8ShiO00JO Secretary ofGtaha'nrecords retention schedule. d. The terms ofthis section shall survive any expiration ortermination ofthis 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, dOCu08nt3, p|8OS, copyhgN3, specifications, working papers, and any other materials Ulo 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 hoperform all Services under and pursuant bzthis Contract |nfull compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, State, |0c8|, or otherwise, |no|UdiD0 policies adopted by the Qty. as those |8wm. OndiO8Ocex. 0|Go, mgU|8\i0Oe, and policies now exist Ormay hereafter be amended or enacted, Contractor shall procure and have all applicable and necessary permits, |iuenouu and approvals ofany federal, state, and |OCG| government or governmental authority V[this project, pay all charges and fn8o' and give all nUdC8S n9C8SS8ry and incidental tOthe due and lawful execution [dthe work. a. Procurement of a City Business License. Contractor must procure e C|b/ of Yakima Business License and pay all charges, fees, and taxes associated with said license. b Contractor must provide proof of8valid Washington State Contractor Registration number, c. Contractor must provide proof of3valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof Uf@valid Washington Unified BUSiO9Ss |d8OUfinGbon /UB0 number. Contractor must have G current UB| number and not b8disqualified f0m bidding On any public works contract under RCVV39.O8.O1U[x e. Contractor must provide proof Of8valid Washington Employment Security Depaftment number 3s required bvTitle 5O [ Although the City does not require foreign corporate proposers 1oqualify in the City, County orState priorh}submitting 8proposal, itiS specificallyunderstood and agreed that any such corporationvNU promptly take all necessary measures to become authorized to conduct bUSiO(sS in the City of Yakima at their own 8xp8OS8, without n8Qand to whether such corporation is actually awarded the contract, and in the event that the award is made, prior t0conducting any business iOthe City. 11. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person OOthe grounds 0frace, creed, color, religion, national origin, sex, age, marital Statuo, sexual orientation, gender id8ntitv, pn9gO8OCy, veteran's utatuu, political affiliation or belief, or the presence of any sensory, 08Ot8| Or physical handicap in violation of the Washington State Law Against Discrimination (RCVV Sh8ptar49.8O) or the Americans with Disabilities Act (42UGC12101 etS8ql This provision Sh3U include but not be limited t0the following: employment, upAradiOg, demotion, transfer, recruitment, advertising, layoff O[termination, rates Of pay Orother forms of u0mpunuo8|Vn' selection for training, and the provision of S*m|oeo under this AOnuomonL In the event of the Contractor's noncompliance with the non-discrimination clause of this contractorwith any such rules, regulations, o[ orders, this Contract may becancelled, terminated, Orsuspended inwhole OriOpart and the Contractor may bedeclared 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 inh>nnGt|un ofother employees or 8pp||oontS as 8 part 0ftheir essential job functions cannot dioC|nne the pay of other employees orapplicants h> individuals who do not otherwise have access 03compensation information, unless the disclosure is (a) in [eSpOOSe to 8 h}[08| complaint or charge, (U) in furtherance of on investigation, proceeding, Uear|ng. 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 o. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees 03 re|88Sn. |nUn0nUy. defend' and hold henn|ouo the City, its o|oct*U and appointed officials, offiQ8nS. 80p|Oye8S. 8gentS, mpreoontuUvou, insurers, ottomoyo, and volunteers from all liabilities, |ouuao, 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, orany Contractor's agent or subcontractor, in pudhrm@nro of this Agreement, except for claims caused by the Qtv'n ou|e O8g|iy8OC8. The City'm right to indemnification includes o8omoy'ufeem costs associated with establishing the right to indemnification hereunder iOfavor Ufthe City. b. If any suit, judgment, 8cUOn' C|8|m 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 tothis Contract, each party ohuU be liable for its proportionate Sh8n3 Ofnegligence for any resulting suit, judgment, uot|on, claim, domanU, damages or costs and expenses, including reasonable attorneys' fees. o. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the VY8ShiDgk)O State industrial insurance 8C[ Title 51 RCVV solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of Uomugoa, compensation or benefits payable hourbyany third p8dx under workers' compensation acts, U|aabi|dv benefit acts Vrany other benefits acts n[programs. Contractor shall require that its subcontractors, and anyone directly O[ |nU|moUy employed or hired by Contnook>r, and anyone for whose acts Contractor may be |i8b|o in connection with its performance of this Agreement, comply with the terms of this p8n8gn8ph. waive any immunity granted under Title 51 RCVV' and 8SSu0o all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. 1220uVehicle Maintenance and Lube&Oil Page o4of 34 d. Should 8court of competent jurisdiction determine that this Agreement is subject toRCW4.24115,then, iOthe event of liability for damages arising out Ofbodily injury to persons or damages to p0p8hv o8US8d by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and costtodefend, shall Uoonly tothe extent 0fthe 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 /t all Um9S during p9rfonn8OC8 of the Services and this Contract, Contractor Sh8U uHcUn3 and maintain in effect iOSu[3Dne to protect the Qh/ and Contractor from and against any and all C|a|mS, d3m8gaa. losSG9. and ewp8OSem arising Out of or r8SU|UOg 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 D8C8Saary in the best interest of the public. Contractor will provide 8 Certificate Of |nSunBDon to the City as 6wid8OCo of coverage for each Of the pO|iSi8S 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 0ocommencement Ofwork. Failure nfCity tOdemand such verification Ofcoverage with these insurance requirements Urfailure VfCity k)identify @deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any |nSU[3OCe, self-insurance orinsurance pool oOm8rag8 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 tnterminate the Contract. The following insurance is required: a. Commercial Liability Insurance Before this Contract iSfully executed by the parties, Contractor shall provide the C|h/ with 8Sortificat8 of insurance on proof Ofcommercial liability insurance with ominimum liability limit OfTwo Million Dollars ($2.00O'OOO.UO) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2'000'000.00 general aggregate. If Contractor carries higher coverage |inndS. such limits shall be shown on the Certificate of Insurance and Endorsements and the Citv, its elected and appointed offio|o|o, ump|oyeoa, ogonta, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract, The policy shall name the City [fYakima, its elected and appointed officials, employees, agents, attorneys and volunteers GSadditional insureds, and shall contain 8clause that the insurer will not cancel 0[change the insurance without first giving the City prior written notice. The insurance shall be with 8ninsurance company orcompanies rated A- V] I or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City ofYoNm3'S review nracceptance of insurance 0GiO1oin8d by Contractor is not intended 03 and 8h8|| not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract isfully executed by the parties, Contractor shall provide the City with 8certificate nfinsurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the Cdv. its elected and appointed offioia|u, omp|oyaeu, agen1o, attorneys and volunteers uhoU be named as zzunsVehicle Maintenance and Lube&Oil Page osofa4 additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy Ou0bgr, and when the policy and provisions provided are ineffect. Said policy Sh8U b8iOeffect for the duration of this Contract. The policy shall name the City ofYakima, its elected and appointed offiC|8ls,Smplovuuu'aoents,attom8yo and volunteers as additional |noumdG. and Shd| contain 8 d3uno 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- VIIorh|gUor|n8exYoGuide and admitted in the State of Washington. The requirements contained herein, as well as City OfY8hime'o review or 000ept3nnR Of insurance maintained by Contractor is not intended to and oh8U not in any manner limit or qualify the |iobiU1|eu or obligations assumed by Contractor under this contract. The Uuuino8S auto liability Sh8U include Hired and Non -Owned coverage if necessary. c. Liability (Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' Comp8OSation, occupational diS8Goo. and OcCUD8UOnal health and safety |owo. statutes, and regU|8UOnS 03 the h]U extent applicable, and 9h8U maintain Employer's Liability insurance with alimit ufnoless than $1'OOU,OUO.00.The City shall not b8held responsible in any way for n|u|mo filed by Contractor or its employees for services p8dhnned under the t8nnS of this Contract. Contractor agrees to assume full liability for all o|o|mu arising from this Contract including claims n3Su|Ung from negligent acts of all subcOn(raCtor(o).COOtrautor is responsible to 8nSUr8 subcontractor(s) have insurance as needed. Failure Of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Commercial General Liability: Combined Single Limit: Automobile Liability Garage Liability Garage Keepers Liability $2.00O.OUOPer Occurrence $2.00O.00OAnnual Aggregate $2.U00'000Per Occurrence $1'OOO.O0OMinimum Limit $20O.00OMinimum Limit 15. Sovermb|bv If any term orcondition Vfthis Contract mthe application thereof Voany pS0nn(S)orcircumstances isheld invalid, such invalidity shall not affect other terms, conditions nrapplications which can bngiven effect without the invalid term, condition orapplication. Tuthis end, the terms and conditions Vfthis Contract are declared severable. 16. Contract Documents This CUOtr3C. the Invitation to Bid 12203 Scope of Work, CnOditi0OS. addenda, and modifications and Contractor's proposal 8o the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific F8dS[3| and State laws and the t8[0S Of this Contract, in that order r8Sp8CUv8|y' Sup8nS8d8 other iOCODSi9t8nt provisions. These Contract Documents are onfile |nthe Office Ofthe Purchasing Manager, 129No. 2»uEV.,Yakima, WA, 989O1'and are hereby incorporated by reference into this Contract. 17.Tmminatim 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 o[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 8non-excluS|ve.illustrative list of instances that shall b8considered ubreach by the Contractor: 8. Defaults on an oblioUonunUarthoConract| b. Fails 0zperform any material obligation required under the Contract; c. Files apetition inbankruptcy, becomes insolvent, orotherwise takes action t0dissolve 398legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legal ly-im posed, 30-day notice; o. Makes anassignment for the benefit ofcreditors; zzzo»Vehicle Maintenance and Lvbe&Oil Page aaofa« 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. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22. 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, 12203 Vehicle Maintenance and Lobe & Oil Page 27 of 34 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: City of Yakima Purchasing Christina Payer, Buyer II 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: 23. Survival The foregoing sections of this Contract, 1-23 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 date last written below, CITY OF YAKIMA City Manager Date: [ENTER CONT • CTOR NA E] By: Date: Attest: (Print name) City Clerk 12203 Vehicle Maintenance and Lube & Oil Page 28 of 34 EXHIBIT A EXHIBIT B SPECIFICATIONS CONTRACTOR'S BID FORM 12203 Vehicle Maintenance and Lube & Oil Page 29 of 34 E TA SERVICE QUESTIONNAIRE Please check the services each service. Provide Service? your company can perform and list the number of certified mechanics available for Number of Certified Mechanics? ❑ Engine Repair Automatic Transmission Manual Transmission and Rear Axle Front End Brakes Electrical Systems ❑ Heating and Air Conditioning Engine Tune -Up 12203 Vehicle Maintenance and Lube & Oil Page 30 of 34 LIST OF EQUIPMENT Contractor must list equipment owned and which is definitely available for use on proposed work as required: 1. 2. 3. 4. 2. Detail of Equipment to be Used Condition (Name, Type, Model, Year) For LOF and Check OnlyServices: Brake Lathe: Air conditioning service center: Location Starting and charging system tester: Complete diagnostic services center: For Tire Services: Front end alignment equipment: Complete Diagnostic equipment: 12203 Vehicle Maintenance and Lube & Oil Page 31 of 34 ATTACHMENT C SAMPLE WORK ORDER - REQUIRED WITH SUBMITTAL Use 2022 FORD INTERCEPTOR AWD UTILITY ECOBOOST as an example vehicle for the purpose of costing services listed below: Service Service Transmission Parts Required: Transmission Kit Fluid Parts Brand Hours Labor Cost Parts Cost Required Total Cost Engine Tune-up Parts Required: Plugs Rotor Fuel Filter Air Cleaner Brake Repair (Including wheel pack) Parts Required: Wheel Seals Front Pads Rear Shoes Turn Rotors (2) Turn Rear Drums (2) $ $ Front End Alignment (front only) Parts Required: Front/Rear Shims Lube, 0i1, Filter Parts Required:. 5-30 Synthetic Blend Oil Filter I Air Conditioner Recharge Parts Required: Freon, 5 lbs. Mount Snow Tires, Balance, Rotate (2 tires) 12203 Vehicle Maintenance and Lube & Oil Page 32 of 34 ATTACHMENT D SAMPLE CERTIFICATE OF INSURANCE AND ADDITIONAL INSURED ENDORSEMENT Acomit CERTIFICATE OF LIABILITY INSURANCE DAM OITTYY1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMADON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED. the policydes) must hive ADDITIONAL INSURED provIalons or be endorsed. If SUBROGATION IS WAIVED. tubjeci to the brim and conditione of the policy, certain policies may rumba an endorsement. A statement on this certificate does not confer rInfits to Inc certificate nobler In BM oration andoreementral. INSURANCE AGENT ISSUING CERTIFICATE INSURED Entity Insured Address COVERAGES INSURANCE AGENT INFORMATION a _BiluftENtIliAtFORDIFilltOMM2.4 Ana_C. A , A-VIN OR 13E1 Ett, ADMITTED CARRIER INSURER F ICATE NUMBER: REVISION NUMBER: THIS TS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAND ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITISTAVDINS ANY RECILSREMENT, TERM Of coiornom Cf ANY ocenflacr OR OTHER DOCUMENT VTITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE itigatilthirCE AFFORDED BY THE POLICIES DESCRIBED HEREIN t'..) SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A TY tJr Y INIARELLA DAB EXCEED HAD SEP I ANOlitateTteCOMPTTaltAittOti OtAIPLUYTATV wow Fr m/Pkomelt:tfirit'AftirtEittEXECtIreet fiCERNEATIRAEALLLIE DINIttituty N$11, I pm, oittootla Ural.* afteiter *Ai DC$,FLATICINS Garage Lanny Garage Keepeis Liability I A POLICY NUMBER POLICY NUMBER STOP GAN EL ONLY POLICY NUMBER 021101,0 DATE DATE DTOF DATE DATE DATE EACH OCCLOINENCE 17,ENIAC,E 11.1 RENTeD 1,4WIthialF.4 AP* szendiwee 114U :44 IPtattti PERBGTIAt. It KIN TWAY CIENHilf$ ADDIECEIN ZDAPOO PROCWTII- CCItf”ftf• AOC 2.000 nap EAC•HOCCIARENCE ACION£DATI rSTA Tirf t fArttAl-IlIfte ▪ 2,13000100 • 100.000 5.1:03 1.111003013 $ GOO I DIIEME -LACK% $ 14 DNI EL (BE-roLcyuwpT i 1.000.000 it200,000 DESCRIPTION Of OPERATIONS,' LOCATION. t VEINCLES I linelka Stinatithi, atteehatI l.. $ottat l$ The City at Yakima, its agents, emptoyees autrionzetl volunteers, elected and appointed allows are incanted as Primanieron-Coniamatory additional insured. See Waned AdrialMai insured Endorsement CERTIFICATE HOLDER City of Yakima Purchasing Department 129 N. 2nd SL Yakima, WA 96201 CANCELLATION SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE lint.L BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE an 1581-2015 ACORD CORPORATION. All rights reserved ACORD 25 (20 I Se13) The ACORD name and logo are registered marks of ACORD 12203 Vehicle Maintenance and Lube & Oil Page 33 of 34 POLICY NUMBER: COMMERCIAL GENERAL UABIUTY CG20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Peison(s) Or Organization(s): The City of Yakima. its agents. employees. authorized volunteers. elected and appointed officials are included as Primaryttilon-Contributory additional insured. Information required to complete this Schedule, if A. Section U - Who Is M Insured is amended to include as an additional insured the pemorgs) cr organization(s) shown in the Schedule, but only with respect to I#ty for "'bodily Injurr, "property damageor "posonal and advertising injury' caused, in wilds or in part, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. in the performance of your ongoing oiler ns for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 Location(s) Of Covered Operations howl obov 'Jibe ehown in the B. With respect additiont inau sions apply. This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished In connection wilt such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontracted. en- gaged in performing operations for a Pfirld * as a part of the same prtaect ISO Properties, Inc., 2004 Page 1 of 1 01 12203 Vehicle Maintenance and Lube & Oil Page 34 of 34 (Contractor's Payment Schedule) VII. i « «er a e: Pep Boys Manny Moe and Jack LLC INVITATION TO BID NO. 12203 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS. Quote your lowest price for the following: Item No. 1. 2. SCHEDULE 1- Vehicle Maintenance Unit Total Price (without tax) Make/Model or Trade Name of Parts/Equipment Bid: Standard labor rate per hour: Percent discount on labor rate (or) $ 82 3. 5. Flat rate per hour offered for this bid Trouble shooting & diagnostic work per hour labor rate: Method of calculating discount on parts costs (choose one): Name of flat rate manual used for costing services: (Manual shall be provided by the successful contractor at time of award). Sub Total Schedule A: WA State Sales Tax @ 8.3%: Total Schedule A: (or) (or) Mitchell $ 82 Cost plus List price minus 10 % Other: SCHEDULE 2 Lube, 0i1 &Filter Services (LOF) Bidder offers to provide the following Lube, oil & Filter Services. Manufacturer may recommend Synthetic Blend or Full Synthetic on certain vehicles included in Police fleet. Please indicate below when applicable. City of Yakima reserves the right to make a multiple award based on the best value and geographical location. Item No. Description Qty. Unit Total Price (without tax) 6 Conventional Oil: Flat Rate Price Per Lube, Oil &Filter Change: (Flat Rate Price to include a maximum of 5 quarts of oil. Any additional quarts IF NEEDED will be 1 EA $ 32 paid separately). 6a. Price for each additional quart of oil beyond 5 quarts. 1 EA $ 4 12203 Vehicle Maintenance and Lube & Oil Page 16 of 34 List vehicles, year/make/modeithat require conventional oil: 7. 7a' Synthetic Blend: Flat Rate Price Per Lube, Oil & Filter Change: (Flat Rate Price to include a maximum of S quarts of oil. Any additional quarts IF NEEDED will be paid separately). _ Price for each additional quart of oil beyond 5 quarts, List vehicles, year/make/mode|,that require synthetic blend oi|: 8. 8a' Full Synthetic: Flat Rate Price Per Lube, 0| & Filter Change: (Flat Rate Price to include a maximum of 5 quarts of oil. Any additional quarts IF NEEDED will be paid separately). Price for each additional quart of oil beyond 5 quarts. List vehicles, year/make/modeithat require full synthetic oil: _ OIL/LUBRICANTS PROPOSED: State brands and weights of premium quality oil and list lubricants that will be available, both with the highest AP rating available. (Add additional sheet if needed). I I 1 I Sub Total Schedule B: WA State Sales Tax 8.3%: EA EA EA EA 48 � ` S 6 59.99 Pro8oc all Lubricants Conventional, Blend or Full Synthetic all Mechanical Repairs Contractor must identify if mechanical repairs are covered by manufacturer warranty prior to completing repairs. All major repairs exceeding standard |ube, oil and filter services must be approved by Police Fleet Manager prior to repair. Acknowledged by: Print Name, Title Signed Name