HomeMy WebLinkAboutPeak Industrial Inc. - Bid 12223 Bus Solar Panels with InstallAGREEMENT
CITY OFYAKIMA
Bid No 12333 Bus Solar Panels with Install
THIS AGREEMENT entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and Peak Industrial Inc, ("Contractor").
VVITNESSETH:The parties, inconsideration u[the terms and conditions herein, dohereby covenant and agree oafollows:
1. Statement mfWork
The Contractor ahuU pudbnn all work and service(s) and furnish all toos, mateha|o, labor and equipment (collectively referred to an
^Semioos^) according to the procedure outlined in Bid 12223 Specifications which are attached as Exhibit A, and the most recent
edition of the ANS|/TKVBA and NEC Stendonda, 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.
Work shall begin within 10 business days after Notice to Proceed and be complete within 90 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 n[materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in
the specifications tnbofurnished bythe City ufYakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B.attached hereto and incorporated herein, which Exhibit includes the
deliverables and payment schedule ofitemized pricesos|ietedinthaConhactor's0dnubmitta|adbhoUmeandinthemannorandupon
the conditions provided for the Contract.
3. Contract Term
The period of this contract shall be for operiod ofone year from its effective. 8uthat other unanticipated orders may be placed, nrso
that other entities may piggyback the resulting contract, prices shall remain firm for twelve (12) months from receipt of contract award.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative nfCity with regard 0uperformance ofthe
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
o. Neither the Cdv. nor the Contractor, shall assign, transfer, orencumber any hgNn, duheo, or interests accruing from this
Contract without the prior written consent ofthe other.
b. The Contractor for himself, and for his haim, oxonutnna, administrators, nuoceouom, and annigns, does hereby agree to
the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records mpapers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise o matter ofpublic
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now ora( any time dindnno
that information without the express written consent of the City.
7. Inspection and Production ofRecords
a. The records relating to the Services shall, at all Umno, be subject to inspection by and with the approval of the CUy, but
the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor ofresponsibility for
performance of the Gomioem in uoourdmnoe with this Contract, notwithstanding the City'o knowledge of defective or non-
complying
12223 Bus Solar Panels with Install - Transit Page 1 of 8
proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services
will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine,
audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by
Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's
services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The
City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor
produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to
the City.
9. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of
completion and acceptance of the Services.
10. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise.
Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local
government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due
and lawful execution of the work.
a. Procurement of a City Business License. Contractor must 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.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have
a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the
City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own
expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is
made, prior to conducting any business in the City.
12223 Bus Solar Panels with Install - Transit Page 2 of 8
11. Nondiscrimination Provision Maybe Superseded byFederal Civil Rights Requirements Clause (Attachment Aand/or B)
During the performance ofthis Contract, the Contractor agrees oofollows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital
otatus, sexual ohantaUnn, gender idontity, pregnancy, veteran's status, political affiliation or belief, or the presence of any nonsory,
monbm| or physical handicap in violation of the Washington State Law Against Discrimination (RCVV ohapter40.8U) or the Americans
with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not bo limited huthe following: employment,upgrading, domoUon, honofe/, recruitment, advertising,
layoff ortermination, rates of pay orother forms of compensation, selection for training, and the provision of Services under this
Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contractorwith 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. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants honauwo 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 ofother employees or applicants as o part uftheir essential job functions cannot disclose the pay of other
employees orapplicants ho individuals who do not otherwise have access to compensation inhnrmohon, unless the disclosure is (u) in
mopunea to u formal complaint or charge, /N in furtherance of an investigation, pmneeding, hoaring, or orUon, including an
investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons orproperty. The
Contractor agrees to m|euao, indnmnifv, defend, and hold hann|eua the City, its o|odad and appointed officio|u' offioom,
omp|oynao, agents, mpmonnbmtivom, insurers, attorneys, and volunteers from all liabilities, |oonno, damygau, and
oxponxou m|obud to all o|aimo, ouits, arbitration aotionu, invoxtigaUono, and regulatory orother governmental proceedings
arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any
Contractor's agent or oubcontmctnr, in performance of this Agreement, except for claims caused by the City'o uo|o
negligence. The Cih/'s right to indemnification includes oUomoy'o faou costs oe000iabad with establishing the right to
indemnification hereunder infavor ofthe City.
b. Industrial Insurance Act Waiver. It is specifically and uxpnuon|y understood that the Contractor waives any immunity
that may be granted to it under the Washington State industrial insurance oct. Title 51 RCVV, solely for the purposes of
this indemnification. Cun(rodu/o indemnification uhoU not be limited in any way by any limitation on the amount of
dumogox, compensation or benefits payable to or byany third party under workers' compensation acts, disability benefit
eotn or any other benefits acts or programs. Contractor ohoU require that its ouboontmobnre, and anyone directly or
indirectly employed or hired by Contmotor, and anyone for whose acts Contractor may be liable in connection with its
performance of this Aoreomont, comply with the terms of this pumgxaph, waive any immunity granted under Title 51
RCVV, and assume all potential liability for actions brought bytheir respective employees. The Parties acknowledge that
they have mutually negotiated this waiver.
o. Ghnu|dunourtnfunmpo(ontjurisdiotiundeh*rmino(hat(hiaAomnmont|aaubjeoitoRCVY424.115.then.inthnovnntof
liability for damages arising out ofbodily injury to panuuno nrdamages ho pmpodx nouaod by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall
hoonly &othe extent of the Contractor's negligence.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any
third party.
o. The terms of this Section shall survive any expiration or termination of this Contract.
12223 Bus Solar Panels with Install - Transit Page 3 of 8
14. Contractor's Liability Insurance
At all times during podonnanua of the Gomicou and this Contract, Contractor shall secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, |nomeo, and axpnnooa arising out ofnr resulting from the
performance ofthis Contract.
Contractor shall provide and maintain in force insurance in limits no less than thatstated below, oo applicable. The City reserves the
right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of
|nuumnoo to the City as evidence of onvonago for each of the policies and outlined herein. A copy of the additional insured
endorsement attached hxthe policy will boincluded with the certificate. This Certificate nfinsurance shall beprovided hnthe City, prior
hocommencement ufwork.
Failure ofCity todemand such verification of coverage with these insurance requirements mfailure of City to identify a deficiency from
the insurance documentation provided shall not beconstrued aaowaiver ofContractor's obligation homaintain such insurance.
Contractor's insurance coverage shall boprimary insurance with respect hothose who are Additional Insureds under this Contract. Any
insurance, nn|Ansununoo or insurance pool coverage maintained by the City uhoU be in excess of the Contractor's insurance and
neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's
insurance.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect,
all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause
for the City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Cnntnyo( is fully oxnoubad by the portioo. Contractor shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars ($2,UOU.00O.0O)general aggregate. If
Contractor carries higher coverage limits, such limits shall be shown onthe Certificate ofInsurance and Endorsements
and the City' its o|edmd and appointed offioio|o, emp|nyeoo, aganha, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is, the onvnnoge amount. the
policy numbnr, and when the policy and provisions provided are in effect. Said policy uhoU 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-
VIIorhighnrinBnst'uGuidoandadmi#edin1heStateofVVuohinQVxn.Thnmquimmonbcontuinedherein.uowmUaoCity
of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a oartifiooku of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence.
|fContractor carries higher coverage limits, such limits uhoU be shown on the Certificate of Insurance and Endorsements
and the Cih/, its elected and appointed offiria|n, emp|nyoaa, oOonts, oMnmoyo and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is, the oovnnogo amount, the
policy number, and when the policy and provisions provided are ineffect. Said policy shall beineffect 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 uhoU contain aclause 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-
VIIorhighorinBout'aGuidoandodmiMedinthnStaheofWaohinghnn.Thomquimmontennnboinodhorein,00wmUeaCih/
ofYakimu'o review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner
limit orqualify the liabilities or obligations assumed by Contractor under this contract. The bun|nouo auto liability shall
12223 Bus Solar Panels with Install -Transit Page 4 of 8
c. Liability (Stop Gap)
Contractor and all subcontractor(s) ohoU at all hmoo comply with all applicable workers' oompenuohun, occupational
divaouo, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible
in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract.
Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent
ado of all oubonnhactnr(s).Conhador is responsible to onuuno 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:
$2,000,000Per Occurrence
$2.00U'OOOAnnual Aggregate
$2.OUO,0OOPer Occurrence
$1.UOO.00UMinimum Limit
$20.0NM|nimumUmit
15. Severability
Kany term ovcondition ofthis Contract nrthe application thereof h/any pomunbAmcircumstances is held invalid, such invalidity shall
not affect other terms, conditions orapplications which can bogiven effect without the invalid term, condition orapplication. Tothis end,
the terms and conditions ofthis Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12223 Scope of Work, oondiUona, addunda, and modifications and Contractor's proposal (to the
extent consistent with City of Yakima documents) conoUb/bo the Contract Documents and are complementary. Specific Federal and
State laws and the terms of this Conhad, in that order respectively, uupomada other inconsistent provisions. These Contract
Documents are onfile inthe Office nfthe Purchasing Manager, 128No. 2wGt..Yakima, WA, 88Q01.and are hereby incorporated bv
reference into this Contract.
17. Termination May be Superseded by Federal Termination Clauses (Attachment Aand/or 0
Termination for Cause
In the event the Contractor breaches this Cundnuot. the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its uo|o discretion in such event that it
provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice.
The following represents anon-exclusive.illustrative list of instances that shall beconsidered obreach by the Contractor:
o. Defaults unanobligation under the Contract;
b. Fails toperform any material obligation required under the Contract;
o. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legal ly-impooed.30-daynniioe;
o. Makes onassignment for the benefit nfcreditors;
t
Q.
Fails to follow the sales and use tax certification requirements of the State of Washington;
Incurs a delinquent Washington tax liability;
h. Becomes aState orFederally debarred Contractor;
i |oexcluded from federal procurement and non -procurement Contracts;
,
Fails to maintain and keep inforce 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, mcontaining Personally Identifiable Information;
i Contractor performancethreatens the health nrsafety ofoCity, County mmunicipal employee; or
1zzanBus Solar Panels with Install Transit Page sofu
Termination
Con
� for venience
The City may terminate the Contract, without cause, by providing 3Odays written notice of termination.
In the event of termination for convenience, the Contractor ahoU be onUUod to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services. In this ovont, compensation for such partially
completed uamioaa mhuU be no more than the percentage of completion of the services mquestod, 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.
Chanqe inFundinq
hiaddition hothe above termination provisions, if the funds upon which the City relied toestablish this Contract are withdrawn, reduced,
or |imihud, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least
five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination.
18. Dispute Resolution
|nthe event that any dispute shall arise uoto the interpretation nfthis agreement, nrinthe event ofonotice ofdefault aotowhether
such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties
ohoU first pursue mediation as a moans to resolve the dispute. If the afore mentioned methods are either not uuooaosfu| then any
dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both
parties consent in writing, other available means of dispute resolution may be implemented.
19. Re -Award
When the contract is terminated by the Contractor upon providing the written notice as herein mquimd, the City, pursuant toCity
ordinance, may re -award the contract to the next most responsible Bidder within 120 days from original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is
terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible
Bidder within 12Odays from original award.
20. Force Maeure
Contractor will not be responsible for delays in delivery due to ants of God, fim, sthken, opidomico/pundemioo, war, riot, delay in
transportation orrailcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual
delay. NnrmaUy, in the event orany such do|oyx /udo or God, etc.) the date ofdelivery will be extended fore period equal to the time
lost due buthe reason for delay.
21. Governing Law
This Contract shall begoverned byand construed inaccordance with the laws of the State of Washington,
22.Wenue
The venue for any judicial action to enforce or interpret this Contract xhoU lie in a court nfcompetent jurisdiction in Yakima Counh/,
Washington.
23. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor
to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract.
24. Change or Notice
Any alterations, including changes 0nthe nature ofthe service, made tnthe Contract shall borendered irfwhUngand signed
by both
responsible parties; no changes without such signed documentation ahoU be valid. Noalterations outside of the, scopeend
intent o[the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
12223 Bus Solar Panels with Install - Transit Page 6 of 8
In no event shall the Contractor be paid or be onUUod to payment for services that are not authorized herein or any properly executed
amendment.
Notice nfBusiness Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the
tuni|iUae of the Contractor urofthe facilities of any subcontractor. The Contractor shall notify the City in writing an soon as ponuibln,
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 Cihy, either substantially and unreasonably enlarges the Contractor's duties
honaundor, or renders pndonnanoo, enforcement or compliance with the totality nfthe Contract imp000ib|o, patently unmouonab|o, 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 ofYakima Purchasing TO CONTRACTOR: Peak Industrial, Inc
Christina Payer, Buyer || 1602RudkinRd
129North Second Street Yakima, WA 88001-4030
Yakima, WA 98901
25. FTARequirements and Changes
The Contractor shall ut all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and
directives. The Contractor's failure to so comply shall constitute a material breach of this Agreement.
26.Federal Funding
On the basis of the federal funding that may be part of the funding for the goods and services provided by the Contractor under this
AonmmonL and to assure compliance with all federal regulations associated with services compensated with federal funds, the
Contractor must also comply with the specific provisions of Common Rule, the Office of Management and Budget (OMB) 2 CFR 200,
and the Federal Transit Administration (FTA) regulations, policies, procedures and directives, which are fully incorporated herein. The
Contractor's failure to so comply shall constitute a material breach of this Agreement.
If there is any conflict between the terms expressed in this primary Agreement and those set forth in 2 CFR 200 and/or the FTA
requirements, the terms and conditions of the most stringent clause shall prevail.
27. Survival
The foregoing sections ofthis Contract, 1-27induoivo shall survive the expiration or termination of this Contract in accordance with their
UNWITNESS WHEREOF, the parties hereto execute this Contract oaufthe date last written below.
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City Manager
Date: I �c
»
CITY CONTRACT
/
12223 Bus Solar Panels with Install - Transit
PEAK INDUSTRIAL INC
(Print name
Page 7ufx
EXHIBIT A
EXHIBIT B
SPECIFICATIONS
CONTRACTOR'S BID FORM
12223 Bus Solar Panels with Install - Transit Page 8 of 8
(Specifications)
YA
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128North 2nmStreet ° Yakima, Washington ° 98901 & (508)575-6093
August 2, 2023
Dear Sir orMadam:
Subject: Bid No. 12223 Bus Solar Pane|s-Transit
Addendum No. 2—Indemnification and Hold Harmless Clause
Amendment to Indemnification and Hold Harmless Clause:
Remove:
a. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or
omissions ofboth the Contractor and the City, or their elected or appointed officials, officers, employees, agents,
attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence
for any resulting suit, judgment, aotion, u|aim, domand, damages nrcosts and expononn, including m000nah|o
attorneys' fees.
Please acknowledge receipt ofthis addendum onthe Cover Sheet, page two /2\ofthe Bid
document.
|fyou have any questions please contact nneat(5O9)57G-60S6�
Christina Payer, [PPB
Buyer 11 - City of Yakima Purchasing
CC: File
xx8uos7s-6oss o8ns>s7s-6oyo p(sos)s7s-6ss4 sdhri,una.pavew@vaNmawa.Aov xxwwwyaNmowm.guv/semices/p"ohaoimg
8/2/22, 2:47 PM
Public Purchase: Bid BID #12223 - Bus Solar Panels with Install
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By: cpayer
Aug 1, 2022 8:35:43 AM PDT
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2.
Addendum No. 2 - Amendment to
Indemnification and Hold
Harmless Clause
By: cpayer
Aug 2, 2022 2:47:16 PM PDT
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urchase.
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Bid BID #12223 - Bus Solar Panels with Install
Bid Type BID
Bid Number 12223
Title Bus Solar Panels with Install
Start Date Jul 29, 2022 9:09:49 AM PDT
End Date Aug 12, 2022 11:00:00 AM PDT
Agency City of Yakima
Department City Transit
Bid Contact Christina Payer
(509) 576-6696
Christina.Payer@YakimaWA.Gov
129 N 2nd Street
Purchasing Division
Yakima, WA 98901
Description
The city of Yakima Transit Division received grant funding to purchase and install sixteen (16) non -hybrid standard engine
battery charging solar panels to be installed on sixteen (16) diesel fixed -route buses.
Bid Thermo King or Acceptable Brand
Other FTA acceptable brands:
Kyocera
Sharp
New Bid Closed Bids My Stuff Tools
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On the basis of the federal funding that may be part of the funding for the goods and services provided by the Contractor
under this Agreement, and to assure compliance with all federal regulations associated with services compensated with
federal funds, the Contractor must also comply with the specific provisions of Common Rule, the Office of Management
and Budget (OMB) 2 CFR 200, and the Federal Transit Administration (FTA) regulations, policies, procedures and
directives, which are fully incorporated herein. The Contractor's failure to so comply shall constitute a material breach of
this Agreement.
Contractor Must Upload:
1. Cover Sheet/Signature Page
2. Warranty Information
3. Bid Form
4. Contractor Questionnaire
5. Contractor References
6. Relevant Federal Certifications
The list above may not be all inclusive. Be sure to READ the entire Bid document and include everything that is required.
Items Details
v. Code Item Qty Unit Brand
Schedule I
Solar Panel Kit 110W/24V System
To include:
Panel, Charge Controller, Battery Harness, Warning Template
Schedule I
Solar Extension Harness 25'
Schedule I
Shop supplies, environmental fees, etc
Please list out:
Schedule I
Technology Fees
Schedule I
Installation charge per solar panel
Documents
16 ea Thermo King
16 16
16 ea
16 ea
16 ea
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8/2/22. 2:47 PM Public Purchase: Bid BID #12223 - Bus Solar Panels with Install
Name Acceptance Required
I 12223 Bus Solar Panels Transit FINALdoc Yes [Download]
12223 Addendum No, 2.pcif Yes [Download]
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City of Yakima
NOTICE TO BIDDERS
0A012223
Notice is hereby given by the undersigned that electronic sealed Bids will be
accepted via PubUuPurchase.com until the hour of 11:00o0AK8 PST on August
12, 2022. Bids will be publicly opened inYakima City Hall, Council Chambers,
129 N. 2nd Street, Yakima, Washington 98901. At such time, Bids will be
publicly read for: Bus Solar Panels with Install
Instructions to register with Pub|icPuohase.com are available at
www.yokimawm.Qov/services/purchasin8.
The City of Yakima reserves the right to reject any & all 8|Ds. The City hereby
notifies all Bidders that itwill affirmatively ensure compliance with VVA State
Law Against Discrimination (R[VV chapter 49.60) & the Americans with
Disabilities Act (42USC121O1stsetj
The City ofYakima has established a Disadvantaged Business Enterprise (DBE)
program in accordance with regulations of the Department ofTransportation
(DOT)49CFRPart 26. |tisthe policy ofthe City toensure that D8E's,asdefined
in49CFRPart 26,have onequal opportunity toreceive and participate inDOT-
assisted contracts, The [bv's current goal proposes that 096 of all DOT funds
expended in DOT -assisted contracts will be let to certified DBE firms that are
available, willing, and able. The City ofYakima hereby notifies all proposers that
it will affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full
opportunity tnsubmit proposals in response tothis invitation and will not be
discriminated against onthe grounds of race, color, sex, sexual orientation, or
national origin in consideration for an award.
Dated July 26'2O22. Publish onJuly J7and July 29,2O22
Christina Payer, CPPB
8uyerU
12223 Bus Solar Panels with Install - Transit Page 1 of 48
CITY OF YAKIMA INVITATION TO BID 12223
COVER SHEET
THIS IS NOT AN ORDER
BID Release Date: July 29, 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 Transit
2301 Fruitvale Blvd.
Yakima, WA 98902
Buyer in charge of this procurement (Contact for further information):
Christina Payer, CPPB
Buyer II
Rids Must be completely uploaded by:
August 12, 2022 at 11:00:0o AM PST
Public Opening 0
PROJECT DESCRIPTION SUMMARY
Phone
E-Mail Address
(509) 576-6696 Christina.paveravakimawa.00v
Bus Roof Top Mounted Solar Panels with Install
for 16 Transit Buses
El 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 !fall parties agree. The
City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies.
We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid.
Company Name
Company Address
Name of Authorized Company Representative (Type or Print)
Title
Phone (
Fax
Signature of Above
Date
Email Address
12223 Bus Solar Panels with Install - Transit Page 2 of 48
Invitation tmBid #12223
1. Contents
i Contents
U. GENERAL INFORMATION
1. Purpose ......... ...... ..........
_J�
2. Contracting Agency and Point ofContact ��,,_^._~_.__~~~__-5�
3. New and Unused
4. Best Modern Practices
5. EquaVApprovedEqua|
O. Exceptions
7. More orLess
6
8. Use ofUnapproved Submditutiono-----._.-�_.___�.�_*_���+�_��_�_'_'_,___-",'~__,_,_____,��
9. Contract Term ....................................................... ~~,......
�=_____~_.,,_~~.~_~^.~^._~_-_^_.~"_~~�/
10. Pricing and Discount ............ 6
11. Price Clarifications
12. Expansion Clause ^"~-, ,.-^___..._~~=°~~^=^_^~'-~~'_^~^°~~~�'
13. Warranty --~...... ~------�--�^^�--.........
��
14. Warranty Coverage , ...... ,~...... ° ,~__-.
15. Panndo
16. Regulations and Codes ............................... ....... ......
".-,-._-__'.-.�~~-.-'~~j�
17. Prompt Payment ,^* ,~,___~=°.'__~^_,_"~-~~,~°~^~,_~~_^'--~7
18. Deviatio
ns °"'^.����''^°~~~�^~=~7
19. Payments ............
20. Payment Method - Credit Card Acceptance~�.... --- ........ - --~--7
21. Acceptance ofTerms 8�
22. Sales Tax 8
23 Tax ._-u ~^~�� ^
� -~ ~~~ ^ ^~`___^_�_���_~�_���__�_-,_,__.__^m
24. Clarifications and/or Revisions toSpecification and Requirements ....... ......
__~_~__.
25. Incurring Costs '`''-~~=v--~_"^~~__.~~__8
J6. NoObligation 10Contract
37. Retention ofRights ........ ~~___^_,-,__._.~_,,~__,-_^_-~~_^~~A
28. Points Not Addressed .^_~.'
29. Materials Bought from Different Gupp|i�r_~=.`'e°^�_°,__9
30. Errors and Omissions .... _.~._-~°».~=.=~.~~_^=^~"~~^_^~~.'^~-~^.~.~~_~'9
31. Changes '"'��...... *^-*f�_^-,^_----_'^...... -,_~.^`�9
Ui PREPARING AND SUBMITTING ABID
1. General Instructions ~ ~~---"`_~~_�__`��.-��^_�^�9
3. Submitting oBid ............................................ ____~.~~_~.,..-,_~.,'~~.-__...... ................ __....... 8
3. ProhibitionofBidderTerma&Conditiono- _.,__f~_-v_10
4. Multiple Bids ~..~°_.°.,,._�_,,.............. ,1O
5. Withdrawal ofBids ......... _=.°~_^^`_......... 10
|V. BIDDERS CHECKLIST .....1O
V. EVALUATION AND CONTRACT AWARD ............. ____°_.___=°__~_~_,_°_.__,=,.,_',_°_-~_~-~_~_.".... 10
1 Bk�Exe|uoUon� ' ^ ^ � ' - ` , .' ^.~1O
� ~~.�`'~. ' ' -' ` ^'
2. Offer in Effect for Ninety (90) Oayu----' 10
3. Protest Procedure �11
4. Sample Contract and Terms and Conditions 11
V1. 8C{]pE OF WORK `. ......... _-___^._~_.."i2
1 Solar 12
� ^^y_�-_*_*,_��"�-__-.�v_�°w_.=__~._~^p_`~._
2. Installation Process ...................................... ~,~~___..=,~_=__^_~_-- 12
3. Installation Guideline ....... 12
4. Delivery/Completion ......-_-_-�__^_«��^��_._r�-�-.'12
5. Delivery Acceptance ^,' ............... 13
G. City ofYakima ER - Points ofContact ........... ..^~.=~~~^_. ........ 13
7. Project Feedback , ..-___-...... '._,... 13
V1i BID FORM .,~~,.�~._~`°.~^^~^_-...... ~..-*^~m.,~~_~~.°_~14
VUi CONTRACTOR QUESTIONNAIRE ......,_..___15
|X CONTRACTOR REFERENCES ,.......... �_............ ,.......... 17
X. SAMPLE CONTRACT ............................................ .......... ^~.~`-_~_~.~~_~.__..._^__~_~-_°~°._=^~....~.-~^~°.^18
Xi SAMPLE INSURANCE ............................................. ~.�_..-_~~_~'".^.~__.,^~~~.-.^��...... 27
ATTACHMENT A -Federal Funding .....................................
ATTACHMENT B-FlA3mParty Contract Clauses ...... 38
12223 Bus Solar Panels with Install - Transit Page 4 of 48
INVITATION TO BID # 12223
Bus Solar Panels with Install
. E E "': LI FTI
Purpose
It is the intent and purpose of these specifications to describe Bus Solar Panels with Install in sufficient detail to
secure bids on comparable units, equipment parts and material. All parts, which are necessary in order to
provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength, quality
of workmanship and material to that which is usually provided the trade in general. Any variance from the
specifications or standards of quality must be clearly pointed out in writing by the Bidder.
2. Contracting Agency and Point of Contact
This BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID
process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this
BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other
personnel performing official business for the City regarding this BID shall be made through the Buyer listed on
page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process
and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of
the Bidder.
New and Unused
All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current
production. All materials shall have physical and chemical properties to withstand the intended purpose.
Equipment design shall have sufficient excess capacity for durability and safety.
4. Best Modern Practices
All work, including design, shall be performed and completed in accordance with the best modern practices,
further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof
may not be made in these specifications.
5. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved
equal means that the make, model or trade name will be given consideration if they fulfill the same
performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall
clearly identify make, model or trade name of equipment bid on the bid form. Any equipment proposed as an
equal to that herein specified must be substantiated with supporting data to justify such request for
substitution.
6. Exceptions
Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all
exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE
SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these
specifications regardless of cost to the successful bidder.
Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to
devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage.
12223 Bus Solar Panels with Install - Transit Page 5 of 48
7. More or Less
Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids
shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm
estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will
be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated
amounts.
8. Use of Unapproved Substitutions
Contractors are authorized to only use those items covered by the contract. If a review by the City reveals that
an item other than those covered by and specified in the contract have been used, the Purchasing Manager will
take such steps as are necessary to have the item(s) returned to the Contractor at no cost to the City regardless
of the time elapsed between the date of delivery and discovery of the violation. Violation of this clause may
result in the removal of the offending Contractor's name from the City bid list for a period of up to three (3)
years.
9. Contract Term
See Section 3 of Contract
10. Pricing and Discount
The City qualifies for governmental discounts. Unit prices shall reflect these discounts.
11. Price Clarifications
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders.
Such clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can
be achieved.
Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on
the bid form. For any given item, the quantity multiplied by the unit price shall establish the extended price, the
unit price shall govern in the Bid evaluation and contract administration.
Any increase proposed shall be submitted to the Buyer listed on page 2, thirty (30) calendar days before the
proposed effective date of the price increase, and shall be limited to fully documented cost increases to the
Contractor which are demonstrated to be industry -wide. The conditions under which price increases may be
granted shall be expressed in Bid documents and contracts or agreements.
12. 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.
13. Warranty
Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against
defects or faulty workmanship and materials by the Contractor for one (1) year following inspection and
acceptance of the products by the City. Warranty shall include all costs incurred, including shipping, for repair or
replacement except that which is damaged by misuse or abuse. This one-(1) year warranty shall in no way affect
normal extended or manufacturer's warranty exceeding this one (1) year period. Contractor warrants that all
goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are
merchantable, good workmanship, free from defect, comply with all applicable safety and health standards
12223 Bus Solar Panels with Install - Transit Page 6 of 48
established for such products, all goods are properly packaged, and all appropriate instructions or warnings are
supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor
shall replace the product at their own expense, including shipping charges. Any replacement product will be
warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the
Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation
of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer,
production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more
favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and
acceptance of the goods or services.
14. 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.
15. Permits
All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the
City.
16. Regulations and Codes
To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations,
Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes.
17. Prompt Payment
Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount
proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after:
• Receipt of a properly completed invoice
Receipt of all supplies, equipment or services ordered
• Satisfactory completion of all contractual requirements
18. 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.
19. 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.
20. Payment Method — Credit Card Acceptance
The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this
agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be
12223 Bus Solar Panels with Install - Transit Page 7 of 48
required to have the capability of accepting the [itys authorized procurement card as a method of payment.
No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of
payment.
21. Acceptance mfTerms
Acceptance of 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.
22. Sales Tax
The City ofYakima'sSales Tax rate iscurrently 83V6. However, the amount ofsales tax will not beconsidered in
determining which bid isthe lowest and best bid.
23. Tax Revenues
RCVV 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.
24. Clarifications and/or Revisions to Specification and Requirements
If Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, orother deficiency in this
solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or
clarification ofthe 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.
|nthe event that itbecomes necessary toprovideadditiona|clarUyingdatuorinformation'ortoreviseunypart
of this BID, supplements or revisions will be provided to all known Bidders in the form of on Addendum. All
Addenda are posted on vvww.yaNmawm.gnv/services/punhasing and sent directly to interested parties who
have registered (per instructions onweboite)for updates tothis BID.
If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid.
25. |ncumhng Costs
The City is not liable for any cost incurred by Bidder in the process of responding to this 8|C\ including but not
limited tothe cost ofpreparing and submitting response, in the conduct ofa presentation, infacilitating site
visits orany other activities related toresponding tothis BID.
26. No Obligation to Contract
This 0D does not obligate the City to contract for sen/ioe(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 ordollar amount. Bids that stipulate that
the City shall guarantee a specific quantity ordollar amount will be disqualified (e.0. "all -or -none".)
27. Retention nfRights
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.
12223 Bus Solar Panels with Install - Transit Page 8 of 48
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.
28. Points Not Addressed
Bidders are encouraged to list any points not addressed in these specifications that they feel improve or
enhance the operation of their units.
29. Materials Bought from Different Supplier
Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined
delivery schedule to which 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 • Acts of God
Strikes • Fire
Inability to secure component materials
Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In
the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the
reason for the delay.
30. Errors and Omissions
The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non-
material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total
price, the unit price shall govern.
31. Changes
Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior
approval. If approved, she will make the change by a contract modification that will become effective upon
execution by the parties hereto. Any oral statement or representation changing any of these terms or
conditions is specifically unauthorized and is not valid.
III.''EP S
General Instructions
Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis
for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive.
2. Submitting a Bid
Bids shall be 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.
12223 Bus Solar Panels with Install - Transit Page 9 of 48
Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic
|ockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to
www.publicpurchase.com or the City of Yakima vveboite at 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 ofany 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 (RCVV42.S6 et seq.) All
sections of the response shall be made available to the public immediately after contract opening.
3. Prohibition o9Bidder Terms & Conditions
ABidder 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 [ky\ at its sole discretion, may determine the Bid to be a
nonresponsive counteroffer, and the Bid may berejected.
4. Multiple Bids
Multiple Bids from e Bidder will be permissible; however, each Bid must conform fully tothe requirements for
Bid submission. Each such Bid must besubmitted separately and labeled asBid #1,Bid #2/etc. nnthe first page
oftheir response.
5. Withdrawal of Bids
Bidders may withdraw nrsupplement their Bid at anytime uptothe bid dcoinA date and time. If previously
submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at anytime up
to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until
contract award.
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SC ECIIST
Bidder must complete and upload, as part of their Bid submittaL all required forms Ustpd helnw in ncnnvdance with
Section III ' Preparing and Submitting aBid.
" Cover Sheet/Signature Po8e Page 0 Contractor Questionnaire Pages1S-16
* Warranty Information Page 6-7 0 Contractor References PaQe17
° Bid Form PaQes14 0 Relevant Federal Certifications Page29-4Q
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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 in Effect for Ninety (90) Days
A Bid may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the
deadline for Bid due date' or receipt of best and final offer, if required, and Bidder so oQveex by submittal of
bid.
3. Protest Procedure
Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal
protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA
98901, or by fax: 509-576-6394 or email to: maria.mayhuec vakimawa.gov. The protest shall clearly state the
specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being
requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five
(5) calendar days before the solicitations due date, and protests based on award or after the award shall be filed
no more than five calendar (5) days after Award Announcement (see below for details). The following steps shall
be taken in an attempt to resolve the protest with the Bidder:
Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All
available facts will be considered and the Purchasing Manager shall issue a written decision.
Step II. If unresolved, within three (3) business days after receipt of written decision, the protest may be
appealed to the Department Head by the Purchasing Manager.
Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest
may be appealed to the Executive. The Executive shall make a final determination in writing to the
Protester.
Award Announcement
Purchasing shall announce the successful Bidder via Website, e-mail, fax, regular mail, or by any other
appropriate means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is
not based upon when the bidder received the information, but rather when the announcement is issued by
Purchasing.
Award Regardless of Protest
When a written protest against making an award is received, the award shall not be made until the matter is
resolved, unless the City determines that one of the following applies:
• The supplies or services to be contracted for are urgently required;
• Delivery or performance will be unduly delayed by failure to make award promptly;
• A prompt award will otherwise be advantageous to the City.
If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for
the award. Written notice of the decision to proceed shall be sent to the protester and others who may be
concerned.
The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority
in any manner.
4. Sample Contract and Terms and Conditions
The Sample Contract provided with this Bid Specification represents the terms and conditions which the 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.
12223 Bus Solar Panels with Install - Transit Page 11 of 48
VI.SCOPE OF 0 * K
The city ofYakima Transit Division received grant funding tn purchase and install sixteen (16) non -hybrid standard
engine battery charging solar panels to be installed on sixteen (16) diesel fixed -route buses.
1. Solar Panels
Solar panels to be 11OW/24V and extension harness 25' both shall be bid Thermo King or Approved Equivalent.
Solar Panel Kit toinclude
~ Panel
• Charge Controller
• Battery Harness
,• Warning Nameplate
Additional Items
0. Harness Solar Extension 2S'
Other FTA acceptable brands are
*Kymcera
•Shorp
2. Installation Process
Work can be completed at the contractor's location or at city of Yakima Equipment Rental (ER) Facilities; located
at23D1Fruitva|e8|vd,Yakima VVA 98902.
Installation at City Location
w^ Work hours for this project will be7amto7pm,Monday through Friday.
• Contractor will need toprovide their own tools.
•` Upon receipt of parts, contractor will schedule date/time with city ER staff to complete the install at the
city location.
Installation mtContractor's Location
w, if needed, arrangements can be made with ER staff to assist with transporting buses to and from
contractors location.
o This will befor local areas only (Yakimnm, Se|ah' Union Gap)
• Upon receipt of parts, contractor will contact city ER staff with date/time for install. |fcity assistance io
requested, arrangements for transport can bemade otthis time.
3' Installation Guideline
Please refer tothe link below for example ofbus roof top installation.
TK'S6237'11,IS-The rmo Lite-1|ation -1 nat
4. Delivery/Completion
Each bidder is required to list on the Bid form the number of calendar days he/she expectsdelivery tobemade
at the destination, in terms of time interval, following placement of order. Time of delivery/completion is
important and will beconsidered inthe evaluation ofthe Bids. Failure tninclude aspecific number ofcalendar
days may besufficient grounds for rejection ofBid.
12223 Bus Solar Panels with Install - Transit Page 12 of 48
• The city anticipates thetum'around time for projection completion to be 2 months. This will be from
the time contractor receives parts and in ready to install. Please indicate estimated lead time for parts
onbid form.
• The city anticipates that each bus will only be out of service for 1 to 1 Y2days to complete install.
S. Delivery Acceptance
Delivery will be accepted by the City of Yakima FOB Equipment Rental Division between the hours ofA:DO a.m.
and S:OD p.m. Monday through Friday, ready for regular and safe operation. The successful Bidder's personnel
making the delivery shall instruct City personnel in maintenance and proper operation of the equipment prior to
their departure from the delivery site. All equipment shall have complete pre -delivery setup and service.
If city ER staff is transporting buy delivery acceptance will be completed prior to staff leaving contractors
6. CityofYaWmm[R—Pointswf Contact
Primary Contact
Matt Kruger, Equipment Supervisor
509-576-6467
Secondary Contact (afterZ:3Opm)
Tom Cyr, Lead Mechanic
Tom cvr(&y#imawa,,&qy
509-576-6463
7, Project Feedback
Please direct any questions or need for further clarification to the buyer listed on page 2 of the bid
specifications. In order to help expedite and streamline the installation process, all questions and
recommendations are welcomed. Any resulting changes will beaddressed via addendum.
12223 Bus Solar Panels with Install - Transit Page 13 of 48
V11. BID FORM
INVITATION T0BID NO. 12223
TO BIDDER: PLEASE QUOTE YOUR LOWEST PR|CE, 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 TOAWARD THIS CONTRACT WITHIN N|NETY/8O\ CALENDAR DAYS.
uote your lowest price for the following:
'
1
�
SCHEDULE 1 — Solar Panels with Install
Bid Thermo King or Approved Equivalent
Solar Panel Kit 11OVV/24VSystem
To include:
Panel, Charge Controller, Battery
Harness, Warning Template
16
Total Price
(without tax)
6.
Solar Extension Harness 25'
Shop Supplies, Environmental Fee,
etc. Please list out:
Technology Fees
16
16
16
�
- '
Sub Total: l
�
i�
WA State Sales Tax — Destination Based @ 8.3%:
Estimated lead time for parts: Parts should bereceived
and ready for install days from date of order.
Enter Prompt Payment Discount: 96net days
Comments:
12223 Bus Solar Panels with Install - Transit
Total: �
�
|�
Project Completion: Entire project will becompleted
within days after receipt of order.
Page 14 of4o
VIII. CONTRACTOR QUESTIONNAIRE
INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the Owner
may request Vendor to provide such information within a mandatory due date. You must submit this completed form to
the Owner with your Quote. Failure to submit this form funy complete, may result in disqualification of Submittal.
CONTRACTOR INFORMATION
Contractor's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business
License No.
Number of Years Experience
(Minimum of 5 Years Required)
Phone ( )
FAX ( )
UBI No.
Federal
EIN No.
Mailing Address
City
Toll Free Phone
E-Mail Address
Physical Address
City
State
Zip + 4
State
Name the person to contact for questions concerning this proposal.
Name Title
Zip + 4
Phone ( Toll Free Phone ( )
FAX ( )
Mailing Address
City
E-Mail Address
Physical Address
City
State
Zip + 4
12223 Bus Solar Panels with Install - Transit
State
Zip + 4
Page 15 of 48
CONTRACTOR: CONTRACTOR QUESTIONNAIRE
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm?
Please explain:
Yes: No:
12223 Bus Solar Panels with Install - Transit Page 16 of 48
C
•
CT
•
1) Company Name
EFE
CES
Address (include Zip + 4)
Contact Person
Briefly describe experience/dates:
Phone No,
2) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/dates:
3) Company Name
Address (include Zip + 4)
Contact Person Phone No.
Briefly describe experience/dates:
12223 Bus Solar Panels with Install - Transit Page 17 of 48
~
0,
LE C
4
CT
AGREEMENT
CITY QPYAKIMA
0|d Nm13223Bus Solar Panels with Install
THIS AGREEMENT, entered into on the date of last exenuUon, between the City of Yakima, a Washington municipal corporation
VNTNESSBH:The parties, inconsideration ofthe terms and conditions herein, Uohereby covenant and agree as follows:
t Statement of Work
The Contractor shall p8donn all *0Mk and oomima/a\ and h]miSh all k0|S' matB[i@|S. labor and equipment kmUnoUvo|y referred to as
"Services") according to the procedure outlined in Bid 12223 Specifications which are attached as Exhibit A, and the most recent
edition of the ANG|/T|/VE|A and NEC Gt8nd8ndS' all of which are incorporated herein by this reference, and Sh8U perform any
alterations in or additions to the work provided under this Contract and every part thereof.
Work shall begin within [XX] business days after Notice to Proceed and be complete within [XX] business days.
The Contractor shall provide and bear the expense ufall equipment; work and labor ofany soft whatsoever that may be mqU|md for
the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in
the specifications 0ubefurnished hythe City OfYakima.
2. Compensation
The City ogmou to pay the Contractor according to Exhibit B. attached hereto and incorporated herein, which Exhibit includes the
deliverables and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon
the conditions provided for the Contract.
I Contract Term
The period ofthis contract shall b9for 8period Ofone year from its effective. Gothat other unanticipated orders may b8placed, OrSV
that other entities may piggyback the resulting contract, prices shall remain firm for twelve (12) months from receipt of contract award.
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
G. 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.
b. The Contractor for hi0S8|[ and for his hoim, executors, administrators, SUCC8SSOnS. and 8GS|gnu' dV88 hereby agree to
the full performance ofall the covenants herein contained upon the part Ofthe Contractor.
6. Property Rights
All records or papers of any soft relating to the City and to the project will at all times be the property of the City and shall be
surrendered hothe City upon demand. All information COOC80ing the City and said project which is not otherwise a matter ofpublic
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent Ofthe City.
12223 Bus Solar Panels with Install - Transit Page 18 of 48
7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but
the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for
performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and
proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services
will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine,
audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by
Contractor under this Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima /Yakima County records. They must be produced to third parties, if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractors
services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The
City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor
produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to
the City.
9. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of
completion and acceptance of the Services.
10. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise.
Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local
government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due
and lawful execution of the work.
a. Procurement of a City Business License. Contractor must 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.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have
a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
12223 Bus Solar Panels with Install - Transit Page 19 of 48
e. Contractor must provide proof of a valid Washington Employment Security Departmentnumber 8Srequired bvTitle 5O
[ n-Washinqton) Corporations: A�hVUOh�8C��City does p0pOS8nStOqm�dy|n�8
CUy'COu�yorState prior tOsubmitting 8proposal, it isspecifically understood and agreed that any such corporation will
promptly take all neC8SSG[y measures to become authorized to conduct bUSin8SS in the City of Yakima 8ttheir own
expense, without regard towhether such corporation is actually awarded the COOt[@nt. and in the event that the award in
made, prior hoconducting any business inthe City.
1tNondiscrimination Provision May beSuperseded by Federal Civil Rights Requirements Clause (Attachment Aand/or 0
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion,n8U003|Oi iO.o9x.age,m8hta|
status, sexual orientation, gender identity, pregnancy, veteran's Statu8, political affi|i8UOO or belief, or the presence of any ooneOry'
mental or physical honU|C8p in violation of the Washington State Law Against D|unhm|n8U0n (RCVV Chapter4S.G0 or the A0ahCanS
with Disabilities Act (42 USC 12101 et seq.).
This provision Sh8| include but not be UmKaU tuthe following: employment,upgrading, demotion, transfer, recruitment, advertising,
layoff Ortermination, rates Of pay o,other forms of compensation, selection for training, and the provision of G8micSS under this
In the event of the Contractor's noncompliance with the non-discrimination clause of this contractO[with any such rules, regulations, cv
orders, this Contract may b8cancelled, tenn|n8ted. or suspended in whole O[iO part and the Contractor may be declared ineligible for
any future City contracts.
12. Pam 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
CO0p8OSEk|on information Ofother employees or applicants as a part Vftheir essential job functions cannot disclose the pay of other
employees 0rapplicants to individuals who do not otherwise have access to compensation informaUon, unless the disclosure is (o) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted bythe employer, Vr(c)consistent with the contractor's legal duty k)furnish information.
13\ Indemnification and Hold Harmless
8. Contractor shall take all necessary precautions in performing the G9miCeS to prevent injury to persons or property. The
Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers,
S0p|VyeeS' agents, representatives, inSun8nS' attorneys, and vU|uO088[S from all liabilities, |OSSeS. d8m@g8S' and
expenses related to all d8i0u, suits, arbitration GCUOOu. |nveoUg8t|Vn8' and regulatory orother governmental proceedings
arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any
Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the Cify'u sole
negligence. The Qtv'n right to indemnification includes attomay'9fneo onn1u associated with establishing the right to
indemnification hereunder |nfavor ofthe City.
b. If any ou|[ judgment, ooUun, claim or demand a[|uao 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,
8MOrOoyu or volunteers, pursuant to this Contract, each podx uh8|| be |i8b|8 for its proportionate share Of negligence for
any resulting ou|t, judgment, onUnn, claim, dom@nd, d808gon or costs and exp8DSeo, 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 Washington State industrial insurance act, Title 51 RCYV. solely for the purposes Of
this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
zu2usBus Solar Panels with Install Transit Page zoof4o
damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit
acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or
indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that
they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall
be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any
third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract.
Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the
right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of
Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured
endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior
to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from
the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any
insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and
neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's
insurance.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect,
all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause
for the City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If
Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements
and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of
this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys
and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-
12223 Bus Solar Panels with Install - Transit Page 21 of 48
VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City
0fY8kima'o review Oracceptance Of insurance maintained by Contractor is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the C|h/ with 8 certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence.
If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements
and the Qtv' its elected and appointed officials, 80p|Oy000, agents, 8ttOm8yS and v0|uOtB8[S 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 |neffect. Said policy shall b8iOeffect for the duration nf
this Contract. The policy shall name the City OfYakima, its elected and appointed officials, employees, agents, attorneys
and vO|Unt89xS as 8ddiUOO@| |nounyUu' and Sh8|| COOt8iO @ clause that the insurer will not cancel 0rchange the iO8u[8OCe
without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-
VIIorhighnr|nBaofSGuide8nd8d0it0ed|nthoGtateofVVuohinghon.Ther8quin808n1SCnOt8inedhona|n.aowmUaoC|h/
0fY3h|ma'o review or aoo8p18nc8 of insurance maintained by Cnntn8Ck)r is not intended to and Sh8|| not in any manner
limit Orqualify the UobUiUoo or obligations assumed by Contractor under this contract. The business auto liability shall
include Hired and Non -Owned coverage if necessary.
o. (Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
diS83SH, and occupational health and safety lawS. Statuteo, and regulations to the full extent applicable, and 9hd|
08iOC8iO Employer's Liability insurance with @ limit OfOU |oS3 than $1.000,000.00. The C|h/ uhnU not be held responsible
in any way for d8i0S filed by Contractor or its 8mp|0y98S for S8miCeo performed under the terms of this Contract.
Contractor agrees to assume full liability for all claims arising from this Contract including d8|mS r83u|UOg from negligent
8CtS of all Subnnntractor(o).Contmck)r is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility.
Commercial General Liability: Combined Single Limit:
Automobile Liability:
Garage Liability:
Garage Keepers Liability:
$2,00UO0OPer Occurrence
$2.000.000 Annual Aggregate
$3,OOO.000Per Occurrence
$1.00O.00OMinimum Limit
$20,N0MinimuDlU0it
15. Severability
Ifany term Vrcondition Ofthis Contract o[the application thereof toany persOnbA[vcircumstances isheld invalid, such invalidity shall
not affect other terms, conditions O[applications which can bogiven effect without the invalid term, condition 0rapplication. Tothis end,
the terms and conditions ofthis Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12223 Scope of Work, uonditiono, addenda, and modifications and Contractor's proposal (to the
extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and
State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract
D0Cu08Otg are on file in the Office of the Purchasing Managor, 129 No. 2n« St., Yakima, WA, 98901' and are hereby incorporated by
reference into this Contract.
17. Termination May be Superseded bvFederal Termination Clauses Aand/or 0
Termination for Cause
In the event the Contractor bnaoohen this Contract, the City may terminate the Contract at its uo|o discretion in such event that K
provides the Contractor with written notice of Contractor's bn*@oh and the Contractor fails to cure its breach within 30 days of this
notice.
zzzz]Bus Solar Panels with Install Transit Page oof48
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 fails to cure its breach of the Contract within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non -procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee; or
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially
completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City,
multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion
of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or
services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting
the refund.
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced,
or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least
five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination.
18. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether
such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties
shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any
dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both
parties consent in writing, other available means of dispute resolution may be implemented.
19. Re -Award
When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City
ordinance, may re -award the contract to the next most responsible Bidder within 120 days from original award.
12223 Bus Solar Panels with Install - Transit Page 23 of 48
When 8Contractor is unable to supply goods and/or services to the City and isiObreach of the contract, Orwhen the contract is
terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible
Bidder within 120 days from original award.
20.Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fina, strikes, aoidamico/paOdomics, 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 tothe reason for delay.
21. Governing Law
This Contract shall begoverned by and construed in accordance with the laws of the State of Washington.
32. Venue
The venue for any judicial action to enforce or interpret this Contract Gh8U lie in a court ufcompetent jurisdiction in Yakima 8ountv,
Washington.
23. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor
tOexecute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract.
24. Change or Notice
Any alterations, including oh8Ognu to the nature Ofthe aemic8, 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 ofthe original Request for Proposals OriOexcess 0fallowable and accepted price changes shall b8made.
In n0event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice ofBusiness Changes: Contractor shall notify the City iOwriting within three (3) business days ofany change iDownership {f the
facilities ofthe Contractor O[nfthe facilities ofany subcontractor. The Contractor shall notify the City inwriting 8Ssoon aupossible,
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 k)the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required k)accommodate 8change in
governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties
hereunder, or v3nd8[S performance, enforcement or compliance with the totality of the Contract imposuib|e, patently unreasonable, Or
unn8C8SSG[y. NuUCeS and demands under and related to this Contract shall be in writing and sent 1othe parties attheir addresses 8S
City of Yakima Purchasing
Christina Payer, BuYerU
129North Second Street
Yakima, WA 98901
TO CONTRACTOR:
35.RA Requirements and Changes
The Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and
12223 Bus Solar Panels with Install - Transit Page 24 of 48
36.Fedmral Funding
On the basis of the hmdam| funding that may be part ofthe funding for the goods and uamioaa provided by the Contractor under this
Agreement, and to aoouna compliance with all federal regulations associated with uem|nea compensated with federal funds, the
Contractor must also comply with the 8p8C|fiC p0YiSiOOS of Common Rule, the Office of Management and Budget (OMB) 2 OFR3OO,
and the Federal Transit Administration (FTA)regulations, policies, procedures and directives, which are fully incorporated herein. The
Contractor's failure to so comply shall constitute a material breach of this Agreement.
If there is any conflict between the h*nna expressed in this primary Agreement and those set forth in 2 CFR 200 and/or the FTA
requirements, the terms and conditions of the most stringent clause shall prevail.
27. Survival'
The foregoing sections Ofthis Contract, 1-27 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 [ENTER CONT CTOR NAME]
By: ___
City Manager
Aftest: (Print name)
City Clerk
12223 Bus Solar Panels with Install - Transit Page 25 of 48
EXHIBIT A
EXHIBIT B
SPECIFICATIONS
CONTRACTOR'S BID FORM
12223 Bus Solar Panels with Install - Transit Page 26 of 48
XI. SAMPLE INSURANCE
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NO7 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; RIM cornett* holder la an ADOCTIONAL INSURED, the ponny(Iss) must hays ADDITIONAL INSURED provisions or 11e *rHlomserl.
If SUBROGATION IS WAIVED. grittiest to the tem * and condltolle of the pulley, certain malaise may require sn endorsement. A stalsmsnt on
thla cerhncata does not eonler rights to the certlIteste holler Is Sou o1 such endorsemlarntial..
PRODUCER
INSURANCE AGENT ISSUING CERTIFICATE
INSUR
Emily Insured Address
CtERA
ERT1F LATE N
R.
INSURAICE AGENT INFORMATION
tAY'. hh1.
INSURENaj AFFORO1 Morn /ermar
A.VIH OR BETTER, ADMJTTEO CARRIER
THt s ! T CETt1IFY THAT THE POUCIEC OF IP URANCE BELOIV I AVF BEOrm pw aUED TO THE INSURED NAMED ABOVE FOR THE PCUCYPERT PERIOD
� r� � DO
INDICATED. NOTWIt7HTANDING ANY REOLIREMENU, TERM O1 COITION Ot ANY CONTRACT OR OTHER DOCUMENT KITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE I.S.SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERJAS,
t` l.L, aPCNS AND CDIdOrIIOMiS OF DUCH POUCIE S. LIMITS SHOWN MAY HAVE BEEN REDUCE° BY PAID CLAIMS,
x
TYPE OF I
CON MEILCIALGENEIAL LlABLITV
Ix]
OCCUR
L,A4t7 Ff+'y}1
POLICY L„ S
<AKA
:T
UTONOBILELIABIuTY
ANY Au TO
UEB PE
UAMEO - SCREULAED
AUTCB OILY ALITOR
ALRED H314-014704E a
AUTON LADY ..AUTC$1 CARY
UMBRELLA LYAB
excess LIAO
A
T
rDls`V r1
NYA
POLICY NUMBER
POLICY NUMBER
DATE
DATE
DATE
DATE
2.003 DDD
5.000
A
$ 1,000 0DD
12Da},DDD
$ ,
s.»nv�reu Yvu.�u.oa�i $ 2
DON. I%AfRV tr'x Mmtacnl S
)1. PI
POLICY NUMBER
STOP GAPf EL ONLY
DATE
DATE
HO0.`L IEWE _ S
REUATE
$ 1,O X 4fl0
m i tAsdi.fc# .F„A%P
I EL DEEADE-Poe
Garage LtabliIty
Garage Keepers Liability
POLICY NUMBER
Loom
T s 1,DDD,DDD
$2C0.000
DEeCRIPTIOMOf OPERATIONS I LOCATI
ORO MI, AM1NYrI IVrrMA lch.1
The Clly of Yaktma. Its agents, employees, autlulnzed volunteers. elected and appointed Morris are incised as nar Non -Ca unbutoly additional insured.
See attached A4gll))2n'al Intered endorsement
TIFICATE HOLDS
IV
City of Yakima
Purchasing Department
129 N. Zit] St
Yakima, WA 0B001
ACORD 25 (20-16/03)
12223 Bus Solar Panels with Install - Transit
Is el.hrl /nrs. spins Le /squat
CANCEUA
SHOULD ANT OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
A LIT F W Pa2ERR E P RE SE NTAm WE
SIGNATURE
0 1988-2015 ACORD COMP
The ACORD name and logo are registered marks of ACORD
Page 27 of 48
All rylhi
reserved.
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG20100704
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 LIA13ILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Peron(s)
Or Organization(s):
The Cfty of Yakima, its agents. employees. authorized
volunteers. elected and appointed officials are included
as Primaryition-Contributory additional insured.
nformation required to complete this ""
Location(s) Of Covered Operations
in the Declarations.
A. Section 0 — Who Is An Insured is amended to
include as an additional insured the persion(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury, "properly
damage" or "personal ,and advertng injury
caused, in whole or in part, by
t Your a or omissions; or
2. The acts or omissions of those acting on your
behalf,
in the performance of your ongoing operations for
the additional insured(s) at the iocation(s) designated above.
CG 20 10 07 04
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply.
This insurance does not apply to "badly injurf or
property damage:" occurring after:
1. NI work, including rnatenalc, parts or equip
merit famished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been cianpleted; or
2. That portion of "you- 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 subconbactor en-
gaged in performing operationa for a principal
as a pat of the same °mita.
ISO Properties, Inc., 2004 Page 1 of 1 El
12223 Bus Solar Panels with Install - Transit Page 28 of 48
A AC E T — Fe'eral Fun in
When spending Federal Funding, the City complies with and has a separate policy for "Uniform Administrative
Requirement, Cost Principals, and Audit Requirements for Federal Awards", published in Title 2 of the Code of
Federal Regulations, (2 CFR 200), specifically 2 CFR 200.318 through 200.326. ALL GRANTS ARE DIFFERENT, so
one size does not fit all. Some grants simply require you to use your own procurement rules, while others
require you to insert their contracting clauses into your contract.
2 CFR 200 Procurement Standards for when utilizing Federal Funds
(Adapted to comply with 200.318 through 200.326)
200.318 General procurement standards.
200.319 Competition.
200.320 Methods of procurement to be followed.
200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms.
200.322 Procurement of recovered materials.
200.323 Contract cost and price.
200.324 Federal awarding agency or pass -through entity review.
200.325 Bonding requirements.
200.326 Contract provisions.
General procurement standards. (Adapted from §200.318)
A. Conform to Federal Law: The City uses its own documented procurement procedures which reflect applicable
State, local, laws and regulations, providing for procurements that conform to applicable Federal law and the
standards identified in these Procurement Standards.
B. Oversight: City Attorney shall maintain oversight when procuring Equipment, Materials, Services and Limited Public
Works, to ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
C. Conflict of Interest: City maintains written standards of conduct covering conflicts of interest and governing the
actions of its employees engaged in the selection, award and administration of contracts in the City. In addition, no
employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a
Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the
employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which
employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible
personal benefit from a firm considered for a contract.
The officers, employees, and agents of the City may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts.
D. Organizational Conflicts of Interest: If the City has a parent, affiliate, or subsidiary organization that is not a state,
local government, or Indian tribe, the City maintains written standards of conduct covering organizational conflicts of
interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or
12223 Bus Solar Panels with Install - Transit Page 29 of 48
subsidiary organization, the City entity is unable or appears to be unable to be impartial in conducting a
procurement action involving a related organization.
E. City must avoid acquisition of unnecessary or duplicative items. Consideration
should be given to consolidating or breaking out procurements bzobtain o more economical purchase. VVhana
appvophota, an analysis will be made of lease vmnuua purchase o8amatkmn, and any other appropriate analysis to
determine the most economical approach.
F. greater economy and afficiency, and in accordance with efforts to
promote cost-effective use of shared services across the Federal Government, the City is encouraged to enter into
state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use
oycommon orshared goods and services.
G. The City is encouraged to use Federal excess and surplus property in lieu of purchasing new
equipment and property whenever such use is feasible and reduces project costs.
H. The City is encouraged to use value engineering clauses in contracts for construction projects
of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is m systematic and
onosdive analysis of each contract item mrtask bz ensure that its essential function is provided at the overall lower
L only to responsible contractors possessing the ability to
perform oucomoofu||y under the terms and conditions of proposed procurement. Consideration will be given to
such matters oacontractor integrity, compliance with public po|ioy, record of past perfonnonue, and financial and
technical resources. See also § 2OO.213Suspension and debarment.
J. The City must maintain records sufficient to detail the history of procurement. These records will include,
but are not necessarily limited to the following: rationale for the method of procurement, selection ofcontract bpe.
contractor selection or rejection, and the basis for the contract price.
K. Time and Materials Contracts: The City entity may use otime and materials type contract only after adetennination
ihatnoother contract is suitable and ifthe contract includes oceiling price that the contractor exceeds at its own
risk. Time and materials type contract means econtract whose cost hooCity imthe sum of:
i The actual cost ofmaterials; and
ii. Direct labor hours charged sdfixed hourly rates that reflect wages, general and administrative expenses, and
L. Price: Since this formula generates on open-ended contract price e contract provides
no positive profit incentive to the contractor for cost control or labor efficiency. Thermfony, each contract must net a
ceiling price that the contractor exceeds at he own risk. Further, the City awarding such o contract must assort o
high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and
effective cost controls.
M. Issues: The City alone must be raaponaible, in accordance with good administrative practice and sound business
judgment, for the settlement of all contractual and administrative iaauaa arising out of procurements. These ionuaa
inc|ude, but are not limited to, source evaluation, pnnbaste, dioputea, and claims. These standards do not relieve the
City ofany contractual responsibilities under its contracts. The Fadmny| awarding agency will not substitute its
judgment for that of the City unless the matter is primarily a Federal concern. Violations of law will be referred to the
|nun|, otade, orFederal authority having proper jurisdiction.
[7OFR78GO8.Dec. 3G.2U13.aoamended md78FIR 75885.Dec. 1S.2014;8UFIR 433UQ.July 22.2O1S]
12223 Bus Solar Panels with Install - Transit Page 30 of 48
Competition. (Adapted from § 200.319)
A. Full and Open Competition: All procurement transactions must be conducted in a manner providing full and open
competition consistent with the standards of this section. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of
work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.
Some of the situations considered to be restrictive of competition include but are not limited to:
B. Unreasonable Requirements. Placing unreasonable requirements on firms in order for them to qualify to do
business;
C. Unnecessary Experience and Bonding: Requiring unnecessary experience and excessive bonding;
D. Noncorpettive Pricing: Noncompetitive pricing practices between firms or between affiliated companies;
E. Noncompetitive Contracts: Noncompetitive contracts to consultants that are on retainer contracts;
F. Organizational conflicts of interest:
G. Brand Name: Specifying only a "brand name" product instead of allowing "an equal" product to be offered and
describing the performance or other relevant requirements of the procurement; and
H. Arbitrary Actions: Any arbitrary action in the procurement process.
I. Geographical Preferences: The City will conduct procurements in a manner that prohibits the use of statutorily or
administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals,
except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference.
Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E)
services, geographic location may be a selection criterion provided its application leaves an appropriate number of
qualified firms, given the nature and size of the project, to compete for the contract.
J. The City ensures that all solicitations:
Incorporate a clear and accurate description of the technical requirements for the material, product, or
service to be procured. Such description must not, in competitive procurements, contain features which
unduly restrict competition. The description may include a statement of the qualitative nature of the material,
product or service to be procured and, when necessary, must set forth those minimum essential
characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product
specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear
and accurate description of the technical requirements, a "brand name or equivalent" description may be
used as a means to define the performance or other salient requirements of procurement. The specific
features of the named brand which must be met by offers must be clearly stated; and
Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or
proposals.
iii. The City ensures that all prequalified lists of persons, firms, or products which are used in acquiring goods
and services are current and include enough qualified sources to ensure maximum open and free
competition. Also, the City must not preclude potential bidders from qualifying during the solicitation period.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
12223 Bus Solar Panels with Install - Transit Page 31 of 48
3. Methods mfprocurement tobmfollowed. (Adapted from §2UO.320The City must use one of the following methods of procurement.
A.micro-purchases. Pmcurement by micro -purchase is the acquisition ofsupplies mservices, the
aggregate dollar amount of which does not exceed the micro -purchase threshold (§ 200.67 Micro -purchase). To the
extent pnaotioob|a, the City must distribute micro -purchases equitably among qualified suppliers. N1inno'purohoaeo
may be awarded without soliciting competitive quotations if the City considers the price to be reasonable.
B. Procurement bV small purchase procedures. Small purchase procedures are those relatively simple and inhznnm|
procurement methods for securing uenviueo, oupp|iaa, or other property that do not cost more than the Simplified
Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from on
adequate number of qualified sources.
C. sealedbids Bids are publicly solicited and ofirm fixed price contract (lump sum
or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions
of the invitation for bidu, is the lowest in price. The sealed bid method in the preferred method for procuring
construction, if the conditions in paragraph (J)(i) of this section apply.
i |norder for sealed bidding tobefeasible, the following conditions should bepresent:
1) A complete, adequate, and realistic specification or purchase description is available;
2) Two or more responsible bidders are willing and able to compete effectively for the business; and
3) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can bemade principally onthe basis ofprice.
4) Ifsealed bids are used, the following requirements apply:
m) 8k10 must be solicited from an adequate number ofknown oupp|iero, providing them sufficient
response time prior to the date set for opening the bids (11 days for the City in 2 issues and 13
days for the County |n2|msuem). The invitation for bids must bapublicly advertised;
b) The invitation for bida, which will include any specifications and pertinent attanhments, must
define the items or services in order for the bidder to properly respond;
c) All bids will be opened atthe time and place prescribed in the invitation for bids, and opened
d) /\ firm fixed price contract award will bomade inwriting bnthe lowest responsive and responsible
bkddor. Where specified in bidding documents, factors such as discounts, transportation cost, and
life cycle costs must be considered in determining which bid is lowest. Payment discounts will
only be used hudetermine the low bid when prior experience indicates that such discounts are
usually taken advantage of; and
o) Any orall bids may barejected ifthere ivasound documented reason.
D. Procurement bv competitive proposals. The technique ofcompetitive proposals is normally conducted with more
than one source submitting on ofer, and either afixed price orcost-reimbursement type contract is awarded. It is
generally used when conditions are not appropriate for the use of sealed bide. If this method is used, the following
requirements apply:
i. Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Any noaponam to publicized naqumotu for proposals must be considered to the maximum
extent practical;
12223 Bus Solar Panels with Install Transit Page 32 of48
Proposals must be solicited from an adequate number of qualified sources;
i..• The City must have a written method for conducting technical evaluations of the proposals received and
for selecting recipients;
Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program,
with price and other factors considered; and
The City may use competitive proposal procedures for qualifications -based procurement of
architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated
and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation.
The method, where price is not used as a selection factor, can only be used in procurement of A/E
professional services. It cannot be used to purchase other types of services though A/E firms are a
potential source to perform the proposed effort.
vi. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement
through solicitation of a proposal from only one source and may be used only when one or more of the
following circumstances apply:
1)The item is available only from a single source;
2)The public exigency or emergency for the requirement will not permit a delay resulting from
competitive solicitation;
3)The Federal awarding agency or pass -through entity expressly authorizes noncompetitive proposals in
response to a written request from the City; or
4)After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015]
4. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
(Adapted from § 200.321)
A. The City must take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible.
B. Affirmative steps must include:
Placing qualified small and minority businesses and women's business enterprises on solicitation lists
(forward requests to Purchasing);
Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources. Log onto .MDT.MT.GOV and search their database for any potential
vendors. Click on "Doing Business";
i. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce, and
Office of Minority & Women's Business Enterprises; and
12223 Bus Solar Panels with Install - Transit Page 33 of 48
vi. Requiring the prime contractor, if subcontracts are to be led, to boka the affinnodvo oh*po listed in
paragraphs (i) through (ii) of this section.
5. Procurement mfrecovered materials. (Adapted from §3O0.322)
The City must comply with section GO02 of the Solid Waste Disposal Act, asamended by the Resource Conservation and
Recovery Act. The requirements of Section 8002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) ot48 CFR part 247that contain the highest percentage cfrecovered materials
pnautivab|m, consistent with maintaining a satisfactory level of oonmpediUon, vvheno the purchase phun of the item exceeds
$10.000 or the value of the quantity acquired during the preceding fiaom| year exceeded $10.000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing on affirmative
procurement program for procurement ofrecovered materials identified in the EPA guidelines.
[78FR78608. Dec. 26. 2013. maamended ad7QFR75O86. Dec. 19, 2014]
8. Contract cost and price. (Adapted from §2OD.323)
A. The City must perform a cost or price analysis in connection with every procurement action in ax000n of the
Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent
on the facts surrounding the particular procurement oituotion, but as o starting point. the City must make
independent estimates before receiving bids orproposals.
B. The City must negotiate profit as a umpormbe element of the price for each contract in which there is no price
competition and in all nmaeo where cost analysis is performed. To establish a fair and reasonable profit,
consideration must be given to the complexity of the work to be parfonnod, the risk borne by the oontnacbor, the
contractor's inveotment, the amount of subcontracting, the quality of its record of past pedbrmannm, and industry
profit rates inthe surrounding geographical area for similar work.
C. Costs mprices based onestimated costs for contracts under the Federal award are allowable only to the extent that
costs incurred or cost estimates included in negotiated prices would be allowable for the City. The City may
reference its own cost principles that comply with the Federal cost principles.
D. The cost plus opercentage ofcost and percentage ofconstruction cost methods ofcontracting must not bmused.
7, Federal awarding agency mrpass-through entity review. (Adapted from §200.324)
A. The City must meha ovoi|ade, upon request of the Federal awarding agency or pass -through entity, technical
specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such
review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review
generally will take place prior tnthe time the specification is incorporated into m solicitation document. Hmwmvar, if
the City desires to have the review accomplished after solicitation has been developed, the Federal awarding
agency orpass-through entity may still review the apeoificmUono, with such review usually limited tothe technical
aspects ofthe proposed purchase.
B. The City must make available upon request, for the Federal awarding agency or pass -through entity pre -
procurement review, procurement documents, such as requests for proposals orinvitations for bids, orindependent
cost estimates, when:
ii� The City's procurement procedures or operation fails to comply with the procurement ubyndanju in this
iL The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without
competition or only one bid or offer is received in response to a solicitation;
xi The procuneman, which is expected to exceed the Simplified Acquisition Thrmoho|d, specifies a^boand
12223 Bus Solar Panels with Install - Transit Page 34 of 48
kx The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other
than the apparent low bidder under a sealed bid procurement; or
V. A proposed contract modification changes the scope ufocontract or increases the contract amount by
more than the Simplified Acquisition Threshold.
C. The City huexempt from the pre -procurement review inparagraph (ii)ofthis section ifthe Federal awarding agency
or pass -through entity determines that its procurement systems comply with the standards of this part.
D. The City may request that its procurement oyobam be reviewed by the Federal awarding agency or pass -through
entity to determine whether its system meets these standards in order for its system to be certified. Generally, these
reviews must occur where there is continuous hiQh'do||mrfunding. and third party contracts are awarded on a
regular basis;
E. The City may self -certify its procurement system. Such self -certification must not limit the Federal awarding
agency's right to survey the system. Under self -certification procedure, the Federal awarding agency may rely on
vvhhan assurances from the City that it is complying with these standards. The City must cite specific po|iciao,
pnoueduneu, nagu|oUono, or standards as being incompliance with these requirements and have its system available
for review.
8. Bonding requirements. (Adapted from §3OO.325)
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the
Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the City provided that
the Federal awarding agency orpass-through entity has made odetermination that the Fadano| interest >oadequately
protected. If such a determination has not been made, the minimum requirements must be as follows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The ''bid guarantee" must consist of
firm commitment such as o bid bond, certified oheok, or other negotiable instrument accompanying a bid as
assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required
within the time specified.
B. A performance bond on the part of the contractor for 100 percent of the contractprice. A"performance bond" isone
executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one
executed in connection with a contract to meeunu payment as required by law of all persons supplying labor and
material in the execution of the work provided for in the contract.
S. Federal Contract provisions. (Adapted from § 200.326) Simplified Acquisition Threshold raised to $250, 000
The City'ocordroots utilizing Federal Funding must contain the applicable provisions described in Appendix || to Port
200--Controc Provisions for City Contracts Under Federal Awards, which can be viewed and copied at:
era|.e laws, m |e2Lchapteriipa rt200^appii'
In addition to other provisions required by the Federal agency ornon-Federal ontity, all contracts made by the non -
Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by �1
Ua&C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties auappropriate,
(8) All uuntnodo in excess uf$1o.UO0 must address termination for cause and for convenience by the non -Federal entity including the
manner bywhich itwill boeffected and the basis for settlement.
zuuzxBus Solar Panels with Install 'Transit Page »sof4u
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of
"federally assisted construction contract" in 41 CFR Part 60-1.3' must include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, 'Equal Employment Opportunity" (30 FR 12319, 12935, 3CFR Part, 1964-1 65
Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U,S.C, 3141-3148) When required by Federal program legislation, all prime construction
contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40
U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity
must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must
report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance
with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). The Act provides that each contractor or sub -recipient must be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.c. 3701€3708). Where applicable, all contracts awarded by the non -Federal
entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under
37 CFR §401.2 (a) and the recipient or sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C.-7401 7671 ) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts
and sub -grants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with
12223 Bus Solar Panels with Install - Transit Page 36 of 48
all applicable stamdards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water
Pollution Control Act as amended (33 U.G.C. 1251'1387). Violations must be reported to the Federal awarding agency and the
Regional Office ufthe Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12548and 12OO8)—Acontract award (oen 2 CFH 180.220) must not ba made to
parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines
at CFR 18Othat implement Executive Orders 12548(3CFR port 1980 Comp.. p. 188)ond 12689 (3 CFR part 1089Cnmp.. p. 235).
"Dobunnant and Guapunuion." 8AM Exclusions contains the names of parties debarrad, ouopondod, or uthamviao excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(|) Byrd Anti -Lobbying Amendment (31U1S.C.12K52)--Contmctorethat apply orbid for an award exceeding $100.000 must file the
required certification. Each tier certifies hothe tier above that itwill not and has hot used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any agoncy, a member ofCongress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier totier uptothe non -Federal award.
(J)See 02U0.322Procurement nfrecovered materials.
12223 Bus Solar Panels with Install - Transit Page 37 of 48
ATTACHMENT B — FTA 3rd Party Contract Clauses
Federal Transit Administration
3RD PARTY CONTRACT CLAUSES
FOR CITY OF YAKIMA
A.1 Federal
1.
2.
3.
4. Cargo Preference Requirements
5 SSECTION DELETED — N/A
6. Energy Conservation Requirements
7. SECTION DELETED — N/A
8. Bus —Testing SECTION DELETED — N/A
9.
Required and Other Model Contract Clauses
1
SECTION DELETED — NOT APPLICABLE (N/A)
SECTION DELETED — N/A
SECTION DELETED — N/A
SECTION DELETED — N/A
11. Access to Records and Reports
12. Federal Changes
13. qua
14. Clcan Air
SECTION DELETED — N/A
SECTION DELETED — N/A
15. Recycled Products — awards exceeding $10K
16.
17.
18. rid}
19. No Government Obligation to Third Parties
20. Program Fraud and False or Fraudulent Statements and Related Acts
21. Termination
22. Government -wide Debarment and Suspension (Non -procurement)
23. lacy -Act
24. Civil Rights Requirements
25.
26.
27.
SECTION DELETED — N/A
SECTION DELETED — N/A
SECTION DELETED — N/A
SECTION DELETED — N/A
SECTION DELETED — N/A
SECTION DELETED — N/A
SECTION DELETED — N/A
28. Disadvantaged Business Enterprises (DBE)
29. State and Local Law Disclaimer
30. Incorporation of Federal Transit Administration (FTA) Terms
31. Drug and Alcohol Testing SECTION DELETED — N/A
SECTION DELETED — N/A
12223 Bus Solar Panels with Install - Transit Page 38 of 48
_4. CARGO PREFERENCE REQUIREMENTS
46U�.C.1241
Applicabill,tv to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported
byocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of
equipment, material, orcommodities byocean vessel.
Model Clau
The N1ARADregulations at46CFR381.7contain suggested contract clauses. The following language isproffered byFTA.
Cargo Preference ' Use of United States -Flag Vessels ' The contractor agrees: a. to use privately owned United States -Flag
commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract tnthe extent
such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30 working days following the date of
leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in
English for each shipment of cargo descnbed1 precedinR paragraph to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor azthe case of m
subcontractor's bill -of -lading.) c to include these requirements in all subcontracts issued pursuantto this contract when the
subcontract may i,nvolve the transport of equipment, material, or commodities by ocean vessel.
6.-ENERGY CONSERVATION REQUIREMENTS
- 42W.S.C.6321et seq.
�
Applicability to Contracts
The Energy Conservation requirements are applicable toall contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and
their subagreemen1satevery tier.
Model
No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state
energy conservation plan. The following language has been developed byFTA:
Energy Conservation The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
11/ACCESS nO RECORDS ANDREPORTS
�
49u�C. 5325
18 CFR18.36<U
49 CFR633.17
Applicability to Contracts
Reference Chart "Requirements for Access toRecords and Reports byType of Contracts"
Flow Down
FT4does not require the inclusion ofthese requirements insubcontracts.
Mo6e|Clause/LanRwweo,
The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the
statutory urregulatory language.
zzzzyBus Solar Panels with Install 'Transit Page syof4u
Access toRecords ' The following access torecords requirements apply tothis Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgr ntee of the FTA Recipient in
accordance with 48 C.F.R. 1836(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General
of the United States or any of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17to provide the FTA Administrator or his authorized representatives including
any PMOContractor access tn Contractor's records and construction sites pertaining to a major capital project, defined at49 U.S.C.
5302(a)1' which is receiving federal financial assistance through the programs described at49 U.S.C. 5307' 5309 or5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17,
Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PK1O Contractor,
access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is
receiving federal financial assistance through the programs described ot49 U.S.C. 5307, 5309 nr531l. By definition, a major capital
project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.
]. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition
threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or o
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator,
the Comptroller General of the United States or any of their duly authorized representatives with access toany books, documents,
papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits' examinations,
excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters
into a contract for a capital project or improvement (defined ot49 U.S.C. 5302(a)1) through other than competitive bidding, the
Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the
Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions asreasonably needed.
h. The Contractor agrees to maintain all books' records, accounts and reports required under this contract for a period of not less
than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims orexceptions related thereto. Reference 49[FK18.39(i)(ll).
7. FTA does not require the inclusion ufthese requirements insubcontracts.
=.===
Contract
.Characteristics
� |State
'
1Grantees
F
a. Contracts
below SAT
b� Contracts
'
above
|'$100000/[apit
al Projects
'
`
Requirements for Access to Records and Reports by Types of Contract
Operationa
I Service
Contract
None
unless'
non'
mmpetitiv
e award
12223 Bus Solar Panels with Install - Transit
Those
imposed on
� state pass
�
thmto
Contractor
Construction0
�Wune
�Yes, ifnon-
competitive
'award or if
fundedthrUz
5307/5309/
- i
Architectural Acquisition Professional
Engineering ', of Rolling Services
Stock
|None None
None unless None unless
non- non-
competitive I competitive |
award award !
� |
0 �
Page «uof4u
None unless
non-
competitive
�UNonState
�
Grantees
a. Contracts
below SAT
'.($100000)
b.Contraus
above
$l0OOUO/[apit '
� ' �a] Projects
Sources of Authority:
^49USC5325(a)
249CFR633.17
Those
imposed on
non -state
Grantee pass
thruto
Contractor
5311
Yes
Yes
�
Yes
�Yes
12. FEmERALCHAINGES�
4gCFRPart 18' -
Applicability to Contracts
The Federal Changes requirement applies toall contracts.
Flow Down
The Federal Changes requirement flows down appropriately tneach applicable changed requirement.
Model Clause/Languaite
mnspecific language ismandated. The following language has been developed byFTA.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may
be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a
material breach nfthis contract.
25.NECYLED PRODUCTS
42W�.C.6962
40 CFR Part 247
Executive Order 12873
Applicability to Contracts
The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser orcontractor
procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the
previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These
new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases
$10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was
$10'0OO.
Flow Down
These requirements flow down tuall contractor and subcontractor tiers.
Model Clause/11.4nguage
wospecific clause ismandated, but FTAhas developed the following language.
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and
Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicabilitv to Contracts
`
Applicable toall contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to
clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific
written consent.
Model Clause/Lang,4age
While nuspecific language is required, FTAhas developed the following language.
NoObligation bythe Federal Government.
(1)The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or
approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,
Contractor, or any other party (whether or not party tnthat contract) pertaining to any matter resulting from the underlying
contract.
(Z) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance
provided by FTA It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject
tuits provisions.
20. PROGRAM FRAUD AND FALSE ORFRAUDULENT STATEMENTS
AND RELATED ACTS
31U.S.C.38Oietseq.
4gCFRPart 3110U.S.C.1001
49U.S.C.5307
!�pplicablllty to Contracts
These requirements are applicable tuall contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements.
Model Clause/LanguaRe
These requirements have no specified language, yn FTAproffers the following language.
Program Fraud and False o,Fraudulent Statements orRelated Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of1986'asamended, 3lU.lC.§]8Ol
et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has
made' it makes, it may make, orcauses 1n be mode, pertaining tuthe underlying contract or the FTAasisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if
it makes' or causes to be made, o false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
zzzo3Bus Solar Panels with Install Transit Page 4auf4n
(Z)The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, orfraudulent claim, statement
submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of49 U.S.C. § 5307, the Government reserves the right to
impose the penalties ufl8U.3.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
(3)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance
provided byFTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject
tothe provisions.
21. TERMINATION
Applicabilitv to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of higher educationJ in excessuf$1lUOU
shall contain suitable provisions for termination bythe grantee including the manner bywhich it will be effected and the basis for
settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100\000j In addition,
such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the
contract may be terminated because of circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000with the exception of contracts with nonprofit
organizations and institutions nfhigher learning.
Model Clause/Language
FTAdoes not prescribe the form urcontent ofsuch clauses. The following are suggestions ofclauses tobeused indifferent types nf
m. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by
written notice tuthe Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the
contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract,
or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default.
Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor
is in default. The contractor will only be paid the contract price for supplies delivered and accepted' or services performed in
accordance with the manner ofperformance set forth inthe contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing' such as a strike, fire' o,
flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery
of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
:. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of o termination for breach or
default, allow the Contractor [an appropriately short period of time] in which to cure the defect. in such case' the notice of
termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this
Contract within [ten (10) days] after receipt byContractor ofwritten notice from <Recipient>setting forth the nature ofsaid breach
or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against
Contractor and its sureties for said breach ordefault.
12223 Bus Solar Panels with Install - Transit Page 43 of 48
d. Waiver ofRemedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any
covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional urTransit Genvice Contracts) The (Recipient), by written notice, may terminate this
contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only
for payment under the payment provisions of this contract for services rendered before the effective date of termination.
f. Termination for Default (SuppUesandSenvice)|ftheContractorfai|stode|iversupp|iesortuperfnrmtheservicesv,ithinthetime
specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the
(Recipient) may terminate this contract for default. The (Recipient) shall terminate bydelivering tothe Contractor Notice of
Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure tofulfill contract obligations, it is determined that the Contractor was not in default, the rights and
obligations ofthe parties shall be the same as if the termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services,
including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract
price for services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the
(Recipient)' protect and preserve the goods until surrendered tnthe Recipient urits agent. The Contractor and (Recipient) shall
agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute
douse.
If, after termination for failure tnfulfill contract obligations, itisdetermined that the Contractor was not indefault, thehghtsand
obligations ofthe parties shall bethe same osif the termination had been issued for the convenience ofthe (Redpient).
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part' with the
diligence that will insure its completion within the time specified in this contract or any extension nrfails tu complete the work
within this time, or it the Contractor tails to comply with any other provisions utthis contract, the (Recipient) may terminate this
contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of
the default. In this event, the Recipient may take over the work and compete it bycontract orotherwise, and may take possession
of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties
shall be liable for any damage to the Recipient resulting from the Contractor's refusal o/ failure to complete the work within
specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased
costs incurred bythe Recipient incompleting the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-
1.thede|ayinoomp|etingthewmrkahsesfrnmunforeeeab|ecausesbeyondthecuntro|andwithuutthefaulturnegligenceofthe
Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a
contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. |finthe
judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the
(Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed' it is determined that the Contractor was not in default, or that the delay
was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of
the Recipient.
i. Termination for Convenience or Default (Architecand Engineering) The (Recipient) may terminate this contract in whole or in
part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient)
shall terminate bydelivering tuthe Contractor a Notice ofTermination specifying the nature, extent and effective date ufthe
12223 Bus Solar Panels with Install - Transit Page 44 of 48
termination. Upon receipt ofthe notice, the Contractor shall <1> immediately discontinue all services affected (unless the notice
directs otherwise), and (Z) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and
other information and materials accumulated in performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract
price but shall allow nuanticipated profit nnunperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact
or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and
obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.
]. Termination for Convenience o7Default (Cost -Type Contracts)The (Recipient) may terminate this contract, or any portion of it,
by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the
contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession
paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). if the termination is for
default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any,
ofwork performed uptothe time oftermination. The Contractor shall promptly submit its termination claim to the (Recipient) and
the parties shall negotiate the termination settlement tobepaid the Contractor.
If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the
contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has on excusable reason for not
performing, such as strike, fire, flood, events which are not the fault ufand are beyond the control ofthe contractor, the (Recipient),
after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION <NONPNOCURE8nENT
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to49 CFR
Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension,
Executive Order 1Z689'Debarment ondJuspension'and 31U.5.C.61O1note (Section Z455'Public Law 1U3'3S5'10OStat.33Z7).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as
any contract or subcontract (at any level) for Federally required auditing services. 49[FR29.220(b). This represents a change from
prior practice in that the dollar threshold for application of these rules has been lowered from $100,000tu $25'000. These are
contracts and subcontracts referred tuinthe regulation as"covered transactiuns.^
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as
well as its principals and affiliates) they propose to contract orsubcontract with is not excluded or disqualified. They do this by (a)
Checking the Excluded Parties List System, (b) Collecting a certification from that person, or(c)Adding a clause urcondition to the
contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required.
49CFR29.300.
Grantees contractors, and subcontractors who enter into covered transactions also must require the entities they contract with tu
comply with 4gCFR2S\subpart Cand include this requirement in their own subsequent covered transactions (i.e., the requirement
flows down tosubcontracts atall levels).
Clause LanRuaRe
The following clause language issuggested, not mandatory. |tincorporates the optional method ofverifying that contractors are not
excluded ordisqualified bycertification.
Suspension and Debarment
12223 Bus Solar Panels with Install - Transit Page 45 of 48
This contract bacovered transaction for purposes of49CFRPart Z9. Aasuch, the contractor is required tuverify that none
ofthe contractor, its principals, aodefined at49CFRZ9.995 oraffiliates, asdefined at49CFRZ9.905,are excluded or
disqualified asdefined at49CFR29.94Oand Z9.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR
29,Subpart Cinany lower tier covered transaction itenters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by City of Yakima. If it is later determined
that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to City of
Yakima, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid
and throughout the period ofany contract that may arise from this offer. The bidder orproposer further agrees toinclude
a provision requiring such compliance in its lower tier covered transactions.
24.�V|L��
REQUIREMENTS
�
29U�.C.§623,42U.S.C.§2800
42U.5.C.§6102,42U.S.C.g12112
42 U.S.C.g12132,4BU.S.C.§5332
Applicabllitv to Contracts
The Civil Rights Requirements apply toall contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.
Model
The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text.
Civil Rights - The following requirements apply tothe underlying contract:
(1) Nondiscrimination - In accordance with Title V| of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age
Discrimination Act of 197S' as amended' 42 U.S.C. § 6102' section ZUZ of the Americans with Disabilities Act of 1990' 42 U.S.C. y
12132' and Federal transit law at 49 U.S.C. § 5332' the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor
agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
(Z)gqua|'Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Creed, National ^Origin, Sex |naccordance with Title V||ofthe Civil Rights Act, asamended, 4IU.S.C. §2OUOe'and
Federal transit laws at 49 U.S.C. § 5332' the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs' Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375' ''Amending Executive Order 11246 Relating to Equal
Employment 0ppurtunity,"4Z U.S.C. yZOOOenote), and with any applicable Federal statutes' executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees
to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without
regard to their race' color, creed' national origin' sex' o, age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff ortermination; rates nfpay orother
forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTAmay issue.
(b) Age In accordance with section 4 of the Age Discrimination in Employment Act of 1967' as amended' 29 U.S.C. § § 623 and
Federal transit |av, at 49 U.S.C. § 5332' the Contractor agrees to refrain from discrimination against present and prospective
employees for reason ofage. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
12223 Bus Solar Panels with Install - Transit Page 46 of 48
(c)0isabUitieo In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor
agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(]) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal
assistance provided byFTA modified only ifnecessary toidentify the affected parties.
38. DISADVANTAGED BUSINESS ENTERPRISE (DIBE)
Background and Applicability
The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) programbecameeffective]u|y
16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in
subcontracts' evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of
DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on ret inoAe)
applicable to all subcontractors regardless of whether they are DBE firms or not.
The DBE program applies to all DOT -assisted contracting activities. Aforma| clause such as that below must be included in all
contracts above the micro -purchase level. The requirements ofclause subsection bflow down tosubcontracts.
Asubstantia| change tothe payment provisions in this newest version ufPart Z6 concerns retainage (see section 2629). Grantee
choices concerning retainage should be reflected in the language choices in clause subsection d.
Clause Language
The following clause language is suggested, not mandatory. |tincorporates the payment terms and conditions applicable to all
subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options
available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific
contract goals have been established.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged
Business Enterprises /n Department o/ Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is <1 y6. Asepornte contract goal
mf*1Y$DBE participation has been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract.
Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as City of Yakima deems appropriate. Each subcontract the contractor signs with a
subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
12223 Bus Solar Panels with Install - Transit
Page 47 of 48
The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the
period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that
work no later than 30 days after the contractor's receipt of payment for that work from the City of Yakima. In addition, [the
contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those
subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to
return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work
by the City of Yakima and contractor's receipt of the partial retainage payment related to the subcontractor's work.]
e. The contractor must promptly notify City of Yakima, whenever a DBE subcontractor performing work related to this contract is
terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least
the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces
or those of an affiliate without prior written consent of City of Yakima.
29. STATE AND LOCAL LAW DISCLAIMER
Applicability to Contract
This disclaimer applies to all contracts.
Flow Down
The Disclaimer has unlimited flow down.
Clause/Language
State and Local Law Disclaimer — The use of many of the suggested clauses are not governed by Federal law, but are significantly
affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the
suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney.
30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1E
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
How Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and
Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee)
requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.
12223 Bus Solar Panels with Install - Transit Page 48 of 48
(Contractor's Payment Schedule)
V111. BID FORM
INVITATION TOBID NO. 12223
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 TOAWARD THIS CONTRACT WITHIN NINETY /80CALENDAR DAYS.
Quote your lowest price for the following:
Item
|No. -
SCHEDULE 1-Solar Panels with Install
''
Bid Thermo King or Approved Equivalent'
~Description
Solar Panel Kit 11OVV/24VSystem
To include:
Panel, Charge Controller, Battery
Harness, Warning Template
16
Total Price
' ~'uax\';��_
$15624.00
Solar Extension Harness 25'
16
��
, 08g
� .
1310.24
Shop Supplies, Environmental Fee,
etc Please list out:
BRAKLEEN
0KAFLEXGEALANT
M|SCSUPPUEG/ENVRONMENl7\
16
"
$_9.58
$ 6.18
�
�
�
�
Technology Fees
lG
Installation Charge per Solar Panel
lG
� �667.25
$ 1007O/0
Sub Total:
'$ 29650.24
WA State Sales Tax — Destination Based @ 8.3%:
$ 2460.97
Total:
$ 32111.36
Estimated lead time for parts: Parts should bereceived
and ready for install 10 days from date of order.
Project Completion: Entire project will be completed
within 60 days after receipt of order.
Enter Prompt Payment Discount: % net days
Comments:
12223 Bus Solar Panels with Install - Transit
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