HomeMy WebLinkAboutR-2024-053 Resolution awarding Bid 12344 and authorizing an agreement with Granite Construction for Asphalt and Materials RESOLUTION NO. R-2024-053
A RESOLUTION awarding Bid 12344 and authorizing an agreement with Granite
Construction for Asphalt and Materials.
WHEREAS, the City published notice in the Yakima Herald Republic on December 1 and
3, 2023 and on the city's webpage through PublicPurchase.com that Bid No 12344 was open for
competitive bid; and
WHEREAS, bids were due by December 15, 2023, 2:00:00 PM PST. Bids received
through Public Purchase were publicly opened in the City Council Chambers, in Yakima WA; and,
WHEREAS, bids that were received, are included on the attached bid tabulation; and
WHEREAS, recommendation of award was made to Granite Construction. The City
Manager reviewed and approved the recommendation of award on, February 29, 2024, as
indicated on the attached bid tabulation; and
WHEREAS, the bid submittal recommended for award and available budget meet the
needs and requirements of the City of Yakima Streets and Water/Irrigation Divisions, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
That award for Bid No. 12344 is hereby awarded to Granite Construction and the City
Manager is authorized and directed to execute the resulting agreement. This is a potential three-
year agreement, with an approximate annual award amount of$70,200.
ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2024.
•
Patricia By rs, Mayor
ATTEST:
SEAL
did! . 'h gs tor'
' Rosalinda Ibarra, City Clerk •�'``��"'—
1
AGREEMENT
CITY OF YAKIMA
BID 12344
Asphalt&Materials Re-bid
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"),and Granite Construction, ("Contractor").
WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows:
1. Statement of Services
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as
"Services")according to the procedure outlined in Bid 12344 Asphalt& Materials Re-bid Specifications which are attached as Exhibit A,
and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference, and shall
perform any alterations in or additions to the work provided under this Contract and every part thereof.
2. Compensation
The City agrees to pay the Contractor according to Contractor's Bid Form which are attached as Exhibit B, and incorporated herein by
this reference, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid
submittal at the time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract
on a year to year basis for up to two (2) additional years. For a total of three (3) years. Contract extensions shall be automatic, and
shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the
Services have been completed to the City's satisfaction prior to any automatic renewal.
4. Agency Relationship between City and Contractor
Contractor shall,at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the
Services. Contractor shall not represent that it is,or hold itself out as,an agent or representative of City. In no event shall Contractor be
authorized to enter into any agreement or undertaking for,or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this
Contract without the prior written consent of the other.
b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the
full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent of the City.
7. Inspection, Production and Retention 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
12344 Agreement Page 1 of 8
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. 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 procure a City of Yakima Business License and pay all
charges,fees,and taxes associated with said license.
b. Contractor must provide proof of a valid Washington 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.
9. Nondiscrimination Provision
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race,creed,color, religion, national origin,sex, age, marital
status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans
with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this
Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or
orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
any future City contracts.
12344 Agreement Page 2 of 8
10. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the
compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other
employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or(c)consistent with the contractor's legal duty to furnish information.
11. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials,
officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages,
and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the
Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and
anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in
connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The
Parties acknowledge that they have mutually negotiated this waiver.
c. 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.
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.
e. The terms of this Section shall survive any expiration or termination of this Contract.
12. 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 shall 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 shall 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.
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 and
additional insured endorsements 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
12344 Agreement Page 3 of 8
Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys
and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsements
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving
the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in
Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify
the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of 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 City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of
this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected
and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of
Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance
maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if
necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible
in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract.
Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent
acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility.
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Automobile Liability $2,000,000 Per Occurrence
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. All additional insured endorsements required by this Section shall include an explicit waiver of
subrogation.
13. Severability
If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid, such invalidity shall
not affect other terms,conditions or applications which can be given effect without the invalid term,condition or application.To this end,
the terms and conditions of this Contract are declared severable.
12344 Agreement Page 4 of 8
14. Contract Documents
This Contract, the Invitation to Bid 12338 Scope of Work, conditions, 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
Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by
reference into this Contract.
15. Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with written notice of City's breach and the City 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.
12344 Agreement Page 5 of 8
16. 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.
17. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City
ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is
terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible
Proposer within 120 days from original award.
18. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual
delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time
lost due to the reason for delay.
19. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
20. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
21. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that they have has been fully authorized by
Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this
Contract.
22. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the
Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the
City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination.
23. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and
intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in ownership of the
facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible,
and in no event later than three (3) business days,after any decision by the Contractor to change or discontinue service that will affect
services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in
governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties
hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or
12344 Agreement Page 6 of 8
unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as
follows:
TO CITY: COPY TO: TO CONTRACTOR:
Jay Kendall Christina Payer Granite Construction
Streets Maintenance Supervisor Buyer II Shane Berrett
City of Yakima City of Yakima 80 Pond Road
129 North 2nd Street 129 North 2nd Street Yakima,WA 98901
Yakima WA,98901 Yakima,WA 98901
24. Survival
The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their
terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA GRANITE CONSTRUCTION
/474479/
City Manager � (�_
Date: `,Y I l V�1/ Date: / I I
Attest' ‘4� (Print name) l
I ,, I,J �11
f s'S /
City" lerk ��j � *, "*� ' j
'INGZG �—
List of Exhibits attached to this contract
Exhibit A—Specifications
Exhibit B—Contractor's Bid Form
�9
CITY CONTRACT NO: (4)�^"�� / /
RESOLUTION NO: R-2a4-05i
12344 Agreement Page 7 of 8
EXHIBIT A - SPECIFICATIONS
EXHIBIT B - CONTRACTOR'S BID FORM
12344 Agreement Page 8 of 8
Exhibit A
(Specifications)
City of Yakima
NOTICE TO BIDDERS
BID 12344
Notice is hereby given by the undersigned that electronic sealed Bids will
be accepted via PublicPurchase.com until the hour of 2:00:00 PM PST on
December 15, 2023. Bids will be publicly opened in Yakima City Hall,
Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At
such time, Bids will be publicly read for: Asphalt & Materials Re-bid for
Public Works. Instructions to register with PublicPurchase.com are
available at www.yakimawa.gov/services/purchasing.
The City of Yakima reserves the right to reject any & all BIDs. The City
hereby notifies all Bidders that it will affirmatively ensure compliance
with WA State Law Against Discrimination (RCW chapter 49.60) & the
Americans with Disabilities Act (42 USC 12101 et set.)
Dated November 29, 2023. Publish on December 1 & 3, 2023
Christina Payer, Buyer II
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 1 of 32
` CITY OF YAKIMA INVITATION TO BID 12344
COVER SHEET
THIS IS NOT AN ORDER
BID Release Date December 1, 2023
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. If you try to submit a Bid late, the electronic system will not receive
it. Bid openings are public. Late Bids will not be accepted or evaluated. Bids shall be firm for acceptance for ninety (90) days
from date of Bid opening, unless otherwise noted.
BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For Buyer in charge of this procurement(Contact for further information).
City of Yakima — Streets &Water/Irrigation Christina Payer, Buyer II
2301 Fruitvale Blvd
Yakima, WA 98902
Bids Must be completely uploaded by: Phone E-Mail Address
December 15, 2023 at 2:00:0o PM PST (509) 576-6696 Christina.payer(c�yakimawa.dov
Public Opening ICJ
PROJECT DESCRIPTION SUMMARY
Asphalt & Materials Re-bid for Streets & Water/Irrigation Divisions
(Re-bid of line items from Bid No. 12331)
Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of
order.
Delivery Details: FOB Destination, Freight Prepaid
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
peen independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to
the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury.
Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or
services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any
responsibility or involvement in the purchase orders or contracts issued by other public agencies.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid.
Company Name Company Address
Name of Authorized Company Representative(Type or Print) Title Phone (
Fax ( )
Signature of Above Date Email Address
12344 Asphalt&Materials Re-bid- Line Items Bid No 12331 Page 2 of 32
Invitation to Bid 12344
I. Contents
I. Contents 3
II. GENERAL INFORMATION 5
1. Purpose 5
2. Contracting Agency and Point of Contact 5
3. Exceptions 5
4. More or Less 5
5. Delivery/Completion 5
6. Delivery Acceptance 5
7. Delivery of Unapproved Substitutions 6
8. Contract Term 6
9. Pricing and Discount 6
10. Price Clarifications 6
11. Price Increases 6
12. Price Decreases 7
13. Expansion Clause 7
14. Warranty 7
15. Warranty Coverage 8
16. Permits 8
17. Regulations and Codes 8
18. Prompt Payment 8
19. Payments 8
20. Payment Method-Credit Card Acceptance 8
21. Acceptance of Terms 8
22. Sales Tax 8
23. Tax Revenues 8
24. Clarifications and/or Revisions to Specification and Requirements 9
25. Incurring Costs 9
26. No Obligation to Contract 9
27. Retention of Rights 9
28. Points Not Addressed 9
29. Other City Departments/Like Items Added 9
30. Materials Bought from Different Supplier 9
31. Re-Award 10
32. Errors and Omissions 10
12344 Asphalt&Materials Re-bid- Line Items Bid No 12331 Page 3 of 32
33. Changes 10
III. PREPARING AND SUBMITTING A BID 10
1. General Instructions 10
2. Submitting a Bid 10
3. Prohibition of Bidder Terms& Conditions 11
4. Multiple Bids 11
5. Withdrawal of Bids 11
IV. BIDDER'S CHECKLIST 11
V. EVALUATION AND CONTRACT AWARD . . . 11
1. Bid Evaluation 11
2. Offer in Effect for Ninety(90) Days 11
3. Protest Procedure 11
4. Sample Contract and Terms and Conditions 12
VI. TECHNICAL SPECIFICATIONS 12
VII. BID FORM 17
VIII. BIDDER QUESTIONNAIRE 20
IX. SAMPLE CONTRACT . 22
X. SAMPLE INSURANCE 30
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 4 of 32
INVITATION TO BID 12344
Asphalt & Materials Re-bid
for Streets &Water/Irrigation Divisions
II. GENERAL INFORMATION
1. Purpose
It is the intent and purpose of these specifications to describe Asphalt & Materials Re-bid in sufficient detail to
secure bids on comparable units, equipment parts and material. All parts, which are necessary in order to
provide a complete unit, ready for operation, shall be included in the bid and shall conform in strength, quality
of workmanship and material to that which is usually provided the trade in general. Any variance from the
specifications or standards of quality must be clearly pointed out in writing by the Bidder.
2. Contracting Agency and Point of Contact
This BID is issued by the City of Yakima Purchasing Division. The person responsible for managing this BID
process from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this
BID until a Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other
personnel performing official business for the City regarding this BID shall be made through the Buyer listed on
page 2. Contact with other City personnel regarding this BID is not permitted during the procurement process
and violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of
the Bidder.
3. Exceptions
Specifications of the material 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, including the cost to meet the insurance requirements.
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.
4. 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.
5. Pick-up, Delivery and Completion
Each bidder is required to list on the Bid form the number of calendar days he/she expects material to be ready
for pick up or delivery to be made at the destination, in terms of time interval, following placement of order.
Time of delivery/completion is important and will be considered in the evaluation of the Bids. Failure to include
a specific number of calendar days may be sufficient grounds for rejection of Bid.
6. Delivery Acceptance to City Location
Delivery will be accepted by the City of Yakima at designated FOB point determined by the City. FOB (Freight on
Board) Destination: The seller retains the legal title to the goods until they reach the location of the buyer.
Seller pays for the transportation of the freight and takes care of additional freight charges until the goods reach
the buyer.
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 5 of 32
7. Delivery of Unapproved Substitutions
Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders
placed by the City reveals that an item other than those covered by and specified in the contract have been
ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s)
returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and
discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name
from the City bid list for a period of up to three (3)years.
8. Contract Term
See Section 3 of Contract
9. Pricing and Discount
Pricing: Pricing shall be prepared with the following terms.
The successful Bidder shall provide and bear the expense of all equipment; work and labor of any sort
whatsoever that may be required for the transfer of materials/product and completing the work provided for in
this Bid and every part thereof, except such as are mentioned in the specifications to be furnished by the City of
Yakima. Surcharges for fuel, delivery/hauling, hazardous material disposal, environmental fees or similar will
not be allowed. Relevant charges for these items shall be included in the base bid price.
All successful Bidders are subject to the minimum insurance requirements as outlined in the sample contract.
BIDDERS MUST INCORPORATE THE COST TO COMPLY WITH THE INSURANCE REQUIREMENTS IN THE BID PRICE.
Requests for lower insurance limits will be denied.
Prices established in continuing agreements and term agreements may be lowered due to general market
conditions, but prices shall not be subject to increase for twelve (12) months from the date of award.
Discounts: The City qualifies for governmental discounts. Unit prices shall reflect these discounts.
10. 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.
11. Price Increases
Pricing shall be prepared with the following terms. The Purchasing Manager may exempt these requirements
for extraordinary conditions that could not have been known by either party at the time of bid or other
circumstances beyond the control of both parties, as determined in the opinion of the Purchasing Manager.
Prices shall remain firm for the first twelve-month period of the contract.
Requests for Rate Increases must be delivered to the Buyer listed on Page 2, in accordance with the rules below.
No other employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City
with pricing above that specified by the City in writing within this Contract or specified within an official written
change issued by Purchasing to this contract, shall be invalid. Payment of an erroneous invoice does not
constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or
would withhold such overpayment from future invoices.
A. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below
Manufacturer List prices, there shall be no changes to the discount rate throughout the life of the
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 6 of 32
contract. As manufacturer list prices change, the net price to the City will automatically change in
the same percentage as the discount rate to the City.
B. Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply.
Original pricing shall be fixed and firm for the first year of the contract.
C. Price requests are at the discretion of the Purchasing Manager; and must also be:
i. The direct result of increases at the manufacturer's level (or if Bidder is a supplier of a raw
material delivered directly to the City,the increase must be verified at the supplier level).
ii. Incurred after contract commencement date.
iii. Not produce a higher profit margin than that on the original contract.
iv. Clearly identify the items impacted by the increase.
v. Be filed with Purchasing Manager a minimum of thirty (30) calendar days before the effective
date of proposed increase.
vi. Be accompanied by detailed documentation acceptable to the Purchasing Manager sufficient to
warrant the increase.
vii. Should not deviate from the original contract pricing scheme/methodology.
The United States published indices such as the Producer Price Index or other government data may be
referenced to help substantiate the Contractor's documentation. A link to the PPI Commodity Data is available
at http://data.bls.gov/PDQ/outside.isp?survey=wp.
The adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the
adjustment
12. Price Decreases
During the contract period and any renewals thereof, any price declines at manufacturer's level shall be
reflected in a reduction of the contract price to the City, retroactive to the date they were effective to the
bidder.
13. 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.
14. Warranty
Unless otherwise specifically stated by the Bidder, all goods and services furnished shall be warranted against
defects or faulty workmanship and materials by the Contractor for one (1) year following inspection and
acceptance of the products by the City. Warranty shall include all costs incurred, including shipping,for repair or
replacement except that which is damaged by misuse or abuse. This one-(1)year warranty shall in no way affect
normal extended or manufacturer's warranty exceeding this one (1) year period. Contractor warrants that all
goods and services furnished under this Agreement are new, conform strictly to the specifications herein, are
merchantable, good workmanship, free from defect, comply with all applicable safety and health standards
established for such products, all goods are properly packaged, and all appropriate instructions or warnings are
supplied. If a defect is found, a component failure occurs, or workmanship is found to cause failure, the Vendor
shall replace the product at their own expense, including shipping charges. Any replacement product will be
warrantied for one (1) year from the date it is delivered. All implied and expressed warranty provisions of the
Uniform Commercial Code are incorporated into this Agreement. Contractor further warrants that no violation
of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer,
production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more
12344 Asphalt&Materials Re-bid- Line Items Bid No 12331 Page 7 of 32
favorable warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and
acceptance of the goods or services.
15. 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.
16. Permits
All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the
City.
17. 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.
18. 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
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
required to have the capability of accepting the City's authorized procurement card as a method of payment.
No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of
payment.
21. Acceptance of Terms
Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of,
and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and
in the attached equipment specification(s); including all penalties mentioned.
22. Sales Tax
The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in
determining which bid is the lowest and best bid.
23. Tax Revenues
RCW 39.30.040 allows the City to consider the tax revenue that is generated by a purchase of supplies,
materials, and equipment, including those from a local sales tax or from a gross receipts business and
occupation tax, it determining which bid in the lowest bid, after the tax revenue has been considered.
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24. Clarifications and/or Revisions to Specification and Requirements
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or
clarification of the BID document.
Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions
concerning the subject matter of the BID document(s) shall not be considered unless submitted via e-mail (no
phone calls)to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All
Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who
have registered (per instructions on website)for updates to this BID.
If any requirements of the BID are unacceptable to any prospective Bidder, they may choose not to submit a Bid.
25. Incurring Costs
The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not
limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site
visits or any other activities related to responding to this BID.
26. No Obligation to Contract
This BID does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the
right to cancel or reissue this BID in whole or in part,for any reason prior to the issuance of a Notice of Intent to
Award. The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that
the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".)
27. Retention of Rights
The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these
specifications, and which would be in the best interest of the City and will not necessarily be bound to accept
the low bid.
All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared
by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option.
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. Other City Departments/Like Items Added
At any time during the term of this contract, or any extension thereof, other City departments may be served
under these same terms and conditions. Additional like items may be added at the request of the Purchasing
Manager.
30. 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
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• Strikes
• Inability to secure component materials
• Acts of God
• Fire
Provided the Buyer listed on Page 2 is notified in writing by the Contractor of such pending or actual delay. In
the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the
reason for the delay.
31. Re-Award
When the contract is terminated by the City or the Contractor upon providing the written notice as herein
required, the City, may re-award the contract to the next most responsible bidder within 120 days from original
award.
32. 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.
33. 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. PREPARING AND SUBMITTING A BID
1. General Instructions
Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis
for rejection of a bid. Refer to Section IV"Bidder's Checklist"to ensure your Bid is responsive.
2. Submitting a Bid
Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of
this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late, the electronic system will
not receive it.
If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will
be opened on the next business day of the City, at the originally scheduled hour.
Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic
lockbox 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 website at
www.YakimaWA.Gov/Services/Purchasing. The City is not responsible for late bids due to operator error,
electronic malfunction, system errors or interruptions affecting the Public Purchase site and the processing of
any bids. The Purchasing Manager reserves the right to make exceptions for extenuating circumstances.
Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All
sections of the response shall be made available to the public immediately after contract opening.
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 10 of 32
3. Prohibition of Bidder Terms&Conditions
A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid.
If a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a
nonresponsive counteroffer, and the Bid may be rejected.
4. Multiple Bids
Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for
Bid submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page
of their response.
5. Withdrawal of Bids
Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously
submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up
to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until
contract award.
IV. BIDDER'S CHECKLIST
Bidder must complete and upload, as part of their Bid submittal, all required forms listed below in accordance with
Section III - Preparing and Submitting a Bid. The list below may not be all inclusive. Be sure to READ the entire Bid
document and include everything that is required.
• Cover Sheet/Signature Page Page 2
• Technical Specification Analysis Pages 13—16
• Bid Form Pages 17- 19
• Bidder Questionnaire Pages 20-21
V. EVALUATION AND CONTRACT AWARD
1. Bid Evaluation
The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be
made to a responsible Bidder with the lowest responsive Bid. 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 agrees by submittal of a
bid.
3. Protest Procedure
Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal
protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA
98901, or by email to: purch@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:
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 11 of 32
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.
VI. TECHNICAL SPECIFICATIONS
The Bidder must provide a detailed description of each major component of their proposed system. At a minimum,
these descriptions shall take into consideration the specifications outlined in this Technical Specifications section.
Bidders are reminded to provide point-by-point responses to all specifications. Any additional work found necessary
that is not specified in this Bid specification shall be listed on a separate sheet entitled "Additional Materials/Labor
Required".
The Bidder must complete the following Technical Specification Section using one of the following responses for
each of the specifications.
Y—Yes. The Bidder's proposed product currently satisfies the entire requirement
and the proposed system will completely support the requirement.
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 12 of 32
N—No. The Bidder's product does not currently satisfy the entire requirement,
and the Bidder's delivered product will not satisfy the requirement.
E—Explanation. The Bidder's product partially satisfies the requirement and an
explanation is included in the response.
MR— Modification Required. The Bidder's product does not currently satisfy the requirement, but the
Bidder commits that the delivered base product will satisfy the
requirement at no additional cost and shall be supported in future
releases of the Bidder's base products.
The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not
necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders
are encouraged to provide further detail where such detail might differentiate their products from those of their
competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be
returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL.
*Upload with Bid Submittal*
Item# Specification Yes No Comments
1 Ready Mix Concrete delivered under this bid shall
be State of Washington Class 3000 Commercial
Concrete, 5-3/4 sack mix. Concrete shall be in
accordance with Section 6-02.3(2) B of the latest
edition of Standard Specifications for Road,
Bridge and Municipal Construction (WSDOT and
APWA). Slump for individual delivery will be
designated at the time of order. The price bid is
for Class B Ready Mix Concrete for either or both
FOB Vendor's plant and delivery on demand. A
copy of Vendor's cartage schedule for concrete
delivery in the various zones within the City shall
be furnished along with his bid.
2 Crushed stone surfacing shall be manufactured
from 100% fractured ledge rock, talus, or gravel
in accordance with Section 9-03.9 (3) and (4) of
latest edition of Standard Specifications (WSDOT
and APWA), except as stated below for
percentages of sizes passing designated screens.
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 13 of 32
Item# Specification Yes No Comments
PASSLNG
31"—0 3r8" 97-100 passing
1'4" 62-85 passing
No.10 5-25 passing
No.40 _ 2-10 passing
No.200 0-7 passing
5/8"—0 5'8" 100
144" 55-75
No 40 8-24
No.200 10 Max wet sieving
1-1'4"--0 1-1 4" 100
5/8" 50-80
1r'4" 30-50
No.40 3-18
No.200 7.5 Max.wet sieving
1!2"—#6 1/2" 100
Sealcoat Chips
3/8" 70-80
14" 25-40
No.6 0-15
No.10 0-3
3'8"—410 3/8" 70-80
Sealcoat Chips
25-40
No.6 0-15
No 10 0-3
5!16"Chips for 5.16" 100%
Sanding No.10 0-60%
0-2%
3 Material shall be weighed at the expense of the
Contractor in accordance with Section 1-09.2 of
the 2013 Standard Specifications for Road,
Bridge, and Municipal Construction prepared by
WSDOT and APWA.
4 Asphaltic concrete (Class G) shall be
manufactured in accordance with Section 5-04 of
the latest edition of Standard Specifications for
Road, Bridge, and Municipal Construction
prepared by the WSDOT and APWA and shall be
constructed of 3/8" - 0" crushed stone. Asphalt
shall be PG-6422 with the asphalt percent of total
mixture between 5.5%and 7.5%.
5 5/16"-0 Maintenance Sand shall be produced
from material which is free from roots, earth and
other extraneous material. All oversized gravel
occurring in the sources up to and including
cobbles of 10inches in the greatest dimension
shall be entirely utilized in the production of
maintenance Sand. Maintenance Sand shall be
produced in accordance with Sections 3-01 and 3-
02 of the latest editions of Standard
Specifications for Road, Bridge, and Municipal
Construction prepared by the WSDOT and APWA.
12344 Asphalt& Materials Re-bid- Line Items Bid No 12331 Page 14 of 32
Item# Specification Yes No Comments
6 Asphaltic concrete (Class A) shall be
manufactured in accordance with Section 5-04 of
the latest edition of Standard Specifications for
Road, Bridge, and Municipal Construction
prepared by the WSDOT and APWA, constructed
of 5/8" -0" crushed stone and PG-6422 asphalt.
Temperature requirements for stone and asphalt
listed under Section 5-04 shall apply. Asphalt
shall be PG-6422 with the asphalt percent of the
total mixture between 5.5%and 7.5%.
7 Material of each size and type shall be available
during any work day, Monday through Friday,
between the hours of 8:00 a.m. and 5:00 p.m.,
upon 24-hour notice by the City. It is understood
that hot mix machinery shuts down during the
winter months. The requesting Department or
Division Head in charge of the work and the
Vendor's representative shall establish, by mutual
consent, a delivery schedule.
8
The supplier is required to have suitable loading
equipment available each working day from 8:00
a.m. to 5:00 p.m. with a bucket size not less than
I-I/2 cu. yd.
9 Should the supplier be unable to or refuse to
supply materials, on any given day, against this
predetermined delivery schedule to which he 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 for the account of the supplier
holding the bid award for these products.
Exceptions to this section shall be as follows:
' A. Unavoidable mechanical breakdowns.
B. Strikes.
C. Inability to secure component materials.
D. Acts of God.
Exceptions: Provided the City of Yakima
Purchasing Manager is notified in writing by the
Supplier 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.
10 The contractor will be required to perform his
own plant calibration and preliminary testing of
the products to be furnished under this contract.
12344 Asphalt&Materials Re-bid - Line Items Bid No 12331 Page 15 of 32
Item# Specification Yes No Comments
After the crushed stone surfacing or asphaltic mix
meets the specifications,the City shall be notified
that the product is ready for pickup/delivery. The
City will require two initial samples under
supervision of a City representative to verify the
quality of the materials offered and additional
samples at the City's discretion throughout the
crushing activity.
11 The contractor will be required to furnish testing
laboratory equipment at his plant where the
proper equipment, in good repair, will be
available for these verification tests until such
time as these preliminary tests and verifications
have been made.
12 The contractor shall furnish a heated pumping
system for tack oil at their plant site.
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 16 of 32
V II. BID FORM
INVITATION TO BID NO. 12344
*Upload with Bid Submittal*
TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE
FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE
PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 60 CALENDAR DAYS.
The City of Yakima is accepting bids on Ready Mix, Rock, Hot & Cold Mix, Tack Oil, and Miscellaneous Additives per
Specifications. Contract may be awarded to more than one Bidder.
On items that are designated FOB Vendor's Plant, Bids will be considered from Manufacturer's operating pits within ten
(10) miles of at least one of the following addresses:
• 2301 Fruitvale Blvd, Yakima WA 98901
• 204 W Pine, Yakima, WA 98902
Bidders shall quote prices below for both FOB City Shop Complex and FOB Vendor's Plant. Materials will either be
delivered or picked up at the City's option. Quantities below are estimates only and materials will be ordered on an
as-needed basis.
FOB (Freight on Board) Destination: The seller retains the legal title to the goods until they reach the
location of the buyer. Seller pays for the transportation of the freight and takes care of additional
freight charges until the goods reach the buyer.
Prices below shall be all inclusive of materials, equipment, labor, delivery,fuel, and all surcharges.
Item Description Qty Unit of Price Total Price
No. Measure Per Unit (without tax)
SCHEDULE 1—COMMERCIAL READY MIX
State of Washington Class B Concrete, 5-3/4 sack mix, requirements per the following specifications.
5.75/Class 3000 Commercial Ready
l.a 1843 Cu.Yd.
Mix—City Stock#12637 $ $
FOB City Shop Complex
5.75/Class 3000 Commercial Ready
1.b Mix— 1843 Cu.Yd. $ $
City Stock#12637
FOB Vendor's Plant
2.a— Previously Awarded
2.b
SCHEDULE 2—MANUFACTURED CRUSHED ROCK
3.a— Previously Awarded
3.b
12344 Asphalt& Materials Re-bid- Line Items Bid No 12331 Page 17 of 32
Item Description Qty Unit of Price Total Price
No. Measure Per Unit _ (without tax)
5/8" Minus Manufactured Crushed
Rock—City Stock#7393 5100 Tons
4.a $ $
FOB City Shop Complex
5/8" Minus Manufactured Crushed
Rock—City Stock#7393 5100 Tons
4.b $ $FOB Vendor's Plant
1-1/4" --0 Manufactured Crushed
5.a Rock-FOB City Shop Complex 100 Tons $ $
1-1/4 --0 Manufactured Crushed 100 Tons
5.b Rock-FOB Vendor's Plant $ $
3/8" --#4 Sealcoat Chips— 5000 Tons
6.a FOB City Shop Complex $ $
3/8" --#4 Sealcoat Chips— 5000 Tons
6.b FOB Vendor's Plant $ $
1/2" --#4 Sealcoat Chips— 3000 Tons
7.a FOB City Shop Complex $ $
1/2" --#4 Sealcoat Chips— 3000 Tons
7.b FOB Vendor's Plant $ $
Drain Rock, 1%" Round Washed
Rock—City Stock#7705 100 Tons
8.a $ $FOB City Shop Complex
Drain Rock, 1%:" Round Washed Rock
—City Stock#7705 100 Tons
8.b $ $FOB Vendor's Plant
%" minus-Chips for sanding—
9.a maintenance rock 1500 Tons $ $
FOB City Shop Complex
%" minus-Chips for sanding—
9.b maintenance rock 1500 Tons $ $
FOB Vendor's Plant
SCHEDULE 3—ASPHALIC HOT AND COLD MIX
10-
15.b Previously Awarded
SCHEDULE 4—TACK OIL
16 Previously Awarded
SCHEDULE 5—MISCELLANEOUS
17 Previously Awarded
18 Previously Awarded
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 18 of 32
Item Description Qty Unit of Price Total Price
No. Measure Per Unit (without tax)
Demurrage/Stand-by Excess for
Mixer over 2 HR unload time or in
19 excess of six minutes per Cu.Yd., 1 Minute
whichever cost to the City is less, and $ $
when the delay is caused by the City
Split/Short Loads for Concrete.State
minimum concrete load (e.g. 9 cu yd)
20 1 Load $ $
State Minimum:
SUBTOTAL $
WA STATE SALES TAX—
Destination Based @ % $
TOTAL $
THIS FIELD IS MANDATORY. FAILURE TO COMPLETE MAY RESULT IN REJECTION OF BID
List discount offered off list price for any other items not specifically listed above:
OR
Percent markup from cost:
12344 Asphalt&Materials Re-bid- Line Items Bid No 12331 Page 19 of 32
VIII. BIDDER QUESTIONNAIRE
Page 1 of 2
INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the Owner
may request bidder to provide such information within a mandatory due date. You must submit this completed form to
the Owner with your Bid Proposal. Failure to submit this form fully complete, may result in disqualification of Bid.
BIDDER INFORMATION
Bidder's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business Federal
License No. UBI No. EIN No.
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip + 4
Physical Address
City State Zip +4
Name the person to contact for questions concerning this proposal.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip +4
Physical Address
City State Zip +4
12344 Asphalt&Materials Re-bid- Line Items Bid No 12331 Page 20 of 32
BIDDER: BIDDER QUESTIONNAIRE
Page 2 of 2
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No:
Please explain:
COMPLIANCE
Within the previous five years, has your firm or any of its owners, partners, or officers,
been assessed penalties or found to have violated any laws, rules, or regulations
enforced or administered by a governmental entity? This does not include owners of
stock if your firm is a publicly traded corporation. Yes: No:
Please explain
License(s) are required to perform the services sought by this solicitation. Within the
previous five years, has your firm had a license suspended by a licensing agency or
been found to have violated licensing laws? Yes: No:
Please explain
BUSINESS INTEGRITY
Is a governmental entity or public utility currently investigating your firm for false
claims or material misrepresentations? Yes: No:
Please explain
Within the previous five years, has a governmental entity or public utility determined
your firm made a false claim or material misrepresentation? Yes: No:
Please explain
Within the previous five years, has your firm or any of its owners, partners or officers
been convicted of a crime involving the bidding on a government contract, the
awarding of a government contract, the performance of a government contract, or of a
crime of fraud, theft, embezzlement, perjury, bribery? This does not include Owners
of stock if your firm is a publicly traded corporation. Yes: No:
Please explain
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 21 of 32
IX. SAMPLE CONTRACT
AGREEMENT
CITY OF YAKIMA
BID 12344
Asphalt&Materials Re-bid
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and , ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows:
1. Statement of Services
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as
"Services")according to the procedure outlined in Bid 12344 Asphalt&Materials Re-bid Specifications which are attached as Exhibit A,
and the most recent edition of the ANSI/TIA/EIA and NEC Standards, all of which are incorporated herein by this reference, and shall
perform any alterations in or additions to the work provided under this Contract and every part thereof.
2. Compensation
The City agrees to pay the Contractor according to Contractor's Bid Form which are attached as Exhibit B, and incorporated herein by
this reference, which Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Bid
submittal at the time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract
on a year to year basis for up to two (2) additional years. For a total of three (3) years. Contract extensions shall be automatic, and
shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the
Services have been completed to the City's satisfaction prior to any automatic renewal.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the
Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be
authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this
Contract without the prior written consent of the other.
b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the
full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent of the City.
7. Inspection, Production and Retention 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
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 22 of 32
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. 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 procure a City of Yakima Business License and pay all
charges,fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington 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.
9. Nondiscrimination Provision
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital
status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans
with Disabilities Act(42 USC 12101 et seq.).
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 23 of 32
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this
Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or
orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
any future City contracts.
10. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about, discussed, or disclosed their own pay or the pay of another employee or applicant. However,employees who have access to the
compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other
employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or(c)consistent with the contractor's legal duty to furnish information.
11. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials,
officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages,
and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the
Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused
by the City's sole negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and
anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in
connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The
Parties acknowledge that they have mutually negotiated this waiver.
c. 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.
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.
e. The terms of this Section shall survive any expiration or termination of this Contract.
12. 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.
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 24 of 32
Contractor shall 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 shall 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.
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 and
additional insured endorsements 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 certificate of insurance and additional insured endorsements
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving
the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in
Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify
the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of 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 City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as
additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of
this Contract. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected
and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of
Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance
maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if
necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible
in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract.
Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent
acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility.
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Automobile Liability $2,000,000 Per Occurrence
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 25 of 32
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. All additional insured endorsements required by this Section shall include an explicit waiver of
subrogation.
13. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications which can be given effect without the invalid term,condition or application. To this end,
the terms and conditions of this Contract are declared severable.
14. Contract Documents
This Contract, the Invitation to Bid 12338 Scope of Work, conditions, 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
Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by
reference into this Contract.
15. Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with written notice of City's breach and the City 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
12344 Asphalt&Materials Re-bid- Line Items Bid No 12331 Page 26 of 32
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.
16. 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.
17. Re-Award
When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City
ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award.
When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is
terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible
Proposer within 120 days from original award.
18. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual
delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time
lost due to the reason for delay.
19. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
20. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
21. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that they have has been fully authorized by
Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this
Contract.
22. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the
Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the
City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination.
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 27 of 32
23. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and
intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the
facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible,
and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect
services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in
governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties
hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or
unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as
follows:
TO CITY: COPY TO: TO CONTRACTOR:
Jay Kendall Christina Payer
Streets Maintenance Supervisor Buyer II
City of Yakima City of Yakima
129 North 2nd Street 129 North 2nd Street
Yakima WA, 98901 Yakima, WA 98901
24. Survival
The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their
terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA [ENTER CONTRACTOR NAME]
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
List of Exhibits attached to this contract
Exhibit A—Specifications
Exhibit B—Contractor's Bid Form
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 28 of 32
EXHIBIT A - SPECIFICATIONS
EXHIBIT B - CONTRACTOR'S BID FORM
12344 Asphalt& Materials Re-bid - Line Items Bid No 12331 Page 29 of 32
X. SAMPLE INSURANCE
ACC.REPD CERTIFICATE OF LIABILITY INSURANCE DATE 01111hArrT TY TI
�•I'''' C JR;:CE.T DATE
THIS CERTIFICATE IS ISSUED AS A MUITTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poicy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy,certain poicies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CMTACT INSURANCE AGENT INFORMATION
INSURANCE AGENT ISSUING CERTIFICATE MOIiArC MaR SAY I uuc nor.
E-NAL
ADDRESS: -
InURERItI AFFORDING COVERAGE NAIC I
INSURER A: A-VIM OR BE t t tti,ADMITTED CARRIER
NSURED INSURER B:
Entity Insured Address 0/SURER C:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED- NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.TTE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONornoNS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MIR ADDL IU9C POLICY ErF POLICY EU. LIMITS LTA TYPE OF NS(RANCE IUD MO POLICY NUMBS PRIFIT DIYYYTI mrWODNYYY1- -
X coiniEsicuu.GENERAL usaa.r r _EACH OCCURRENCE i 2.000.000
DAMAGE i REAMED
CLUN mn
3NAACE IX OCCUR aa sOiE4acanen.et i 100.000
uEO ExP'.,Any one person; i 5000
A r POLICY NUMBER 574 p:7- r PCRS,NO.A ACV'Away- i 1.000.000
GEH-L AGGREGATE LAST APPLIES PEA: DATE DATE GENERAL AGGREGATE i 2.000.000
!POUCY I X i J�7 LOC PROCUCTs1-COUP.OP AGG i 2.000.000
Icr - i -
AUTONOBILE UABLRY COMBINED SINGLE UNIT i 2.000.000
IEa accl9erlY -
X-ANY AUTO &DOILY NARY 1Per pose i
A _AOWNED -UTOS ONLY _ALTOS D POUCY NUMBER START ST0,, BODILY INJURY For acaaert, i
HIRED NON-CANED DATE DATE PerRRO rti DAMAGE i
AUTOS ONLY AUTOS ONLY
i
LIY MIA UR EA/Cr/OCCURRENCE I
EKES*LIAR CLAIMS-LADE AGGREGATE i -
DEO I I RETENTIONS - _ i
AORKERS COIi9UATION I I STATUTE I X I ENR
AND EMPLOYERS"LIABILITY -
AR OP PARTNEREXECUITIE Y 9 N 7 N 1 A I POLICY NUMBER START r' ., El-EAcli ACCCENT i 1 p00.DOD -
A o FICERSAB ERENCALOEDT CIo
IIi.nIf aanaeb~inaer STOP GAPS EL ONLY DATE DATE EL OIAFaNE-EAE/FLOYEE i 1.O0D.000
DESCRIPTION OF OPERATIONS beim EL DISEASE-POLICY LENT i .>11112.40Q .
DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(SCOW 101,AC+ho®1 RRIRRI Sfea0E,ma Se amoOad I nun cm*K ROO ns)
The City of Yokota.ds agents,employees.authorized eokritle!is.elected and appointed officials are included as additional insured
See altadied Adiftion4 insured Endorsement
CERTIFICATE HOLDER CANCELLATION(
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
C of YakimaACCORDANCE WITH THE POLICY PROVTSMDNS.
Purchasing` park� AUTMOfIZED REPRESENTATIVE
120 N.2nd St
Yakima.WA 68g01 SIGNATURE
I
01988-2015 ACORD CORPORATION_ All rights reserved.
ACORD 25(2016t03) The ACORD name and logo are registered marks of ACORN
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 30 of 32
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 LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(slOf Covered Operations
The City of Yakima,its agents,employees,authorized
volunteers.elected and appointed officials are included
as Primary!Non-Contributory additional insured.
hifvrirration required to complete this Sched ' above,will be shown in the Declarations.
•
A. Section II Who Is An Insured is krl • to B. With respect to the insurance afforded to these
include as an additional Insured the . µ,--• a) or additional insureds, the following additional exctu-
organization(s) shown in the Soh ,ut only stone apply:
with respect to liability for *+" u "on:owly This insurance does not apply to "bodily Mjurr or
damage' or "personal and a• • a Injury" "property damage"occurring after
caused,in whole or in part,by:
1. Your acts or omissions;or 1. Al work, including materials, parts or equip-
ment furnished in connection with such work,
2. The acts or omissions of those acting on your on the project(other than service, maintenance
behalf; or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional insured(s) at the locabon(s) desig- covered operations has been completed;or
nated above- 2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or Rutxmtrarhrx en-
gaged in performing operations for a principal
as a part of the same project.
CG 20 10 07 04 C ISO Properties, Inc,2004 Page 1 of 1 C
12344 Asphalt& Materials Re-bid- Line Items Bid No 12331 Page 31 of 32
POLICY NUMBER:CGD300084907 COMMERCIAL GENERAL LIABILITY
CG24041219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided tinder the fo8owing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTSACOMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s)Or Organization(s):
Where required by written contractor agreement executed prior to loss(except where not permitted by law).
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Ssction IV—Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part Such waiver by us applies only to the extent that
the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s)shown in the Schedule above.
CG 24 04 12 19 @ Insurance Services Office,Inc.,2018 Page 1 of 1
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 32 of 32
Exhibit B
(Contractor's Bid Forms)
City of Yakima
NOTICE TO BIDDERS
BID 12344
Notice is hereby given by the undersigned that electronic sealed Bids will
be accepted via PublicPurchase.com until the hour of 2:00:00 PM PST on
December 15, 2023. Bids will be publicly opened in Yakima City Hall,
Council Chambers, 129 N. 2nd Street, Yakima, Washington 98901. At
such time, Bids will be publicly read for: Asphalt & Materials Re-bid for
Public Works. Instructions to register with PublicPurchase.com are
available at www.yakimawa.gov/services/purchasing.
The City of Yakima reserves the right to reject any & all BIDs. The City
hereby notifies all Bidders that it will affirmatively ensure compliance
with WA State Law Against Discrimination (RCW chapter 49.60) & the
Americans with Disabilities Act (42 USC 12101 et set.)
Dated November 29, 2023. Publish on December 1 &3, 2023
Christina Payer, Buyer II
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 1 of 32
17$ CITY OF YAKIMA INVITATION TO BID 12344
COVER SHEET
--- THIS IS NOT AN ORDER
BID Release Date. December 1, 2023
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. If you try to submit a Bid late, the electronic system will not receive
it. Bid openings are public. Late Bids will not be accepted or evaluated. Bids shall be firm for acceptance for ninety (90) days
from date of Bid opening, unless otherwise noted.
BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For: Buyer in charge of this procurement(Contact for further information)
City of Yakima—Streets&Water/Irrigation Christina Payer, Buyer II
2301 Fruitvale Blvd
Yakima, WA 98902
Bids Must be completely uploaded by: Phone E-Mail Address
December 15, 2023 at 2:00:0o PM PST (509) 576-6696 Christina.paver( vakimawa.aov
Public Opening 2
PROJECT DESCRIPTION SUMMARY
Asphalt& Materials Re-bid for Streets &Water/Irrigation Divisions
(Re-bid of line items from Bid No. 12331)
Enter Prompt Payment Discount: N/A % net N/A days We/I will complete delivery within 3 days after receipt of
order.
Delivery Details: FOB Destination, Freight Prepaid
❑I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received)
In signing this Bid we also certify that we have not,either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken
any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a Bid;that this Bid has
been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Bid has not been knowingly disclosed prior to
the opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury.
Furthermore,the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or
services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any
responsibility or involvement in the purchase orders or contracts issued by other public agencies.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid.
Company Name Company Address
Granite Construction Company 80 Pond Rd. Yakima WA 98901
Name of Authorized Company Representative(Type or Print) Title Phone (425 )
407-2330
Shane Berrett Material Manager Fax (509 )576-7056
Signature of Above Date Email Address
l 2-15-2-0 2-3 Shane. Berrett@gcinc.com
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 2 of 32
N—No. The Bidder's product does not currently satisfy the entire requirement,
and the Bidder's delivered product will not satisfy the requirement.
E—Explanation. The Bidder's product partially satisfies the requirement and an
explanation is included in the response.
MR—Modification Required. The Bidder's product does not currently satisfy the requirement, but the
Bidder commits that the delivered base product will satisfy the
requirement at no additional cost and shall be supported in future
releases of the Bidder's base products.
The following Technical Specifications Analysis shall be answered with a Y of N. Checking "NO" on any item will not
necessarily disallow a Bid. The City shall be the sole judge as to whether an exception is acceptable or not. Bidders
are encouraged to provide further detail where such detail might differentiate their products from those of their
competitors or where such detail might assist in analysis of the Bid. Technical Specification Analysis shall be
returned with the Bid Submittal. FAILURE TO DO SO WILL BE CAUSE FOR REJECTION OF SAID BID SUBMITTAL.
*Upload with Bid Submittal*
Item# Specification Yes No Comments
1 Ready Mix Concrete delivered under this bid shall N/A N/A
be State of Washington Class 3000 Commercial
Concrete, 5-3/4 sack mix. Concrete shall be in
accordance with Section 6-02.3(2) B of the latest
:edition of Standard Specifications for Road,
Bridge and Municipal Construction (WSDOT and
APWA). Slump for individual delivery will be
designated at the time of order. The price bid is
for Class B Ready Mix Concrete for either or both
FOB Vendor's plant and delivery on demand. A
copy of Vendor's cartage schedule for concrete
delivery in the various zones within the City shall
be furnished along with his bid.
2 Crushed stone surfacing shall be manufactured Yes
from 100% fractured ledge rock, talus, or gravel
in accordance with Section 9-03.9 (3) and (4) of
latest edition of Standard Specifications (WSDOT
and APWA), except as stated below for
percentages of sizes passing designated screens.
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 13 of 32
Item# Specification Yes No Comments
PASSING Yo
3/8"—0 3-8" 97-100 passing
1/4" 62-85 passing
No.10 5-25 passing
No.40 2-10 passing
No.200 0-7 passing
5,8"—0 5'8" 100
1/4" 55-75
•
No.40 8-24
No.200 10 Max.wet sieving
1-1,4"—0 1-114" 100
5r8" 50-80
114" 30-50
No.40 3-18
No.200 7.5 Max.wet sieving
1/2"—#6 1/2" 100
Sealcoat Chips
70-80
25-40
No.6 0-15
No.10 0-3
3.18"—#10 3/8" 70-80
Sealcoat Chips
1./4" 25-40
No.6 0-15
No.10 0-3
5/16"Chips for 5/16" 100%
Sanding No.10 0-60%
0-2%
3 Material shall be weighed at the expense of the Yes
Contractor in accordance with Section 1-09.2 of
the 2013 Standard Specifications for Road,
Bridge, and Municipal Construction prepared by
WSDOT and APWA.
4 Asphaltic concrete (Class G) shall be Yes
manufactured in accordance with Section 5-04 of
the latest edition of Standard Specifications for
Road, Bridge, and Municipal Construction
prepared by the WSDOT and APWA and shall be
constructed of 3/8" - 0" crushed stone. Asphalt
shall be PG-6422 with the asphalt percent of total
mixture between 5.5%and 7.5%.
5 5/16"-0 Maintenance Sand shall be produced No
from material which is free from roots, earth and
other extraneous material. All oversized gravel
occurring in the sources up to and including
cobbles of 10inches in the greatest dimension
shall be entirely utilized in the production of
maintenance Sand. Maintenance Sand shall be
produced in accordance with Sections 3-01 and 3-
02 of the latest editions of Standard
Specifications for Road, Bridge, and Municipal
Construction prepared by the WSDOT and APWA.
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 14 of 32
Item# Specification Yes No Comments
6 Asphaltic concrete (Class A) shall be Yes
manufactured in accordance with Section 5-04 of
the latest edition of Standard Specifications for
Road, Bridge, and Municipal Construction
prepared by the WSDOT and APWA, constructed
of 5/8" -0" crushed stone and PG-6422 asphalt.
Temperature requirements for stone and asphalt
listed under Section 5-04 shall apply. Asphalt
shall be PG-6422 with the asphalt percent of the
total mixture between 5.5%and 7.5%.
7 Material of each size and type shall be available Yes
during any work day, Monday through Friday,
between the hours of 8:00 a.m. and 5:00 p.m.,
upon 24-hour notice by the City. It is understood
that hot mix machinery shuts down during the
winter months. The requesting Department or
Division Head in charge of the work and the
Vendor's representative shall establish, by mutual
consent, a delivery schedule.
8 The supplier is required to have suitable loading 5
equipment available each working day from 8:00
a.m. to 5:00 p.m. with a bucket size not less than
I-I/2 cu.yd.
9 " Should the supplier be unable to or refuse to Yes Sealcoat chips
supply materials, on any given day, against this require a 30 day
predetermined delivery schedule to which he has notice prior to the
agreed and the City is forced to do the work with desired date of
materials bought from a different supplier, the pick up
difference in the bid price of the materials and
that paid the new supplier, in order to do the
work, shall be for the account of the supplier
holding the bid award for these products.
ss Exceptions to this section shall be as follows:
A. Unavoidable mechanical breakdowns.
B. Strikes.
y C. Inability to secure component materials.
D. Acts of God.
Exceptions: Provided the City of Yakima
Purchasing Manager is notified in writing by the
Supplier 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.
10 The contractor will be required to perform his
own plant calibration and preliminary testing of
the products to be furnished under this contract.
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 15 of 32
Item# Specification Yes No Comments
After the crushed stone surfacing or asphaltic mix Yes
meets the specifications,the City shall be notified
that the product is ready for pickup/delivery. The
City will require two initial samples under
supervision of a City representative to verify the
quality of the materials offered and additional
samples at the City's discretion throughout the
crushing activity.
11 The contractor will be required to furnish testing Yes
laboratory equipment at his plant where the
proper equipment, in good repair, will be
available for these verification tests until such
time as these preliminary tests and verifications
have been made.
12 The contractor shall furnish a heated pumping Y
system for tack oil at their plant site.
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 16 of 32
VII. BID FORM
INVITATION TO BID NO. 12344
*Upload with Bid Submittal*
TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE
FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE
PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 60 CALENDAR DAYS.
The City of Yakima is accepting bids on Ready Mix, Rock, Hot & Cold Mix, Tack Oil, and Miscellaneous Additives per
Specifications. Contract may be awarded to more than one Bidder.
On items that are designated FOB Vendor's Plant, Bids will be considered from Manufacturer's operating pits within ten
(10) miles of at least one of the following addresses:
• 2301 Fruitvale Blvd,Yakima WA 98901
• 204 W Pine,Yakima,WA 98902
Bidders shall quote prices below for both FOB City Shop Complex and FOB Vendor's Plant. Materials will either be
delivered or picked up at the City's option. Quantities below are estimates only and materials will be ordered on an
as-needed basis.
FOB (Freight on Board) Destination: The seller retains the legal title to the goods until they reach the
location of the buyer. Seller pays for the transportation of the freight and takes care of additional
freight charges until the goods reach the buyer.
Prices below shall be all inclusive of materials,equipment, labor, delivery,fuel, and all surcharges.
Item Description Qty Unit of Price Total Price
No. Measure Per Unit (without tax)
SCHEDULE 1—COMMERCIAL READY MIX
State of Washington Class B Concrete, 5-3/4 sack mix, requirements per the following specifications.
5.75/Class 3000 Commercial Ready 1843 Cu.Yd. $ N/A $N/A
1.a Mix—City Stock#12637 -
FOB City Shop Complex
5.75/Class 3000 Commercial Ready
1.b Mix— 1843 Cu.Yd. $ N/A $N/A
City Stock#12637
FOB Vendor's Plant ,
2.a— Previously Awarded
2.b
SCHEDULE 2—MANUFACTURED CRUSHED ROCK
3.a— Previously Awarded
3.b
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 17 of 32
Item Description Qty Unit of Price Total Price
No. Measure Per Unit (without tax)
5/8" Minus Manufactured Crushed
4.a Rock—City Stock#7393 5100 Tons $N/A $N/A
FOB City Shop Complex
5/8" Minus Manufactured Crushed
4.b Rock—City Stock#7393 5100 Tons $ 13.50 $68,850.00
FOB Vendor's Plant
1-1/4" --0 Manufactured Crushed
5.a Rock-FOB City Shop Complex 100 Tons $ N/A $N/A
1-1/4" --0 Manufactured Crushed
5.b Rock-FOB Vendor's Plant 100 Tons $ 13.50 $1,350.00
3/8"--#4 Sealcoat Chips— 5000 Tons
6.a FOB City Shop Complex $ N/A _ $N/A
3/8"--#4-Sealcoat Chips—#10 5000 Tons
6.b FOB Vendor's Plant $ 15.50 $77,500.00
1/2" --#4 Sealcoat Chips— 3000 Tons
7.a FOB City Shop Complex $ N/A $N/A
1/2" --#4 Sealcoat Chips— 3000 Tons
7.b FOB Vendor's Plant $ 15.50 $46,500.00
Drain Rock, 1 W' Round Washed
8 a Rock—City Stock#7705 100 Tons $N/A $N/A
FOB City Shop Complex
Drain Rock, 1%2" Round Washed Rock
8 b —City Stock#7705 100 Tons $ N/A $N/A
FOB Vendor's Plant
X" minus-Chips for sanding—
9.a maintenance rock 1500 Tons $ N/A $N/A
FOB City Shop Complex
X" minus-Chips for sanding— 16.00 24,000.00
9.b maintenance rock 1500 Tons $ $
FOB Vendor's Plant
SCHEDULE 3—ASPHALIC HOT AND COLD MIX
10-
15.b Previously Awarded
SCHEDULE 4—TACK OIL
16 Previously Awarded
SCHEDULE 5—MISCELLANEOUS
17 Previously Awarded
18 Previously Awarded
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 18 of 32
Item Description Qty Unit of Price Total Price
No. Measure Per Unit (without tax)
Demurrage/Stand-by Excess for
Mixer over 2 HR unload time or in
19 excess of six minutes per Cu. Yd., 1 Minute $ N/A $N/A
whichever cost to the City is less,and
when the delay is caused by the City
Split/Short Loads for Concrete. State
minimum concrete load (e.g.9 cu yd)
20 1 Load $ N/A $N/A
State Minimum:
SUBTOTAL $218,200.00
WA STATE SALES TAX—
Destination Based @ 8.3 % $18,110.60
TOTAL $236,310.60
THIS FIELD IS MANDATORY. FAILURE TO COMPLETE MAY RESULT IN REJECTION OF BID
List discount offered off list price for any other items not specifically listed above: 10
OR
Percent markup from cost: N/A
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 19 of 32
VIII. BIDDER QUESTIONNAIRE
Page 1 of 2
INSTRUCTIONS: Provide the requested information,sign and date. If the Owner requires further description,the Owner
may request bidder to provide such information within a mandatory due date. You must submit this completed form to
the Owner with your Bid Proposal. Failure to submit this form fully complete, may result in disqualification of Bid.
BIDDER INFORMATION
Bidder's Legal Name: Granite Construction Company
Company's dba: (if applicable) N/A
CEO/President
Name: Kyle Larkins
Business Federal
License No. 170187 UBI No. 409-023-062 EIN No. 94-0519552
Phone ( 509 ) 823-0641 Toll Free Phone ( )
Keith.Majors@gcinc.com
FAX ( ) N/A E-Mail Address
Mailing Address 80 Pond Rd
City Yakima State WA Zip+4 98901-9354
Physical Address 80 Pond Rd
City Yakima State WA Zip+4 98901-9354
Name the person to contact for questions concerning this proposal.
Name Torrey Hill Title Assistant Plant Manager
Phone (209 ) 234-3599 Toll Free Phone ( ) N/A
FAX ( ) N/A E-Mail Address torrey.hill@gcinc.com
Mailing Address 80 Pond Rd
City Yakima State WA Zip+4 98901-9354
Physical Address 80 Pond Rd
City Yakima State WA Zip+4 98901-9354
12344 Asphalt& Materials Re-bid-Line Items Bid No 12331 Page 20 of 32
BIDDER: Granite Construction Company BIDDER QUESTIONNAIRE
Page 2 of 2
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No: X o
Please explain:
COMPLIANCE
Within the previous five years, has your firm or any of its owners, partners, or officers,
been assessed penalties or found to have violated any laws, rules, or regulations
enforced or administered by a governmental entity? This does not include owners of
stock if your firm is a publicly traded corporation. Yes: No: X o
Please explain
License(s) are required to perform the services sought by this solicitation. Within the
previous five years, has your firm had a license suspended by a licensing agency or
been found to have violated licensing laws? Yes: No: X o
Please explain
BUSINESS INTEGRITY
Is a governmental entity or public utility currently investigating your firm for false
claims or material misrepresentations? Yes: No: X
Please explain
Within the previous five years, has a governmental entity or public utility determined
your firm made a false claim or material misrepresentation? Yes: No: X
Please explain
Within the previous five years, has your firm or any of its owners, partners or officers
been convicted of a crime involving the bidding on a government contract, the
awarding of a government contract, the performance of a government contract, or of a
crime of fraud, theft, embezzlement, perjury, bribery? This does not include Owners
of stock if your firm is a publicly traded corporation. Yes: No: X
Please explain
12344 Asphalt&Materials Re-bid-Line Items Bid No 12331 Page 21 of 32
Bid Tabulation&Comparison
Project:Asphalt and Materials(Rebid 12331) vi
V Bid Opening: December 14, 2:00:00 PM PST Contract Term
Project No.: 12344 d laei,/o
Department: Streets/Water-Irrigation Approved: s ?0 -- K_ JeLt-//
Project Manager:Jay Kendall/Maria Martinez City Mana 2 er, Date
AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name
I recommend award of line items 4b and 5b to Granite Central Pre-Mix D &S Rock Granite Construction
Construction,based on theirs being a responsive bid received NON RESPONSIVE
from a responsible bidder. I recommend that no award be made
for line itmes la,1b,6b,7b,8b,9b,19&20;due to not receiving
any e onsive bids from a ponsible bidder.
IAA I) A,41k I 2/ 4 )vi
BUYER I DATE
Schedule 1 - Commercial Ready Mix
State of Washington Class B Concrete, 5-3/4 sack mix, requirements per the following specifications.
No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
5.75/Class 3000 Commercial Ready
1.a Mix-City Stock#12637 1,843 Cu.Yd. 185.00 340,955.00 0.00 0.00 0.00 0.00 0.00 0.00
FOB City Shop Complex
5.75/Class 3000 Commercial Ready
1.b Mix-City Stock#12637 1,843 Cu.Yd. 185.00 340,955.00 0.00 0.00 0.00 0.00 0.00 0.00
FOB Vendor's Plant
2.a- Previously Awarded Under Bid
2.b 12331
Schedule 2 - Manufactured Crushed Rock
No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
3.a- Previously Awarded Under Bid
3.b 12331
5/8" Minus Manufactured Crushed
4.a Rock-City Stock#7393 5,100 Tons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FOB City Shop Complex
5/8" Minus Manufactured Crushed
4.b Rock-City Stock#7393 5,100 Tons 13.50 68,850.00 13.50 68,850.00 13.50 68,850.00 0.00 0.00
FOB Vendor's Plant
AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name
I recommend award of line items 4b and 5b to Granite Central Pre-Mix D &S Rock Granite Construction
Construction,based on theirs being a responsive bid received jV V IL LJ1 UIV JI V L
from a responsible bidder. I recommend that no award be made
for line itmes la,lb,6b,7b,8b,9b,19&20;due to not receiving
any responsive bids from a responsible bidder.
BUYER/ DATE
1-1/4" 0 Manufactured Crushed
5.a 100 Tons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Rock-FOB City Shop Complex
1-1/4"0 Manufactured Crushed
5.b 100 Tons 13.50 1,350.00 13.50 1,350.00 13.50 1,350.00 0.00 0.00
Rock-FOB Vendor's Plant
3/8" #4 Sealcoat Chips-
6.a FOB City Shop Complex 5,000 Tons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
3/8"#4 Sealcoat Chips-
6.b FOB Vendor's Plant 5,000 Tons 17.25 86,250.00 0.00 0.00 15.50 77,500.00 0.00 0.00
1/2"#4 Sealcoat Chips-
7.a FOB City Shop Complex 3,000 Tons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
7 b 1/2"#4 Sealcoat Chips- 3,000 Tons 16.75 50,250.00 0.00 0.00 15.50 46,500.00 0.00 0.00
FOB Vendor's Plant
Drain Rock, 1 Y2" Round Washed
8.a Rock- City Stock#7705 100 Tons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FOB City Shop Complex
Drain Rock, 1 Y2" Round Washed
8.b Rock-City Stock#7705 100 Tons 14.50 1,450.00 0.00 0.00 0.00 0.00 0.00 0.00
FOB Vendor's Plant
%" minus-Chips for sanding-
9.a maintenance rock 1,500 Tons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
FOB City Shop Complex
'A" minus-Chips for sanding-
9.b maintenance rock 1,500 Tons 12.75 19,125.00 0.00 0.00 16.00 24,000.00 0.00 0.00
FOB Vendor's Plant
Schedule 3 - Asphalic Hot and Cold Mix
10- Previously Awarded Under Bid
15.b 12331
AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name Vendor Name
I recommend award of line items 4b and 5b to Granite Central Pre-Mix D &S Rock Granite Construction
Construction,based on theirs being a responsive bid received NON RESPONSIV'
from a responsible bidder. I recommend that no award be made
for line itmes la,1b,6b,7b,8b,9b,19&20;due to not receiving
any r onsive bids from a resp sible bidder.
r, Bock 4041A,, ? ggti-ii
BUYER/DATE
Schedule 4 -Tack Oil
16 Previously Awarded Under Bid
12331
Schedule 5 - Miscellaneous
No. Description Qty. Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
17- Previously Awarded Under Bid
18 12331
Demurrage/Stand-by Excess for
Mixer over 2 HR unload time or in
excess of six minutes per Cu.Yd.,
19 whichever cost to the City is less, 1 Minute 1.75 1.75 0.00 0.00 0.00 0.00 0.00 0.00
and when the delay is caused by the
City
Split/Short Loads for Concrete.State
minimum concrete load (e.g.9 cu 1 Load 150.00 150.00 0.00 0.00 0.00 0.00 0.00 0.00
20 yd)
State Minimum 4 cy yd
Subtotal: 909,336.75 70,200.00 218,200.00 0.00
WSST- Destination Based 8.3%: 75,474.95 5,826.60 18,110.60 0.00
Total: 984,811.70 76,026.60 236,310.60 0.00
Items 6b&7b did not meet
Did not submit required
Comments: city's technical
forms.
requirements.
1
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71:::(1111&1!' .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.C.
For Meeting of:April 2, 2024
ITEM TITLE: Resolution awarding Bid 12344 and authorizing an agreement with
Granite Construction for Asphalt and Materials
SUBMITTED BY: *Jay Kendall, Street Maintenance Supervisor
Christina Payer, Buyer I I
SUMMARY EXPLANATION:
If awarded, the bid will establish unit prices over the next three years for different types of
materials supplied by the bidder for use by the City Public Works Department in its maintenance
and operations activities.
The City published notice in the Yakima Herald Republic on December 1 and 3, 2023 and on the
city's webpage through PublicPurchase.com that Bid No. 12344 was open for competitive bid.
The City Manager reviewed and approved the recommendation of award on February 29, 2024,
as indicated on the attached bid tabulation.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ Resc,iuti3r:BiC 12344 3/2; 2C24 Resolution
❑ Agreement 12344 3/27/2024 Contract
O Bid Tabulation 12344 3/27/2024 Backup Matenal