Tacoma Municipal Building Fire Pump, Domestic Water & Automatic Transfer Switch Projects

City of Tacoma Department of Public Works Facilities Management Division PROJECT MANUAL Division 00: Bidding & Contract Requirements Division 01: General Requirements Tacoma Municipal Building Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F Revised: 03/23/2020 City of Tacoma Public Works Department, Facilities Management REQUEST FOR BIDS PW20-0061F Tacoma Municipal Building Fire Pump, Domestic Water & Automatic Transfer Switch Projects Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, November 3, 2020 Submittal Delivery: Sealed submittals will be received as follows: By Email: bids@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. By Carrier: City of Tacoma Procurement & Payables Division Tacoma Public Utilities 3628 S 35th Street Tacoma, WA 98409 In Person: City of Tacoma Procurement & Payables Division Tacoma Public

Utilities Administration Building North Guard House (east side of main building) 3628 S 35th Street Tacoma, WA 98409 By Mail: City of Tacoma Procurement & Payables Division Tacoma Public Utilities PO Box 11007 Tacoma, WA 98411-0007 Until further notice, public Bid Opening meetings have been cancelled. Submittals in response to a RFB will be recorded as received. As soon as possible on the day of submittal deadline, preliminary results will be posted to www.TacomaPurchasing.org. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org.  Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates.  Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: A virtual Pre-Bid Meeting will be held on Friday, October 16, 2020 at 10 AM. Registration is required. Please register in advance at https://us02web.zoom.us/webinar/register/ WN_pxT141aRSbavAYspQ8kJHg. After registering, you will receive a confirmation email containing information about joining the webinar. Pre-proposal site walk will be held by appointment only on Tuesday, October 20 and Wednesday, October 21 by emailing Stephen Kruger at skruger@cityoftacoma.org. Questions shall be submitted in writing and responses to all contractors questions will be issued via addendum. Project Scope: The project consists of upgrades and renewals to the TMB Fire sprinkler pump and test line, Domestic flush water system and Automatic Transfer Switch Estimate: $253,000 Paid Leave and Minimum Wage: Effective February 1, 2016, the City of Tacoma requires all employers to provide paid leave and minimum wages, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit www.cityoftacoma.org/employmentstandards. https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=22848 http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx http://www.ci.tacoma.wa.us/45bidsapps/PlanholderList.aspx http://www.cityoftacoma.org/employmentstandards Form No. SPEC-040C Revised: 03/23/2020 Americans with Disabilities Act (ADA Information: The City of Tacoma, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to Form No. SPEC-040C nondiscrimination on the basis of disability, in all of its programs and activities. Specification materials can be made available in an alternate format by emailing Gail Himes at ghimes@cityoftacoma.org, or by calling her collect at 253-591-5785. Additional Information: Requests for information regarding the specifications may be obtained by contacting Doreen Klaaskate, Senior Buyer by email to dklaaskate@cityoftacoma.org Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, specifies procedures for protests submitted prior to and after submittal deadline. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468. http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ TABLE OF CONTENTS COVER REQUEST FOR BIDS (RFB ADVERTISEMENT) TABLE OF CONTENTS SPECIAL NOTICE TO BIDDERS DIVISION 00: BIDDING & CONTRACT REQUIREMENTS A. BID PERIOD FORMS: 1. BIDDER QUESTION FORM 2. SUBSTITUTION REQUEST FORM B. PROPOSAL FORMS (MUST BE SUBMITTED WITH BID): 1. BID PROPOSAL AND SIGNATURE PAGE 2. BID BOND 3. EQUITY IN CONTRACTING UTILIZATION FORM 4. STATE RESPONSIBILITY FORM 5. GENERAL CONTRACTOR QUALIFICATION SUBMITTAL 6. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES FORM C. CONTRACT FORMS (POST AWARD): 1. CONTRACT 2. INSURANCE CERTIFICATE REQUIREMENTS 3. PERFORMANCE BOND TO THE CITY OF TACOMA 4. PAYMENT BOND TO THE CITY OF TACOMA 5. BOND IN LIEU OF RETAINAGE (OPTIONAL) 6. ESCROW IN LIEU OF RETAINAGE (OPTIONAL) 7. GENERAL RELEASE TO THE CITY OF TACOMA D. WASHINGTON STATE PREVAILING WAGE RATES 1. STATE PREVAILING WAGE RATES FOR PIERCE COUNTY E. CITY PROGRAMS: 1. EIC – TACOMA MUNICIPAL CODE 2. EIC – PROGRAM REGULATIONS 3. EIC – SPECIAL REMINDER 4. EIC – WAIVER REQUEST F. GENERAL CONDITIONS AND OTHER CONTRACT TERMS & CONDITIONS: 1. CITY OF TACOMA, STANDARD TERMS AND CONDITIONS 2. MODIFICATIONS TO THE GENERAL CONDITIONS, AS MODIFIED BY THE CITY OF TACOMA 3. GENERAL CONDITIONS FOR WASHINGTON STATE FACILITY CONSTRUCTION DIVISION 01: GENERAL REQUIREMENTS • 01 10 00 – SUMMARY • 01 12 00 - PERMITS AND FEES • 01 20 00 - PRICE AND PAYMENT PROCEDURES • 01 23 00 - BID ALTERNATES, UNIT PRICES!& ALLOWANCES • 01 25 00 - SUBSTITUTION PROCEDURES • 01 26 00 - CONTRACT MODIFICATION PROCEDURES • 01 30 00 - ADMINISTRATIVE REQUIREMENTS • 01 32 15 - CONSTRUCTION PROGRESS SCHEDULE • 01 33 00 - SUBMITTALS • 01 40 00 - QUALITY REQUIREMENTS • 01 50 00 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS • 01 60 00 - PRODUCT REQUIREMENTS • 01 70 00 - EXECUTION AND CLOSEOUT REQUIREMENTS • 01 74 19 - CONSTRUCTION & DEMOLITION WASTE MANAGEMENT! REQUIREMENTS • 01 78 00 - CLOSEOUT SUBMITTALS TECHNICAL SPECIFICATIONS • DIVISION 20 – GENERAL MECHANICAL • DIVISION 21 – FIRE SUPPRESSION • DIVISION 22 – PLUMBING • DIVISION 26 – ELECTRICAL O APPENDIX A: LIMITED HAZARDOUS MATERIAL REPORT Revised: 04/08/2020 Page 1 of 4 CITY OF TACOMA FINANCE/PURCHASING DIVISION SPECIAL NOTICE TO BIDDERS Public works and improvement projects for the City of Tacoma are subject to Washington state law and Tacoma Municipal Code, including, but not limited to the following: I. STATE OF WASHINGTON A. RESPONSIBILITY CRITERIA – STATE OF WASHINGTON In order to be considered a responsible bidder the bidder must meet the following mandatory state responsibility criteria contained in RCW 39.04.350: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW and; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). 5. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW and must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. B. RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS: Effective March 30, 2012, RCW 39.04.380 imposes a reciprocal preference for resident contractors. Any bid received from a non-resident contractor from a state that provides an in- state percentage bidding preference is subject application of a comparable percentage disadvantage. A non-resident contractor from a state that provides an in-state percentage bidding preference means a contractor that: 1. Is from a state that provides a percentage bid preference to its resident contractors bidding on public works projects, and 2. Does not have a physical office located in Washington at the time of bidding on the City of Tacoma public works project. The state of residence for a non-resident contractor is the state in which the contractor was incorporated, or if not a corporation, the state in which the contractor’s business entity was formed. Revised: 04/08/2020 Page 2 of 4 The City of Tacoma will evaluate all non-resident contractors for an out of state bidder preference. If the state of the non-resident contractor provides an in state contractor preference, a comparable percentage disadvantage will be applied to the non-resident contractor’s bid prior to contract award. The responsive and lowest and best responsible bidder after application of any non-resident disadvantage will be awarded the contract. The reciprocal preference evaluation does not apply to public works procured pursuant to RCW 39.04.155, RCW 39.04.280, federally funded competitive solicitations where such agencies prohibit the application of bid preferences, or any other procurement exempt from competitive bidding. Bidders must provide the City of Tacoma with their state of incorporation or the state in which the business entity was formed and include whether the bidder has a physical office located in Washington. The bidder shall submit documentation demonstrating compliance with above criteria on the enclosed State Responsibility and Reciprocal Bidder Information form. C. SUBCONTRACTOR RESPONSIBILITY 1. The Contractor shall include the language of this subcontractor responsibility section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; c. If applicable, have: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW and; 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). Revised: 04/08/2020 Page 3 of 4 II. CITY OF TACOMA A. SUPPLEMENTAL RESPONSIBILITY CRITERIA – CITY OF TACOMA: In order to be considered a responsible bidder, the prospective bidder shall have all of the following qualifications set forth in Tacoma Municipal Code 1.06.262: 1. Adequate financial resources or the ability to secure such resources; 2. The necessary experience, stability, organization and technical qualifications to perform the proposed contract; 3. The ability to comply with the required performance schedule, taking into consideration all existing business commitments; 4. A satisfactory record of performance, integrity, judgment and skills; and 5. Be otherwise qualified and eligible to receive an award under applicable laws and regulations. a. Bidder Responsibility. Bidders shall not be in violation of 39.04.350 RCW Bidder Responsibility Criteria - Supplemental Criteria. In addition to the mandatory bidder responsibility criteria listed immediately above, the City may, in addition to price, consider any or all of the following criteria contained in Tacoma Municipal Code Chapter 1.06.262 in determining bidder responsibility: 1. The ability, capacity, experience, stability, technical qualifications and skill of the respondent to perform the contract; 2. Whether the respondent can perform the contract within the time specified, without delay or interference; 3. Integrity, reputation, character, judgment, experience, and efficiency of the respondents, including past compliance with the City’s Ethics Code; 4. Quality of performance of previous contracts; 5. Previous and existing compliance with laws and ordinances relating to contracts or services; 6. Sufficiency of the respondent’s financial resources; 7. Quality, availability, and adaptability of the supplies, purchased services or public works to the particular use required; 8. Ability of the respondent to provide future maintenance and service on a timely basis; 9. Payment terms and prompt pay discounts; 10. The number and scope of conditions attached to the submittal; 11. Compliance with all applicable City requirements, including but not limited to the City's Ethics Code and its Small Business Enterprise and Local Employment and Apprenticeship programs; 12. Other qualification criteria set forth in the specification or advertisement that the appropriate department or division head determines to be in the best interests of the City. The City may require bidders to furnish information, sworn or certified to be true, to demonstrate compliance with the City responsibility criteria set forth above. If the city manager or director of utilities is not satisfied with the sufficiency of the information provided, or if the prospective respondent does not substantially meet all responsibility requirements, any submittal from such respondent must be disregarded. Revised: 04/08/2020 Page 4 of 4 B. ADDITIONAL SUPPLEMENTAL CRITERIA – NOT APPLICABLE C. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division no later than 5:00 p.m. Pacific Time, three days prior to the submittal deadline. Please include the Specification No. and Title when submitting such requests. Requests must include justification for why certain criteria should be modified. Requests received after this date and time will not be considered. Requests for modifications to the supplemental criteria may be submitted via postal mail or delivered personally, or sent by e-mail, within the above timeline as follows: By Carrier: City of Tacoma Procurement & Payables Division Tacoma Public Utilities 3628 S 35th Street Tacoma, WA 98409 In Person: City of Tacoma Procurement & Payables Division Tacoma Public Utilities Administration Building North – Guard House (east side of main building) 3628 S 35th Street Tacoma, WA 98409 By Mail: City of Tacoma Procurement & Payables Division Tacoma Public Utilities PO Box 11007 Tacoma, WA 98411-0007 E-mail: bids@cityoftacoma.org The City will respond to a timely submitted request prior to the bid opening date. Changes to the supplemental criteria, if warranted, will be issued by addendum to the solicitation documents and posted to the City’s website for the attention of all prospective bidders. D. DETERMINATION OF BIDDER RESPONSIBILITY If the City determines the bidder does not meet the criteria above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees, the bidder may appeal the determination in a manner consistent with the City’s Protest Policy. Appeals are coordinated by the Purchasing Division heard by the Procurement and Payables Division manager for contracts less than or equal to $500,000 and by Contracts and Awards Board for contracts greater than $500,000. mailto:bids@cityoftacoma.org BID PERIOD FORMS The following forms shall be used during the bidding process to request clarifications and request substitutions. These forms are not required to be submitted with the Bid. • Bidder Question Form • Substitution Request Form BIDDER QUESTION FORM Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F Prospective bidders must submit questions or clarifications in writing on this form allowing time for a written reply to reach all prospective bidders before the submission of the bids. Bidder questions shall be submitted on this form via e-mail to: Doreen Klaaskate, Senior Buyer. E-mail address: dklaaskate@cityoftacoma.org All e-mails must be received by Noon on Thursday, October 22, 2020. Where changes in the project documents are required, an addendum will be issued to everyone on the plan holder’s list and posted on www.tacomapurchasing.org. I have the following question(s): Submitted by: Name Representing Address Fax Number Phone Number http://www.tacomapurchasing.org/ Page 1 SUBSTITUTION REQUEST FORM Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F Prospective bidders may request substitutions in writing on this form. Substitutions shall be submitted on this form via e-mail to: Doreen Klaaskate, Senior Buyer. E-mail address: dklaaskate@cityoftacoma.org All e-mails must be received by Noon on Thursday, October 22, 2020. Where changes in the project documents are required, an addendum will be issued to everyone on the plan holder’s list and posted on www.tacomapurchasing.org. http://www.tacomapurchasing.org/ Page 2 SUBSTITUTION REQUEST FORM Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F PROPOSAL FORMS The following forms must be completed in their entirety and submitted with the bid. Bidders must use the forms provided. Do not modify or substitute forms. Failure to complete and submit all the forms in this section may result in the bid being declared unresponsive and rejected. 1. BID PROPOSAL AND SIGNATURE PAGE 2. BID BOND 3. EQUITY IN CONTRACTING UTILIZATION FORM 4. STATE RESPONSIBILITY FORM 5. GENERAL CONTRACTOR QUALIFICATION SUBMITTAL 6. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES FORM Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F B I D P R O P O S A L Page 1 of 4 BID PROPOSAL FORM & SIGNATURE PAGE City of Tacoma Department of Public Works Facilities Management Name of Firm: ____________________________________________________________ (Write in company name) In compliance with the contract documents, the following bid proposal is submitted: BASE BID: Lump sum base bid is inclusive of the Scope of Work described in the Contract Documents. BASE BID: $___________________ ALLOWANCE # 1: $_________ $10,000.00 SUBTOTAL: $___________________ WA STATE SALES TAX @ 10.2%: $___________________ GRAND TOTAL: $___________________ BID ALTERNATES: (do not include Washington State Sales Tax) The undersigned proposes to modify the contract requirements and scope of work as defined in the Contract Documents and as described in the Project Manual, for the following amounts to be added to the Base Bid. The Owner reserves the right to accept or reject any or alternates within (90) days of the bid date. Additive Alternate No. AA-1, ROOFTOP BACKFLOW PREVENTER $___________________ Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F B I D P R O P O S A L Page 2 of 4 BID PROPOSAL FORM & SIGNATURE PAGE UNIT PRICES: (Not used) INTENT AND AFFIDAVIT OF WAGES PAID: In compliance with Chapter 296-127 WAC the Contractor shall pay all fees associated with the Intent and Affidavit of Wages Paid to the Department of Labor and Industries. These costs shall be included in the base bid. CITY OF TACOMA PROGRAMS: The City of Tacoma’s Equity in Contracting (EIC) Program will be utilized on this project. The City has established a Minority Business Enterprise Utilization Requirement of 6%, Women Business Enterprise Requirement 4% and a Small Business Enterprise Utilization Requirement of 8% TIME FOR COMPLETION: The undersigned hereby agrees to substantially complete all the work under the Base Bid (and accepted alternates and/or unit prices) within 370 calendar days after the Notice to Proceed. LIQUIDATED DAMAGES: The undersigned agrees to pay the Owner as liquidated damages the sum of $500 for each consecutive calendar day beyond the SUBSTANTIAL COMPLETION date. Liquidated damages shall be deducted from the contract by change order. Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F B I D P R O P O S A L Page 3 of 4 BID PROPOSAL FORM & SIGNATURE PAGE SUSTAINABILITY: 1) Have you incorporated sustainability into your everyday business practices? Yes / No Please Describe: 2) Have you taken measures to minimize impacts to the environment in the delivery of proposed goods and services? Yes / No Please Describe: 3) Will you be incorporating and implementing sustainable practices during the construction of this project? Yes / No Please Describe: Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F B I D P R O P O S A L Page 4 of 4 BID PROPOSAL FORM & SIGNATURE PAGE SIGNATURE PAGE All submittals must be in ink or typewritten and must be executed by a duly authorized officer or representative of the bidding/proposing entity. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. Submittals will be received and time stamped only at the City of Tacoma Purchasing Division, located in the Tacoma Public Utilities Administration North Building, Main Floor, at 3628 South 35th Street, Tacoma, WA 98409. See the Request for Bids page near the beginning of the specification for additional details. The undersigned bidder/proposer hereby agrees to execute the proposed contract and furnish all materials, labor, tools, equipment and all other facilities and services in accordance with these specifications. The bidder/proposer agrees, by submitting a bid/proposal under these specifications, that in the event any litigation should arise concerning the submission of bids/proposals or the award of contract under this specification, Request for Bids, Request for Proposals or Request for Qualifications, the venue of such action or litigation shall be in the Superior Court of the State of Washington, in and for the County of Pierce. Non-Collusion Declaration The undersigned bidder/proposer hereby certifies under penalty of perjury that this bid/proposal is genuine and not a sham or collusive bid/proposal, or made in the interests or on behalf of any person or entity not herein named; and that said bidder/proposer has not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham bid/proposal or any person or entity to refrain from submitting a bid/proposal; and that said bidder/proposer has not, in any manner, sought by collusion to secure to itself an advantage over any other contractor(s) or person(s). Bidder/Proposer’s Registered Name Address City, State, Zip E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 Signature of Person Authorized to Enter Date into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor’s License Number (See Ch. 18.27, R.C.W.) Addendum acknowledgement #1_____ #2_____ #3_____ #4_____ #5_____ Form No. SPEC-090A Revised: 08/2004 Herewith find deposit in the form of a cashier’s check in the amount of $__________________ which amount is not less than 5-percent of the total bid. SIGN HERE__________________________________ BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ______________________________________________________________, as Principal, and ______________________________________________________________________, as Surety, are held and firmly bound unto the City of Tacoma, as Obligee, in the penal sum of __________________ _________________________________________________ dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS _______________ DAY OF __________________, 20______. PRINCIPAL: SURETY: __________________, 20______ Received return of deposit in the sum of $ _______________________________________________ ___________________________ CCD/SBE/FORMS revised February 2020 City of Tacoma Community & Economic Development Office of Equity in Contracting 747 Market Street, Rm 900 Tacoma WA 98402 253-591-5075 EQUITY IN CONTRACTING UTILIZATION FORM This form is to document only the EIC subcontractors or material suppliers that will be awarded a contract. This information will be used in calculating the EVALUATED BID. Additional forms may be used if needed.  Prime contractors are encouraged to solicit bids from EIC approved firms.  Be sure to include this form with your bid submittal in order to receive EIC credit.  It is the prime contractor’s responsibility to check the certification status of EIC subcontractors prior to the submittal deadline. Bidder’s Name: Address: City/State/Zip: Spec. No. _________________ Base Bid * $ Complete company names and phone numbers are required to verify your EIC usage. a. Company Name and Telephone Number b. MBE, WBE, or SBE (Write all that apply) c. NAICS code(s) d. Subcontractor Bid Amount (100%) e. Material Supplier Bid Amount (20%) f. Estimated MBE Usage Dollar Amount g. Estimated WBE Usage Dollar Amount h. Estimated SBE Usage Dollar Amount i. MBE Utilization % j. WBE Utilization % k. SBE Utilization % By signing and submitting this form the bidder certifies that the EIC firms listed will be used on this project including all applicable change orders. Type or Print Name of Responsible Officer / Title Signature of Responsible Officer Date CCD/SBE/FORMS revised February 2020 INSTRUCTIONS FOR COMPLETING EIC UTILIZATION FORM The purpose of these instructions is to assist bidders in properly completing the EIC Utilization Form. This form when submitted with your bid provides information to the City of Tacoma to accurately review and evaluate your proposed EIC usage. 1. * Base Bid is the prime contractor’s bid, plus any alternates, additives and deductive selected by the City. Also, please refer to Items #10-12 below. 2. Column “a” – List all EIC companies that you will be awarding a contract to if you are the successful bidder. 3. Column "b" – Identify if this firm is being utilized as an MBE, WBE, or SBE. (Firms may count towards multiple requirements) 4. Column "c" – List the appropriate NAICS code for the scope of work, services, or materials/supplies for each subcontractor. 5. Column “d” – The bid amount must be indicated for all listed EIC that you plan on doing business with. This quote is the price that you and the subcontractor have negotiated prior to bid opening. 6. Column “e” – The bid amount must be indicated for all listed EIC that you plan on doing business with. This quote is the price that you and the material supplier have negotiated prior to bid opening. 8. Column "f" – Estimated MBE Usage Dollar Amount: For all MBE firms used, multiply the amount in Column “d” by 1.0 plus the amount in Column “e” by 0.20. Insert the total amount in this column. 9. Column “g” – Estimated WBE Usage Dollar Amount: For all WBE firms used, multiply the amount in Column “d” by 1.0 plus the amount in Column “e” by 0.20. Insert the total amount in this column. 10. Column “h” – Estimated SBE Usage Dollar Amount: For all MBE, WBE, or SBE firms used, Multiply the amount in Column “d” by 1.0 plus the amount in Column “e” by 0.20. Insert the total amount in this column. 11. Block “i” – The percent of actual MBE utilization calculated on the Base Bid only. (Divide the sum of Estimated MBE Usage Dollar Amount (Column “f”) by your Base Bid (*) then multiply by 100 to get a percentage: $ amounts from column “f” divided by Base Bid (*) x 100 = EIC usage as a percent of the Base Bid.) 12. Block “j” – The percent of actual WBE utilization calculated on the Base Bid only. (Divide the sum of Estimated WBE Usage Dollar Amount (Column “g”) by your Base Bid (*) then multiply by 100 to get a percentage: $ amounts from column “g” divided by Base Bid (*) x 100 = EIC usage as a percent of the Base Bid.) CCD/SBE/FORMS revised February 2020 13. Block “k” – The percent of actual SBE utilization calculated on the Base Bid only. (Divide the sum of Estimated SBE Usage Dollar Amount (Column “h”) by your Base Bid (*) then multiply by 100 to get a percentage: $ amounts from column “h” divided by Base Bid (*) x 100 = EIC usage as a percent of the Base Bid.) It is the prime contractor’s responsibility to check the status of EIC subcontractors prior to bid opening. Call the EIC Office at 253- 591-5075 for additional information. Revised: 07/20/2007, 04/12/2012, 06/21/2019 Specification No. Name of Bidder: ________________________ State Responsibility and Reciprocal Bid Preference Information Certificate of registration as a contractor Number: (Must be in effect at the time of bid submittal): Effective Date: Expiration Date: Current Washington Unified Business Identifier Number: (UBI) Number: Do you have industrial insurance (workers’ compensation) ☐ Yes ☐ No Coverage nor your employees working in Washington? ☐ Not Applicable Washington Employment Security Department Number Number: ☐ Not Applicable Washington Department of Revenue state excise tax Number: Registration number: ☐ Not Applicable Have you been disqualified from bidding any public works contracts under RCW 39.06.010 or 39.12.065(3)? Do you have a physical office located in the state of Washington? If incorporated, in what state were you incorporated? If not incorporated, in what state was your business entity formed? Have you completed the training required by RCW 39.04.350, or are you on the list of exempt businesses maintained by the Department of Labor and Industries? ☐ Yes ☐ No If yes, provide an explanation of your disqualification on a separate page. ☐ Yes ☐ No State: ☐ Not Incorporated State: ☐ Yes ☐ No Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F GENERAL CONTRACTOR/FIRE PROTECTION QUALIFICATIONS SUBMITTAL Page 1 This form shall be completed in its entirety, submitted with the bid, and shall be used to demonstrate the General Contractor’s minimum experience. Failure to submit this form may be grounds for bid rejection. The City shall be the sole judge in determining if the prospective Contractor meets the bidder minimum experience requirements. The City reserves the right to take whatever action it deems necessary to ascertain the ability of the bidder to perform the work satisfactorily. Qualification of General Contractor: General Contractor shall have a minimum of five (5) projects, of similar size and scope within the last five (5) years, demonstrating an ability to meet the contract schedule and requirements. General Contractor shall meet all Local and State Certifications and License requirements prior to bidding. Copies of the required Certificates and Licenses shall be made available upon request. Fire Protection Contractor shall have a minimum of five (5) projects, of similar size and scope within the last five (5) years, demonstrating an ability to meet the contract schedule and requirements. Fire Protection Contractor shall meet all Local and State Certifications and License requirements prior to bidding. Copies of the required Certificates and Licenses shall be made available upon request. Name: Address: Contact Person: Phone: Project Experience: Project No. 1 Name: Project Owner: Owner Contact / Phone No.: Date Work Completed: Description of Work: Project No. 2 Name: Project Owner: Owner Contact / Phone No.: Date Work Completed: Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F GENERAL CONTRACTOR/FIRE PROTECTION QUALIFICATIONS SUBMITTAL Page 2 Description of Work: Project No. 3 Name: Project Owner: Owner Contact / Phone No.: Date Work Completed: Description of Work: Project No. 4 Name: Owner Contact / Phone No.: Contact Person: Date Work Completed: Description of Work: Project No. 5 Name: Owner Contact / Phone No.: Contact Person: Date Work Completed: Description of Work: Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F GENERAL CONTRACTOR/FIRE PROTECTION QUALIFICATIONS SUBMITTAL Page 3 Project Experience: Project No. 1 Name: Project Owner: Owner Contact / Phone No.: Date Work Completed: Description of Work: Project No. 2 Name: Project Owner: Owner Contact / Phone No.: Date Work Completed: Description of Work: Project No. 3 Name: Project Owner: Owner Contact / Phone No.: Date Work Completed: Description of Work: Fire Pump, Domestic Water & Automatic Transfer Switch Projects SPECIFICATION NO.: PW20-0061F GENERAL CONTRACTOR/FIRE PROTECTION QUALIFICATIONS SUBMITTAL Page 4 Project No. 4 Name: Owner Contact / Phone No.: Contact Person: Date Work Completed: Description of Work: Project No. 5 Name: Owner Contact / Phone No.: Contact Person: Date Work Completed: Description of Work: City of Tacoma Certification of Compliance with Wage Payment Statutes 09/20/2018 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, October 5, 2020, that the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Bidder  Signature of Authorized Official*  Printed Name   Title   Date  City  State  Check One: Individual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, the state where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. CONTRACT FORMS (POST AWARD) 1. CONTRACT 2. INSURANCE CERTIFICATE REQUIREMENTS 3. PERFORMANCE BOND TO THE CITY OF TACOMA 4. PAYMENT BOND TO THE CITY OF TACOMA 5. BOND IN LIEU OF RETAINAGE (OPTIONAL) 6. ESCROW IN LIEU OF RETAINAGE (OPTIONAL) 7. GENERAL RELEASE TO THE CITY OF TACOMA Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 06/21/2019 Page 1 of 2 CONTRACT ___________________ Resolution No. Contract No. This Contract is made and entered into effective this day of ,20 , (“Effective Date”) by and between the City of Tacoma, a Municipal Corporation of the State of Washington (“City”), and legal name of Supplier including type of business entity (“Contractor”). That in consideration of the mutual promises and obligations hereinafter set forth the Parties hereto agree as follows: I. Contractor shall fully execute and diligently and completely perform all work and provide all services and deliverables described herein and in the items listed below each of which are fully incorporated herein and which collectively are referred to as “Contract Documents”: 1. Specification No. Enter Spec Number and Enter Spec Title together with all authorized addenda. 2. Contractor’s submittal (or specifically described portions thereof) dated Enter Submittal Date submitted in response to Specification No. Enter Spec Number and Enter Spec Title. 3. Describe with specific detail and list separately any other documents that will make up the contract (fee schedule, work schedule, authorized personnel, etc.) or any other additional items mutually intended to be binding upon the parties. Delete this highlighted sentence, paragraph II and sub-bullets #1 and #2 if there are no additional attachments to the contract (attachments would be things other than a specific, contract, or bonds). II. In the event of a conflict or inconsistency between the terms and conditions contained in this document entitled Contract and any terms and conditions contained the above referenced Contract Documents the following order of precedence applies with the first listed item being the most controlling and the last listed item the least controlling: 1. Contract 2. List remaining Contract Documents in applicable controlling order. III. The Contract terminates on xxxxx. {May remove if not applicable] IV. The total price to be paid by City for Contracts full and complete performance hereunder may not exceed: $ , plus any applicable taxes. V. Contractor agrees to accept as full payment hereunder the amounts specified herein and in Contract Documents, and the City agrees to make payments at the times and in the manner and upon the terms and conditions specified. Except as may be otherwise provided herein or in Contract Documents Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work and providing the services and deliverables required by this Contract. VI. The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card (aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House (ACH), then check or other cash equivalent. CONTRACTOR may be required to have the capability of accepting the City’s ePayables or credit card methods of payment. The City of Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or credit card is used. The City, in its sole discretion, will determine the method of payment for this Contract. VII. Failure by City to identify a deficiency in the insurance documentation provided by Contractor or failure of City to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. VIII. Contractor acknowledges, and by signing this Contract agrees, that the Indemnification provisions set forth in the controlling Contract Documents, including the Industrial Insurance immunity waiver (if applicable), are totally and fully part of this Contract and, within the context of the competitive bidding laws, have been mutually negotiated by the Parties hereto. Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 06/21/2019 Page 2 of 2 IX. Contractor and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the requirements contained herein and in Contract Documents. X. It is further provided that no liability shall attach to City by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the Parties hereto have accepted and executed, as of the Effective Date stated above, which shall be Effective Date for bonding purposes as applicable. CITY OF TACOMA: CONTRACTOR: By: By: (City of Tacoma use only - blank lines are intentional) Director of Finance: ______________________________________________________________ City Attorney (approved as to form): _________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PW20-0061F Template Revised 8/22/2019 Page 1 of 4 The Contractor (Contractor) shall maintain at least the minimum insurance set forth below. By requiring such minimum insurance, the City of Tacoma shall not be deemed or construed to have assessed the risk that may be applicable to Contractor under this Contract. Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) of every tier performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements applicable to Contractor and Contractor’s Subcontractor(s): 1.1. City of Tacoma reserves the right to approve or reject the insurance provided based upon the insurer, terms and coverage, the Certificate of Insurance, and/or endorsements. 1.2. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by City of Tacoma. 1.3. Contractor shall keep this insurance in force during the entire term of the Contract and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.4. Insurance policies required under this Contract that name “City of Tacoma” as Additional Insured shall: 1.4.1. Be considered primary and non-contributory for all claims. 1.4.2. Contain a “Separation of Insured provision and a “Waiver of Subrogation” clause in favor of City of Tacoma. 1.5. Section 1.4 above does not apply to contracts for purchasing supplies only. 1.6. Verification of coverage shall include: 1.6.1. An ACORD certificate or equivalent. 1.6.2. Copies of all endorsements naming the City of Tacoma as additional insured and showing the policy number. 1.6.3. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. 1.7. Liability insurance policies, with the exception of Professional Liability and Workers’ Compensation, shall name the City of Tacoma and its officers, elected officials, employees, agents, and authorized volunteers as additional insured. 1.7.1. No specific person or department should be identified as the additional insured. 1.7.2. All references on certificates of insurance and endorsements shall be listed as “City of Tacoma”. 1.7.3. The City of Tacoma shall be additional insured for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PW20-0061F Template Revised 8/22/2019 Page 2 of 4 37 04 13 or the equivalent for the full available limits of liability maintained by the Contractor irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract and irrespective of whether the Certificate of Insurance describes limits lower than those maintained by the Contractor. 1.8. Contractor shall provide a Certificate of Insurance for each policy of insurance meeting the requirements set forth herein when Contractor provides the signed Contract for the work to City of Tacoma. Contractor shall provide copies of any applicable Additional Insured, Waiver of Subrogation, and Primary and Non-contributory endorsements. Contract or Permit number and the City Department must be shown on the Certificate of Insurance. 1.9. Insurance limits shown below may be written with an excess policy that follows the form of an underlying primary liability policy or an excess policy providing the required limit. 1.10. Liability insurance policies shall be written on an “occurrence” form, except for Professional Liability/Errors and Omissions, Pollution Liability, and Cyber/Privacy and Security 1.11. If coverage is approved and purchased on a “Claims-Made” basis, Contractor warrants continuation of coverage, either through policy renewals or by the purchase of an extended reporting period endorsement as set forth below. 1.12. The insurance must be written by companies licensed or authorized in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best's Key Rating Guide www.ambest.com. 1.13. Contractor shall provide City of Tacoma notice of any cancellation or non-renewal of this required insurance within Thirty (30) calendar days. 1.14. Contractor shall not allow any insurance to be cancelled or lapse during any term of this Contract, otherwise it shall constitute a material breach of the Contract, upon which City of Tacoma may, after giving Five (5) business day notice to Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith; with any sums so expended to be repaid to City of Tacoma by Contractor upon demand, or at the sole discretion of City of Tacoma, offset against funds due Contractor from City of Tacoma. 1.15. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.16. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services has changed. http://www.ambest.com/ CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PW20-0061F Template Revised 8/22/2019 Page 3 of 4 1.17. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made by City of Tacoma to Contractor. 1.18. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.19. Failure by City of Tacoma to identify a deficiency in the insurance documentation provided by Contractor or failure of City of Tacoma to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.20. If Contractor is a State of Washington or local government and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. 1.21. As used herein, "Contractor" shall be the Supplier(s) entering a Contract with City of Tacoma, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise. 2. SUBCONTRACTORS It is Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage. Contractor shall provide evidence of such insurance upon City of Tacoma’s request. 3. REQUIRED INSURANCE AND LIMITS The insurance policies shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve Contractor from liability in excess of such limits. 3.1 Commercial General Liability Insurance Contractor shall maintain Commercial General Liability Insurance policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. The Commercial General Liability Insurance policy shall be written on an Insurance Services Office form CG 00 01 04 13 or its equivalent. Products and Completed Operations shall be maintained for a period of three years following Substantial Completion of the Work related to performing construction services. This policy shall include product liability especially when a Contract solely is for purchasing supplies. The Commercial General Liability policy shall be endorsed to include: 3.1.1 A per project aggregate policy limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. 3.1.2 Contractual Liability-Railroad using ISO form CG 24 17 10 01 or equivalent if Contractor is performing work within Fifty (50) feet of a City of Tacoma railroad right of way. CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PW20-0061F Template Revised 8/22/2019 Page 4 of 4 3.2 Commercial (Business) Automobile Liability Insurance Contractor shall maintain Commercial Automobile Liability policy with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage and bodily injury and property damage coverage for owned (if any), non-owned, hired, or leased vehicles. Commercial Automobile Liability Insurance shall be written using ISO form CA 00 01 or equivalent. Contractor must also maintain an MCS 90 endorsement or equivalent and a CA 99 48 endorsement or equivalent if “Pollutants” are to be transported. 3.3 Workers' Compensation 3.3.1 Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. The Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 3.4 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 3.5 Professional Liability Insurance or Errors and Omissions Contractor and/or its subcontractor shall maintain Professional Liability or Errors and Omissions with limits of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate covering acts, errors and omissions arising out of the professional services under this Contract. If the policy limit includes the payment of claims or defense costs, from the policy limit, the per claim limit shall be Two Million Dollars ($2,000,000). If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability policy shall include Pollution Liability coverage. If provided on a “claims-made” basis, such coverage shall be maintained by policy renewals or an extended reporting period endorsement for not less than three years following the end of the Contract. 3.6 Excess or Umbrella Liability Insurance Contractor shall provide Excess or Umbrella Liability Insurance with limits not less than Five Million Dollars ($5,000,000) per occurrence and in the aggregate. This coverage shall apply, at a minimum, in excess of primary underlying Commercial General Liability, Employer’s Liability, Pollution Liability, Marine General Liability, Protection and Indemnity, and Automobile Liability if required herein. 3.7 Installation Floater Insurance Contractor shall maintain during the term of the Contract, at its own expense, Installation Floater Insurance covering Contractor's labor, materials, and equipment to be used for completion of the work performed under this Contract against all risks of direct physical loss, excluding earthquake and flood, for an amount equal to the full amount of the Contract improvements. 3.8 Other Insurance Other insurance may be deemed appropriate to cover risks and exposures related to the scope of work or changes to the scope of work required by City of Tacoma. The costs of such necessary and appropriate Insurance coverage shall be borne by Contractor. Form No. SPEC-100A 10/05/2018 Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory performance bond shall become null and void, if and when the principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal’s obligations under the Contract and fulfill al l terms and conditions of all duly authorized modifications, additions and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increase. If the City shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgement, shall pay all costs and attorney’s fees incurred by the City in enforcement of its rights hereunder. Venue for any action arising out of in in connection with this bond shall be in Pierce County, Washington. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. One original bond shall be executed, and signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Approved as to form: Principal: Enter Vendor Legal Name Deputy City Attorney By: Surety: By: Agent’s Name: Agent’s Address: PERFORMANCE BOND TO THE CITY OF TACOMA S am pl e Form No. SPEC-100B 10/05/2018 Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of, $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW 39.08, 39.12, and 60.28, including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract shall in any way affect its obligation on this bond, and waivers notice of any changes, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. No suit or action shall be commenced hereunder by any claimant unless claimant shall have given the written notices to the City, and where required, the Contractor, in accordance with RCW 39.08.030. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of claims which may be properly filed in accordance with RCW 39.08 whether or not suit is commenced under and against this bond. If any claimant shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgment and attorney fees as provided by RCW 39.08.030, shall also pay such costs and attorney fees as may be incurred by the City as a result of such suit. Venue for any action arising out of or in connection with this bond shall be in Pierce County, WA. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. PAYMENT BOND TO THE CITY OF TACOMA S am pl e Form No. SPEC-100B 10/05/2018 Resolution No. Bond No. Specification No. Contract No. One original bond shall be executed, and be signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Approved as to form: Principal: Enter Vendor Legal Name Deputy City Attorney By: Surety: By: Agent’s Name: Agent’s Address: S am pl e Form No. SPEC-110A – Bond in Lieu of Retainage 06-01-16 BOND IN LIEU OF RETAINAGE TO THE CITY OF TACOMA Bond No.__________________________ That we __________________________________, as PRINCIPAL, and ____________________________________, a corporation organized and existing under the laws of the State of _________________________________________ and registered to transact business as a surety in the State of Washington, as SURETY, are by these presents held and firmly bound unto the City of Tacoma, a political subdivision of the State of Washington (“OBLIGEE”), and are similarly held and bound unto the beneficiaries of the trust fund created by Chapter 60.28, RCW, in the sum of _______________________________________, ($______________) lawful money of the United States of America plus five percent (5%) of any increase in the contract amount that may occur due to change order or other increases in the quantities of materials and/or work, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally hereunder. WHEREAS, the Principal and the Obligee have entered into and executed a certain contract for: ________________________________________________________ (Contract No.__________________________), dated___________________________, 20______. The Contract requires the City of Tacoma to withhold from the Principal, pursuant to Chapter 60.28, RCW the sum not to exceed five percent (5%) from monies earned by said Principal during the execution and performance of work thereunder, hereinafter referred to as earned retained funds; and The Principal has requested that the City of Tacoma not withhold any such future earned retained funds and accept this Bond in lieu thereof as allowed under the provisions of Chapter 60.28, RCW. The Condition of this Obligation is such that if the Principal shall use and apply the earned retained funds released pursuant hereto for the trust and purposes set forth in Chapter 60.28, RCW, and shall further indemnify and save the Obligee harmless from and against all losses, damages, claims, suits, demands, causes, charges and expenses to which the Obligee may be subject or in any way made liable by reason of or in consequence of having made contract payments to Principal without having first reserved, withheld, or retained earned funds therefrom, then the Obligations of Surety hereunder shall be released in accordance with Chapter 60.28, RCW; otherwise, this Bond shall remain in full force and effect. PROVIDED, HOWEVER, it is expressly understood and agreed that: 1. Any suit or action under this Bond must be instituted within the time period provided by applicable law, but in no event more than two (2) years from the date final payment under the Contract falls due; 2. The Surety hereby consents to and waives notice of any extension in the time for performance of the Contract, assignment of obligations under the Contract, or Contract alteration, termination, amendment or change order; 3. Until written release of this obligation by the Obligee, this Bond may not be terminated or cancelled by the Principal or Surety for any reason; and 4. The laws of the State of Washington shall govern the determination of the rights and obligations of the parties hereunder and Venue for any dispute or claim hereunder shall be in Pierce County, Washington. 5. No final payment by City to Contractor under the Contract shall serve as a release of the obligations of the Surety hereunder or create any defense to contract performance by the Contractor and/or Surety. Signed and Sealed this __________ day of ____________________, 20_______. Approved as to form: Principal: Vendor Legal Name Deputy City Attorney By: Surety: By: Agent’s Name: Agent’s Address: EscrowAgreement.dot 06/01/16 Escrow No. ________________________ City of Tacoma Select or enter department Division - Section Project ____________________________ Specification No. ____________________ Contract No. _______________________ Escrow Agreement TO: _____________________________ _____________________________ _____________________________ The undersigned, herein referred to as the “Contractor,” has directed the City of Tacoma, Select or enter department, hereinafter referred to as the “City,” to deliver to __________________________________________ [Name of Bank/Financial Institution] (“You” or “Your”) its warrants which shall be payable to You and the Contractor jointly. Such warrants are to be held and disposed of by You in accordance with the following instructions and upon the terms and conditions hereinafter set forth, as provided in Chapter 60.28, RCW, including but limited to RCW 60.28.011(4)(c). INSTRUCTIONS 1. Warrants or checks made payable to You and the Contractor jointly upon delivery to You shall be endorsed by You and forwarded for collection. The monies will then be used by You to purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor but limited to those securities listed in Exhibit A to this Agreement. Purchase of such bonds or other securities shall be in a form which shall allow You alone to readily reconvert such bonds or other securities into money if You are required to do so by the City as provided in paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by You pursuant to this Agreement accrues and is paid, You shall collect such interest and forward it to the Contractor at its address designated below unless otherwise directed by the Contractor. 3. You are not authorized to deliver to the Contractor all or any part of the securities held by You pursuant to this Agreement (or any monies derived from the sale of such securities, or the negotiation of the City’s warrants) except in accordance with written instructions from the City. Compliance with such instructions shall relieve You of any further liability related thereto. 4. In the event the City further instructs You to do so in writing, You shall, within seven (7) days of receipt of such written instruction, reconvert into money the securities held by You pursuant to this Agreement and return such money together with any other monies held by You hereunder, to the City. 5. The Contractor agrees to pay You as compensation for services hereunder as follows: Fees: ________________________________________________________________ ________________________________________________________________ Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with You pursuant to this Agreement until and unless the City directs the release to the Contractor of the securities and/or monies held hereunder whereupon You shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of Your fee as provided for hereinabove. In the event that You are made a party to any litigation EscrowAgreement.dot 06/01/16 with respect to the property held by You hereunder, or in the event that the conditions of this Escrow are not promptly fulfilled, or that You are required to render any service not provided for in these instructions or that there is any assignment of the interests of this Escrow or any modification hereof, You shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This Agreement shall not be binding until executed by the Contractor and the City and accepted by You. 7. This instrument contains the entire agreement between You, the Contractor, and the City with respect to this Escrow and You are not a party to nor bound by any instrument or agreement between the City and Contractor other than this instrument. You shall not be required to take notice of any default or any other matter, nor be bound by nor required to give any notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by Your own negligence or willful misconduct. 8. The forgoing provisions shall be binding upon the assigns, successors, personal representatives, and heirs of the Parties hereto. The undersigned have read and hereby approve the instructions as given above governing the administration of this Escrow and do hereby execute this Agreement on this day of __________________, 20 . __________________________________________ CITY OF TACOMA Name of Contractor By ______________________________________ Approved as to form: Printed Name ______________________________ _______________________________ Deputy City Attorney Printed Title ________________________________ The above Escrow instructions received and ACCEPTED this day of ___________________, 20 . (Must be dated by Escrow Company.) ________________________________________ _____________________________ Print Name of Bank Bank Tax ID Number ________________________________________ _____________________________ Bank Address Bank Phone Number _____________________________ and _______________________________ Bank Account No. ABA No. By ____________________________________ Title ___________________________________ (Authorized Signature) Print Name _______________________________________________ EscrowAgreement.dot 06/01/16 Exhibit A Approved Escrow Securities 1. U.S. Treasury Obligations. Obligations in the form of bills, notes, bonds or certificates of indebtedness backed by the full faith and credit of the United States of America. The maximum maturity for investments in U.S. Treasury Obligations shall be limited to five years. 2. U.S. Agency Obligations. Obligations issued by or fully guaranteed as to principal and interest by Federal Agencies or United States government-sponsored enterprises (“Agencies”). Subordinate debt of any U.S. Agency is not authorized. The maximum maturity for investments in Agencies shall be limited to five years. 3. Municipal Bonds. Bonds of the State of Washington or any local government in the state of Washington, including bonds of the City of Tacoma, rated in one of the three highest ratings categories by Standard & Poor’s Corporation, Moody’s Ratings Corporation or Fitch Ratings Service. The maximum maturity for investments in municipal bonds shall be limited to five years. 4. Certificates of Deposit (CDs). Certificates of Deposit (CDs) issued by financial institutions qualified by the Washington Public Deposit Protection Commission. The maximum maturity for investments in CDs shall be limited to one year. GENERAL RELEASE TO THE CITY OF TACOMA The undersigned, named as the contractor for the __________________________________ between ____________________ and the City of Tacoma, Contract No. _______________ dated __________, 20__, hereby releases the City of Tacoma, its departmental officers and agents from any and all claim or claims whatsoever in any manner whatsoever at any time whatsoever arising out of and/or in connection with and/or relating to said contract, excepting only the equity of the undersigned in the amount now retained by the City of Tacoma under said contract, to- wit the sum of ___________________________________________ excluding sales tax. Signed at ___________, Washington this _______ day of , 20__. Contractor By Title STATE OF WASHINGTON ) ) ss COUNTY OF ___________ ) I, ___________________________, a Notary Public in and for the said State, do hereby certify that on this _____, day of ___________, 20_____, that _____________________, executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _____________________________________ Notary Public in and for the State of Washington My appointment expires _________________ WASHINGTON STATE PREVAILING WAGE RATES  STATE PREVAILING WAGE RATES FOR PIERCE COUNTY 02/27/2020 PREVAILING WAGE RATES This project requires prevailing wages under chapter 39.12 RCW. Any worker, laborer, or mechanic employed in the performance of any part of the work shall be paid not less than the applicable prevailing rate of wage. The project site is located in Pierce County. The effective date for prevailing wages on this project will be the submittal deadline with these exceptions: a. If the project is not awarded within six months of the submittal deadline, the award date is the effective date. b. If the project is not awarded pursuant to a competitive solicitation, the date the contract is executed is the effective date. c. Janitorial contracts follow WAC 296-127-023. Except for janitorial contracts, these rates shall apply for the duration of the contract unless otherwise noted in the solicitation. Look up prevailing rates of pay, benefits, and overtime codes from this link: https://secure.lni.wa.gov/wagelookup/ REQUIRED DOCUMENTS The Contractor shall submit to the City the following Department of Labor and Industries (L&I) forms for itself and for each firm covered under 39.12 RCW that provided work and materials for the Contract: 1. A copy of an approved Statement of Intent to Pay Prevailing Wages, L&I form number F700-029-000. The City will make no payment under this Contract for the Work performed until this statement has been approved by L&I and a copy of the approved form has been submitted to the City. 2. A copy of an approved Affidavit of Prevailing Wages Paid, L&I form number F700-007-000. The Contracting Agency will not grant completion or release retainage held under chapter 60.28 RCW until all approved Affidavit of Wages paid for Contractor and all Subcontractors have been received by the City. https://secure.lni.wa.gov/wagelookup/ http://apps.leg.wa.gov/RCW/default.aspx?cite=39.12 http://www.lni.wa.gov/formpub/Detail.asp?DocID=1918 http://www.lni.wa.gov/formpub/Detail.asp?DocID=1909 CITY PROGRAMS  EQUITY IN CONTRACTING – EIC REQUIREMENTS  EIC – TACOMA MUNICIPAL CODE  EIC – PROGRAM REGULATIONS  EIC – SPECIAL REMINDER  EIC – WAIVER REQUEST Document Updated 2.21.2020 EIC REQUIREMENT FORM EQUITY IN CONTRACTING REQUIREMENTS & PROCEDURES: All bidders must complete and submit with their bid the following solicitation form contained in the bid submittal package: City of Tacoma – EIC Utilization Form IMPORTANT NOTE: It is the bidder’s responsibility to insure that the EIC-eligible subcontractor(s) listed on the EIC Utilization Form are currently certified by the City of Tacoma or the State of Washington’s Office of Minority and Women Business Enterprises at the time of bid opening. This may be verified by contacting the EIC Office at 253-591-5075 between 8 AM and 5 PM, Monday through Friday. Please refer to the City of Tacoma EIC Provisions included elsewhere in these Special Provisions. Equity in Contracting Requirements Minority Business Enterprise Requirement Women Business Enterprise Requirement Small Business Enterprise Requirement 6% 4% 8% A list of EIC-eligible companies is available on the following web site addresses: www.cityoftacoma.org/sbe www.omwbe.diversitycompliance.com* MATERIAL MISSTATEMENTS CONCERNING COMPLETED ACTIONS BY THE BIDDER IN ANY SWORN STATEMENT OR FAILURE TO MEET COMMITMENTS AS INDICATED ON THE EIC UTILIZATION FORM MAY RENDER THE BIDDER IN DEFAULT OF CITY ORDINANCE 1.07 CCD/SBE: PW20-0061F Date of Record: 2.24.2020 *For the OMWBE list, be sure to only look for businesses in Pierce, King, Lewis, Mason, and Grays Harbor counties. http://www.cityoftacoma.org/sbe http://www.omwbe.diversitycompliance.com/ Tacoma Municipal Code City Clerk’s Office 1-55 (Revised 01/2020) CHAPTER 1.07 EQUITY IN CONTRACTING Sections: 1.07.010 Policy and purpose. 1.07.020 Definitions. 1.07.030 Discrimination prohibited. 1.07.040 Program administration. 1.07.050 Certification. 1.07.060 Program requirements. 1.07.070 Evaluation of submittals. 1.07.080 Contract compliance. 1.07.090 Program monitoring. 1.07.100 Enforcement. 1.07.110 Remedies. 1.07.120 Unlawful acts. 1.07.130 Severability. 1.07.140 Review of program. 1.07.010 Policy and purpose. It is the policy of the City of Tacoma that citizens be afforded an opportunity for full participation in our free enterprise system and that historically underutilized business enterprises shall have an equitable opportunity to participate in the performance of City contracts. The City finds that in its contracting for supplies, services and public works, there has been historical underutilization of small and minority-owned businesses located in certain geographically and economically disfavored locations and that this underutilization has had a deleterious impact on the economic well-being of the City. The purpose of this chapter is to remedy the effects of such underutilization through use of narrowly tailored contracting requirements to increase opportunities for historically underutilized businesses to participate in City contracts. It is the goal of this chapter to facilitate a substantial procurement, education, and mentorship program designed to promote equitable participation by historically underutilized businesses in the provision of supplies, services, and public works to the City. It is not the purpose of this chapter to provide any person or entity with any right, privilege, or claim, not shared by the public, generally, and this chapter shall not be construed to do so. This chapter is adopted in accordance with Chapter 35.22 RCW and RCW 49.60.400. (Ord. 28625 Ex. A; passed Nov. 5, 2019: Ord. 27867 Ex. A; passed Dec. 15, 2009) 1.07.020 Definitions. Terms used in this chapter shall have the following meanings unless defined elsewhere in the Tacoma Municipal Code (“TMC”), or unless the context in which they are used clearly indicates a different meaning. A. “Bid” means an offer submitted by a Respondent to furnish Supplies, Services, and/or Public Works in conformity with the Specifications and any other written terms and conditions included in a City request for such offer. B. “Bidder” means an entity or individual who submits a Bid, Proposal or Quote. See also “Respondent.” C. “City” means all Departments, Divisions and agencies of the City of Tacoma. D. “Contract” means any type of legally binding agreement regardless of form or title that governs the terms and conditions for procurement of Public Works and Improvements and/or Non-Public Works and Improvements Supplies and Services. Contracts include the terms and conditions found in Specifications, Bidder or Respondent Submittals, and purchase orders issued by the City. A “Contract” as used in this chapter shall include an agreement between the City and a non-profit entity to perform construction-related services for Public Works. A “Contract” does not include: (1) awards made by the City with federal/state grant or City general funds monies to a non-profit entity where the City offers assistance, guidance, or supervision on a project or program, and the recipient of the grant awards uses the grant moneys to provide services to the community; (2) sales transactions where the City sells its personal or real property; (3) a loan transaction where the City is acting as a debtor or a creditor; (4) lease, franchise; (5) agreements to use City real property (such as Licenses, Permits and Easements) and, (6) banking and other financial or investment services. E. “Contractor” means any Person that presents a Submittal to the City, enters into a Contract with the City, and/or performs all or any part of a Contract awarded by the City, for the provision of Public Works, or Non-Public Works and Improvements, Supplies or Services. Tacoma Municipal Code (Revised 01/2020) 1-56 City Clerk’s Office F. “Goals” means the annual level of participation by MWBEs and SBEs in City Contracts as established in this chapter, the Program Regulations, or as necessary to comply with applicable federal and state nondiscrimination laws and regulations. Goals for individual Contracts may be adjusted as provided for in this chapter and shall not be construed as a minimum for any particular Contract or for any particular geographical area. G. “MWBE Certified business” (or “MWBEs”) means a business that meets the criteria set forth in Section 1.07.050 of this chapter and has been certified as meeting that criteria by the Community and Economic Development Department Program Manager. H. “SBE Certified Business” (or “SBEs”) means a business that meets the criteria set forth in Section 1.07.050 of this chapter and has been certified as meeting that criteria by the Community and Economic Development Department-SBE Program Manager. I. “SBE Program Manager” means the individual appointed, from time to time, by the City’s Community and Economic Development Director to administer the Program Regulations. J. “Program Regulations” shall mean the written regulations and procedures adopted pursuant to this chapter for procurement of Supplies, Services and Public Works. K. “Non-Public Works and Improvements” means all competitively solicited procurement of Supplies and/or Services by the City not solicited as Public Works. L. “Person” means individuals, companies, corporations, partnerships, associations, cooperatives, any other legally recognized business entity, legal representative, trustee, or receivers. M. “Proposal” means a written offer to furnish Supplies or Services in response to a Request for Proposals. This term may be further defined in the Purchasing Policy Manual and/or in competitive solicitations issued by the City. N. “Public Works (or “Public Works and Improvements)” means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or that is by law a lien or charge on any property therein. This term includes all Supplies, materials, tools, and equipment to be furnished in accordance with the Contract for such work, construction, alteration, repair, or improvement. O. “Quote” means a competitively solicited written offer to furnish Supplies or Services by a method of procurement that is less formalized than a Bid or a Proposal. This term may be further defined in the Purchasing Policy Manual. P. “Respondent” means any entity or Person, other than a City employee, that provides a Submittal in response to a request for Bids, Request for Proposals, Request for Qualifications, request for quotes or other request for information, as such terms are defined in Section 1.06.251 TMC. This term includes any such entity or Person whether designated as a supplier, seller, vendor, proposer, Bidder, Contractor, consultant, merchant, or service provider that; (1) assumes a contractual responsibility to the City for provision of Supplies, Services, and/or Public Works; (2) is recognized by its industry as a provider of such Supplies, Services, and/or Public works; (3) has facilities similar to those commonly used by Persons engaged in the same or similar business; and/or (4) distributes, delivers, sells, or services a product or performs a Commercially Useful Function. Q. “Services” means non-Public Works and Improvements services and includes professional services, personal services, and purchased services, as such terms are defined in Section 1.06.251 TMC and/or the City’s Purchasing Policy Manual. R. “Submittal” means Bids, Proposals, Quotes, qualifications or other information submitted in response to requests for Bids, Requests for Proposals, Requests for Qualifications, requests for Quotations, or other City requests for information, as such terms are defined in Section 1.06.251 TMC. S. “Supplies” means materials, Supplies, and other products that are procured by the City through a competitive process for either Public Works procurement or Non-Public Works and Improvements procurement unless an approved waiver has been granted by the appropriate authority. T. “Tacoma Public Utilities Service Area” means any ZIP code in which Tacoma Public Utilities maintains infrastructure or provides retail services. (Ord. 28625 Ex. A; passed Nov. 5, 2019: Ord. 28274 Ex. A; passed Dec. 16, 2014: Ord. 28141 Ex. A; passed Mar. 26, 2013: Ord. 27867 Ex. A; passed Dec. 15, 2009) 1.07.030 Discrimination prohibited. A. No person that is engaged in the construction of public works for the City, engaged in the furnishing of laborers or craftspeople for public works of the City, or is engaged for compensation in the provision of non-public works and improvements supplies and/or services to the City, shall discriminate against any other person on the basis of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of Tacoma Municipal Code City Clerk’s Office 1-57 (Revised 01/2020) any sensory, mental or physical disability in employment. Such discrimination includes the unfair treatment or denial of normal privileges to a person as manifested in employment upgrades, demotions, transfers, layoffs, termination, rates of pay, recruitment of employees, or advertisement for employment. B. The violation of the terms of RCW 49.60 or Chapter 1.29 TMC by any person that is engaged in the construction of public works for the City, is engaged in the furnishing of laborers or craftspeople for public works of the City, or is engaged for compensation in the provision of non-public works and improvements supplies and/or services shall result in the rebuttable presumption that the terms of this chapter have also been violated. Such violation may result in termination of any City contract the violator may have with the City and/or the violator’s ineligibility for further City Contracts. (Ord. 27867 Ex. A; passed Dec. 15, 2009) 1.07.040 Program administration. A. The Community and Economic Development Director, or their designated Program Manager, shall be responsible for administering this chapter and obtaining compliance with respect to contracts entered into by the City and/or its contractors. It shall be the duty of the Director to pursue the objectives of this chapter by conference, conciliation, persuasion, investigation, or enforcement action, as may be necessary under the circumstances. The Director is authorized to implement an administrative and compliance program to meet these responsibilities and objectives. B. The Director is hereby authorized to adopt and to amend administrative rules and regulations known as the Program Regulations, to properly implement and administer the provisions of this chapter. The Program Regulations shall be in conformance with City of Tacoma policies and state and federal laws and be designed to encourage achievement of the MWBE and SBE goals set forth herein. The Program Regulations shall become effective following public notice and an opportunity to comment by the public. C. The Program Regulations adopted pursuant to this section are for the administrative and procedural guidance of the officers and employees of the City and are further expressions of the public policy of the City. The Program Regulations, when adopted, shall not confer an independent cause of action or claim for relief cognizable in the courts of the state of Washington or the United States of America to any third parties, and such provisions shall not be used as the basis for a lawsuit in any court of competent jurisdiction challenging the award of any contract by the City. (Ord. 28141 Ex. A; passed Mar. 26, 2013: Ord. 28110 Ex. B; passed Dec. 4, 2012: Ord. 27867 Ex. A; passed Dec. 15, 2009) 1.07.050 Certification. A. The Program Manager shall approve a business as a Certified Business if all of the following criteria are satisfied: 1. The business is certified as a SBE, MBE, WBE, or MWBE through the state of Washington’s Office of Minority & Women Business Enterprises; and 2. The company can demonstrate that it also meets at least one of the following additional requirements: a. The personal residence of the owner is located within the City of Tacoma or Tacoma Public Utilities Service Area, or b. The company’s business offices are located in any county of the Tacoma Public Utilities Service Area or any county adjacent to Pierce County, or c. When the work is performed outside of Pierce County, the company’s business offices may be located in an adjacent county in which the work is performed, or d. Such additional information as the Program Manager or designee may require. When another governmental entity has an equivalent business classification process, the City may enter into an interlocal cooperative agreement for mutual recognition of certifications. B. Appeals. The applicant may appeal any certification determination by the Program Manager under this chapter to the Director. The appeal must be made in writing and must set forth the specific reasons for the appeal. The Director shall make a decision on the appeal request within a reasonable time, which decision shall be final unless further appeal is made to the Hearing Examiner. In that event, the Hearing Examiner Rules of Procedure for Hearings, Chapter 1.23 TMC, shall be applicable to that appeal proceeding. (Ord. 28625 Ex. A; passed Nov. 5, 2019: Ord. 28274 Ex. A; passed Dec. 16, 2014: Ord. 28147 Ex. A; passed May 7, 2013: Ord. 28141 Ex. A; passed Mar. 26, 2013: Ord. 28110 Ex. B; passed Dec. 4, 2012: Ord. 27867 Ex. A; passed Dec. 15, 2009) Tacoma Municipal Code (Revised 01/2020) 1-58 City Clerk’s Office 1.07.060 Program requirements. A. The program shall meet the following requirements: 1. Establishment of Annual Goals. The Program Regulations adopted pursuant to this chapter shall state reasonably achievable cumulative annual goals for utilization of MWBEs and SBEs in the provision of supplies, services, and public works procured by the City. Cumulative annual goals for the participation of MWBEs and SBEs in City contracts shall be based on the number of qualified MWBEs and SBEs operating within the Tacoma Public Utilities Service Area. The dollar value of all contracts awarded by the City to MWBEs and SBEs in the procurement of supplies, services, and public works shall be counted toward the accomplishment of the applicable goal. 2. Application of Annual Goals to Contracts. The Program Manager shall consult with City departments/divisions to establish department/division specific goals for competitively solicited contracts in accordance with this chapter and the Program Regulations. B. Waivers. City departments/divisions or the Program Manager may request to waive one or more of the requirements of this chapter as they apply to a particular contract or contracts. Waivers may be granted in any one or more of the following circumstances: 1. Emergency: The supplies, services and/or public works must be provided with such immediacy that neither the City nor the contractor can comply with the requirements herein. Such emergency and waiver must be documented by the department/division awarding the contract. 2. Not Practicable: Compliance with the requirements of this chapter would impose an unwarranted economic burden or risk to the City after consideration of existing budgetary approvals. 3. Sole source: The supplies, services, and/or public works are available from only one source, and subcontracting possibilities do not reasonably exist as determined by the finance purchasing manager. 4. Government purchasing. The City is a party to or included in a federal, state or inter-local government purchasing agreement as approved by the finance purchasing manager. 5. Lack of certified contractors: An insufficient number of qualified contractors exist to create utilization opportunities. 6. Best interests of the City: Waiver of goals is in the best interests of the City due to unforeseen circumstances, provided that said circumstances are set forth in writing by the requestor. C. Review of Waivers. A waiver determination by the finance purchasing manager may be reviewed by the Board of Contracts and Awards (C&A Board). The C&A Board may also review a request to reduce or waive the utilization requirements based on Not Practicable or Best Interests of the City circumstances. The C&A Board shall determine whether compliance with such requirements would impose unwarranted economic burden on, or risk to, the City of Tacoma as compared with the degree to which the purposes and policies of this chapter would be furthered by requiring compliance. If the determination of the C&A Board does not resolve the matter, a final determination shall be made by the City Council or Public Utility Board, as the case may be. (Ord. 28625 Ex. A; passed Nov. 5, 2019: Ord. 28141 Ex. A; passed Mar. 26, 2013: Ord. 27867 Ex. A; passed Dec. 15, 2009) 1.07.070 Evaluation of submittals. A. All submittals for a supplies, services, or public works and improvements contracts shall be evaluated for attainment of the MWBE and SBE requirements established for that contract in accordance with this chapter and the Program Regulations. B. The determination of MWBE and SBE usage and the calculation of MWBE or SBE requirements per this section shall include the following considerations: 1. General. The dollar value of the contract awarded by the City to a MWBE or SBE in the procurement of supplies, services, or public works shall be counted toward achievement of the respective goal. 2. Supplies. A public works and improvements contractor may receive credit toward attainment of the MWBE and/or SBE requirement(s) for expenditures for supplies obtained from an MWBE or SBE; provided such MWBE or SBE assumes the actual and contractual responsibility for delivering the supplies with its resources. The contractor may also receive credit toward attainment of the MWBE or SBE goal for the amount of the commission paid to a MWBE or SBE resulting from a supplies contract with the City; provided the MWBE or SBE performs a commercially useful function in the process. 3. Services and Public Works subcontracts. Any bid by a certified MWBE and/or SBE or a bidder that utilizes a certified MWBE and/or SBE shall receive credit toward requirement attainment based on the percentage of MWBE and/or SBE usage demonstrated in the bid. A contractor that utilizes an MWBE and/or SBE subcontractor to provide services or public works Tacoma Municipal Code City Clerk’s Office 1-59 (Revised 01/2020) shall receive a credit toward the contractor’s attainment of the respective requirement based on the value of the subcontract with that firm. 4. Brokers, Fronts, or Similar Pass-Through Arrangements. MWBEs and/or SBEs acting as brokers, fronts, or similar pass- through arrangements (as such terms are defined in the Program Regulations) shall not count toward the requirement attainment unless the activity reflects normal industry practices and the broker performs a commercially useful function. C. Evaluation of competitively solicited submittals for public works and improvements and for services when a requirement has be