Disaster Debris Removal Service

ENVIRONMENTAL SERVICES REQUEST FOR PROPOSAL DISASTER DEBRIS REMOVAL SERVICES SPECIFICATION NO. ES21-0658F City of Tacoma Environmental Services/Science and Engineering Division REQUEST FOR PROPOSALS ES21-0658F Disaster Debris Removal Services Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, May 24, 2022 Submittals must be received by the City’s Procurement and Payables Division prior to 11:00 a.m. Pacific Time. For electronic submittals, the City of Tacoma will designate the time of receipt recorded by our email, bids@cityoftacoma.org, as the official time of receipt. This clock will be used as the official time of receipt of all parts of electronic bid submittals. 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. Bid Opening: Held virtually

each Tuesday at 11AM. Attend via this link or call 1 (253) 215 8782. Submittals in response to a RFP will be recorded as received. As soon as possible, after 1:00 PM, 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 pre-proposal meeting will not be held. Project Scope: The City of Tacoma Environmental Services Department seeks to establish a contract with a qualified contractors to provide on-call, as needed services to provide disaster debris management, removal and disposal/recycling services for the City following a significant debris generating event. Estimate: $10,000,000 - $12,000,000 Paid Sick Leave: The City of Tacoma requires all employers to provide paid sick leave as set forth in Title 18 of the Tacoma Municipal Code. For more information, visit our Minimum Employment Standards Paid Sick Leave webpage. 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 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. Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all mailto:bids@cityoftacoma.org mailto:bids@cityoftacoma.org https://us02web.zoom.us/j/83250498294 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 https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 mailto:ghimes@cityoftacoma.org bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration of award. Additional Information: Requests for information regarding the specifications may be obtained by contacting Dawn Dejarlais, Senior Buyer email to ddejarlais@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/ 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. 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; 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). 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. B. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division via email to bids@cityoftacoma.org 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. 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. C. 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 Table of Contents SUBMITTAL CHECK LIST ......................................................................................................... 9 1. BACKGROUND .................................................................................................................11 2. MINIMUM REQUIREMENTS .............................................................................................12 3. SUMMARY OF SCOPE OF SERVICES AND DELIVERABLES .........................................13 4. CONTRACT TERM ............................................................................................................13 5. CALENDAR OF EVENTS ..................................................................................................13 6. INQUIRIES ........................................................................................................................14 7. PRE-PROPOSAL MEETING..............................................................................................14 8. DISCLAIMER .....................................................................................................................14 9. EVALUATION CRITERIA ...................................................................................................14 10. INTERVIEWS / ORAL PRESENTATIONS ......................................................................15 11. RESPONSIVENESS ......................................................................................................15 12. CONTENT TO BE SUBMITTED ....................................................................................15 13. ACCEPTANCE / REJECTION OF SUBMITTALS ...........................................................18 14. ACCEPTANCE OF SUBMITTAL CONTENTS ................................................................19 15. CONTRACT OBLIGATION .............................................................................................19 16. GENERAL PROVISIONS ...............................................................................................19 17. INSURANCE REQUIREMENTS .....................................................................................19 18. PREVAILING WAGE INFORMATION ............................................................................19 19. PAID LEAVE ..................................................................................................................20 20. PERFORMANCE AND PAYMENT BOND ......................................................................20 21. PARTNERSHIPS ...........................................................................................................20 22. AWARD ..........................................................................................................................21 23. ENVIRONMENTALLY PREFERABLE PROCUREMENT ...............................................21 24. EQUITY IN CONTRACTING ..........................................................................................21 25. LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM ....................22 26. PROPRIETARY OR CONFIDENTIAL INFORMATION ...................................................22 27. ADDENDUMS ................................................................................................................22 28. SPECIFICATIONS AND SCOPE OF WORK ..................................................................22 APPENDIX A – PROPOSAL FORMS APPENDIX B – CONTRACT FORMS SUBMITTAL CHECK LIST This checklist identifies items to be included with your submittal. Any submittal received without these required items may be deemed non-responsive and not be considered for award. Submittals must be received by the City of Tacoma Purchasing Division by the date and time specified in the Request for Proposal page. The following items make up your submittal package: Electronic copy of your complete submittal package (with original and copies clearly identified) Signature Page (Appendix A) Letter of Surety (Appendix A) Certification of Compliance with Wage Payment Status (Appendix A) State Responsibility and Reciprocal Bid Preference Information (Appendix A) City of Tacoma - Equity in Contracting Inclusion Plan (Appendix A) Minimum Qualifications Form (Appendix A) Proposer Questionnaire Form (Appendix A) Cost Proposal Form (Appendix A) Content To Be Submitted – Section 12 (12.1 – 12.9) After award, the following documents will be executed: Contract Certificate of Insurance and related endorsements if required Performances and Payment Bond to the City of Tacoma State Prevailing Wage Rates and General Requirements City of Tacoma – Local Employment and Apprenticeship Training Program (LEAP) Regulations for Public Works Contracts 1. BACKGROUND The City of Tacoma Environmental Services Department (City) seeks to establish a contract with one or more qualified firm (herein after referred to as Contractor) to provide on-call, as needed services for debris removal as described in FEMA Public Assistance Program and Policy Guide (Version 4, effective date 6/1/2020), as such services would be needed to augment City resources for removal of disaster generated debris if the magnitude of the disaster is beyond the capabilities of the City’s forces, state resources, mutual aid agreements, volunteer labor and equipment. While the City intends to award one services contract from this RFP, the City reserves the right to make multiple or partial awards. The contract(s) will be utilized primarily by the Environmental Services Department but may be available to several departments or divisions of the City for disaster debris removal activities. All debris management related activities will be coordinated through Environmental Services Department (ESD), Solid Waste Management (SWM) Division. A representative from SWM will act as the Debris Manager (DM) and Deputy Debris Manager (DDM) during activation following a debris generating event. Any resulting contract is designated to maximize FEMA grant reimbursement but reimbursement is not guaranteed. The City expects to achieve the following outcomes from a contract(s) awarded pursuant to this RFP.  Access to skilled and qualified personnel who have a strong record and experience providing disaster debris management, removal and disposal services consistent with FEMA and all applicable State and Federal Disaster Specific Guidance(s), regulations, law and policies.  The lowest possible pricing with a fixed long-term price proposal over the life of the contract.  Immediate response to City’s needs during an emergency or disaster, with services available on a 24/7/365 basis. Immediate response will be established with the selected contractor(s) and included timelines in the Contract. For general guidelines refer to the Scope of Work Specifications in Section 274. Some of the definitions contained in this RFP shall have the meaning as set forth below: RFP: Request for Proposal FEMA: Federal Emergency Management Agency C&D: Construction and Demolition City ROW: Bounded by the City limits and includes City properties and right of ways, easements, City parks and City debris staging areas and may include private and orphan road segments within the jurisdictional boundaries of the City DM: Debris Manager HHW: Household Hazardous Waste TDSRS: Temporary Debris Storage and Reduction Sites EPA: U.S. Environmental Protection Agency USDA: U.S. Department of Agriculture ROE: Right of Entry Contractor(s): Successful Proposer(s) The City will also consider Proposals utilizing services provided by an Automated Debris Management System (ADMS) that meets FEMA’s documentation requirements and policies specific to FEMA 325 Public Assistance Debris Management Guide and FEMA 327 Public Assistance Debris Monitoring Guide. The section in the RFP for Automated Debris Management System reference the general requirements for any ADMS to be considered as part of the Proposal and for inclusion in the contract. The City anticipates awarding a Contract (Sample provided in Appendix B) for five (5) years. The Contract to be issued to the Contractor(s) will require written authorization from the City when work needs to be executed. The City, in entering into this Contract, does not guarantee that any services, nor any specific dollar amount of work, will be performed during the terms of this Contract. This is a contingency contract, only to be utilized in the event of a natural disaster which generates debris amounts beyond the City’s capabilities to manage and where a presidential declaration allowing FEMA reimbursement for expenditures under this contract has been issued. The City would cover up to $3,750,000 in expenditures from ES Solid Waste Cost Center 514510 Tacoma CARES during the interim period as the City waits on anticipated reimbursements from FEMA and State of Washington. To learn more about the City of Tacoma, visit www.cityoftacoma.org. 2. MINIMUM REQUIREMENTS In order to be eligible to submit a proposal in response to this RFP, responding firms must clearly demonstrate compliance with the following minimum qualifications and sign the form provided in Appendix A:  Contractor shall have a minimum of 2 years demonstrated successful experience of providing debris management, removal and disposal services for the City or County similar to the size of the City of Tacoma in response to a large scale debris generating event. Alternatively, a minimum of 2 years demonstrated successful experience of providing debris management, removal and disposal services under contract for non- public agency may be considered if such contract is similar in size and scope as contained herein; however, it will be the City’s sole determination if such experience meets the minimum requirements. http://www.cityoftacoma.org/  The Contractor shall not have been prohibited from doing business with any government entity for any reason in the past 10 years.  The Contractor must not be operating under Chapter 11 or any other financial restraints that would preclude their ability to complete work outlined in the Summary of Scope of Services and Deliverables. 3. SUMMARY OF SCOPE OF SERVICES AND DELIVERABLES The City is seeking the services of qualified Contractor to identify a specific scope of services for each disaster event in which the Contractor may be issued a notice to proceed or work order. The Scope of Work as outlined in Section 27 below are intended to provide the Contractor with a detailed understanding of the City’s specifications and the work associated with the following representative disaster debris removal and disposal services:  Collection, including clearance, labor, equipment and materials needed during the response  Reduction or Recycling  Hazardous waste handling, processing and disposal  Hauling to final disposition  Temporary Debris Storage and Reduction Sites (TDSRS) activities  Demolition 4. CONTRACT TERM The contract will be for a five-year period. The City reserves the right to cancel the contract for any reason, by written notice, as stipulated in the contract. 5. CALENDAR OF EVENTS This is a tentative schedule only and may be altered at the sole discretion of the City. Contract may be issued after City Council approval. The anticipated schedule of events concerning this RFP is as follows: Publish and issue RFP: 4/28/2022 Pre-Submittal Questions: 5/13/2022 Response to Questions: 5/17/2022 Submittal Due Date: 5/24/2022 Submittal Evaluated: 6/17/2022 Interviews/presentations, on or about: 7/11/2022 Award Recommendation: 6/24/2022 City Manager Approval: 9/6/2022 6. INQUIRIES Please submit questions concerning this solicitation to Dawn DeJarlais, Senior Buyer, via email to ddejarlais@cityoftacoma.org. 6.1 Questions marked confidential will not be answered or included. 6.2 The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. 6.3 The answers are not typically considered an addendum. 6.4 The City will not be responsible for unsuccessful submittal of questions. 6.5 Written answers to questions will be posted in the event approximately five days after the question deadline. 7. PRE-PROPOSAL MEETING No pre-proposal meeting will be held; however, questions and request for clarifications of the specifications may be submitted as stated in the inquiries section. 8. DISCLAIMER The City is not liable for any costs incurred by the Respondent for the preparation of materials or a submittal submitted in response to this RFP, for conducting any presentations to the City, or any other activities related to responding to this RFP, or to any subsequent requirements of the contract negotiation process. 9. EVALUATION CRITERIA A Selection Advisory Committee (SAC) will review and evaluate submittals. After the evaluation, the SAC may conduct interviews of the most qualified Respondents before final selection. An Initial Screening will be made to determine if Proposal meets the Minimum Qualification and Responsiveness’ as outlined in the RFP. Those Proposals found responsive will be sent to the SAC for further evaluation. The relative weight of each scoring criteria is indicated in the table below. Criteria Max Points Executive Summary 0 Operational Response + Proposer Questionnaire 60  Experience and Compliance with OHSA and FEMA 20  Debris Management Services 20  Response Procedures and Contingency Plan 20 Minimum Requirements 0 Form Requirements 0 Current Workload/Existing Contracts 0 Price Proposal 30 Sustainability 5 Equity in Contracting 5 Total 100 9.1 The SAC may select one or more respondent to provide the services required. 9.2 The City reserves the right to request documentation utilized by the firm in execution of similar contracts with other entities for the purposes of evaluating work product. 9.3 The SAC may use references to clarify information in the submittals and interviews, if conducted, which may affect the rating. The City reserves the right to contact references other than those included in the submittal. 9.4 A significant deficiency in any one criteria is grounds for rejection of the submittal as a whole. 10. INTERVIEWS / ORAL PRESENTATIONS An invitation to interview may be extended to Respondents based on SAC review of the written submittals. The SAC reserves the right to adjust scoring based on additional information and/or clarifications provided during interviews. The SAC may determine additional scoring criteria for the interviews following evaluation of written submittals. The City reserves all rights to begin contract negotiations without conducting interviews. Respondents must be available to interview within three business days notice. If interviews are conducted, the SAC will schedule the interviews with the contact person provided in the SOQs. Additional interview information will be provided at the time of invitation. At this time, it is anticipated that the main objective of the interview will be for the SAC to meet the project manager and key personnel that will have direct involvement with the project and hear about their relevant experience and expertise. The City does not intend to meet with firm officials unless they are to be directly involved with the project. Following interviews, responses will be rescored using the same criteria as above. 11. RESPONSIVENESS Respondents agree their submittal is valid until a contract(s) has been executed. All submittals will be reviewed by the City to determine compliance with the requirements and instructions specified in this RFP. The Respondent is specifically notified that failure to comply with any part of this RFP may result in rejection of the submittal as non-responsive. The City reserves the right, in its sole discretion, to waive irregularities deemed immaterial. The final selection, if any, will be that submittal which, after review of submissions and potential interviews, in the sole judgement of the City, best meets the requirements set forth in this RFP. 12. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. Proposals should be formatted as 8 1⁄2 inch by 11 inch. A “page” is defined as one single side of a document that has written text or graphics. The font should be Times New Roman or Arial with font size no smaller than 11 and margins shall be 0.75 inch or greater. Submittals should be limited to a maximum of 30 pages, double sided, or 40 pages total, excluding any required forms or resumes. All pages that exceed the specified page limit will not be part of the evaluation. Information that is confidential must be clearly marked and provide an index identifying the affected page number(s) and locations(s) of such identified materials. See General Provisions for complete information on confidential material. A full and complete response to each of the “CONTENT TO BE SUBMITTED” items is expected in a single location. Do not cross reference to another section in your submittal. Submittals that are incomplete or conditioned in any way that contain alternatives or items not called for in this RFP, or not in conformity with the law, may be rejected as being non-responsive. The City will not accept any submittal containing substantial deviations from the requirements as outlined in this RFP. Submittals should present information in a straightforward and concise manner, while ensuring complete and detailed descriptions of the respondent’s/team’s abilities to meet the requirement of this RFP. Emphasis will be on completeness of content. The written submittals should be prepared in the sequential order as outlined below. The City reserves the right to request clarification of any aspect of a firm’s submittal, or request additional information that might be required to properly evaluate the submittal. A firm’s failure to respond to such a request may result in rejection of the firm’s submittal. Firms are required to provide responses to any request clarification provided during the evaluation within two (2) business days of receipt. Requests for clarification or additional information shall be made at the sole discretion of the City. The City’s retention of this right shall no way diminish a Proposer’s responsibility to submit a submittal that is current, clear, complete and accurate. 12.1 Introduction – Executive Summary and Company Information – Informational Not to be Scored 12.1.1 Cover Letter – Provide information about the proposing Contractor and Contractor’s approach to this Contract. Specifically, utilize non-technical language that can be understood by all types of City officials. Include the following: A. Contractor’s name and business address, including telephone, email address and website address. B. Type of business entity (individual, partnership, corporation, etc.) and list of all the partners, principals, etc. C. Year established. Include former Contractor name(s) and year(s) established, if applicable. D. The name, title, address, email and telephone number of the Contractor’s primary contact for this Contract. The person identified must be empowered to make bonding commitments for the Contractor and its subcontractors, if any. 12.2 Operational Response – Maximum Allowable Points 60 (as indicated below) 12.2.1 Provide a general description of the Contractor’s experience with OSHA, FEMA and in the industry. Provide Contractor compliance information with OSHA and FEMA.as outlined in Version 4 of the Public Assistance Program and Policy. Provide references for Maximum Allowable Points 20. 12.2.2 Provide Debris Management Services offered to include bonding capacity, fleet sizes, safety record, and techniques used. Maximum Allowable Points 20. 12.2.4 Provide Emergency Response Procedures and Contingency Plan for proposed scope of work. Identify alternative recycling locations to maximize the opportunity to divert debris from the solid waste stream. Maximum Allowable Points 20. 12.3 Minimum Requirements – Not to be scored (Pass/Fail) 12.3.1 Provide information on exactly how you achieve the minimum requirements. NOTE: the determination that you have achieved all minimum requirements is made from the instructions included in Appendix A. The City Is not obligated to check references or search other material to make this decision. 12.4 Proposer Questionnaire – To be scored as part of Operational Response 12.4.1 Submit attached Proposer Questionnaire form in Appendix A with your proposal package. 12.5 Form Requirements – Not to be scored (Pass/Fail) 12.5.1 Signature Page 12.5.2 State Responsibility and Reciprocal Bid Preference Information Form – proposer shall complete this form in its entirety to ensure compliance with State Regulation SHB 2010. See Special Reminder to Bidders. 12.5.3 Additional Forms as required in Appendix A including Letter of Surety, Certification of Compliance with Wage Payment Status, and others as noted in the appendix. 12.6 Current Workload/Existing Contracts – Informational Not to be Scored 12.6.1 List all current contracts Contractor has in the continental United States, including name, location of agency, contract description, term and value. 12.7 Price Proposal (Hourly Rates and Fees) – Maximum Allowable Points 30 12.7.1 Submit the Cost Proposal Form found in Appendix A. 12.8 Sustainability – Maximum Allowable Points 5 12.8.1 Demonstrate your firm’s commitment to providing the services identified in the scope of a work in a sustainable manner, including but not limited to, the items referenced in Section 23 below. What measures will your firm take to minimize negative impacts to the environment in the delivery of services? Provide details of efforts, practices and/or processes. Also, include the company’s proposed draft Waste Management Plan for execution under the contract. 12.9 Equity in Contracting – Maximum Allowable Points 5 The City of Tacoma’s Equity in Contracting (EIC) program offers contracting of services to qualified Minority Business Enterprises (MBE), Women Business Enterprises (WBE) and Small Business Enterprises (SBE) interested in doing the work in the City. The goal of the EIC program is to facilitate a substantial procurement, education, and Equity in Contracting program to promote equitable participation by historically under-utilized businesses in the provisions of service to the City. The Proposer agrees to solicit and recruit to the maximum extent possible MBE, WBE and SBE for performance of work under this contract. To comply with EIC, the Proposer should include all qualified firms include all qualified EICs in solicitation lists for subcontracting opportunities and maintain records of their responses. The City of Tacoma has an equal opportunity provision where discrimination is prohibited under Tacoma Municipal Code TMC 1.07.030. Chapter 1.07 of the TMC included in RFP, Appendix A. The Proposer shall submit an Equity in Contracting Inclusion Plan including proposed actions/strategies to obtain EIC, project EIC bid opportunities and a commitment to good faith EIC efforts. Guidance Inclusion Plan is provided in Appendix A for reference in developing the plan. 13. ACCEPTANCE / REJECTION OF SUBMITTALS Respondents are advised that the City reserves the right to cancel award of this Contract at any time before execution of the Contract by both parties if cancellation is deemed to be in the City’s best interest. In submitting a Submittal, Respondents agree that the City is not liable for any costs or damages for the cancellation of an award. The Respondent assumes the sole risk and responsibility for all expenses connected with the preparation of this submittal. The City reserves the right and holds at its discretion the following rights and options:  To waive any or all informalities  To award one or more contracts  To not award a contract  To issue subsequent solicitation 14. ACCEPTANCE OF SUBMITTAL CONTENTS The Submittal contents of the successful Respondent will become contractual obligations if a contract ensues. 15. CONTRACT OBLIGATION The selected Respondent(s) will be expected to execute a contract with the City. 16. GENERAL PROVISIONS City of Tacoma General Provision will apply and are included in Appendix B. 17. INSURANCE REQUIREMENTS Successful proposer will provide proof and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements document applicable to the services, products, and deliverables provided under the RFP. The City of Tacoma Insurance Requirements document is fully incorporated into the RFP by reference. See Appendix B. 18. PREVAILING WAGE INFORMATION This contract will require 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: 1. If the project is not awarded within six months of the submittal deadline, the award date is the effective date. 2. If the project is not awarded pursuant to a competitive solicitation, the date the contract is executed is the effective date. 3. 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: http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of the applicable prevailing wage rates and Benefit Code Key are also available for viewing at the City of Tacoma Purchasing Division office, located at 3628 S 35th Street, Tacoma, WA. Contractor shall comply with Washington law regarding prevailing wages. Contractor shall pay and require any contractors and subcontractors to pay prevailing wages in accordance with the http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp provisions of 39.12 RCW, as amended, relating to prevailing wages and fringe benefits. These rules apply to any contractor doing business with the City, including owner/operators. Work conducted within Tacoma city limits. State of Washington prevailing wages or City of Tacoma minimum wage rates, whichever are higher, must be paid. If City of Tacoma minimum wage rates are higher than State of Washington prevailing wage rates, City of Tacoma rates must be paid. A Statement of Intent to Pay Prevailing Wages must be filed with the Washington Department of Labor & Industries upon award of contract. Affidavits of Wages Paid must be filed with the Washington Department of Labor & Industries upon job completion. Payments will not made by the City until certification of these filing are received. Additional information regarding these requirements can be obtained by contacting the Department of Labor & Industries, Prevailing Wage at 360-902-5335 or visiting their website at http://www.lni.wa.gov/TradesLicensing/PrevailingWage/default.asp. 19. PAID LEAVE Effective February 1, 2016, the City of Tacoma requires all employers to provide Paid Leave and Minimum Wage, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit http://www.cityoftacoma.org/employmentstandards. 20. PERFORMANCE AND PAYMENT BOND Before commencement of the contract, the successful Contractor must provide a Letter of Intent Regarding Performance and Payment Bonds from their Surety reflecting the Contractor’s ability to obtain surety bonds in an amount equal to the bid plus any applicable taxes in an amount up to $11,000,000. The Letter of Surety is included in Appendix B. In addition, the Contractor shall be able to cover expenses associated with a major recovery operation prior to the initial payment and between subsequent payments as well as the aforementioned bonds and insurance. The Performance and Payment Bond form is included in Appendix B. The Contractor mobilization costs will not be paid if the Contractor is unable to obtain bonding. 21. PARTNERSHIPS The City will allow firms to partner in order to respond to this RFP. Respondents may team under a Prime Respondent’s submittal in order to provide responses to all sections in a single submission; however, each Respondent’s participation must be clearly delineated by section. The Prime Respondent will be considered the responding vendor and the responsible party at contract award. All contract negotiations will be conducted only with the Prime Respondent. All contract payments will be made only to the Prime Respondent. Any agreements between the Prime Respondent and other companies will not be a part of the agreement between the City and the Prime Respondent. The City reserves the right to select more than one Prime Respondent. http://www.lni.wa.gov/TradesLicensing/PrevailingWage/default.asp http://www.cityoftacoma.org/employmentstandards 22. AWARD After the Respondent(s) is selected by the SAC and prior to award, all other Respondents will be notified via email by the Payment and Procurable Division. Once a finalist (or finalists) has been selected by the Selection Advisory Committee, contract negotiations with that finalist will begin, and if a contract is successfully negotiated, it will, if required, be submitted for final approval by the City Council. 23. ENVIRONMENTALLY PREFERABLE PROCUREMENT In accordance with the City’s Sustainable Procurement Policy, it is the policy of the City of Tacoma to encourage the use of products or services that help to minimize the environmental and human health impacts of City Operations. Respondents are encouraged to incorporate environmentally preferable products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, products, manufacturing, packaging, distribution reuse, operation, maintenance or disposal of the product or service. The City of Tacoma encourages the use of sustainability practices and desires any awarded contractor(s) to assist in efforts to address such factors when feasible for:  Reduction of pollutant releases  Toxicity of materials used  Waste generation  Greenhouse gas emissions, including transportation of materials and services  Recycle content  Comprehensive energy conservation measures  Waste manage reduction plans  Potential impact on human health and the environment 24. EQUITY IN CONTRACTING 24.1 The City of Tacoma is committed to encouraging firms certified through the Washington State Office of Minority and Women’s Business Enterprise to participate in City contracting opportunities. See the TMC 1.07 Equity in Contracting Policy at the City’s Equity in Contracting Program website. 24.2 In the execution of the work, the Contractor will be required to be in compliance with the goals as outlined in Appendix A and in accordance with their Outreach Plan provided in their proposal. Each body of work executed under this contract will need to meet the EIC program goals. Goals will be either as stipulated in Appendix A or may be adjusted based on mutual agreement between the City and the Contractor in the Task Order issued at the time of Notice to Proceed. https://omwbe.diversitycompliance.com/ https://omwbe.diversitycompliance.com/ https://www.cityoftacoma.org/government/city_departments/community_and_economic_development/small_business_enterprise 25. LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM The City of Tacoma is committed to equality in employment for WA-State approved Apprentices, City of Tacoma residents, resident of local economically distresses areas, youth, veterans, minorities, and women. See the TMC 1.09. Please visit the City’s Local Employment and Apprenticeship Training Program. 26. PROPRIETARY OR CONFIDENTIAL INFORMATION The Washington State Public Disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. Documents submitted under this RFP shall be considered public records and, with limited exceptions, will be made available for inspection and copying by the public. Information that is confidential or proprietary must be clearly marked. Further, an index must be provided indicating the affected page number(s) and location(s) of all such identified material. Information not included in said index will not be reviewed for confidentiality or as proprietary before release. 27. ADDENDUMS In the event it becomes necessary to revise any part of this RFP, an addendum will be issued through the event in Ariba. Failure to acknowledge addendum(s) on the required Signature Page may result in a submittal being deemed non-responsive by the City. 28. SPECIFICATIONS AND SCOPE OF WORK The City enter into a contract with the selected firm(s) and will subsequently work with the Contractor to identify a specific scope of services for each disaster event in which the Contractor may be issued a notice to proceed through a task order. The sections that follow are intended to provide the Contractor with a detailed understanding of the City’s specifications and the scope of work associated with the following representative disaster debris removal and disposal services: • Collection, including clearance, labor, equipment and materials needed during the response • Reduction or recycling • Hazardous waste handling, processing, and disposal • Hauling to final disposition • Temporary Debris Storage and Reduction Sites (TDSRS) activities • Demolition https://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 27.1 SCOPE OF WORK 27.1.1 Work shall consist of clearing and removing any and all “eligible” debris as defined by Federal Emergency Management Agency (FEMA) Public Assistance Program and Policy Guide, Version 4 (June 2020) and all applicable State and Federal Disaster Specific Guidance(s) and policies, and as directed by the Debris Manager (DM). Work will include: A. Examining debris to determine whether or not debris may be eligible under FEMA Policy Guide. B. Loading the debris. C. Hauling debris, using licensed and certified equipment, to approved Temporary Debris Storage and Reduction Sites (“TDSRS”) or landfill(s). D. Reducing the debris E. Hauling the debris to an approved recycling or disposal facility. F. Disposal of the debris at the recycling facility or landfill. Debris not defined as eligible by FEMA Public Assistance Program and Policy Guide, State or Federal Disaster Specific Guidance or policies will not be loaded, hauled, or dumped under this Contract unless written instructions are given to the Contractor by the DM. It shall be the Contractor’s responsibility to load, transport, reduce, and properly dispose of any and all disaster generated debris which is the result of the event under which the Contractor was issued a notice to proceed, unless otherwise directed by DM, in writing. This includes but is not limited to: 1. Vegetative Debris a. Damaged and disturbed trees, tree limbs, bushes, shrubs, brush untreated lumber and wood products. b. Remains of standing trees which are clearly damaged beyond salvage. 2. Construction and Demolition (C&D) Debris a. Building materials, including wood structural members, concrete blocks, window glass, structural siding, and roofing materials including shingles or metal roofing panels. b. Bulky items consisting of damaged furniture and appliances and flooring materials. c. Treated timber, plastic, rubber products, sheet rock, cloth items and carpeting materials. d. Metal debris – Various thickness of corrugated metal and other thin sheet metal products. 3. Household Hazardous Waste (HHW) a. Household Hazardous Wastes are materials that are ignitable, reactive, toxic or corrosive. Examples of HHW include items such as paints, cleaners, pesticides, etc. Due to the nature of hazardous waste, any handling, recycling, reuse of, transportation and disposal of hazardous waste must be done in compliance with all Local, State and Federal requirements and all permits must be in place. A manifest of the materials shall be provided to the City of Tacoma within 10 days of the material disposal. 27.2 DESCRIPTION OF WORK AREA AND PERFORMANCE 27.2.1 The designated area for debris removal (“City ROW”) is bounded by the City limits and includes City properties and right-of-ways, easements, City parks, and City debris staging areas and may include private and orphan road segments within the jurisdictional boundaries of the City. Debris removal along roadways in other municipalities or unincorporated Pierce County is not the responsibility of the City. Debris removal performed on City maintained roadways will be performed as identified by the DM. The DM may also authorize the Contractor to perform debris removal on non-city maintained roadways or other areas as directed in writing. 27.2.2 All debris identified by the DM shall be removed. The Contractor shall make a minimum of two complete passes removing all debris along each street Right-of-Way (“ROW”) assigned by the DM. It is at the City’s discretion to require a third pass to be performed by the Contractor. Partial removal of debris piles is strictly prohibited. The Contractor shall not move from one designated work area to another designated work area without prior approval from the DM or designee. Any eligible debris, such as fallen trees, which extends onto the ROW from private property, shall be cut at the point where it enters the ROW, and that part of the debris which lies within the ROW shall be removed. The Contractor shall not enter onto private property during the performance of this contract unless specifically authorized by the DM in writing. 27.2.3 Contractor shall deliver debris to designated disposal sites that have been permitted to receive disaster generated debris and that adhere to all State, Local, and Federal regulations. The DM will notify the Contractor of the site(s) to be utilized for each right of way assigned. In the event the site is different than outlined in the RFP the Contractor will request a change in the contract utilizing the per mile transportation cost provided in the Cost Proposal Form. 27.2.4 Debris shall be reasonably compacted into the hauling vehicle. No limbs shall be allowed to protrude more than six (6) inches beyond the sides of the truck bed. Any debris extending above the top of the bed shall be secured in place so as to prevent it from falling off. Measures must be taken to avoid debris blowing out of the hauling vehicle during transport to the disposal site. 27.2.5 All debris will be mechanically loaded. Hauling vehicles that are hand-loaded or that require mechanical assistance for dumping will not be permitted to dump at Temporary Debris Storage and Reduction Sites (TDSRS), unless approved in advance by the DM. 27.2.6 Loose leaves and small debris in excess of one bushel basket shall be removed within the designated area. No debris shall be left on the road surfaces larger than six (6) inches in any dimension shall be left on site. Hand crews and rakes will be required. 27.2.7 If requested by the City, the selected Contractor will provide an on-site Project Manager to the City and the DM for each TDSRS. The Project Manager for the contract and any supplemental Project Managers for the individual TDSRS shall provide a cellular telephone number to the DM with which they can be reached for the duration of the project. The Project Manager will be expected to have daily meetings with the DM and/or designee either in person or by phone. Daily meeting topics will include, but not limited to, volume of debris collected, completion progress, City coordination, and damages/repairs. Frequency of meetings may be adjusted by the DM. The Contractor’s Project Manager must be available 24-7 (twenty-four (24) hours/day, 7 days/week) or as required by the DM. 27.2.8 The City has identified TDSRS in the City located at Point Defiance Park, the Tacoma Dome parking lot(s) and the City’s Recovery and Transfer Station. These sites are in the process of being reviewed and approved by the Tacoma-Pierce County Health District in accordance with State law. The City reserves the right to add or change additional TDSRS locations as stipulated in 27.2.9 below. The Contractor will be responsible for returning each TDSRS used to its original condition, abiding by all State and Federal environmental regulatory requirements and subject to final approval by the City. Proposers should consider when preparing their proposal that the above sites have not been finalized and are subject to change. Once potential TDSRS locations are determined by the City and approved by Tacoma-Pierce County Public Health, the Contractor will be provided with address, GPS coordinates, and estimated acreage of the identified locations. 27.2.9 Based on the disaster-specific scope of work, the DM or representative may task the Contractor with locating and preparing additional sites for use as TDSRS, subject to approval by the City and Tacoma-Pierce County Public Health. If additional sites are identified a change to the Contract will be made. 27.2.10 The City does not warrant or guarantee the availability or use of any recycling facility. The Contractor must coordinate directly with owners of all recycling facilities. All recycling facilities must be approved, in writing, by the DM. The Contractor will be responsible for the handling, reduction, and final haul-out and disposal of all recycle commodities and any residual materials generated by the recycling operations. TDSRS recycling operations and associated cleanup work must comply with all Local, State, and Federal safety and environmental standards. Contractor reduction, handling, disposal, and cleanup operations must be approved, in writing, by the DM. All material intended for disposal will be taken to the City’s Recovery and Transfer Station as directed by the DM or a recycling facility agreed upon and approved. The City encourages the Contractor to recycle as much debris as possible and to identify alternate recycling locations to maximize the opportunity to divert debris from the solid waste stream. Landfill and landfill capacity is limited in the region and following a significant debris generating event, the City expects that many landfills in the region and beyond will be greatly strained. 27.2.11 The City of Tacoma intends to execute one (but reserves the right to execute more than one contract to hire for this work) debris removal and disposal contract(s) on a contingency basis for the purpose of having Contractor(s) immediately available and committed to assisting the City in the aftermath of a disaster. Each awarded Contractor will be able to use their own subcontractor resources to meet the obligations of the contract. 27.2.12 The Contractor shall conduct the work so as not to interfere with the disaster response and recovery activities of Federal, State, tribal and local governments or agencies, or the City of Tacoma. 27.2.13 The City reserves the right to inspect the TDSRS, verify quantities, and review operations at any time. 27.2.14 All work shall be accomplished in a safe manner in accordance with Pierce County and the City of Tacoma, WISHA and OSHA standards. 27.4.15 All work to be completed under this contract shall include the provisions outlined herein and the General Conditions for Washington State Facility Construction and the Supplemental Conditions as Modified by the City of Tacoma included in Appendix A. 27.3 DISASTER DEBRIS HAULING SERVICES DEBRIS CLASSIFICATION 27.3.1 Eligible Debris. Eligible debris is considered all disaster related debris located within the right of way [applicant owned properties] and defined below: A. Incinerable, non-incinerable, hazardous and toxic waste (typically excluded from the contract) B Clean fill (if approved by state and local environmental authorities) C. Salvageable (metals and may contain appliances if a recycler is available) D. Stumps, etc. 27.3.2 ROW Vegetative Debris Removal. Work shall consist of all labor, equipment, fuel, and miscellaneous costs to pick up and transport vegetative debris existing in the City ROW to a City approved TDSRS or other designated disposal facility as approved. A. Vegetative debris existing in the City ROW is defined as debris resulting from a wind storm, earthquake or other natural or man-made disaster which has been or will be placed on or along public right-of-ways, easements, City parks, alleys, TDSRS, and other areas as designated by the City. B. For the purposes of this contract, vegetative debris which is piled in immediate close proximity to the street, and which is accessible from the street with loading equipment (i.e. not behind a fence or other physical obstacle) will be removed. C. Removal of vegetative debris existing along the City maintained rights-of-way will be performed as identified by the DM. D. Entry onto private property for the removal of vegetative hazards will only be permitted when directed by the DM or DM’s authorized representative. All other operations on private property are strictly prohibited unless directed in writing by the DM. The City will provide specific Right-of-Entry (“ROE”) legal and operational procedures at the time of activation if needed. 27.3.3 ROW C&D Debris Removal. Work shall consist of all labor, equipment, fuel and miscellaneous costs to pick up and transport Construction and Demolition (“C&D”) debris existing in the City ROW to a City approved TDSRS or other designated disposal facility. A. C&D debris existing in the City ROW is defined as debris resulting from a wind storm, earth quake or other natural disaster which has been or will be placed along public right of-ways, easements, City parks, alleys, TDSRS and other areas as designated by the City. B. For the purposes of this contract, C&D debris which is piled in immediate close proximity to the street, and which is accessible from the street with loading equipment (i.e. not behind a fence or other physical obstacle) will be removed. C. Removal of C&D debris existing in the City ROW will be performed as identified by the DM. D. Entry onto private property for the removal of C&D hazards will only be permitted when directed by the DM or DM’s authorized representative. All other operations on private property are strictly prohibited. The City will provide specific ROE legal and operational procedures at the time of activation. 27.3.4 Demolition, Removal and Transport of Structures. Work shall consist of all labor, equipment, fuel and miscellaneous costs necessary to demolish structures made unsafe by the disaster on private property within the jurisdictional limits of the City. Further, debris generated from the demolition of the unsafe structures, as well as scattered C&D debris on private property, will be transported to a City approved TDSRS or other designated disposal facility. A. Removal and transportation of demolished unsafe structures and scattered C&D debris on private property will be performed as identified by the DM. B. Entry onto private property will only be permitted when directed by the DM or DM’s authorized representative. The City will provide specific ROE legal and operational procedures at the time of activation, if needed. C. The Contractor is required to strictly adhere to any and all Local, State and Federal regulatory requirements for the demolition of structures including the Puget Sound Clean Air Agency Asbestos Notification Requirements. 27.3.5 Grinding (Reduction of Disaster-Generated Debris) (option). Work shall consist of all labor, equipment, fuel and miscellaneous costs necessary to reduce disaster-generated debris by grinding. Reduction methods are at the discretion of the DM. Grinding must be approved by the DM prior to commencement of reduction activities. A. All un-reduced disaster debris must be staged separately at the TDSRS. B. Contractor must obtain approval to reduce C&D debris from DM. If approved for reduction, C&D debris must be reduced via grinding in order for the City to compensate the contractor for reduction. Incineration or mauling of C&D is not acceptable methods of C&D reduction. 27.3.6 Haul-Out of Reduced Debris to Final Disposal Site or Recycling facility. Work shall consist of all labor, equipment, fuel and miscellaneous costs necessary to pick up reduced debris authorized in writing by the DM. A. All un-reduced disaster debris must be transported to a final disposal facility separately B. Contractor must show due diligence that beneficial uses of material or diversion methods were explored and exhausted prior to disposing all debris at a landfill and transport reduced material existing at a City approved TDSRS to a final disposal facility. 27.3.7 Removal of Hazardous Trees. This section applies to trees located within the City ROW or trees that originate on private property but affect the City ROW. Work shall consist of all labor, equipment, fuel and miscellaneous costs necessary to, as identify by the Contractor’s hired and certified arborist, remove all hazardous, as defined below, trees six (6) inches or greater in diameter at breast height, measured four and one half feet (41/2) from the base of the tree. Further, debris generated from the removal of hazardous trees from the City ROW will be placed in the safest possible location on the ROW and subsequently removed in accordance the terms, conditions, and procedure described in “ROW Vegetative Debris Removal.” Grind hazardous trees to at least 8” below the existing soil grade. The City will not separately compensate the Contractor for removal of hazardous trees less than six inches (6) in diameter on a unit rate basis. A. Removal and transportation of hazardous trees will be performed as identified by the DM with input from the Contractor’s certified arborist. All disaster specific eligibility guidelines regarding size and diameter of hazardous trees will be communicated by the Contractor, in writing, and agreed upon by the DM. B. In order for trees to be removed and eligible for reimbursement, the tree must meet the definition below: 1. A hazard tree, or a hazardous component, exists when the sum of the risk factors assessed equals or exceeds a predetermined threshold of risk. Below that threshold, the tree (or component parts) is not considered to be hazard. 2. The standard rating for the degree of risk of a tree will be the current version of the International Society of Arboriculture’s Tree Risk Assessment System. C. Trees assessed to have a risk rating of 9 or higher are considered hazardous by the City of Tacoma and require action of removal or pruning to eliminate or reduce risk to an acceptable level. D. Tree risk assessments performed by or on behalf of the City of Tacoma shall occur only in cases where the target is public or public property and the target zone extends into public areas; assessments will assess trees for the amount of risk they may pose to public health, safety, and welfare. Exceptions include trees located on City-owned property abutting private property with a target and where the target zone will affect the private property. All other concerns about risk assessment are civil matters. 1. Target means people, property or activities that could be injured, damaged or disrupted by a tree. 2. Target zone means the area where a tree or branch is likely to land if it were to fall. E. Drive-by or basic assessments shall be employed in post-storm management. 1. Assessments shall be completed by an arborists who possesses a current International Society of Arboriculture (ISA) Certification and ISA Tree Risk Assessment Qualification (TRAQ). F. Exceptions to when a Certified Arborist and Tree Risk Assessor are not required to assess tree risk include the following situations: 1. Downed (fallen) trees or tree parts in the ROW that exceed 6 inches in diameter for trees or 2 inches in diameter for tree parts. Trees in the ROW with shear plane cracks in the trunk that expose heartwood and/or sapwood. Tree parts that exceed 2 inches in diameter, are broken and are suspended above ground in the ROW is the within the target zone. Trees within the ROW that are partially uprooted and/or exhibit severe unnatural leans, as typically noted by soil mounding on one side of the tree trunk and a gap between the soil and the trunk on the other side. G. All trees removed under this contract shall have the stump ground. Stump removal means the removal of the end of a removed or fallen tree that remains in the ground to a minimum of 8” below the grade of the ground, walk and curb, including the root collar (the transition zone between the trunk and the root system),that affects the construction of a new sidewalk or landscaping. All stump grinding debris shall be removed by the contractor and topsoil shall be applied to fill the hole left by the stump in a manner that is level with existing grade upon settling. 1. Stump removals shall only occur on the second complete pass of project area. H. All trees pruned under this contract shall be done by or under the supervision of an ISA certified arborist and in accordance with ANSI (A300) standards for tree pruning and shall adhere to the following: 1. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar (flush cutting) or leaving a protruding stub. Bark at the edge of all pruning cuts shall remain firmly attached. 2. All branches too large to support with one hand shall be notched on the underside and precut to avoid splitting or tearing of the bark. 3. No paints or wound dressings of any kind are to be applied. 27.3.8 Abandoned Vehicle Removal. Work shall consist of the removal and haul out of abandoned vehicles in areas identified and approved by the DM. The removed vehicles will be hauled to a City approved staging area and subsequently disposed of in accordance with the Washington State Department of Licensing requirements by a licensed tow truck operator (reference RCW 46.55 for specific requirements). A. The removal, transportation and disposal of Abandoned Vehicle Removal includes obtaining all necessary Local, State and Federal Handling Permits and operating in accordance with all Local and Federal regulatory agencies. 27.3.9 Animal Carcass Removal and Disposal. Work shall consist of the removal of animal carcasses in areas identified and approved by the DM. The City needs prior authorization in order to confer with animal owner if necessary. The carcasses will be hauled to a City approved final disposal site. A. The transportation and disposal of Animal Carcass includes obtaining all necessary Local, State and Federal Handling Permits and operating in accordance with all Local, State and Federal regulatory agencies. 27.3.10 ROW White Goods Debris Removal. Work shall consist of all labor, equipment, fuel and miscellaneous costs associated with the removal of, transportation and disposal of White Goods. White Goods containing refrigerants will be hauled to a City approved staging area where the processing, transportation and disposal will be done by others. 27.3.11 Household Hazardous Waste Debris Removal. Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary for the removal, transportation, and disposal of Household Hazardous Waste (“HHW”). Household Hazardous Waste shall be as defined in WAC 173-303-040 A. The removal, transportation, and disposal of HHW includes obtaining all necessary Local, State and Federal Handling Permits and operating in accordance with all Local, State and Federal regulatory agencies. B. HHW must be located within a designated disaster area and be removed from an eligible applicant’s improved or maintained property or right-of-way. C. HHW removed must be a result of the major disaster event. D. All disposal manifest must be provided to the City within 10 days of reaching the final disposal location. 27.4 PERFORMANCE SCHEDULE 27.4.1 The Contractor shall commence performance as follows upon receipt of notice to proceed. A. Within 24 hours- a project manager is onsite. B. Within 48 hours- 25% of resources and equipment are mobilized to the site(s). C. Within 72 hours- 50% of remaining resources and equipment are mobilized to the site(s). D. Within 1 week all remaining resources and equipment are mobilized to the site(s). 27.4.2 All activity associated with debris operations shall be performed during daylight hours unless otherwise specified by the DM. The Contractor may work 7 days per week, including holidays. 27.4.3 Maximum allowable time for completion will be 60 calendar days from Notice to Proceed, unless the City initiates additions or deletions to the contract by written change orders. Both parties pursuant to applicable city, county, state and federal law will equitably negotiate subsequent changes in cost and completion time. A formal notice of completion of work will be issued by the DM to the Contractor. 27.5 EQUIPMENT AND OTHER REQUIREMENTS 27.5.1 Use of Local Resources. As per FEMA regulations, the Contractor will encourage the utilization of resources located within the disaster area, including but not limited to, procuring supplies and equipment, awarding subcontracts and employing workers. The requirements for Local Employment and Apprenticeship Program is as outlined in Appendix B and is required for implementation of any work under the Contract. 27.5.2 Working Hours. Monday through Sunday, the Contract hours shall only be during daylight hours or as otherwise directed by the City. No work outside these hours shall be allowed unless approved in advance by the DM. 27.5.3 Equipment. All trucks and other equipment shall be in compliance with all applicable Federal, State, and Local rules and regulations. A. All trucks and other equipment must be equipped with backup alarms. B. Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment. The Contractor shall provide means to rapidly unload any trailer that does not have a means for dumping. C. Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of 2” by 6” boards or greater and not extend more than two feet above the metal bedsides. All extensions are subject to acceptance or rejection by the DM. D. All equipment used to haul debris shall be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. Plastic webbing is not acceptable for a tailgate. E. All hauling equipment shall be weighed and marked for its tare weight. The Contractor is responsible for ensuring all loading and transport equipment complies with federal, state and local laws. F. The Contractor prior to use will inspect all equipment. The Contractor will provide a form for this purpose. The form shall be filled out for all vehicles and submitted to the DM for review. G. Trucks and other heavy equipment designated for use under this contract shall be equipped with two signs, one attached to each side. These signs shall be furnished by the Contractor. Magnetic signs are not permitted. The signs shall contain the following information: 1. Company Name 2. Truck Number 3. Tare 4. Inspected by and Date H. Prior to commencing debris removal operations, the Contractor shall present to the DM or designee all trucks, trailers, or containers that will be used for hauling debris. Each truck or trailer shall be measured to determine the certified cubic yard/tonnage capacity. Each truck or trailer shall be numbered and clearly display the certified capacity for identification with a permanent marking. The DM or designee, may, at any time, request that the trucks be recertified. The Contractor shall notify the DM or designee each time a new truck, trailer or container is to be used under this contract. (Note: This paragraph typically applies if scales other than those at the landfill are being used. If only landfill scales are being used, the trucks are typically weigh going in and leaving the landfill.) I. Trucks or equipment designated for use under this contract shall not be used for any other work during the working hours of this contract. The Contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the Contractor mix debris hauled for others with debris hauled under this contract. J. Loading equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessive size loading equipment (6 CY and up) and non- rubber tired equipment must be approved by the DM. 27.5.4 Hand Loaded Vehicles. Hand loaded vehicles are prohibited unless pre-authorized, in writing, by the DM. All hand-loaded vehicles will receive an automatic 50 percent deduction for lack of compaction. 27.5.5 Traffic Control. The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices at all Contractor work areas as necessary to execute the work. A. The Contractor shall provide qualified flag personnel where necessary to direct the traffic and shall take all necessary precautions for the protection of the workers, and the safety of the public. B. Highways, streets or parts of the work closed to traffic shall be secured by barricades, and obstructions shall be illuminated during the hours from sunset to sunrise. Suitable warning signs shall be provided to properly control and direct traffic. C. All barricades, warning signs, lights, temporary signals, other protective devices, flag persons and signaling devices shall conform to the minimum requirements as set out in the Manual on Uniform Traffic Control Devices for Streets and Highways, Part VI, prepared by the National Joint Committee on Uniform Traffic Control Devices, latest edition, and current at the time bids are received. D. The expenses incurred by the Contractor for items listed in this section are to be included in the rates provided at the time of Proposal. E. A submittal for each planned erected traffic control shall be provided to the DM prior to execution of the work outlined above. 27.5.6 Commitment to Recycling. The Contractor is responsible for making efforts to divert disaster debris from the solid waste stream (i.e. landfills). To the extent this material can be beneficially utilized, recycled, or reused, the Contractor shall work with the DM or designee following a notice to proceed to identify a work plan and viable options. The work plan may include, but is not limited to, a description of the final disposal facility, potential benefits (environmental and/or financial) to the Contractor or City, and reasonable cost analysis to determine the economic feasibility of the option(s). 27.5.7 Damage to Public or Private Property. The Contractor shall video the properties before and after the work is commenced and once completed. Should damages occur during the removal of disaster related activity the Contractor shall be responsible for restoration and said cost. The Contractor shall restore all disturbed areas to their original disaster condition, including re-grading, paving, use of rye grass and permanent grass and any other means determined to be necessary by the DM or designee. Failure to restore damaged public or private property to the satisfaction of the DM or designee will result in the withholding of retainage money in an amount sufficient to make necessary repairs. 27.5.8 Existing Utilities A. Some trees and debris which are to be removed under this contract may be blocked or entangled with overhead power, telephone, and television cables. In this case, it shall be Contractor’s responsibility to coordinate directly with the utility owners to arrange for the removal of the debris without damage to the overhead and underground utility lines. Contractor shall pay all such costs (i.e. damages) to Tacoma Public Utilities, Tacoma Power or other utility company for any adjustments as instructed by DM or DM’s authorized representative. B. Contractor shall make the necessary repairs and pay all costs incurred to repair damaged utilities, as determined by the affected utility company. Repairs to all municipal and privately owned water and sewer facilities shall be made by the Contractor as instructed by the DM or DM’s authorized representative. The work associated with damaged utilities if work is directed by the DM or authorized representative will be paid through an agreed upon and executed change to the contract. 27.5.9 Environmental Protection A. All chemicals of whatever nature used during project operations or furnished for project operation must show EPA or USDA approval certification. Their use and disposal of all residues shall be in strict compliance with instructions by the DM or DM’s authorized representative. B. The Contractor shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all Local and State ordinances and the approval of the DM or Puget Sound Clean Air Agency. The Contractor shall comply in a timely manner with all directions of the DM regarding the use of a water truck or other approved dust abatement measures. C. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances and guidance regarding environmental protection. 27.5.10 Documentation and Measurement A. Prior to beginning any work, the City, or authorized representative, shall clearly identify (using unique alpha-numeric identification series) each truck hauling debris or piece of equipment loading debris utilized during debris operations. All vehicles must be certified by the City or authorized representative, prior to debris collection. If a vehicle is working under multiple contracts or for multiple communities, it must be re-certified by an authorized City representative each time it returns to work from other contracts or communities. B. The Contractor is responsible for ensuring that all subcontractors maintain valid commercial Driver’s licenses and equipment legally fit for travel on the road. This City may conduct random reviews of information on an as needed basis. C. “Load tickets” or other means of capturing quantities will be provided by the City or Its representative for recording volumes of debris removal. 1. Each ticket shall be of a type that consists of one original and four carbon-copy duplicates. If electronic means are utilized the City may waive the requirement for carbon copy tickets. 2. Load tickets or other means of capturing information will be issued by an authorized representative of the City at the loading site. The City representative will give the original and four copies or applicable documentation to the vehicle operator. Upon arrival at the TDSRS, the vehicle operator will give the original and four copies or the provided documentation to the City representative at the TDSRS. Trucks with less than full capacities will be adjusted down by visual inspection. This determination will be made by the City representative present at the TDSRS. The City representative will validate, enter the estimated debris quantity, and sign the tickets or provided documentation. The City will keep the original copy and the four remaining duplicate copies will be returned to the vehicle operator for the Contractor’s records. 3. The Contractor shall give written notice of the location for work scheduled twenty-four (24) hours in advance to the DM or DM’s authorized representative. 27.5.11 Payment A. The City, or its authorized agent, will monitor, verify and document with load tickets the completion of all work, as defined in the scope. The Contractor will be provided with copies of this documentation. These documents will be used by the Contractor as back-up for invoice submittals. No approvals will be made for work not ticketed or not authorized by the City. B. Invoices must be submitted to the City monthly with a paper copy of the invoice and an electronic copy of the invoice detail. The invoice detail must consist of a tabular report listing all information on each load ticket. Invoice detail submittals will be checked against City records. City records are the basis of all payment approvals. C. No separate payment will be made for mobilization and demobilization operations. These costs are to be included in the respective unit prices bid for debris removal and will not be adjusted based on the total amount of debris actually removed in the contract. D. Payment for disposal cost incurred by the Contractor at permitted disposal facilities will be made at the cost incurred by the Contractor. Contractor must submit a copy of the invoice received by the disposal facility, an electronic copy tabulating all scale or load tickets issued by the disposal facility, and proof of Contractor payment to the disposal facility. The City may choose to use its Construction Management Software for implementation of this Contract. The City will provide the Contractor with all required information and training needed to utilize the City’s management system. E. The Contractor must submit final invoice within thirty (30) days of completion of scope of work. Completion of scope of work will be acknowledged, in writing, by the DM. F. Payment for work completed may be invoiced on a monthly basis. Invoices will be based on reconciled weigh tickets or electronic record from the daily operational reports. G. Time is of the essence to the performance hereunder and the City shall recover from the Contractor any delay costs caused by the acts or omissions of the Contractor or its agents. Except as otherwise provided herein, payment shall be made for actual work accepted and completed. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which a payment is to be made, the City’s authorized agent may retain a percentage of said payment, not to exceed 5% of the contract value to ensure performance of the contract. Said cause and progress shall be determined by the City’s authorized agent, in the sole discretion, based on the assessment of any past performance of the Contractor and the likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. H. The City may withhold payment or final payment for reasons including, but not limited to the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. I. Final payment, less any offsets or deductions authorized hereunder or by law, shall be made within thirty days of the certification of completion of the project by the City’s authorized agent provided the Contractor has completed filing of all contractually required documents and certifications with the City of Tacoma’s authorized agent including acceptable evidence of the satisfaction of all claims or liens inclusive of Consent of Surety, all affidavits of intent and wages paid, certified payrolls and all other closeout documents outlined in the General Conditions for Washington State Facility Construction and the Supplemental Conditions as Modified by the City of Tacoma included in Appendix A. 27.6 OTHER CONSIDERATIONS 27.6.1 The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all tasks. Safety of the Contractor’s personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. 27.6.2 The Contractor shall be duly licensed in accordance with the cities, states and county’s statutory requirements to perform the work. 27.6.3 The Contractor shall be responsible for taking corrective action in response to any notices of violations issued as a result of the Contractors or any subcontractors’ actions or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the City of Tacoma. 27.6.2 The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this contract. At a minimum, one flag person should be posted at each approach to the work area. Work shall be accomplished in a safe manner in accordance with federal, state and local standards. 27.6.3 The City is responsible for obtaining all applicable environmental and regulatory permits for the TDSRS prior to the Contractor commencing operations. 27.6.4 The Contractor is responsible for dust control. The Contractor shall be in compliance with all state and local laws for dust control. 27.6.5 The City may suspend Contractor operations due to inclement weather. The performance period may be extended for weather delays. 27.6.6 The Contractor shall employ as many local residents and subcontractors as possible as part of this contract as outlined in their approved Outreach Plan and the Local Employment Apprenticeship Program. 27.6.7 Health and Safety Plan and Job Hazard Assessment specific to the scope of work identified here in are required to be submitted to the DM prior to Notice to Proceed. 27.7 FINAL DISPOSITION The method of final disposal will be determined by the City of Tacoma. Landfill disposal or other disposal fees are the responsibility of the City. Contractor must furnish a copy of the invoice or receipt provided by the disposal facility, all scale or load tickets issued by the disposal facility, and proof of Contractor payment to the disposal facility. 27.8 MEASUREMENT Measurement for all debris removed will be by the Cubic Yard [or each for stumps] as determined by the eligible debris delivered to the certified scales (except stumps) minus the tare weight, as supported by the weigh ticket. Measurement shall be documented by the weigh ticket or electronic system employed. 27.9 CHANGES, ADDITIONS, DEDUCTIONS, AND EXTRA WORK Upon proper action by the City’s authorized agent the City may authorize changes, additions or deductions from the work to be performed by written notice to the Contractor. No extra work shall be done or any obligation incurred except upon written order by the City’s authorized agent. If any change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, the City’s authorized agent, with City concurrence, shall make an equitable adjustment and modify the contract in writing. Changes to the Contract shall be made in accordance with the General Conditions for Washington State Facility Construction and the Supplemental Conditions as Modified by the City of Tacoma included in Appendix A. 27.10 WARRANTIES AND REPRESENTATIONS This contract is binding upon and insures to the benefit of the City or Assigns and is the whole agreement of the parties and governed by the Laws of the State of Washington. The appropriate venue for any litigation resulting hereunder is Pierce County, State of Washington. The Contractor shall comply with all Federal, State, County, and municipal laws, ordinances, and regulations. The Contractor shall not discriminate against any employee or applicant due to sex, race, color, creed, national origin or ancestry. The Contractor further certifies he is eligible to perform this contract under local and Federal law, is not now and has not been debarred within the past 10 years from performing Federal or State government contracts and that all subcontractors used in the performance of this contract have the same qualifications. 27.11 DEFICIENCIES, CORRECTIVE ACTIONS AND DEDUCTIONS 27.11.1 When the Contractor's work does not conform to the Contract requirements completely, a deficiency exists. If a deficiency(s) is serious enough to render a service unacceptable, it is also considered a defect. Defects are important in determining if non-compliance levels have been exceeded for services inspected. 27.11.2 Corrective Actions: If deficiencies are identified, the City must take action to correct those deficiencies using one, or in some cases a combination of, the following: A. Stop Unsafe Work. The City’s authorized agent may immediately stop work on that portion of the job affected by a safety hazard, until it is corrected. B. Issue a Stop Work Order. If the City’s authorized agent determines the deficiency is serious, the City of Tacoma can issue a stop work order. C. Reduced Value Deduction. The City may reduce the Contract price to reflect the reduced value of the services performed. This method is normally used when the work is performed by the City or another contractor rather than the Contractor under this contract. The amount of the deduction is equal to the value of the service(s) not performed. As appropriate, calculation of deductions for certain deficiencies will be made using approved methods allowed by the contract clause entitled "Inspection of Services". D. The Contract may be terminated. E. The City may discuss corrective actions with the Contractor to prevent future occurrences. The City’s authorized agent will notify the Contractor, in writing, of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations. Such notice, when delivered to the Contractor at the site of the work, shall be deemed sufficient for the purpose. After receipt of such notice, immediately inform the City’s authorized agent of proposed corrective action, and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the City’s authorized agent may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time, or for excess costs or damages by the Contractor. 27.12 NOTICES At the time of award, the Contractor shall designate, in writing, a Contract Representative (CR) to receive any Notice required hereunder and who shall be available at the local work site in the City of Tacoma, Washington State during all times that the Contractor is performing work in accordance herewith. A copy of said designation shall be provided to the City’s authorized agent at the time of award. The only City personnel authorized to receive any Notice required hereunder are the City’s authorized agent. Said Notice must be hand delivered during normal business hours to the location designated by the City. 27.13 CONTRACT TERM This contract shall be for five years. 27.14 NO GUARANTEED UTILIZATION The City does not guarantee utilization of this contract. The solicitation may provide estimates of utilization; such information is for the convenience of the Contractor and does not serve as a guarantee of usage. The City reserves the right to multiple or partial awards, to terminate contracts, and/or to order varying quantities based on City needs. The City reserves the right to use other appropriate contract sources to obtain these products or services, such as State of Washington Contracts. 27.15 CONTRACTOR USAGE REPORTS The City may request that the Contractor provide reports of purchases made by the City during the contract term. Within 10 business days of a request, the Contractor will supply the City a report in the requested format. The report must be clearly titled (Company name, contact information, contact number, dates of report period). The Contractor will provide, upon a request by the City, information sorted according to the City request, which may include: invoice specific detail or summary detail, by item name, by the user name (the department customer placing the order), by City Department, and date or order. 27.16 RATES AND PRICES Pricing shall be prepared with the following terms. These are in addition to annual Prevailing Wage adjustments instructions when required that are specified elsewhere within this solicitation. The City may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the City. Such changes (whether increases or decreases) may only be issued by the City. Absent a written contract document, such changes shall not be considered effective. The Change Order shall not require joint signature, and implies concurrence unless the Contractor rejects in writing within 24 hours upon receipt of such a Change Order. 27.17 REQUESTS FOR PRICE DECREASES Contractors can offer volume discounts or improved pricing that is more favorable to the City at any time, when a specific order is placed or when a long-term change in costs allows the Contractor to offer a permanent change to the contract prices. Requests that reduce pricing charged to the City may be delivered to the City at any time during the contract period. Such price reductions should use the same pricing structure as the original contract (i.e. discounts below list, mark-up above, fixed price, or hourly rates). The City may likewise initiate a request to the Contractor for price reductions, subject to mutual agreement of the Contractor. 29.18 REQUESTS FOR PRICE INCREASES 27.18.1 Contractor must deliver to the City in accordance to the rules below. No contract employee may accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing that is not specified by the City in writing within this Contract or specified within an official written change issued by the City to this contract, shall be invalid. Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A. Hourly Rates or Service Pricing: For multi-year contracts that provide services. The Contractor may submit a price reduction that implements a lower and more favorable cost to the City at any time during the contract. Contractor requests for rate increases must be no sooner than two years after contract si