Cowlitz Falls Barrier Dam Repair Project

HCroston Text Box RMARTIN Text Box PG20-0314F COWLITZ FALLS BARRIER DAM REPAIR PROJECT CITY OF TACOMA SPECIFICATIONS FOR NO. PG20-0314F TACOMA POWER COWLITZ FALLS BARRIER DAM REPAIR PROJECT ___________________________________________________________________________ CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES TACOMA POWER Jackie Flowers, Director of Utilities/CEO Chris Robinson, Power Superintendent/COO Date: Tuesday, March 2, 2021 Each bid to be enclosed in a sealed envelope bearing the superscription “Tacoma Power – Cowlitz Falls Barrier Dam Repair Project" SPECIFICATION CONTENTS This Specification contains the following: 1. Request for Bids 2. Bidder's Checklist 3. Letters and Calls 4. SPECIAL NOTICE TO BIDDERS 5. Signature Page 6. Certification of Compliance with Wage Payment Statutes 7. State Responsibility and Reciprocal Bid Form 8. Proposal Sheets 9. Contractor's Record of Prior Contracts 10. List of Equipment 11. Substitution Request Form 12. Bid Bond 13. Subcontractor List

14. Insurance Certificate Requirements 15. Contractor's Work Hazard Analysis Report 16. Performance Bond 17. Payment Bond 18. Contract 19. Contractor Performance Review 20. General Release 21. General Provisions 22. Local Employment and Apprenticeship Training Program (LEAP) 23. LEAP Employee Verification Form 24. Prime Contractor LEAP Utilization Plan 25. Prevailing Wages 26. Special Provisions 27. Technical Provisions 28. Plans Form No. SPEC-040C Revised: 01/20/2021 City of Tacoma Tacoma Power / Generation REQUEST FOR BIDS PG20-0314F COWLITZ FALLS BARRIER DAM REPAIR PROJECT Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, March 2, 2021 Submittal Delivery: Sealed submittals will be received as follows: By Email: bids@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. By Carrier: City of Tacoma Procurement & Payables Division Tacoma Public Utilities 3628 S 35th Street Tacoma, WA 98409 In Person: City of Tacoma Procurement & Payables Division Tacoma Public Utilities Administration Building North Guard House (east side of main building) 3628 S 35th Street Tacoma, WA 98409 By Mail: City of Tacoma Procurement & Payables Division Tacoma Public Utilities PO Box 11007 Tacoma, WA 98411-0007 Bid Opening: Held virtually each Tuesday at 11AM. Attend via this link or call 1 (253) 215 8782. Submittals in response to a RFB 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. Bid Bonds: The original bid bond shall be sent to the Contracting Agency and postmarked no later than the day of bid opening. Original bid bonds will be delivered to: City of Tacoma Procurement & Payables Division Tacoma Public Utilities P.O. Box 11007 Tacoma, WA 98411-0007 Pre-Proposal Meeting: A pre-proposal meeting will be held virtually using Microsoft TEAMs on Tuesday, February 16, 2021, at 2:00 p.m. Email Doreen Klaaskate, Senior Buyer, at dklasskate@cityoftacoma.org to request meeting invite. A site showing will be conducted on Wednesday, February 17, 2021, at 10:00 a.m. Project Scope: Repair and upgrade of the Cowlitz Salmon Hatchery barrier dam. Estimate: $10 - $15 million Paid Leave and Minimum Wage: Effective February 1, 2016, the City of Tacoma requires all employers to provide paid leave and minimum wages, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit www.cityoftacoma.org/employmentstandards. 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 mailto:dklasskate@cityoftacoma.org http://www.cityoftacoma.org/employmentstandards Form No. SPEC-040C Revised: 01/20/2021 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. Federal 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 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 Doreen Klaaskate, Senior Buyer by email to dklaaskate@cityoftacoma.org Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, specifies procedures for protests submitted prior to and after submittal deadline. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468. mailto:ghimes@cityoftacoma.org http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ Bidder CkLst.dot Rev. 11/13/18 BIDDER'S CHECK LIST The bidder's attention is especially called to the following forms which must be submitted with your bid: (a) Schedule of bid price. The unit/lump sum prices bid must be shown in the space provided. (b) Signature page. To be completed and signed by the bidder. (c) Certification of Compliance with Wage Payment Statutes (d) Proposal data sheets (required when included in the proposal). (e) Contractor's Record of Prior Contracts (required/not required). (f) List of Equipment (required/not required). (g) State Responsibility and Reciprocal Bid Preference Form (required/not required). (h) Retainage Options (i) Bid bond or certified check (for construction contracts only). Each bid must be accompanied by a certified or cashier's check for 5-percent of the total amount bid, or an approved bid bond by a surety company authorized to do business in the State of Washington. See General Provisions 1.03. (j) Subcontractor List (applicable only for construction contracts of $1,000,000 and over). (k) CONSTRUCTION CONTRACTS: Bid proposals for contractor labor must include fully completed "SBE Utilization Form", "Prime Contractors Pre-Work Form", and “Subcontractors Pre-Work Form”. NON-CONSTRUCTION CONTRACTS: Bid proposals for material and services must include fully completed "Prime Contractor Pre-Work Form". (l) “Submittals Required with Bid” as are listed in the Special Provisions Section 01300 – Submittals and Shop Drawings (for construction contracts) or Submittals Section (for supply contracts). The following forms are to be executed after the contract is awarded: (a) Contract This agreement is to be executed by the successful bidder. (b) Performance and Payment Bonds (required/not required). To be executed by the successful bidder and his surety company, and countersigned by a local resident agent of said surety company. (c) Contractor's Work Hazard Analysis Report (for construction contracts only) (d) General Release to the City of Tacoma (for construction contracts only). To be executed by the successful bidder upon completion of work and prior to the receipt of the final payment. Bidder CkLst.dot Rev. 11/13/18 LETTERS AND CALLS All information requested prior to the bid opening is subject to the limitations in Paragraph 1.02 of the General Provisions. Address all letters to the Department of Public Utilities, P. O. Box 11007, Tacoma, Washington 98411. For questions regarding General Provisions, Special or Technical Provisions, direct attention to Doreen Klaaskate, Senior Buyer, dklaaskate@cityoftacoma.org. For letters and calls regarding the EIC Program, direct attention to the EIC Program Coordinator at 253-591-5224 for calls, and to EIC/Community & Economic Development, Tacoma Municipal Building, 747 Market Street, Tacoma, Washington 98402, for letters. For letters and calls regarding the LEAP Program, direct attention to the LEAP Coordinator at 253-594-7933 for calls, and to LEAP/ Community & Economic Development, Tacoma Municipal Building, 747 Market Street, Tacoma, Washington 98402, for letters. All letters shall indicate the title and specification number (prior to award) or title and contract number (following award). mailto:dklaaskate@cityoftacoma.org Revised: 07/29/2020 Page 1 of 4 CITY OF TACOMA FINANCE/PURCHASING DIVISION SPECIAL NOTICE TO BIDDERS Public works and improvement projects for the City of Tacoma are subject to Washington state law and Tacoma Municipal Code, including, but not limited to the following: I. STATE OF WASHINGTON A. RESPONSIBILITY CRITERIA – STATE OF WASHINGTON In order to be considered a responsible bidder the bidder must meet the following mandatory state responsibility criteria contained in RCW 39.04.350: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW and; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). 5. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW and must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. B. RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS: Effective March 30, 2012, RCW 39.04.380 imposes a reciprocal preference for resident contractors. Any bid received from a non-resident contractor from a state that provides an in- state percentage bidding preference is subject application of a comparable percentage disadvantage. A non-resident contractor from a state that provides an in-state percentage bidding preference means a contractor that: 1. Is from a state that provides a percentage bid preference to its resident contractors bidding on public works projects, and 2. Does not have a physical office located in Washington at the time of bidding on the City of Tacoma public works project. The state of residence for a non-resident contractor is the state in which the contractor was incorporated, or if not a corporation, the state in which the contractor’s business entity was formed. Revised: 07/29/2020 Page 2 of 4 The City of Tacoma will evaluate all non-resident contractors for an out of state bidder preference. If the state of the non-resident contractor provides an in state contractor preference, a comparable percentage disadvantage will be applied to the non-resident contractor’s bid prior to contract award. The responsive and lowest and best responsible bidder after application of any non-resident disadvantage will be awarded the contract. The reciprocal preference evaluation does not apply to public works procured pursuant to RCW 39.04.155, RCW 39.04.280, federally funded competitive solicitations where such agencies prohibit the application of bid preferences, or any other procurement exempt from competitive bidding. Bidders must provide the City of Tacoma with their state of incorporation or the state in which the business entity was formed and include whether the bidder has a physical office located in Washington. The bidder shall submit documentation demonstrating compliance with above criteria on the enclosed State Responsibility and Reciprocal Bidder Information form. C. SUBCONTRACTOR RESPONSIBILITY 1. The Contractor shall include the language of this subcontractor responsibility section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; c. If applicable, have: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW and; 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). Revised: 07/29/2020 Page 3 of 4 II. CITY OF TACOMA A. SUPPLEMENTAL RESPONSIBILITY CRITERIA – CITY OF TACOMA: In order to be considered a responsible bidder, the prospective bidder shall have all of the following qualifications set forth in Tacoma Municipal Code 1.06.262: 1. Adequate financial resources or the ability to secure such resources; 2. The necessary experience, stability, organization and technical qualifications to perform the proposed contract; 3. The ability to comply with the required performance schedule, taking into consideration all existing business commitments; 4. A satisfactory record of performance, integrity, judgment and skills; and 5. Be otherwise qualified and eligible to receive an award under applicable laws and regulations. a. Bidder Responsibility. Bidders shall not be in violation of 39.04.350 RCW Bidder Responsibility Criteria - Supplemental Criteria. In addition to the mandatory bidder responsibility criteria listed immediately above, the City may, in addition to price, consider any or all of the following criteria contained in Tacoma Municipal Code Chapter 1.06.262 in determining bidder responsibility: 1. The ability, capacity, experience, stability, technical qualifications and skill of the respondent to perform the contract; 2. Whether the respondent can perform the contract within the time specified, without delay or interference; 3. Integrity, reputation, character, judgment, experience, and efficiency of the respondents, including past compliance with the City’s Ethics Code; 4. Quality of performance of previous contracts; 5. Previous and existing compliance with laws and ordinances relating to contracts or services; 6. Sufficiency of the respondent’s financial resources; 7. Quality, availability, and adaptability of the supplies, purchased services or public works to the particular use required; 8. Ability of the respondent to provide future maintenance and service on a timely basis; 9. Payment terms and prompt pay discounts; 10. The number and scope of conditions attached to the submittal; 11. Compliance with all applicable City requirements, including but not limited to the City's Ethics Code and its Small Business Enterprise and Local Employment and Apprenticeship programs; 12. Other qualification criteria set forth in the specification or advertisement that the appropriate department or division head determines to be in the best interests of the City. The City may require bidders to furnish information, sworn or certified to be true, to demonstrate compliance with the City responsibility criteria set forth above. If the city manager or director of utilities is not satisfied with the sufficiency of the information provided, or if the prospective respondent does not substantially meet all responsibility requirements, any submittal from such respondent must be disregarded. Revised: 07/29/2020 Page 4 of 4 B. ADDITIONAL SUPPLEMENTAL CRITERIA C. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division 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. D. DETERMINATION OF BIDDER RESPONSIBILITY If the City determines the bidder does not meet the criteria above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees, the bidder may appeal the determination in a manner consistent with the City’s Protest Policy. Appeals are coordinated by the Purchasing Division heard by the Procurement and Payables Division manager for contracts less than or equal to $500,000 and by Contracts and Awards Board for contracts greater than $500,000. mailto:bids@cityoftacoma.org Form No. SPEC-080A Revised: 04/07/2020 SIGNATURE PAGE DEPARTMENT OF PUBLIC UTILITIES/TACOMA POWER All submittals must be in ink or typewritten, executed by a duly authorized officer or representative of the bidding/proposing entity, and received and time stamped as directed in the Request for Bids page near the beginning of the specification. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. REQUEST FOR BIDS SPECIFICATION NO. PG20-0314F Cowlitz Falls Barrier Dam Repair Project The undersigned bidder/proposer hereby agrees to execute the proposed contract and furnish all materials, labor, tools, equipment and all other facilities and services in accordance with these specifications. The bidder/proposer agrees, by submitting a bid/proposal under these specifications, that in the event any litigation should arise concerning the submission of bids/proposals or the award of contract under this specification, Request for Bids, Request for Proposals or Request for Qualifications, the venue of such action or litigation shall be in the Superior Court of the State of Washington, in and for the County of Pierce. NON-COLLUSION DECLARATION The undersigned bidder/proposer hereby certifies under penalty of perjury that this bid/proposal is genuine and not a sham or collusive bid/proposal, or made in the interests or on behalf of any person or entity not herein named; and that said bidder/proposer has not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham bid/proposal or any person or entity to refrain from submitting a bid/proposal; and that said bidder/proposer has not, in any manner, sought by collusion to secure to itself an advantage over any other contractor(s) or person(s). Bidder/Proposer’s Registered Name Address City, State, Zip E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 Signature of Person Authorized to Enter Date into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor’s License Number (See Ch. 18.27, R.C.W.) Addendum acknowledgement #1____ #2____ #3____ #4____ #5____ THIS PAGE MUST BE SIGNED AND RETURNED WITH SUBMITTAL City of Tacoma (PG20-0314F) Contractor Name __________________________ Revised 7/12/17 2 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (February 5, 2021) that the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Bidder Signature of Authorized Official* Printed Name Title Date City State Check One: Individual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, the state where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. Revised 7/12/17 3 (PG20-0314F) Name of Bidder State Responsibility and Reciprocal Bid Preference Information Certificate of registration as a contractor (must be in effect at the time of bid submittal): Number: Effective Date: Expiration Date: Current Washington Unified Business Identifier (UBI) number: Number: Do you have industrial insurance (workers' compensation) coverage for your employees working in Washington? Yes No Not Applicable Washington Employment Security Department number: Number: Not Applicable Washington Department of Revenue state excise tax registration number: Number: Not Applicable Have you been disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3)? Yes No If yes, provide an explanation of your disqualification on a separate page. Do you have a physical office located in the State of Washington? Yes No If incorporated, in what state were you incorporated? State: Not Incorporated If not incorporated, in what state was your business entity formed? State: Have you completed the training required by RCW 39.04.350, or are you on the list of exempt businesses maintained by the Department of Labor and Industries? Yes No Revised 7/12/17 4 (PG20-0314F) Name of Bidder PROPOSAL QUANTITY BID UNIT UNIT COST TOTAL COST ITEM 1 Mobilization/Demobilization LS $____________ ITEM 2 Temporary Environmental Controls LS $____________ ITEM 3 Control of Water LS $____________ ITEM 4 Concrete Reinforcing Steel 54,700 LB $____________ $____________ ITEM 5 Surface Prep, Weir Infill Section LS $____________ ITEM 6 Surface Prep, Non-Weir Infill Areas 100 SF $____________ $____________ ITEM 7 Cast-In-Place Concrete 1,057 CY $____________ $____________ ITEM 8 Concrete Repair 100 CY $____________ $____________ ITEM 9 Metal Fabrications LS $____________ ITEM 10 Electrical Conduit LS $____________ ITEM 11 Clearing and Grubbing LS $____________ ITEM 12 Erosion & Sediment Control LS $____________ ITEM 13 Gravel Augmentation 6,800 TON $____________ $____________ ITEM 14 Chemical Grout Crack Repair 3 EA $____________ $____________ Revised 7/12/17 5 (PG20-0314F) Name of Bidder PROPOSAL QUANTITY BID UNIT UNIT COST TOTAL COST ITEM 15 Chemical Grout Materials 50 CF $____________ $____________ ITEM 16 Upstream Underwater Fill 240 TON $____________ $____________ ITEM 17 *Force Account $ 800,000 *Bidders shall include the $800,000 figure as part of their overall bid. TOTAL ITEMS 1 - 17 $____________ **Sales Tax @ .078 $____________ TOTAL AMOUNT $____________ NOTE TO BIDDERS A pre-bid meeting will be held virtually via TEAMs on Tuesday, February 16, 2021, at 2:00 p.m.. Please confirm your attendance with Ms. Doreen Klaaskate, at dklaaskate@cityoftacoma.org. A site showing will be held on Wednesday, February 17, 2021. If you are unable to attend this meeting, please call the EIC (Equity In Contracting) Office at 253-591-5224 and/or the LEAP (Local Employment and Apprenticeship Program), at 253-591- 5826, for instructions in filling out the EIC/LEAP forms (if applicable) or for questions concerning these requirements. Revised: 07/12/17 6 (PG20-0314F) CONTRACTOR'S RECORD OF PRIOR CONTRACTS NAME ADDRESS Beginning Date Completion Date Contract With Contact Person Telephone # Amount of Contract REMARKS: Revised: 07/12/17 7 (PG20-0314F) Name of Bidder LIST OF EQUIPMENT Following is a list to be filled in by the bidder, showing equipment definitely available for use on the proposed work as required. (Give quantity, description, size or capacity, condition and present location of each item of equipment.) TACOMA POWER / GENERATION SUBSTITUTION REQUEST FORM **This request shall be submitted to engineer listed below per Specification Submittals and Shop Drawings Section (Construction) or Substitutions Section (Supply). Substitution requests not received by the engineer will not be considered.** Substitution Request Form.docx Page 1 Rev. 7/9/14 TO: Tacoma Power/Generation ATTN: Tim Nordstrom Date: 3628 South 35th Street Tacoma WA 98409 Fax: 253-502-8136 PROJECT: PG20-0314F Cowlitz Falls Barrier Dam Repair Project Transmittal No. (Specification/Name/Contract No., if applicable) We hereby submit for consideration, the following product instead of the specified item for the above project: Specification Section: Specified Item: Proposed Substitution: NOTES: Attach complete technical data, including laboratory tests and samples as applicable. Provide a detailed comparison of the significant qualities (size, weight, durability, performance and similar characteristics, and including visual effect, where applicable) for the proposed substitution in comparison with the original requirements. List completely, installation changes and changes to drawings and specifications required by the proposal. FILL IN BLANKS BELOW: A. Does substitution require change in drawing dimensions? Yes No If yes, provide detail: B. Will undersigned pay for resulting building design changes including engineering/detailing costs? Yes No C. What effect does substitution have on other trades? D. Difference between proposed substitution and specified item? E. Manufacturer’s guarantees of proposed and specified items are? Same Different* *Explain differences on attachment(s). F. Are maintenance/service parts locally (within 50 miles) available for proposed substitution? Yes No G. Will the proposed substitution have any effect on compliance with applicable codes? Yes No If yes, explain: H. Name and address and current phone number the Project Lead for three (3) similar projects where the proposed product was used, along with the Project name and date of installation: 1. 2. 3. I. Contract completion date is? Same Different* *Explain differences on attachment(s). TACOMA POWER / GENERATION SUBSTITUTION REQUEST FORM **This request shall be submitted to engineer listed below per Specification Submittals and Shop Drawings Section (Construction) or Substitutions Section (Supply). Substitution requests not received by the engineer will not be considered.** Substitution Request Form.docx Page 2 Rev. 7/9/14 Undersigned attests function and quality equivalent or superior to specified item and waives their rights to additional payment and time which may subsequently be necessitated by failure of the substitution to perform adequately, and for the required work to make corrections thereof. SUBMITTED BY: FOR USE BY TACOMA POWER: Accepted Accepted as Noted Name Not Accepted Received Too Late By: Firm (Project Lead/Manager) Signature: Address Date: City, State, Zip REMARKS: Phone No. Signature Date Form No. SPEC-090A Revised: 08/2004 Herewith find deposit in the form of a cashier’s check in the amount of $__________________ which amount is not less than 5-percent of the total bid. SIGN HERE__________________________________ BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ______________________________________________________________, as Principal, and ______________________________________________________________________, as Surety, are held and firmly bound unto the City of Tacoma, as Obligee, in the penal sum of __________________ _________________________________________________ dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS _______________ DAY OF __________________, 20______. PRINCIPAL: SURETY: __________________, 20______ Received return of deposit in the sum of $ _______________________________________________ ___________________________ G:pur-comm\Forms\Subcontractor List.doc List of Subcontractor Categories of Work Project Name ___________________________________________________________________ Subcontractor(s) that are proposed to perform the work of heating, ventilation and air conditioning, and/or plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. This information must be submitted with the bid proposal or within one hour of the published bid submittal time via email to bids@cityoftacoma.org. Subcontractor(s) that are proposed to perform the work of structural steel installation and/or rebar installation must be listed below. This information must be submitted with the bid proposal or within forty-eight hours of the published bid submittal time via email to bids@cityoftacoma.org. Failure to list subcontractors or naming more than one subcontractor to perform the same work will result in your bid being non-responsive. Contractors self-performing must list themselves below. The work to be performed is to be listed below the subcontractor(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name _____________________________________________________________ Work to be Performed _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Subcontractor Name _____________________________________________________________ Work to be Performed _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Subcontractor Name _____________________________________________________________ Work to be Performed _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Subcontractor Name _____________________________________________________________ Work to be Performed _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Subcontractor Name _____________________________________________________________ Work to be Performed _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ RMARTIN Text Box Cowlitz Falls Barrier Dam Repair Project (Specification PG20-0314F) CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PG20-0314F Template Revised 10/3/2019 Page 1 of 6 The Contractor (Contractor) shall maintain at least the minimum insurance set forth below. By requiring such minimum insurance, the City of Tacoma shall not be deemed or construed to have assessed the risk that may be applicable to Contractor under this Contract. Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) of every tier performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements applicable to Contractor and Contractor’s Subcontractor(s): 1.1. City of Tacoma reserves the right to approve or reject the insurance provided based upon the insurer, terms and coverage, the Certificate of Insurance, and/or endorsements. 1.2. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by City of Tacoma. 1.3. Contractor shall keep this insurance in force during the entire term of the Contract and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.4. Insurance policies required under this Contract that name “City of Tacoma” as Additional Insured shall: 1.4.1. Be considered primary and non-contributory for all claims. 1.4.2. Contain a “Separation of Insured provision and a “Waiver of Subrogation” clause in favor of City of Tacoma. 1.5. Section 1.4 above does not apply to contracts for purchasing supplies only. 1.6. Verification of coverage shall include: 1.6.1. An ACORD certificate or equivalent. 1.6.2. Copies of all endorsements naming the City of Tacoma as additional insured and showing the policy number. 1.6.3. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. 1.7. Liability insurance policies, with the exception of Professional Liability and Workers’ Compensation, shall name the City of Tacoma and its officers, elected officials, employees, agents, and authorized volunteers as additional insured. 1.7.1. No specific person or department should be identified as the additional insured. 1.7.2. All references on certificates of insurance and endorsements shall be listed as “City of Tacoma”. 1.7.3. The City of Tacoma shall be additional insured for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PG20-0314F Template Revised 10/3/2019 Page 2 of 6 37 04 13 or the equivalent for the full available limits of liability maintained by the Contractor irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract and irrespective of whether the Certificate of Insurance describes limits lower than those maintained by the Contractor. 1.8. Contractor shall provide a Certificate of Insurance for each policy of insurance meeting the requirements set forth herein when Contractor provides the signed Contract for the work to City of Tacoma. Contractor shall provide copies of any applicable Additional Insured, Waiver of Subrogation, and Primary and Non-contributory endorsements. Contract or Permit number and the City Department must be shown on the Certificate of Insurance. 1.9. Insurance limits shown below may be written with an excess policy that follows the form of an underlying primary liability policy or an excess policy providing the required limit. 1.10. Liability insurance policies shall be written on an “occurrence” form, except for Professional Liability/Errors and Omissions, Pollution Liability, and Cyber/Privacy and Security 1.11. If coverage is approved and purchased on a “Claims-Made” basis, Contractor warrants continuation of coverage, either through policy renewals or by the purchase of an extended reporting period endorsement as set forth below. 1.12. The insurance must be written by companies licensed or authorized in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best's Key Rating Guide www.ambest.com. 1.13. Contractor shall provide City of Tacoma notice of any cancellation or non-renewal of this required insurance within Thirty (30) calendar days. 1.14. Contractor shall not allow any insurance to be cancelled or lapse during any term of this Contract, otherwise it shall constitute a material breach of the Contract, upon which City of Tacoma may, after giving Five (5) business day notice to Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith; with any sums so expended to be repaid to City of Tacoma by Contractor upon demand, or at the sole discretion of City of Tacoma, offset against funds due Contractor from City of Tacoma. 1.15. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.16. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services has changed. http://www.ambest.com/ CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PG20-0314F Template Revised 10/3/2019 Page 3 of 6 1.17. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made by City of Tacoma to Contractor. 1.18. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.19. Failure by City of Tacoma to identify a deficiency in the insurance documentation provided by Contractor or failure of City of Tacoma to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.20. If Contractor is a State of Washington or local government and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. 2. CONTRACTOR As used herein, "Contractor" shall be the Supplier(s) entering a Contract with City of Tacoma, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise. 3. SUBCONTRACTORS It is Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage. Contractor shall provide evidence of such insurance upon City of Tacoma’s request. 4. REQUIRED INSURANCE AND LIMITS The insurance policies shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve Contractor from liability in excess of such limits. 4.1 Commercial General Liability Insurance Contractor shall maintain Commercial General Liability Insurance policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. The Commercial General Liability Insurance policy shall be written on an Insurance Services Office form CG 00 01 04 13 or its equivalent. Products and Completed Operations shall be maintained for a period of three years following Substantial Completion of the Work related to performing construction services. This policy shall include product liability especially when a Contract solely is for purchasing supplies. The Commercial General Liability policy shall be endorsed to include: 4.1.1 A per project aggregate policy limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. 4.2 Marine General Liability Insurance Contractor shall maintain Marine General Liability Insurance with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) in the aggregate. Products and Completed Operations shall be maintained for a period of three years following CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PG20-0314F Template Revised 10/3/2019 Page 4 of 6 Substantial Completion of the Work. Marine General Liability Insurance policy cannot exclude non-owned watercraft and shall be endorsed to include: 4.2.1 A per project aggregate policy limit. 4.2.2 Personal/Advertising Injury. 4.2.3 4.3 Protection and Indemnity Insurance Contractor shall maintain Protection and Indemnity Insurance with limits of liability not less than One Million Dollars ($1,000,000) each occurrence and One Million Dollars ($1,000,000) in the aggregate. This insurance must cover all claims with respect to injuries or damages to persons or property, arising out of the use, operation or ownership of boats, ships, or vessels. 4.4 Commercial (Business) Automobile Liability Insurance Contractor shall maintain Commercial Automobile Liability policy with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage and bodily injury and property damage coverage for owned (if any), non-owned, hired, or leased vehicles. Commercial Automobile Liability Insurance shall be written using ISO form CA 00 01 or equivalent. Contractor must also maintain an MCS 90 endorsement or equivalent and a CA 99 48 endorsement or equivalent if “Pollutants” are to be transported. 4.5 Workers' Compensation 4.5.1 Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. The Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 4.6 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 4.7 Professional Liability Insurance or Errors and Omissions Contractor and/or its subcontractor shall maintain Professional Liability or Errors and Omissions with limits of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate covering acts, errors and omissions arising out of the professional services under this Contract. If the policy limit includes the payment of claims or defense costs, from the policy limit, the per claim limit shall be Two Million Dollars ($2,000,000). If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability policy shall include Pollution Liability coverage. If provided on a “claims-made” basis, such coverage shall be maintained by policy renewals or an extended reporting period endorsement for not less than three years following the end of the Contract. 4.8 Excess or Umbrella Liability Insurance Contractor shall provide Excess or Umbrella Liability Insurance with limits not less than Ten Million Dollars ($10,000,000) per occurrence and in the aggregate. This coverage shall apply, at a minimum, in excess of primary underlying Commercial General Liability, Employer’s Liability, Pollution Liability, Marine General Liability, Protection and Indemnity, and Automobile Liability if required herein. CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PG20-0314F Template Revised 10/3/2019 Page 5 of 6 4.9 Pollution Liability Insurance Contractor shall maintain a Pollution Liability or Environmental Liability Insurance providing coverage, including investigation and defense costs, for bodily injury and property damage, including loss of use of damaged property or of property that has been physically damaged or destroyed. Such coverage shall provide both on-site and off-site cleanup costs and cover gradual and sudden pollution, and include in its scope of coverage the City of Tacoma damage claims for loss arising out of Contractor’s work with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate. This policy shall include Environmental Resource Damage coverage and Hazardous Substance Removal. If such coverage is provided on a “claims-made” basis, the following additional conditions must be met: 4.9.1 The policy must contain no retroactive date, or the retroactive date must precede the commencement date of this Contract. 4.9.2 The extended reporting period (tail) must be purchased to cover a minimum of Six (6) years beyond completion of work. 4.10 Installation Floater Insurance Contractor shall maintain during the term of the Contract, at its own expense, Installation Floater Insurance covering Contractor's labor, materials, and equipment to be used for completion of the work performed under this Contract against all risks of direct physical loss, excluding earthquake and flood, for an amount equal to the full amount of the Contract improvements. 4.11 Builder's Risk Insurance Contractor shall maintain during the term of the Contract and until final acceptance of the work by the City of Tacoma, a policy of Builder’s Risk Insurance providing coverage for all- risk of physical injury to all structures to be constructed according to the Contract. City of Tacoma shall be included as a named insured (not named as additional insured) on the policy. Builder’s Risk Insurance policy shall: 4.11.1 Have a deductible of no more than Five Thousand Dollars ($5,000) for each occurrence, the payment of which will be the responsibility of Contractor. Any increased deductibles accepted by City of Tacoma will remain the responsibility of Contractor. 4.11.2 Be on an ISO Special Form Causes of Loss or equivalent and shall insure against the perils flood, earthquake, theft, vandalism, malicious mischief, and collapse. 4.11.3 Include coverage for temporary buildings, debris removal, and damage to materials in transit or stored off-site. 4.11.4 Be written in the amount of the completed value of the structures, with no coinsurance provisions exposure on the part of Contractor or City of Tacoma. 4.11.5 Contain a Waiver of Subrogation provision whereby each insured waives their subrogation rights to the extent the loss is covered by this insurance. 4.11.6 Grant permission to occupy, allowing the building or structure to be partially occupied prior to completion, without detrimental effect to the coverage provided. 4.11.7 Include coverage for the testing and startup of the building’s operating systems. 4.11.8 Include coverage for City of Tacoma’s loss of use or business interruption arising out of a covered loss which delays completion. CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: PG20-0314F Template Revised 10/3/2019 Page 6 of 6 4.11.9 Include resultant damage coverage for loss due to faulty workmanship and defective material. Contractor and City of Tacoma waive all rights against each other, their respective subcontractors, agents, and representatives for damages caused by fire or other perils to the extent covered by Builder’s Risk Insurance or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. 4.12 Owners and Contractors Protective Liability Insurance Contactor shall maintain during the performance of all work pursuant to the Contract, an ISO form Owners and Contractors Protective Liability policy, on which City of Tacoma shall be a named insured. Said policy shall provide coverage for bodily injury and property damage arising from the work to be performed under the Contract, and shall have policy limits of no less than Ten Million Dollars ($10,000,000) combined single limit of liability with a dedicated aggregate limit of no less than Ten Million Dollars ($10,000,000). 4.13 Other Insurance Other insurance may be deemed appropriate to cover risks and exposures related to the scope of work or changes to the scope of work required by City of Tacoma. The costs of such necessary and appropriate Insurance coverage shall be borne by Contractor. TACOMA PUBLIC UTILITIES CONTRACTOR'S WORK HAZARD ANALYSIS REPORT for (Project Name) The contractor and his/her subcontractors shall thoroughly review the scope of work described in the proposed project drawings and specifications. Following the review, the contractor will be responsible to indicate below any known or potential safety issues or phases of construction that may require specific safety procedures as identified by WISHA or OSHA regulations, and/or prudent construction practices; i.e., shoring, fall protection, scaffolding, hazardous materials, etc. Failure to list and comply with safety requirements will be cause for disqualification from future Utilities contracts. A copy of this report shall be posted at the job site at all times. If, during the course of construction, other safety requirements are identified, they will be added to this report as an addendum. The contractor will be required to adhere to the recommended actions and/or controls identified in the addendum. SAFETY ISSUES/CONCERNS* HAZARDS RECOMMENDED ACTION AND/OR CONTROLS 1. 2. 3. 4. 5. 6. 7. 8. 9. *USE A SEPARATE SHEET IF MORE ROOM IS NEEDED Contractor Name and Title Date Job Site Superintendent Date Company Officer Signature JOB HAZARDOUS ANALYSIS.DOC RMARTIN Text Box Cowlitz Falls Barrier Dam Repair Project (Specification PG20-0314F) Form No. SPEC-100A 10/05/2018 Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory performance bond shall become null and void, if and when the principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal’s obligations under the Contract and fulfill al l terms and conditions of all duly authorized modifications, additions and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increase. If the City shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgement, shall pay all costs and attorney’s fees incurred by the City in enforcement of its rights hereunder. Venue for any action arising out of in in connection with this bond shall be in Pierce County, Washington. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. One original bond shall be executed, and signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Approved as to form: Principal: Enter Vendor Legal Name Deputy City Attorney By: Surety: By: Agent’s Name: Agent’s Address: PERFORMANCE BOND TO THE CITY OF TACOMA Sa mp le Form No. SPEC-100B 10/05/2018 Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of, $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW 39.08, 39.12, and 60.28, including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract shall in any way affect its obligation on this bond, and waivers notice of any changes, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. No suit or action shall be commenced hereunder by any claimant unless claimant shall have given the written notices to the City, and where required, the Contractor, in accordance with RCW 39.08.030. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of claims which may be properly filed in accordance with RCW 39.08 whether or not suit is commenced under and against this bond. If any claimant shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgment and attorney fees as provided by RCW 39.08.030, shall also pay such costs and attorney fees as may be incurred by the City as a result of such suit. Venue for any action arising out of or in connection with this bond shall be in Pierce County, WA. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. PAYMENT BOND TO THE CITY OF TACOMA Sa mp le Form No. SPEC-100B 10/05/2018 Resolution No. Bond No. Specification No. Contract No. One original bond shall be executed, and be signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Approved as to form: Principal: Enter Vendor Legal Name Deputy City Attorney By: Surety: By: Agent’s Name: Agent’s Address: Sa mp le Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 06/21/2019 Page 1 of 2 CONTRACT ___________________ Resolution No. Contract No. This Contract is made and entered into effective this day of ,20 , (“Effective Date”) by and between the City of Tacoma, a Municipal Corporation of the State of Washington (“City”), and legal name of Supplier including type of business entity (“Contractor”). That in consideration of the mutual promises and obligations hereinafter set forth the Parties hereto agree as follows: I. Contractor shall fully execute and diligently and completely perform all work and provide all services and deliverables described herein and in the items listed below each of which are fully incorporated herein and which collectively are referred to as “Contract Documents”: 1. Specification No. Enter Spec Number and Enter Spec Title together with all authorized addenda. 2. Contractor’s submittal (or specifically described portions thereof) dated Enter Submittal Date submitted in response to Specification No. Enter Spec Number and Enter Spec Title. 3. Describe with specific detail and list separately any other documents that will make up the contract (fee schedule, work schedule, authorized personnel, etc.) or any other additional items mutually intended to be binding upon the parties. Delete this highlighted sentence, paragraph II and sub-bullets #1 and #2 if there are no additional attachments to the contract (attachments would be things other than a specific, contract, or bonds). II. In the event of a conflict or inconsistency between the terms and conditions contained in this document entitled Contract and any terms and conditions contained the above referenced Contract Documents the following order of precedence applies with the first listed item being the most controlling and the last listed item the least controlling: 1. Contract 2. List remaining Contract Documents in applicable controlling order. III. The Contract terminates on xxxxx. {May remove if not applicable] IV. The total price to be paid by City for Contracts full and complete performance hereunder may not exceed: $ , plus any applicable taxes. V. Contractor agrees to accept as full payment hereunder the amounts specified herein and in Contract Documents, and the City agrees to make payments at the times and in the manner and upon the terms and conditions specified. Except as may be otherwise provided herein or in Contract Documents Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work and providing the services and deliverables required by this Contract. VI. The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card (aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House (ACH), then check or other cash equivalent. CONTRACTOR may be required to have the capability of accepting the City’s ePayables or credit card methods of payment. The City of Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or credit card is used. The City, in its sole discretion, will determine the method of payment for this Contract. VII. Failure by City to identify a deficiency in the insurance documentation provided by Contractor or failure of City to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. VIII. Contractor acknowledges, and by signing this Contract agrees, that the Indemnification provisions set forth in the controlling Contract Documents, including the Industrial Insurance immunity waiver (if applicable), are totally and fully part of this Contract and, within the context of the competitive bidding laws, have been mutually negotiated by the Parties hereto. Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 06/21/2019 Page 2 of 2 IX. Contractor and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the requirements contained herein and in Contract Documents. X. It is further provided that no liability shall attach to City by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the Parties hereto have accepted and executed, as of the Effective Date stated above, which shall be Effective Date for bonding purposes as applicable. CITY OF TACOMA: CONTRACTOR: By: By: (City of Tacoma use only - blank lines are intentional) Director of Finance: ______________________________________________________________ City Attorney (approved as to form): _________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ TACOMA POWER, GENERATION SECTION CONTRACTOR PERFORMANCE REVIEW (FOR INTERNAL RECOMMENDATION PURPOSES) Project: Spec. # Location: Contractor: (Use separate sheet for each sub-contractor) Engineer: Inspector: EVALUATION Rate Each Area: EXCELLENT - 3 GOOD - 2 ACCEPTABLE - 1 INADEQUATE - 0 1. Safety 7. Quality of Supervisor 2. Quality of Work 8. Site Management 3. Overall Rating 9. Adequate Equipment 4. Communication/Coordination 10. Adequate Personnel on Site 5. Communication/Coordination 11. Was Project Completed with Office on Time (Y/N) 6. Supervision on Site 12. Would You Recommend this Contractor Work for Us Again (Y/N) Comments (Required if Rated Below Acceptable) Input by Review No. Date REVIEW2.DOC RMARTIN Text Box RMARTIN Text Box Cowlitz Falls Barrier Dam Repair Project RMARTIN Text Box PG20-0314F *NOTE: ORIGINAL RELEASE WILL BE MAILED TO THE CONTRACTOR AT THE END OF THIS PROJECT* GENERAL RELEASE TO THE CITY OF TACOMA ____________ The undersigned, named as the contractor in a certain agreement between ((CCOONNTTRRAACCTTOORR)) and the City of Tacoma, dated _________ 20 , hereby releases the City of Tacoma, its departmental officers, employees, and agents from any and all claim or claims known or unknown, in any manner whatsoever, arising out of, or in connection with, or relating to said contract, excepting only the equity of the undersigned in the amount now retained by the City of Tacoma under said contract, to-wit: the sum of $_____________ Signed at Tacoma, Washington this ______________ day of _____________________, 20 . ______________________________ Contractor By ____________________________________ Title ___________________________________ 05/2020 LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM (LEAP) INSTRUCTIONS AND GOAL FORM LEAP REQUIREMENTS & PROCEDURES: The LEAP office enforces post-award mandatory requirements. Bidders do not have to submit any information in the bid submittal package to be in compliance with LEAP. Post-award Submittals:  Prime Contractor LEAP Utilization Plan - This form is to be completed and presented at the Pre- Construction Meeting.  LEAP Apprentice Verification Form - This form is to be completed for every qualifying Apprentice employee. The forms above, LEAP Program Requirements, and all related LEAP documents can be accessed on the City of Tacoma LEAP website by navigating to LEAP Forms at the following link: http://cityoftacoma.org/leap. The City of Tacoma’s LEAP office enforces two mandatory goals on City projects above certain monetary thresholds. The Local Employment Utilization Goal requires the Prime Contractor performing a qualifying public works project to ensure that 15 percent of the total labor hours worked on the project are performed by residents of the City of Tacoma or Economically Distressed Areas of the Tacoma Public Utilities Service Area. The Apprentice Utilization Goal requires the Prime Contractor performing a qualifying public works project to ensure that 15 percent of the total labor hours worked on the project are performed by Apprentices who are residents of the City of Tacoma or Tacoma Public Utilities Service Area. The accompanying LEAP Regulations, forms, and maps are included in these specifications. *Exceptions: If the project is located outside of the retail service area of the Tacoma Public Utilities Service Area, then Apprentices may come from the county in which the work is performed. This project is above $1 million and is thusly subject to the: 1. 15% Local Employment Utilization Goal 2. 15% Apprentice Utilization Goal LEAP staff can assist contractors in the recruitment, screening and selection of qualified City of Tacoma residents, Economically Distressed Area residents, and Apprentices. Contractors may obtain further information by contacting the City’s LEAP Office at (253) 591-5826. The LEAP Office is located in the Tacoma Municipal Building, 747 Market Street, Room 808, Tacoma, WA 98402. http://cityoftacoma.org/leap 11/2020/CAIII City of Tacoma LEAP Office 747 Market Street, Room 900 Tacoma, WA 98402 Phone (253) 591-5826 FAX (253) 591-5232 LEAP Document Submittal Schedule In the attached packet, you will find the LEAP forms that are required to be submitted by the Prime and Sub Contractors.  LEAP Instructions and Goal Form: brief overview of LEAP Program requirements  Prime Contractor LEAP Utilization Plan: to be submitted at or by the Pre-Construction Meeting (Required by Prime Contractor Only)  LEAP Apprentice Verification Form: to be submitted on an ongoing basis for each qualified Apprentice employee via LCP Tracker  Tacoma Public Utilities Service Area List, Economically Distressed ZIP Codes List: for your reference on LEAP-qualified zoning areas In addition, the LEAP Office will also require from the Prime Contractor and all its Subcontractors:  Weekly Certified Payrolls: to be submitted weekly, biweekly or monthly via LCP Tracker  Document Verification: provide required information when requested from LEAP Office Please submit above documents as instructed by the Project Manager. If you have any questions or request further information, please feel free to contact the City of Tacoma’s LEAP Program at (253) 591-5826, Fax (253) 591-5232, or email carmstrong@cityoftacoma.org. mailto:carmstrong@cityoftacoma.org Chapter 1.90 LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM Sections: 1.90.010 Purpose. 1.90.020 Scope. 1.90.030 Definitions. 1.90.040 LEAP goals. 1.90.050 Repealed. 1.90.060 Effect of program on prime contractor/subcontractor relationship. 1.90.070 Apprentice utilization requirements – Bidding and contractual documents. 1.90.080 Enforcement. 1.90.090 Compliance with applicable law. 1.90.100 Review and reporting. 1.90.105 Authority 1.90.110 Interpretation. 1.90.010 Purpose. The purpose of this Chapter is to establish a means of providing for the development of a trained and capable workforce possessing the skills necessary to fully participate in the construction trades. (Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.020 Scope. The provisions of this Chapter shall apply to all Public Works or Improvements funded in whole or in part with City funds or funds which the City expends or administers in accordance with the terms of a grant. (Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.030 Definitions. As used in this chapter, the following terms shall have the following meanings: A. “Apprentice” shall mean a person enrolled in a course of training specific to a particular construction trade or craft, which training shall be approved by the Washington State Apprenticeship and Training Council established pursuant to RCW 49.04.010. B. “Building Projects” shall mean all Public Works or Improvements having an Estimated Cost greater than $750,000.00, and for which a building permit must be issued pursuant to Chapter 1 of the current edition of the state building code (Uniform Building Code). C. “City” shall mean all divisions and departments of the City of Tacoma, and all affiliated agencies, provided, however, that the Tacoma Community Redevelopment Authority shall not be included within this definition. D. “Civil Projects” shall mean all Public Works or Improvements that are not defined as a “Building Project,” provided that those projects having an Estimated Cost of less than $250,000.00 shall not be included in this definition. E. “Contractor or Service Provider” means a person, corporation, partnership, or joint venture entering into a contract with the City to construct a Public Work or Improvement. F. “Director” shall mean the Director of Community and Economic Development, or the Director’s Designee. G. “Economically Distressed ZIP Codes” shall mean ZIP codes in the Tacoma Public Utilities Service Area that meet two out of three (2/3) of the thresholds of: 1. High concentrations of residents living under 200% of the federal poverty line in terms of persons per acre (69th percentile) 2. High concentrations of unemployed people in terms of persons per acre (45th percentile) 3. High concentrations of people 25 years or older without a college degree in terms of persons per acre (75th percentile) Said thresholds shall be updated within 30 days following any Prevailing Wage updates issued by the Washington State Labor and Industry. All updates are to be published on the first business day in August and in February of each calendar year. H. “Electrical Utility” and “Water Utility” shall mean, respectively, the Light Division of the Department of Public Utilities of the City of Tacoma, and shall include the electrical and telecommunications services of that Division, and the Water Division of the Department of Public Utilities of the City of Tacoma. I. “Estimated Cost” shall mean the anticipated cost of a Public Work or Improvement, as determined by the City, based upon the expected costs of materials, supplies, equipment, and labor, but excluding taxes and contingency funds. J. “Estimated Labor Hours” shall mean the anticipated number of Labor Hours determined by the City to be necessary to construct a Public Work or Improvement and set forth in the specifications for the project, or as may be subsequently revised due to contract or project adjustment, or pursuant to an agreed upon change order. K. “Existing Employee” shall mean an employee whom the Contractor or Service Provider can demonstrate was actively employed by the Contractor or Service Provider for at least 1000 hours in the calendar year prior to bid opening plus one month following bid opening, and who was performing work in the construction trades. L. “Labor Hours” shall mean the actual number of hours worked by workers receiving an hourly wage who are employed on the site of a Public Work or Improvement, and who are subject to state or federal prevailing wage requirements. The term “Labor Hours” shall include hours performed by workers employed by the Contractor or Service Provider and all Subcontractors, and shall include additional hours worked as a result of a contract or project adjustment or pursuant to an agreed upon change order. The term “Labor Hours” shall not include hours worked by workers who are not subject to the prevailing wage requirements set forth in either RCW 39.12 or the Davis-Bacon Act - 40 U.S.C. 276 (a). M. “LEAP Coordinator” shall mean the City of Tacoma staff member who administers LEAP. N. “LEAP Program” or “Program” shall mean the City of Tacoma’s Local Employment and Apprenticeship Training Program, as described in this chapter. O. “LEAP Regulations” or “Regulations” shall mean the rules and practices established in this document. P. “LEAP Utilization Plan” shall mean the document submitted by the Contractor to the LEAP Coordinator which outlines how the associated goals will be met on the project. Q. “Priority Hire Resident” shall mean any resident within the Economically Distressed ZIP Codes. R. “Project Engineer” shall mean the City employee who directly supervises the engineering or administration of a particular construction project subject to this chapter. S. “Public Work or Improvement” shall have the same meaning as provided in Section 39.04.010 RCW, as that Section may now exist or hereafter be amended. T. “Resident of Tacoma” shall mean any person, not defined as a Resident of the Economically Distressed ZIP Codes within the Tacoma Public Utilities Service Area, who continues to occupy a dwelling within the boundaries of the City of Tacoma, has a present intent to continue residency within the boundaries of the City, and who demonstrates the genuineness of that intent by producing evidence that the person’s presence is more than merely transitory in nature. U. “Service Area - Electrical” or “Electrical Service Area” shall mean that area served with retail sales by the Electrical Utility of the City of Tacoma at the time a bid is published by the Electrical Utility for a Public Work or Improvement to be performed primarily for the Electrical Utility. V. “Service Area - Water” or “Water Service Area” shall mean that area served with retail sales by the Water Utility of the City of Tacoma at the time a bid is published by the water utility for a Public Work or Improvement to be performed primarily for the Water Utility. W. “Service Contract” shall mean all City contracts relating to a Public Work or Improvement which utilize labor at a City site and which are not within the exceptions to nor defined as “Building Projects” or “Civil Projects.” X. “Subcontractor” means a person, corporation, partnership, or joint venture that has contracted with the Contractor or Service Provider to perform all or part of the work to construct a Public Work or Improvement by a Contractor. Y. “Tacoma Public Utilities Service Area” shall mean every ZIP code listed by Tacoma Public Utilities as an area that either receives services or maintains infrastructure to provide services. Z. Washington State Labor and Industry Prevailing Wage shall mean the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor & Industries, for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. AA. “Tacoma Public Utilities” means the City of Tacoma, Department of Public Utilities. (Ord. 28147 Ex. B; passed May 7, 2013: Ord. 28110 Ex. C; passed Dec. 4, 2012: Ord. 27815 Ex. A; passed Jun. 30, 2009: Ord. 27368 § 1; passed Jun. 21, 2005: Ord. 26698 § 1; passed Sept. 12, 2000: Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.040 LEAP goals. A. Utilization Goals. 1. All Contractors constructing Civil Projects or Building Projects, and all Service Providers involved with the construction of a Public Work or Improvement, shall ensure that at least 15 percent of the total Labor Hours actually worked on the Project are performed by persons having their residence within the boundaries of the City of Tacoma or Economically Distressed ZIP Codes, whether or not any such person is an Apprentice. a. The thresholds for this section shall be $250,000.00 for Civil Projects and $750,000.00 for Building Projects. 2. Fifteen percent (15%) of the Total Labor Hours on contracts above one-million dollars ($1,000,000.00) shall have work performed by Apprentices who are residents of the Tacoma Public Utilities Service Area consistent with RCW 39.04.320(1)(a), subject to waiver based on exceptions as specified in RCW 39.04.320(2)(a), (b), and (c). 3. Labor Hours performed by non-residents of the State of Washington will be deducted from a project’s total Labor Hours for purposes of determining compliance with the requirements of this chapter. 4. All Contractors and Service Providers shall submit a LEAP Utilization Plan as provided for in the regulations adopted under this chapter, and shall meet with the LEAP Coordinator to review said Plan prior to being issued a Notice to Proceed. Failure to submit a LEAP Utilization Plan may be grounds for the City to withhold remittance of a progress payment until such Plan is received from the responsible Contractor or Provider. A meeting with the LEAP Coordinator prior to issuance of a Notice to Proceed shall be excused only when the LEAP Coordinator is unavailable to meet prior to the scheduled date for issuance of the Notice to Proceed and the Contractor and the LEAP Coordinator have otherwise scheduled a meeting for the coordinator to review the Contractor’s or Provider’s plan. The Contractor or Service Provider shall be responsible for meeting the LEAP utilization goal requirements of the contract, including all amendments and change orders thereto, and shall be responsible for overall compliance for all hours worked by Subcontractors. To the extent possible, the Contractor or Service Provider shall recruit Apprentices from multiple trades or crafts. B. Failure to Meet Utilization Goal. 1. Contracts for the construction of Building projects or Civil Projects and Service Contracts shall provide that Contractors or Service Providers failing to meet the LEAP utilization goals shall be assessed an amount for each hour that is not achieved. The amount per hour shall be based on the extent the Contractor or Service Provider met its goal. The amount per hour that shall be assessed shall be as follows: Percent of Goal Met Assessment per unmet hour 100% $ 0.00 90% - 99% $ 2.00 75% to 89% $ 3.50 50% to 74% $ 5.00 1% to 49% $ 7.50 0% $10.00 When determining the percent of goal that is met, all rounding shall be down to the nearest whole percent. No penalty shall be waived by the City unless it is determined by the Director to be in the best interests of the City, which determination shall be made after consultation with the LEAP Coordinator. 2. Deposit of Assessments. All assessments imposed pursuant to this section shall be deposited into a separate account and utilized to support the City’s pre-apprenticeship and training program. The policies and regulations adopted by the City Manager and Director of Utilities pursuant to this chapter shall address issues pertaining to a Contractor’s existing workforce. Contributions need not be made for Labor Hours that have been adjusted in accordance with Section 1.90.040(E). C. LEAP Reports. Notwithstanding the provisions of TMC 1.90.100, the Director shall, not less than annually, publish a LEAP report setting forth Contractor compliance with this chapter. Said report shall include information on all contracts and all Contractors to which this chapter applies, and shall detail the level and nature of LEAP participation by contract and by Contractor, The Director’s LEAP report may include such other information as may be helpful to assuring fair and accurate representation of the contracts, Contractors or projects covered in the report. The Director’s LEAP reports may be considered by the Board of Contracts and Awards in its determinations as to bidder responsibility. D. LEAP Goal Adjustments. 1. LEAP utilization goals may be adjusted prior to bid opening and/or as a result of a contract amendment or change order on a Building Project, Civil Project, or Service Contract. a. If LEAP utilization goals are adjusted prior to bid opening, they shall be set forth in the bid or Request For Proposal advertisement and specification documents or in an addendum timely provided to prospective bidders, provided that such adjustment shall be based upon a finding by the Project Engineer that the reasonable and necessary requirements of the contract render LEAP utilization unfeasible at the required levels. The Director shall concur with the Project Engineer’s finding, provided that should the Project Engineer and the Director fail to reach agreement on the Project Engineer’s finding, then in that circumstance the matter shall be referred to the City Manager or the Director of Utilities, as appropriate, for ultimate resolution. Notwithstanding any other provision of this chapter to the contrary, the decision of the City Manager or the Director of Utilities with regard to LEAP goal adjustment may not be appealed. b. If LEAP utilization goals are adjusted due to contract amendment or change order, the amount of adjustment shall be consistent with the utilization goals set forth in this chapter and shall be determined pursuant to regulations adopted pursuant to this chapter for administration of LEAP utilization goal adjustments. 2. The methodology of determining the appropriate adjustments to LEAP utilization goals shall be determined in consultation with the LEAP Advisory Committee, established pursuant to this ordinance for so long as the LEAP Advisory Committee remains in existence. 3. LEAP utilization goals shall not apply to those portions of a project that are funded by sources other than (a) City funds, or (b) funds which the City expends or administers in accordance with the terms of a grant to the City, provided that the Project Engineer shall notify the Director of such non-application prior to bid advertisement. For the purposes of this paragraph, credits extended by another entity for the purpose of providing project funding shall not be considered to be City funds. E. Utilization - Electrical Projects Outside Electrical Service Area. Civil Projects or Building Projects that are constructed primarily for the benefit or use by the City’s Electrical Utility, which are wholly situated outside the Electrical Service Area, and for which the estimated cost is less than $1,000,000.00, are exempt from the requirements of this chapter. F. Utilization - Water Projects Outside Water Service Area. Civil Projects or Building Projects that are constructed primarily for the benefit or use by the City’s Water Utility, which are wholly situated outside the Water Service Area, and for which the estimated cost is less than $1,000,000.00 are exempt from the requirements of this chapter. G. Utilization –Projects Outside Tacoma Public Utilities Service Area. Civil Projects or Building Projects that are constructed primarily for the benefit or use by Tacoma Public Utilities, which are wholly situated outside the retail service area of the Tacoma Public Utilities Service Area, and for which the estimated cost is less than $1,000,000.00 are exempt from the requirements of this chapter. Projects wholly situated outside the Tacoma Public Utilities Service Area, and for which the estimated cost is more than $1,000,000.00, shall be exempt from 15% utilization goal specified in subsection A1. of this section. The 15% utilization goal specified in subsection A2. of this section may be met if project work is performed by Apprentices who are enrolled in a course of training specific to a particular construction trade or craft, provided such training has been approved by the Washington State Apprenticeship and Training Council in accordance with Chapter 49.04, RCW. H. Emergency. This chapter shall not apply in the event of an Emergency. For the purposes of this section, an “Emergency” means unforeseen circumstances beyond the control of the City that either: (a) present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. I. Conflict with State or Federal Requirements. If any part of this chapter is found to be in conflict with federal or state requirements which are a prescribed condition to the allocation of federal or state funds to the City, then the conflicting part of this chapter is inoperative solely to the extent of the conflict and with respect to the City departments directly affected. This provision does not affect the operation of the remainder of this chapter. Administrative rules or regulations adopted under this chapter shall meet federal and state requirements which are a necessary condition to the receipt of federal or state funds by the City. (Ord. 28147 Ex. B; passed May 7, 2013: Ord. 27815 Ex. A; passed Jun. 30, 2009: Ord. 27368 § 2; passed Jun. 21, 2005: Ord. 26992 § 1; passed Oct. 15, 2002: Ord. 26698 § 2; passed Sept. 12, 2000: Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.050 Good faith efforts. Repealed by Ord. 27368. (Ord. 27368 § 3; passed Jun. 21, 2005: Ord. 26698 § 3; passed Sept. 12, 2000: Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.060 Effect of program on prime contractor/service provider - subcontractor relationship. The LEAP Program shall not be construed so as to modify or interfere with any relationship between any Contractor or Service Provider and Subcontractor. The LEAP Program shall not grant the City any authority to control the manner or method of accomplishing any construction work that is additional to any authority retained by the City in a Public Works or Improvement contract. (Ord. 26698 § 4; passed Sept. 12, 2000: Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.070 Apprentice utilization requirements – Bidding and contractual documents. All packages of bid documents for every Building Project and every Civil Project shall incorporate provisions satisfactory to the City Attorney so as to allow enforcement of the provisions contained in this Chapter. Such contractual provisions may include liquidated damages, calculated to reimburse the City for the Contractor’s breach of these performance requirements, which shall be published with the City’s call for bids. (Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.080 Enforcement. A. The Director shall review the Contractor’s or Service Provider’s and all Subcontractor’s employment practices during the performance of the work for compliance with LEAP Program requirements. On-site visits may be conducted as necessary to verify compliance with the requirements of the LEAP Program. The Contractor, Service Provider, or Subcontractors shall not deny to the City the right to interview its employees, provided that the Director shall make reasonable efforts to coordinate employee interviews with employers. B. Any knowing failure or refusal to cooperate in compliance monitoring may disqualify the defaulting Contractor, Service Provider, or Subcontractor from eligibility for other City contracts. C. The making of any material misrepresentation may disqualify the defaulting Contractor, Service Provider, or Subcontractor from eligibility for other City contracts. D. Any action by the City, its officers and employees, under the provisions of this Chapter may be reviewed by the Board of Contracts and Awards, upon written application of the party so affected. Application shall be made within twenty (20) days of the date of the action upon which the appeal is based, and provided to the City by certified mail or by personal service. Any action taken by the Board of Contracts and Awards may be appealed to the City Council or Public Utility Board, as appropriate, and thereafter if desired, to the Superior Court of Pierce County, Washington, within fifteen (15) days of the previous decision. (Ord. 26698 § 5; passed Sept. 12, 2000; Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.090 Compliance with applicable law. Nothing in this Chapter shall excuse a Prime Contractor, Service Provider, or Subcontractor from complying with all relevant federal, state, and local laws. (Ord. 26698 § 6; passed Sept. 12, 2000; Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.100 Review and reporting. The City Manager and Director of Utilities shall review the Program on or before January 1, 2000, and every two (2) years thereafter, and shall report to the City Council and Public Utility Board the Manager’s and Director’s findings, conclusions, and recommendations as to the continued need for the Program, and any revisions thereto that should be considered by the Council and Board. (Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.105 Authority. The City Manager and the Director of Utilities shall have authority to jointly adopt policies and regulations consistent with this chapter to implement the LEAP program. (Ord. 26698 § 7; passed Sept. 12, 2000: Ord. 26301 § 1; passed Oct. 6, 1998) 1.90.110 Interpretation. This Chapter shall not be interpreted or construed so as to conflict with any state or federal law, nor shall this Chapter be enforced such that enforcement results in the violation of any applicable judicial order. (Ord. 26301 § 1; passed Oct. 6, 1998) “200% Pov” = People at or below 200% of the federal poverty line. (69th percentile) “Unemployed” = Unemployment rate (45th percentile) “25+ College” = People at or above 25 years old without a college degree. (75th percentile) Economically Distressed ZIP Codes Zip Code 200% Pov Unemployed 25+ College Area 98002 Y Y Auburn 98030 Y Y Kent 98032 Y Y Kent 98198 Y Y Seattle 98304 Y Y Y Ashford 98323 Y Y Carbonado 98330 Y Y Elbe 98336 Y Y Glenoma 98355 Y Y Y Mineral 98356 Y Y Y Morton 98377 Y Y Randle 98385 Y Y South Prairie 98424 Y Y Fife 98433 Y Y JBLM 98439 Y Y Lakewood 98444 Y Y Y Parkland 98467 Y Y University Place 98499 Y Y Lakewood 98520 Y Y Aberdeen 98528 Y Y Belfair 98548 Y Y Y Hoodsport 98564 Y Y Mosssyrock 98575 Y Y Quinault 98580 Y Y Roy 98584 Y Y Shelton 98597 Y Y Yelm 98925 Y Y Y Easton Apprentices may come from any of the ZIP codes listed under this page. If an apprentice lives in a Economically Distressed ZIP code, they may count towards those labor hours as well. Journeyman must be from the Economically Distressed ZIP codes. Tacoma Public Utility Service Area 98001 Auburn 98356 Morton 98443 Tacoma 98002 Auburn 98360 Orting 98444 Tacoma 98003 Federal Way 98371 Puyallup 98445 Tacoma 98010 Black Diamond 98372 Puyallup 98446 Tacoma 98022 Enumclaw 98373 Puyallup 98447 PLU 98023 Federal Way 98374 Puyallup 98465 Tacoma 98030 Kent 98375 Puyallup 98466 Tacoma 98032 Kent 98377 Randle 98467 University Place 98038 Maple Valley 98385 South Prairie 98498 Lakewood 98042 Kent 98387 Spanaway 98499 Lakewood 98045 North Bend 98388 Spanaway 98520 Aberdeen 98051 Ravensdale 98390 Sumner 98524 Allyn 98070 Vashon 98391 Bonney 98528 Belfair 98092 Auburn 98402 Tacoma 98533 Cinebar 98198 Seattle 98403 Tacoma 98546 Grapeview 98304 Ashford 98404 Tacoma 98548 Hoodsport 98321 Buckley 98405 Tacoma 98555 Lilliwaup 98323 Carbonado 98406 Tacoma 98563 Montesano 98327 DuPont 98407 Tacoma 98564 Mossyrock 98328 Eatonville 98408 Tacoma 98575 Quinault 98329 Gig Harbor 98409 Tacoma 98580 Roy 98330 Elbe 98416 UPS 98582 Salkum 98332 Gig Harbor 98418 Tacoma 98584 Shelton 98333 Fox Island 98421 Tacoma 98585 Silver Creek 98335 Gig Harbor 98422 Tacoma 98591 Toledo 98336 Glenoma 98424 Tacoma 98592 Union 98338 Graham 98430 Camp Murray 98597 Yelm 98349 Lakebay 98433 Tacoma 98925 Easton 98354 Milton 98438 McChord 98355 Mineral 98439 Lakewood Z:\R 201 7\R 188 \Mx ds\P rior ity H ire Z ipco des 8x1 1 04 261 7.m xd Cre ated by: aab ram ovic h Appendix C: Economically Distressed ZIP Codes Map Puget S o undH ood Can al 98584 98355 98385 98533 98548 985 63 98580 98925 98328 98377 98323 98304 9833 6 9852 0 983 49 98356 980 029859 2 98330 98528 98564 9857 5 98582 98546 ° 0 2010 Miles © City of Tacoma, All Rights ReservedCommunity & Economic Development DepartmentGIS Analysis & Data Service4/26/2017Map is for reference only. Pu get Sou nd 98402 98418 984 03 98421 984 99 984 04 98405 984 45 984 0898 409 City Limits 98002 98304 98323 98328 98330 98336 98349 98355 98356 98377 98385 98520 98528 98533 98546 98548 98563 98564 98575 98580 98582 98584 98592 98925 98402 98403 98404 98405 98408 98409 98418 98421 98444 98445 98499 Revised 11/2020/CAIII City of Tacoma LEAP Office 747 Market Street, Room 808 Tacoma, WA 98402 (253) 591-5826 fax (253) 591-5232 www.cityoftacoma.org/leap LEAP APPRENTICE VERIFICATION FORM Contractor/Sub: Specification Number: Project Description: Employee Name:________________________________ _ Craft: Ethnic Group (optional):  Asian/Pac Isl.  Black  Hispanic  Native American  White  Other Gender (optional):  MALE  FEMALE Complete Physical Address (No PO Boxes): City:_____________ State:_______ Zip:_______ Telephone:____________ Date of Hire:____________ Apprenticeship County:___________ Apprentice Registration I.D. (if applicable): Age:________ Copy of DD-214:_______ *******Please fill out entire form for tracking LEAP performance******* LEAP qualified Apprentice categories: (check all that apply and provide evidence for each check) _____a. WA State Approved Apprentice living in Tacoma Public Utilities Service Area _____b. WA State Approved Apprentice *(Only valid for contracts where 100% of work is performed outside of Pierce County) Signature of Employee: Date: Contractor Representative:_________________________________ Date:__________________ RMARTIN Text Box PG20-0314F RMARTIN Text Box Cowlitz Falls Barrier Dam Repair Project Page 2 Revised 11/2020/CAIII LEAP APPRENTICE VERIFICATION FORM To be Completed by Contractor or Subcontractor Please attach a legible copy of the following document(s) showing the address of residence as proof of local (Tacoma) and/or Pierce County residency and apprentice status, youth status, or veteran status. .............................................