Asbestos Abatement and Lead Based Paint Removal (Rebid)

FINANCE DEPARTMENT REQUEST FOR BIDS ASBESTOS ABATEMENT AND LEAD BASED PAINT REMOVAL SPECIFICATION NO. CT20-0238F PURCHASING DIVISION SPECIFICATION CONTENTS This Specification contains the following: 1. Request for Bids 2. Bidder’s Checklist 3. Special Notice to Bidders 4. Signature Page 5. Proposal Sheets 6. State Responsibility Information 7. Intent-Affidavit Information for On-Call Contracts 8. List of Equipment 9. Contractor’s Record of Prior Contracts 10. Contractor Qualification Form 11. Bid Bond 12. Insurance Certificate Requirements 13. Certification of Compliance with Wage Payment Statutes 14. Contractor’s Work Hazard Analysis Report 15. Performance Bond 16. Payment Bond 17. Retainage Bond 18. Contract 19. Contractor Performance Review 20. General Release 21. General Provisions 22. Special Provisions 23. Technical Provisions 24. Drawings 25. Prevailing Wage Rates 2 City of Tacoma Citywide REQUEST FOR BIDS CT20-0238F Asbestos Abatement and Lead Based Paint Removal Submittal

Deadline: 11:00 a.m., Pacific Time, Tuesday, Tuesday August 25, 2020 Submittal Delivery: Sealed submittals will be received as follows: By Email: bids@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal Until further notice, public Bid Opening meetings have been cancelled. Submittals in response to a RFB will be recorded as received. As soon as possible on the day of submittal deadline, preliminary results will be posted to www.TacomaPurchasing.org. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org. • Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. • Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: A pre-proposal meeting will not be held. Project Scope: Provide on-call asbestos abatement and lead based paint removal services. Estimate: $250,000 Paid Leave and Minimum Wage: Effective February 1, 2016, the City of Tacoma requires all employers to provide paid leave and minimum wages, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit www.cityoftacoma.org/employmentstandards. 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. Additional Information: Requests for information regarding the specifications may be obtained by contacting Tad Carlson, Senior Buyer by email to tcarlson@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. 3 mailto:bids@cityoftacoma.org https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=22848 http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx http://www.ci.tacoma.wa.us/45bidsapps/PlanholderList.aspx http://www.cityoftacoma.org/employmentstandards mailto:ghimes@cityoftacoma.org http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ BIDDER'S CHECK LIST THE BIDDER'S ATTENTION IS ESPECIALLY CALLED TO THE FOLLOWING FORMS WHICH MUST BE SUBMITTED WITH YOUR BID: (a) Proposal signature sheet. To be completed and signed by the bidder. (b) Proposal The unit/lump sum prices bid must be shown in the space provided. (c) State Responsibility Information form (d) Certification of Compliance with Wage Payment Statues (e) Contractor's Record of Prior Contracts (f) Statement of Qualifications (g) List of Equipment (required). (h) Bid bond or certified check (for construction contracts only). 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 must be be postmarked by the submittal date. Please mail these to: THE FOLLOWING FORMS ARE TO BE EXECUTED AFTER THE CONTRACT IS AWARDED: The contractor will be required to complete the following contract documents within twenty (20) calendar days after the award of the contract: (a) Contract This agreement is to be executed by the successful bidder. (b) Performance and Payment Bond (required). To be executed by the successful bidder and his surety company, and countersigned by a local resident agent of said Surety Company. (c) Retainage Bond (optional) (d) Contractor's Job Hazard Analysis Report (for construction contracts only) (e) Insurance Certificate SUBMITTAL INSTRUCTIONS (a) Do not include the entire specification document with your submittal. Doing so may render your submittal as non-responsive (b) Given the current emergency declaration, please send all submittals electronically to bids@cityoftacoma.org. Tacoma Purchasing 3628 S 35th St Tacoma, WA 98409 4 All letters and calls requesting information prior to the bid opening are subject to the limitations in Paragraph 1.02 of the General Provisions. For inquiries regarding General Provisions, email Tad Carlson, Senior Buyer, Purchasing Division, tcarlson@cityoftacoma.org. All emails shall indicate the title and specification number (prior to award) or title and contract number (following award). THE FOLLOWING FORM IS TO BE EXECUTED UPON COMPLETION OF THE CONTRACT: (a) 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. 5 dKlaaskate Inserted Text I recommend taking these electronically since access to mail is limited. 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. 6 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: i. Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; ii. A Washington Employment Security Department number, as required in Title 50 RCW: iii. A Washington Department of Revenue state excise tax registration number, as required n Title 82 RCW; iv. An electrical contractor license, if required by Chapter 1928 RCW; v. An elevator contractor license, if required by Chapter 70.87 RCW and, d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractor) or 39.12.065(3) (prevailing wage) 7 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. 88 B. ADDITIONAL SUPPLEMENTAL CRITERIA The Bidder shall demonstrate to the satisfaction of the City of Tacoma that the Bidder and their Subcontractors are qualified to perform the work under this Contract and therefore are a responsible Bidder. To be responsible, the Bidder, including the General Contractor and their subcontractors must demonstrate an appropriate level of experience, technical competence and successful past performance of work. The information in the Statement of Qualifications Form will assist the City of Tacoma in making such determination. C. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division no later than 5:00 p.m. Pacific Time, three days prior to the submittal deadline. Please include the Specification No. and Title when submitting such requests. Requests must include justification for why certain criteria should be modified. Requests received after this date and time will not be considered. Requests for modifications to the supplemental criteria may be submitted via postal mail or delivered personally, or sent by e-mail, within the above timeline as follows: By Carrier: City of Tacoma Procurement & Payables Division Tacoma Public Utilities 3628 S 35th Street Tacoma, WA 98409 In Person: City of Tacoma Procurement & Payables Division Tacoma Public Utilities Administration Building North – Guard House (east side of main building) 3628 S 35th Street Tacoma, WA 98409 By Mail: City of Tacoma Procurement & Payables Division Tacoma Public Utilities PO Box 11007 Tacoma, WA 98411-0007 E-mail: bids@cityoftacoma.org The City will respond to a timely submitted request prior to the bid opening date. Changes to the supplemental criteria, if warranted, will be issued by addendum to the solicitation documents and posted to the City’s website for the attention of all prospective bidders. D. DETERMINATION OF BIDDER RESPONSIBILITY If the City determines the bidder does not meet the criteria above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees, the bidder may appeal the determination in a manner consistent with the City’s Protest Policy. Appeals are coordinated by the Purchasing Division heard by the Procurement and Payables Division manager for contracts less than or equal to $500,000 and by Contracts and Awards Board for contracts greater than $500,000. 9 mailto:bids@cityoftacoma.org SIGNATURE PAGE CITY OF TACOMA FINANCE DEPARTMENT All submittals must be in ink or typewritten and must be executed by a duly authorized officer or representative of the bidding/proposing entity. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. Submittals will be received and time stamped only at the City of Tacoma Purchasing Division, located in the Tacoma Public Utilities Administration Building North, Main Floor, at 3628 South 35th Street, Tacoma, WA 98409. See the Request for Bids page near the beginning of the specification for additional details. REQUEST FOR BIDS SPECIFICATION NO. CT20-0238F Asbestos Abatement and Lead Based Paint Removal 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. 10 Item Description Quantity Unit Unit Price Item Total 1 On-site labor hours for Asbestos Abatement Worker 400 HR 2 On-site labor hours for Asbestos Abatement Supervisor 400 HR 3 On-Site labor hours for Asbestos Abatement Worker (1-1/2 Regular Time) 400 HR 4 On-Site labor hours for Asbestos Abatement Supervisor (1-1/2 Regular Time) 400 HR 5 On-site labor hours for Lead Paint Revomal Worker 200 HR 6 On-site labor hours for Lead Paint Revomal Supervisor 200 HR 7 On-Site labor hours for Lead Paint Revomal Worker (1-1/2 Regular Time) 200 HR 8 On-Site labor hours for Lead Paint Revomal Supervisor (1-1/2 Regular Time) 200 HR 9 Mobilization/Demobilization to Utilities Service Area (In-Town) 25 EA 10 Mobilization to Cowlitz 6 EA 11 Mobilization to Cushman 6 EA 12 Mobilization to Nisqually 6 EA 13 Mobilization to Wynoochee 3 EA 14 Mobilization to Green River Headworks Ravensdale 3 EA 15 Cowlitz Per Diem 10 EA 16 Cushman Per Diem 10 EA 17 Nisqually Per Diem 10 EA 18 Wynoochee Per Diem 5 EA 19 Headworks Per Diem 3 EA 20 Special Equipment Rental Mark-Up $2,000*1.____% LS 21 Force Account 1 LS 5,000.00$ Subtotal Items 1 - 20 (excluding sales tax) Proposal Name of Bidder:__________________________________ Guaranteed Delivery of Request for Service:_______________ days. 11 dKlaaskate Inserted Text You have multiple counties with variable sale tax rates. I would remove the sales tax line. PROPOSAL INSTRUCTIONS A. ITEM 1&5: ON-SITE MAN HOUR FOR ASBESTOS ABATEMENT/LEAD PAINT REMOVAL WORKER The work under this bid item will be measured by the man hour (HR) and includes all labor, materials and equipment required to provide asbestos abatement worker as required by state and local regulations and when approved by the engineer. A man hour estimate will be made and approved prior to starting work. Once a man hour estimate is made, the work shall be completed not to exceed that amount unless approved by the engineer. Final costs will be based on actual labor hours used. Equipment used and demolition and disposal costs with this bid item shall be furnished by the contractor using the mark-up bid item. Measurement will be by the man hour (HR) and payment will be made for the man hour (HR) and shall be full compensation for all costs associated with this bid item including furnishing asbestos abatement worker as required per state and local regulations B. ITEM 2&6: ON-SITE MAN HOUR FOR ASBESTOS ABATEMENT/LEAD PAINT REMOVAL SUPERVISOR The work under this bid item will be measured by the man hour (HR) and includes all labor, materials and equipment required to provide asbestos abatement supervisor as required by state and local regulations and when approved by the engineer. A man hour estimate will be made and approved prior to starting work. Once a man hour estimate is made, the work shall be completed not to exceed that amount unless approved by the engineer. Final costs will be based on actual labor hours used. Equipment used and demolition and disposal costs with this bid item shall be furnished by the contractor using the mark-up bid item. Measurement will be by the man hour (HR) and payment will be made for the man hour (HR) and shall be full compensation for all costs associated with this bid item including furnishing lead abatement worker as required per state and local regulations. C. ITEM 3&7: ON-SITE MAN HOUR FOR ASBESTOS ABATEMENT/LEAD PAINT REMOVAL WORKER (1.5 REGULAR TIME) The work under this bid item will be measured by the man hour (HR) and includes all labor, materials and equipment required to provide asbestos abatement worker (1-1/2 Regular Time) as required by state and local regulations and when approved by the engineer. A man hour estimate will be made and approved prior to starting work. Once a man hour estimate is made, the work shall be completed for that amount. Equipment used and demolition and disposal costs with this bid item shall be furnished by the contractor using the mark-up bid item. 12 Measurement will be by the man hour (HR) and payment will be made for the man hour (HR) and shall be full compensation for all costs associated with this bid item including furnishing asbestos abatement worker as required per state and local regulations. D. ITEM 4&8: ON-SITE MAN HOUR FOR ASBESTOS ABATEMENT/LEAD PAINT REMOVAL SUPERVISOR (1.5 REGULAR TIME) The work under this bid item will be measured by the man hour (HR) and includes all labor, materials and equipment required to provide asbestos abatement supervisor (1- 1/2 Regular Time) as required by state and local regulations and when approved by the engineer. A man hour estimate will be made and approved prior to starting work. Once a man hour estimate is made, the work shall be completed for that amount. Equipment used and demolition and disposal costs with this bid item shall be furnished by the contractor using the mark-up bid item. Measurement and payment will be by the man hour (HR) and payment will be made for the man hour (HR) and shall be full compensation for all costs associated with this bid item including furnishing lead abatement worker as required per state and local regulations. E. ITEM 9: MOBILIZATION/DEMOBILIZATION AT UTILITIES SERVICE AREA (IN-TOWN) The work under this bid item will include all labor, materials and equipment and travel costs required to mobilize/demobilize for one (1) asbestos and/or lead abatement project. Mobilization and demobilization together will be one (1) bid item. Measurement shall be per each (EA) individual abatement project request made for mobilization/demobilization to the Utilities Service Area (In-Town). Payment will be per each (EA) individual abatement project request made for mobilization/demobilization. Mobilization/Demobilization to the Utilities Service Area (In-Town) shall be full compensation for all costs associated with this bid item as listed in the proposal. F. ITEM 10-14: MOBILIZATION/DEMOBILIZATION TO COWLITZ, CUSHMAN, WYNOOCHEE, NISQUALLY HYDRO PROJECTS OR TACOMA WATER HEADWORKS The work under this bid item will include all labor, materials and equipment and travel costs required to mobilize/demobilize for one (1) asbestos and/or lead abatement request to the project site. Mobilization and demobilization together will be one (1) bid item. Measurement will be per each (EA) different job request for abatement made for mobilization/demobilization to the Cowlitz, Cushman, Wynoochee, Nisqually Hydro Projects or Tacoma Water Headworks. Mobilization also includes the initial visit to the job site including agreeing on the scope of work, equipment and personnel required and safety concerns. The certified abatement personnel are required on the mobilization visit unless specifically agreed to be absent by the engineer. 13 Payment will be per each (EA) abatement job request as directed by the engineer and shall be full compensation for all costs associated with this bid item as listed in the proposal. G. ITEM 15-19:PER DIEM FOR COWLITZ, CUSHMAN, WYNOOCHEE, NISQUALLY HYDRO PROJECTS OR TACOMA WATER HEADWORKS Measurement for per diem shall be measured per each (EA) for each day the abatement personnel/staff reports to the site. Each certified abatement staff will be granted a per diem cost for each full day worked. Payment will be made at the unit price bid as listed in the proposal. H. ITEM 20: SPECIAL EQUIPTMENT RENTAL AT MARK-UP The work under this bid item will include providing all equipment required to support other bid items as stated herein. Cost plus equipment will only be applicable to that bid item when so stated in the bid item description. Cost plus a percentage for equipment furnished under this bid item shall include all coordination, transportation, labor hours and equipment research needed to identify equipment types, and processing all invoices to the City for payment. This item will also be used for disposal costs or other items not specifically called out under a separate bid item. Measurement and payment will be by the cost of the equipment plus a stated percent mark-up and payment shall be full compensation for all costs associated with this bid item as listed in the proposal. The contractor must provide supporting documentation or actual invoices when submitting equipment for payment I. ITEM 21: FORCE ACCOUNT, PER LUMP SUM 1. DEFINITION AND FIGURE ON PROPOSAL In certain circumstances, the contractor may be required to perform additional work. Where the work to be performed is determined to be extra and not attributed to the contractor’s negligence, carelessness, or failure to install permanent controls, it shall be paid in accordance with the unit contract price or by force account. Such additional work not covered by contract items will be paid for on a force account basis in accordance with Section 1-09.6 of the Standard Specifications or as a negotiated change order with lump sum or unit price items. For the purpose of providing a common proposal for all bidders and for that purpose only, the City has estimated the potential cost of force account work, and has entered the amount in the bid proposal to become a part of the total bid by the contractor. However, there is no guarantee that there will be any force account work. 2. MEASUREMENT Measurement will be made for Force Account in accordance with Section 1-09.6 of the latest edition of the Standard Specifications for Road, Bridge and Municipal Construction of the Washington State Department of Transportation as modified by 14 Force Account Work in the Special Provisions or on negotiated lump sum or unit price change orders added to the contract 3. PAYMENT Payment shall be made for change order items added to the contract which shall be treated as a deduction to the force account remaining available. “Force Account,” as listed in the proposal 15 Specification No. Name of Bidder: ________________________ State Responsibility and Reciprocal Bid Preference Information Certificate of registration as a contractor Number: (Must be in effect at the time of bid submittal): Effective Date: Expiration Date: Current Washington Unified Business Identifier Number: (UBI) Number: Do you have industrial insurance (workers’ compensation) ☐ Yes ☐ No Coverage nor your employees working in Washington? ☐ Not Applicable Washington Employment Security Department Number Number: ☐ Not Applicable Washington Department of Revenue state excise tax Number: Registration number: ☐ Not Applicable Have you been disqualified from bidding any public works contracts under RCW 39.06.010 or 39.12.065(3)? Do you have a physical office located in the state of Washington? If incorporated, in what state were you incorporated? If not incorporated, in what state was your business entity formed? Have you completed the training required by RCW 39.04.350, or are you on the list of exempt businesses maintained by the Department of Labor and Industries? ☐ Yes ☐ No If yes, provide an explanation of your disqualification on a separate page. ☐ Yes ☐ No State: ☐ Not Incorporated State: ☐ Yes ☐ No 16 INTENT & AFFIDAVIT INFORMATION FOR ON CALL CONTRACTS A. One Intent to Pay Prevailing Wages and a corresponding approved Affidavit of Wages Paid (Affidavits) are to be filed for each 12 month (one year) period of the contract performance for the Contractor and all subcontractors of any tier. Intents for the Contractor and all subcontractors shall be filed prior to any payment for work performed following contract execution. Following the first 12 month period, Affidavits must be received prior to final payment for work performed during the first 12 month period. New Intents shall be filed prior to any payment for work performed during the second 12 month period for the Contractor and all subcontractors. Affidavits from the Contractor and all subcontractors must be received from Washington State’s Department of labor and Industries (L&I) per Article 6 of the General Conditions. B. Immediately following the end of all work completed under this Contract, the Contractor, and each Subcontractor of any tier, shall file an approved Affidavit of Wages Paid with the L&I. C. The Contractor shall post in a location readily visible to works at the Project site (1) a copy of the Statement of Intent to Pay Prevailing Wages approved by the Industrial Statistician of the Department of Labor and Industries and (2) the address and telephone number of the Industrial Statistician of the Department of labor and Industries to whom a complaint or inquiry concerning prevailing wages may be directed. D. If a State of Washington prevailing wage rate conflicts with another applicable wage rate (such as Davis-Bacon Ace wage rate) for the same labor classification, the higher of the two shall govern. E. Pursuant to RCW 39.12.060, if any dispute arises concerning the appropriate prevailing wage rate for work of a similar nature, and the dispute cannot be adjusted by the parties in interest, including labor and management representatives, the mater shall be referred for arbitration to the Director of the Department of Labor and Industries, and his or her decision shall be final and conclusive and binding on all parties involved in the dispute. F. The Contractor shall defend (at the Contractor’s sole costs, with legal counsel approved by the City of Tacoma), indemnify and hold the City harmless from all liabilities, obligations, claims, demands, damages, disbursements, lawsuits, losses, fines, penalties, costs and expenses, whether direct, indirect, including but not limited to attorneys’ fees and consultants’ fees and other costs and expenses, from any violation or alleged violation by the Contractor or any Subcontractor of any tier of RCW 39.12 (“Prevailing Wages on Public Works”) or Chapter 51 RCW (”Industrial Insurance”), including but not limited to RCW 51.12.050. 17 CT20-0238F Revised: 07/20/07, 04/09/12 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.) 18 NAME __________________________________ADDRESS______________________________________________ Type of Work _____________________________________Specification No. ______________________________ Beginning Completion Contact Person Amount of Date Date Phone # Contract Remarks: RECORD OF PRIOR CONTRACTS Contract With Form No. SPEC-160A Revised: 01/2006 19 This form shall be completed in its entirety and submitted with the bid. Failure to submit and meet the requirements as stated in Section 2.03 of the Special Provisions may be grounds for rejection of the bid. The City of Tacoma will be the sole judge in determining if the prospective contractor meets the minimum experience requirements. The successful contractor shall have completed at least three self-performed projects of similar scope and purpose within the past five years. The subcontractor superintendent shall also have at least two years of construction supervision experience. Complete the contractor project experience summary below and identify the on-site superintendents, one or more of which will be assigned to projects. Contractor: Name: Address: Phone: Contact Person: Project Experience #1 Project Name: Owner: Contact Person: Description of Work (including size of area treated): Completion Date: #2 Project Name: Owner: Contact Person: Description of Work (including size of area treated): Completion Date: 20 #3 Project Name: Owner: Contact Person: Description of Work (including size of area treated): Completion Date: On-Site Superintendent: The on-site superintendent shall have at least two years of asbestos and lead abatement experience. Provide the name of project on-site superintendent(s) and number of years’ experience. #1 Name Years employed by contractor: Years of construction supervision: #2 Name Years employed by contractor: Years of construction supervision: #3 Name Years employed by contractor: Years of construction supervision: Please affix a copy of each superintendent’s resume here demonstrating at least two years’ experience in construction supervision and three experience in three similarly sized asbestos and lead abatement projects in the last five years. 21 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 $ _______________________________________________ ___________________________ 22 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 23 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. 24 http://www.ambest.com/ 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 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 25 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. 4.3 Workers' Compensation 4.3.1 Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. The Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 4.4 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 4.5 Professional Liability Insurance or Errors and Omissions Contractor and/or its subcontractor shall maintain Professional Liability or Errors and Omissions with limits of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate covering acts, errors and omissions arising out of the professional services under this Contract. If the policy limit includes the payment of claims or defense costs, from the policy limit, the per claim limit shall be Two Million Dollars ($2,000,000). If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability policy shall include Pollution Liability coverage. If provided on a “claims-made” basis, such coverage shall be maintained by policy renewals or an extended reporting period endorsement for not less than three years following the end of the Contract. 4.6 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: 4.6.1 The policy must contain no retroactive date, or the retroactive date must precede the commencement date of this Contract. 4.6.2 The extended reporting period (tail) must be purchased to cover a minimum of Six (6) years beyond completion of work. 4.7 Installation Floater Insurance Contractor shall maintain during the term of the Contract, at its own expense, Installation Floater Insurance covering Contractor's labor, materials, and equipment to be used for completion of the work performed under this Contract against all risks of direct physical loss, excluding earthquake and flood, for an amount equal to the full amount of the Contract improvements. 26 4.8 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: 4.8.1 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. 4.8.2 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. 4.8.3 Include coverage for temporary buildings, debris removal, and damage to materials in transit or stored off-site. 4.8.4 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. 4.8.5 Contain a Waiver of Subrogation provision whereby each insured waives their subrogation rights to the extent the loss is covered by this insurance. 4.8.6 Grant permission to occupy, allowing the building or structure to be partially occupied prior to completion, without detrimental effect to the coverage provided. 4.8.7 Include coverage for the testing and startup of the building’s operating systems. 4.8.8 Include coverage for City of Tacoma’s loss of use or business interruption arising out of a covered loss which delays completion. 4.8.9 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. 4.9 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. 27 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (August 5, 2020), that the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Bidder Signature of Authorized Official* Printed Name Title Date City State Check One: Individual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, the state where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. 28 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 29 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 all 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. Principal: Enter Vendor Legal Name By: Surety: By: Agent’s Name: Agent’s Address: PERFORMANCE BOND TO THE CITY OF TACOMA 30 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 31 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. Principal: Enter Vendor Legal Name By: Surety: By: Agent’s Name: Agent’s Address: 32 Form No. SPEC-110A – Bond in Lieu of Retainage 06-01-16 BOND IN LIEU OF RETAINAGE TO THE CITY OF TACOMA Bond No.__________________________ That we __________________________________, as PRINCIPAL, and ____________________________________, a corporation organized and existing under the laws of the State of _________________________________________ and registered to transact business as a surety in the State of Washington, as SURETY, are by these presents held and firmly bound unto the City of Tacoma, a political subdivision of the State of Washington (“OBLIGEE”), and are similarly held and bound unto the beneficiaries of the trust fund created by Chapter 60.28, RCW, in the sum of _______________________________________, ($______________) lawful money of the United States of America plus five percent (5%) of any increase in the contract amount that may occur due to change order or other increases in the quantities of materials and/or work, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally hereunder. WHEREAS, the Principal and the Obligee have entered into and executed a certain contract for: ________________________________________________________ (Contract No.__________________________), dated___________________________, 20______. The Contract requires the City of Tacoma to withhold from the Principal, pursuant to Chapter 60.28, RCW the sum not to exceed five percent (5%) from monies earned by said Principal during the execution and performance of work thereunder, hereinafter referred to as earned retained funds; and The Principal has requested that the City of Tacoma not withhold any such future earned retained funds and accept this Bond in lieu thereof as allowed under the provisions of Chapter 60.28, RCW. The Condition of this Obligation is such that if the Principal shall use and apply the earned retained funds released pursuant hereto for the trust and purposes set forth in Chapter 60.28, RCW, and shall further indemnify and save the Obligee harmless from and against all losses, damages, claims, suits, demands, causes, charges and expenses to which the Obligee may be subject or in any way made liable by reason of or in consequence of having made contract payments to Principal without having first reserved, withheld, or retained earned funds therefrom, then the Obligations of Surety hereunder shall be released in accordance with Chapter 60.28, RCW; otherwise, this Bond shall remain in full force and effect. PROVIDED, HOWEVER, it is expressly understood and agreed that: 1. Any suit or action under this Bond must be instituted within the time period provided by applicable law, but in no event more than two (2) years from the date final payment under the Contract falls due; 2. The Surety hereby consents to and waives notice of any extension in the time for performance of the Contract, assignment of obligations under the Contract, or Contract alteration, termination, amendment or change order; 3. Until written release of this obligation by the Obligee, this Bond may not be terminated or cancelled by the Principal or Surety for any reason; and 4. The laws of the State of Washington shall govern the determination of the rights and obligations of the parties hereunder and Venue for any dispute or claim hereunder shall be in Pierce County, Washington. 5. No final payment by City to Contractor under the Contract shall serve as a release of the obligations of the Surety hereunder or create any defense to contract performance by the Contractor and/or Surety. Signed and Sealed this __________ day of ____________________, 20_______. Approved as to form: Principal: Vendor Legal Name Deputy City Attorney By: Surety: By: Agent’s Name: Agent’s Address: 33 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. 34 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: ___________________________________________________________________ 35 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 36 City of Tacoma City of Tacoma Contract No.: _______________ Specification No.: ________________ General Release to the City of Tacoma The undersigned, named as the Contractor in a certain agreement between contractor name 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 on this ______ day of _______________, 20__. Contractor Name Contractor Authorized Signature Title Type or Print Signature Name 37 GENERAL PROVISIONS (Revised October 6, 2018) SECTION I - BIDDING REQUIREMENTS SECTION I REQUIREMENTS ARE BINDING ON ALL RESPONDENTS. 1.01 USE AND COMPLETION OF CITY PROPOSAL SHEETS A. Respondent's Proposal Each Respondent must bid exactly as specified on the Proposal sheets. All proposals must remain open for acceptance by the City for a period of at least 60 calendar days from the date of opening of the bids. B. Alterations of Proposals Not Allowed Proposals that are incomplete or conditioned in any way, contain alternatives or items not called for in the General Provisions and Specifications, or not in conformity with law may be rejected as being nonresponsive. The City cannot legally accept any proposal containing a substantial deviation from these Specifications. C. Filling Out City Proposal Sheets All proposals must be completed using the proposal sheets and forms included with this specification, and the prices must be stated in figures either written in ink or typewritten. No proposal having erasures or interlineations will be accepted unless initialed by the Respondent in ink. 1.02 CLARIFICATION OF PROPOSAL FOR RESPONDENT If a prospective Respondent has any questions concerning any part of the Proposal, he/she may submit a written request to the particular Division of the Department of Public Utilities of the City of Tacoma for answer of his/her questions. Any interpretation of the Proposal will be made by an Addendum duly issued and mailed or delivered to each prospective Respondent. Such addendum must be acknowledged in the proposal. The City of Tacoma will not be responsible for any other explanation or interpretation of the bid documents. 1.03 SMALL BUSINESS ENTERPRISE (SBE) PROGRAM AND EQUAL OPPORTUNITY EMPLOYMENT It is the policy of the City of Tacoma that all citizens be afforded an equal opportunity for full participation in our free enterprise system. In order to implement this policy, the City of Tacoma is committed to ensuring equitable participation of small business enterprises by establishing goals for their utilization in the provision of construction services, and related goods and/or services, to the City. A. Public Work or Improvement Type Projects and Contracts: Respondents for public work or improvement type projects and contracts in excess of $25,000 have an obligation to comply with the requirements set forth in the City’s SBE Regulations adopted pursuant to Tacoma Municipal Code (TMC) Chapter 1.07. For further information, contact the City SBE Office, 747 Market Street, Room 900, Tacoma, WA 98402. Phone 253-573-2435. Email SBEOffice@cityoftacoma.org Compliance with State Law RCW 35.22.650 is also required. All respondents for public work or improvement contracts (exceeding $10,000, and $15,000 for construction of water mains) are required to actively solicit minority and women business enterprise subcontractors. With respect to all such contracts, the Contractor agrees that he/she shall actively solicit the employment of minority group members. Contractor further agrees that he/she shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of his/her compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority respondents on the basis of substantially equal proposals. The contractor shall be required to submit evidence of compliance with this section as part of the bid. ALL RESPONDENTS FOR PUBLIC WORK AND IMPROVEMENTS CONTRACTS MUST COMPLETE AND SUBMIT WITH THEIR BID THE FOLLOWING SOLICITATION FORMS CONTAINED IN THE BID SUBMITTAL PACKAGE AND ATTACHED HERETO:  SBE Utilization Form for contracts of $25,000 or more per TMC Chapter 1.07  Prime Contractor’s Pre-Work Form for contracts per RCW 35.22.650 38 http://www.cityoftacoma.org/hub B. Purchase of Goods and/or Services Contracts: Respondents for supply type contracts to which SBE Regulations do not apply have an obligation to demonstrate efforts to ensure equitable participation of minority and women’s businesses. Such respondents shall not discriminate against any person on the basis of race, color, creed, sex, age or nationality in employment and are subject to the City’s ordinances and regulations prohibiting discrimination. See TMC Chapter 1.50. Service contracts involving a single trade are also subject to TMC Chapter 1.07, and respondents for such service contracts must submit applicable SBE program forms to be considered for contract award. ALL RESPONDENTS FOR PURCHASE and/or SERVICES CONTRACTS MUST COMPLETE AND SUBMIT WITH THEIR BID THE FOLLOWING FORM CONTAINED IN THE BID SUBMITTAL PACKAGE AND ATTACHED HERETO:  Personnel Inventory Form Failure to fully complete and submit the required forms with the bid package may result in the bid being declared non-responsive and rejected. 1.04 RESPONDENT'S BOND OR CERTIFIED CHECK Each bid for construction must be accompanied either by a certified or cashiers check for 5 percent of the total amount bid, including tax, payable to the City Treasurer, or an approved bid bond, by a surety company authorized to do business in the State of Washington, for 5 percent of the total amount bid. All bid bonds must be signed by the person legally authorized to sign the bid. The approved bid bond form attached to these Specifications should be used: no substantial variations from the language thereof will be accepted. If a bid bond is used, the 5 percent may be shown either in dollars and cents, or the bid bond may be filled in as follows, "5 percent of the total amount of the accompanying proposal." The check of the successful Respondent will be returned after award of the Contract, acceptance of the Payment and Performance Bond and City's receipt of the signed Contract. The checks of all other Respondents will be returned immediately upon the award of the Contract. Bid bonds will not be returned. 1.05 DELIVERY OF PROPOSALS TO THE CITY’S PURCHASING OFFICE Submittal packages must be received by the City’s Purchasing Division, Tacoma Public Utilities Administration Building North, 3628 South 35th Street, Tacoma, WA 98409-3115, prior to the scheduled time and date stated in the solicitation announcement. Each submittal, intact and bound, shall be completely sealed, with the name of the submitting party (hereinafter “Respondent”), the specification number and title clearly marked on the exterior of the package. City offices are not open for special mail or other deliveries on weekends and City holidays. Submittals may be delivered to the City by mail or in person to the main floor security desk; however, the Respondent is solely responsible for timely delivery of its submittal to the Purchasing Division. Facsimile (fax) copies of submittals for requests for sealed bids, requests for proposals, requests for qualifications and requests for information will not be accepted at any City fax machine. Submittals received after the time stated in the solicitation announcement will not be accepted and will be returned, unopened, to the Respondent. For purposes of determining whether a submittal has been timely received, the City's Purchasing Division may rely on Universal Coordinated Time from the National Bureau of Standards as reported by http://wwp.greenwichmeantime.com/ 1.06 LICENSES/PERMITS A. Suppliers, if applicable, must have a Washington state business license at the time of Submittal and throughout the term of the Contract. Failure to include a Washington state business license may be grounds for rejection of the Submittal or cancellation of contract award. Information regarding Washington state business licenses may be obtained at http://bls.dor.wa.gov. B. Upon award, it is the responsibility of the Supplier to register with the City of Tacoma's Tax and License Division, 733 South Market Street, Room 21, Tacoma, WA 98402-3768, 253-591-5252, https://www.cityoftacoma.org/government/city_departments/finance/tax_and_license/. Supplier shall obtain a business license as is required by Tacoma Municipal Code Subtitle 6C.20. C. During the term of the Contract, Supplier, at its expense, shall obtain and keep in force any and all necessary licenses and permits. 39 http://wwp.greenwichmeantime.com/ http://bls.dor.wa.gov/ https://www.cityoftacoma.org/government/city_departments/finance/tax_and_license/ 1.07 CONTRACTOR'S STATE REGISTRATION NUMBER Contractors for construction or public works construction are required to be licensed by the state. If the provisions of Chapter 18.27 of the Revised Code of Washington apply to the Respondent, then the Respondent's Washington State Contractor's Registration No. must accompany the bid. 1.08 BID IS NONCOLLUSIVE The Respondent represents by the submission of the Proposal that the prices in this Bid are neither directly nor indirectly the result of any formal or informal agreement with another Respondent. 1.09 EVALUATION OF BID A. Price, Experience, Delivery Time and Responsibility In the evaluation of bids, the Respondent's experience, delivery time, quality of performance or product, conformance to the specifications and responsibility in performing other contracts (including satisfying all safety requirements) may be considered in addition to price. In addition, the bid evaluation factors set forth in City Code Section 1.06.262 may be considered by the City. Respondents who are inexperienced or who fail to properly perform other contracts may have their bids rejected for such cause. B. Prequalified Electrical Contractor Certain types of electrical construction requires special expertise, experience and prequalification of the Contractor (or subcontractor) by the City. In such cases, the Respondent must be prequalified or the Respondent must subcontract with a City prequalified electrical contractor for the specialty work. C. Insertions of Material Conflicting with Specifications Only material inserted by the Respondent to meet requirements of the Specifications will be considered. Any other material inserted by the Respondent will be disregarded as being nonresponsive and may be grounds for rejection of the Respondent's Proposal. D. Correction of Ambiguities and Obvious Errors The City reserves the right to correct obvious errors in the Respondent's proposal. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. 1.10 WITHDRAWAL OF BID A. Prior to Bid Opening Any Respondent may withdraw his/her Proposal prior to the scheduled bid opening time by delivering a written notice to the City’s Purchasing Office. The notice may be submitted in person or by mail; however, it must be received by the City’s Purchasing Office prior to the time of bid opening. B. After Bid Opening No Respondent will be permitted to withdraw his/her Proposal after the time of bid opening, as set forth in the Call for Bids, and before the actual award of the Contract, unless the award of Contract is delayed more than sixty (60) calendar days after the date set for bid opening. If a delay of more than 60 calendar days does occur, then the Respondent must submit written notice withdrawing his/her Proposal to the Purchasing Manager. 1.11 OPENING OF BIDS At the time and place set for the opening of bids, all Proposals, unless previously withdrawn, will be publicly opened and read aloud, irrespective of any irregularities or informalities in such Proposal. 1.12 PUBLIC UTILITY BOARD FINAL DETERMINATION The Public Utility Board of the City of Tacoma shall be the final judge as to which is the lowest and best bid in the interest of the City of Tacoma. The City reserves the right to reject any and all bids, waive minor deviations or informalities, and if necessary, call for new bids. 40 1.13 RESPONDENT'S REFUSAL TO ENTER INTO CONTRACT Any Respondent who refuses to enter into a Contract after it has been awarded to the Respondent will be in breach of the agreement to enter the Contract and the Respondent's certified or cashier’s check or bid bond shall be forfeited. 1.14 TAXES A. Include In Proposal All Taxes Respondent shall include in his/her Proposal all applicable local, city, state, and federal taxes. It is the Respondent's obligation to state on his/her Proposal sheet the correct percentage and total applicable Washington State and local sales tax. The total cost to the City including all applicable taxes may be the basis for determining the low Respondent. B. Federal Excise Tax The City of Tacoma is exempt from federal excise tax. Where applicable, the City shall furnish a Federal Excise Tax Exemption certificate. C. City of Tacoma Business and Occupation Tax Sub-Title 6A of the City of Tacoma Municipal Code (TMC) provides that transactions with the City of Tacoma, may be subject to the City of Tacoma's Business and Occupation Tax. It is the responsibility of the Respondent awarded the Contract to register with the City of Tacoma's Department of Tax and License, 733 South Market Street, Room 21, Tacoma, WA 98402-3768, telephone 253-591-5252. The City's Business and Occupation Tax amount shall not be shown separately but shall be included in the unit and/or lump sum prices bid. 1.15 FIRM PRICES/ESCALATION Except as specifically allowed by the Special Provisions, only firm prices will be accepted. 1.16 AWARD A. Construction and/or Labor Contracts Unless specifically noted in the Special Provisions or Proposal sheets, all construction and/or labor contracts will be awarded to only one Respondent. B. Supply/Equipment Contracts The City reserves the right to award an equipment or supply contract for any or all items to one or more Respondents as the interests of the City will be best satisfied. 1.17 INCREASE OR DECREASE IN QUANTITIES The City of Tacoma reserves the right to increase or decrease the quantities of any items under this Contract and pay according to the unit prices quoted in the Proposal (with no adjustments for anticipated profit). 1.18 EXTENSION OF CONTRACT Contracts resulting from this specification shall be subject to extension by mutual agreement per the same prices, terms and conditions. 1.19 PAYMENT TERMS A. Prices will be considered as net 30 calendar days if no cash discount is shown. Payment discount periods of twenty (20) calendar days or more if offered in the submittal, will be considered in determining the apparent lowest responsible submittal. Discounts will be analyzed in context of their overall cumulative effect. Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory performance of the Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. 41 B. ePayable/Credit Card Acceptance. Submittals offering ePayable/Credit card acceptance may be compared against submittals offering a prompt payment discount to evaluate the overall cumulative effect of the discount against the advantage to the City of the ePayable/Credit card acceptance, and may be considered in determining the apparent lowest responsible submittal. 1.20 PAYMENT METHOD – EPAYABLES – CREDIT CARD ACCEPTANCE – EFT/ACH ACCEPTANCE A. Payment methods include: 1. EPayables (Payment Plus). This is payment made via a virtual, single use VISA card number provided by the City’s commercial card provider. Suppliers accepting this option will receive “due immediately” payment terms. Two options for acceptance are available to suppliers. Both are accompanied by an emailed advice containing complete payment details: a. Straight-through processing (buyer initiated). Immediate, exact payments directly deposited to supplier accounts by the City’s provider bank; the supplier does not need to know card account details. b. Supplier retrieves card account through the secure, on-line portal provided via email notifications sent by the City’s commercial card provider. 2. Credit card. Tacoma’s VISA procurement card program is supported by standard bank credit suppliers and requires that merchants abide by the VISA merchant operating rules. It provides “due immediately” payment terms. a. Suppliers must be PCI-DSS compliant (secure credit card data management) and federal FACTA (sensitive card data display) compliant. b. Suppliers must be set up by their card processing equipment provider (merchant acquirer) as a minimum of a Level II merchant with the ability to pass along tax, shipping and merchant references information. 3. Electronic Funds Transfer (EFT) by Automated Clearing House (ACH). Standard terms are net 30 for this payment method. 4. Check or other cash equivalent. Standard terms are net 30 for this payment method. B. The City’s preferred method of payment is by ePayables (Payment Plus) followed by credit card (aka procurement card). Suppliers 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. C. The City, in its sole discretion, will determine the method of payment for goods and/or services as part of the Contract. 1.21 COOPERATIVE PURCHASING The Washington State Interlocal Cooperative Act RCW 39.34 provides that other governmental agencies may purchase goods and services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties are agreeable. 1.22 PROPRIETARY OR CONFIDENTIAL TRADE SECRET INFORMATION Washington State Public Disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington to promptly make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act. Documents submitted under this Specification are considered public records and, unless exempt from disclosure under the Act, will be made available for inspection and copying by the public in response to a public records request. If the Respondent considers any submittal document to be exempt from disclosure under the law, the Respondent shall clearly mark on the specific page(s) affected such words as “CONFIDENTIAL,” “PROPRIETARY” or “TRADE SECRET.” The Respondent shall also submit an index with its submittal identifying the affected page number(s) and location(s) of all such identified material. Failure to provide an index identifying the location of the material in the submittal that Respondent considers to be protected from disclosure will result in the records being released in response to a request for those records without further notice to Respondent. Marking the entire submittal as “confidential” or “proprietary” or “trade secret” is not acceptable and is grounds to reject such submittal. If a public records request is made for disclosure of all or any part of Respondent’s submittal and Respondent has (i) properly marked and (ii) indexed the material it asserts to be exempt from disclosure, the City will determine whether the material is exempt from public disclosure. If, in the City’s opinion, the 42 material is subject to a possible exemption to disclosure, the City will notify Respondent of the request and impending release and allow the Respondent ten (10) business days to take whatever action Respondent deems necessary to protect its interests. The City will reasonably cooperate with any legal action initiated by the Respondent to prevent release; provided that all expense of such action shall be borne solely by the Respondent, including any damages, penalties, attorney’s fees or costs awarded by reason of having opposed disclosure and Respondent shall indemnify City against same. If the Respondent fails or neglects to take such action within said period, the City will release all materials deemed subject to disclosure. Submission of materials in response to this solicitation shall constitute assent by the Respondent to the foregoing procedure and the Respondent shall have no claim against the City on account of actions taken pursuant to such procedure. 1.23 FEDERAL AID PROJECTS The City of Tacoma in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR, part 26, will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. SECTION II - CONTRACT REQUIREMENTS 2.01 CONTRACTOR'S RESPONSIBILITY A. Contract Documents The Respondent to whom the Contract is awarded, hereinafter called the Contractor, shall enter into a Contract with the City of Tacoma, Department of Public Utilities, within 10 days after receipt from the City of Tacoma of a properly prepared Contract. In addition, the Contractor will do all things required to promptly perform this Contract pursuant to the terms of this Contract. Certain contracts for supplies, goods or equipment may use the City Purchase Order in place of a formal contract document. B. Surety Bonds Except as modified by the Special Provisions, the Respondent to whom the Contract is awarded shall provide a payment and performance bond, including power of attorney, for 100 percent of the amount of his/her bid (including sales taxes), to insure complete performance of the Contract including the guarantee. The bonds must be executed by a surety company licensed to do business in the State of Washington. For a supply-type contract, a cashiers check or cash may be substituted for the bonds; however, this cash or cashiers check must remain with the City through the guarantee period and any interest on said amount shall accrue to the City. C. Independent Contractor Contractor is an independent contractor; no personnel furnished by the Contractor shall be deemed under any circumstances to be the agent or servant of the City. Contractor shall be fully responsible for all acts or omissions of Subcontractors and its and their suppliers, and of persons employed by them, and shall be specifically responsible for sufficient and competent supervision and inspection to assure compliance in every respect with the Contract. There shall be no contractual relationship between any Subcontractors or supplier and the City arising out of or by virtue of this agreement. No provision of the Contract is intended or is to be construed to be for the benefit of any third party. 2.02 CONFLICTS IN SPECIFICATIONS Anything mentioned in the Specifications and not shown on the Drawings and anything on the Drawings and not mentioned in the Specifications shall be of like effect and shall be understood to be shown and/or mentioned in both. In case of differences between Drawings and Specifications, the Specifications shall govern. In addition, in the event of any conflict between these General Provisions, the Special Provisions, the Technical Provisions and/or the Proposal pages, the following order of precedence shall control: (a) Proposal pages prevail if they conflict with the General, Special or Technical Provisions. (b) Special Provisions prevail if they conflict with the General Provisions and/or Technical Provisions. (c) Technical Provisions prevail if they are in conflict with the General Provisions. 43 In case of discrepancy of figures between Drawings, Specifications or both, the matter shall immediately be submitted to the Engineer for determination. Failure to submit the discrepancy issue to the Engineer shall result in the Contractor's actions being at his/her own risk and expense. The Engineer shall furnish from time to time such detailed drawings and other information as he/she may consider necessary. 2.03 INSPECTION A. Of the Work All materials furnished and work done shall be subject to inspection. The Inspector administering the Contract shall at all times have access to the work wherever it is in progress or being performed, and the Contractor shall provide proper facilities for such access and inspection. Such inspection shall not relieve the Contractor of the responsibility of performing the work correctly, utilizing the best labor and materials in strict accordance with the Specifications of this Contract. All material or work approved and later found to be defective shall be replaced without cost to the City of Tacoma. B. Inspector's Authority The inspector shall have power to reject materials or workmanship which do not fulfill the requirements of these Specifications, but in case of dispute the Contractor may appeal to the Superintendent, whose decision shall be final. The word "Superintendent" means the Superintendent of the City of Tacoma, Department of Public Utilities division which is administering the contract. The Contract shall be carried out under the general control of the representative of the particular Division administering the Contract, who may exercise such control over the conduct of the work as may be necessary, in his or her opinion, to safeguard the interest of the City of Tacoma. The Contractor shall comply with