Madison District Green Infrastructure Project

CITYWIDE REQUEST FOR BIDS HOMELESS ENCAMPMENT MITIGATION SPECIFICATION NO. CT22-0080F City of Tacoma Citywide REQUEST FOR BIDS CT22-0080F Homeless Encampment Mitigation Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, July 19, 2022 Submittals must be received by the City’s Procurement and Payables Division prior to 11:00 a.m. Pacific Time. For electronic submittals, the City of Tacoma will designate the time of receipt recorded by our email, bids@cityoftacoma.org, as the official time of receipt. This clock will be used as the official time of receipt of all parts of electronic bid submittals. Submittal Delivery: Sealed submittals will be received as follows: By Email: bids@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. Bid Opening: Held virtually each Tuesday at 11AM. Attend via this link or call 1 (253) 215 8782.

Submittals in response to a RFB will be recorded as received. As soon as possible, after 1:00 PM, on the day of submittal deadline, preliminary results will be posted to www.TacomaPurchasing.org. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org. • Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. • Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: A pre-proposal meeting will not be held. Project Scope: Breakdown, cleaning and disposal for removal of homeless encampments in accordance with the City of Tacoma's standard operating procedure. Estimate: $2,000,000 Paid Sick Leave: The City of Tacoma requires all employers to provide paid sick leave as set forth in Title 18 of the Tacoma Municipal Code. For more information, visit our Minimum Employment Standards Paid Sick Leave webpage. Americans with Disabilities Act (ADA Information: The City of Tacoma, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. Specification materials can be made available in an alternate format by emailing Gail Himes at ghimes@cityoftacoma.org, or by calling her collect at 253-591-5785. CT22-0080F Page 2 of 89 mailto:bids@cityoftacoma.org mailto:bids@cityoftacoma.org https://us02web.zoom.us/j/83250498294 https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=22848 http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx http://www.ci.tacoma.wa.us/45bidsapps/PlanholderList.aspx https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 mailto:ghimes@cityoftacoma.org Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration of award. Additional Information: Requests for information regarding the specifications may be obtained by contacting 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. CT22-0080F Page 3 of 89 http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ Table of Contents REQUEST FOR BIDS ....................................................................................................................................... 2 SUBMITTAL CHECK LIST ................................................................................................................................ 5 SPECIAL REMINDER TO ALL BIDDERS.......................................................................................................... 6 SPECIAL NOTICE TO BIDDERS ......................................................................................................................7 1. SCOPE OF WORK ................................................................................................................................... 11 2. MINIMUM REQUIREMENTS .................................................................................................................... 13 3. CALENDAR OF EVENTS ......................................................................................................................... 13 4. INQUIRIES ............................................................................................................................................... 13 5. PRE-BID MEETING .................................................................................................................................. 14 6. DISCLAIMER ........................................................................................................................................... 14 7. RESPONSIVENESS ................................................................................................................................ 14 8. AWARD .................................................................................................................................................... 14 9. GENERAL PROVISIONS ......................................................................................................................... 15 10. INSURANCE REQUIREMENTS ........................................................................................................... 15 11. BID BOND ............................................................................................................................................ 15 12. PAYMENT AND PERFORMANCE BONDS .......................................................................................... 15 13. PREVAILING WAGE INFORMATION ................................................................................................... 16 14. CONTRACTUAL OBLIGATIONS .......................................................................................................... 16 15. PRICE ADJUSTMENTS ........................................................................................................................ 17 16. MATERIALS AND WORKMANSHIP ..................................................................................................... 17 17. ENVIRONMENTALLY PREFERABLE PROCUREMENT ...................................................................... 17 18. EQUITY IN CONTRACTING ................................................................................................................. 18 19. PROPRIETARY OR CONFIDENTIAL INFORMATION ......................................................................... 18 20. ADDENDUMS ....................................................................................................................................... 18 APPENDIX A ................................................................................................................................................... 19 APPENDIX B ................................................................................................................................................... 29 APPENDIX C ................................................................................................................................................... 36 APPENDIX D ................................................................................................................................................... 82 CT22-0080F Page 4 of 89 CT22-0080F Page 5 of 89 SPECIAL REMINDER TO ALL BIDDERS HEALTH & SAFETY: Be sure to comply with all City of Tacoma health and safety requirements. 1. This project has been deemed to be an essential project by the City of Tacoma and it is anticipated that the contract will be operational during the COVID-19 outbreak. Therefore the contractor shall complete a health and safety plan describing how the contractor will complete the work while combating the COVID-19 spread (social distancing practices) and what Personal Protective Equipment (PPE) will be in place. PLEASE NOTE: Be sure you have complied with all specifications and requirements and have signed all required documents. YOUR ATTENTION IS PARTICULARLY CALLED to the following forms, which must be executed in full before the bid is submitted: 1. BID PROPOSAL: The unit prices bid must be shown in the space provided. Check your computations for omissions and errors. 2. SIGNATURE PAGE: To be filled in and executed by a duly authorized officer or representative of the bidding entity. If the bidder is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. 3. STATE RESPONSIBILITY AND RECIPROCAL BID PREFERENCE INFORMATION: Bidder shall complete this form in its entirety to ensure compliance with state legislation (SHB 2010). 4. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES: Bidder shall complete this form in its entirety to ensure compliance with state legislation (SHB 2017). POST AWARD FORMS EXECUTED UPON AWARD: A. CONTRACT: Must be executed by the successful bidder. B. PAYMENT BOND TO THE CITY OF TACOMA: Must be executed by the successful bidder and his/her surety company. C. PERFORMANCE BOND TO THE CITY OF TACOMA: Must be executed by the successful bidder and his/her surety company. D. CERTIFICATE OF INSURANCE: Shall be submitted with all required endorsements. E. GENERAL RELEASE. CODE OF ETHICS: The successful bidder agrees that its violation of the City’s Code of Ethics contained in TMC Chapter 1.46 shall constitute a breach of the contract subjecting the contract to termination. CT22-0080F Page 6 of 89 Public works and improvement projects for the City of Tacoma are subject to Washington state law and Tacoma Municipal Code, including, but not limited to the following: I. STATE OF WASHINGTON A. RESPONSIBILITY CRITERIA – STATE OF WASHINGTON In order to be considered a responsible bidder the bidder must meet the following mandatory state responsibility criteria contained in RCW 39.04.350: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW and; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). 5. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW and must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. B. RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS: Effective March 30, 2012, RCW 39.04.380 imposes a reciprocal preference for resident contractors. Any bid received from a non-resident contractor from a state that provides an in- state percentage bidding preference is subject application of a comparable percentage disadvantage. A non-resident contractor from a state that provides an in-state percentage bidding preference means a contractor that: 1. Is from a state that provides a percentage bid preference to its resident contractors bidding on public works projects, and 2. Does not have a physical office located in Washington at the time of bidding on the City of Tacoma public works project. The state of residence for a non-resident contractor is the state in which the contractor was incorporated, or if not a corporation, the state in which the contractor’s business entity was formed. The City of Tacoma will evaluate all non-resident contractors for an out of state bidder preference. If the state of the non-resident contractor provides an in state contractor preference, a comparable percentage CT22-0080F Page 7 of 89 SPECIAL NOTICE TO BIDDERS 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 in Title 82 RCW; iv. An electrical contractor license, if required by Chapter 19.28 RCW; v. An elevator contractor license, if required by Chapter 70.87 RCW and; 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). II. CITY OF TACOMA A. SUPPLEMENTAL RESPONSIBILITY CRITERIA – CITY OF TACOMA: In order to be considered a responsible bidder, the prospective bidder shall have all of the following qualifications set forth in Tacoma Municipal Code 1.06.262: 1. Adequate financial resources or the ability to secure such resources; 2. The necessary experience, stability, organization and technical qualifications to perform the proposed contract; 3. The ability to comply with the required performance schedule, taking into consideration all existing business commitments; 4. A satisfactory record of performance, integrity, judgment and skills; and CT22-0080F Page 8 of 89 5. Be otherwise qualified and eligible to receive an award under applicable laws and regulations. a. Bidder Responsibility. Bidders shall not be in violation of 39.04.350 RCW Bidder Responsibility Criteria - Supplemental Criteria. In addition to the mandatory bidder responsibility criteria listed immediately above, the City may, in addition to price, consider any or all of the following criteria contained in Tacoma Municipal Code Chapter 1.06.262 in determining bidder responsibility: 1. The ability, capacity, experience, stability, technical qualifications and skill of the respondent to perform the contract; 2. Whether the respondent can perform the contract within the time specified, without delay or interference; 3. Integrity, reputation, character, judgment, experience, and efficiency of the respondents, including past compliance with the City’s Ethics Code; 4. Quality of performance of previous contracts; 5. Previous and existing compliance with laws and ordinances relating to contracts or services; 6. Sufficiency of the respondent’s financial resources; 7. Quality, availability, and adaptability of the supplies, purchased services or public works to the particular use required; 8. Ability of the respondent to provide future maintenance and service on a timely basis; 9. Payment terms and prompt pay discounts; 10. The number and scope of conditions attached to the submittal; 11. Compliance with all applicable City requirements, including but not limited to the City's Ethics Code and its Small Business Enterprise and Local Employment and Apprenticeship programs; 12. Other qualification criteria set forth in the specification or advertisement that the appropriate department or division head determines to be in the best interests of the City. The City may require bidders to furnish information, sworn or certified to be true, to demonstrate compliance with the City responsibility criteria set forth above. If the city manager or director of utilities is not satisfied with the sufficiency of the information provided, or if the prospective respondent does not substantially meet all responsibility requirements, any submittal from such respondent must be disregarded. B. ADDITIONAL SUPPLEMENTAL CRITERIA See Section 2 on Minimum Requirements C. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division via email to bids@cityoftacoma.org no later than 5:00 p.m. Pacific Time, three days prior to the submittal deadline. Please include the Specification No. and Title when submitting such requests. Requests must include justification for why certain criteria should be modified. Requests received after this date and time will not be considered. The City will respond to a timely submitted request prior to the bid opening date. Changes to the supplemental criteria, if warranted, will be issued by addendum to the solicitation documents and posted to the City’s website for the attention of all prospective bidders. CT22-0080F Page 9 of 89 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. CT22-0080F Page 10 of 89 1. SCOPE OF WORK 1.1 Description of work The City of Tacoma (City) / Tacoma Public Utilities (TPU) is soliciting bids to establish one or more contracts with qualified vendors to fulfill the City’s needs for homeless encampment mitigation. Contract(s) will be awarded to the lowest responsive and responsible bidder(s) based on price, product quality and availability. The Vendor shall provide properly trained employees, vehicles, equipment, proper personal protective equipment (PPE), and supplies required for the collection, segregation, packaging, transportation, and disposal of waste materials which has been discarded or left at homeless encampments and transient camps on City owned properties. The types of waste could include, but is not limited to: household debris, light construction materials, biohazards, regulated, and hazardous materials. The Contractor shall clear identified sites of all debris, wastes and dangerous items. Vendor’s staff should be clearly identifiable by safety vests and identification badges. The Vendor will work with City staff to secure the site and keep the public out of the cleanup site. This work includes working on steep slopes, heights, uneven terrain, overgrown vegetation, and heavily forested locations as well as few level terrain areas. The Vendor shall use caution during the site cleanup to minimize impact to landscaping, turf, and sensitive areas (i.e. wetlands and unstable sloped soils). 1.2 Compliance and Permits The Vendor shall furnish copies of all required permits and/or licenses to the City at least five (5) working days in advance of project start date. Copies of shipping papers (i.e. bill of lading and manifest) shall be presented to the City prior to hauling waste materials for disposal. The Vendor shall work with City staff to ensure that sensitivity and civility is held in utmost importance during interactions with transients, and during all services performed under this Contract. The Vendor will be responsible for any damages to public and private properties in the course of services provided under this Contract. The Vendor shall work with City staff to ensure that all notification requirements, per the City’s Homeless Encampment Clean-up Program Standard Operating Procedures (See Appendix D), are followed prior to commencing work. 1.3 Response Time Services performed under this Contract shall be made on an on-call basis, Monday through Friday, 8:00AM to 5:00PM, unless otherwise mutually agreed upon by the City and Vendor. The vendor will respond within 24 hours to any initial contact regarding a Work Request via phone or email. The Work Request shall consist of the following (see Work Request Form in Appendix C): Department/Division/Contact Information initiating Work Request Scope of work Drawings, pictures or other references Date of Work Request Cost estimate (to be completed by the Vendor) CT22-0080F Page 11 of 89 Signatures (to be signed by Vendor and City’s agent) The Vendor shall complete the cost estimate section of the Work Request Form, sign, and return it to the City as soon as possible and not to exceed two days from receipt of a Work Request. The Vendor will then have up to seven calendar days to plan, schedule and complete the Work Request. The Vendor shall not commence any work until the City authorizes work with a signed Work Request Form. 1.4 Work Plans The Vendor shall develop a Work Plan that is compliant with the City of Tacoma’s Standard Operating Procedures for Homeless Encampment Clean-up Program, submit it to the City, and if approved, implement it on the job site. The Work Plan shall also be consistent with Washington Administrative Code (WAC) 296-823; ensuring workers are protected from exposure to blood and other potential infectious materials; include a general health and safety plan; schedule; cost estimate; a list of approved labor force; and a traffic plan, if applicable. The City shall issue a Notice to Proceed along with the approved Work Plan. 1.5 Training At a minimum, vendor and vendor staff must meet all the requirements of WAC 296-283 and 29 CFR Part 1910 including but not limited to: Have proper training in handling of biological waste, Be properly trained in the selection and use of personal protective equipment (PPE), Have blood borne pathogen training, Have Hazwoper training when appropriate 1.6 Safety A site health and safety plan shall be provided by the Vendor to the City prior to commencement of work. 1.7 Traffic Control When needed and mutually agreed upon, the Vendor shall provide all required traffic and pedestrian control which may include developing and implementing a traffic control plan. Vendor shall adhere to the City traffic regulations and the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control, when required. 1.8 Waste Handling Specific waste may include but is not limited to: Solid wastes, light construction materials, household debris, human waste, bodily fluids, syringes, petroleum based containers or gasoline, diesel fuel, and pressurized containers of propane, chemicals, contaminated soil and used batteries. The Vendor shall ensure that all wastes are properly segregated, ensuring incompatible materials are separated; packaged so that there’s no loose material and no free liquids, and transported to City of Tacoma Recycling and Transfer Center (RTC), located at 3510 South Mullen Street, Tacoma, WA 98409, for proper disposal at the City’s expense. All hazardous, potentially hazardous, and unknown materials shall be properly segregated, placed upright in plastic bins with lids, and legally transported to RTC household hazardous waste facility for proper disposal. The Vendor shall coordinate delivery of waste loads with RTC staff. 1.9 Worker Classifications CT22-0080F Page 12 of 89 The Vendor shall use the worker classification to pay the applicable prevailing wage rates to all Lead Technicians/Supervisors, Operator/Drivers, and Laborers employed for the performance of any part of this Contract. It is not required that a Supervisor be on site at all times when the work is being performed. Lead Technician/Supervisor: Provide on-site supervision of vendor’s employees. Ensure health and safety plan is followed, and update when necessary. Driver: Have skills and knowledge to safely and effectively contain, clean up, transport, and dispose of hazardous materials. Drivers shall possess a valid driver’s license of the appropriate class with endorsements. Laborer: Assist the Operator/Driver with performing transient cleanup operations. 2. MINIMUM REQUIREMENTS 2.1 Vendor must have at least two years' experience in the past five years working with a government agency performing this type of work. 2.2 Provided references need to be reachable and confirm stated experience as well as reporting satisfactory performance. 2.3 Vendor and vendor staff must meet all the requirements of WAC 296-283 and 29 CFR Part 1910 regarding safe working conditions and required training for handling of hazardous waste. 3. CALENDAR OF EVENTS This is a tentative schedule only and may be altered at the sole discretion of the City. Contract may be issued after Public Utility Board and/or City Council approval. The anticipated schedule of events concerning this RFB is as follows: Posting 6/27/2022 Question Deadline: 7/6/2022 City response to Questions: 7/11/2022 Submittal Due Date: 7/19/2022 Anticipated Award Date: August 2022 Public Utility Board / City Council Approval August/September 2022 4. INQUIRIES 4.1 Send questions to Tad Carlson, Senior Buyer, via email to tcarlson@cityoftacoma.org. Subject line to read: FI22-0080F – Homeless Encampment Mitigation – VENDOR NAME 4.2 Questions must be received no later than 3 pm on the date given in the Calendar of Events above. 4.3 The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. CT22-0080F Page 13 of 89 mailto:tcarlson@cityoftacoma.org 4.4 The answers are not typically considered an addendum. 4.5 The City will not be responsible for unsuccessful submittal of questions. 4.6 Written answers to questions will be posted alongside these specifications at tacomapurchasing.org. 5. PRE-BID MEETING No pre-proposal meeting will be held; however, questions and request for clarifications of the specifications may be submitted as stated in the inquiries section. 6. DISCLAIMER The City is not liable for any costs incurred by the Respondent for the preparation of materials or a proposal submitted in response to this RFB, for conducting any presentations to the City, or any other activities related to responding to this RFB, or to any subsequent requirements of the contract negotiation process. 7. RESPONSIVENESS Bid submittals must provide ninety (90) days for acceptance by City from the due date for receipt of submittals. All submittals will be reviewed by the City to determine compliance with the requirements and instructions specified in this RFB. The Respondent is specifically notified that failure to comply with any part of this RFB may result in rejection of the submittal as non-responsive. The City reserves the right, in its sole discretion, to waive irregularities deemed immaterial. The City also reserves the right to not award a contract or to issue subsequent RFB’s 8. AWARD Award will be made to the lowest responsive, responsible bidder. All bidders shall provide unit or lump sum pricing for each line item. Each line item will be added up for a subtotal price. The subtotal price will be compared amongst each bidder, including any payment discount terms offered twenty (20) days or more. The City may also take into consideration all other criteria for determining award, including evaluation factors set forth in Municipal Code Section 1.06.262. All other elements or factors, whether or not specifically provided for in this specification, which would affect the final cost to and the benefits to be derived by the City will be considered in determining the award of the contract. The final award decision will be based on the best interests of the City. The City reserves the right to let the contract to the lowest responsible bidder whose bid will be the most advantageous to the City, price and any other factors considered. In evaluating the proposals, the City may also consider any or all of the following: 8.1 Compliance with specification. 8.2 Proposal prices, listed separately if requested, as well as a lump sum total 8.3 Time of completion/delivery. 8.4 Warranty terms. CT22-0080F Page 14 of 89 8.5 Bidder's responsibility based on, but not limited to: Ability, capacity, organization, technical qualifications and skill to perform the contract or provide the services required. References, judgment, experience, efficiency and stability. Whether the contract can be performed within the time specified. Quality of performance of previous contracts or services 9. GENERAL PROVISIONS City of Tacoma General Provisions apply. See Appendix C. 10. INSURANCE REQUIREMENTS Successful proposer will provide proof and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements (Appendix C) document applicable to the services, products, and deliverables provided under the solicitation. The City of Tacoma Insurance Requirements document is fully incorporated into the solicitation by reference. 11. BID BOND The attached Bid Bond must be executed by the person legally authorized to sign the bid, and must be properly signed by representatives of the surety company unless the bid is accompanied by a certified check or cashier’s check. If a Bid Bond is used, the form furnished by the City must be followed; no variations from the language thereof will be accepted. The amount of the Bid Bond must be not less than five percent (5%) of the total amount bid; and, if shown in dollars and cents, the amount of said Bid Bond must be not less than the required five percent; or in lieu of dollars and cents, the bond may be completed by inserting therein, “five percent of the amount of the accompanying proposal." Bid Bonds will not be returned. If a certified or cashier’s check is provided by the successful Respondent(s), the amount of their check will be refunded after award of the Contract, City’s receipt of the signed Contract, and acceptance of the Performance Bond, if applicable. Unsuccessful Respondents providing certified checks will be refunded the amount of their check upon award of the Contract. 12. PAYMENT AND PERFORMANCE BONDS A payment and performance bond, including power of attorney, for this project is required in the amount of 25 percent of the Contract total. 12.1 The City’s payment and performance bond forms must be used. 12.2 The payment and performance bonds must be executed by a surety company licensed to do business in the state of Washington. 12.3 The cost of a payment and performance bonds must be included in submittal prices. Bonds will not be paid as a separate line item. CT22-0080F Page 15 of 89 12.4 For a supply-type contract, a certified cashier’s check or cash may be substituted for the bonds; however, this cash or check must remain with the City through the guarantee period and any interest on said amount shall accrue to the City. The same bonds can remain in place over the life of the contract and annual status inquiries can be directed to Tad Carlson via email to tcarlson@cityoftacoma.org. Subject line to read: CT22-0080F – Homeless Encampment Mitigation - Bond Status Inquiry 13. PREVAILING WAGE INFORMATION If this project requires prevailing wages under chapter 39.12 RCW, any worker, laborer, or mechanic employed in the performance of any part of the work shall be paid not less than the applicable prevailing rate of wage. The project site is located in Pierce, King, Mason, Thurston and Gray’s Harbor Counties. The effective date for prevailing wages on this project will be the submittal deadline with these exceptions: 1. If the project is not awarded within six months of the submittal deadline, the award date is the effective date. 2. If the project is not awarded pursuant to a competitive solicitation, the date the contract is executed is the effective date. 3. Janitorial contracts follow WAC 296-127-023. Except for janitorial contracts, these rates shall apply for the duration of the contract unless otherwise noted in the solicitation. Look up prevailing rates of pay, benefits, and overtime codes from this link: https://secure.lni.wa.gov/wagelookup/ The Contractor and all Subcontractors covered under 39.12 RCW shall submit to the Department of Labor and Industries (L&I) for work provided under this contract: 1. A Statement of Intent to Pay Prevailing Wages must be filed with, and approved by, L&I upon award of contract. 2. An Affidavit of Wages Paid must be filed with and approved by L&I upon job completion. Payments cannot be released by the City until verification of these filings are received by the engineer. Additional information regarding these filings can be obtained by calling the Department of Labor & Industries, Prevailing Wage at (360) 902-5335, https://www.lni.wa.gov/ or by visiting their MY L&I account. Work conducted within Tacoma city limits.State of Washington prevailing wages or City of Tacoma minimum wage rates, whichever are higher, must be paid. If City of Tacoma minimum wage rates are higher than state of Washington prevailing wage rates, City of Tacoma rates must be paid. 14. CONTRACTUAL OBLIGATIONS 14.1 Full enablement in the City of Tacoma’s contracting and invoicing program (Ariba) will be required post award but prior to execution of the contract. CT22-0080F Page 16 of 89 mailto:tcarlson@cityoftacoma.org http://apps.leg.wa.gov/RCW/default.aspx?cite=39.12 https://secure.lni.wa.gov/wagelookup/ http://apps.leg.wa.gov/RCW/default.aspx?cite=39.12 https://www.lni.wa.gov/ https://secure.lni.wa.gov/home/ 14.2 Award of these specifications will result in a single Master Agreement incorporating, at a minimum, these specifications and the successful vendor response. Department sub-agreements will be created as needed Prevailing wage rates will be per the date of onset of each project Intents and affidavits will be filed referencing the sub-agreement identified on the Work Request Form. Invoices will be submitted against the sub-agreement identified on the Work Request Form. 15. PRICE ADJUSTMENTS Bid submittal prices will establish a base against which Contractors may request price adjustments per the following terms: 15.1 The City may consider price adjustments for each twelve-month period 15.2 Contractor shall submit proposed price changes in writing to the contract administrator (contract information provided after award) 30 days prior to the effective date 15.3 The City reserves the right to accept or reject all such price adjustments 15.4 Price increases will be adjusted only to the amount of cost increase to Contractor. No adjustment will be made for Contractor profit margin 15.5 Any proposed price increase to Contract line items must be beyond the control of the contractor and supported by written documentation from the manufacturer or wholesale distributor, indicating new higher cost adjustments in effect 15.6 Increase requests may be evaluated against various market conditions, including but not limited to: Consumer Price Index for Seattle - Tacoma - Bremerton, All Items 1982-84+100, for comparable period Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average Index for All Items, 1982-84=100, unadjusted for the comparable period State/federal regulations affecting production costs of the materials Volatile commodity market conditions Various producer price or commodity indices Minimum wage adjustments 16. MATERIALS AND WORKMANSHIP The successful bidder shall be required to furnish all materials necessary to perform contractual requirements. Materials and workmanship for this contract shall conform to all codes, regulations and requirements for such specifications contained herein and the normal uses for which intended. Material shall be manufactured in accordance with the best commercial practices and standards for this type of goods. All literature and products must be packaged and labeled to sell in the United States. 17. ENVIRONMENTALLY PREFERABLE PROCUREMENT CT22-0080F Page 17 of 89 In accordance with the City of Tacoma’s Sustainable Procurement Policy, it is the policy of the City of Tacoma to encourage the use of products or services that help to minimize the environmental and human health impacts of City Operations. Respondents are encouraged to incorporate environmentally preferable products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, products, manufacturing, packaging, distribution reuse, operation, maintenance or disposal of the product or service. The City of Tacoma encourages the use of sustainability practices and desires any awarded contractor(s) to assist in efforts to address such factors when feasible for: • Reduction of pollutant releases • Toxicity of materials used • Waste generation • Greenhouse gas emissions, including transportation of materials and services • Recycle content • Comprehensive energy conservation measures • Waste manage reduction plans • Potential impact on human health and the environment 18. EQUITY IN CONTRACTING There is no EIC requirement on this solicitation. However, the City of Tacoma is committed to equality in contracting for under-utilized minority and women-owned businesses and we encourage you to locate these firms here Office of Minority & Women Owned Businesses. 19. PROPRIETARY OR CONFIDENTIAL INFORMATION The Washington State Public Disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. Documents submitted under this RFP shall be considered public records and, with limited exceptions, will be made available for inspection and copying by the public. See Standard Terms and Conditions for more information on confidential information. 20. ADDENDUMS In the event it becomes necessary to revise any part of this RFP, an addendum will be posted alongside these specifications at tacomapurchasing.org. Failure to acknowledge addendum(s) on the required Signature Page may result in a submittal being deemed non-responsive by the City. CT22-0080F Page 18 of 89 http://cms.cityoftacoma.org/sustainability/resolution38248-PurchasingPolicy.pdf https://omwbe.wa.gov/directory-certified-firms APPENDIX A Signature Page Price Proposal Form Record of Prior Contracts List of Equipment Contractor Qualification Form Certification of Compliance with Wage Payment Bid Bond State Responsibility Form CT22-0080F Page 19 of 89 SIGNATURE PAGE CITY OF TACOMA CITYWIDE All submittals must be in ink or typewritten, executed by a duly authorized officer or representative of the bidding/proposing entity, and received and time stamped as directed in the Request for Bids Page near the beginning of the specification. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. REQUEST FOR BIDS SPECIFICATION NO. CT22-0080F Homeless Encampment Mitigation 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 Authorized Signatory E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 E-Mail Address for Communications 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. CT22-0080F Page 20 of 89 BID PROPOSAL SHEET SPECIFICATION NO. CT22-0080F The following bid schedule requests unit pricing for rates of pay for Laborer and Truck Driver trades. This requested information, combined with provided estimated quantities, will be used to for calculating a total amount in order to determine the low bidder. The stated unit bid quantities will not be part of the resultant contract documents, and the actual work quantities and total amount expended during the life of this on-call contract may vary substantially from those assigned by the City for purposes of determining the basis of award. The unit prices, labor rates, and lump sums, however, submitted by the Contractor as part of the bid proposal will become part of the Contract and will be used throughout the life of this on-call contract. The winning Bidder shall not be entitled to any adjustments in its unit prices and rates of pay as a result of any variation – no matter how significant – between actual unit quantities and final contract amounts, and those presented herein for the purposes of determining a basis of award. The lowest responsible and responsive bidder, as determined by the City, will be awarded the Contract. Responsible/Responsive bidder determination shall be aided by a thorough review of the Contractor’s qualifications as provided on the required Vendor Questionnaire form submitted with the bid. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL AMOUNT 1 Lead Technician/Supervisor 500 Hours 2 Laborer 2000 Hours 3 Driver 2000 Hours SUBTOTAL ITEMS 1-3 10.3% SALES TAX TOTAL OF BID (INCLUDING SALES TAX) 1. Provide hourly rate for any landscaping that may be required as part of encampment cleanup. 2. Provide a markup rate, if any, should equipment rentals be required on a project. (These will be billable under a Force Account line on the contract) 3. Provide a markup rate, if any, should subcontractors be required on a project. (These will be billable under a Force Account line on the contract) CT22-0080F Page 21 of 89 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 CT22-0080F Page 22 of 89 CT21-0699F Page 30 of 107CT22-0080F Page 23 of 89 Contractor Qualification Form This form shall be completed in its entirety and submitted with the bid. Failure to submit and meeting the requirements as stated in Section 2 of these specifications may be grounds or rejection of the bid. The City of Tacoma will be the sole judge in determining if the prospective contractor meets the minimum experience requirements. Contractor: Name: ____________________________________________________________________________ Address: ____________________________________________________________________________ Phone: ___________________ Contact Person: _________________________________ Experience Requirements: Project contracts below should allow the City to confirm fulfillment of Minimum Requirements 2.1 and 2.2 from these specifications. 1. Project Name: Owner: __________________ Contact Person: ________________________________ Description of Work: ____________________________________________________________________________ ____________________________________________________________________________ Completion Date: _____________________________________________________________ 2. Project Name: Owner: __________________ Contact Person: ________________________________ Description of Work: ____________________________________________________________________________ ____________________________________________________________________________ Completion Date: _____________________________________________________________ CT22-0080F Page 24 of 89 3. Project Name: Owner: __________________ Contact Person: ________________________________ Description of Work: ____________________________________________________________________________ ____________________________________________________________________________ Completion Date: _____________________________________________________________ Training Requirement: Provide written attestation that the responding firm meets Minimum Requirement 2.3 from these specifications. The City reserves the right to verify this information independently. If your company has documentation describing the training program, please attach that to this form in your submittal. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ CT22-0080F Page 25 of 89 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (June 27, 2022), 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. CT22-0080F Page 26 of 89 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 $ _______________________________________________ ___________________________ CT22-0080F Page 27 of 89 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 CT22-0080F Page 28 of 89 APPENDIX B Sample Contract Sample Performance Bond Sample Payment Bond General Release to City of Tacoma CT22-0080F Page 29 of 89 CT22-0080F Page 30 of 89 CT22-0080F Page 31 of 89 CT22-0080F Page 32 of 89 CT22-0080F Page 33 of 89 CT22-0080F Page 34 of 89 CT22-0080F Page 35 of 89 APPENDIX C Insurance Requirements General Provisions Intent-Affidavits Information for On-Call Contracts Work Request Form Contractor's Work Hazard Analysis Report Contractor Performance Review Form LEAP (Local Employment and Apprenticeship Training) Documentation CT22-0080F Page 36 of 89 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 CT22-0080F Page 37 of 89 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. CT22-0080F Page 38 of 89 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. 4.1.2 Contractual Liability-Railroad using ISO form CG 24 17 10 01 or equivalent if Contractor is performing work within Fifty (50) feet of a City of Tacoma railroad right of way. 4.2 Sexual Misconduct or Abuse & Molestation Liability Insurance Contractor shall maintain Sexual Misconduct policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate. If Abuse and CT22-0080F Page 39 of 89 Molestation coverage is provided on a “claims-made” basis, coverage must be maintained for not less than three years following the end of the Contract. This may be done by policy renewals or an Extended Reporting Period Endorsement. 4.2.1 4.3 Commercial (Business) Automobile Liability Insurance Contractor shall maintain Commercial Automobile Liability policy with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage and bodily injury and property damage coverage for owned (if any), non-owned, hired, or leased vehicles. Commercial Automobile Liability Insurance shall be written using ISO form CA 00 01 or equivalent. Contractor must also maintain an MCS 90 endorsement or equivalent and a CA 99 48 endorsement or equivalent if “Pollutants” are to be transported. 4.4 Workers' Compensation 4.4.1 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. 4.5 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. 4.6 Excess or Umbrella Liability Insurance Contractor shall provide Excess or Umbrella Liability Insurance with limits not less than Three Million Dollars ($3,000,000) per occurrence and in the aggregate. This coverage shall apply, at a minimum, in excess of primary underlying Commercial General Liability, Employer’s Liability, Pollution Liability, Marine General Liability, Protection and Indemnity, and Automobile Liability if required herein. 4.7 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: 4.7.1 The policy must contain no retroactive date, or the retroactive date must precede the commencement date of this Contract. 4.7.2 The extended reporting period (tail) must be purchased to cover a minimum of Six (6) years beyond completion of work. 4.8 Railroad Protective Liability Insurance Contractor shall maintain Railroad Protective Liability coverage with limits of Two Million Dollars ($2,000,000) per occurrence and Six Million Dollars ($6,000,000) in the aggregate during the term of the Contract if Contractor’s work will involve working on, above, under or being within Fifty (50) feet of City of Tacoma railroad right of ways. CT22-0080F Page 40 of 89 The policy must be issued on a standard ISO form CG 00 35 (04-13), or equivalent, with City of Tacoma as a named insured (not named as an additional insured) and shall include the following: 4.8.1 Endorsed to include Limited Seepage and Pollution Endorsement 4.8.2 Endorsed to include Evacuation Expense Coverage Endorsement. 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. 4.10 Other Conditions Contractor will be responsible to comply with all specific insurance requirements associated with any highway or rail crossings, e.g., Washington State Department of Transportation (WSDOT), Burlington Northern Santa Fe Railway (BNSF), and Union Pacific Railroad (UPRR). CT22-0080F Page 41 of 89 GENERAL PROVISIONS (Revised December 15, 2020) 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 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 RESPONDENT'S BOND OR CERTIFIED CHECK Each bid for construction must be accompanied either by a certified or cashier’s 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. The person legally authorized to sign the bid must sign all bid bonds. 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. 1.04 DELIVERY OF PROPOSALS TO THE CITY’S PURCHASING OFFICE A. Proposal packages must be received by the City’s Procurement and Payables Division in SAP Ariba (unless another form of delivery is stated), prior to the scheduled time and date stated in the Solicitation. B. Supplier is solely responsible for timely delivery of its Submittal. C. Submittals received after the time stated in the solicitation will not be accepted. D. For purposes of determining whether a Submittal has been timely received in SAP Ariba, the City's Procurement and Payables Division will rely on the submittal clock in SAP Ariba. CT22-0080F Page 42 of 89 1.05 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. 1.06 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. 1.07 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. 1.08 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 require 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. 1.09 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 Procurement and Payables Office. The notice may be submitted in person or by mail; however, it must be received by the City’s Procurement and Payables 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. CT22-0080F Page 43 of 89 http://bls.dor.wa.gov/ https://www.cityoftacoma.org/government/city_departments/finance/tax_and_license/ https://www.cityoftacoma.org/government/city_departments/finance/tax_and_license/ 1.10 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. 1.11 CITY COUNCIL/PUBLIC UTILITY BOARD FINAL DETERMINATION The City Council or 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. 1.12 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. 1.13 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. 1.14 FIRM PRICES/ESCALATION Except as specifically allowed by the Special Provisions, only firm prices will be accepted. 1.15 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. 1.16 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). 1.17 EXTENSION OF CONTRACT Contracts resulting from this specification shall be subject to extension by mutual agreement per the same prices, terms and conditions. CT22-0080F Page 44 of 89 1.18 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. 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. 1.19 PAYMENT METHOD – EPAYABLES – CREDIT CARD ACCEPTANCE – EFT/ACH ACCEPTANCE A. Payment methods include: • 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: • 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. • Supplier retrieves card account through the secure, on-line portal provided via email notifications sent by the City’s commercial card provider. • 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. • Suppliers must be PCI-DSS compliant (secure credit card data management) and federal FACTA (sensitive card data display) compliant. • 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. • Electronic Funds Transfer (EFT) by Automated Clearing House (ACH). Standard terms are net 30 for this payment method. • 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. 1.20 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. 1.21 PUBLIC DISCLOSURE: PROPRIETARY OR CONFIDENTIAL INFORMATION A. Respondent’s Submittals, all documents and records comprising any Contract awarded to Respondent, and all other documents and records provided to the City by Respondent are deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, City may be required, upon request, to disclose the Contract and documents or records related to it unless an exemption under the Public Records Act or other laws applies. In the event CITY receives a request for such disclosure, determines in its legal judgment that no applicable exemption to disclosure applies; and Respondent has complied with the requirements to Respondent has complied with the requirements to mark records considered confidential or proprietary CT22-0080F Page 45 of 89 as such requirements are stated below, City agrees to provide Respondent 10 days written notice of impending release. Should legal action thereafter be initiated by Respondent to enjoin or otherwise prevent such release, all expense of any such litigation shall be borne by Respondent, including any damages, attorneys’ fees or costs awarded by reason of having opposed disclosure. City shall not be liable for any release where notice was provided and Respondent took no action to oppose the release of information. B. If Respondent provides City with records or information that Respondent considers confidential or proprietary, Respondent must mark all applicable pages or sections of said record(s) as “Confidential” or “Proprietary.” Further, in the case of records or information submitted in response to a Request for Proposals, an index must be provided indicating the affected pages or sections and locations of all such material identified Confidential or Proprietary. Information not included in the required index will not be reviewed for confidentiality or as proprietary before release. If Supplier fails to so mark or index Submittals and related records, then the City, upon request, may release said record(s) without the need to satisfy the requirements of subsection A above; and Respondent expressly waives its right to allege any kind of civil action or claim against the City pertaining to the release of said record(s). Submission of materials in response to City’s Solicitation shall constitute assent by Respondent to the foregoing procedure and Respondent shall have no claim against the City on account of actions taken pursuant to such procedure. 1.22 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, , 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 cashier’s check or cash may be substituted for the bonds; however, this cash or cashier’s 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. CT22-0080F Page 46 of 89 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: 1. Proposal pages prevail if they conflict with the General, Special or Technical Provisions. 2. Special Provisions prevail if they conflict with the General Provisions and/or Technical Provisions. 3. Technical Provisions prevail if they are in conflict with the General Provisions. 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 Director or Superintendent, whose decision shall be final. The word “Director” means the Director of the City of Tacoma General Government department that is administering the contract. The word "Superintendent" means the Superintendent of the City of Tacoma, Department of Public Utilities Division that is administering the contract. The Contract shall be carried out under the general control of the representative of the particular City Department or 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 all orders and instructions given by the representative of the particular Department or Division administering the Contract in accordance with the terms of the Contract. Provided, that for the purposes of construction contracts, such control shall only apply (a) to the extent necessary to ensure compliance with the provisions of this contract, and (b) to the extent necessary to fulfill any nondelegable duty of the City for the benefit of third parties not engaged in promoting the activity of this contract. Nothing herein contained, however, shall be taken to relieve the Contractor of his/her obligations or responsibilities under the Contract. 2.04 FEDERAL, STATE AND MUNICIPAL REGULATIONS All federal, state, municipal and/or local regulations shall be satisfied in the performance of all portions of this Contract. The Contractor shall be solely responsible for all violations of the law from any cause in connection with work performed under this Contract. CT22-0080F Page 47 of 89 2.05 INDEMNIFICATION A. Indemnification Contractor acknowledges that pursuant to the terms of this agreement, Contractor is solely and totally responsible for the safety of all persons and property in the performance of this Contract. To the greatest extent allowed by law, Contractor assumes the risk of all damages, loss, cost, penalties and expense and agrees to indemnity, defend and hold harmless the City of Tacoma, from and against any and all liability which may accrue to or be sustained by the City of Tacoma on account of any claim, suit or legal action made or brought against the City of Tacoma for the death of or injury to persons (including Contractor's or subcontractor's employees) or damage to property involving Contractor, or subcontractor(s) and their employees or agents, arising out of and in connection with or incident to the performance of the Contract including if the City is found to have a nondelegable duty to see that work is performed with requisite care, except for injuries or damages caused by the sole negligence of the City. In this regard, Contractor recognizes that Contractor is waiving immunity under industrial Insurance Law, Title 51 RCW. This indemnification extends to the officials, officers and employees of the City and also includes attorney's fees and the cost of establishing the right to indemnification hereunder in favor of the City of Tacoma. In addition, within the context of competitive bidding laws, it is agreed that this indemnification has been mutually negotiated. Provided however, this provision is intended to be applicable to the parties to this agreement and it shall not be interpreted to allow a Contractor's employee to have a claim or cause of action against Contractor. B. Limitation of Liability for Primarily Supply-Type Contracts In all contracts where the total cost of the supply of materials and/or equipment constitute at least 70 percent of the total contract price (as determined by the City), the City agrees that it will not hold the contractor, supplier or manufacturer liable for consequential damages for that part of the contract related to the manufacture and/or design of the equipment, materials or supplies. 2.06 CONTRACTOR'S INSURANCE A. During the course and performance of a Contract, Contractor will provide proof and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements as is applicable to the services, products, and deliverables provided under the Contract. The City of Tacoma Insurance Requirements document, if issued, is fully incorporated into the Contract by reference. B. 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. 2.07 ASSIGNMENT AND SUBLETTING OF CONTRACT C. Assignment The Contract shall not be assigned except with the consent of the Superintendent or his/her designee. Requests for assignment of this contract must be in writing with the written consent of the surety, and the request must show the proposed person or organization to which the contract is assigned is capable, experienced and equipped to perform such work. The proposed substitute person or organization may be required to submit to the City information as to his/her experience, financial ability and give statements covering tools, equipment, organization, plans and methods to fulfill any portion of the Contract prior to approval of assignment. D. Subletting The Contract shall not be sublet except with the written consent of the Superintendent or his/her designee. In the event that a prequalified electrical contractor is necessary to perform certain portions of the work, such work may be subcontracted with a City prequalified electrical contractor for the type of work involved. Requests for subletting of this Contract must be in writing with the written consent of the Surety, and the request must show the proposed person or organization to which the Contract is sublet is capable, experienced and equipped to perform such work. The proposed substitute person or organization may be required to submit to the City information as to his experience, financial ability and give statements covering tools, equipment, organization, plans and methods to fulfill any portion of the Contract prior to approval of subletting. CT22-0080F Page 48 of 89 The written consent approving the subletting of the Contract shall not be construed to relieve the Contractor of his/her responsibility for the fulfillment of the Contract. The Subcontractor shall be considered to be the agent of the Contractor and the Contractor agrees to be responsible for all the materials, work and indebtedness incurred by the agent. A subcontractor shall not sublet any portion of a subcontract for work with the City without the written consent of the City. 2.08 DELAY E. Extension of Time With the written approval of the Superintendent or his/her designee, the Contractor may be granted additional time for completion of the work required under this Contract, if, in the Superintendent's opinion the additional time requested arises from unavoidable delay. F. Unavoidable Delay Unavoidable delays in the prosecution of the work shall include only delays from causes beyond the control of the Contractor and which he/she could not have avoided by the exercise of due care, prudence, foresight and diligence. Delay caused by persons other than the Contractor, Subcontractors or their employees will be considered unavoidable delays insofar as they necessarily interfere with the Contractor's completion of the work, and such delays are not part of this Contract. Unavoidable delay will not include delays caused by weather conditions, surveys, measurements, inspections and submitting plans to the Engineer of the particular Division involved in administering this Contract. 2.09 GUARANTEE A. Guarantee for Construction, Labor or Services Contract Neither the final certificate of payment or any provision in the Contract Documents, nor partial or entire occupancy of the premises by the City, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The City will give notice of observed defects with reasonable promptness. If it has been discovered, before payment is required under the terms of the Contract, that there is a failure to comply with any of the terms and provisions of this Contract, the City has the right and may withhold payment. In case of a failure of any part of the work, materials, labor and equipment furnished by the Contract or to fully meet all of the requirements of the Contract, the Contractor shall make such changes as may be necessary to fully meet all of the specifications and requirements of this Contract. Such changes shall be made at the Contractor's sole cost and expense without delay and with the least practicable inconvenience to the City of Tacoma. Rejected material and equipment shall be removed from the City's prope