Track Maintenance

Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 TACOMA RAIL REQUEST FOR BIDS TRACK MAINTENANCE SPECIFICATION NO. TR22-0247F Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 City of Tacoma Tacoma Public Utilities / Tacoma Rail REQUEST FOR BIDS TR22-0247F Track Maintenance Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, September 20, 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: Track and bridge repairs and maintenance. Estimate: $820,000 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 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 Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 activities. Specification materials can be made available in an alternate format by emailing Gail Himes at ghimes@cityoftacoma.org, or by calling her collect at 253-591-5785. Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all 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 Tisha Rico, Senior Buyer by email to trico@cityoftacoma.org Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, specifies procedures for protests submitted prior to and after submittal deadline. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468. mailto:ghimes@cityoftacoma.org http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 Table of Contents SUBMITTAL CHECK LIST ......................................................................................................... 5 1. SPECIAL REMINDER TO ALL BIDDERS ........................................................................... 6 2. SPECIAL NOTICE TO BIDDERS ........................................................................................ 7 3. DESCRIPTION OF WORK ................................................................................................11 4. CALENDAR OF EVENTS ..................................................................................................11 5. INQUIRIES ........................................................................................................................11 6. PRE-BID MEETING ...........................................................................................................11 7. DISCLAIMER .....................................................................................................................12 8. RESPONSIVENESS ..........................................................................................................12 9. AWARD .............................................................................................................................12 10. PREVAILING WAGE INFORMATION ............................................................................13 11. PAYMENT AND PERFORMANCE BOND ......................................................................14 12. GENERAL PROVISIONS ...............................................................................................15 13. COMPLIANCE WITH SPECIFICATIONS .......................................................................15 14. MATERIALS AND WORKMANSHIP ..............................................................................15 15. INSURANCE REQUIREMENTS .....................................................................................15 16. LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM – LEAP........16 17. ENVIRONMENTALLY PREFERABLE PROCUREMENT ...............................................16 18. EQUITY IN CONTRACTING ...........................................................................................17 19. TECHNICAL PROVISIONS ............................................................................................17 APPENDIX A – BID SUBMITTAL FORMS ................................................................................23 APPENDIX B – SAMPLE DOCUMENTS ..................................................................................32 Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 SUBMITTAL CHECK LIST This checklist identifies items to be included with your submittal. Any submittal received without these required items may be deemed non-responsive and not be considered for award. Submittals must be received by the City of Tacoma Purchasing Division by the date and time specified in the Request for Bids page. The following items make up your submittal package: One electronic copy of your complete submittal package Bid Bond (Appendix A) Signature Page (Appendix A) Bid Proposal Form (Appendix A) Sustainability Form (Appendix A) Certificate of Compliance w/Wage Payment Statutes (Appendix A) State Responsibility and Reciprocal Bid Preference (Appendix A) 49CFR 219 FRA Acceptance Letters – to be provided by bidder 49CFR 243 FRA Acceptance Letters – to be provided by bidder After award, the following documents will be executed: Services Contract (Appendix B) Certificate of Insurance and related endorsements (Appendix B) Payment & Performance Bonds (Appendix B) LEAP Program Requirements and Forms (Appendix B) General Release (Appendix B) Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 1. 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. SUSTAINABILITY: To be filled in by the bidder 4. STATE RESPONSIBILITY AND RECIPROCAL BID PREFERENCE INFORMATION: Bidder shall complete this form in its entirety to ensure compliance with state legislation (SHB 2010). 5. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES: Bidder shall complete this form in its entirety to ensure compliance with state legislation (SHB 2017). 6. 49CFR 219 LETTER OF ACCEPTANCE: Contractor must fully comply with 49CFR 219 Control of Alcohol and Drug Use and provide Tacoma Rail with their letter of acceptance from the Federal Railroad Administration (FRA). 7. 49CFR 243 LETTER OF ACCEPTEANCE: Contractor must fully comply with 49CFR 243 Training, Qualification, and Oversight for Safety-Related Railroad Employees and must provide Tacoma Rail their letter of acceptance from the Federal Railroad Administration (FRA). 8. BID BOND: The Bid Bond must be executed by the person legally authorized to sign the bid, and must be properly signed by the representatives of the surety company unless the bid is accompanied by a certified check. If Bid Bond is furnished, 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 5% of the total amount bid. Original bid bond document must be received in office within 10 days of the submittal deadline. Address : Procurement and Payables Division 3628 South 35th St., Tacoma, WA 98409-3115 9.POST AWARD FORMS EXECUTED UPON AWARD: A. CONTRACT: Must be executed by the successful bidder. Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 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. LEAP UTILIZATION PLAN: Shall be submitted at the Pre-Construction meeting. F. 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. 2. SPECIAL NOTICE TO BIDDERS Public works and improvement projects for the City of Tacoma are subject to Washington state law and Tacoma Municipal Code, including, but not limited to the following: I. STATE OF WASHINGTON A. RESPONSIBILITY CRITERIA – STATE OF WASHINGTON In order to be considered a responsible bidder the bidder must meet the following mandatory state responsibility criteria contained in RCW 39.04.350: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal. 2. Have a current Washington Unified Business Identifier (UBI) number. 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW and; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). 5. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW and must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. B. RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS: Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 Effective March 30, 2012, RCW 39.04.380 imposes a reciprocal preference for resident contractors. Any bid received from a non-resident contractor from a state that provides an in- state percentage bidding preference is subject application of a comparable percentage disadvantage. A non-resident contractor from a state that provides an in-state percentage bidding preference means a contractor that: 1. Is from a state that provides a percentage bid preference to its resident contractors bidding on public works projects, and 2. Does not have a physical office located in Washington at the time of bidding on the City of Tacoma public works project. The state of residence for a non-resident contractor is the state in which the contractor was incorporated, or if not a corporation, the state in which the contractor’s business entity was formed. The City of Tacoma will evaluate all non-resident contractors for an out of state bidder preference. If the state of the non-resident contractor provides an in-state contractor preference, a comparable percentage disadvantage will be applied to the non-resident contractor’s bid prior to contract award. The responsive and lowest and best responsible bidder after application of any non-resident disadvantage will be awarded the contract. The reciprocal preference evaluation does not apply to public works procured pursuant to RCW 39.04.155, RCW 39.04.280, federally funded competitive solicitations where such agencies prohibit the application of bid preferences, or any other procurement exempt from competitive bidding. Bidders must provide the City of Tacoma with their state of incorporation or the state in which the business entity was formed and include whether the bidder has a physical office located in Washington. The bidder shall submit documentation demonstrating compliance with above criteria on the enclosed State Responsibility and Reciprocal Bidder Information form. C. SUBCONTRACTOR RESPONSIBILITY 1. The Contractor shall include the language of this subcontractor responsibility section in each of its first-tier subcontracts and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first-tier subcontractors meet the following bidder responsibility criteria: Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 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 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; Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 5. Previous and existing compliance with laws and ordinances relating to contracts or services; 6. Sufficiency of the respondent’s financial resources; 7. Quality, availability, and adaptability of the supplies, purchased services or public works to the particular use required; 8. Ability of the respondent to provide future maintenance and service on a timely basis; 9. Payment terms and prompt pay discounts; 10. The number and scope of conditions attached to the submittal; 11. Compliance with all applicable City requirements, including but not limited to the City's Ethics Code and its Small Business Enterprise and Local Employment and Apprenticeship programs; 12. Other qualification criteria set forth in the specification or advertisement that the appropriate department or division head determines to be in the best interests of the City. The City may require bidders to furnish information, sworn or certified to be true, to demonstrate compliance with the City responsibility criteria set forth above. If the city manager or director of utilities is not satisfied with the sufficiency of the information provided, or if the prospective respondent does not substantially meet all responsibility requirements, any submittal from such respondent must be disregarded. B. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division via email to bids@cityoftacoma.org no later than 5:00 p.m. Pacific Time, three days prior to the submittal deadline. Please include the Specification No. and Title when submitting such requests. Requests must include justification for why certain criteria should be modified. Requests received after this date and time will not be considered. The City will respond to a timely submitted request prior to the bid opening date. Changes to the supplemental criteria, if warranted, will be issued by addendum to the solicitation documents and posted to the City’s website for the attention of all prospective bidders. C. DETERMINATION OF BIDDER RESPONSIBILITY If the City determines the bidder does not meet the criteria above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees, the bidder may appeal the determination in a manner consistent with the City’s Protest Policy. Appeals are coordinated by the Purchasing Division heard by the Procurement and Payables Division manager for contracts less than or equal to $500,000 and by Contracts and Awards Board for contracts greater than $500,000. Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 3. 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 railroad track and bridge maintenance. Contract(s) will be awarded to the lowest responsive and responsible bidder(s) based on price, product quality and availability. 4. 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.. The anticipated schedule of events concerning this RFB is as follows: Bid Posting 8/30/2022 Question Deadline: 9/7/2022 City response to Questions: 9/12/2022 Submittal Due Date: 9/20/2022 Anticipated Award Date, on or about 9/30/2022 Public Utility Board/City Council Approval: October 5. INQUIRIES Questions should be submitted to Tisha Rico via email to TRICO@CityofTacoma.org. Subject line to read: TR22-0267F, Track Maintenance, Vendor Name 5.1 Questions are due no later than 3pm on the date indicated in the Calendar of Events 5.2 The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. 5.3 The answers are not typically considered an addendum. 5.4 The City will not be responsible for unsuccessful submittal of questions. 5.5 Written answers to questions will be posted alongside these specifications as indicated in the Calendar of Events section. 5.6 Questions marked confidential will not be answered or included. 6. PRE-BID MEETING 6.1 No pre-proposal meeting will be held. mailto:TRICO@CityofTacoma.org Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 7. 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. 8. 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 9. 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: 1. Compliance with specification. 2. Proposal prices, listed separately if requested, as well as a lump sum total 3. Time of completion/delivery. 4. Warranty terms. 5. Bidder's responsibility based on, but not limited to: a) Ability, capacity, organization, technical qualifications and skill to perform the contract or provide the services required. b) References, judgment, experience, efficiency and stability. c) Whether the contract can be performed within the time specified. d) Quality of performance of previous contracts or services Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 10. 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 County. The effective date for prevailing wages on this project will be the submittal deadline with these exceptions: 1. If the project is not awarded within six months of the submittal deadline, the award date is the effective date. 2. If the project is not awarded pursuant to a competitive solicitation, the date the contract is executed is the effective date. 3. Janitorial contracts follow WAC 296-127-023. Except for janitorial contracts, these rates shall apply for the duration of the contract unless otherwise noted in the solicitation. Look up prevailing rates of pay, benefits, and overtime codes from this link: https://secure.lni.wa.gov/wagelookup/ REQUIRED FILINGS 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://secure.lni.wa.gov/ or by visiting their MY L&I account. Payment and Performance Bonds can be closed out annually in line with contract renewals. The same bonds can remain in place throughout the contract and status inquiries to close out the previous year before renewals can be sent to Josiah Rowell, Warehouse Supervisor, via email to lduvall@cityoftacoma.org. A. One Intent to Pay Prevailing Wages and a corresponding approved Affidavit of Wages Paid (Affidavits) are to be filed for each 12 month (one year) period of the contract performance for the Contractor and all subcontractors of any tier. Intents for the Contractor and all subcontractors shall be filed prior to any payment for work performed following contract execution. Following the first 12 month period, Affidavits must be https://secure.lni.wa.gov/wagelookup/ http://apps.leg.wa.gov/RCW/default.aspx?cite=39.12 https://secure.lni.wa.gov/ mailto:lduvall@cityoftacoma.org Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 received prior to final payment for work performed during the first 12 month period. New Intents shall be filed prior to any payment for work performed during the second 12 month period for the Contractor and all subcontractors. Affidavits from the Contractor and all subcontractors must be received from Washington State’s Department of labor and Industries (L&I) per Article 6 of the General Conditions. B. Immediately following the end of all work completed under this Contract, the Contractor, and each Subcontractor of any tier, shall file an approved Affidavit of Wages Paid with the L&I. C. The Contractor shall post in a location readily visible to works at the Project site (1) a copy of the Statement of Intent to Pay Prevailing Wages approved by the Industrial Statistician of the Department of Labor and Industries and (2) the address and telephone number of the Industrial Statistician of the Department of labor and Industries to whom a complaint or inquiry concerning prevailing wages may be directed. D. If a State of Washington prevailing wage rate conflicts with another applicable wage rate (such as Davis-Bacon Ace wage rate) for the same labor classification, the higher of the two shall govern. E. Pursuant to RCW 39.12.060, if any dispute arises concerning the appropriate prevailing wage rate for work of a similar nature, and the dispute cannot be adjusted by the parties in interest, including labor and management representatives, the mater shall be referred for arbitration to the Director of the Department of Labor and Industries, and his or her decision shall be final and conclusive and binding on all parties involved in the dispute. F. The Contractor shall defend (at the Contractor’s sole costs, with legal counsel approved by the City of Tacoma), indemnify and hold the City harmless from all liabilities, obligations, claims, demands, damages, disbursements, lawsuits, losses, fines, penalties, costs and expenses, whether direct, indirect, including but not limited to attorneys’ fees and consultants’ fees and other costs and expenses, from any violation or alleged violation by the Contractor or any Subcontractor of any tier of RCW 39.12 (“Prevailing Wages on Public Works”) or Chapter 51 RCW (”Industrial Insurance”), including but not limited to RCW 51.12.050. 11. PAYMENT AND PERFORMANCE BOND If a payment and performance bond is stated herein, the required bond will be including power of attorney, will be in 100 percent of the Contract total and is subject to the following requirements. 1. The City’s payment and performance bond forms must be used. 2. The payment and performance bonds must be executed by a surety company licensed to do business in the state of Washington. 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. 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. Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 The initial three-year term of this Contract shall be divided into three separate one-year phases with the option for two one-year extensions. The total Contract value shall be pro-rated according to one-year phases. Prior to start of work, the Contractor shall furnish a payments and performance bonds for 25 percent of the value of the first year of the Contract. On or before the start of the second year, the Contractor will be required to execute a Contract amendment and shall furnish a payment and performance bonds securing 25 percent of the value assigned to the second-year phase of the Contract. On or before the start of the third year, the Contractor will be required to execute a Contract amendment and shall furnish a payment and performance bonds securing 25 percent of the value assigned to the third-year phase of the Contract. Said payment and performance bonds shall be for the purpose of ensuring the Contractor’s full and faithful performance of its obligations under this Contract during each annual phase and payment of all labor, material suppliers, labor benefits, and related taxes. Extensions beyond the initial term, if authorized by the Contract, may be granted at City’s sole discretion. In the event that the Contract is extended, the Contractor will be required to execute a written Contract amendment or other form of extension and shall furnish a payment and performance bonds securing 25 percent of the value assigned to each year extended. 12. GENERAL PROVISIONS City of Tacoma General Provisions apply. 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://secure.lni.wa.gov/home/ or by visiting their MY L&I account. 13. COMPLIANCE WITH SPECIFICATIONS All products shall be new and unused. Any product that does not comply with any part of these technical specifications shall be rejected and the vendor shall, at its own expense, including shipping, replace the item. 14. 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. 15. INSURANCE REQUIREMENTS Successful proposer will provide proof and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements document applicable to https://secure.lni.wa.gov/home/ Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 the services, products, and deliverables provided under the solicitation. The City of Tacoma Insurance Requirements document is fully incorporated into the solicitation by reference. See Appendix B. 16. LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM – LEAP The Local employment and apprenticeship training program has been adopted to counteract economic and social ills, which company high rates of unemployment within the city of Tacoma. The Tacoma City Council established the mandatory LEAP program for public works contracts pursuant to Ordinance number 28520. The primary goal is to provide an opportunity for city of Tacoma residents in Tacoma Public Utility ratepayers to enter apprenticeship programs, acquire skills, and perform work that will provide living wages. LEAP Goals: 1. Local employment utilization goal- Prime contractor is required to ensure that 15 percent of the labor hours worked on the project are performed by residents of the City of Tacoma or local economically distressed areas, whether or not such person is in apprentice. 2. Apprentice utilization goal prime contractor is required to ensure that 15 percent of the labor hours worked on the project are performed by apprentices who reside in the Tacoma Public Utilities service area. NOTE: both goals are assigned to this project the two goals can be satisfied concurrently if the prime contractor utilizes individuals who simultaneously delete the requirements of both goals, such as an apprentice who resides in the City of Tacoma or in a local economically distressed area. See City of Tacoma-Local Employment and Apprenticeship Training Program Section for additional information. LEAP Documents can be found in Appendix B. 17. ENVIRONMENTALLY PREFERABLE PROCUREMENT 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 https://cityoftacoma.org/government/city_departments/community_and_economic_development/local_employment_apprenticeship_training_program http://cms.cityoftacoma.org/sustainability/resolution38248-PurchasingPolicy.pdf Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 • 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 goal for this solicitation, however the City of Tacoma is committed to encouraging firms certified through the Washington State Office of Minority and Women’s Business Enterprise to participate in City contracting opportunities. See the TMC 1.07 Equity in Contracting Policy at the City’s Equity in Contracting Program website. 19. TECHNICAL PROVISIONS A. Provide personnel and equipment to perform railroad track maintenance. B. All work shall be in accordance with Standard Plans, Specifications, the American Railway Engineering and Maintenance-of-Way Association (AREMA) guidelines, and all applicable Federal Railroad Administration (FRA) Regulations. C. The Contractor shall provide service when directed by Tacoma Rail, the construction inspector, the engineer, or by an approved repair/maintenance schedule. D. The Contractor shall coordinate all work with Tacoma Rail. E. Tracks returned to service. In the event that trains and/or work equipment of the railroad will require access into and through the work areas. There must be coordination with the Tacoma Rail Roadmaster (253-377-3554) and Yardmaster (253-502-8867) on a daily basis during actual work/service periods. F. The maximum response time to reach any site shall be three hours. G. Materials necessary to perform maintenance/repairs shall conform to the current standards in AREMA, FRA, and/or WSDOT Standard Construction Specifications and be approved by the Tacoma Rail Roadmaster or designated individual. 19.01 MEASUREMENT OF WORK, EXPECTATIONS, PRICE PROPOSAL FORM DEFINITIONS A. Measurement for Personnel and Equipment will be per hour. The hours shall be based on actual time worked for Tacoma Rail. The unit price shall account for additional expenses incurred, including travel time. The prices for materials requested to be furnished by the Contractor will be based on the preset markup provided on the Price Proposal Form. B. Price Proposal Form Definitions / Expectations https://omwbe.diversitycompliance.com/ https://omwbe.diversitycompliance.com/ https://cityoftacoma.org/government/city_departments/community_and_economic_development/equity_in_contracting Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 1. STORM WATER POLLUTION PREVENTION PLAN (Item 1) EXPECTATION: Considered to be a “living” document in that it should be continually revised to account for additional erosion control/pollution prevention BMP’s as they become necessary and are implemented in the field during project construction. The most current Storm Water Pollution Prevention Plan (SWPPP) shall remain on site at all times and a copy forwarded to the Tacoma Rail Roadmaster upon request. MEASUREMENT: Lump sum amount bid on proposal page will be a one-time payment from Tacoma Rail as reimbursement to the contractor to cover all costs associated with the SWPPP for the entire length of the contract. 2. FOREMAN (Items 2, 3, 4) EXPECTATION: The contractor shall have employed a competent individual (foreman) that is responsible for planning, coordination, and execution of specific track construction, repair activities consistent with AREMA guidelines, Tacoma Rail standards, and all applicable FRA regulations. This individual is additionally responsible for ensuring general safety and compliance with applicable state and federal railroad workplace safety regulations. The foreman shall be present at the project site at all times during the entire progress of the work. The foreman shall have full authority to act on the contractor’s behalf. All employees will be fit for duty without work restrictions. FOREMAN OVERTIME: Overtime will be considered time worked for Tacoma Rail that is more than eight paid hours per day, per employee. FOREMAN DOUBLE TIME: Tacoma Rail will only consider Sundays and federal holidays as double time eligible. MEASUREMENT: Shall be measured by the actual hours worked at the fixed cost per hour. 3. POWER EQUIPMENT OPERATOR (Items 5, 6, 7) EXPECTATION: The Contractor shall have employed an individual that possesses all required certifications and has demonstrated proficiency in the ability to safely operate on and off track equipment used in the construction, repair, and maintenance of railroad tracks, including but not limited to: Ballast regulators, tampers, mechanical booms, loaders and backhoes, consistent with Tacoma Rail standards, applicable state regulations and federal regulations including but not limited to those prescribed by 49 CFR Part 214. All employees will be fit for duty without work restrictions. Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 POWER EQUIPMENT OPERATOR OVERTIME: Overtime will be considered time worked for Tacoma Rail that is more than eight paid hours per day, per employee. POWER EQUIPMENT OPERATOR DOUBLE TIME: Tacoma Rail will only consider Sundays and federal holidays as double time eligible. MEASUREMENT: Shall be measured by the actual hours worked at the fixed cost per hour. 4. TRACK LABORER (Items 8, 9, and 10) EXPECTATION: Contractor shall have employed responsible track labor personnel that are responsible for constructing and maintaining railroad tracks, switches, and roadbeds following the instructions of a foreman. Essential functions may include, but are not limited to: Installing or replacing cross ties, rails, switches, ballast, driving spikes, tightening bolts, digging ditches, replacing equipment which has derailed, operate a variety of vehicles, tools and perform other related incidental work. Track laborers must safely be able to frequently lift tools and materials and perform strenuous labor in all weather conditions. TRACK LABORER OVERTIME: Overtime will be considered time worked for Tacoma Rail that is more than eight paid hours per day, per employee. TRACK LABORER DOUBLE TIME: Tacoma Rail will only consider Sundays and federal holidays as double time eligible. MEASUREMENT: Shall be measured by the actual hours worked at the fixed cost per hour. 5. BALLAST REGULATOR (Item 11) EXPECTATION: Ballast regulators intended for use on Tacoma Rail tracks, shall be operationally sound, and in full compliance with all applicable state and FRA 49 CFR Part 214 regulations. MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 6. BACKHOE (Item 12) EXPECTATION: Backhoe shall be size appropriate for all jobs, shall be safe, operable, and comply with all state and federal regulations. Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 7. FORKLIFT (Item 13) EXPECTATION: Forklift shall be size appropriate for all jobs, safe, operable and comply with all state and federal regulations. MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 8. PICKUP TRUCK (Item 14) EXPECTATION: Pickup truck for crew transportation shall be safe, operationally sound and comply with all applicable state regulations. MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 9. TAMPER/SWITCH TAMPER (Item 15) EXPECTATION: Tampers intended for use on Tacoma Rail tracks shall be safe, operationally sound and fully comply with all applicable state and FRA 49CFR Part 214 regulations. MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 10. MISCELLANEOUS TRACK HAND TOOLS (Item 16) EXPECTATION: Tools used by track workers that are hydraulically, pneumatically, or gas/diesel powered, such as saws, hand tampers, wrenches, jacks, jack hammers, or manually operated tools such as shovels, wrenches, pry-bars, spike mauls, sledgehammers, etc., shall be safe and in good repair. Such tools and the like will be provided by the contractor to the contractor’s own employees as necessary to effectively and efficiently complete any and all assigned tasks. MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 11. TRUCK RENTAL, INCLUDING FLAT BED TRAILER (Item 17) EXPECTATION: Rental truck intended for use on Tacoma Rail tracks shall be safe, operationally sound and fully comply with all applicable state and FRA 49CFR Part 214 regulations. Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 12. TRUCK DRIVER (Items 18, 19) EXPECTATION: An employee that is used to transport off road equipment to and from a job site that possesses a valid CDL driver’s license issued by a state government. TRUCK DRIVER, OVERTIME: Overtime will be considered time worked for Tacoma Rail that is more than eight paid hours per day, per employee. MEASUREMENT: Shall be measured by the actual hours travelled to and from a Tacoma Rail job site at the fixed cost per hour. 13. IT 28 LOADER (Item 20) EXPECTATION: Loader shall be size appropriate for all jobs, shall be safe, operable, and comply with all state and federal regulations. MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 14. AIR COMPRESSOR (Item 21) EXPECTATION: Any compressor used shall produce sufficient air pressure to run all pneumatic equipment required for the specific job. MEASUREMENT: Shall be measured by the actual hours used at the fixed cost per hour. 15. MISCELLANEOUS TRACK MATERIALS (Item 22) EXPECTATION: Miscellaneous track materials that the contractor may need to purchase. All items must be listed on the receipt from the vendor and a copy of the invoice attached to the billing from the contractor to Tacoma Rail. To be considered for payment, Tacoma Rail must approve all materials prior to purchase. MEASUREMENT: Percentage mark-up bid on proposal sheet to be added to each vendor’s invoice for materials purchased. 16. MISCELLANEOUS TRACK EQUIPMENT (Item 23) Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 EXPECTATION: Miscellaneous track equipment is specialized equipment that the contractor may need to rent. Each rental item must be listed on the receipt from the rental agency and a copy of the invoice attached to the billing from the contractor to Tacoma Rail. To be considered for payment, Tacoma Rail must approve all rented items prior to rental. MEASUREMENT: Percentage mark-up bid on proposal sheet to be added to each rental agency’s invoice for rental items. 17. SPILL PREVENTION, CONTROL AND COUNTERMEASURES (SPCC) PLAN* (Item 24) EXPECTATION: The Spill Prevention, Control, and Countermeasure (SPCC) rule includes requirements for oil spill prevention, preparedness, and response to prevent oil discharges. MEASUREMENT: Lump sum amount bid on proposal page will be a one- time payment from Tacoma Rail as reimbursement to the contractor to cover all costs associated with the Spill Prevention, Control and Countermeasures Plan for the entire length of the contract. *Information on the SPCC can be found in the WSDOT Standard Specification Book section 1-07.15(1). Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 APPENDIX A – BID SUBMITTAL FORMS Bid Bond Signature Page Bid Proposal Form Sustainability Form Certificate of Compliance w/Wage Payment Statutes State Responsibility and Reciprocal Bid Preference 49CFR 219 FRA Acceptance Letters – to be provided by bidder 49CFR 243 FRA Acceptance Letters – to be provided by bidder Form No. SPEC-090A Revised: 08/2004 Herewith find deposit in the form of a cashier’s check in the amount of $__________________ which amount is not less than 5-percent of the total bid. SIGN HERE__________________________________ BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ______________________________________________________________, as Principal, and ______________________________________________________________________, as Surety, are held and firmly bound unto the City of Tacoma, as Obligee, in the penal sum of __________________ _________________________________________________ dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS _______________ DAY OF __________________, 20______. PRINCIPAL: SURETY: __________________, 20______ Received return of deposit in the sum of $ _______________________________________________ ___________________________ Form No. SPEC-080A Revised: 06/01/2021 SIGNATURE PAGE CITY OF TACOMA TACOMA RAIL 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. TR22-0247F TRACK MAINTENANCE The undersigned bidder/proposer hereby agrees to execute the proposed contract and furnish all materials, labor, tools, equipment and all other facilities and services in accordance with these specifications. The bidder/proposer agrees, by submitting a bid/proposal under these specifications, that in the event any litigation should arise concerning the submission of bids/proposals or the award of contract under this specification, Request for Bids, Request for Proposals or Request for Qualifications, the venue of such action or litigation shall be in the Superior Court of the State of Washington, in and for the County of Pierce. Non-Collusion Declaration The undersigned bidder/proposer hereby certifies under penalty of perjury that this bid/proposal is genuine and not a sham or collusive bid/proposal, or made in the interests or on behalf of any person or entity not herein named; and that said bidder/proposer has not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham bid/proposal or any person or entity to refrain from submitting a bid/proposal; and that said bidder/proposer has not, in any manner, sought by collusion to secure to itself an advantage over any other contractor(s) or person(s). Bidder/Proposer’s Registered Name Address City, State, Zip E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 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. Respondent Name ____________________________________________________ Specification: TR22-0247F 1 0f 3 | P a g e CITY OF TACOMA * PRICE PROPOSAL FORM * Request for Bids TR22-0247F Tideland and Capital Division Track Maintenance • All prices are to be in U.S. dollars and include all associated fees. The City will not pay any additional fees, tariffs, add-ons or surcharges. • To offer an alternate bid, copy and submit the appropriate proposal pages. • We agree to furnish the following items F.O.B. Destination, freight prepaid and allowed (included in unit price). • For more information on items see section 19.1. Item No. Description Estimated Qty. Unit Price Extended Price 1 Storm Water Pollution Prevention Plan, at per lump sum Lump Sum Lump Sum 2 Foreman, at per hour 1300 Hour 3 Foreman, Overtime, at per hour 75 Hour 4 Foreman, Double Time, at per hour 20 Hour 5 Power Equipment Operator, at per hour 1550 Hour 6 Power Equip. Operator, Overtime, at per hour 75 Hour 7 Power Equip. Operator, Double Time, at per hour 20 Hour 8 Track Labor, at per hour 1650 Hour 9 Track Labor, Overtime, at per hour 75 Hour 10 Track Labor, Double Time, at per hour 20 Hour 11 Ballast Regulator Vehicle, at per hour 150 Hour 12 Backhoe, at per hour 350 Hour 13 Forklift, at per hour 20 Hour 14 Pickup Truck, at per hour 1500 Hour 15 Tamper/Switch Tamper, at per hour 300 Hour 16 Miscellaneous Track Tools, at per hour 1500 Hour 17 Truck Rental incl. Flat Bed Trailer, at per hour 100 Hour 18 Truck Driver, at per hour 20 Hour Respondent Name ____________________________________________________ Specification: TR22-0247F 2 0f 3 | P a g e 19 Truck Driver, Overtime, at per hour 20 Hour 20 IT 28 Loader 1500 Hour 21 Air Compressor, at per hour 150 Hour 22 Miscellaneous Track Materials, at cost plus percentage Cost + _________ % $ 200,000.00 23 Miscellaneous Track Equipment, at cost plus percentage Cost + _________ % $ 50,000.00 24 Spill Prevention, Control and Countermeasures (SPCC) Plan, at per lump sum Lump Sum Lump Sum Subtotal Sales Tax 10.3% $ GRAND TOTAL $ Note: The unit price and extended price are to be shown in the spaces provided. Extended price shall be determined by multiplying the unit price by the quantity. A. Prompt Payment Discount _____% _____ days, net 30. Payment discount periods of 20 calendar days or more will be considered in determining lowest responsive bid. B. Most Favorable Prices and Terms 1. All prices, terms and benefits offered are equal to or better than the equivalent prices, terms and benefits being offered by Respondent to any other government unit or commercial customer. Y____ N____ 2. If any contract, agreement or arrangement for comparable products and volumes provides lower prices, more favorable terms or greater benefits to any other government unit or commercial customer, during the term of this Contract, this Contract shall thereupon be deemed amended to provide the same or better prices, terms and benefits to the City. Y____ N____ Respondent Name ____________________________________________________ Specification: TR22-0247F 3 0f 3 | P a g e C. Does your firm collect and remit sales tax to the state of Washington? Y____ N____ D. Does your firm accept payment by Visa credit card? NOTE: The City of Tacoma will not accept price changes or pay additional fees when a credit card is used. Y____ N___ E. Does your firm accept payment by EFT/ACH? (Electronic Funds Transfer (EFT) by Automated Clearing House (ACH)) Y____ N____ F. Respondent’s statement of response time. Provide your proposed response time following call out from Tacoma Rail. Indicate whether proposed response times equal or exceed requirements detailed in Section 1.14. B. Provide additional pages if needed. G. Respondent’s statement of warranty terms. Provide details of warranty coverage, including whether provided by manufacturer or Respondent. Provide additional pages if needed. H. NOTICE • The City cannot legally accept a substantial deviation from these Specifications. • Bids/Proposals containing any substantial deviation will be rejected as non-responsive. • If statements or attached materials deviate from the requirements established by this Specification, it is agreed that you will perform according to the highest standard indicated in this Specification. • Providing a Bid/Proposal in response to these Specifications creates a conclusive presumption that you accept and will comply with all Specification requirements. RFB TW21-0513N City of Tacoma 2021 GRW Culvert Replacements Sustainability The City has an interest in sustainable operations with minimal adverse impact on the environment. The City seeks to do business with vendors that value community and environmental stewardship that help us meet our sustainable purchasing goals. 1. Please describe how you have incorporated sustainability into your everyday business practices? 2. Please describe how you have taken measures to minimize impacts to the environment in the delivery of the proposed services? ---- City of Tacoma Certification of Compliance with Wage Payment Statutes 09/20/2018 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (August 30, 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. Revised: 07/20/2007, 04/12/2012, 06/21/2019 Specification No. TR22-0247F 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 Request for Bids Specification No. TR22-0247F Template Revised: 04/07/2022 APPENDIX B – SAMPLE DOCUMENTS Sample Contract Sample Performance & Performance Bonds City of Tacoma Insurance Requirements General Release General Provisions SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 1 of 9 CONTRACT Resolution No. Contract No. This Contract is made and entered into effective as of [Month], [Day], [Year] (“Effective Date”) by and between the City of Tacoma, a Municipal Corporation of the State of Washington (“City”), and [supplier name as it appears in Ariba, including dbas or trade names] (“Contractor”). That in consideration of the mutual promises and obligations hereinafter set forth the Parties hereto agree as follows: I. Contractor shall fully execute and diligently and completely perform all work and provide all services and deliverables described herein and in the items listed below each of which are fully incorporated herein and which collectively are referred to as “Contract Documents”: 1. Specification No. [Spec Number] [ Spec Title] together with all authorized addenda. 2. Contractor’s submittal [or specifically described portions thereof] dated [Enter Submittal Date] submitted in response to Specification No. [Spec Number] [Spec Title]. 3. Describe with specific detail and list separately any other documents that will make up the contract (fee schedule, work schedule, authorized personnel, etc.) or any other additional items mutually intended to be binding upon the parties. II. If federal funds will be used to fund, pay or reimburse all or a portion of the services provided under the Contract, the terms and conditions set forth at this Appendix A are incorporated into and made part of this Contract and CONTRACTOR will comply with all applicable provisions of Appendix A and with all applicable federal laws, regulations, executive orders, policies, procedures, and directives in the performance of this Contract. If CONTRACTOR’s receipt of federal funds under this Contract is as a sub-recipient, a fully completed Appendix B, “Sub-recipient Information and Requirements” is incorporated into and made part of this Contract. III. In the event of a conflict or inconsistency between the terms and conditions contained in this document entitled Contract and any terms and conditions contained the above referenced Contract Documents the following order of precedence applies with the first listed item being the most controlling and the last listed item the least controlling: 1. Contract, inclusive of Appendices A and B. 2. List remaining Contract Documents in applicable controlling order. IV. The Contract terminates on xxxxx, and may be renewed for xxxxxxxx V. The total price to be paid by City for Contractor’s full and complete performance hereunder, including during any authorized renewal terms, may not exceed: $[Dollar Amount], plus any applicable taxes. VI. Contractor agrees to accept as full payment hereunder the amounts specified herein and in Contract Documents, and the City agrees to make payments at the times and in the manner and upon the terms and conditions specified. Except as may be otherwise provided herein or in Contract Documents Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work and providing the services and deliverables required by this Contract. VII. The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card (aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House (ACH), then check or other cash equivalent. CONTRACTOR may be required to have the capability of accepting the City’s ePayables or credit card methods of payment. The City of Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or credit card is used. The City, in its sole discretion, will determine the method of payment for this Contract. SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 2 of 9 VIII. 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 the insurance requirements contained in the Contract Documents shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. IX. Contractor and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the requirements contained herein and in Contract Documents. It is further provided that no liability shall attach to City by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the Parties hereto have accepted and executed this Contract, as of the Effective Date stated above, which shall be Effective Date for bonding purposes as applicable. CITY OF TACOMA: CONTRACTOR: Signature: Signature: Name: Name: Title: Title: (City of Tacoma use only - blank lines are intentional) Director of Finance: ______________________________________________________________ Deputy/City Attorney (approved as to form): _________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ APPENDIX A FEDERAL FUNDING SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 3 of 9 1. Termination for Breach CITY may terminate this Contract in the event of any material breach of any of the terms and conditions of this Contract if CONTRACTOR’s breach continues in effect after written notice of breach and 30 days to cure such breach and fails to cure such breach. 2. Prevailing Wages 1. If federal, state, local, or any applicable law requires CONTRACTOR to pay prevailing wages in connection with this Contract, and CONTRACTOR is so notified by the CITY, then CONTRACTOR shall pay applicable prevailing wages and otherwise comply with the Washington State Prevailing Wage Act (RCW 39.12) in the performance of this Contract. 2. If applicable, a Schedule of Prevailing Wage Rates and/or the current prevailing wage determination made by the Secretary of Labor for the locality or localities where the Contract will be performed is made of part of the Contract by this reference. If prevailing wages apply to the Contract, CONTRACTOR and its subcontractors shall: i. Be bound by and perform all transactions regarding the Contract relating to prevailing wages and the usual fringe benefits in compliance with the provisions of Chapter 39.12 RCW, as amended, the Washington State Prevailing Wage Act and/or the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable, including the federal requirement to pay wages not less than once a week. ii. Ensure that no worker, laborer or mechanic employed in the performance of any part of the Contract shall be paid less than the prevailing rate of wage specified on that Schedule and/or specified in a wage determination made by the Secretary of Labor (unless specifically preempted by federal law, the higher of the Washington state prevailing wage or federal Davis-Bacon rate of wage must be paid. iii. Immediately upon award of the Contract, contact the Department of Labor and Industries, Prevailing Wages section, Olympia, Washington and/or the federal Department of Labor, to obtain full information, forms and procedures relating to these matters. Per such procedures, a Statement of Intent to Pay Prevailing Wages and/or other or additional documentation required by applicable federal law, must be submitted by CONTRACTOR and its subcontractors to the CITY, in the manner requested by the CITY, prior to any payment by the CITY hereunder, and an Affidavit of Wages Paid and/or other or additional documentation required by federal law must be received or verified by the CITY prior to final Contract payment. 3. COPELAND ANTI-KICKBACK ACT For Contracts subject to Davis Bacon Act the following clauses will be incorporated into the Contract: A. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract. B. CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses federal agencies may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 4 of 9 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these Contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 4. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. If the CONTRACTOR does over $10,000 in business a year that is funded, paid or reimbursed with federal funds, CONTRACTOR will take specific and affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: A. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. D. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. In the event of CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further federally funded contracts in accordance with procedures SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 5 of 9 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT A. Overtime requirements. Neither CONTRACTOR or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (3)(A) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (3)(A) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (3)(A) of this section. C. Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 6 of 9 contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (3)(B) of this section. D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (3)(A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (3)(A) through (D) of this section. 6. CLEAN AIR ACT A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funds. 7. FEDERAL WATER POLLUTION CONTROL ACT A. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the appropriate federal agency. C. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funding. 8. DEBARMENT AND SUSPENSION A. This Contract is a Covered Transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the CONTRACTOR is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier Covered Transaction it enters into. SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 7 of 9 C. This certification is a material representation of fact relied upon by the CITY. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Contract and to include a provision requiring such compliance in its lower tier covered transactions. 9. BYRD ANTI-LOBBYING AMENDMENT A. Contractors who apply or bid for an award of $100,000 or more shall file the required certification with CITY. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the CITY. B. If applicable, CONTRACTOR must sign and submit to the CITY the certification required by Appendix A to 44 CFR Part 18 contained at Appendix A-1 to this Contract. 10. PROCUREMENT OF RECOVERED MATERIALS A. In the performance of this Contract, CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing forcompliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price. B. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. C. CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. https://www.epa.gov/smm/comprehensive-%20procurement-guideline-cpg-program SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 8 of 9 APPENDIX A-1 APPENDIX A to 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, __________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. ___________________________________ Signature of Contractor’s Authorized Official ___________________________________ Name and Title of Contractor’s Authorized Official ______________Date SA MP LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 9 of 9 APPENDIX B—Sub-recipient information and requirements Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification (i) Agency Name (must match the name associated with its unique entity identifier) (ii) Unique Entity Identifier (i.e., DUNS) City of Tacoma Number for This Agreement (iii) Federal Award Identification Number (FAIN) (iv) Federal Award Date (v) Federal Period of Performance Start and End Date (vi) Federal Budget Period Start and End Date (vii) Amount of Federal Funds Obligated to the agency by this action: $ (viii) Total Amount of Federal Funds Obligated to the agency (ix) Total Amount of the Federal Award Committed to the agency $ (x) Federal Award Project Description: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS– City of Tacoma (xi) Federal Awarding Agen cy: DEPARTMENT OF THE TREASURY Pass-Through Entity: City of Tacoma Awarding Official Name and Contact Information: (xii) Assistance Listing Number and Name (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listing number at time of disbursement) (xiii) Identification of Whether the Award is R&D (xiv) Indirect Cost Rate for the Federal Award Award Payment Method (lump sum payment or reimbursement) REIMBURSEMENT CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number TR22-0247F Template Revised 10/3/2019 Page 1 of 4 The Contractor (Contractor) shall maintain at least the minimum insurance set forth below. By requiring such minimum insurance, the City of Tacoma shall not be deemed or construed to have assessed the risk that may be applicable to Contractor under this Contract. Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) of every tier performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements applicable to Contractor and Contractor’s Subcontractor(s): 1.1. City of Tacoma reserves the right to approve or reject the insurance provided based upon the insurer, terms and coverage, the Certificate of Insurance, and/or endorsements. 1.2. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by City of Tacoma. 1.3. Contractor shall keep this insurance in force during the entire term of the Contract and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.4. Insurance policies required under this Contract that name “City of Tacoma” as Additional Insured shall: 1.4.1. Be considered primary and non-contributory for all claims. 1.4.2. Contain a “Separation of Insured provision and a “Waiver of Subrogation” clause in favor of City of Tacoma. 1.5. Section 1.4 above does not apply to contracts for purchasing supplies only. 1.6. Verification of coverage shall include: 1.6.1. An ACORD certificate or equivalent. 1.6.2. Copies of all endorsements naming the City of Tacoma as additional insured and showing the policy number. 1.6.3. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. 1.7. Liability insurance policies, with the exception of Professional Liability and Workers’ Compensation, shall name the City of Tacoma and its officers, elected officials, employees, agents, and authorized volunteers as additional insured. 1.7.1. No specific person or department should be identified as the additional insured. 1.7.2. All references on certificates of insurance and endorsements shall be listed as “City of Tacoma”. 1.7.3. The City of Tacoma shall be additional insured for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number TR22-0247F Template Revised 10/3/2019 Page 2 of 4 37 04 13 or the equivalent for the full available limits of liability maintained by the Contractor irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract and irrespective of whether the Certificate of Insurance describes limits lower than those maintained by the Contractor. 1.8. Contractor shall provide a Certificate of Insurance for each policy of insurance meeting the requirements set forth herein when Contractor provides the signed Contract for the work to City of Tacoma. Contractor shall provide copies of any applicable Additional Insured, Waiver of Subrogation, and Primary and Non-contributory endorsements. Contract or Permit number and the City Department must be shown on the Certificate of Insurance. 1.9. Insurance limits shown below may be written with an excess policy that follows the form of an underlying primary liability policy or an excess policy providing the required limit. 1.10. Liability insurance policies shall be written on an “occurrence” form, except for Professional Liability/Errors and Omissions, Pollution Liability, and Cyber/Privacy and Security 1.11. If coverage is approved and purchased on a “Claims-Made” basis, Contractor warrants continuation of coverage, either through policy renewals or by the purchase of an extended reporting period endorsement as set forth below. 1.12. The insurance must be written by companies licensed or authorized in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best's Key Rating Guide www.ambest.com. 1.13. Contractor shall provide City of Tacoma notice of any cancellation or non-renewal of this required insurance within Thirty (30) calendar days. 1.14. Contractor shall not allow any insurance to be cancelled or lapse during any term of this Contract, otherwise it shall constitute a material breach of the Contract, upon which City of Tacoma may, after giving Five (5) business day notice to Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith; with any sums so expended to be repaid to City of Tacoma by Contractor upon demand, or at the sole discretion of City of Tacoma, offset against funds due Contractor from City of Tacoma. 1.15. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.16. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services has changed. http://www.ambest.com/ CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number TR22-0247F Template Revised 10/3/2019 Page 3 of 4 1.17. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made by City of Tacoma to Contractor. 1.18. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.19. Failure by City of Tacoma to identify a deficiency in the insurance documentation provided by Contractor or failure of City of Tacoma to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.20. If Contractor is a State of Washington or local government and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. 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 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 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number TR22-0247F Template Revised 10/3/2019 Page 4 of 4 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. 4.3 Workers' Compensation Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. The Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 4.4 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 4.5 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. 4.6 Railroad Protective Liability Ins