TACOMA PUBLIC UTILITIES

Transcription

1 TACOMA PUBLIC UTILITIES REQUEST FOR BIDS FLAGGING AND TRAFFIC CONTROL SERVICES SPECIFICATION NO. TU F Form No. SPEC-010C

2 City of Tacoma Tacoma Public Utilities REQUEST FOR BIDS TU F Flagging and Traffic Control Services Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, October 3, 2017 Submittal Delivery: Sealed submittals will be received as follows: By Carrier: City of Tacoma Procurement & Payables Division Tacoma Public Utilities 3628 S 35 th Street Tacoma, WA By Mail: City of Tacoma Procurement & Payables Division Tacoma Public Utilities PO Box Tacoma, WA In Person: City of Tacoma Procurement & Payables Division Tacoma Public Utilities Lobby Security Desk Administration Building North Main Floor 3628 S 35 th Street Tacoma, WA Note: This is a change in location for in-person deliveries. Submittal Opening: Sealed submittals in response to a RFB will be opened by a Purchasing representative and read aloud during a public bid opening held in Conference Room M-1, located on the main floor in the same building. Submittals in response to an RFP or RFQ are recorded as received but are not typically opened and read aloud. After 1:00 p.m. the day of bid opening, the names of vendors submitting proposals are posted to the website for public viewing. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: A pre-proposal meeting will not be held. Project Scope: The City of Tacoma intends to contract with a qualified firm(s) to provide traffic control personnel and equipment to various business units within Tacoma Public Utilities for up to five years. Estimate: $1.3 million 3 year contract; potential aggregate 5 year contract $2.2 million. Paid Leave and Minimum Wage: Effective February 1, 2016, the City of Tacoma requires all employers to provide paid leave and minimum wages, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit Additional Information: Requests for information regarding the specifications may be obtained by contacting Kim Ward, senior buyer by to kward2@cityoftacoma.org. Protest Policy: City of Tacoma protest policy, located at 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 Form No. SPEC-040C Revised: 01/13/2017

3 TABLE OF CONTENTS SUBMITTAL CHECKLIST SUBMITTAL GENERAL INFORMATION SIGNATURE PAGE PROPOSAL PRICING SHEETS PROPOSAL SUPPLEMENT FORM CONTRACTOR S RECORD OF PRIOR CONTRACTS SAFETY PLAN PRIME CONTRACTOR'S PRE WORK FORM SMALL BUSINESS ENTERPRISE (SBE) QUESTIONNAIRE GENERAL PROVISIONS SECTION 1 BIDDING REQUIREMENTS 1.01 USE AND COMPLETION OF CITY PROPOSAL SHEETS A. RESPONDENT'S PROPOSAL B. ALTERATIONS OF PROPOSALS NOT ALLOWED C. FILLING OUT CITY PROPOSAL SHEETS 1.02 CLARIFICATION OF PROPOSAL FOR BIDDER 1.03 SMALL BUSINESS ENTERPRISE (SBE) PROGRAM AND EQUAL OPPORTUNITY EMPLOYMENT A. PUBLIC WORK OR IMPROVEMENT TYPE PROJECTS AND CONTRACTS: B. PURCHASE OF GOODS AND/OR SERVICES CONTRACTS: 1.04 RESPONDENT'S BOND OR CERTIFIED CHECK 1.05 DELIVERY OF PROPOSALS TO THE CITY S PURCHASING OFFICE 1.06 CONTRACTOR'S STATE REGISTRATION NUMBER 1.07 BID IS NONCOLLUSIVE 1.08 EVALUATION OF BID A. PRICE, EXPERIENCE, DELIVERY TIME AND RESPONSIBILITY B. PREQUALIFIED ELECTRICAL CONTRACTOR C. INSERTIONS OF MATERIAL CONFLICTING WITH SPECIFICATIONS D. CORRECTION OF AMBIGUITIES AND OBVIOUS ERRORS E. CONSIDERATION OF TAX REVENUE 1.09 WITHDRAWAL OF BID A. PRIOR TO BID OPENING B. AFTER BID OPENING 1.10 OPENING OF BIDS 1.11 PUBLIC UTILITY BOARD FINAL DETERMINATION 1.12 BIDDER'S REFUSAL TO ENTER INTO CONTRACT 1.13 TAXES A. INCLUDE IN PROPOSAL ALL TAXES B. FEDERAL EXCISE TAX C. CITY OF TACOMA BUSINESS AND OCCUPATION TAX 1.14 FIRM PRICES/ESCALATION 1.15 AWARD A. CONSTRUCTION AND/OR LABOR CONTRACTS B. SUPPLY/EQUIPMENT CONTRACTS 1.16 INCREASE OR DECREASE IN QUANTITIES 1.17 EXTENSION OF CONTRACT 1.18 PAYMENT TERMS 1.19 COOPERATIVE PURCHASING 1.20 PROPRIETARY OR CONFIDENTIAL TRADE SECRET INFORMATION Page 1 of 129

4 SECTION 2 CONTRACT REQUIREMENTS 2.01 CONTRACTOR'S RESPONSIBILITY A. CONTRACT DOCUMENTS B. SURETY BONDS C. INDEPENDENT CONTRACTOR 2.02 CONFLICTS IN SPECIFICATIONS 2.03 INSPECTION A. OF THE WORK B. INSPECTOR'S AUTHORITY 2.04 FEDERAL, STATE AND MUNICIPAL REGULATIONS 2.05 INDEMNIFICATION A. INDEMNIFICATION B. LIMITATION OF LIABILITY FOR PRIMARILY SUPPLY TYPE CONTRACTS 2.06 ASSIGNMENT AND SUBLETTING OF CONTRACT A. ASSIGNMENT B. SUBLETTING 2.07 DELAY A. EXTENSION OF TIME B. UNAVOIDABLE DELAY 2.08 GUARANTEE A. GUARANTEE FOR CONSTRUCTION, LABOR OR SERVICES CONTRACT B. GUARANTEE FOR SUPPLY CONTRACTS C. GUARANTEE PERIOD EXTENSION 2.09 DEDUCTIONS FOR UNCORRECTED WORK 2.10 CITY OF TACOMA'S RIGHT TO TERMINATE CONTRACT 2.11 LIENS 2.12 LEGAL DISPUTES A. GENERAL B. ATTORNEY FEES 2.13 DELIVERY 2.14 SHIPPING NOTICES AND INVOICES 2.15 APPROVED EQUALS A. LISTED ITEMS B. ACCEPTANCE OF EQUAL ITEM C. MULTIPLE ALTERNATES 2.16 ENTIRE AGREEMENT 2.17 CODE OF ETHICS Page 2 of 129

5 SECTION 3 CONSTRUCTION AND/OR LABOR CONTRACTS 3.01 RESPONDENT'S DUTY TO EXAMINE 3.02 PERMITS 3.03 NOTIFICATION OF OTHER GOVERNMENTAL AGENCIES AND UTILITIES WHEN UNDERGROUND WORK IS INVOLVED 3.04 TRENCH EXCAVATION BID ITEM 3.05 CONTRACTOR'S INSURANCE A. COMPENSATION INSURANCE B. PUBLIC LIABILITY AND PROPERTY DAMAGE LNSURANCE C. BUILDER'S RISK D. PROOF OF CARRIAGE OF INSURANCE 3.06 SAFETY A. GENERAL B. WORK HAZARD ANALYSIS REPORT 3.07 PROTECTION OF WORKERS AND PROPERTY 3.08 CONTRACTOR SUPERVISION AND CHARACTER OF EMPLOYEES A. SUPERINTENDENT TO SUPERVISE CONTRACTOR'S EMPLOYEES B. CHARACTER OF CONTRACTOR'S EMPLOYEES CONTRACTOR'S COMPLIANCE WITH THE LAW A. HOURS OF LABOR B. PREVAILING WAGES CHANGES A. IN PLANS OR QUANTITIES B. EXTRA WORK C. EXTRA WORK NO AGREED PRICE D. CLAIMS FOR EXTRA WORK CLEANING UP PROGRESS PAYMENT FINAL PAYMENT FAILURE TO COMPLETE THE WORK ON TIME CITY RESERVES RIGHT TO USE FACILITIES PRIOR TO ACCEPTANCE LIST OF SUBCONTRACTORS SECTION 4 PROJECT INFORMATION 4.01 PROJECT OVERVIEW BUSINESS UNITS FOR TACOMA PUBLIC UTILITIES LISTING OF WORK PROJECT LOCATION 4.02 DEFINITIONS 4.03 CALENDAR OF EVENTS 4.04 RESPONSIVENESS 4.05 COSTS TO PREPARE SUBMITTAL 4.06 SUBMITTAL CLARIFICATION 4.07 ACCEPTANCE OF BID PROPOSAL CONTENTS 4.08 QUALIFICATION OF CONTRACTORS RECORD OF PRIOR CONTRACTS JUDGE OF QUALIFIED CONTRACTOR A UNQUALIFIED CONTRACTORS 4.09 EVALUATION OF BIDS EVALUATION Page 3 of 129

6 4.09.1A UNIT PRICE EVALUATION 4.10 LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM (LEAP) LEAP UTILIZATION GOAL FAILURE TO MEET LEAP GOAL 4.11 SMALL BUSINESS ENTERPRISE (SBE) PROGRAM SINGLE TRADE DESIGNATION A SBE PREFERENCE 4.12 SURETY / PERFORMANCE BONDING POSTING OF SURETY/PERFORMANCE BOND A CONTRACT EXTENSION YEARS 4.13 RETAINAGE 4.14 PREVAILING WAGES SECTION 5 SUMMARY OF WORK 5.01 CONTRACT DEFINITION AWARD A NUMBER OF CONTRACTS TO BE AWARDED B QUANTITY OF WORK AWARD DATE OF CONTRACT TERM OF CONTRACT CONTRACT TERMINATION BY TACOMA PUBLIC UTILITIES ANNUAL PRICE ADJUSTMENT A PROCESS FOR ADJUSTMENT 5.02 COMMENCEMENT OF WORK CONTRACT DOCUMENTS 5.03 CONTRACT WORK TIMES REGULAR WORK SHIFTS OVERTIME AND HOLIDAY PAYMENT EMERGENCY/STORM RESPONSE NOTIFICATIONS SECTION 6 MEASUREMENT AND PAYMENT 6.01 ADMINISTRATION AUTHORITY UNIT QUANTITIES SPECIFIED CONTRACT PRICE A CREW DOWN TIME B FLAGGING SERVICES MINIMUM PAYMENT C MEAL AND REST PERIODS D PAYMENT OF INVOICES E DAILY TIME SHEETS 6.02 BILLING, INVOICING, AND PAYMENTS INVOICES A TIME SHEETS B INVOICE DETAIL C SUBMISSION OF INVOICES C.1 END OF YEAR PAYMENT A UNSATISFACTORY PERFORMANCE 6.03 INDEPENDENT CONTRACTOR Page 4 of 129

7 SECTION 7 PROJECT COORDINATION 7.01 QUARTERLY CONTRACT PROGRESS MEETINGS 7.02 PERMITS 7.03 TRAFFIC CONTROL PLAN 7.04 PERSONS TO BE CONTACTED POST AWARD 7.05 CONTRACT COMMUNICATION SECTION 8 FLAGGER REQUIREMENTS 8.01 QUALIFIED FLAGGERS TRAINING & EXPERIENCE CERTIFICATION A FLAGGING CARDS FROM OTHER STATES REMOVAL AND EXCLUSION FROM WORK TOOLS, EQUIPMENT, AND CLOTHING A APPROPRIATE CLOTHING B REQUIREMENTS PER WAC C FLAGGER COMMUNICATION WORK SITE ORIENTATION 8.02 TRAFFIC CONTROL DEVICES WORK ZONE SETUP/TAKE DOWN MOBILIZATION OF RENTAL EQUIPMENT 8.03 SAFETY SAFETY PLAN WA STATE SAFETY VIOLATION RECORD APPENDIX A CONTRACT SAMPLE APPENDIX B SMALL BUSINESS ENTERPRISE (SBE) APPENDIX C LOCAL EMPOLYMENT AND APPRENTICESHIP TRAINING PROGRAM (LEAP) APPENDIX D WA STATE PREVAILING WAGE BENEFIT CODE KEY APPENDIX E INSURANCE CERTIFICATE REQUIREMENTS APPENDIX F INVOICE EXAMPLE APPENDIX G WAC APPENDIX H WAC APPENDIX I WAC APPENDIX J SURETY/PERFORMANCE BOND TEMPLATE APPENDIX K TACOMA POWER SERVICE AREA Page 5 of 129

8 SUBMITTAL CHECKLIST This checklist identifies items to be included with your submittal. Any submittal received without these required items may be deemed non-responsive and may not be considered for award. Please do not include the entire specification document with your submittal. Submittals must be received by the City of Tacoma Purchasing Division by the date and time specified in the Request for Bids page at the front of this Specification or subsequent addenda. Respondents are encouraged to use recycled/recyclable products and both sides of paper for printed and photocopied materials, wherever possible. The following items, in this order, make up your submittal package: 1 One original and one copy of your complete submittal package (with original and copy clearly identified). 2 3 One electronic copy of your complete submittal package (flash drive or CD labeled with company name) in either Word or PDF format. Signature Page (Page 8) with ink signature, including acknowledgement of any addenda. This form is intended to serve as the first page of your submittal. 4 Proposal - Pricing Sheets (Pages 10-13) 5 Contractor s Record of prior Contracts (Page 14) 6 Safety Plan (Page 15) 7 Prime Contractor s Pre-Work Form & SBE Questionnaire (Pages 16-18) 8 WA State Safety Violations Record (Section ; Page 58) After award, the following documents will be executed: 9 Contract (Appendix A) 10 Certificate of Insurance (Appendix E) 11 Payment & Performance Bonds (Section 4.12 & Appendix J) 12 WA State Prevailing Wage Intent (Section 4.14) 13 Local Employment and Apprenticeship Training Program Forms (Section 4.10 & Appendix C) Prime Contractor LEAP Utilization Plan LEAP Employee Verification Form Page 6 of 129

9 PRE-SUBMITTAL QUESTIONS SUBMITTAL GENERAL INFORMATION A. Questions and requests for clarification of these Specifications may be submitted in writing by 3:00 p.m., Pacific Time, September 20, 2017, via addressed to the Purchasing contact below. Questions received after this date and time may not be answered. 1. Please indicate the specification number and title in the subject line. 2. Present your questions in MS Word format or directly in the body of the message. If applicable, cross reference the specific section of the RFB. 3. Questions will not be accepted by telephone or fax. 4. Questions marked confidential will not be answered. 5. Individual answers will not be provided directly to Respondents. 6. The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. 7. The City will not be responsible for unsuccessful submittal of questions. B. Written answers to all questions will be posted on the Purchasing website at on or about September 25, Navigate to Contracting Opportunities / Services, and scroll to this RFB. A notice will not be posted with the Specification if no questions are received. C. The answers are not typically considered an addendum. D. To receive notice of the posted answers, you must register as bid holder for this solicitation. Communication For all questions regarding Specification TU F Addressee Jessica Tonka Senior Buyer jtonka@cityoftacoma.org - REVISIONS TO SPECIFICATION A. All revisions to this specification will be in the form of written addenda, and no oral revision should be relied upon for any purpose. In the event it becomes necessary to revise any part of this RFB, addenda will be issued to registered planholders and posted on the Purchasing website at Navigate to Contracting Opportunities / Services Solicitations, and scroll to this RFB. Failure to acknowledge addenda may result in a submittal being deemed non-responsive. B. The information provided during the question and answer timeframe listed above is not typically considered an addendum. Page 7 of 129

10 SIGNATURE PAGE CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES All submittals must be in ink or typewritten and must be executed by a duly authorized officer or representative of the bidding/proposing entity. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. Submittals will be received and time stamped only at the City of Tacoma Purchasing Division, located in the Tacoma Public Utilities Administration North Building, Main Floor, at 3628 South 35 th Street, Tacoma, WA See the Request for Bids page near the beginning of the specification for additional details. REQUEST FOR BIDS SPECIFICATION NO. TU F Flagging and Traffic Control Services 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 Signature of Person Authorized to Enter into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number Date Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor s License Number (See Ch , R.C.W.) Addendum acknowledgement #1 #2 #3 #4 #5 THIS PAGE MUST BE SIGNED AND RETURNED WITH SUBMITTAL. Page 8 of 129

11 SpecificationTU F Flagging and Traffic Control Services BID PROPOSAL DOCUMENTS Page 9 of 129

12 SpecificationTU F Flagging and Traffic Control Services PROPOSAL - PRICING SHEETS LABOR RATES Item # Description 3 Year Estimate Bid Unit Unit Price Extended (3 yr Est x Unit Price) 1 Traffic Control Flagging Straight Time 26,000 Per Hour $ $ Traffic Control Flagging Overtime One & One-Half Time (1-1/2) Traffic Control Flagging Overtime Double Time (2X) Traffic Control Flagging Emergency/Storm (Section ) Work Zone Setup/Take Down with Vehicle (Section ) 200 Per Hour $ $ 30 Per Hour $ $ 40 Per Hour $ $ 40 Per Hour $ $ SUB TOTAL LABOR ITEMS 1 5 (Tax does not apply to services performed in public right of ways per RCW ) $ Page 10 of 129

13 SpecificationTU F Flagging and Traffic Control Services Item # Description PROPOSAL - PRICING SHEETS EQUIPMENT RENTAL RATES 3 Year Estimate Bid Unit Unit Price 6 Trailer Mounted Light Tower 6 Per Day $ $ Minimum 250k lumens total; Min height degree rotation 2 Per Week $ $ 8 Portable Changeable Message Sign 6 Per Day $ $ (PCMS) 3 text lines; minimum Character 9 height 18 2 Per Week $ $ 10 Trailer Mounted Arrow Board 4 Per Day $ $ 11 Solar Powered; 25 lamps 2 Per Week $ $ 12 Mobile Handheld Battery Operated 4 Per Day $ $ Area Light with 360 degree rotation mast 13 Minimum 3k lumens 1 Per Week $ $ Per Day $ $ Reflective Traffic Drum W/Base - Orange Per Week $ $ Per Day $ $ Reflective Cones Minimum Height Per Week $ $ Per Day $ $ Traffic Signs Class B Construction 19 4 Per Week $ $ 20 6 Per Day $ $ Type II Break-away Traffic Barricade 21 2 Per Week $ $ Extended (3 yr Est x Unit Price) Page 11 of 129

14 SpecificationTU F Flagging and Traffic Control Services PROPOSAL - PRICING SHEETS EQUIPMENT RENTAL RATES (Cont.) Item # Description Planned Mobilization for Rental Equipment Line items #6-21 (Section ) Emergency/Storm Mobilization for Rental Equipment Line items #6-21 (Section ) 3 Year Estimate 30 4 Bid Unit Include Delivery & Pickup Include Delivery & Pickup Unit Price $ $ $ $ SUB TOTAL EQUIPMENT RENTAL RATES (ITEMS 6 23) $ Extended (3 yr Est x Unit Price) SALES TAX FOR EQUIPMENT RENTAL 10.1% (Actual tax for rental equipment will be based upon the delivery location) $ SUBTOTAL OF ALL ITEMS (To be read at Bid Opening) $ TOTAL (all items, including sales tax) $ Page 12 of 129

15 SpecificationTU F Flagging and Traffic Control Services PROPOSAL SUPPLEMENT FORM ANNUAL ESCALATION: List below the maximum escalation to be applied to labor line items #1-5 on the anniversary date of the contract award. See Section Annual Price Adjustment. Contract Year Maximum Escalation (In percent) Unit prices for labor items only may be escalated annually on the anniversary date of the contract award. An annual maximum of 5% will be considered. The escalation for contract years 2 & 3 will be included in the bid evaluation per Section A *Optional contract renewal year 2nd % 3rd % 4th* % 5th* % CONTRACTOR S OFFICE HOURS: What are your normal business hours: The contractor(s) shall have available to the City a 24 hour on-call number for service notifications. Provide below the on-call phone number for contact outside of normal business hours: EMERGENCY/STORM RESPONSE TIME: Is your firm able to provide a minimum of two (2) flagging personnel to a job site located within the Tacoma Power service area (Appendix K) within 90 minutes of receiving notification? Y N. See Section for additional details. Identify below any response time that is different than that listed above. Page 13 of 129

16 SpecificationTU F Flagging and Traffic Control Services CONTRACTOR S RECORD OF PRIOR CONTRACTS Each submittal shall include a summary of work that includes the information requested below. The information may be provided on company letterhead in place of using this form (See Section ). Name of Company Contract Term (Year to Year) Contract Value Contract Reference (Name) Phone Number / Description of Work Performed $ $ $ $ $ $ $ Page 14 of 129

17 Specification TU F Flagging and Traffic Control Services SAFETY PLAN In the space below or on a separate sheet the Respondent must provide a comprehensive safety plan addressing the following requirements: (See Section ) 1. List of names and contact information for supervisory and management staff concerning safety related issues. Name Title Contact Number 2. A process for addressing safety issues brought to the attention of the contractor by Tacoma Power. Page 15 of 129

18 City of Tacoma Community & Economic Development Office of Small Business Enterprise 747 Market Street, Room 808 Tacoma, WA or PRIME CONTRACTOR'S PRE-WORK FORM Company Name Telephone Address/City/State/Zip Code Specification Number JOB CATEGORIES SPECIFY Officer / Managers Supervisors Project Managers Office / Clerical TOTAL EMPLOYEES Specification Title TOTAL MINORITY EMPLOYEES BLACK ASIAN or PACIFIC ISLANDER AMERICAN INDIAN or ALASKAN NATIVE HISPANIC M F M F M F M F M F M F Apprentices Trainees TOTALS CONTRACTOR'S PROJECTED WORK FORCE - THIS PROJECT Superintendent Foreman Operators Laborers Apprentice Trainee TOTALS Type or Print Name of Responsible Officer / Title Signature of Responsible Officer Date CCD/SBE/FORMS revised May 2017 Page 16 of 129

19 INSTRUCTIONS FOR COMPLETING PRIME CONTRACTOR S PRE-WORK FORM This form only applies to employees who will be working on this specific project. 1. "Heading" the company name and address should reflect the prime contractor actually doing business with the City of Tacoma. If this address is different from that of the Equal Employment Opportunity Officer that administers the EEO programs of the company, the Equal Employment Opportunity Officer's address should be noted in the "Comments" section at the bottom of the form. "Telephone" should contain the area code, telephone number and extension (if any) for the Equal Employment Officer or the responsible official. 2. "Job Categories" at the extreme left hand column of the form specifying "Job Categories" lists "Officials & Managers." You are to list in addition to Officials & Managers any appropriate job titles such as Sales Workers, Office/Clerical, Professionals, Technical, etc., as they apply to your own company and only as pertains to this specific project. 3. The "M" and "F" headings at the top of each column refer to "Male" and "Female." 4. The "Total Employees" column should list the total number of male employees under "M" and the total female number of female employees under "F" for each job category listed. They should be listed in a similar manner in the "Total" category at the bottom of the form. The "Total Employees" column should include all those employees listed under "Non-Minority" and "Total Minorities." "Non-Minority" should include all employees not listed in the minority columns. 5. "Total Minorities" should include all employees listed under the "Black," "Asian or Pacific Islander (A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa.), "American Indian or Alaskan Native," and "Hispanic" columns. These columns should include only employees who are members of that particular minority group. Designation and definitions of ethnic/national origin status follow the instructions and definitions of the Federal EEO-1 Form of the U. S. Equal Employment Opportunity Commission. 6. "Totals" this line should reflect the total of all lines in each of the above columns. 7. The signature of your company's designated responsible official or similar official responsible for equal employment opportunity must appear in the designated space at the bottom of the form. Please PRINT OR TYPE the person's name on the top line across from the signature. This is required since some signatures are difficult to read. 8. "Comments" this section is to be used as needed for explanations to under utilization rate or lack of turnover, proposed expansion or reduction of staff or any other pertinent information you believe will help clarify or explain the data presented on the form. If you need additional space, please explain on a separate sheet of paper. 9. If you need assistance or have questions regarding the completion of this form, please call the SBE Office at or CCD/SBE/FORMS revised May 2017 Page 17 of 129

20 Specification TU F Flagging and Traffic Control Services SMALL BUSINESS ENTERPRISE (SBE) QUESTIONNAIRE Please answer the questions below: A. Is your firm a certified City of Tacoma SBE firm? YES NO B. Is your firm partnering with a certified City of Tacoma SBE firm(s)? YES NO C. Is your firm a minority/woman owned firm certified with the Washington State Office of Minority and Women s Business Enterprise? YES NO D. Is your firm partnering with a minority/woman owned firm certified with the Washington State Office of Minority and Women s Business Enterprise? YES NO See Section 4.11 for additional information on this City of Tacoma program. Page 18 of 129

21 Specification TU F Flagging and Traffic Control Services CITY OF TACOMA GENERAL PROVISIONS SECTIONS 1 3 Page 19 of 129

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40 Specification TU F Flagging and Traffic Control Services SECTION 4 PROJECT INFORMATION 4.01 PROJECT OVERVIEW For the purposes of this project the work to be performed shall follow the definition of WAC (See Appendix H). The work outlined in these specifications and to be performed in the resulting contract consists of furnishing qualified traffic control flaggers, equipment, transportation and the required supervision to assist the work forces of Tacoma Public Utilities (TPU), including construction contractors. The work may be performed within the right-of-ways of private, county, city, highway, and limited access freeway roadways. The Contractor shall be responsible for providing adequate safeguards, safety devices, protective equipment, and any other needed actions to protect the life, health, and safety of the workers, the public, and property in connection with the performance of the work identified in these specifications BUSINESS UNITS FOR TACOMA PUBLIC UTILITIES The TPU Divisions that will utilize services under the awarded contract(s) are: Tacoma Power Tacoma Water Tacoma Rail Each business unit of TPU will assign the work specific to their department. The following table represents the approximate breakdown of work by TPU Division for a three year period. Business Unit Approximate Percentage of Estimated Use Estimated Regular Time Hours (3 years) Tacoma Power 80% 20,800 Tacoma Water 19% 4,940 Tacoma Rail 1% LISTING OF WORK Traffic flagging services will consist of: Performing traffic control flagging duties as outlined in this document Assisting work crews in the setting up of traffic control devices Providing traffic control signal devices All work shall be done in accordance with the operating standards of Tacoma Power, Tacoma Water, Tacoma Rail, State of Washington regulations (RCW & WAC), and as listed within the Manual of Uniform Traffic Control Devices (MUTCD). Work will be performed under the general direction of TPU personnel. Page 38 of 129

41 Specification TU F Flagging and Traffic Control Services PROJECT LOCATION Contract personnel and equipment may be assigned within the services areas of TPU and along transmission and rail corridors. Locations include: Tacoma Power service area within Pierce County which includes the communities of University Place, Fife, Fircrest, Spanaway, Parkland, Graham, Lakewood, Summit, Fredrickson (See map in Appendix K). Tacoma Public Utilities Electrical Transmission & Generation, and Water facilities located in Lewis, King, and Mason counties which include the following facilities: Green River Watershed, Cushman Hydro Project, Alder-La Grande Hydro Project, Mayfield-Mossyrock Hydro Project and associated transmission corridors, Cowlitz, Nisqually, Cushman and Wynoochee. Project work locations may change during the course of a single work day and require flagging personnel to relocate DEFINITIONS For the purposes of these specifications, the following definitions shall apply: Term RESPONDENT / BIDDER CITY TPU SERVICE SPECIFICATION CONTRACTOR PROJECT MANAGER RFB Definition A potential contractor offering a submittal to supply a service in accordance with these specifications. The City of Tacoma, Department of Public Utilities. Tacoma Public Utilities, Division of City of Tacoma. The scope of work to be completed under this contract in accordance with these specifications. This document, detailing the scope of service required. The Respondent(s) awarded a contract pursuant to these Specifications. Tacoma Public Utility representative administering the project and providing decisions on project work. Request for Bid Page 39 of 129

42 Specification TU F Flagging and Traffic Control Services 4.03 CALENDAR OF EVENTS The anticipated schedule of events concerning this Request for Bid (RFB) is shown below. These are tentative dates and are subject to change. The City reserves the right to adjust these dates as needed. EVENT DATE Advertise RFB September 11, 2017 Questions Due September 20, 2017 Responses to Questions September 25, 2017 Submittal Due Date October 3, 2017 Public Utility Board Approval* October 25, 2017 *Contract to be issued after Public Utility Board approval RESPONSIVENESS Bid proposals shall allow sixty (60) days from the date of bid opening for acceptance by the City of Tacoma. All bid proposals 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 the RFB may result in rejection of the bid proposal as non-responsive. The City reserves the right, in its sole discretion, to waive irregularities deemed by the City of Tacoma to be immaterial. The City of Tacoma also reserves the right to not award a contract or to issue subsequent RFB s COSTS TO PREPARE SUBMITTAL 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 SUBMITTAL CLARIFICATION Respondents may be asked to clarify their submittal. This action shall not be construed as negotiations or any indication of intentions to award. If called upon, the Respondent must respond to such requests within two business days or the timeframe set forth by the City in its request for clarification. A Respondent s failure to respond to such a request may result in rejection of the submittal ACCEPTANCE OF BID PROPOSAL CONTENTS The Submittal contents of the successful Respondent will become contractual obligations if a contract ensues. Page 40 of 129

43 Specification TU F Flagging and Traffic Control Services QUALIFICATION OF CONTRACTORS Only contractors experienced in this type of work, and with a record of successful completion of jobs of similar scope over a period of two (2) years or more will be considered. All roadway flaggers providing services per this contract shall be employees of the contractor RECORD OF PRIOR CONTRACTS The Respondent must complete and include in their submittal the Contractor's Record of Prior Contracts form which is contained in the Bid Proposal documents. A minimum of five references from a contract similar in scope to that described in this RFB are required JUDGE OF QUALIFIED CONTRACTOR The City will be the sole judge of the Respondent's ability to meet the requirements of this paragraph. The City will consider factors such as the length of time the company has been providing flagging services, the type of flagging services administered, past performance, safety violations and responses from the references provided on the Contractor Record of Prior Contracts Form A - UNQUALIFIED CONTRACTORS Bids of inexperienced contractors and those who have failed to satisfactorily perform other similar contracts with the City or other agencies may be rejected for such cause EVALUATION OF BIDS Award will be made to the lowest responsive, responsible bidder. All bidders shall provide unit pricing per 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 EVALUATION The award of contract(s) per this specification will not be based on cost alone as other factors and features are equally important. In evaluating the bids, the City may also consider any or all of the following in addition to the submitted Proposal Pricing: Compliance with these specifications Bidder's responsibility based on, but not limited to: 1. Ability, capacity, organization, technical qualifications, and skill to perform the contract or provide the services required. 2. References, judgment, experience, efficiency, and stability. 3. Whether the work can be performed within the timeframe specified. 4. Quality of performance of previous contracts or services. All other elements or factors, whether or not specifically provided for in this contract, 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. In addition, the City may consider the bid evaluation factors set forth in City Municipal Code Section The final award decision will be based on the best interests of the City. Page 41 of 129

44 Specification TU F Flagging and Traffic Control Services A- UNIT PRICE EVALUATION The evaluation to determine the order of the submittals will include unit prices quoted plus the annual labor rate escalation submitted on the Proposal - Supplement Form for the 2 nd and 3 rd years of the contract. To assist in determine the order of the bidders the following process will be used for evaluation of labor line items #1-5. Year Price Quantity Total Year 1 Unit Price Quoted (firm for 1 st year) x 1/3 quantity = Sum for Year 1 Year 2 Unit price Quoted x % increase for 2 nd year x 1/3 quantity = Sum for Year 2 Year 3 Unit price for 2 nd year x % increase for 3rd year x 1/3 quantity = Sum for Year 3 Bid Evaluation Sum of the three years = Sum (1+2+3) LOCAL EMPLOYMENT AND APPRENTICESHIP TRAINING PROGRAM (LEAP) LEAP is a City of Tacoma economic development program adopted to provide employment opportunities for City of Tacoma residents on qualifying City funded projects. It requires the prime contractor or service provider performing a qualifying public works project or service contract to ensure that 15-percent of the total labor hours worked on the project are performed by apprentices approved by the Washington State Apprenticeship Council (SAC) and/or residents of Tacoma. Compliance may be met through any combination of utilizing residents of Tacoma or SAC apprentices on the project. Residents entering apprenticeships or other related training programs may be screened to work on City public works projects or service contracts. Contractors/vendors may obtain further information by contacting the City s LEAP Coordinator at or at leap@cityoftacoma.org. The LEAP coordinator can assist contractors in the recruitment of qualified employees from the Private Industry Council and other pre-employment and training organizations available in the area. The LEAP Office is located in the City s Community & Economic Development Department, Tacoma Municipal Building, 747 Market Street, Room 900, Tacoma, Washington LEAP UTILIZATION GOAL The goal for this project requires that the lesser of at least 15 percent of the total Labor Hours actually worked on the Project, or 15 percent of the Estimated Labor Hours (ELH), are performed by Apprentices residing in the state of Washington and/or employees who are Residents of Tacoma. The ELH for this project is 26, % of 26,310 labor hours equals 3,946 labor hours. The LEAP Utilization Goal for this project is 3,946 labor hours. Page 42 of 129

45 Specification TU F Flagging and Traffic Control Services FAILURE TO MEET LEAP GOAL Contractors shall be assessed an amount for each hour that is not achieved based on a sliding scale. Said LEAP contributions shall be made by the Contractor prior to completion of the project. The Contractor cannot rely solely upon the payment of the LEAP contribution for purposes of satisfying the LEAP Utilization Goals SMALL BUSINESS ENTERPRISE (SBE) PROGRAM This contract is subject to the Small Business Enterprise Program of the City of Tacoma. All bidders must complete and submit with their bid the following solicitation form which is contained in the Bid Proposal documents: Prime Contractors Pre-Work Form Small Business Enterprise (SBE) Questionnaire Contractors/vendors may obtain further information by contacting the City s SBE Program Coordinator, at or at SBEOffice@cityoftacoma.org. The SBE Office is located in the City s Community & Economic Development Department, Tacoma Municipal Building, 747 Market Street, Room 900, Tacoma, Washington SINGLE TRADE DESIGNATION This project involves only one recognized category of work, flagging/traffic control. Hence, SBE subcontracting opportunities do not reasonably exist A - SBE PREFERENCE Therefore in accordance with City of Tacoma Municipal Code (TMC) Chapter 1.07 (Appendix B) an SBE submitting the lowest responsible bid for a Single Trade contract shall be deemed the lowest responsible respondent, if such bid is not more than five percent greater than the lowest bid submitted by any Respondent that is not an SBE. Page 43 of 129

46 Specification TU F Flagging and Traffic Control Services SURETY / PERFORMANCE BONDING The requirements listed in Paragraph B, Section 2.01 of the General Provisions shall be modified as listed below POSTING OF SURETY/PERFORMANCE BOND For performance bond purposes, the initial three-year term of this contract shall be divided into three (3) separate one (1) year phases. The total contract value shall be pro-rated according to said one (1) year phases. Prior to start of work, the contractor shall have in place a performance bond for (100%) of the value of the first year of the contract. On or before the start of the second year, the Contractor shall have in place a performance bond securing (100%) of the value assigned to the contract during the second year phase. On or before the start of the third year, the Contractor shall have in place a performance bond securing (100%) of the value assigned to the contract during the third year phase. Said performance bond 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 RETAINAGE A CONTRACT EXTENSION YEARS Per Section of this document, two (2) one-year contract extensions may be considered upon mutual agreement of both parties. In the event that the Contract is extended, the contractor will be required to execute a contract amendment and shall have in place a performance bond securing (100%) of the value assigned to each contract year extended. For this project Retainage will not be withheld. Page 44 of 129

47 Specification TU F Flagging and Traffic Control Services 4.14 PREVAILING WAGES This project requires prevailing wages under chapter RCW. Any worker, laborer, or mechanic employed in the performance of any part of the work shall be paid no less than the applicable prevailing rate of wage. The project work may occur within various Washington Counties. The effective date for prevailing wages on this project will be the submittal deadline with these exceptions: a. If the project is not awarded within six months of the submittal deadline, the award date is the effective date. b. If the project is not awarded pursuant to a competitive solicitation, the date the contract is executed is the effective date. Look up prevailing rates of pay, benefits, and overtime codes from this link: These rates shall apply for the duration of the contract. The Contractor shall submit to the City the following Department of Labor and Industries (L&I) forms for itself and for each firm covered under RCW that provided work and materials for the Contract: a. A copy of an approved Statement of Intent to Pay Prevailing Wages, L&I form number F The City will make no payment under this Contract for the Work performed until this statement has been approved by L&I and a copy of the approved form has been submitted to the City. b. A copy of an approved Affidavit of Prevailing Wages Paid, L&I form number F The Contracting Agency will not grant completion until all approved Affidavit of Wages paid for Contractor and all Subcontractors have been received by the City. END OF SECTION Page 45 of 129

48 Specification TU F Flagging and Traffic Control Services 5.01 CONTRACT DEFINITION AWARD SECTION 5 SUMMARY OF WORK Contract(s) will be awarded to the lowest responsive, responsible bidder(s) based on price, quality, and availability. The award recommendation will be submitted for final approval to the Public Utility Board A - NUMBER OF CONTRACTS TO BE AWARDED The City will take into consideration submitted pricing and the evaluation factors set forth in Section 4.09 of these specifications. A single contract or multiple contracts may be awarded based upon the best interests of the City. TPU may establish a primary contract with the determined low responsive bidder and a back-up contract with the second low responsive bidder. The back-up contract would be utilized during the following circumstances until a resolution has been reached. The primary contractor does not have sufficient resources to fulfill all flagging personnel requests. The City becomes aware of non-payment of employee wages, prevailing wage claims or unpaid taxes due from the primary contractor. Documented negative performance and/or safety concerns brought to the attention of the primary contractor which are not addressed in a timely matter. Failure to comply with all applicable provisions of federal, state, county and municipal safety laws and regulations B - QUANTITY OF WORK Quantities indicated in the bid proposal sheet are for bidding purposes only and reflect the estimated total requirements of TPU for a three year period. The City reserves the right to increase or decrease quantities under the contract and pay according to the unit prices quoted in this proposal (Section 1.16 of the General Provisions). Receipt of a contract from the City of Tacoma to perform flagging services for TPU does not guarantee that the full value of the contract will be exercised. It also does not guarantee that work will be assigned immediately upon receipt of contract AWARD DATE OF CONTRACT The Award Date of the Contract will commence when all required contract, bonding and insurance documents have been fully signed and executed by the selected contractor(s) and the City of Tacoma. The routing of these documents to obtain the signatures of representatives from both parties will occur following approval of the contract by the Public Utility Board. After a contract is fully executed by both parties, the business units of TPU will, at their discretion, identify work and contact the contractor(s) as needed. Page 46 of 129

49 Specification TU F Flagging and Traffic Control Services TERM OF CONTRACT The term of this contract is from the date of award per Section through the subsequent 36 month period. Two (2) one-year contract extensions may be considered upon mutual agreement of both parties to extend the contract under the same terms and conditions of the original contract. Contract extensions will be in accordance with the General Provisions Section CONTRACT TERMINATION BY TACOMA PUBLIC UTILITIES In addition to the cancellation provisions of Section 2.10 of the General Provisions, the City shall have the right to cancel this contract upon thirty (30) days written notice to the contractor(s) without cause ANNUAL PRICE ADJUSTMENT Unit pricing will remain firm for the first year (12 months) of the contract. On the anniversary date (12 months after award), the successful bidder(s) may submit a request to escalate/de-escalate unit prices for labor items only (items #1-5). Increases are not to exceed the fixed percentage as submitted in the Respondents(s) proposal. Equipment rental rates will remain firm for the life of the contract A PROCESS FOR ADJUSTMENT The contractor may request a rate adjustment 30 days prior to the contract anniversary date. Written requests for rate changes should be submitted via to the TPU contract manager. The City will review the escalation percentage submitted on the contractor s Proposal Pricing Sheet as well as consideration of the following: Any request for increase may be evaluated against various markets, including but not limited to the Consumer Price Index for All Urban Consumers (CPI-U) of the U.S. City Average Index for the comparable period (ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt), state/federal regulations affecting production costs of the materials, volatile commodity market conditions or minimum wage adjustments. The City reserves the right to consider the reference data of market indexes when administering rate adjustments COMMENCEMENT OF WORK The contractor shall begin the work to be performed in the contract within ten (10) calendar days after the date of notification to commence work. This contract work may not be continuous, and several months may go by before more work may be available for each contractor. Page 47 of 129

50 Specification TU F Flagging and Traffic Control Services CONTRACT DOCUMENTS The contractor will be required to complete the following contract documents within ten (10) calendar days after the award of the contract: Contract signed by the appropriate officer of the company Insurance certificate meeting the City s requirements Surety / Performance Bond Intent to Pay Prevailing Wage Prime Contractor LEAP Utilization Form CONTRACT WORK TIMES Contract work times are defined as listed in the following section. City legal holidays are listed in Section 2.13 of the General Provisions REGULAR WORK SHIFTS The City straight-time work schedule includes the following: Shift Type 5-8 s 4-10 s 9-80 s Description Five 8 hour days per week Four 10 hour days per week 80 hours in a two (2) week period with only nine (9) working days When flaggers are scheduled to a TPU crew working one of the above schedules, such scheduled work shall be considered straight-time work and not overtime work for payment purposes. Flaggers will not be guaranteed a full 40 hours per week and regularly work partial shifts as needed OVERTIME AND HOLIDAY PAYMENT Work schedules that are subject to overtime and holiday payment will be in accordance with Washington State Prevailing Wage Rates for Public Works Contracts as published by the State of Washington, Department of Labor and Industries. See Benefit Code Key attached as Appendix D. In no case will the City pay overtime rates if the on-site flagger is not making the overtime pay or is working a schedule as described in Section The City reserves the right to audit billings to ensure billed straight-time and overtime hours match certified payrolls. Page 48 of 129

51 Specification TU F Flagging and Traffic Control Services EMERGENCY/STORM RESPONSE On occasion, a division of TPU may require the contractor to provide immediate response of the services outlined in these specifications. Rapid deployment of flagging services and/or traffic control devices may be required due to weather related events, emergency utility work or other unforeseen event. The Respondent shall indicate their ability to respond to requests for emergency flagging services in the space provided on the Proposal Supplement Form. The submittal of a notification for emergency response may occur during or after regular business hours. Flagging services and/or rental equipment mobilization performed between the hours of 7:00 pm to 4:00 am which are initiated as unplanned work may be billed at the Emergency/Storm line item rate (line items #4 & #23). All planned work that is scheduled at least 12 hours in advance is considered standard operations and is not eligible for the premium pay. END OF SECTION Page 49 of 129

52 Specification TU F Flagging and Traffic Control Services SECTION 6 - MEASUREMENT AND PAYMENT ADMINISTRATION This section shall include the measurement and payment criteria applicable to work performed under the contract AUTHORITY The appropriate designee of each business unit of TPU will coordinate directly with the contractor for requests for work to be performed under the contract UNIT QUANTITIES SPECIFIED Estimated quantities indicated on the Proposal Pricing Sheet are for bidding purposes only. Actual quantities and measurements supplied and verified by the designee of each business unit of TPU and contractor will determine payment CONTRACT PRICE The unit prices bid shall be full and complete compensation for the contract work, together with the tools and equipment identified in Section , appropriate clothing, and all other costs including administrative/overhead incurred by the contractor for completing the work in accordance with these specifications A - CREW DOWN-TIME TPU will not pay for contractor s time lost due to: Vehicle and equipment problems Correction of safety related items Contractor crew safety meetings o Contract Crews are expected to participate in TPU daily tail-gate meetings and will be paid for this time. TPU, however, will not pay for contractor s safety meetings that are mandated by OSHA and other safety mandates. Any other reason the designee of each business unit identifies for time not directly benefiting TPU B FLAGGING SERVICES MINIMUM PAYMENT Measurement for the payment of flagging services will be per hour. A minimum charge of two (2) hours will be designated for each scheduled work notification. For work locations assigned within the Tacoma Power service area the two hour minimum charge will not apply if notification of cancellation of work is submitted to the contractor within two hours prior to start of work. For work locations assigned outside of the Tacoma Power service area the two hour minimum charge will not apply if notification of cancellation of work is submitted to the contractor within three hours prior to start of work. Page 50 of 129

53 Specification TU F Flagging and Traffic Control Services C - MEAL AND REST PERIODS Meal and rest periods shall be as required by WAC , attached as Appendix G D - PAYMENT ON INVOICES Payment shall be on an hourly basis and start when the flagger(s) is/are on site ready to begin work, including the necessary equipment, transportation, and tools required. Hours billed on invoices shall be rounded to the nearest ¼ hour E - DAILY TIME SHEETS Flaggers shall complete a daily time sheet before leaving the project site. If multiple sites are worked in one day, each project will have a time sheet submitted. Time sheets are to be submitted to the TPU crew foreman assigned to the project site. The foreman will review documented hours and indicate their concurrence by signature ADDITIONAL SERVICES The City reserves the right to add additional products and/or services normally provided by the contractor upon mutual agreement of the contractor as long as the same pricing structure/profit margin is given that is contained in the original contract. Any product or service added to this contract shall be documented by way of a written Change Order to include a signature of agreement from both contracting parties. The vendor shall submit in writing the product and/or service description with pricing prior to commencement of servicing. The City will not be bound by any expansion or modification that has not been formally approved BILLING, INVOICING, AND PAYMENTS The contractor shall submit to the appropriate TPU business unit a detailed invoice for each payment describing all work performed under the terms of the contract up to the time of the application INVOICES Invoices shall be submitted on a weekly basis within 10 days of the work performed. The following shall apply: A - TIME SHEETS Invoices shall include copies of actual flagger daily time sheets. Each timesheet shall have: The TPU accounting numbers (work orders) Work location Number of hours worked Date of work TPU foreman s signature Only properly filled out timesheets will be paid when invoiced. Page 51 of 129

54 Specification TU F Flagging and Traffic Control Services B - INVOICE DETAIL The invoice shall identify: Contract number Reference to the contract line item number Hours and charges due Flagger name or reference # from time sheet Dates for billing period *An example of an acceptable invoice is attached as Appendix F C - SUBMISSION OF INVOICES Invoices shall be submitted to: P.O. Box S. 35 th St. Tacoma, WA Attention of: Department Tacoma Power Transmission & Distribution Tacoma Water Tacoma Rail Contact Lauri Mattsen Office Assistant 3628 South 35 th Street Tacoma, WA Jolene Gibson Office Administrator 3506 South 35 th Street Tacoma WA Kari Halliday Operations Manager 2601 SR 509, North Frontage Road Tacoma, WA C.1 - END OF YEAR End of year invoices are required by January 5 of the immediately following year. Page 52 of 129

55 Specification TU F Flagging and Traffic Control Services PAYMENT The City s preferred method of payment is by credit card. Respondents may be required to have the capability of accepting the City s authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 1. Payment methods include: a. Credit card. Tacoma s VISA procurement card program is supported by standard bank credit suppliers and requires merchants abide by the VISA merchant operating rules. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. Vendors must be PCI DSS compliance (secure credit card data management). Vendors must be set up by their card processing equipment provider (merchant acquirer) as a minimum of a Level II merchant with the ability to pass along tax, shipping and merchant references information. b. Check, wire transfer or other cash equivalent. c. Electronic Funds Transfer (EFT) by Automated Clearing House (ACH). 2. The City may consider cash discounts when evaluating submittals. See Section 1.18 of the General Provisions A - UNSATISFACTORY PERFORMANCE In the case of unsatisfactory performance, the payment shall be made after the Supplier has made the necessary repairs and/or modifications and satisfactory performance is obtained, or the unit is replaced INDEPENDENT CONTRACTOR During performance of the contract, the contractor shall be an independent contractor and not an agent of the City. The contractor shall supervise the performance of its own services and shall have control of the manner and means by which its services are performed, subject to compliance with the contract and any plans, specifications, schedules or other items approved by the City. END OF SECTION Page 53 of 129

56 Specification TU F Flagging and Traffic Control Services SECTION 7 - PROJECT COORDINATION 7.01 QUARTERLY CONTRACT PROGRESS MEETINGS A quarterly meeting will be scheduled between representatives of TPU and the Contractor. The meeting is to be held within the immediate proximity of the Tacoma Public Utilities administrative offices in Tacoma Washington. The purpose of this meeting is to review contract performance as well as provide an opportunity to discuss any measures necessary to ensure an efficient progress of work PERMITS The City will obtain the required traffic control permits TRAFFIC CONTROL PLANS TPU will use jurisdictional MUTCD pre-approved traffic control plans selected by certified Traffic Control Supervisors PERSONS TO BE CONTACTED A list of the TPU personnel who may need to be contacted prior to or during progress of the work will be provided upon award of contract(s) POST AWARD Following award of contract(s), all questions or concerns shall be directed to the TPU business unit who assigned the contract work CONTRACT COMMUNICATION Both parties will make every reasonable effort to communicate any and all issues concerning this contract in a timely manner. Resolution of any issues will be aggressively pursued by the appropriate contract manager. END OF SECTION Page 54 of 129

57 Specification TU F Flagging and Traffic Control Services SECTION 8 FLAGGER REQUIREMENTS QUALIFIED FLAGGERS Roadway Flaggers provided per this contract shall meet the following requirements in addition to the requirements of WAC TRAINING & EXPERIENCE All roadway flaggers supplied per this contract shall have met the following requirements: Successfully passed certified training course as required by WAC (6) within the last three years (See Appendix I). Have worked as a flagger a minimum of 80 hours within the six months prior to use per this contract CERTIFICATION All roadway flaggers supplied per this contract shall possess the following: A State of Washington Traffic Control Flagger Card per WAC (6). A valid State of Washington driver s license. Proof of car insurance per RCW A - FLAGGING CARDS FROM OTHER STATES Flaggers possessing certified flagging cards from other states must be confirmed to have reciprocity agreements with the State of Washington REMOVAL AND EXCLUSION FROM WORK Upon documented unsatisfactory performance, the City through the TPU contract administrator will notify the contractor of roadway flaggers that are to be removed from work and excluded from future use per this contract. Page 55 of 129

58 Specification TU F Flagging and Traffic Control Services TOOLS, EQUIPMENT, AND CLOTHING All roadway flaggers supplied per this contract shall arrive at the work sites with the following tools, equipment, and clothing. The City will not provide these tools and equipment: Worksite Conditions General While flagging during daylight hours, a flagger must, at a minimum, wear: Night time While flagging during the hours of darkness, a flagger must at least wear: Requirements Hardhat It shall be high visibility in type. The acceptable high visibility colors are white, yellow, yellow-green, orange or red. Flagging vest or garment designed according to Class 2 specifications in ANSI/ISEA , American National Standard for High Visibility Safety Apparel. Specifically, a garment containing at least 775 square inches of background material and 201 square inches of retro-reflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. The acceptable colors are fluorescent yellow-green, fluorescent orange-red or fluorescent red. Reflective Flagging Paddle meeting the MUTCD, 2009 Edition-Revision 2, Part VI. A method of warning flaggers of activities from behind as required by WAC (4) Appropriate footwear for job site activities including extended periods of time standing. Hardhat It shall be high visibility in type that is marked with at least 12 square inches of retro-reflective material applied to provide 360 degrees of visibility. A high visibility safety garment designed according to Class 2 specifications in ANSI/ISEA over white coveralls, or other coveralls or trousers that have retro-reflective banding on the legs designed according to the referenced standard. Work Site Illumination per WSDOT Requirements Rain/Showers During inclement weather, white rain gear or rain gear designed according to ANSI/SEA may be substituted for white coveralls. Page 56 of 129

59 Specification TU F Flagging and Traffic Control Services A - APPROPRIATE CLOTHING Roadway flaggers shall arrive at the job site in clothing appropriate for the work site and conditions encountered. The clothing shall be modest in nature and not cause undo distraction to drivers, pedestrians, and job site workers B - REQUIREMENTS PER WAC Required protective equipment shall be provided by the contractor and worn at all times when an employee is at the job site. If at any time during the term of the contract the apparel and/or equipment requirements for flaggers are modified and/or added within WAC , it will be the responsibility of the contractor to make any and all accommodations required C FLAGGER COMMUNICATION Roadway flaggers shall be able to be contacted by the contractor at all times, whether in route or at the job site WORK SITE ORIENTATION The lead foreman at the job site will familiarize the flaggers with the project site, expected activities, and their expectations for performance TRAFFIC CONTROL DEVICES Traffic control signal devices may be supplied by TPU, rented from the contractor according to the contract price or supplied by another equipment rental agency. In accordance with these specifications flaggers shall be capable of assisting the TPU lead personnel in the set-up of the traffic control devices. These duties are to be considered part of standard flagging operations WORK ZONE SETUP/TAKE DOWN On occasion, a TPU department may require the contractor to independently coordinate setup/take down of traffic control devices at a project site. This expanded scope of service will be billed at the contract rate for bid line item #5. Work tasks to be performed within this rate classification will include selfinterpretation of the traffic control plan to determine placement of traffic control devices and equipment for the work zone. The traffic control plan will be provided to the contractor with minimum advanced notice of 72 hours prior to commencement of the project. Job site setup/take down may occur before and/or after TPU crews are present at the job site and will require the contractor to utilize their vehicle to coordinate placement of the traffic control devices. The contractor s vehicle must be able to transport traffic control devices and shall be a minimum size of a standard flatbed pick-up truck. Page 57 of 129

60 Specification TU F Flagging and Traffic Control Services MOBILIZATION OF RENTAL EQUIPMENT Mobilization/De-mobilization will be paid only for rental equipment line items #6-21. Pricing for traffic control equipment mobilization is to be offered as a single flat rate to include the delivery and pickup from a TPU job site within the service territory located within Pierce County. If Mobilization/De-mobilization is required to a job site located outside of Pierce County the rate will be mutually negotiated prior to the time of service. If multiple rental equipment items (i.e. traffic signs + trailer mounted device) are able to be transported using a single contractor s vehicle, only one mobilization fee will be paid. The fee to be paid will be to the highest of the equipment items being transported SAFETY Due to the complexity and potentially hazardous conditions of utility work, TPU will not be responsible for the continuous monitoring and supervision of the behavior and activities of flaggers assigned to the work site. Once the flaggers have been informed of the potential hazards associated with the work to be performed by TPU and traffic control devices have been placed, the flaggers will be solely responsible for compliance with all applicable provisions of federal, state, county and municipal safety laws and regulations SAFETY PLAN The contractor shall submit with their proposal a comprehensive safety plan that includes the following: 1. Names and contact information for supervisory and management staff concerning safety related issues. 2. A process for addressing safety issues brought to the attention of the contractor by TPU WA STATE SAFETY VIOLATION RECORD The contractor shall submit with their proposal a copy of the firms State Safety Violations Record for the last three (3) years. The report may be obtained from the WA State Department of Labor and Industries (Olympia ). Please allow sufficient time for a response to your request. END OF SECTION Page 58 of 129

61 Specification TU F Flagging and Traffic Control Services APPENDIX A CONTRACT SAMPLE Page 59 of 129

62 e Enter title of dept or div staff w/auth to sign for this $ amt Signature Select for over $50K or NA Printed Name mple Page 60 of 129

63 Director of Finance Title City Attorney Page 61 of 129

64 Specification TU F Flagging and Traffic Control Services APPENDIX B SMALL BUSINESS ENTERPRISE (SBE) TMC 1.07 MUNICIPLE CODE Page 62 of 129

65 Chapter 1.07 SMALL BUSINESS ENTERPRISE Sections: Policy and purpose Definitions Discrimination prohibited Program administration Certification Program requirements Evaluation of submittals Contract compliance Program monitoring Enforcement Remedies Unlawful acts Severability Sunset and review of program Policy and purpose. It is the policy of the City of Tacoma that citizens be afforded an opportunity for full participation in our free enterprise system and that historically underutilized business enterprises shall have an equitable opportunity to participate in the performance of City contracts. The City finds that in its contracting for supplies, services and public works there has been historical underutilization of small businesses located in certain geographically and economically disfavored locations and that this underutilization has had a deleterious impact on the economic well-being of the City. The purpose of this chapter is to remedy the effects of such underutilization through use of reasonably achievable goals to increase opportunities for historically underutilized businesses to participate in City contracts. It is the goal of this chapter to facilitate a substantial procurement, education, and mentorship program designed to promote equitable participation by historically underutilized businesses in the provision of supplies, services, and public works to the City. It is not the purpose of this chapter to provide any person or entity with any right, privilege, or claim, not shared by the public, generally, and this chapter shall not be construed to do so. This chapter is adopted in accordance with Chapter RCW and RCW (Ord Ex. A; passed Dec. 15, 2009) Definitions. Terms used in this chapter shall have the following meanings unless defined elsewhere in the Tacoma Municipal Code ( TMC ), or unless the context in which they are used clearly indicates a different meaning. A. Affidavit of Small Business Enterprise Certification means the fully completed, signed, and notarized affidavit that must be submitted with an application for SBE certification. Representations and certifications made by the applicant in this Affidavit are made under penalty of perjury and will be used and relied upon by City to verify SBE eligibility and compliance with SBE certification and documentation requirements. B. Base Bid means a Bid for Public Works to be performed or Supplies or Services to be furnished under a City Contract, including additives, alternates, deductives, excluding force accounts, and taxes collected separately pursuant to Washington Administrative Code ( WAC ) C. Bid means an offer submitted by a Respondent to furnish Supplies, Services, and/or Public Works in conformity with the Specifications and any other written terms and conditions included in a City request for such offer. D. Bidder means an entity or individual who submits a Bid, Proposal or Quote. See also Respondent. E. City means all Departments, Divisions and agencies of the City of Tacoma. F. Contract means any type of legally binding agreement regardless of form or title that governs the terms and conditions for procurement of Public Works and Improvements and/or Non-Public Works and Improvements Supplies and Services. Contracts include the terms and conditions found in Specifications, Bidder or Respondent Submittals, and purchase orders issued by the City. A Contract as used in this chapter shall include an agreement between the City and a non-profit entity to perform construction-related services for Public Works. A Contract does not include: (1) awards made by the City with federal/state grant or City general funds monies to a non-profit entity where the City offers assistance, guidance, or Page 63 of 129

66 Tacoma Municipal Code supervision on a project or program, and the recipient of the grant awards uses the grant moneys to provide services to the community; (2) sales transactions where the City sells its personal or real property; (3) a loan transaction where the City is acting as a debtor or a creditor; (4) lease, franchise; (5) agreements to use City real property (such as Licenses, Permits and Easements) and, (6) banking and other financial or investment services. G. Contractor means any Person that presents a Submittal to the City, enters into a Contract with the City, and/or performs all or any part of a Contract awarded by the City, for the provision of Public Works, or Non-Public Works and Improvements, Supplies or Services. H. Evaluated Bid means a Bid that factors each Respondent s Base Bid including any alternates, deductive and additives selected by the City that will result in a weighed reduction based on that Respondent s percentage of SBE participation, as defined by formula set forth in this chapter or in the SBE Regulations adopted pursuant to this chapter. I. Goals means the annual level of participation by SBEs in City Contracts as established in this chapter, the SBE Regulations, or as necessary to comply with applicable federal and state nondiscrimination laws and regulations. Goals for individual Contracts may be adjusted as provided for in this chapter and shall not be construed as a minimum for any particular Contract or for any particular geographical area. J. SBE Certified Business (or SBEs ) means a business that meets the criteria set forth in Section of this chapter and has been certified as meeting that criteria by the Community and Economic Development Department-SBE Program Coordinator. K. SBE Program Coordinator means the individual appointed, from time to time, by the City s Community and Economic Development Director to administer the SBE Regulations. L. SBE Regulations shall mean the written regulations and procedures adopted pursuant to this chapter for procurement of Supplies, Services and Public Works. M. Lowest and Best Responsible Bidder means the Bidder submitting the lowest Bid received that is within the range of acceptable bids, that also has the ability to timely perform the Contract bid upon considering such factors as financial resources, skills, quality of materials, past work record, and ability to comply with state, federal, and local requirements, including those set forth in the SBE Regulations. N. Non-Public Works and Improvements means all competitively solicited procurement of Supplies and/or Services by the City not solicited as Public Works. O. Person means individuals, companies, corporations, partnerships, associations, cooperatives, any other legally recognized business entity, legal representative, trustee, or receivers. P. Proposal means a written offer to furnish Supplies or Services in response to a Request for Proposals. This term may be further defined in the Purchasing Policy Manual and/or in competitive solicitations issued by the City. Q. Public Works (or Public Works and Improvements) means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or that is by law a lien or charge on any property therein. This term includes all Supplies, materials, tools, and equipment to be furnished in accordance with the Contract for such work, construction, alteration, repair, or improvement. R. Quote means a competitively solicited written offer to furnish Supplies or Services by a method of procurement that is less formalized than a Bid or a Proposal. This term may be further defined in the Purchasing Policy Manual. S. Respondent means any entity or Person, other than a City employee, that provides a Submittal in response to a request for Bids, Request for Proposals, Request for Qualifications, request for quotes or other request for information, as such terms are defined in Section TMC. This term includes any such entity or Person whether designated as a supplier, seller, vendor, proposer, Bidder, Contractor, consultant, merchant, or service provider that; (1) assumes a contractual responsibility to the City for provision of Supplies, Services, and/or Public Works; (2) is recognized by its industry as a provider of such Supplies, Services, and/or Public works; (3) has facilities similar to those commonly used by Persons engaged in the same or similar business; and/or (4) distributes, delivers, sells, or services a product or performs a Commercially Useful Function. T. Services means non-public Works and Improvements services and includes professional services, personal services, and purchased services, as such terms are defined in Section TMC and/or the City s Purchasing Policy Manual. U. Submittal means Bids, Proposals, Quotes, qualifications or other information submitted in response to requests for Bids, Requests for Proposals, Requests for Qualifications, requests for Quotations, or other City requests for information, as such terms are defined in Section TMC. (Revised 4/2017) 1-2 City Clerk s Office Page 64 of 129

67 Tacoma Municipal Code V. Supplies means materials, Supplies, and other products that are procured by the City through a competitive process for either Public Works procurement or Non-Public Works and Improvements procurement unless an approved waiver has been granted by the appropriate authority. (Ord Ex. A; passed Dec. 16, 2014: Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Discrimination prohibited. A. No person that is engaged in the construction of public works for the City, engaged in the furnishing of laborers or craftspeople for public works of the City, or is engaged for compensation in the provision of non-public works and improvements supplies and/or services to the City, shall discriminate against any other person on the basis of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental or physical disability in employment. Such discrimination includes the unfair treatment or denial of normal privileges to a person as manifested in employment upgrades, demotions, transfers, layoffs, termination, rates of pay, recruitment of employees, or advertisement for employment. B. The violation of the terms of RCW or Chapter 1.29 TMC by any person that is engaged in the construction of public works for the City, is engaged in the furnishing of laborers or craftspeople for public works of the City, or is engaged for compensation in the provision of non-public works and improvements supplies and/or services shall result in the rebuttable presumption that the terms of this chapter have also been violated. Such violation may result in termination of any City contract the violator may have with the City and/or the violator s ineligibility for further City Contracts. (Ord Ex. A; passed Dec. 15, 2009) Program administration. A. The Community and Economic Development Director, or his or her designated SBE Program Coordinator, shall be responsible for administering this chapter and obtaining compliance with respect to contracts entered into by the City and/or its contractors. It shall be the duty of the Director to pursue the objectives of this chapter by conference, conciliation, persuasion, investigation, or enforcement action, as may be necessary under the circumstances. The Director is authorized to implement an administrative and compliance program to meet these responsibilities and objectives. B. The Director is hereby authorized to adopt and to amend administrative rules and regulations known as the SBE Regulations to properly implement and administer the provisions of this chapter. The SBE Regulations shall be in conformance with City of Tacoma policies and state and federal laws and be designed to encourage achievement of the SBE goals set forth herein. The SBE Regulations shall become effective following public notice and an opportunity to comment by the public. C. The SBE Regulations adopted pursuant to this section are for the administrative and procedural guidance of the officers and employees of the City and are further expressions of the public policy of the City. The SBE Regulations, when adopted, shall not confer an independent cause of action or claim for relief cognizable in the courts of the state of Washington or the United States of America to any third parties, and such provisions shall not be used as the basis for a lawsuit in any court of competent jurisdiction challenging the award of any contract by the City. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Certification. A. The SBE Program Coordinator shall approve a person as a SBE Certified Business if all of the following criteria are satisfied: 1. Each person with an ownership interest in the company has a personal net worth of less than $1,320,000 excluding one personal residence and the net worth of the business; 2. The company s total gross receipts for any consecutive three year period within the last six years is not more than $36,500,000 for public works companies and not more than $15,000,000 for non-public works and improvements companies; 3. The owner(s) of the company executes an Affidavit of Small Business Enterprise Certification and files it with the City which states that all information submitted on the SBE application is accurate, that the business has sought or intends to do business with the City and/or within the Pierce County area and has experienced or expects to experience difficulty competing for such business due to financial limitations that impair its ability to compete against larger firms; and 4. The company can demonstrate that it also meets at least one of the following additional requirements: a. The company s business offices, or the personal residence of the owner, is located within a City of Tacoma designated Renewal Community/Community Empowerment Zone, prior to designation as a SBE, or City Clerk s Office 1-3 (Revised 4/2017) Page 65 of 129

68 Tacoma Municipal Code b. The company s business offices, or the personal residence of the owner, is located within the City of Tacoma for at least six months prior to designation as a SBE; or c. The company s business offices are located in a federally designated HUBZONE in Pierce County or any adjacent county for at least 12 months prior to designation as a SBE; or d. The company s business offices are located in a federally designated HUBZONE in a County wherein the work will be performed, or an adjacent county, for at least 12 months prior to designation as a SBE. B. Application Process. The SBE Program Coordinator shall make the initial determination regarding certification or recertification. Each SBE applicant shall provide the following documents; as such documents are more fully described in the SBE Regulations, to the SBE Program Coordinator: 1. A completed Statement of Personal Net Worth form; 2. A completed, signed, and notarized Affidavit of Small Business Enterprise Certification that affirms compliance with the certification and documentation requirements of this section; 3. List of equipment and vehicles used by the SBE; 4. Description of company structure and owners; 5. Such additional information as the SBE Program Coordinator or designee may require. When another governmental entity has an equivalent SBE classification process the City may enter into an interlocal cooperative agreement for mutual recognition of certifications. C. Recertification. A SBE qualified business shall demonstrate annually to the satisfaction of the SBE Program Coordinator that the following SBE qualifications are still in effect for such business: 1. That the company still meets all of the criteria set forth in subsection A. TMC, and 2. That the company has maintained all applicable and necessary licenses in the intervening period, and 3. That the company demonstrates that the owner and/or designated employees have completed the minimum annual continuing business education training requirements set forth in the SBE Regulations. D. Appeals. The applicant may appeal any certification determination by the SBE Program Coordinator under this chapter to the Director. The appeal must be made in writing and must set forth the specific reasons for the appeal. The Director shall make a decision on the appeal request within a reasonable time, which decision shall be final unless further appeal is made to the Hearing Examiner. In that event, the Hearing Examiner Rules of Procedure for Hearings, Chapter 1.23 TMC, shall be applicable to that appeal proceeding. (Ord Ex. A; passed Dec. 16, 2014: Ord Ex. A; passed May 7, 2013: Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Program requirements. A. Establishment of Annual SBE Goals. The SBE Regulations adopted pursuant to this chapter shall state reasonably achievable cumulative annual goals for utilization of SBEs in the provision of supplies, services, and public works procured by the City. Cumulative annual goals for the participation of SBEs in City contracts shall be based on the number of qualified SBEs operating within Pierce County or in a county that is adjacent to Pierce County or in a HUBZone in a county where the supplies, services and/or public works will be delivered or performed. The dollar value of all contracts awarded by the City to SBEs in the procurement of supplies, services, and public works shall be counted toward the accomplishment of the applicable SBE goal. The initial cumulative annual SBE goal for all public works, non-public works and improvements supplies and services procured by the City of Tacoma is 22 percent. B. Revision of Annual SBE Goals. SBE utilization goals for supplies, services, and public works shall be reviewed annually to determine the total level of SBE participation reasonably attainable. If no certified SBEs are available to provide supplies, services, and/or public works, the dollar value of such supplies, services, or public works shall be exempt from the calculation of the cumulative annual goals set forth in the SBE Regulations. Proposed reduction of the cumulative annual SBE goals shall be in accordance with the SBE Regulations. C. Application of SBE Goals to Contracts. The SBE Program Coordinator shall consult with City departments/divisions to establish the SBE goal for competitively solicited contracts of $25,000 and above, in accordance with this chapter and the SBE Regulations. No SBE goal will be established if no certified SBEs are available to provide supplies, services and/or public works. (Revised 4/2017) 1-4 City Clerk s Office Page 66 of 129

69 Tacoma Municipal Code D. Waivers. City departments/divisions or the SBE Program Coordinator may request to waive one or more of the requirements of this chapter as they apply to a particular contract or contracts. Waivers may be granted in any one or more of the following circumstances: 1. Emergency: The supplies, services and/or public works must be provided with such immediacy that neither the City nor the contractor can comply with the requirements herein. Such emergency and waiver must be documented by the department/division awarding the contract. 2. Not Practicable: Compliance with the requirements of this chapter would impose an unwarranted economic burden or risk to the City after consideration of existing budgetary approvals. 3. Sole source: The supplies, services, and/or public works are available from only one source, and subcontracting possibilities do not reasonably exist as determined by the finance purchasing manager. 4. Government purchasing. The City is a party to or included in a federal, state or inter-local government purchasing agreement as approved by the finance purchasing manager. 5. Lack of SBEs: An insufficient number of qualified SBE contractors exist to create SBE utilization opportunities. 6. Best interests of the City: Waiver of SBE goals is in the best interests of the City due to unforeseen circumstances, provided that said circumstances are set forth in writing by the requestor. E. Review of Waivers. A waiver determination by the finance purchasing manager may be reviewed by the Board of Contracts and Awards (C&A Board). The C&A Board may also review a request to reduce or waive the SBE utilization goals based on Not Practicable or Best Interests of the City circumstances. The C&A Board shall determine whether compliance with such goals would impose unwarranted economic burden on, or risk to, the City of Tacoma as compared with the degree to which the purposes and policies of this chapter would be furthered by requiring compliance. If the determination of the C&A Board does not resolve the matter, a final determination shall be made by the City Council or Public Utility Board, as the case may be. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Evaluation of submittals. A. All submittals for a supplies, services, or public works and improvements contract valued at $25,000 or more shall be evaluated for attainment of the SBE goal established for that contract in accordance with this chapter and the SBE Regulations. B. The determination of SBE usage and the calculation of SBE goal attainment per this section shall include the following considerations: 1. General. The dollar value of the contract awarded by the City to a SBE in the procurement of supplies, services, or public works shall be counted toward achievement of the SBE goal. 2. Supplies. A public works and improvements contractor may receive credit toward attainment of the SBE goal for expenditures for supplies obtained from a SBE; provided such SBE assumes the actual and contractual responsibility for delivering the supplies with its resources. The contractor may also receive credit toward attainment of the SBE goal for the amount of the commission paid to a SBE resulting from a supplies contract with the City; provided the SBE performs a commercially useful function in the process. 3. Services and Public Works subcontracts. Any bid by a certified SBE or a bidder that utilizes a certified SBE shall receive credit toward SBE goal attainment based on the percentage of SBE usage demonstrated in the bid. A contractor that utilizes a SBE-certified subcontractor to provide services or public works shall receive a credit toward the contractor s attainment of the SBE goal based on the value of the subcontract with that SBE. 4. Brokers, Fronts, or Similar Pass-Through Arrangements. SBEs acting as brokers, fronts, or similar pass-through arrangements (as such terms are defined in the SBE Regulations) shall not count toward SBE goal attainment unless the activity reflects normal industry practices and the broker performs a commercially useful function. C. Evaluation of competitively solicited submittals for public works and improvements and for services when a SBE utilization goal has been established for the contract to be awarded shall be as follows: 1. When contract award is based on price. The lowest priced bid submitted by a responsive and responsible bidder will be reviewed to determine if it meets the SBE goal. Such low bid shall be determined to meet the SBE goal if the bidder is a certified SBE. a. If the low bidder meets the SBE goal, the bid shall be presumed the lowest and best responsible bid for contract award. City Clerk s Office 1-5 (Revised 4/2017) Page 67 of 129

70 Tacoma Municipal Code b. If the lowest priced bid does not meet the SBE goal, but the bid of any other responsive and responsible bidder does, and such other bid(s) is or are priced within five percent of the lowest bid, then the following formula shall be applied to each such other bid: (Base Bid) - SBE Usage Percentages SBE Goal Percentages X (.05 X Low Base Bid) = Evaluated Bid c. The lowest evaluated bid after applying said evaluation formula shall be presumed the lowest and best responsible bid for contract award. d. In no event shall a bidder s evaluated bid price be adjusted more than 5 percent from its base bid price for purposes of contract award. 2. When contract award is based on qualifications or other performance criteria in addition to price. Solicitations shall utilize a scoring system that promotes participation by certified SBEs. Submittals by respondents determined to be qualified may be further evaluated based on price using the formula applicable to price based contract awards above. The SBE Regulations may establish further requirements and procedures for final selection and contract award, including: a. Evaluation of solicitations for Architectural and Engineering (A&E) services; b. Evaluation and selection of submittals in response to requests for proposals; and c. Selection of contractors from pre-qualified roster(s). D. Evaluation of competitively solicited submittals for supplies when no SBE utilization goal has been established for the contract to be awarded shall encourage SBE participation as follows: 1. A submittal from a responsive certified SBE that is priced within five percent of the otherwise lowest responsive bid shall be recommended for award. Otherwise, the lowest responsive bidder shall be recommended for contract award. E. The SBE Regulations may establish further SBE goal evaluation requirements and procedures for award of contracts between $5,000 and $25, and for non-competitively solicited contracts. City departments/divisions shall use due diligence to encourage and obtain SBE participation for supplies, services, and public works contracts under $5,000. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Contract compliance. A. The contractor awarded a contract based on SBE participation shall, during the term of the contract, comply with the SBE goal established in said contract. To ensure compliance with this requirement following contract award, the following provisions apply: 1. Any substitutions for or failure to utilize SBEs projected to be used must be approved in advance by the SBE Program Coordinator. Substitution of one SBE with another shall be allowed where there has been a refusal to execute necessary agreements by the original SBE, a default on agreements previously made or other reasonable excuse; provided that the substitution does not increase the dollar amount of the bid. 2. Where it is shown that no other SBE is available as a substitute and that failure to secure participation by the SBE identified in the solicitation is not the fault of the respondent, substitution with a non-sbe shall be allowed; provided, that, the substitution does not increase the dollar amount of the bid. 3. If the SBE Program Coordinator determines that the contractor has not reasonably and actively pursued the use of replacement SBE(s), such contractor shall be deemed to be in non-compliance. B. Record Keeping. All contracts shall require contractors to maintain relevant records and information necessary to document compliance with this chapter and the contractor's utilization of SBEs, and shall include the right of the City to inspect such records. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) Program monitoring. A. The SBE Program Coordinator shall monitor compliance with all provisions of this chapter and the SBE Regulations. The SBE Program Coordinator shall establish procedures to collect data and monitor the effect of the provisions of this chapter to assure, insofar as is practical, that the remedies set forth herein do not disproportionately favor one or more racial, gender, ethnic, or other protected groups, and that the remedies do not remain in effect beyond the point that they are required to (Revised 4/2017) 1-6 City Clerk s Office Page 68 of 129

71 Tacoma Municipal Code eliminate the effects of under utilization in City contracting. The SBE Program Coordinator shall have the authority to obtain from City departments/divisions, respondents, and contractors such relevant records, documents, and other information as is reasonably necessary to determine compliance. B. The SBE Program Coordinator shall submit an annual report to the Community and Economic Development Director, Director of Utilities, and the City Manager detailing performance of the program. The report shall document SBE utilization levels, waivers, proposed modifications to the program, and such other matters as may be specified in the SBE Regulations. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Enforcement. The Director, or his or her designee, may investigate the employment practices of contractors to determine whether or not the requirements of this chapter have been violated. Such investigation shall be conducted in accordance with the procedures established in the SBE Regulations. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Remedies. A. Upon receipt of a determination of contractor violation by the SBE Program Coordinator, the City Manager or Director of Utilities, as appropriate, may take the following actions, singly or together, as appropriate: 1. Forfeit the contractor s bid bond and/or performance bond; 2. Publish notice of the contractor s noncompliance; 3. Cancel, terminate, or suspend the contractor s contract, or portion thereof; 4. Withhold funds due contractor until compliance is achieved; and/or 5. Recommend appropriate action including, but not limited to, disqualification of eligibility for future contract awards by the City (debarment) per Section TMC; B. Prior to exercise of any of the foregoing remedies, the City shall provide written notice to the contractor specifying the violation and the City s intent to exercise such remedy or remedies. The notice shall provide that each specified remedy becomes effective within ten business days of receipt unless the contractor appeals said action to the Hearing Examiner pursuant to Chapter 1.23 TMC. C. When non-compliance with this chapter or the SBE Regulations has occurred, the SBE Program Coordinator and the department/division responsible for enforcement of the contract may allow continuation of the contract upon the contractor s development of a plan for compliance acceptable to the Director. (Ord Ex. A; passed Mar. 26, 2013: Ord Ex. B; passed Dec. 4, 2012: Ord Ex. A; passed Dec. 15, 2009) Unlawful acts. It shall be unlawful for any Person to willfully prevent or attempt to prevent, by intimidation, threats, coercion, or otherwise, any Person from complying with the provisions of this chapter. (Ord Ex. A; passed Dec. 15, 2009) Severability. If any section of this chapter or its application to any Person or circumstance is held invalid by a court of competent jurisdiction, then the remaining sections of this chapter, or the application of the provisions to other Persons or circumstances, shall not be affected. (Ord Ex. A; passed Dec. 15, 2009) Sunset and review of program. This chapter shall be in effect through and until December 31, 2019, unless the City Council shall determine at an earlier date that the requirements of this chapter are no longer necessary. If this chapter has not been repealed by July 1, 2019, the City Council shall determine by the end of that year whether substantial effects or lack of opportunity of SBEs remain true in the relevant market and whether, and for how long, some or all of the requirements of this chapter should remain in effect. (Ord Ex. A; passed Dec. 16, 2014: Ord Ex. A; passed Mar. 26, 2013: Ord Ex. A; passed Dec. 15, 2009) City Clerk s Office 1-7 (Revised 4/2017) Page 69 of 129

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97 City of Tacoma LEAP Office 747 Market Street, Room 900 Tacoma WA Telephone (253) Fax (253) PRIME CONTRACTOR LEAP UTILIZATION PLAN Part A Contractor: Failure to submit this plan at the Pre-Construction Meeting may result in Progress Payments being withheld. Specification Number: Contract/Work Order Number(s): LEAP Utilization Goal: Date: Project Description: Contract Dollar Amount: PART B PLANNED LEAP HOURS* Trade or Craft City of Tacoma Resident Totals Pierce County Apprentice, Youth, and/or Veteran City of Tacoma Apprentice, Youth, and/or Veteran Tacoma Community Empowerment Zone Resident For Hydro Projects Hydro Project Area Resident (see *Counties) For Watershed Projects Seattle Renewal Community/CEZ Resident and/or King County Appr. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. Date hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. Rejected hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. hrs. Date hrs. hrs. hrs. hrs. hrs. hrs. TOTAL hrs. Part C Provide a description of how the Contractor plans to ensure that the LEAP Utilization Goals on the project will be met. (Use additional sheets if necessary) Revised 12/24/2015_DC Page 95 of 129

98 General Instructions for completing Prime Contractor LEAP Utilization Plan Part A Contractor/Contract Information Section: The Prime Contractor is responsible for completing this section. Failure to submit this plan at the Pre-Construction Meeting may result in Progress Payments being withheld. Part B Planned LEAP Hours Section: This section should be completed by the Prime Contractor. The information required in Part B is described below. Trade or Craft: Indicate the Trade or Craft being used. LEAP Employee Categories: Indicate the number of hours that will be utilized by the Prime Contractor and all Sub Contractors for each craft and broken down by City of Tacoma Resident, City of Tacoma Apprentice, Youth, or Veteran, Pierce County Apprentice, Youth, or Veteran. For Watershed Projects: King County Apprentice Approved by Washington State and/or Seattle Renewal Community (CEZ) Resident. For Hydro Projects: Area Residents (residing in either Pierce County or the County where the work is performed: Lewis, Mason, Grays Harbor or Thurston County), Tacoma Community Empowerment Zone Resident, City of Tacoma Residents. Totals: Total the number of hours in each of the six (6) columns. Total Planned LEAP Utilization Hours: This is the total number of hours planned on this project to satisfy the LEAP Utilization Goal. Part C Description of how the Contractor plans to ensure fulfillment of the LEAP Utilization Goal: This section is to be completed by the Prime Contractor. Please describe how you plan to satisfy the LEAP Utilization Goal on this project. Provide a summary of your outreach and recruitment procedures to hire LEAP Qualified Employees to work on this project. Revised 12/24/2015_DC Page 96 of 129

99 City of Tacoma LEAP Office 747 Market Street, Room 900 Tacoma, WA (253) fax (253) LEAP EMPLOYEE VERIFICATION FORM Contractor/Sub: Specification Number: Project Description: Employee Name: Craft: Ethnic Group: Asian, Hawaiian/ Pacific Islander, Black, Hispanic, White, Native American/Alaskan Native Gender: MALE FEMALE Social Security Number: Age: Date of Birth: Complete Physical Address (No PO Boxes): City: State: Zip: Telephone: Date of Hire: Apprenticeship County: Apprentice Registration I.D. (if applicable): Copy of DD-214: *******Please fill out entire form for tracking LEAP performance******* LEAP qualified employee categories: (check all that apply) a. Resident of the Tacoma Community Empowerment Zone b. Resident within the geographic boundaries of the City of Tacoma c. Pierce County Apprentice-WA State Approved Apprentice living in Pierce County d. Youth who is a Tacoma resident (18 to 24 years of age) **Effective on projects advertised after e. Youth who is a Pierce County resident(18 to 24 years of age) **Effective on projects advertised after f. Veteran who is a Tacoma resident. **Effective on projects advertised after g. Veteran who is a Pierce County resident. **Effective on projects advertised after h. Tacoma Power Hydro Projects only (must live in the county where the work is performed) - Resident of Lewis, Mason, Grays Harbor, Pierce and Thurston Counties - (verified by proof of county residency) *Effective on projects advertised after i. Tacoma Water Green River Headworks and Watershed Projects only - Resident of Seattle s Duwamish and White Center Community Empowerment Zone (CEZ) or King County Apprentice (verified by proof of CEZ residency) or ( King County Apprentice status verified by the Labor & Industries website, directions to follow) *Effective on projects advertised after Signature of Employee: Contractor Representative: Date: Date: Revised 02/22/2016_dc Page 97 of 129

100 LEAP EMPLOYEE VERIFICATION FORM To be Completed by Contractor or Subcontractor Please attach a legible copy of one of the following document(s) showing the address of residence as proof of local residency (Tacoma). If the employee is a Pierce County resident and has apprentice status, youth status, or veteran status; please attach a document showing their address and an additional document showing that they are an apprentice, youth or veteran. If one document contains their address and other status, that is sufficient.... For Youth - Copy of Birth Certificate or WA State ID or WA Driver s License (projects advertised after ) For Veterans Copy of DD-214(Projects advertised after ) Driver's License with current address Utility Bill/Phone Bill/Cell Bill/Cable Bill with current address Copy of current tax form W-4 Rental Agreement/Lease (residential) Computer Printout From Other Government Agencies Property Tax Records Apprentice Registration I.D. Food Stamp Award Letter Housing Authority Verification Insurance Policy (Residence/Auto) *Any of the above must have a complete physical address. No PO Boxes. Contractor Representative: Date: Title: Revised 02/22/2016_dc Page 98 of 129

101 Specification TU F Flagging and Traffic Control Services APPENDIX D WA STATE PREVAILING WAGE BENEFIT CODE KEY Page 99 of 129

102 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 ************************************************************************************************************ Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five-eight (8) hour workweek day or a four-ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a fourten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Page 100 of 129

103 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 1. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 Page 101 of 129

104 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, tenhour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. 3 Page 102 of 129

105 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 3. D. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half (1-1/2) times the regular rate of pay. I. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. In the event the job is down due to weather conditions during a five day work week (Monday through Friday,) or a four day-ten hour work week (Tuesday through Friday,) then Saturday may be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve (12) hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. C. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. 4 Page 103 of 129

106 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 4. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary function is to feed a distribution system, will be paid overtime under the following rates: The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal fourday, ten hour work week, and Saturday shall be paid at one and one half (1½) times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 20% over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, and all hours on Sunday shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 5 Page 104 of 129

107 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued 5. D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). K. Holidays: New Year s Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). L. Holidays: New Year s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (8). N. Holidays: New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One-Half Day Before Christmas Day, And Christmas Day. (7 1/2). S. Paid Holidays: New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Washington s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 6. A. Paid Holidays: New Year s Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half- Day On Christmas Eve Day. (9 1/2). G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day (11). 6 Page 105 of 129

108 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued 6. H. Paid Holidays: New Year's Day, New Year s Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran s Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President s Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7 Page 106 of 129

109 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued 7. I. Holidays: New Year's Day, President s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year s Day, President s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day (10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day after or before New Year s Day, President s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. 8 Page 107 of 129

110 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued T. Paid Holidays: New Year's Day, the Day after or before New Year s Day, President s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and The Day after or before Christmas Day. (10). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Note Codes 8. D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, S. Effective August 31, 2012 A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, T. Effective August 31, 2012 A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, Page 108 of 129

111 Benefit Code Key Effective 8/31/2017 thru 3/2/2018 Note Codes Continued 8. U. Workers on hazmat projects receive additional hourly premiums as follows Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do pioneer work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional $0.50 per hour. V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more. Over 50' to 100' - $2.00 per foot for each foot over 50 feet. Over 101' to 150' - $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet. Over 221' - $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance. 25 to $1.00 per foot from entrance. 300 to $1.50 per foot beginning at 300. Over $2.00 per foot beginning at Page 109 of 129

112 Specification TU F Flagging and Traffic Control Services APPENDIX E INSURANCE CERTIFICATE REQUIREMENTS Page 110 of 129

113 TU F CITY OF TACOMA INSURANCE REQUIREMENTS I. GENERAL REQUIREMENTS A. The City of Tacoma (the City) reserves the right to approve or reject the insurance provided based upon the insurer (including financial condition), terms and coverage, the Certificate of Insurance (COI), and/or endorsements. The insurance must be provided by an insurer with a rating of (A-) VII or higher in the A.M. Best's Key Rating Guide ( and pursuant to RCW 48, licensed to do business in the State of Washington (or issued as a surplus line by a Washington Surplus Lines broker). B. The 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. C. The liability insurance policies required by this section shall: 1. Contain a "severability of insureds," "separation of interest," or "cross liability" provision. 2. Be primary and non-contributory insurance to any insurance coverage or selfinsurance program the City may maintain. 3. Contain a Waiver of Subrogation clause in favor of the City. 4. Other than Professional Liability, reflect coverage on an occurrence, not claims-made policy form. D. The Contractor shall provide the City notice of any cancellation or non-renewal of this required insurance within 30 calendar days. E. The Contractor shall forward to the City, a full and certified copy of the insurance policy(s) including endorsements required by this section upon the City s request. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the City. G. Failure on the part of the Contractor to obtain and maintain the insurance as required by this section shall constitute a material breach of the Contract, upon which the City may, after giving five (5) business day notice to the 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 the City by the Contractor upon demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. H. 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 the City to the Contractor. I. For all liability insurance policies required by this Section, the City, including its officers, elected officials, employees, agents, and authorized volunteers, and any other entities as required by the Contract, shall be named as additional insured(s) by amendatory endorsement, EXCEPT Professional Liability (if applicable), Workers Compensation, Owners and Contractors Protective Liability, and Railroad Protective Liability. II. EVIDENCE OF INSURANCE The Contractor shall deliver a COI and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work to the City. The certificate and endorsements must conform to the following requirements: Insurance Requirements Page 111 of 129 Revised 8/7/2017 Page 1 of 5

114 TU F CITY OF TACOMA INSURANCE REQUIREMENTS A. An ACORD certificate or a form determined by the City to be equivalent. B. Copies of all endorsements showing the policy number and naming the City as an additional insured. C. The endorsement is to state that the insurance is primary and non-contributory over any City insurance or self-insurance. D. The endorsement is to extend Products/Completed Operations coverage to the City as an additional insured. E. A statement of additional insured status on an ACORD COI shall not satisfy this requirement. F. Any other amendatory endorsements to show the coverage required herein. III. CERTIFICATE REQUIREMENTS SPECIFIC REPRESENTATIONS The following must be indicated on the COI: A. The City is named as an additional insured ( "with respect to a specific Contract" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may carry" ("with respect to a specific Contract" or "for any and all work performed with the City" may be included in this statement). C. A Waiver of Subrogation in favor of the City for General Liability and Automobile Liability. D. Self-Insured Retention and applicable deductible limits must be disclosed on the COI and be no more than Ten Thousand Dollars ($10,000). E. Contract or Permit number and the City Department. F. All coverage other than Professional Liability, Cyber/Privacy and Security, and Pollution Liability must be written on occurrence form and not claims-made form. G. Reflect the existence and form numbers of all required endorsements. IV. SUBCONTRACTORS It is the Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage. The Contractor shall provide evidence of such insurance upon the City s request. V. CERTIFICATE REQUIREMENTS FOR COVERAGES AND LIMITS The insurance shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. The policies and/or coverages required by this section shall be subject to a deductible or self-insured retained limit up to Ten Thousand Dollars ($10,000) unless first approved in writing by the City of Tacoma, Risk Management Division. Insurance Requirements Page 112 of 129 Revised 8/7/2017 Page 2 of 5

115 TU F CITY OF TACOMA INSURANCE REQUIREMENTS A. General Liability Insurance 1. Commercial General Liability (CGL) Insurance The CGL insurance policy must provide limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. The CGL policy shall be written on an "occurrence," not "claims-made," basis and shall include the following coverage: a. Must use (Insurance Services Office (ISO) form CG0001(04-13) or its equivalent). b. A per project aggregate policy limit. c. Products Hazard/Completed Operations- for a period of one year following final acceptance of the work. d. Personal/Advertising Injury. e. Contractual Liability. f. Explosion, Collapse, or Underground Property Damage. g. Blasting (only required when the Contractor's work under this Contract includes exposures to which this specified coverage responds). h. If Contractor is performing work within fifty (50) feet of a railroad right of way, the General Liability policy shall be endorsed to eliminate the Contractual Liability exclusion pertaining to work within fifty (50) feet of a railroad right of way using ISO form CG2417(10-01) or equivalent. i. Abuse and Molestation, by a separate coverage part or an endorsement to the CGL, with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate including but not limited to Contractors working directly with youth under the age of 18. If Abuse and Molestation coverage is provided on a claims-made basis, coverage must be maintained for not less than three years following the end of the contract. This may be done by policy renewals or an Extended Reporting Period Endorsement. j. Include the City as additional insured and: 1) Use ISO forms CG2010(04-13) and CG2037(04-13) or equivalent for Contractors performing work on behalf of the City and name the City as an additional insured for ongoing and completed operations. 2) Use ISO form CG2012(04-13) or equivalent for Permits and name the City as an additional insured. 3) Use ISO form CG2026(04-13) or equivalent for Facility Use Agreements and name the City as an additional insured. 4) Blanket additional insured provisions within a policy form will not be accepted in lieu of the specific additional insured endorsement forms specified herein. However, a blanket additional insured endorsement providing the equivalent coverage provided by specific additional insured endorsements specified herein, may be accepted upon written approval from City of Tacoma, Risk Management Division. Insurance Requirements Page 113 of 129 Revised 8/7/2017 Page 3 of 5

116 TU F CITY OF TACOMA INSURANCE REQUIREMENTS B. Commercial Automobile Liability (CAL) Insurance The Contractor shall obtain and keep in force during the term of the Contract, a policy of CAL insurance coverage, providing bodily injury coverage and property damage coverage for owned (if any), non-owned, hired, and leased vehicles. The Contractor must also maintain an MCS 90 endorsement or equivalent and a CA 9948 endorsement or equivalent if Pollutants are to be transported. CAL policies must provide limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage. Must use ISO form CA 0001 or equivalent. C. Workers' Compensation 1. State of Washington Workers Compensation The Contractor shall comply with Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Employers Liability (EL) (Stop-Gap) Insurance The Contractor shall maintain EL 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. E. Excess or Umbrella Liability (UL) Insurance The Contractor shall provide Excess or UL coverage at limits of not less than Five Million Dollars ($5,000,000) per occurrence and in the aggregate. This Excess or UL coverage shall apply, at a minimum, to the CGL, EL and Automobile Liability forms required herein. F. Railroad Protective Liability (RPL) Insurance The Contractor shall procure and maintain RPL insurance during the term of the Contract if the Contractor s work will involve working on, above, under or being within fifty (50) feet of the City railroad right of ways. The RPL insurance shall have policy limits of Two Million Dollars ($2,000,000) per occurrence and Six Million Dollars ($6,000,000) annual aggregate. The Contractor must use an ISO form CG0035(04-13), or equivalent, with the City as a named insured, (not named as an additional insured). Insurance Requirements Page 114 of 129 Revised 8/7/2017 Page 4 of 5

117 TU F CITY OF TACOMA INSURANCE REQUIREMENTS G. Other Insurance Other insurance may be deemed appropriate to cover risks and exposures related to the scope of work or changes to the scope of work required by the City. The costs of such necessary and appropriate insurance coverage shall be borne by the Contractor. H. Other Conditions The Contractor will be responsible to comply with all specific insurance requirements associated with any highway or rail crossings (e.g. Washington State Department of Transportation (WSDOT), Burlington Northern Santa Fe Railway (BNSF), and Union Pacific Railroad (UPRR)). VI. CONTRACTOR As used herein, "Contractor" shall be the Supplier(s) entering a Contract with City, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise. Insurance Requirements Page 115 of 129 Revised 8/7/2017 Page 5 of 5

118 Specification TU F Flagging and Traffic Control Services APPENDIX F INVOICE EXAMPLE XYZ Company PO Box Anywhere, USA Phone (555) Fax (555) Bill To: City of Tacoma Invoice No TPU Department Invoice Date: 10/22/2017 Tacoma, WA Work Week Ending Date: 10/19/20127 City Contract No Date DESCRIPTION REG HOURS OT 1-1/2 10/15/12 Flagger Card # OT 2X 10/17/12 Flagger Card # /19/12 Flagger Card # TOTAL HOURS RATE AMOUNT Total Flagging Hours Straight Time Item #1 16 $XX.XX $X,XXX.XX Total Flagging Hours OT 1-1/2 Item #2 2 $XX.XX $X,XXX.XX Total Flagging Hours OT 2X Item #3 - Subtotal $X,XXX.XX Sales Tax $X,XXX.XX INVOICE TOTAL $X,XXX.XX Terms: NET 30 Days Page 116 of 129

119 Specification TU F Flagging and Traffic Control Services APPENDIX G WAC MEAL PERIODS REST PERIODS (1) Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift. Meal periods shall be on the employer's time when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer. (2) No employee shall be required to work more than five consecutive hours without a meal period. (3) Employees working three or more hours longer than a normal work day shall be allowed at least one thirty-minute meal period prior to or during the overtime period. (4) Employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three hours without a rest period. (5) Where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each 4 hours worked, scheduled rest periods are not required. [Order 76-15, , filed 5/17/76.] Page 117 of 129

120 Specification TU F Flagging and Traffic Control Services APPENDIX H WAC FLAGGERS For the intents and purposes of the Washington state public works law, chapter RCW, the scope of work for flaggers is as follows: Controls and directs pedestrian and vehicular traffic through construction projects using sign, hand and flag signals, warning paddles and radio communication. Informs drivers of detour routes through construction sites. Distributes signs, markers, flares, barricades, cones and other traffic control devices along construction sites in designated patterns. Is responsible for the safety of the workers and the public on construction sites. Must have completed a Washington state approved flagging course, or the equivalent. [Statutory Authority: Chapter RCW, RCW and WSR , , filed 7/19/00, effective 7/19/00.] Page 118 of 129

121 Specification TU F Flagging and Traffic Control Services APPENDIX I WAC SIGNALING AND FLAGGERS DEFINITION: Flagger. A person who provides temporary traffic control. MUTCD. The Federal Highway Administration's Manual on Uniform Traffic Control as currently modified and adopted by the Washington state department of transportation. Link: For the current version of the MUTCD, see the department of transportation's web site at and type MUTCD into the search box. (1) General requirements for signaling and flaggers. (a) You must first apply the requirements in this section. Then you must set up and use temporary traffic controls according to the guidelines and recommendations in Part VI of the MUTCD. (b) Job site workers with specific traffic control responsibilities must be trained in traffic control techniques, device usage, and placement. Note: You may purchase copies of the MUTCD by writing: U.S. Government Printing Office Superintendent of Documents Mail Stop: SSOP, Washington D.C To view and print a copy of the MUTCD go to and type MUTCD into the search box. (2) When to use flaggers. (a) You must only use flaggers when other reasonable traffic control methods will not adequately control traffic in the work zone. (b) If signs, signals, and barricades do not provide necessary protection from traffic at work zones and construction sites on or adjacent to a highway or street, then you must use flaggers or other appropriate traffic controls. (3) Flagger signaling. (a) Flagger signaling must be with sign paddles approved by WSDOT and conform to guidelines and recommendations of MUTCD. (b) Sign paddles must comply with the requirements of the MUTCD. (c) When flagging is done during periods of darkness, sign paddles must be retroreflective or illuminated in the same manner as signs. (d) During emergency situations, red flags, meeting the specifications of the MUTCD, may be used to draw a driver's attention to particularly hazardous conditions. In nonemergency situations, a red flag may be held in a flagger's free hand to supplement the use of a sign paddle. Page 119 of 129

122 Specification TU F Flagging and Traffic Control Services (4) Adequate warning of approaching vehicles. You must: Position work zone flaggers so they are not exposed to traffic or equipment approaching them from behind. If this is not possible, then the employer, responsible contractor, and/or project owner must develop and use a method to ensure that flaggers have adequate visual warning of traffic and equipment approaching from behind. Note: The following are some optional examples of methods that may be used to adequately warn or protect flaggers: Mount a mirror on the flagger's hard hat. Use an observer. Use "jersey" barriers. The department recognizes the importance of adequately trained flaggers and supports industry efforts to improve the quality of flagger training. However, training alone is not sufficient to comply with the statutory requirement of revising flagger safety standards to improve options available that ensure flagger safety and that flaggers have adequate visual warning of objects approaching from behind them. (5) High-visibility garments for flaggers. (a) While flagging during daylight hours, a flagger must at least wear, as an outer garment: A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA , American National Standard for High-Visibility Safety Apparel. Consisting of at least 775 square inches of background material that are fluorescent yellow-green, fluorescent orange-red or fluorescent red in color; AND 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. A high visibility hard hat that is white, yellow, yellow-green, orange or red in color. Note: A high-visibility garment meets Class 2 specifications if the garment: Meets the requirements above; OR Has an ANSI "Class 2" label. DEFINITION: Hours of darkness. 1/2 hour before sunset to one-half hour after sunrise. (b) While flagging during hours of darkness, a flagger must at least wear, as an outer garment: A high-visibility safety garment designed according to Class 2 specifications in ANSI/ISEA Consisting of at least 775 square inches of background material that are fluorescent yellow-green, fluorescent orange-red or fluorescent red in color; AND 201 square inches of retroreflective material that encircles the torso and is placed to provide 360 degrees visibility around the flagger. White coveralls, or other coveralls or trousers that have retroreflective banding on the legs designed according to ANSI/ISEA standards. When snow or fog limit visibility, pants, coveralls, or rain gear, meeting these additional requirements must be worn: Page 120 of 129

123 Specification TU F Flagging and Traffic Control Services - In a highly visible color; With retroreflective banding on the legs; Designed according to ANSI/ISEA A high-visibility hard hat: Marked with at least 12 square inches of retroreflective material applied to provide 360 degrees of visibility. Note: ANSI/ISEA is available by: Purchasing copies of ANSI/ISEA by writing: American National Standards Institute 11 West 42nd Street New York, NY OR Contacting the ANSI web site at OR Reading a copy of ANSI/ISEA at any Washington state library. (6) Flagger training. You must make sure that: (a) Each flagger has in their possession: A valid Washington traffic control flagger card; or A valid flagger card from a state such as: Oregon; Idaho; Montana; OR Other states having a flagger training reciprocity agreement with Washington. (b) The flagger card shows the following: Verification that the flagger training required is completed; Date the flagger received their flagger training; Name of the instructor providing the flagger training; Name of the state that issued the flagger card; The card's expiration date, not to exceed 3 years from the date of issuance; AND The flagger's picture or a statement that says "valid with photo ID." (c) Flagger training is based upon the MUTCD. Exemption: Personnel that have not completed a flagger-training course may be assigned duties as flaggers only during emergencies. Emergency assignments are temporary and last only until a certified flagger can be put into the position. DEFINITION: Emergency. An unforeseen occurrence endangering life, limb, or property. (7) Flagger orientation and traffic control plan. (a) The employer, responsible contractor or project owner must conduct an orientation that familiarizes the flagger with the job site. This requirement applies each time the flagger is assigned to a new project or when job site conditions change significantly. The orientation must include, but is not limited to: Page 121 of 129

124 Specification TU F Flagging and Traffic Control Services The flagger's role and location on the job site; Motor vehicle and equipment in operation at the site; Job site traffic patterns; Communications and signals to be used between flaggers and equipment operators; On-foot escape route; AND Other hazards specific to the job site. (b) If flaggers are used on a job that will last more than one day, then the employer, responsible contractor and/or project owner must keep on-site, a current site specific traffic control plan. The purpose of this plan is to help move traffic through or around the construction zone in a way that protects the safety of the traveling public, pedestrians and workers. The plan must include, but is not limited to, the following items when they are appropriate: Sign use and placement; Application and removal of pavement markings; Construction; Scheduling; Methods and devices for delineation and channelization; Placement and maintenance of devices; Placement of flaggers; Roadway lighting; Traffic regulations; AND Surveillance and inspection. (8) Advance warning signs. (a) You must provide the following on all flagging operations: A 3 sign advance warning sequence on all roadways with a speed limit below 45 mph. A 4 sign advance warning sequence on all roadways with a 45 mph or higher speed limit. (b) Warning signs must reflect the actual condition of the work zone. When not in use, warning signs must either be taken down or covered. (c) You must make sure to follow Table 1 for spacing of advance warning sign placement. Page 122 of 129

125 Specification TU F Flagging and Traffic Control Services Table 1. Advanced Warning Sign Spacing * All spacing may be adjusted to accommodate interchange ramps, at-grade intersections, and driveways. ** This refers to the distance between advance warning signs. See Figure 1, Typical Lane Closure on Two-Lane Road. This situation is typical for roadways with speed limits less than 45 mph. *** This spacing may be reduced in urban areas to fit roadway conditions. Exemption: In a mobile flagging operation, as defined by the MUTCD when the flagger is moving with the operation, the "flagger ahead (symbol or text)" sign must be: Within 1,500 feet of the flagger; AND The flagger station must be seen from the sign. If terrain does not allow a motorist to see the flagger from the "flagger ahead" sign, the distance between the flagger and the sign must be shortened to allow visual contact, but in no case can the distance be less than the distance specified in Table 1, Advanced Warning Sign Spacing. Page 123 of 129

126 Specification TU F Flagging and Traffic Control Services (9) Providing a safe job site for flaggers. Employers, responsible contractors and/or project owners must make sure that: (a) Flagger stations are located far enough in advance of the work space so that the approaching road users will have sufficient distance to stop before entering the work space. Follow Table 2 for the distance of the flagger workstation in advance of the work space. Table 2. Distance of Flagger Station in Advance of the Work Space Page 124 of 129

127 Specification TU F Flagging and Traffic Control Services * Posted speed, off-peak 85th-percentile speed prior to work starting or the anticipated operating speed. ** This spacing may be reduced to fit roadway and worksite conditions. Distances greater than those listed in the table are acceptable. (b) Flaggers stand either on the shoulder adjacent to the road user being controlled or in the closed lane prior to stopping road users. A flagger must only stand in the lane being used by moving road users after road users have stopped. DEFINITION: Road user. A vehicle operator, bicyclist, or pedestrian within a public roadway, including workers in temporary traffic control zones. (c) Flagger workstations are illuminated during hours of darkness by floodlights that do not create glare that poses a hazard for drivers. Note: To identify potential glare, observe the lighted area from various directions and angles on the main roadway after initial floodlight setup. Exemption: Emergency situations are exempt from these illumination requirements. For the purpose of this rule, emergency means an unforeseen occurrence endangering life, limb, or property. (d) Flaggers are not assigned other duties while engaged in flagging activities. (e) Flaggers do not use devices that may distract the flagger's vision, hearing, or attention. Examples of these devices include cell phones, pagers, radios, and headphones. Devices such as two-way radios used for communications between flaggers to direct traffic or ensure flagger safety are acceptable. (f) Flaggers receive a rest period of at least 10 minutes, on the employer's time, for each 4 hours of working time. Rest periods must be scheduled as near as possible to the midpoint of the work period. A flagger must not be allowed to work more than 3 hours without a rest period. Exemption: Scheduled rest periods are not required where the nature of the work allows a flagger to take intermittent rest periods equivalent to 10 minutes for each 4 hours worked. [Statutory Authority: RCW , , , WSR , , filed 4/19/16, effective 5/20/16. Statutory Authority: RCW , , , , and 29 C.F.R WSR , , filed 12/3/13, effective 1/6/14. Statutory Authority: RCW , , , WSR , , filed 1/24/07, effective 4/1/07; WSR , , filed 2/7/06, effective 4/1/06; WSR , , filed 12/1/04, effective 1/1/05; WSR , , filed 3/4/03, effective 8/1/03. Statutory Authority: RCW , [49.17].040, [49.17].050, 2000 c 239, and chapter RCW. WSR , , filed 1/26/01, effective 2/28/01. Statutory Authority: Chapter RCW. WSR (Order 93-04), , filed 9/22/93, effective 11/1/93; WSR (Order 92-15), , filed 12/11/92, effective 1/15/93; WSR (Order 89-03), , filed 5/15/89, effective 6/30/89. Statutory Authority: RCW and WSR (Order 86-14), , filed 1/21/86; Order 76-6, , filed 3/1/76; Order 74-26, , filed 5/7/74, effective 6/6/74.] Page 125 of 129

128 Specification TU F Flagging and Traffic Control Services APPENDIX J SURETY / PERFORMANCE BOND TEMPLATE Page 126 of 129

129 PERFORMANCE BOND TO THE CITY OF TACOMA That we, the undersigned, Resolution No. Bond No. as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of, $, for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, t, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory performance bond shall become null and void, if and when the principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal s obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions ditions and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increase. If the City shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgement, shall pay all costs and attorney s fees incurred by the City in enforcement of its rights hereunder. Venue for any action arising out of S in in connection nection with this bond shall be in Pierce County, Washington. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of Surety Companies Acceptable in Federal Bonds as published in the Federal Register by the Audit Staff Bureau of Accounts, counts, U.S. Treasure Department. One original bond shall be executed, and signed by the parties duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Approved as to form: Principal: Vendor Legal Name Deputy City Attorney SAMPLE E By: Surety: By: Agent s Name: Agent s Address: Form No. SPEC-100A Page 127 of /01/16