City of Tacoma Department of Public Works

SPECIFICATION NO.

PW25-0243F

S 48TH ST SEISMIC BRIDGE

RETROFIT

Project No. PWK-G0071 Federal Aid Project No. BHM-3210(004)

CITY OF TACOMA

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR BIDS, SPECIAL PROVISIONS, BID PROPOSAL AND CONTRACT

FOR

SPECIFICATION NO.

PW25-0243F

S 48TH ST SEISMIC BRIDGE RETROFIT

PROJECT NO. PWK-G0071

Clara Dubow, P.E. Room 522, Tacoma Municipal Building Engineering Division Tacoma, Washington 98421-2711 Public Works Department

Dustin Ong, P.E., S.E. 14432 SE Eastgate Way, Suite 400 David Evans and Associates, Inc. Bellevue, Washington 98007-6493

2026.07.21 19:18:56-07'00'

07/22/2026

SPECIFICATION NO. PW25-0243F

TABLE OF CONTENTS

NOTE: ALL BIDDERS MUST HAVE A COPY OF THE SPECIFICATIONS AND THE BID

SUBMITTAL PACKAGE

REQUEST FOR BIDS

SPECIAL REMINDER TO ALL BIDDERS

PART I BID PROPOSAL AND CONTRACT FORMS

Bid Proposal Bid Proposal Signature Sheet Local Agency Certification for Federal-Aid Contracts Bid Bond Certification Of Compliance With Wage Payment Statutes Non-Collusion Declaration State Responsibility and Reciprocal Bid Preference Information Bidders Questionnaire Acknowledgement Contract Payment Bond to the City of Tacoma Performance Bond to the City of Tacoma General Release Form

PART II REQUIRED FEDERAL AID CONTRACT PROVISIONS

PART III SPECIAL PROVISIONS

Division 1 General Requirements Division 2 Temporary Features Division 3 Earthwork (vacant) Division 4 Aggregates and Bases (vacant) Division 5 Surface Treatments and Pavements (vacant) Division 6 Structures Division 7 Drainage Structures, Storm Sewers, Sanitary Sewers, Water

Mains, and Conduits (vacant) Division 8 Miscellaneous Construction (vacant) Division 9 Materials (vacant) Appendix A City of Tacoma and WSDOT Standard Plans

PART IV FEDERAL WAGE RATES

PART V STATE PREVAILING WAGE RATES

Form No. SPEC-040C Revised: 06/03/2024

Public Works

REQUEST FOR BIDS PW25-0243F

S 48th St Seismic Bridge Retrofit

Federal Aid Number BHM-3210(004)

Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, October 13, 2026

Submittals must be received by the City’s Procurement and Payables Division by 11:00 a.m. Pacific Time.

For electronic submittals, the City of Tacoma will designate the time of receipt recorded by our email server, as the official time of receipt. This clock will be used as the official time of receipt of all parts of electronic bid submittals. Include the specification number in the subject line of your email. Your submittal must be sent as an attachment, links to your electronic submittal will not be accepted.

For in person submittals, the City of Tacoma will designate the time of receipt recorded by the timestamp located at the lobby security desk, as the official time of receipt. Include the specification number on the outside of the sealed envelope. Late submittals will be returned unopened and rejected as non-responsive.

Submittal Delivery: Sealed submittals will be received as follows:

By Email:

sendbid@tacoma.gov Maximum email size, including attachments: 35 MB.

Multiple emails may be sent for each submittal.

Note: Email may pass through multiple servers before arriving at its destination. Please allow sufficient time for email delivery of submittals. Timely electronic delivery is at the risk of the supplier.

In Person:

Tacoma Public Utilities Administration Building North, Main Floor, Lobby Security Desk 3628 South 35th Street Tacoma, WA 98409 Monday – Friday 8:00 am to 4:30 pm

Bid Opening: Submittals must be received by the City’s Procurement and Payables Division prior to 11:00 a.m. Pacific Time. Sealed submittals in response to a RFB will be opened Tuesday’s at 11:15 AM by a purchasing representative and read aloud during a public bid opening held at the Tacoma Public Utilities Administrative Building North, 3628 S. 35th Street, Tacoma, WA 98409, conference room M-1, located on the main floor. They will also be held virtually Tuesday’s at 11:15 AM. Attend a Zoom meeting via this link or call 1

(253) 215 8782 using meeting ID # 884 0268 0573, passcode # 070737.

Submittals in response to an RFP, RFQ or RFI will be recorded as received, but not read at bid opening. As soon as possible, after 1:00 PM, on the day of submittal deadline, preliminary results will be posted to www.TacomaPurchasing.org.

If you believe your submittal was sent timely and was not read at bid opening, please contact sendbid@tacoma.gov immediately.

Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained at the City’s plan distribution service provider, ARC, 632 Broadway, Tacoma, WA, or by going to http://www.e-arc.com/location/tacoma. Prospective bidders will be required to pay reproduction costs. A list of vendors registered for this solicitation is also available at their website.

Pre-Proposal Meeting: A pre-proposal meeting will not be held.

Project Scope: The Contract shall generally consist of installing a steel jacketing system in the center columns of the S 48th St Bridge. The Federal Small Business Enterprise Program (FSBE) goal for this work is 0%.

Estimate: $600,000 - $700,000

Paid Sick Leave: The City of Tacoma requires all employers to provide paid sick leave in accordance with Washington State law.

Form No. SPEC-040C Revised: 06/03/2024

Americans with Disabilities Act (ADA) Information: The City of Tacoma, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. Specification materials can be made available in an alternate format by emailing the contact listed below in the Additional Information section.

Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration of award.

Additional Information: Requests for information regarding the specifications may be obtained by contacting Stan Rowden by email to srowden@tacoma.gov

Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, specifies procedures for protests submitted prior to and after submittal deadline.

Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468.

SPECIAL REMINDER TO ALL BIDDERS

HEALTH & SAFETY: Be sure to comply with all City of Tacoma health and safety requirements.

PLEASE NOTE: Be sure you have complied with all specifications and requirements and have signed all required documents.

YOUR ATTENTION IS PARTICULARLY CALLED to the following forms, which must be executed in full and submitted with your bid response:

1. BID PROPOSAL: The unit prices bid must be shown in the space provided. Check your computations for omissions and errors.

2. BID PROPOSAL SIGNATURE SHEET: To be filled in and executed by a duly authorized officer or representative of the bidding entity. If the bidder is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted.

3. BID BOND: The Bid Bond must be executed by the person legally authorized to sign the bid, and must be properly signed by the representatives of the surety company unless the bid is accompanied by a certified check. If Bid Bond is furnished, the form furnished by the City must be followed; no variations from the language thereof will be accepted. The amount of the Bid Bond must be not less than 5% of the total amount bid.

4. NON-COLLUSION DECLARATION: Must be returned by the bidder and included with the submittal.

FAILURE TO RETURN THE AFOREMENTIONED NON-COLLUSION DECLARATION

AND TO SUBMIT SAID DECLARATION WITH THE BID SHALL BE DUE CAUSE FOR

REJECTION OF BID.

5. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES: Bidder shall complete this form in its entirety to ensure compliance with state legislation (SHB 2017).

6. STATE RESPONSIBILITY AND RECIPROCAL BID PREFERENCE INFORMATION:

Bidder shall complete this form in its entirety to ensure compliance with state legislation

(SHB 2010).

7. BIDDER QUESTIONNAIRE: Bidders must include a Bidders Questionnaire (WSDOT form

272-022) in accordance with special provisions section 1-02.6. Bids that do not include this form at the time of bid will be rejected in accordance with Section 1-02.13 of the special provisions.

8. ACKNOWLEDGMENT: Must be signed by the bidder and be subscribed and sworn to before a Notary Public. Be sure all parties whose signatures are legally necessary have signed, whether the bidder be an individual, partnership or corporation.

POST AWARD FORMS EXECUTED UPON AWARD:

A. CONTRACT: Must be executed by the successful bidder.

B. PAYMENT BOND TO THE CITY OF TACOMA: Must be executed by the successful bidder and his/her surety company.

C. PERFORMANCE BOND TO THE CITY OF TACOMA: Must be executed by the successful bidder and his/her surety company.

D. CERTIFICATE OF INSURANCE: Shall be submitted with all required endorsements.

E. GENERAL RELEASE.

CODE OF ETHICS: The successful bidder agrees that its violation of the City’s Code of Ethics contained in TMC Chapter 1.46 shall constitute a breach of the contract subjecting the contract to termination.

P A R T I

B I D P R O P O S A L A N D C O N T R A C T F O R M S

Contractor’s Name:

Specification No. PW25-0243F

B I D P R O P O S A L

SPECIFICATION NO. PW25-0243F

S 48TH ST SEISMIC BRIDGE RETROFIT

The undersigned hereby certifies that he/she has examined the location and construction details of work as outlined on the Plans and Specifications for Project No. PW25-0243F and has read and thoroughly understands the Plans and Specifications and contract governing the work embraced in this improvement and the method by which payment will be made for said work, and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said Plans, Specifications and contract and at the following schedule of rates and prices:

NOTE: 1. Unit prices of all items, all extensions and total amount of bid should be shown. Show unit prices in figures only.

2. The notations below the item numbers refer to the specification section where information may be found regarding each contract item. These notations are intended only as a guide and are not warranted to refer to all specification sections where information may be found.

ITEM ESTIMATED UNIT TOTAL

NO. ITEM DESCRIPTION QUANTITY PRICE AMOUNT

1.

1-09

Mobilization

Lump Sum

2.

6-02

Column Jacketing

3.

2-04

Transportable Attenuator

Hours

4.

Sequential Arrow Sign

5.

Portable Changeable Message Sign

6.

Other Project Temporary Traffic Control Devices

7.

8.

9.

10.

Other Traffic Control Labor

Traffic Control Supervisor

Construction Signs Class A (Including Supports)

Work Zone Safety Contingency

Square Feet

Estimated

Estimated

11.

1-05

Structure Surveying

12.

1-04

Minor Change

Calculated

Calculated

13.

1-07

SPCC Plan

TOTAL BASE BID FOR ITEMS 1 THRU 13 $_______________________

Proposal for Incorporating Recycled Materials into the Project

In compliance with a new law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1) E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications.

Proposed total percentage: _____________________________ percent.

Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie-breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions.

Regardless, the Bidder’s stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions.

Bidder: _____________________________________________________

Signature of Authorized Official:

Date: _____________________________________________________

BID PROPOSAL SIGNATURE SHEET

The total bid price for completion of all the work required in accordance with the Plans and Specifications, together with any and all Addenda issued as a Supplement thereto, is

$___________________ (GRAND TOTAL FROM BID PROPOSAL)

ACKNOWLEDGMENT OF ADDENDUM FOR:

PW25-0243F

S 48TH ST SEISMIC BRIDGE RETROFIT

#1 (initial) #2 (initial) #3 (initial) #4 (initial)

Bidder:

Signed: ______________________________________________ Title:

Print Name:

Address: _____________________________________________ City/State/Zip:

Telephone Number: _____________________________________ Date:

Contractor's Registration Number:

NOTE: 1. If the bidder is a co-partnership, so state, giving firm name under which business is transacted.

2. If the bidder is a corporation, this Bid Proposal must be executed by its duly authorized officials.

3. The bidder agrees, by submitting a bid under these Specifications, that in the event any litigation should arise concerning the submission of bids or the award of contract under this Specification or Request for Bids, 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.

C I T Y O F T A C O M A

Hyun Kim

CITY MANAGER

SR

Local Agency Certification for Federal-Aid Contracts

The prospective participant certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

This certification is material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prereguisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in an lower tier subcontracts. which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

DOT Form 272-040A EF 07/2011

Form No. SPEC-090A Revised: 08/2004

Herewith find deposit in the form of a cashier’s check in the amount of $__________________ which amount is not less than 5-percent of the total bid.

SIGN HERE__________________________________

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, ______________________________________________________________, as Principal, and

______________________________________________________________________, as Surety, are held and firmly bound unto the City of Tacoma, as Obligee, in the penal sum of __________________

_________________________________________________ dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the

Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond.

SIGNED, SEALED AND DATED THIS _______________ DAY OF __________________, 20______.

PRINCIPAL: SURETY:

__________________, 20______

Received return of deposit in the sum of $ _______________________________________________

Certification of Compliance with Wage Payment Statutes 09/20/2018

Certification of Compliance with Wage Payment Statutes

The bidder hereby certif ies that, within the three-year period immediately preceding the bid solic itation date ( INSERT DATE), that the bidder is not a

“willful” v iolator, as def ined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a f inal and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civ il judgment entered by a court of limited or general jurisdiction.

I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Bidder

Signature of Authorized Off icial*

Printed Name

Title

Date City State

Check One:

Indiv idual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐

State of Incorporation, or if not a corporation, the state where business entity was formed:

If a co-partnership, give f irm name under which business is transacted:

* If a corporation, proposal must be executed in the corporate name by the president or vice -president

(or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.

CDubow Checker Comment - Text Box (No Fill) September 15, 2026

Specification Number: _______________________

Name of Bidder: _____________________________

Revised: 7/01/2026

State Responsibility and Reciprocal Bid Preference Information

A). Certificate of registration as a contractor (Must be in effect at time of bid submittal).

Number: ________________________________ Effective Date: ___________________________ Expiration Date: __________________________

B). Current Washington Unified Business Identifier (UBI) Number:

Number: _________________________________

C). Do you have industrial insurance (workers compensation) coverage for your employees working in Washington?

☐ Yes ☐ No ☐ Not applicable

Washington Employment Security Department Number:

Number: _________________________________

Washington Department of Revenue state excise tax Registration number:

Number: __________________________________

D). Have you been disqualified from bidding on any public works contracts under RCW

39.06.010 or 39.12.065 (3)?

If yes, provide an explanation of your disqualification on a separate page.

E). Have you been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation disqualification on a separate page

F). Have received training on the requirements related to public works and prevailing wage under chapter 39.04 RCW and chapter 39.12 RCW?

☐ Yes ☐ No ☐ Exempt

G). Have you, within the three-year period immediately preceding the date of the bid solicitation, have you been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil https://app.leg.wa.gov/rcw/default.aspx?cite=39.06.010 https://app.leg.wa.gov/rcw/default.aspx?cite=39.12.065 http://app.leg.wa.gov/RCW/default.aspx?cite=49.04 https://app.leg.wa.gov/rcw/default.aspx?cite=39.04.350 http://app.leg.wa.gov/RCW/default.aspx?cite=39.12

Specification Number: _______________________

Name of Bidder: _____________________________

Revised: 7/01/2026 judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW disqualification on a separate page

H). At the time of bid submittal, have you been subject to a revocation of a minor work permit under RCW 49.12.390(4)?

If yes, provide an explanation on a separate page

Do you have a physical office located in the State of Washington?

If incorporated, in what state were you incorporated?

State: ___________________________________

If not incorporated, in what state was your business entity formed?

State: ___________________________________

Submittal of your signed bid constitutes your statement under penalty of perjury as required by RCW 39.04.350 (2), that you are in compliance with the responsible bidder criteria requirements of (G) and (H) above.

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 https://app.leg.wa.gov/rcw/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.12.390 https://app.leg.wa.gov/rcw/default.aspx?cite=39.04.350

Bidder Questionnaire Agency Name Federal Aid Number

Prime Contractor Name Contract Number

Contract Name

Firm/Subcontractor Name Address (incl. ZIP Code)

DBE

Status

NAICS

Codes Scope of Work Firm Age Firm Gross Receipts

If you have additional Firms or Subcontractors that submitted Bids, please complete additional forms.

All bidders listed on any other forms, including the Subcontractor List, must appear on this form.

Prime Contractor Representative Date

DOT Form 272-022 Revised 4/2026

● Previous Versions Obsolete ●

DOT Form 272-022 Revised 12/2025

● Previous Versions Obsolete ●

Form Instructions

The following information for each firm that submitted a bid is required as part of 49 CFR 26.11(c)(2):

Firm/Subcontractor Name: Enter the name of each firm or subcontractor who submitted a quote or a bid on the contract.

Address: Enter the main address of the firm/subcontractor. Include the ZIP code.

DBE Status: Enter the DBE status. Options are DBE and Non-DBE.

NAICS Codes: Enter the appropriate NAICS Codes for the work the bid was submitted for.

Scope of Work: Enter the scope of the work the bid was submitted for.

Firm Age: Enter the age of the firm.

Firm Gross Receipts: Enter the annual gross receipts. Options are “Less than $1 million”, “$1-$3 million”, “$3-$6 million”, “$6-$10 million”, “$10-$20 million ”, “$20-$30.72 million ”, “Greater than $30.72 million ”.

https://20-$30.72

ACKNOWLEDGMENT

SPECIFICATION NO. PW25-0028F

The bidder is hereby advised that by signature of this bid proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein.

The undersigned hereby agrees to pay labor not less than the prevailing rates of wages in accordance with the requirements of the Special provisions for this project.

A bid proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto:

CASH IN THE AMOUNT OF

CASHIER'S CHECK Dollars

CERTIFIED CHECK ($ ) PAYABLE TO THE CITY TREASURER

BID BOND IN THE AMOUNT OF 5% OF THE TOTAL AMOUNT BID

**Receipt is hereby acknowledged of Addendum No.(s) , , , & .

SIGNATURE OF AUTHORIZED OFFICIAL(S)

Firm Name

Signed and sworn to (or affirmed) before me on Date

Notary Public

My appointment expires (Seal or Stamp)

NOTE:

1. This bid proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Secretary of Transportation will because for considering the bid proposal irregular and subsequent rejection of the bid.

2. Please refer to Section 1-02.6 of the standard Specification, re: "Preparation of Proposal," or "Article 4" of the Instructions to Bidders for building construction jobs.

CDubow Snapshot

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CONTRACT

Resolution No.

Contract No.

This Contract is made and entered into effective as of [Month], [Day], [Year] (“Effective Date”) by and between the City of Tacoma, a Municipal Corporation of the State of Washington (“City”), and [supplier name as it appears in Ariba, including dbas or trade names] (“Contractor”).

That in consideration of the mutual promises and obligations hereinafter set forth the Parties hereto agree as follows:

I. Contractor shall fully execute and diligently and completely perform all work and provide all services and deliverables described herein and in the items listed below each of which are fully incorporated herein and which collectively are referred to as “Contract Documents”:

1. Specification No. [Spec Number] [ Spec Title] together with all authorized addenda.

2. Contractor’s submittal [or specifically described portions thereof] dated [Enter Submittal Date] submitted in response to Specification No. [Spec Number] [Spec Title].

3. Describe with specific detail and list separately any other documents that will make up the contract (fee schedule, work schedule, authorized personnel, etc.) or any other additional items mutually intended to be binding upon the parties.

II. If federal funds will be used to fund, pay or reimburse all or a portion of the services provided under the Contract, the terms and conditions set forth at this Appendix A are incorporated into and made part of this Contract and CONTRACTOR will comply with all applicable provisions of Appendix A and with all applicable federal laws, regulations, executive orders, policies, procedures, and directives in the performance of this Contract.

If CONTRACTOR’s receipt of federal funds under this Contract is as a sub-recipient, a fully completed Appendix B, “Sub-recipient Information and Requirements” is incorporated into and made part of this Contract.

III. In the event of a conflict or inconsistency between the terms and conditions contained in this document entitled Contract and any terms and conditions contained the above referenced Contract Documents the following order of precedence applies with the first listed item being the most controlling and the last listed item the least controlling:

1. Contract, inclusive of Appendices A and B.

2. List remaining Contract Documents in applicable controlling order.

IV. The Contract terminates on xxxxx, and may be renewed for xxxxxxxx

V. The total price to be paid by City for Contractor’s full and complete performance hereunder, including during any authorized renewal terms, may not exceed:

$[Dollar Amount], plus any applicable taxes.

VI. Contractor agrees to accept as full payment hereunder the amounts specified herein and in Contract Documents, and the City agrees to make payments at the times and in the manner and upon the terms and conditions specified. Except as may be otherwise provided herein or in Contract Documents Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work and providing the services and deliverables required by this Contract.

VII. The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card (aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House (ACH), then check or other cash equivalent. CONTRACTOR may be required to have the capability of accepting the City’s ePayables or credit card methods of payment. The City of Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or credit card is used. The City, in its sole discretion, will determine the method of payment for this Contract.

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VIII. Failure by City to identify a deficiency in the insurance documentation provided by Contractor or failure of City to demand verification of coverage or compliance by Contractor with the insurance requirements contained in the Contract Documents shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

IX. Contractor and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the requirements contained herein and in Contract Documents.

It is further provided that no liability shall attach to City by reason of entering into this Contract, except as expressly provided herein.

IN WITNESS WHEREOF, the Parties hereto have accepted and executed this Contract, as of the Effective Date stated above, which shall be Effective Date for bonding purposes as applicable.

CITY OF TACOMA: CONTRACTOR:

Signature: Signature:

Name: Name:

Title: Title:

(City of Tacoma use only - blank lines are intentional)

Director of Finance: ______________________________________________________________

Deputy/City Attorney (approved as to form): _________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

Approved By: ___________________________________________________________________

APPENDIX A

FEDERAL FUNDING

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1. Termination for Breach

CITY may terminate this Contract in the event of any material breach of any of the terms and conditions of this Contract if CONTRACTOR’s breach continues in effect after written notice of breach and 30 days to cure such breach and fails to cure such breach.

2. Prevailing Wages

1. If federal, state, local, or any applicable law requires CONTRACTOR to pay prevailing wages in connection with this Contract, and CONTRACTOR is so notified by the CITY, then CONTRACTOR shall pay applicable prevailing wages and otherwise comply with the Washington State Prevailing Wage Act (RCW 39.12) in the performance of this Contract.

2. If applicable, a Schedule of Prevailing Wage Rates and/or the current prevailing wage determination made by the Secretary of Labor for the locality or localities where the Contract will be performed is made of part of the Contract by this reference. If prevailing wages apply to the Contract, CONTRACTOR and its subcontractors shall:

i. Be bound by and perform all transactions regarding the Contract relating to prevailing wages and the usual fringe benefits in compliance with the provisions of Chapter 39.12 RCW, as amended, the Washington State Prevailing Wage Act and/or the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable, including the federal requirement to pay wages not less than once a week.

ii. Ensure that no worker, laborer or mechanic employed in the performance of any part of the Contract shall be paid less than the prevailing rate of wage specified on that Schedule and/or specified in a wage determination made by the Secretary of Labor (unless specifically preempted by federal law, the higher of the Washington state prevailing wage or federal Davis-Bacon rate of wage must be paid.

iii. Immediately upon award of the Contract, contact the Department of Labor and Industries, Prevailing Wages section, Olympia, Washington and/or the federal Department of Labor, to obtain full information, forms and procedures relating to these matters. Per such procedures, a Statement of Intent to Pay Prevailing Wages and/or other or additional documentation required by applicable federal law, must be submitted by CONTRACTOR and its subcontractors to the CITY, in the manner requested by the CITY, prior to any payment by the CITY hereunder, and an Affidavit of Wages Paid and/or other or additional documentation required by federal law must be received or verified by the CITY prior to final Contract payment.

3. COPELAND ANTI-KICKBACK ACT

For Contracts subject to Davis Bacon Act the following clauses will be incorporated into the Contract:

A. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.

B. CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses federal agencies may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

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The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these Contract clauses.

C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

4. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this Contract, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. If the CONTRACTOR does over $10,000 in business a year that is funded, paid or reimbursed with federal funds, CONTRACTOR will take specific and affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

A. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

D. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. In the event of CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further federally funded contracts in accordance with procedures

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G. CONTRACTOR will include the portion of the sentence immediately preceding paragraph

(A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

A. Overtime requirements. Neither CONTRACTOR or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (3)(A) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (3)(A) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (3)(A) of this section.

C. Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal

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D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (3)(A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (3)(A) through (D) of this section.

6. CLEAN AIR ACT

A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funds.

7. FEDERAL WATER POLLUTION CONTROL ACT

A. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the appropriate federal agency.

C. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funding.

8. DEBARMENT AND SUSPENSION

A. This Contract is a Covered Transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.

3000. As such, the CONTRACTOR is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier Covered Transaction it enters into.

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C. This certification is a material representation of fact relied upon by the CITY. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

D. CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Contract and to include a provision requiring such compliance in its lower tier covered transactions.

9. BYRD ANTI-LOBBYING AMENDMENT

A. Contractors who apply or bid for an award of $100,000 or more shall file the required certification with CITY. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the CITY.

B. If applicable, CONTRACTOR must sign and submit to the CITY the certification required by Appendix A to 44 CFR Part 18 contained at Appendix A-1 to this Contract.

10. PROCUREMENT OF RECOVERED MATERIALS

A. In the performance of this Contract, CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

i. Competitively within a timeframe providing forcompliance with the contract performance schedule;

ii. Meeting contract performance requirements; or

iii. At a reasonable price.

B. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

C. CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

https://www.epa.gov/smm/comprehensive-%20procurement-guideline-cpg-program

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APPENDIX A-1

APPENDIX A to 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, __________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

______________Date

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APPENDIX B—Sub-recipient information and requirements

Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification

(i) Agency Name (must match the name associated with its unique entity identifier)

(ii) Unique Entity Identifier

(i.e., DUNS)

Number for This Agreement

(iii) Federal Award Identification Number

(FAIN)

(iv) Federal Award

(v) Federal Period of Performance Start and End

(vi) Federal Budget Period Start and End

(vii) Amount of Federal Funds Obligated to the agency by this action:

(viii) Total Amount of Federal Funds Obligated to the agency

(ix) Total Amount of the Federal Award Committed to the agency

(x) Federal Award Project Description:

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS– City of Tacoma

(xi) Federal Awarding Agen cy:

DEPARTMENT OF THE

TREASURY

Pass-Through Entity:

City of Tacoma

Awarding Official Name and Contact Information:

(xii) Assistance Listing Number and Name (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listing number at time of disbursement)

(xiii) Identification of Whether the Award is R&D

(xiv) Indirect Cost Rate for the Federal Award

Award Payment Method (lump sum payment or reimbursement)

REIMBURSEMENT

Form No. SPEC-100B 10/03/2023

Resolution No. [Enter Reso # Here]

Bond No.

That we, the undersigned, [Supplier name] as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of, $[dollar value], plus any applicable taxes , 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…