Vactor Inspection and Cleaning Services

CITY OF TACOMA / CITYWIDE REQUEST FOR PROPOSAL VACTOR INSPECTION AND CLEANING SERVICES SPECIFICATION NO. CT23-0018F CT23-0018F Page 1 of 43 City of Tacoma Citywide REQUEST FOR PROPOSALS CT23-0018F VACTOR INSPECTION AND CLEANING SERVICES SPECIFICATION Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, March 21, 2023 Submittals must be received by the City’s Procurement and Payables Division prior to 11:00 a.m. Pacific Time. For electronic submittals, the City of Tacoma will designate the time of receipt recorded by our email, bids@cityoftacoma.org, as the official time of receipt. This clock will be used as the official time of receipt of all parts of electronic bid submittals. Submittal Delivery: Sealed submittals will be received as follows: By Email: bids@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. Bid Opening:

Sealed submittals in response to a RFB will be opened Tuesday’s at 11AM 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 11AM. Attend via this link or call 1 (253) 215 8782. Submittals in response to an RFP, RFQ or RFI will be recorded as received. As soon as possible, after 1:00 PM, on the day of submittal deadline, preliminary results will be posted to www.TacomaPurchasing.org. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org. • Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. • Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: A pre-proposal meeting will not be held. Project Scope: On-Call catch basin inspection and cleaning services at various City facilities. CT23-0018F Page 2 of 43 mailto:bids@cityoftacoma.org mailto:bids@cityoftacoma.org https://us02web.zoom.us/j/83250498294 https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=22848 http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx http://www.ci.tacoma.wa.us/45bidsapps/PlanholderList.aspx Estimate: $200,000 Paid Sick Leave: The City of Tacoma requires all employers to provide paid sick leave as set forth in Title 18 of the Tacoma Municipal Code. For more information, visit our Minimum Employment Standards Paid Sick Leave webpage. Americans with Disabilities Act (ADA Information: The City of Tacoma, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. Specification materials can be made available in an alternate format by emailing Gail Himes at ghimes@cityoftacoma.org, or by calling her collect at 253-591-5785. Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration of award. Additional Information: Requests for information regarding the specifications may be obtained by contacting Tad Carlson, Senior Buyer by email to tcarlson@cityoftacoma.org Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, specifies procedures for protests submitted prior to and after submittal deadline. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468. CT23-0018F Page 3 of 43 https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 mailto:ghimes@cityoftacoma.org http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ TABLE OF CONTENTS REQUEST FOR PROPOSALS ............................................................................................... 2 TABLE OF CONTENTS ......................................................................................................... 4 SUBMITTAL CHECK LIST ..................................................................................................... 5 1. BACKGROUND .............................................................................................................. 6 2. MINIMUM REQUIREMENTS ........................................................................................... 6 3. SCOPE OF SERVICES AND DELIVERABLES ................................................................ 6 4. CONTRACT TERM ......................................................................................................... 8 5. CALENDAR OF EVENTS ................................................................................................ 8 6. INQUIRIES ..................................................................................................................... 8 7. PRE-PROPOSAL MEETING ........................................................................................... 9 8. DISCLAIMER .................................................................................................................. 9 9. EVALUATION CRITERIA ................................................................................................ 9 10. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. ................................................................................................................................ 10 11. INTERVIEWS / ORAL PRESENTATIONS .................................................................. 12 12. RESPONSIVENESS .................................................................................................. 12 13. ACCEPTANCE / REJECTION OF SUBMITTALS ........................................................ 13 14. CONTRACT OBLIGATION......................................................................................... 13 15. STANDARD TERMS AND CONDITIONS / GENERAL PROVISIONS .......................... 13 16. INSURANCE REQUIREMENTS ................................................................................. 13 17. PAID LEAVE ............................................................................................................. 13 18. INVOICING ............................................................................................................... 13 19. PARTNERSHIPS ....................................................................................................... 14 20. COMMITMENT OF FIRM KEY PERSONNEL ............................................................. 14 21. AWARD .................................................................................................................... 14 22. ENVIRONMENTALLY PREFERABLE PROCUREMENT ............................................. 14 23. PROPRIETARY OR CONFIDENTIAL INFORMATION ................................................ 15 24. ADDENDUMS ........................................................................................................... 15 25. EQUITY IN CONTRACTING ...................................................................................... 15 APPENDIX A ....................................................................................................................... 17 APPENDIX B ....................................................................................................................... 19 APPENDIX C ....................................................................................................................... 20 CT23-0018F Page 4 of 43 SUBMITTAL CHECK LIST This checklist identifies items to be included with your submittal. Any submittal received without these required items may be deemed non-responsive and not be considered for award. Submittals must be received by the City of Tacoma Purchasing Division by the date and time specified in the Request for Proposal page. The following items make up your submittal package: One electronic copy of your complete submittal package emailed to bids@cityoftacoma.org Signature Page (Appendix A) Price Proposal Form (Appendix A) Information in Content to be Submitted Section After award, the following documents will be executed: Services Contract (Appendix B) Certificate of Insurance and related endorsements as outlined in Insurance Documents (Appendix C) CT23-0018F Page 5 of 43 1. BACKGROUND The City of Tacoma (City) / Tacoma Public Utilities (TPU) is soliciting bids to establish one or more contracts with qualified vendors to fulfill the City’s needs for on-call catch basic inspection and cleaning services. Catch basins will range in size and depth. Contract(s) will be awarded to the lowest responsive and responsible bidder(s) based on price, product quality and availability. The City anticipates awarding a single contract but reserves the right to award more than one if it is deemed in the best interest of the City. The values of all contracts executed is expected to total approximately $200,000 but as this will be an on-call contract, actual spend will be determined by the work performed. To learn more about the City of Tacoma, visit www.cityoftacoma.org. Submittals and/or the selected Consultant(s) may be used for projects of similar type and scope at the sole discretion of the City for up to one year. 2. MINIMUM REQUIREMENTS Vendor should have been in business performing the described work for a minimum of three years. 3. SCOPE OF SERVICES AND DELIVERABLES 3.1 Inspections The awarded contractor will provide annual scheduled inspection in addition to as needed inspection services. Inspections will be per the most current version of the City of Tacoma Stormwater Management Manual (SWMM) Volume 4 Appendix C #6 Maintenance Standard for Catch Basins/Manholes. The City of Tacoma SWMM can be found on the following webpage: www.cityoftacoma.org/stormwatermanual The Contractor will be notified by the City requestor of the address or location where the catch basins need to be cleaned. The mobile application will show catch basins that are at this address or location. Catch basins inspected and or cleaned shall be reported through the mobile application. The Contractor shall indicate in the mobile application if the catch basin exceeds the maintenance standards, sump and sediment depth and shall list other noted deficiencies. Other noted deficiencies will be the responsibility of the City department that has responsibility for the specific catch basin. 3.2 Cleanings The Contractor will be responsible to clean the catch basin grate and/or inlet opening and the area immediately adjacent to same as well as the catch basin either based on inspection results or at the request of the City requestor. Cleaning equipment shall be capable of removing dirt, grease, rocks, sand, roots and other materials and obstructions from the catch basin; inlet/outlet piping, as can be removed with the catch basin cleaning equipment; inlet/grate and the area immediately adjacent to the catch CT23-0018F Page 6 of 43 http://www.cityoftacoma.org/ http://www.cityoftacoma.org/stormwatermanual basin inlet/grate. Selection of equipment shall be based on field conditions such as access to catch basin or facility, type of structure and quantity of debris. Cleaning required based upon inspections will be noted in the app and will be required to be completed by the Contractor within two months of the inspection. Cleaning may be completed directly after inspection. 3.3 Waste Disposal The Contractor shall dispose of all waste material removed during cleaning operations at a site with a valid waste disposal authorization licensed to receive street waste. Locations shall be submitted to the Project Manager for approval prior to any disposal. The cost of disposal shall be included in cleaning cost. 3.4 Tracking Inspections and Cleanings When performing inspections and cleanings, contractor will be provided a mobile ESRI application with facility locations and inspection forms. Contractor shall use this application to track all inspections and maintenance at each facility as the work occurs. Contractor will need to have an Apple or Android based device (phone/tablet) to record the inspection. 3.5 Other Noted Maintenance Needs or Deficiencies Any maintenance needs beyond those within the scope of this project that are noted during the inspection shall be included in the repair dropdown or comments section of the app. Any inspection that shows major defect or debris in structures or pipes that restricts flow or impedes function shall be communicated to the City immediately and noted in the app. 3.6 Location of Services The majority of services will be rendered in Pierce County and specifically within City of Tacoma’s limits. The City has remote locations as well that may require periodic work. The Price Proposal Page solicits mobilization rates for these sites. These include: Cowlitz River Project (Cowlitz County Parcel WK1601006 and general vicinity) Cushman Hydroelectric Project (Mason County Parcel 42226-20-60000 and general vicininity) Nisqually Project and other Tacoma Power owned parcels in this vicinity (Pierce County Parcel 0416321005, 0415093001 and 0415091000 other parcels within this general area) Green River Headworks (King County Parcels 1321079040, 1321079017, 1821089012 and adjacent parcels) 3.7 Safety and Traffic Control The contractor shall comply with all federal, state, and local regulations and all CT23-0018F Page 7 of 43 applicable OSHA confined space entry requirements. Traffic control necessary to perform the inspections and cleaning is anticipated to be provided by the contractor. The City will reimburse expenses on a time and material basis upon prior approval from the City. Traffic control must be performed in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). 3.8 Assignment of Work This is an on-call contract and projects may be requested from various departments. Vendor will respond to a request for services within 24-hours. Vendor should keep a copy of and use Work Request Form in Appendix C to ensure accurate information for invoicing and to gain approval to proceed on a project. 4. CONTRACT TERM The contract will be for a three-year period with the option to renew the contract two additional one-year terms. The City reserves the right to cancel the contract for any reason, by written notice, as stipulated in the contract. 5. CALENDAR OF EVENTS This is a tentative schedule only and may be altered at the sole discretion of the City. The anticipated schedule of events concerning this RFP is as follows: Publish and issue RFP: 2/24/2023 Pre-Submittal Questions: 3/3/2023 Response to Questions: 3/10/2023 Submittal Due Date: 3/21/2023 Submittal Evaluated: March/April 2023 Interviews/presentations, on or about: March/April 2023 Award Recommendation: March/April 2023 6. INQUIRIES 6.1 Questions can be submitted to Tad Carlson, Senior Buyer via email to tcarlson@cityoftacoma.org. Subject line to read: CT23-0018F – Vactor Inspection and Cleaning Service – VENDOR NAME 6.2 Questions are due by 3 pm on the date included in the Calendar of Events section. 6.3 Questions marked confidential will not be answered or included. CT23-0018F Page 8 of 43 6.4 The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. 6.5 The answers are not typically considered an addendum. 6.6 The City will not be responsible for unsuccessful submittal of questions. 6.7 Written answers to questions will be posted alongside the specifications at www.tacomapurchasing.org 7. PRE-PROPOSAL MEETING No pre-proposal meeting will be held; however, questions and request for clarifications of the specifications may be submitted as stated in the inquiries section. 8. DISCLAIMER The City is not liable for any costs incurred by the Respondent for the preparation of materials or a submittal submitted in response to this RFP, for conducting any presentations to the City, or any other activities related to responding to this RFP, or to any subsequent requirements of the contract negotiation process. 9. EVALUATION CRITERIA The relative weight of each scoring criteria is indicated in the table below. Criteria Max Points Qualifications/Experience of Firm 20 Execution of Work 20 Client References 10 Pricing 20 Qualifications / Experience of Key Personnel 20 Sustainability 5 Equity in Contracting 5 Total 100 A Selection Advisory Committee (SAC) will review and evaluate submittals. After the evaluation, the SAC may conduct interviews of the most qualified Respondents before final selection. 9.1 The SAC may select one or more respondent to provide the services required. 9.2 The City reserves the right to visit sites where the CCTV example projects from Section 10.2 were performed to confirm the inspection meets the requirements of the RFP. 9.3 The SAC may use references to clarify information in the submittals and interviews, if conducted, which may affect the rating. The City reserves the right to contact references other than those included in the submittal. CT23-0018F Page 9 of 43 http://www.tacomapurchasing.org/ 9.4 A significant deficiency in any one criteria is grounds for rejection of the submittal as a whole. 10. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. Respondents are to provide complete and detailed responses to all items below. Submittals that are incomplete or conditioned in any way that contain alternatives or items not called for in this RFP, or not in conformity with law, may be rejected as being non-responsive. The City will not accept any submittal containing a substantial deviation from the requirements outlined in this RFP. Submittals should present information in a straightforward and concise manner, while ensuring complete and detailed descriptions of the respondent’s/team’s abilities to meet the requirement of this RFP. Emphasis will be on completeness of content. The written submittals should be prepared in the sequential order as outlined below. The City reserves the right to request clarification of any aspect of a firm’s submittal, or request additional information that might be required to properly evaluate the submittal. A firm’s failure to respond to such a request may result in rejection of the firm’s submittal. Firms are required to provide responses to any request clarification within two (2) business days. Requests for clarification or additional information shall be made at the sole discretion of the City. The City’s retention of this right shall no way diminish a Proposer’s responsibility to submit a submittal that is current, clear, complete and accurate. 10.1 Qualifications/Experience of Firm – 20 points Describe your company's ability to provide the service. At a minimum, provide the below information The complete name of the contractor and a brief outline of the history and experience of the firm. Respond whether the contractor will be able to begin providing services immediately. Confirm that the contractor has sufficient resources to respond to the City’s on-call needs and/or project requirements. Provide information related to past or current involvement with City of Tacoma projects and staff. Describe experience working with municipal or other public agencies on relevant projects. Include a list of at least three specific projects within the past five years in which the contractor has had a major role performing catch basin inspections and cleaning together with the location, cost, and basic description and size of the project, start and completion dates, the name of the client, a description of the firm's responsibility on the project, and the specific roles of the individuals proposed for this project. 10.2 Execution of Work – 20 points Describe how your company will carry out the described scope of work. CT23-0018F Page 10 of 43 Describe your company’s plan to dispose of material in alignment with the scope of work. Describe three projects of similar size and scope that your company has completed. 10.3 Client References – 10 points Provide three client references able to verify the firm’s overall expertise for this type of work. The references must have worked with the firm within the last three years. Provide complete information such as name of company, contact person, address, phone number, and email address. Unreachable references will result in no points being awarded for this criterion. 10.4 Pricing – 20 points The contractor shall submit with the Proposal a completed Cost Proposal Sheet found in Appendix A. For work in the City of Tacoma and the immediately surrounding areas, travel time will not be paid. The timeframe paid for work shown as hourly in Appendix A will begin when the contractor is present on site and work begins and ends when the contractor has completed the requested work, cleaned and stowed equipment and is prepared to leave the site. The City will not pay for any down time caused by the contractor’s equipment failure, lack of proper equipment, etc. and will not pay travel time to and from the site. For more remote locations please enter a mobilization rate on the Price Proposal Page. 10.5 Qualifications / Experience of Key Personnel – 20 points List key personnel that will handle the project. The personnel listed must be committed to this project for the expected term of the agreement. Include a brief bio or resume outlining the experience of the key personnel that will be involved. The proposed project personnel identified will be evaluated for their areas of expertise and experience which qualify them to perform the work for the project. Specifically identify personnel that will be the single point of contact for the below roles: A. Work Request B. Invoicing / Accounts Receivable C. Contracting Contact 10.6 Sustainability – 5 points Provide information on your company’s commitment to the environment. Include your sustainability statement and current practices. 10.7 Equity in Contracting – 5 points Is your firm, or the firm you are partnering with, certified with Washington State for any of the below categories. Confirmation of any of the below certifications will result in all points for this category. ☐ Combination Business Enterprise (CBE) CT23-0018F Page 11 of 43 ☐ Disadvantaged Business Enterprise (DBE) ☐ Minority Business Enterprise (MBE) ☐ Minority/Women Business Enterprise (MWBE) ☐ Small Business Enterprise (SBE) ☐ Socially and Economically Disadvantaged Business Enterprise (SEDBE) ☐ Women Business Enterprise (WBE) 10.8 Credit Card Acceptance – 0 points Provide a statement regarding your ability to meet the City’s credit card requirements(below) as well as identifying your reporting capabilities (Level I, II, or III). This information is not a consideration in the evaluation process. 10.9 Contract Exceptions – 0 points Do you take exceptions to any of the City of Tacoma's Standard Terms and Conditions or any other part of these specifications? If so, please identify the sections and, if applicable, provide suggested replacement language. The City reserves final say in whether or not exceptions are included in the final contract. 11. INTERVIEWS / ORAL PRESENTATIONS An invitation to interview may be extended to Respondents based on SAC review of the written submittals. The SAC reserves the right to adjust scoring based on additional information and/or clarifications provided during interviews. The SAC may determine additional scoring criteria for the interviews following evaluation of written submittals. The City reserves all rights to begin contract negotiations without conducting interviews. Respondents must be available to interview within three business days’ notice. If interviews are conducted, the SAC will schedule the interviews with the contact person provided on the Signature Page. Additional interview information will be provided at the time of invitation. At this time, it is anticipated that the main objective of the interview will be for the SAC to meet the project manager and key personnel that will have direct involvement with the project and hear about their relevant experience and expertise. The City does not intend to meet with firm officials unless they are to be directly involved with the project. Following interviews, submittals will be rescored using the same criteria as stated in the Evaluation Criteria Section. 12. RESPONSIVENESS Respondents agree their submittal is valid until a contract(s) has been executed. CT23-0018F Page 12 of 43 All submittals will be reviewed by the City to determine compliance with the requirements and instructions specified in this RFP. The Respondent is specifically notified that failure to comply with any part of this RFP may result in rejection of the submittal as non-responsive. The City reserves the right, in its sole discretion, to waive irregularities deemed immaterial. The final selection, if any, will be that submittal which, after review of submissions and potential interviews, in the sole judgement of the City, best meets the requirements set forth in this RFP. 13. ACCEPTANCE / REJECTION OF SUBMITTALS Respondents are advised that the City reserves the right to cancel award of this Contract at any time before execution of the Contract by both parties if cancellation is deemed to be in the City’s best interest. In submitting a Submittal, Respondents agree that the City is not liable for any costs or damages for the cancellation of an award. The City reserves the right and holds at its discretion the following rights and options: • To waive any or all informalities • To award one or more contracts • To not award a contract • To issue subsequent solicitation 14. CONTRACT OBLIGATION The selected Respondent(s) will be expected to execute a contract with the City. As part of the negotiation process, Respondents may propose amendments to the contract, but the City, at its sole option, will decide whether to open discussion on each proposed amendment and determine the final contract to be used. At a minimum, any contract will incorporate the terms and conditions contained herein as well as the submittal contents of the successful respondent. 15. STANDARD TERMS AND CONDITIONS / GENERAL PROVISIONS City of Tacoma Standard Terms and Conditions apply. 16. INSURANCE REQUIREMENTS Successful proposer will provide proof of and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements contained in this solicitation. See Appendix C 17. PAID LEAVE Effective February 1, 2016, the City of Tacoma requires all employers to provide Paid Leave and Minimum Wage, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit http://www.cityoftacoma.org/employmentstandards. 18. INVOICING CT23-0018F Page 13 of 43 https://cms.cityoftacoma.org/purchasing/StandardTermsandConditions.pdf http://www.cityoftacoma.org/employmentstandards 18.1 Selected vendors will be required to complete enablement and transact in Ariba, the City’s invoice submittal portal. 18.2 Departments will have their own subagreements and invoices submitted against the wrong sub-agreement will be rejected and need to be resubmitted. 18.3 All invoices must be accompanied by a PDF of the invoice as an attachment in Ariba that at a minimum includes date and address of services in addition to line-item detail of delivered services. 19. PARTNERSHIPS The City will allow firms to partner in order to respond to this RFP. Respondents may team under a Prime Respondent’s submittal in order to provide responses to all sections in a single submission; however, each Respondent’s participation must be clearly delineated by section. The Prime Respondent will be considered the responding vendor and the responsible party at contract award. All contract negotiations will be conducted only with the Prime Respondent. All contract payments will be made only to the Prime Respondent. Any agreements between the Prime Respondent and other companies will not be a part of the agreement between the City and the Prime Respondent. The City reserves the right to select more than one Prime Respondent. 20. COMMITMENT OF FIRM KEY PERSONNEL The Respondent agrees that key personnel identified in its submittal or during contract negotiations as committed to this project will, in fact, be the key personnel to perform during the life of this contract. Should key personnel become unavailable for any reason, the selected Respondent shall provide suitable replacement personnel, subject to the approval of the City. Substantial organizational or personnel changes within the agency are expected to be communicated immediately. Failure to do so could result in cancellation of the Contract. 21. AWARD After the Respondent(s) is selected by the SAC and prior to award, all other Respondents will be notified via email by the Purchasing Division. Once a finalist (or finalists) has been selected by the Selection Advisory Committee, contract negotiations with that finalist will begin, and if a contract is successfully negotiated, it will, if required, be submitted for final approval by the Public Utility Board and/or City Council. 22. ENVIRONMENTALLY PREFERABLE PROCUREMENT In accordance with the City’s Sustainable Procurement Policy, it is the policy of the City of Tacoma to encourage the use of products or services that help to minimize the environmental and human health impacts of City Operations. Respondents are encouraged to incorporate environmentally preferable products or services that have a lesser or reduced effect on human CT23-0018F Page 14 of 43 health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, products, manufacturing, packaging, distribution reuse, operation, maintenance or disposal of the product or service. The City of Tacoma encourages the use of sustainability practices and desires any awarded contractor(s) to assist in efforts to address such factors when feasible for: • Reduction of pollutant releases • Toxicity of materials used • Waste generation • Greenhouse gas emissions, including transportation of materials and services • Recycle content • Comprehensive energy conservation measures • Waste management and reduction plans • Potential impact on human health and the environment 23. PROPRIETARY OR CONFIDENTIAL INFORMATION The Washington State Public Disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. Documents submitted under this RFP shall be considered public records and, with limited exceptions, will be made available for inspection and copying by the public. Information that is confidential or proprietary must be clearly marked. Further, an index must be provided indicating the affected page number(s) and location(s) of all such identified material. Information not included in said index will not be reviewed for confidentiality or as proprietary before release. 24. ADDENDUMS In the event it becomes necessary to revise any part of this RFP, an addendum will be posted alongside specifications at www.tacomapurchasing.org. Failure to acknowledge addendum(s) on the required Signature Page may result in a submittal being deemed non-responsive by the City. 25. EQUITY IN CONTRACTING The City of Tacoma is committed to encouraging firms certified through the Washington State Office of Minority and Women’s Business Enterprise to participate in City contracting opportunities. See TMC 1.07 Equity in Contracting Policy at the City’s Equity in Contracting Program website. CT23-0018F Page 15 of 43 https://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 http://www.tacomapurchasing.org/ https://omwbe.diversitycompliance.com/ https://omwbe.diversitycompliance.com/ https://cityoftacoma.org/government/city_departments/community_and_economic_development/equity_in_contracting APPENDIX A Signature Page Price Proposal Form CT23-0018F Page 16 of 43 SIGNATURE PAGE CITY OF TACOMA CITYWIDE All submittals must be in ink or typewritten, executed by a duly authorized officer or representative of the bidding/proposing entity, and received and time stamped as directed in the Request for Proposals page near the beginning of the specification. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. REQUEST FOR PROPOSALS SPECIFICATION NO. CT23-0018F Vactor Inspection and Cleaning 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 Authorized Signatory E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 E-Mail Address for Communications Signature of Person Authorized to Enter Date into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor’s License Number (See Ch. 18.27, R.C.W.) Addendum acknowledgement #1_____ #2_____ #3_____ #4_____ #5_____ THIS PAGE MUST BE SIGNED AND RETURNED WITH SUBMITTAL. CT23-0018F Page 17 of 43 Price Proposal Sheet Specification No. CT23-0018F Vactor Inspection and Cleaning Services Item Quantity Unit of Measure Unit Price Total Annual Catch Basin Inspection 675 EA 0 Cleaning of Type 1 Catch Basin ( as needed based on inspection, includes disposal) 650 EA 0 Cleaning of Type 2 Catch Basin (as needed based on inspection, includes disposal) 25 EA 0 In Tacoma Mobilization 70 Round Trip Per Day Mobilization - Cowlitz River Project 1 Round Trip Per Day Mobilization - Cushman Hydroelectric Project 1 Round Trip Per Day Mobilization - Nisqually Project 1 Round Trip Per Day Mobilization - Green River Headworks 1 Round Trip Per Day Contractor’s Name: CT23-0018F Page 18 of 43 APPENDIX B Sample Contract CT23-0018F Page 19 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 1 of 18 SERVICES CONTRACT THIS CONTRACT, 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 (hereinafter referred to as the “CITY”), and [INSERT legal name of Supplier exactly as it appears in Ariba including any dbas or trade names], (hereinafter may be referred to as “CONTRACTOR” or “SUPPLIER”); In consideration of the mutual promises and obligations hereinafter set forth, the Parties hereto agree as follows: 1. Scope of Services The CONTRACTOR agrees to diligently and completely perform the services or deliverables consisting of this contract, RFP CT23-0018F, Vendor Submittal to RFP CT23-0018F 2. Order of Precedence To the extent there is any discrepancy or conflict between and/or amongst the terms of this Contract and RFP CT23-0018F and Vendor Submittal to RFP CT23-0018F, the controlling terms for this Contract will be interpreted in the following order of precedence, with the first listed being the most controlling, and the last listed being the least controlling: Contract, RFP CT23-0018F, Vendor Submittal to RFP CT23-0018F. 3. Changes to Scope of Work The CITY shall have the right to make changes within the general scope of services or deliverables upon execution in writing of a change order or amendment hereto. If the changes will result in additional work effort by CONTRACTOR, the CITY will agree to reasonably compensate the CONTRACTOR for such additional effort up to the maximum amount specified herein or as otherwise provided by City Code. 4. On Call Contracts If the services and deliverables performed under this Contract are performed on an on call or as assigned basis, service and deliverables will be assigned by Task Authorization or Statements of Work or other similar mechanism, each of which will contain the scope of the specific services or deliverables to be performed or provided, together with a schedule and budget, which will be in accordance with rates, charges and times for performance as set forth in this Contract. The total compensation paid under this Contract is dependent on the quantity of on call or as assigned services actually provided, subject to the not to exceed amount stated herein. Services or deliverables provided under this Contract, and the corresponding compensation, cannot augment compensation under a different contract with the CITY for the same Scope of Services as are provided under this Contract. 5. Term All services shall be satisfactorily completed on or before [INSERT CONTRACT TERMINATION DATE] and this Contract shall expire on said date unless mutually extended by a written and executed Amendment to this Contract. CT23-0018F Page 20 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 2 of 18 6. Renewals At CITY's sole option, the Term of this Contract may be renewed for additional [INSERT THE RENEWAL PERIOD - 1 YEAR, ETC] periods, not to exceed [INSERT THE MAXIMUM NUMBER OF RENEWAL PERIODS]. CITY will provide written notice of its intent to exercise any renewal options at least 30 days prior to the then existing Term and a written Amendment to this Contract will be mutually executed. 7. Delay Neither party shall be considered to be in default in the performance of this Contract to the extent such performance is prevented or delayed by any cause which is beyond the reasonable control of the affected party and, in such event, the time for performance shall be extended for a period equal to any time lost as a result thereof. In the event CONTRACTOR is unable to proceed due to a delay solely attributable to CITY, CONTRACTOR shall advise CITY of such delay in writing as soon as is practicable. 8. Compensation The CITY shall compensate the CONTRACTOR for the services and deliverables performed under this Contract as quoted in vendor response to RFP CT23-0018F. 9. Prevailing Wages A. 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. B. 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: 1. 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. 2. 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. CT23-0018F Page 21 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 3 of 18 3. 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. 10. Not to Exceed Amount The total price to be paid by CITY for CONTRACTOR’S full and complete performance of the Scope of Work hereunder shall not exceed $200,000 plus applicable taxes without a written and executed Amendment to this Contract. Said price shall be the total compensation for CONTRACTOR’S performance hereunder including, but not limited to, all work, deliverables, materials, supplies, equipment, subcontractor’s fees, and all reimbursable travel and miscellaneous or incidental expenses to be incurred by CONTRACTOR. In the event the CONTRACTOR incurs cost in excess of the sum authorized for service under this Contract, the CONTRACTOR shall pay such excess from its own funds, and the CITY shall not be required to pay any part of such excess, and the CONTRACTOR shall have no claim against the CITY on account thereof. 11. Payment CONTRACTOR shall submit monthly invoices for services completed and/or deliverables furnished during the invoice period. Upon CITY’S request, CONTRACTOR shall submit necessary and appropriate documentation, as determined by the CITY, for all invoiced services and deliverables. For transactions conducted in SAP Ariba, invoices shall be submitted directly through Ariba. For invoices paid by ACH or by check, unless stated otherwise, invoices shall be electronically submitted by email with corresponding PO number or other identifying number listed in the subject line to accountspayable@cityoftacoma.org. Payment shall be made through the CITY’S ordinary payment process, and shall be considered timely if made within 30 days of receipt of a properly completed invoice. All payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined to have been improperly invoiced. The CITY may withhold payment to the CONTRACTOR for any services or deliverables not performed as required hereunder until such time as the CONTRACTOR modifies such services or deliverables to the satisfaction of the CITY. 12. Payment Method 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 CT23-0018F Page 22 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 4 of 18 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. 13. Independent Contractor Status The services and deliverables shall be furnished by the CONTRACTOR as an independent Contractor, and nothing herein contained shall be construed to create an employer and employee relationship. The CONTRACTOR shall provide at its sole expense all materials, office space, and other necessities to perform its duties under this Contract, unless stated otherwise in this Contract. No payroll or employment taxes of any kind shall be withheld or paid by the CITY with respect to payments to CONTRACTOR. The payroll or employment taxes that are the subject of this paragraph include, but are not limited to, FICA, FUTA, federal income tax, state personal income tax, state disability insurance tax and state unemployment insurance tax. By reason of CONTRACTOR’s status as an independent Contractor hereunder, no workers' compensation insurance has been or will be obtained by the CITY on account of CONTRACTOR. CONTRACTOR may be required to provide the CITY proof of payment of these said taxes and benefits. If the CITY is assessed or deemed liable in any manner for those charges or taxes, the CONTRACTOR agrees to hold the CITY harmless from those costs, including attorney’s fees. 14. Services Warranty The CONTRACTOR warrants that all services performed pursuant to this Contract shall be generally suitable for the use to which CITY intends to use said services and deliverables as expressed in the Scope of Work. In the performance of services under this Contract, the CONTRACTOR and its employees further agree to exercise the degree of skill and care required by customarily accepted good practices and procedures followed by professionals or service providers rendering the same or similar type of service. All obligations and services of the CONTRACTOR hereunder shall be performed diligently and completely according to such professional standards. 15. Reliance on CITY Provided Data or Information CONTRACTOR is not entitled to rely on any information or data supplied by CITY and is obligated to independently verify any information or data supplied by CITY. 16. Contract Administration [INSERT NAME TITLE AND DEPARTMENT OF CONTRACT ADMINISTRATOR] for the CITY shall have primary responsibility for contract administration and approval of services to be performed by the CONTRACTOR, and shall coordinate all communications between the CONTRACTOR and the CITY. CT23-0018F Page 23 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 5 of 18 17. Specific Personnel If before, during, or after the execution of this Contract, CONTRACTOR represents to the CITY that certain personnel would or will be responsible for performing services and deliverables under this Contract, then the CONTRACTOR is obligated to ensure that said personnel perform said Contract services to the maximum extent permitted by law. This Contract provision shall only be waived by written authorization by the CITY, and on a case-by-case basis. 18. Records Related to Performance of Contract Upon CITY's request, CONTRACTOR shall make available to CITY all accounts, records and documents related to the performance of this Contract for CITY's inspection, auditing or evaluation during normal business hours as reasonably needed by CITY to assess performance, compliance and quality assurance under this Contract. Upon City’s request CONTRACTOR shall provide to CITY any and all records or documents related to the performance of this Contract that CITY deems to be public records responsive to a request made to the CITY pursuant to the Washington State Public Records Act, Chapter 42.56 Revised Code of Washington. 19. Records Retention The CONTRACTOR shall establish and maintain records in accordance with requirements prescribed by the CITY, with respect to all matters related to the performance of this Contract. Except as otherwise authorized by the CITY, the CONTRACTOR shall retain such records for a period of 6 years after receipt of the final payment under this Contract or termination of this Contract. 20. Notices Except for routine operational communications, which may be delivered personally or transmitted by electronic mail all notices required hereunder shall be in writing and shall be deemed to have been duly given if delivered personally or mailed first-class mail, postage prepaid, to the parties at the following addresses: CITY: Name: Title: Address: Telephone No.: E-mail: CONTRACTOR: Name: Title: Address: Telephone No.: E-mail: 21. Termination CT23-0018F Page 24 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 6 of 18 A. Except as otherwise provided herein, the CITY may terminate this Contract at any time, for CITY’s own reasons and without cause, by giving ten (10) business days written notice to CONTRACTOR. In the event of termination, all finished and unfinished work prepared by the CONTRACTOR pursuant to this Contract shall be provided to the CITY. 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. B. In the event CITY terminates this Contract due to the CITY’s own reasons and without cause due to the CONTRACTOR’s actions or omissions, the CITY shall pay the CONTRACTOR the amount due for actual work and services necessarily performed under this Contract up to the effective date of termination, not to exceed the total compensation set forth herein. C. In the event of material default or breach by CONTRACTOR of any of the terms or conditions of the Contract, CITY may, at its election, procure services and deliverables under this CONTRACT from other sources, and may deduct from the unpaid balance due CONTRACTOR, or collect against the bond or security (if any), or may invoice and recover from CONTRACTOR all costs paid in excess of the price(s) set forth in the Contract. D. Termination of this Contract by CITY shall not constitute a waiver of any claims or remaining rights the CITY may have against CONTRACTOR relative to performance hereunder. 22. Suspension The CITY may suspend this Contract, at its sole discretion, upon seven (7) business days’ written notice to the CONTRACTOR. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the CONTRACTOR’S reasonable expenses and shall be subject to verification. The CONTRACTOR shall resume performance of services under this Contract without delay when the suspension period ends. Suspension of this Contract by CITY shall not constitute a waiver of any claims or remaining rights the CITY may have against CONTRACTOR relative to performance hereunder. 23. Federal Funds If federal funds will be used to fund, pay or reimburse all or a portion of the services or deliverables provided under the Contract, the terms and conditions set forth at Appendix A to this Contract 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, Appendix B, “Sub-recipient Information and Requirements” must be completed and incorporated into and made part of this Contract. 24. Taxes CT23-0018F Page 25 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 7 of 18 Unless stated otherwise herein, CONTRACTOR is responsible for the payment of all charges and taxes applicable to the services performed under this Contract, and CONTRACTOR agrees to comply with all applicable laws regarding the reporting of income, maintenance of records, and all other requirements and obligations imposed pursuant to applicable law. If the CITY is assessed, made liable, or responsible in any manner for such charges or taxes, the CONTRACTOR holds CITY harmless from such costs, including attorney's fees. If CONTRACTOR fails to pay any taxes, assessments, penalties, or fees imposed by any governmental body, including by Tacoma City ordinance, and including by a court of law, CITY will deduct and withhold or pay over to the appropriate governmental body those unpaid amounts upon demand by the governmental body. Any such payments shall be deducted from the CONTRACTOR’s total compensation. 25. Licenses and Permits The CONTRACTOR, at its expense, shall obtain and keep in force any and all necessary licenses and permits. The CONTRACTOR shall obtain a business license as required by Tacoma Municipal Code Subtitle 6B.20 and shall pay business and occupation taxes as required by Tacoma Municipal Code Subtitle 6A.30. If applicable, CONTRACTOR must have a Washington state business license. 26. Indemnification CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising out of the subject matter of this Contract; provided that this provision shall not apply to the extent that damage or injury results from the sole negligence of the CITY, or its officers, agents, or employees. This indemnification shall extend to and include attorneys’ fees and the cost of establishing the right of indemnification hereunder in favor of the CITY. This indemnification shall survive the termination of this Contract. It is expressly agreed that with respect to design professional services performed by CONTRACTOR herein, CONTRACTOR's duty of indemnification, including the duty and cost to defend, against liability for damages arising out of such services or out of bodily injury to persons or damage to property shall, as provided in RCW 4.24.115 apply only to the extent of CONTRACTOR's negligence. 27. Title 51 Waiver CONTRACTOR specifically assumes potential liability for actions brought by the CONTRACTOR’S own employees against the CITY and, solely for the purpose of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the state industrial insurance law, Title 51 RCW. THE CONTRACTOR RECOGNIZES THAT THIS WAIVER WAS THE SUBJECT OF MUTUAL NEGOTIATION. 28. Insurance CT23-0018F Page 26 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 8 of 18 During the course and performance of the services herein specified, CONTRACTOR will maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements as is applicable to the services and deliverables provided under this Contract. The City of Tacoma Insurance Requirements documents are fully incorporated herein by reference. Failure by CITY to identify a deficiency in the insurance documentation provided by CONTRACTOR or failure of CITY to demand verification of coverage or compliance by CONTRACTOR with these insurance requirements shall not be construed as a waiver of CONTRACTOR’s obligation to maintain such insurance. 29. Nondiscrimination The CONTRACTOR agrees to take all steps necessary to comply with all federal, state, and City laws and policies regarding non-discrimination and equal employment opportunities. The CONTRACTOR shall not discriminate in any employment action because of race, religion, creed, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, veteran or military status, the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a disabled person. In the event of non-compliance by the CONTRACTOR with any of the non-discrimination provisions of this Contract, the CITY shall be deemed to have cause to terminate this Contract, in whole or in part. 30. Conflict of Interest No officer, employee, or agent of the CITY, nor any member of the immediate family of any such officer, employee, or agent as defined by City ordinance, shall have any personal financial interest, direct or indirect, in this Contract, either in fact or in appearance. The CONTRACTOR shall comply with all federal, state, and City conflict of interest laws, statutes, and regulations. The CONTRACTOR represents that the CONTRACTOR presently has no interest and shall not acquire any interest, direct or indirect, in the program to which this Contract pertains which would conflict in any manner or degree with the performance of the CONTRACTOR’S services and obligations hereunder. The CONTRACTOR further covenants that, in performance of this Contract, no person having any such interest shall be employed. The CONTRACTOR also agrees that its violation of the CITY’S Code of Ethics contained in Chapter 1.46 of the Tacoma Municipal Code shall constitute a breach of this Contract subjecting the Contract to termination. 31. Public Disclosure This Contract and documents provided to the CITY by CONTRACTOR hereunder are deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the CITY may be required, upon request, to disclose this Contract and documents related to it unless an exemption under the Public Records Act or other laws applies. In the event CITY receives a request for such disclosure, determines in its legal judgment that no applicable exemption to disclosure applies, and CONTRACTOR has complied with the requirements herein to mark all content considered to be confidential or proprietary, CITY agrees to provide CONTRACTOR ten (10) days written notice of impending release. Should legal action CT23-0018F Page 27 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 9 of 18 thereafter be initiated by CONTRACTOR to enjoin or otherwise prevent such release, all expense of any such litigation shall be borne by CONTRACTOR, including any damages, attorneys fees or costs awarded by reason of having opposed disclosure. CITY shall not be liable for any release where notice was provided and CONTRACTOR took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to CONTRACTOR according to the “Notices” provision herein. 32. Confidential or Proprietary Records Must be Marked If CONTRACTOR provides the CITY with records that CONTRACTOR considers confidential or proprietary, CONTRACTOR must mark all applicable pages of said record(s) as “Confidential” or “Proprietary.” If CONTRACTOR fails to so mark record(s), then (1) the CITY, upon request, may release said record(s) without the need to satisfy the notice requirements above; and (2) the CONTRACTOR expressly waives its right to allege any kind of civil action or claim against the CITY pertaining to the release of said record(s). 33. Approval for Release of Information Related to Contract If requested by CITY, CONTRACTOR shall not release any information or documentation concerning the work under this Contract or any part thereof for marketing, advertising, or other commercial activities or publication including, but not limited to, news releases or professional articles without CITY’s prior written approval. CONTRACTOR may submit at any time for review and approval a generic abstract describing the component parts of the completed Scope of Services (“Project Abstract”). After receiving written approval of the Project Abstract from the CITY, the CONTRACTOR may make minor insignificant changes to the Project Abstract and use all or parts of the Project Abstract in proposals. This Section shall survive for six (6) years after the termination or expiration of this Contract. 34. Dispute Resolution In the event of a dispute pertaining to this Contract, the parties agree to attempt to negotiate in good faith an acceptable resolution. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before pursuing other remedies. This provision does not limit the CITY’S right to terminate authorized by this Contract. 35. Miscellaneous Provisions Governing Law and Venue Washington law shall govern the interpretation of this Contract. Pierce County shall be the venue of any mediation, arbitration, or litigation arising out of this Contract. Assignment CT23-0018F Page 28 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 10 of 18 The CONTRACTOR shall not assign, subcontract, delegate, or transfer any obligation, interest or claim to or under this Contract or for any of the compensation due hereunder without the prior written consent of the CITY. No Third Party Beneficiaries This Contract shall be for the sole benefit of the parties hereto, and nothing contained herein shall create a contractual relationship with, or create a cause of action in favor of, a third party against either party hereto. Waiver A waiver or failure by either party to enforce any provision of this Contract shall not be construed as a continuing waiver of such provisions, nor shall the same constitute a waiver of any other provision of this Contract. Severability and Survival If any term, condition or provision of this Contract is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Contract, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Contract, shall survive termination of this Contract. Entire Agreement This Contract and the attached Exhibits and Appendices, as modified herein, contain the entire agreement between the parties as to the services to be rendered hereunder. All previous and contemporaneous agreements, representations or promises and conditions relating to the subject matter of this Contract are superseded hereby. The Parties hereto mutually acknowledge, understand and agree that the terms and conditions set forth herein shall control and prevail over any conflicting terms and conditions stated in any attachments hereto. Modification No modification or amendment of this Contract shall be effective unless set forth in a written and executed Amendment to this Contract. CT23-0018F Page 29 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 11 of 18 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. The undersigned Contractor representative, by signature below, represents and warrants they are duly authorized to execute this legally binding Contract for and on behalf of Contractor and further represents and warrants that Contractor is not suspended, debarred, or otherwise disqualified under federal, state, or local law from participating in this Contract. 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: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ CT23-0018F Page 30 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 12 of 18 APPENDIX A FEDERAL FUNDING 1. 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. 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. 2. 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 CT23-0018F Page 31 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 13 of 18 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. G. 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 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. 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. 3. 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 CT23-0018F Page 32 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 14 of 18 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 contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (3)(B) of this section. D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (3)(A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (3)(A) through (D) of this section. 4. 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. 5. FEDERAL WATER POLLUTION CONTROL ACT A. CONTRACTOR agrees to comply with all applicable standards, orders, or CT23-0018F Page 33 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 15 of 18 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. 6. 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 and2 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. 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. 7. 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 certification required by Appendix A to 44 CFR Part 18 contained at Appendix A-1 to this Contract is incorporated into this Contract. CT23-0018F Page 34 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 16 of 18 8. 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: 1. Competitively within a timeframe providing forcompliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. 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. CT23-0018F Page 35 of 43 https://www.epa.gov/smm/comprehensive-%20procurement-guideline-cpg-program Services Agreement CW####### Template Revised: 2/2/2023 Page 17 of 18 APPENDIX A-1 APPENDIX A to 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements Supplier 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. Supplier, by Contract signature, 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. CT23-0018F Page 36 of 43 Services Agreement CW####### Template Revised: 2/2/2023 Page 18 of 18 APPENDIX B—Sub-recipient information and requirements Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification (i) Agency Name (must match the name associated with its unique entity identifier) (ii) Unique Entity Identifier (i.e., DUNS) City of Tacoma Number for This Agreement (iii) Federal Award Identification Number (FAIN) (iv) Federal Award Date (v) Federal Period of Performance Start and End Date (vi) Federal Budget Period Start and End Date (vii) Amount of Federal Funds Obligated to the agency by this action: $ (viii) Total Amount of Federal Funds Obligated to the agency (ix) Total Amount of the Federal Award Committed to the agency $ (x) Federal Award Project Description: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS– City of Tacoma (xi) Federal Awarding Agen cy: DEPARTMENT OF THE TREASURY Pass-Through Entity: City of Tacoma Awarding Official Name and Contact Information: (xii) Assistance Listing Number and Name (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listing number at time of disbursement) (xiii) Identification of Whether the Award is R&D (xiv) Indirect Cost Rate for the Federal Award Award Payment Method (lump sum payment or reimbursement) REIMBURSEMENT CT23-0018F Page 37 of 43 APPENDIX C City of Tacoma Insurance Requirements Work Request Form CT23-0018F Page 38 of 43 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CT23-0018F Template Revised 12/5/2022 Page 1 of 4 This Insurance Requirements shall serve as an attachment and/or exhibit form to the Contract. The Agency entering a Contract with City of Tacoma, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise referred to as “Contractor”. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements: 1.1. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the City of Tacoma. 1.2. Contractor shall keep in force during the entire term of the Contract, at no expense to the City of Tacoma, the insurance coverage and limits of liability listed below and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.3. Liability insurance policies, except for Professional Liability and Workers’ Compensation, shall: 1.3.1. Name the City of Tacoma and its officers, elected officials, employees, and agents as additional insured 1.3.2. Be considered primary and non-contributory for all claims with any insurance or self- insurance or limits of liability maintained by the City of Tacoma 1.3.3. Contain a “Waiver of Subrogation” clause in favor of City of Tacoma 1.3.4. Include a “Separation of Insureds” clause that applies coverage separately to each insured and additional insured 1.3.5. Name the “City of Tacoma” on certificates of insurance and endorsements and not a specific person or department 1.3.6. Be for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 37 04 13 or the equivalent 1.3.7. Be satisfied by a single primary limit or by a combination of a primary policy and a separate excess umbrella 1.4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements below. Verification of coverage shall include: 1.4.1. An ACORD certificate or equivalent 1.4.2. Copies of requested endorsements 1.5. Contractor shall provide to City of Tacoma Procurement & Payable Division, prior to the execution of the Contract, Certificate(s) of Insurance and endorsements from the insurer certifying the coverage of all insurance required herein. Contract or Permit number and the City Department must be shown on the Certificate of Insurance. 1.6. A renewal Certificate of Insurance shall be provided electronically prior to coverage CT23-0018F Page 39 of 43 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CT23-0018F Template Revised 12/5/2022 Page 2 of 4 expiration via email sent annually to coi@cityoftacoma.org. 1.7. Contractor shall send a notice of cancellation or non-renewal of this required insurance within Thirty (30) calendar days to coi@cityoftacoma.org. 1.8. “Claims-Made” coverages, except for pollution coverage, shall be maintained for a minimum of three years following the expiration or earlier termination of the Contract. Pollution coverage shall be maintained for six years following the expiration of the Contract. The retroactive date shall be prior to or coincident with the effective date of the Contract. 1.9. Each insurance policy must be written by companies licensed or authorized (or issued as surplus line by Washington surplus line broker) in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best key rating guide. 1.10. Contractor shall not allow any insurance to be cancelled, voided, suspended, or reduced in coverage/limits, or lapse during any term of this Contract. Otherwise, it shall constitute a material breach of the Contract. 1.11. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.12. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services changes. 1.13. All costs for insurance are included in the initial Contract and no additional payment will be made by City of Tacoma to Contractor. 1.14. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.15. Failure by City of Tacoma to identify a deficiency in the insurance documentation or to verify coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.16. If Contractor is a government agency or self-insured for any of the above insurance requirements, Contractor shall be liable for any self-insured retention or deductible portion of any claim for which insurance is required. A certification of self-insurance shall be attached and incorporated by reference and shall constitute compliance with this Section. 2. SUBCONTRACTORS CT23-0018F Page 40 of 43 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CT23-0018F Template Revised 12/5/2022 Page 3 of 4 It is Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage that applies to the service provided. Contractor shall provide evidence of such insurance upon City of Tacoma’s request. Failure of any subcontractor to comply with insurance requirements does not limit Contractor’s liability or responsibility. 3. REQUIRED INSURANCE AND LIMITS The insurance policies shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve Contractor from liability in excess of such limits. 3.1 Commercial General Liability Insurance Contractor shall maintain Commercial General Liability Insurance policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. This policy shall be written on ISO form CG 00 01 04 13 or its equivalent and shall include product liability especially when a Contract is solely for purchasing supplies. It includes Products and Completed Operations for three years following the completion of work related to performing construction services. It shall be endorsed to include: A per project aggregate policy limit (using ISO form CG 25 03 05 09 or equivalent endorsement) and/or Contractual Liability- Railroad using ISO form CG 24 17 10 01 or equivalent if Contractor is performing work within Fifty (50) feet of a City of Tacoma railroad right of way. 3.2 Commercial (Business) Automobile Liability Insurance Contractor shall maintain Commercial Automobile Liability policy with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage and bodily injury and property damage coverage for owned (if any), non-owned, hired, or leased vehicles. Commercial Automobile Liability Insurance shall be written using ISO form CA 00 01 or equivalent. Contractor must also maintain MCS 90 and CA 99 48 endorsements or equivalent if “Pollutants” are to be transported unless in-transit Pollution coverage is covered under required Contractor’s Pollution Liability Insurance. 3.3 Workers' Compensation Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 3.4 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 3.5 Pollution Liability Insurance Contractor shall maintain Pollution Liability or Environmental Liability Insurance with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) in the aggregate. Coverage shall include investigation and defense costs for bodily injury and property damage, loss of use of damaged or destroyed property, Natural Resource Damage, and Hazardous Substance Removal. Such coverage shall provide both on-site and off-site cleanup costs, cover gradual and sudden pollution, and include in its scope of coverage the City of Tacoma damage claims for loss arising out of Contractor’s work. CT23-0018F Page 41 of 43 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CT23-0018F Template Revised 12/5/2022 Page 4 of 4 3.6 Railroad Protective Liability Insurance Contractor shall maintain Railroad Protective Liability coverage with limits of Two Million Dollars ($2,000,000) per occurrence and Six Million Dollars ($6,000,000) in the aggregate during the term of the Contract if Contractor’s work will involve working on, above, under or being within Fifty (50) feet of City of Tacoma railroad right of ways. The policy must be issued on a standard ISO form CG 00 35 (04-13), or equivalent, with City of Tacoma as a named insured (not named as an additional insured) and shall include Limited Seepage, Pollution Endorsement and Evacuation Expense Coverage Endorsements. 3.7 Other Insurance Other insurance may be deemed appropriate to cover risks and exposures related to the scope of work or changes to the scope of work required by City of Tacoma. The costs of such necessary and appropriate Insurance coverage shall be borne by Contractor. CT23-0018F Page 42 of 43 City of Tacoma WORK REQUEST FORM City Contact: Name: Department: Email: Phone: Contract to invoice at project completion: Scope of Work: Site Address Description of Work (include the number of catch basins to be inspected and cleaned at each site) Vendor Quote: Anticipated Final Start Date: Total Cost Completion Date Project Approval/Notice to Proceed X Project Manager CT23-0018F Page 43 of 43