Security System Design/Installation

Request for Proposal Specification No. CM22-0266F MEDIA & COMMUNICATIONS DEPT – TV TACOMA REQUEST FOR PROPOSAL SECURITY SYSTEM DESIGN/INSTALLATION SPECIFICATION NO. CM22-0266F Request for Proposal Specification No. CM22-0266F LETTERS AND CALLS All information requested prior to the bid opening is subject to the limitations in Paragraph 1.02 of the General Provisions. Address all letters to the City of Tacoma, 747 Market Street, Tacoma, WA 98402. For questions regarding General Provisions, Special or Technical Provisions, direct attention to Erica Pierce, Senior Buyer, epierce@cityoftacoma.org. For letters and calls regarding the EIC Program, direct attention to the EIC Program Coordinator at 253-591-5224 for calls, and to EIC/Community & Economic Development, Tacoma Municipal Building, 747 Market Street, Tacoma, WA 98402, for letters. For letters and call regarding the LEAP Program, direct attention to the LEAP Coordinator

at 253-594-7933 for calls, and to LEAP/Community & Economic Development, Tacoma Municipal Building, 747 Market Street, Tacoma, WA 98402, for letters. All letters shall indicate the title and specification number (prior to award) or title and contract number (following award). mailto:epierce@cityoftacoma.org Revised: 07/29/2020 Page 1 of 4 CITY OF TACOMA FINANCE/PURCHASING DIVISION SPECIAL NOTICE TO BIDDERS Public works and improvement projects for the City of Tacoma are subject to Washington state law and Tacoma Municipal Code, including, but not limited to the following: I. STATE OF WASHINGTON A. RESPONSIBILITY CRITERIA – STATE OF WASHINGTON In order to be considered a responsible bidder the bidder must meet the following mandatory state responsibility criteria contained in RCW 39.04.350: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW and; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). 5. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW and must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. B. RECIPROCAL PREFERENCE FOR RESIDENT CONTRACTORS: Effective March 30, 2012, RCW 39.04.380 imposes a reciprocal preference for resident contractors. Any bid received from a non-resident contractor from a state that provides an in- state percentage bidding preference is subject application of a comparable percentage disadvantage. A non-resident contractor from a state that provides an in-state percentage bidding preference means a contractor that: 1. Is from a state that provides a percentage bid preference to its resident contractors bidding on public works projects, and 2. Does not have a physical office located in Washington at the time of bidding on the City of Tacoma public works project. The state of residence for a non-resident contractor is the state in which the contractor was incorporated, or if not a corporation, the state in which the contractor’s business entity was formed. Revised: 07/29/2020 Page 2 of 4 The City of Tacoma will evaluate all non-resident contractors for an out of state bidder preference. If the state of the non-resident contractor provides an in state contractor preference, a comparable percentage disadvantage will be applied to the non-resident contractor’s bid prior to contract award. The responsive and lowest and best responsible bidder after application of any non-resident disadvantage will be awarded the contract. The reciprocal preference evaluation does not apply to public works procured pursuant to RCW 39.04.155, RCW 39.04.280, federally funded competitive solicitations where such agencies prohibit the application of bid preferences, or any other procurement exempt from competitive bidding. Bidders must provide the City of Tacoma with their state of incorporation or the state in which the business entity was formed and include whether the bidder has a physical office located in Washington. The bidder shall submit documentation demonstrating compliance with above criteria on the enclosed State Responsibility and Reciprocal Bidder Information form. C. SUBCONTRACTOR RESPONSIBILITY 1. The Contractor shall include the language of this subcontractor responsibility section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; c. If applicable, have: a. Have Industrial Insurance (workers' compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW and; 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 (unlicensed or unregistered contractors) or 39.12.065(3) (prevailing wage). Revised: 07/29/2020 Page 3 of 4 II. CITY OF TACOMA A. SUPPLEMENTAL RESPONSIBILITY CRITERIA – CITY OF TACOMA: In order to be considered a responsible bidder, the prospective bidder shall have all of the following qualifications set forth in Tacoma Municipal Code 1.06.262: 1. Adequate financial resources or the ability to secure such resources; 2. The necessary experience, stability, organization and technical qualifications to perform the proposed contract; 3. The ability to comply with the required performance schedule, taking into consideration all existing business commitments; 4. A satisfactory record of performance, integrity, judgment and skills; and 5. Be otherwise qualified and eligible to receive an award under applicable laws and regulations. a. Bidder Responsibility. Bidders shall not be in violation of 39.04.350 RCW Bidder Responsibility Criteria - Supplemental Criteria. In addition to the mandatory bidder responsibility criteria listed immediately above, the City may, in addition to price, consider any or all of the following criteria contained in Tacoma Municipal Code Chapter 1.06.262 in determining bidder responsibility: 1. The ability, capacity, experience, stability, technical qualifications and skill of the respondent to perform the contract; 2. Whether the respondent can perform the contract within the time specified, without delay or interference; 3. Integrity, reputation, character, judgment, experience, and efficiency of the respondents, including past compliance with the City’s Ethics Code; 4. Quality of performance of previous contracts; 5. Previous and existing compliance with laws and ordinances relating to contracts or services; 6. Sufficiency of the respondent’s financial resources; 7. Quality, availability, and adaptability of the supplies, purchased services or public works to the particular use required; 8. Ability of the respondent to provide future maintenance and service on a timely basis; 9. Payment terms and prompt pay discounts; 10. The number and scope of conditions attached to the submittal; 11. Compliance with all applicable City requirements, including but not limited to the City's Ethics Code and its Equity in Contracting and Local Employment and Apprenticeship Training programs; 12. Other qualification criteria set forth in the specification or advertisement that the appropriate department or division head determines to be in the best interests of the City. The City may require bidders to furnish information, sworn or certified to be true, to demonstrate compliance with the City responsibility criteria set forth above. If the city manager or director of utilities is not satisfied with the sufficiency of the information provided, or if the prospective respondent does not substantially meet all responsibility requirements, any submittal from such respondent must be disregarded. Revised: 07/29/2020 Page 4 of 4 B. ADDITIONAL SUPPLEMENTAL CRITERIA – NOT APPLICABLE C. MODIFICATIONS TO SUPPLEMENTAL CRITERIA Potential bidders may request modifications to the City’s supplemental criteria by submitting a written request to the Purchasing Division via email to bids@cityoftacoma.org no later than 5:00 p.m. Pacific Time, three days prior to the submittal deadline. Please include the Specification No. and Title when submitting such requests. Requests must include justification for why certain criteria should be modified. Requests received after this date and time will not be considered. The City will respond to a timely submitted request prior to the bid opening date. Changes to the supplemental criteria, if warranted, will be issued by addendum to the solicitation documents and posted to the City’s website for the attention of all prospective bidders. D. DETERMINATION OF BIDDER RESPONSIBILITY If the City determines the bidder does not meet the criteria above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees, the bidder may appeal the determination in a manner consistent with the City’s Protest Policy. Appeals are coordinated by the Purchasing Division heard by the Procurement and Payables Division manager for contracts less than or equal to $500,000 and by Contracts and Awards Board for contracts greater than $500,000. mailto:bids@cityoftacoma.org Form No. SPEC-040C Revised: 05/25/2021 City of Tacoma Media & Communications/TV Tacoma REQUEST FOR PROPOSALS CM22-0266F Security System Design & Installation Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, September 20th, 2022 Submittals must be received by the City’s Procurement and Payables Division prior to 11:00 a.m. Pacific Time. For electronic submittals, the City of Tacoma will designate the time of receipt recorded by our email, bids@cityoftacoma.org, as the official time of receipt. This clock will be used as the official time of receipt of all parts of electronic bid submittals. Submittal Delivery: Sealed submittals will be received as follows: By Email: bids@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. In Person: If possible, please include a flash drive of your full submittal. City of Tacoma Procurement & Payables Division Tacoma Public Utilities Administration Building North Guard House (east side of main building) 3628 S 35th Street Tacoma, WA 98409 Bid Opening: Held virtually each Tuesday at 11AM. Attend via this link or call 1 (253) 215 8782. Submittals in response to a RFP 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 be held on August 19th, 2022 at 10 am, in the MSC Conference Room (main floor) 1224 Martin Luther King Jr Way, Tacoma WA 98405 Project Scope: The City of Tacoma Media and Communications Office – TV Tacoma seeks vendor(s) for the design, installation, and integration of a full security system for their Municipal Services Center building at 1224 Martin Luther King Jr Way in Tacoma, WA 98405. The facility is 6,857 square feet. Proposals to include: Design/installation of interior and exterior security cameras; in building keypad alarm system; and intercom systems. Please see Technical Specification area for more detailed information. Estimate: $60,000 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. mailto:bids@cityoftacoma.org mailto:bids@cityoftacoma.org https://us02web.zoom.us/j/83250498294 https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=22848 http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx http://www.ci.tacoma.wa.us/45bidsapps/PlanholderList.aspx https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 mailto:ghimes@cityoftacoma.org Form No. SPEC-040C Revised: 05/25/2021 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 Erica Pierce, Senior Buyer by email to epierce@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. http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ Request for Proposal Specification No. CM22-0266F Table of Contents SUBMITTAL CHECK LIST ........................................................................................................10 1. BACKGROUND .................................................................................................................11 2. MINIMUM REQUIREMENTS .............................................................................................11 3. CONTRACT TERM ............................................................................................................11 4. CALENDAR OF EVENTS ..................................................................................................11 5. INQUIRIES ........................................................................................................................12 6. PRE-PROPOSAL MEETING..............................................................................................12 7. DISCLAIMER .....................................................................................................................12 8. EVALUATION CRITERIA ...................................................................................................13 9. INTERVIEWS / ORAL PRESENTATIONS .........................................................................13 10. RESPONSIVENESS ......................................................................................................14 11. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. ......................................................................................................................................14 12. ACCEPTANCE / REJECTION OF SUBMITTALS ...........................................................16 13. ACCEPTANCE OF SUBMITTAL CONTENTS ................................................................16 14. CONTRACT OBLIGATION .............................................................................................16 15. GENERAL PROVISIONS ...............................................................................................16 16. INSURANCE REQUIREMENTS .....................................................................................17 17. PREVAILING WAGE INFORMATION ............................................................................17 18. PAID LEAVE ..................................................................................................................18 19. PAYMENT AND PERFORMANCE BOND ......................................................................18 20. PARTNERSHIPS ...........................................................................................................18 21. COMMITMENT OF FIRM KEY PERSONNEL ................................................................19 22. AWARD ..........................................................................................................................19 23. ENVIRONMENTALLY PREFERABLE PROCUREMENT ...............................................19 24. EQUITY IN CONTRACTING (EIC) – TMC 1.07.040 .......................................................20 25. LOCAL EMPLOYMENT AND APPRENTICESHIP PROGRAM (LEAP) – TMC 1.09 .......20 26. PROPRIETARY OR CONFIDENTIAL INFORMATION ...................................................20 27. ADDENDUMS ................................................................................................................20 28. TECHNICAL PROVISIONS ............................................................................................21 Request for Proposal Specification No. CM22-0266F 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 submittals package in PDF format emailed to bids@cityoftacoma.org Signature Page (Appendix A) Price Proposal Form (Appendix A) State Responsibility and Reciprocal Bid Preference Information (Appendix A) Certification of Compliance with Wage Payment Statues (Appendix A) Content to be Submitted in Section 11 (11.1 – 11.10) References (Listed in 11.4, Form in Appendix A) After award, the following documents will be executed: Services Contract Certificate of Insurance and related endorsements Payment and/or Performance Bond Request for Proposal Specification No. CM22-0266F 1. BACKGROUND The City of Tacoma Media and Communications Office – TV Tacoma seeks vendor(s) for the design, installation, and integration of a full security system for their Municipal Services Center building at 1224 Martin Luther King Jr Way in Tacoma, WA 98405. Proposals to include: Design/installation of interior (4) and exterior (7) security cameras; in building key pad alarm system; and intercom systems. Please see Technical Specification area for more detailed information. 2. MINIMUM REQUIREMENTS Vendors must be experienced and licensed to provide and install these type of services in the State of Washington. Must provide verifiable references that support their successful design and installation of these types of services on buildings of similar size or larger. 3. CONTRACT TERM The contract will be for a 12 month period. The City reserves the right to cancel the contract for any reason, by written notice, as stipulated in the contract. 4. 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: 8/15/2022 Pre-Proposal Site meeting: 8/19/2022 Pre-Submittal Questions: 8/24/2022 Response to Questions: 8/26/2022 Submittal Due Date: 9/20/2022 Submittal Evaluated: 9/23/2022 Interviews/presentations, on or about (if needed): 9/30/2022 Award Recommendation, on or about: 10/15/2022 Request for Proposal Specification No. CM22-0266F 5. INQUIRIES 5.1 Questions should be submitted by 8am on Wednesday, August 24th to Erica Pierce via email to EPierce@cityoftacoma.org . Subject line to read: CM22-0266F – SECURITY SYSTEM DESIGN/INSTALLATION - VENDOR NAME 5.2 Questions marked confidential will not be answered or included. 5.3 The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. 5.4 The answers are not typically considered an addendum. 5.5 The City will not be responsible for unsuccessful submittal of questions. 5.6 Written answers to questions will be posted in the event approximately one week after the question deadline. 6. PRE-PROPOSAL MEETING 6.1 A pre-proposal meeting will be held on August 19, 2022 at 10 am, in the MSC Conference Room (main floor) 1224 Martin Luther King Jr Way, Tacoma WA 98405. 7. 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. mailto:EPierce@cityoftacoma.org Request for Proposal Specification No. CM22-0266F 8. EVALUATION CRITERIA 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. The relative weight of each scoring criteria is indicated in the table below. Criteria Max Points Qualifications/Experience of Firm 20 Examples of Projects 15 Reporting Capabilities 0 Client References 10 Fees and Charges / Method of Billing / Hourly Rates 20 Qualifications / Experience of Key Personnel 25 Sustainability 5 Equity in Contracting 5 Credit Card Acceptance 0 Contract Exceptions 0 Total 100 8.1 The SAC may select one or more respondent to provide the services required. 8.2 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. 8.3 A significant deficiency in any one criteria is grounds for rejection of the submittal as a whole. 9. 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 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 in the SOQs. 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 in Section 11 below. Request for Proposal Specification No. CM22-0266F 10. RESPONSIVENESS Respondents agree their submittal is valid until a contract(s) has been executed. 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. 11. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. Proposals should formatted as 8 1⁄2” x 11”. A “page” is defined as one single-side of a document that has written text or graphics. The font should be Times New Roman or Arial with font size no smaller than 11 and the margins shall be 0.75” or greater. Submittals should be limited to a maximum of 10 pages, double-sided, or 20 pages total, excluding any required forms or resumes. All pages that exceed the specified page limit will not be part of the evaluation. A full and complete response to each of the “CONTENT TO BE SUBMITTED” items is expected in a single location; do not cross reference to another section in your submittal. Information that is confidential must be clearly marked and provide an index identifying the affected page number(s) and locations(s) of such identified materials. See Section 1 of the Standard Terms and Conditions – Solicitation 1.06 for Public Disclosure : Proprietary or Confidential Information. 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. Request for Proposal Specification No. CM22-0266F 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. 11.1 Qualifications/Experience of Firm – 20 points 1. Describe your company's ability to provide the service. 11.2 Examples of Projects – 15 points On a separate sheet of paper, describe three projects similar in scope and complexity to this project's scope of work. Minimum of three (3) projects are REQUIRED, any additional are optional but preferred. 11.3 Reporting Capabilities – 0 points 1. Describe reporting capabilities. 11.4 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 year. Provide complete information such as name of company, contact person, address, phone number, and email address. Minimum of three (3) references are REQUIRED, please use form labeled References in Appendix A 11.5 Fees and Charges / Method of Billing / Hourly Rates – 20 points Please use Price Proposal Form in Appendix A. 11.6 Qualifications / Experience of Key Personnel – 25 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. 11.7 Sustainability – 5 points Provide information on your company’s commitment to the environment. Include your sustainability statement and current practices. 11.8 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 (select all that apply)? Selecting any item below will award all points for this category. ☐ Combination Business Enterprise (CBE) ☐ Disadvantaged Business Enterprise (DBE) ☐ Minority Business Enterprise (MBE) Request for Proposal Specification No. CM22-0266F ☐ Minority/Women Business Enterprise (MWBE) ☐ Small Business Enterprise (SBE) ☐ Socially and Economically Disadvantaged Business Enterprise (SEDBE) ☐ Women Business Enterprise (WBE) 11.9 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. 11.10 Contract Exceptions – 0 points Do you take exceptions to any of the City of Tacoma's General Provisions? 12. 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 13. ACCEPTANCE OF SUBMITTAL CONTENTS The Submittal contents of the successful Respondent will become contractual obligations if a contract ensues. 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. 15. GENERAL PROVISIONS City of Tacoma General Provisions apply. See Appendix C. Request for Proposal Specification No. CM22-0266F 16. INSURANCE REQUIREMENTS Successful proposer will provide proof and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements document applicable to the services, products, and deliverables provided under the RFP. The City of Tacoma Insurance Requirements document is fully incorporated into the RFP by reference in Appendix C. 17. PREVAILING WAGE INFORMATION If this project requires prevailing wages under chapter 39.12 RCW, any worker, laborer, or mechanic employed in the performance of any part of the work shall be paid not less than the applicable prevailing rate of wage. The project site is located in Pierce County. The effective date for prevailing wages on this project will be the submittal deadline with these exceptions: 1. If the project is not awarded within six months of the submittal deadline, the award date is the effective date. 2. If the project is not awarded pursuant to a competitive solicitation, the date the contract is executed is the effective date. 3. Janitorial contracts follow WAC 296-127-023. Except for janitorial contracts, these rates shall apply for the duration of the contract unless otherwise noted in the solicitation. Look up prevailing rates of pay, benefits, and overtime codes from this link: http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of the applicable prevailing wage rates and Benefit Code Key are also available for viewing at the City of Tacoma Purchasing Division office, located at 3628 S 35th Street, Tacoma, WA. Contractor shall comply with Washington law regarding prevailing wages. Contractor shall pay and require any contractors and subcontractors to pay prevailing wages in accordance with the provisions of 39.12 RCW, as amended, relating to prevailing wages and fringe benefits. These rules apply to any contractor doing business with the City, including owner/operators. Work conducted within Tacoma city limits. State of Washington prevailing wages or City of Tacoma minimum wage rates, whichever are higher, must be paid. If City of Tacoma minimum wage rates are higher than state of Washington prevailing wage rates, City of Tacoma rates must be paid. A Statement of Intent to Pay Prevailing Wages must be filed with the Washington Department of Labor & Industries upon award of contract. Affidavits of Wages Paid must be filed with the http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Request for Proposal Specification No. CM22-0266F Washington Department of Labor & Industries upon job completion. Payments will not made by the City until certification of these filing are received. Additional information regarding these requirements can be obtained by contacting the Department of Labor & Industries, Prevailing Wage at 360-902-5335 or visiting their website at http://www.lni.wa.gov/TradesLicensing/PrevailingWage/default.asp. 18. 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. 19. PAYMENT AND PERFORMANCE BOND A payment and performance bond, including power of attorney, for this project is required in the amount of 100 percent of the Contract total. 1. The City’s payment and performance bond forms must be used. 2. The payment and performance bonds must be executed by a surety company licensed to do business in the state of Washington. 3. The cost of a payment and performance bonds must be included in submittal prices. Bonds will not be paid as a separate line item. 4. For a supply-type contract, a certified cashier’s check or cash may be substituted for the bonds; however, this cash or check must remain with the City through the guarantee period and any interest on said amount shall accrue to the City. Said payment and performance bonds shall be for the purpose of ensuring the Contractor’s full and faithful performance of its obligations under this Contract during each annual phase and payment of all labor, material suppliers, labor benefits, and related taxes. Extensions may be considered upon mutual agreement of both parties. In the event that the Contract is extended, the Contractor will be required to execute a Contract amendment and shall furnish a payment and performance bonds securing 25 percent of the value assigned to each year extended. 20. 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 http://www.lni.wa.gov/TradesLicensing/PrevailingWage/default.asp http://www.cityoftacoma.org/employmentstandards Request for Proposal Specification No. CM22-0266F and the Prime Respondent. The City reserves the right to select more than one Prime Respondent. 21. 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. Specific language pertaining to personnel substitution is contained within the sample contract in Appendix A. 22. 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. 23. 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 health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, products, manufacturing, packaging, distribution reuse, operation, maintenance or disposal of the product or service. The City of Tacoma encourages the use of sustainability practices and desires any awarded contractor(s) to assist in efforts to address such factors when feasible for: • Reduction of pollutant releases • Toxicity of materials used • Waste generation • Greenhouse gas emissions, including transportation of materials and services • Recycle content • Comprehensive energy conservation measures • Waste manage reduction plans • Potential impact on human health and the environment Request for Proposal Specification No. CM22-0266F 24. EQUITY IN CONTRACTING (EIC) – TMC 1.07.040 There are no Equity in Contracting requirements on this project. However, the City of Tacoma is committed to equality in contracting for under-utilized minority and women-owned businesses and we encourage you to locate these firms by visiting the Office of Minority and Women Business Enterprise - Washington State Office of Minority & Women's Business Enterprises Certification Management System (diversitycompliance.com) 25. LOCAL EMPLOYMENT AND APPRENTICESHIP PROGRAM (LEAP) – TMC 1.09 There is no LEAP requirement on this solicitation. However, the City of Tacoma is committed to equality in employment for WA-State approved Apprentices, City of Tacoma residents, resident of local economically distresses areas, youth, veterans, minorities, and women. Please contact the LEAP Office for assistance in locating employees. 26. 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. 27. ADDENDUMS In the event it becomes necessary to revise any part of this RFP, an addendum will be issued. Failure to acknowledge addendum(s) on the required Signature Page may result in a submittal being deemed non-responsive by the City. https://omwbe.diversitycompliance.com/ https://omwbe.diversitycompliance.com/ mailto:leap@cityoftacoma.org https://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 Request for Proposal Specification No. CM22-0266F 28. TECHNICAL PROVISIONS A. SCOPE OF WORK AND DELIVERABLES Propose, design, and install a comprehensive security system that includes: 1. Internal (4) and External (7) Weather Resistant Fixed Security Cameras (5MP Super HD or better quality) (10+) at designated locations, covering all sides of the building/parking/roof areas/generator enclosure/Alley withinternal cameras at designated location covering key entry points/garage all with recording for up to 60 days. These will be secure devices not able to be seen by the outside world and will require review and approval by the City of Tacoma IT department (as may need to be integrated to the COT corporate network). Prefer hard wired solutions but will review wireless solutions submitted. 2. Replace touch pad alarm system and wiring within the building that contacts staff upon alarm activation; Staff will have 60 or 120 seconds (or agreed upon length of time) to enter the code when entering the building to turn off the alarm system, and the same amount of time to leave the building when entering the code to set the alarm when leaving the building. Broken glass sensors will be needed in front office area, rear door area, and upstairs office area. 3. Evaluate and Replace the current push button intercom/camera systems at front and back door (or match the back door to the front door system) with a system that allows MSC Staff to see (on desktop City HP Workstations which will require review and approval by the City of Tacoma IT department as these cameras will ride on the COT corporate network) who is at the front and back door and talk to them through our City of Tacoma desktop phone system and microphone/speaker at each door before deciding whether to let them into the building or not with push button access to open the door on our COT Desktop Telephone. The City of Tacoma reserves the right to choose one, two, all three, or none of the proposed systems from the vendors who submit propsals, so they should be listed as three distinct line items on the proposal. Accepted Vendor(s) will work with the City of Tacoma Media & Communications Office, Information Technology, and Facilities staff to design the systems and each of the 3 systems will be agreed upon and approved before accepted, purchased, and installed. Vendors will be allowed to subcontract the wiring needs for all security devices with INSI or another approved wiring vendor. All intercom cameras (and potentially all video cameras) will need to be integrated into the corporate network so City of Tacoma IT Department will need to be involved to insure proper protocols and security policies are followed. Work must be approved by the City prior to work commencing. Installation and integration of all duties as part of this contract will be completed by one year from the award of contract (September 15, 2023). Request for Proposal Specification No. CM22-0266F Photos of current system components below: Front Door Intercom System In Building Security Touch Pad Request for Proposal Specification No. CM22-0266F Rear Door Intercom Request for Proposal Specification No. CM22-0266F APPENDIX A REQUIRED FORMS Signature Page Price Proposal Form State Responsibility and Reciprocal Bid Preference Information Certification of Compliance with Wage Payment Statues References Form No. SPEC-080A Revised: 06/01/2021 SIGNATURE PAGE CITY OF TACOMA MEDIA AND COMMUNICATIONS – TV TACOMA 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. CM22-0266F Security System Design and Installation 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. Vendor Name:_______________________________ **PRICE PROPOSAL FORM** CM22-0266F – Security System Design/Installation Item Equipment Design/Installation Extended Total Internal & External Security Camera System $_______________ $_______________ $_______________ Touch Pad Alarm System $_______________ $_______________ $_______________ Push button Intercom/Camera System $_______________ $_______________ $_______________ Design/Install Subtotal $_______________ $_______________ $_______________ Fees Software/Licensing Monthly/Annual Fees Extended Total Internal & External Security Camera System $_______________ $_______________ $_______________ Touch Pad Alarm System $_______________ $_______________ $_______________ Push button Intercom/Camera System $_______________ $_______________ $_______________ Perpetual Fees Subtotal $_______________ $_______________ $_______________ Vendor Name:_______________________________ Subtotal Equip & Design/Install Subtotal Perpetual Fees Subtotal Grand Total Internal & External Security Camera System $_______________ $_______________ $_______________ Touch Pad Alarm System $_______________ $_______________ $_______________ Push button Intercom/Camera System $_______________ $_______________ $_______________ Are you a City of Tacoma Small Business or State of Washington WMBE Enterprise Company? YES* _____ NO _____ * (If Yes – please make sure to fill out applicable documents in the Appendix listed in the Bid Submittal Checklist) REMINDER: Please make sure to check the Bid Submittal Checklist and the Content to be Submitted area of the RFP to make sure all applicable forms are filled out and included as well as answers to the questions listed. Revised: 07/20/2007, 04/12/2012, 06/21/2019 Specification No. Name of Bidder: ________________________ State Responsibility and Reciprocal Bid Preference Information Certificate of registration as a contractor Number: (Must be in effect at the time of bid submittal): Effective Date: Expiration Date: Current Washington Unified Business Identifier Number: (UBI) Number: Do you have industrial insurance (workers’ compensation) ☐ Yes ☐ No Coverage nor your employees working in Washington? ☐ Not Applicable Washington Employment Security Department Number Number: ☐ Not Applicable Washington Department of Revenue state excise tax Number: Registration number: ☐ Not Applicable Have you been disqualified from bidding any public works contracts under RCW 39.06.010 or 39.12.065(3)? Do you have a physical office located in the state of Washington? If incorporated, in what state were you incorporated? If not incorporated, in what state was your business entity formed? Have you completed the training required by RCW 39.04.350, or are you on the list of exempt businesses maintained by the Department of Labor and Industries? ☐ Yes ☐ No If yes, provide an explanation of your disqualification on a separate page. ☐ Yes ☐ No State: ☐ Not Incorporated State: ☐ Yes ☐ No City of Tacoma Certification of Compliance with Wage Payment Statutes 09/20/2018 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (August 15, 2022), that the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Bidder Signature of Authorized Official* Printed Name Title Date City State Check One: Individual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ State of Incorporation, or if not a corporation, the state where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. REFERENCES Only bidders experienced in this type of work and with a record of successful completion of jobs of similar scope will be considered. Must provide minimum of 3 References Beginning Date Completion Date Customer Contact Person Phone # Amount of Contract/work Request for Proposal Specification No. CM22-0266F APPENDIX B SAMPLE FORMS Contract Payment Bond Performance Bond General Release S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 1 of 9 CONTRACT Resolution No. Contract No. This Contract is made and entered into effective as of [Month], [Day], [Year] (“Effective Date”) by and between the City of Tacoma, a Municipal Corporation of the State of Washington (“City”), and [supplier name as it appears in Ariba, including dbas or trade names] (“Contractor”). That in consideration of the mutual promises and obligations hereinafter set forth the Parties hereto agree as follows: I. Contractor shall fully execute and diligently and completely perform all work and provide all services and deliverables described herein and in the items listed below each of which are fully incorporated herein and which collectively are referred to as “Contract Documents”: 1. Specification No. [Spec Number] [ Spec Title] together with all authorized addenda. 2. Contractor’s submittal [or specifically described portions thereof] dated [Enter Submittal Date] submitted in response to Specification No. [Spec Number] [Spec Title]. 3. Describe with specific detail and list separately any other documents that will make up the contract (fee schedule, work schedule, authorized personnel, etc.) or any other additional items mutually intended to be binding upon the parties. II. If federal funds will be used to fund, pay or reimburse all or a portion of the services provided under the Contract, the terms and conditions set forth at this Appendix A are incorporated into and made part of this Contract and CONTRACTOR will comply with all applicable provisions of Appendix A and with all applicable federal laws, regulations, executive orders, policies, procedures, and directives in the performance of this Contract. If CONTRACTOR’s receipt of federal funds under this Contract is as a sub-recipient, a fully completed Appendix B, “Sub-recipient Information and Requirements” is incorporated into and made part of this Contract. III. In the event of a conflict or inconsistency between the terms and conditions contained in this document entitled Contract and any terms and conditions contained the above referenced Contract Documents the following order of precedence applies with the first listed item being the most controlling and the last listed item the least controlling: 1. Contract, inclusive of Appendices A and B. 2. List remaining Contract Documents in applicable controlling order. IV. The Contract terminates on xxxxx, and may be renewed for xxxxxxxx V. The total price to be paid by City for Contractor’s full and complete performance hereunder, including during any authorized renewal terms, may not exceed: $[Dollar Amount], plus any applicable taxes. VI. Contractor agrees to accept as full payment hereunder the amounts specified herein and in Contract Documents, and the City agrees to make payments at the times and in the manner and upon the terms and conditions specified. Except as may be otherwise provided herein or in Contract Documents Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work and providing the services and deliverables required by this Contract. VII. The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card (aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House (ACH), then check or other cash equivalent. CONTRACTOR may be required to have the capability of accepting the City’s ePayables or credit card methods of payment. The City of Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or credit card is used. The City, in its sole discretion, will determine the method of payment for this Contract. S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 2 of 9 VIII. Failure by City to identify a deficiency in the insurance documentation provided by Contractor or failure of City to demand verification of coverage or compliance by Contractor with the insurance requirements contained in the Contract Documents shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. IX. Contractor and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the requirements contained herein and in Contract Documents. It is further provided that no liability shall attach to City by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the Parties hereto have accepted and executed this Contract, as of the Effective Date stated above, which shall be Effective Date for bonding purposes as applicable. CITY OF TACOMA: CONTRACTOR: Signature: Signature: Name: Name: Title: Title: (City of Tacoma use only - blank lines are intentional) Director of Finance: ______________________________________________________________ Deputy/City Attorney (approved as to form): _________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ APPENDIX A FEDERAL FUNDING S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 3 of 9 1. Termination for Breach CITY may terminate this Contract in the event of any material breach of any of the terms and conditions of this Contract if CONTRACTOR’s breach continues in effect after written notice of breach and 30 days to cure such breach and fails to cure such breach. 2. Prevailing Wages 1. If federal, state, local, or any applicable law requires CONTRACTOR to pay prevailing wages in connection with this Contract, and CONTRACTOR is so notified by the CITY, then CONTRACTOR shall pay applicable prevailing wages and otherwise comply with the Washington State Prevailing Wage Act (RCW 39.12) in the performance of this Contract. 2. If applicable, a Schedule of Prevailing Wage Rates and/or the current prevailing wage determination made by the Secretary of Labor for the locality or localities where the Contract will be performed is made of part of the Contract by this reference. If prevailing wages apply to the Contract, CONTRACTOR and its subcontractors shall: i. Be bound by and perform all transactions regarding the Contract relating to prevailing wages and the usual fringe benefits in compliance with the provisions of Chapter 39.12 RCW, as amended, the Washington State Prevailing Wage Act and/or the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable, including the federal requirement to pay wages not less than once a week. ii. Ensure that no worker, laborer or mechanic employed in the performance of any part of the Contract shall be paid less than the prevailing rate of wage specified on that Schedule and/or specified in a wage determination made by the Secretary of Labor (unless specifically preempted by federal law, the higher of the Washington state prevailing wage or federal Davis-Bacon rate of wage must be paid. iii. Immediately upon award of the Contract, contact the Department of Labor and Industries, Prevailing Wages section, Olympia, Washington and/or the federal Department of Labor, to obtain full information, forms and procedures relating to these matters. Per such procedures, a Statement of Intent to Pay Prevailing Wages and/or other or additional documentation required by applicable federal law, must be submitted by CONTRACTOR and its subcontractors to the CITY, in the manner requested by the CITY, prior to any payment by the CITY hereunder, and an Affidavit of Wages Paid and/or other or additional documentation required by federal law must be received or verified by the CITY prior to final Contract payment. 3. COPELAND ANTI-KICKBACK ACT For Contracts subject to Davis Bacon Act the following clauses will be incorporated into the Contract: A. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract. B. CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses federal agencies may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 4 of 9 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these Contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 4. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. If the CONTRACTOR does over $10,000 in business a year that is funded, paid or reimbursed with federal funds, CONTRACTOR will take specific and affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: A. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. D. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. In the event of CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further federally funded contracts in accordance with procedures S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 5 of 9 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT A. Overtime requirements. Neither CONTRACTOR or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (3)(A) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (3)(A) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (3)(A) of this section. C. Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 6 of 9 contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (3)(B) of this section. D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (3)(A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (3)(A) through (D) of this section. 6. CLEAN AIR ACT A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funds. 7. FEDERAL WATER POLLUTION CONTROL ACT A. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the appropriate federal agency. C. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funding. 8. DEBARMENT AND SUSPENSION A. This Contract is a Covered Transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the CONTRACTOR is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier Covered Transaction it enters into. S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 7 of 9 C. This certification is a material representation of fact relied upon by the CITY. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Contract and to include a provision requiring such compliance in its lower tier covered transactions. 9. BYRD ANTI-LOBBYING AMENDMENT A. Contractors who apply or bid for an award of $100,000 or more shall file the required certification with CITY. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the CITY. B. If applicable, CONTRACTOR must sign and submit to the CITY the certification required by Appendix A to 44 CFR Part 18 contained at Appendix A-1 to this Contract. 10. PROCUREMENT OF RECOVERED MATERIALS A. In the performance of this Contract, CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing forcompliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price. B. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. C. CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. https://www.epa.gov/smm/comprehensive-%20procurement-guideline-cpg-program S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 8 of 9 APPENDIX A-1 APPENDIX A to 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, __________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. ___________________________________ Signature of Contractor’s Authorized Official ___________________________________ Name and Title of Contractor’s Authorized Official ______________Date S A M P LE Supplies_PurchasedServices_PW Form No. SPEC-120A CW####### Template Revised: 02/03/2022 Page 9 of 9 APPENDIX B—Sub-recipient information and requirements Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification (i) Agency Name (must match the name associated with its unique entity identifier) (ii) Unique Entity Identifier (i.e., DUNS) City of Tacoma Number for This Agreement (iii) Federal Award Identification Number (FAIN) (iv) Federal Award Date (v) Federal Period of Performance Start and End Date (vi) Federal Budget Period Start and End Date (vii) Amount of Federal Funds Obligated to the agency by this action: $ (viii) Total Amount of Federal Funds Obligated to the agency (ix) Total Amount of the Federal Award Committed to the agency $ (x) Federal Award Project Description: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS– City of Tacoma (xi) Federal Awarding Agen cy: DEPARTMENT OF THE TREASURY Pass-Through Entity: City of Tacoma Awarding Official Name and Contact Information: (xii) Assistance Listing Number and Name (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listing number at time of disbursement) (xiii) Identification of Whether the Award is R&D (xiv) Indirect Cost Rate for the Federal Award Award Payment Method (lump sum payment or reimbursement) REIMBURSEMENT Form No. SPEC-100B 04/09/2020 Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of, $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW 39.08, 39.12, and 60.28, including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract shall in any way affect its obligation on this bond, and waivers notice of any changes, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. No suit or action shall be commenced hereunder by any claimant unless claimant shall have given the written notices to the City, and where required, the Contractor, in accordance with RCW 39.08.030. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of claims which may be properly filed in accordance with RCW 39.08 whether or not suit is commenced under and against this bond. If any claimant shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgment and attorney fees as provided by RCW 39.08.030, shall also pay such costs and attorney fees as may be incurred by the City as a result of such suit. Venue for any action arising out of or in connection with this bond shall be in Pierce County, WA. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. PAYMENT BOND TO THE CITY OF TACOMA Form No. SPEC-100B 04/09/2020 Resolution No. Bond No. Specification No. Contract No. One original bond shall be executed, and be signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Principal: Enter Vendor Legal Name By: Surety: By: Agent’s Name: Agent’s Address: Form No. SPEC-100A 04/09/2020 Resolution No. Bond No. That we, the undersigned, as principal, and as a surety, are jointly and severally held and firmly bound to the CITY OF TACOMA, in the penal sum of $ , for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Tacoma. WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a contract, providing for Specification No. Specification Title: Contract No. (which contract is referenced to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth. This statutory performance bond shall become null and void, if and when the principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal’s obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increase. If the City shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgement, shall pay all costs and attorney’s fees incurred by the City in enforcement of its rights hereunder. Venue for any action arising out of in in connection with this bond shall be in Pierce County, Washington. Surety companies executing bonds must be authorized to transact business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Department of the Treasury. One original bond shall be executed, and signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed power of attorney for the office executing on behalf of the surety. Principal: Enter Vendor Legal Name By: Surety: By: Agent’s Name: Agent’s Address: PERFORMANCE BOND TO THE CITY OF TACOMA *NOTE: ORIGINAL RELEASE WILL BE MAILED TO THE CONTRACTOR AT THE END OF THIS PROJECT* GENERAL RELEASE TO THE CITY OF TACOMA ____________ The undersigned, named as the contractor in a certain agreement between ((CCOONNTTRRAACCTTOORR)) and the City of Tacoma, dated _________ 20 , hereby releases the City of Tacoma, its departmental officers, employees, and agents from any and all claim or claims known or unknown, in any manner whatsoever, arising out of, or in connection with, or relating to said contract, excepting only the equity of the undersigned in the amount now retained by the City of Tacoma under said contract, to-wit: the sum of $_____________ Signed at Tacoma, Washington this ______________ day of _____________________, 20 . ______________________________ Contractor By ____________________________________ Title ___________________________________ Request for Proposal Specification No. CM22-0266F APPENDIX C INSURANCE REQUIREMENTS GENERAL PROVISIONS CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CM22-0266F Template Revised 10/3/2019 Page 1 of 4 The Contractor (Contractor) shall maintain at least the minimum insurance set forth below. By requiring such minimum insurance, the City of Tacoma shall not be deemed or construed to have assessed the risk that may be applicable to Contractor under this Contract. Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) of every tier performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements applicable to Contractor and Contractor’s Subcontractor(s): 1.1. City of Tacoma reserves the right to approve or reject the insurance provided based upon the insurer, terms and coverage, the Certificate of Insurance, and/or endorsements. 1.2. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by City of Tacoma. 1.3. Contractor shall keep this insurance in force during the entire term of the Contract and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.4. Insurance policies required under this Contract that name “City of Tacoma” as Additional Insured shall: 1.4.1. Be considered primary and non-contributory for all claims. 1.4.2. Contain a “Separation of Insured provision and a “Waiver of Subrogation” clause in favor of City of Tacoma. 1.5. Section 1.4 above does not apply to contracts for purchasing supplies only. 1.6. Verification of coverage shall include: 1.6.1. An ACORD certificate or equivalent. 1.6.2. Copies of all endorsements naming the City of Tacoma as additional insured and showing the policy number. 1.6.3. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. 1.7. Liability insurance policies, with the exception of Professional Liability and Workers’ Compensation, shall name the City of Tacoma and its officers, elected officials, employees, agents, and authorized volunteers as additional insured. 1.7.1. No specific person or department should be identified as the additional insured. 1.7.2. All references on certificates of insurance and endorsements shall be listed as “City of Tacoma”. 1.7.3. The City of Tacoma shall be additional insured for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CM22-0266F Template Revised 10/3/2019 Page 2 of 4 37 04 13 or the equivalent for the full available limits of liability maintained by the Contractor irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract and irrespective of whether the Certificate of Insurance describes limits lower than those maintained by the Contractor. 1.8. Contractor shall provide a Certificate of Insurance for each policy of insurance meeting the requirements set forth herein when Contractor provides the signed Contract for the work to City of Tacoma. Contractor shall provide copies of any applicable Additional Insured, Waiver of Subrogation, and Primary and Non-contributory endorsements. Contract or Permit number and the City Department must be shown on the Certificate of Insurance. 1.9. Insurance limits shown below may be written with an excess policy that follows the form of an underlying primary liability policy or an excess policy providing the required limit. 1.10. Liability insurance policies shall be written on an “occurrence” form, except for Professional Liability/Errors and Omissions, Pollution Liability, and Cyber/Privacy and Security 1.11. If coverage is approved and purchased on a “Claims-Made” basis, Contractor warrants continuation of coverage, either through policy renewals or by the purchase of an extended reporting period endorsement as set forth below. 1.12. The insurance must be written by companies licensed or authorized in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best's Key Rating Guide www.ambest.com. 1.13. Contractor shall provide City of Tacoma notice of any cancellation or non-renewal of this required insurance within Thirty (30) calendar days. 1.14. Contractor shall not allow any insurance to be cancelled or lapse during any term of this Contract, otherwise it shall constitute a material breach of the Contract, upon which City of Tacoma may, after giving Five (5) business day notice to Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith; with any sums so expended to be repaid to City of Tacoma by Contractor upon demand, or at the sole discretion of City of Tacoma, offset against funds due Contractor from City of Tacoma. 1.15. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.16. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services has changed. http://www.ambest.com/ CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CM22-0266F Template Revised 10/3/2019 Page 3 of 4 1.17. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made by City of Tacoma to Contractor. 1.18. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.19. Failure by City of Tacoma to identify a deficiency in the insurance documentation provided by Contractor or failure of City of Tacoma to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.20. If Contractor is a State of Washington or local government and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. 2. CONTRACTOR As used herein, "Contractor" shall be the Supplier(s) entering a Contract with City of Tacoma, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise. 3. SUBCONTRACTORS It is Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage. Contractor shall provide evidence of such insurance upon City of Tacoma’s request. 4. REQUIRED INSURANCE AND LIMITS The insurance policies shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve Contractor from liability in excess of such limits. 4.1 Commercial General Liability Insurance Contractor shall maintain Commercial General Liability Insurance policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. The Commercial General Liability Insurance policy shall be written on an Insurance Services Office form CG 00 01 04 13 or its equivalent. Products and Completed Operations shall be maintained for a period of three years following Substantial Completion of the Work related to performing construction services. This policy shall include product liability especially when a Contract solely is for purchasing supplies. The Commercial General Liability policy shall be endorsed to include: A per project aggregate policy limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. 4.2 Commercial (Business) Automobile Liability Insurance Contractor shall maintain Commercial Automobile Liability policy with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury and property damage and bodily injury and property damage coverage for owned (if any), non-owned, hired, or leased vehicles. CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: CM22-0266F Template Revised 10/3/2019 Page 4 of 4 Commercial Automobile Liability Insurance shall be written using ISO form CA 00 01 or equivalent. Contractor must also maintain an MCS 90 endorsement or equivalent and a CA 99 48 endorsement or equivalent if “Pollutants” are to be transported. 4.3 Workers' Compensation Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. The Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of Washington. 4.4 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 4.5 Professional Liability Insurance or Errors and Omissions Contractor and/or its subcontractor shall maintain Professional Liability or Errors and Omissions with limits of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate covering acts, errors and omissions arising out of the professional services under this Contract. If the policy limit includes the payment of claims or defense costs, from the policy limit, the per claim limit shall be Two Million Dollars ($2,000,000). If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability policy shall include Pollution Liability coverage. If provided on a “claims-made” basis, such coverage shall be maintained by policy renewals or an extended reporting period endorsement for not less than three years following the end of the Contract. 4.6 Installation Floater Insurance Contractor shall maintain during the term of the Contract, at its own expense, Installation Floater Insurance covering Contractor's labor, materials, and equipment to be used for completion of the work performed under this Contract against all risks of direct physical loss, excluding earthquake and flood,